Business Law Expert Answers & Study Resources

61) Ashley is unhappy with her neighbor, Josh, because Josh is pressing charges against her for repeatedly trespassing on his property. She tells him that unless he drops the charges, she will bring an action against him for nuisance because he plays his stereo late at night at times. While.

36) Which of the following is true regarding the apprehension necessary for the tort of assault? A) Apprehension and fear are the same thing. B) A person may be in apprehension of physical harm, even if the person is too courageous to actually be afraid of that physical harm. C) The test for.

88) Identify and explain the elements of negligence. 89) What does "res ipsa loquitur" mean? What must a plaintiff demonstrate in order rely upon that doctrine?     .

ESSAY QUESTIONS 86) List the four purposes of tort law and discuss whether you believe that additional tort reform should occur. 87) Explain what is needed in order to establish damages in defamation actions. Address whether special proof is needed and, if so, under what circumstances.     .

[Diving Fiasco] Rogerio, who owns a dive shop in the U.S., takes a group of his customers diving in U.S. waters. Rogerio is aware that the area where the divers will be visiting is occasionally visited by sharks. He is also aware that, while sting rays are usually tame, they.

88) Explain the concept of absolute privilege in the context of defamation and set forth the two situations listed in the text in which it is applied. Discuss whether you believe each category of absolute privileges should be eliminated.     .

90) Deb lives in a jurisdiction where all residential swimming pools are required by law to be fenced in by a fence that is at least six feet tall in order to prevent accidental drowning. Deb built a pool in her backyard a couple of months ago, but she hasn't.

90) Describe the fair report privilege in relation to defamation, then list the conditions required for it to apply.     .

6) Proving that consent occurred is a defense to battery. A) True B) False 7) Defense of property cannot be a defense to a claim of battery. A) True B) False 8) Subjective opinions are subject to an action for defamation in the same way as statements of alleged fact. A) True B) False 9) Defamation can be a.

41) What law gives immunity to providers of interactive computer services for liability they might otherwise incur because of material disseminated by them but created by others? A) The Internet Communications Act of 2000. B) The Internet Communications Protection Act of 1998. C) The Interactive Computer Services Protection Act of 2004. D) The Blog.

ESSAY QUESTIONS 86) What elements are necessary to establish bribery of a public official? 87) Discuss the four alternative ways, in addition to fines, to punish white-collar criminals discussed in the text. Discuss the pros and cons of each. 88) Explain the type of conduct generally referenced by the term "criminal fraud" and.

11) Three-quarters of the states remain contributory negligence states. A) True B) False 12) To use the assumption of the risk defense successfully, a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm the defendant caused. A) True B) False 13) Implied assumption of the risk occurs when the.

[Pet Police] Min-ji breeds German Shepherd dogs. Daniel, who lives down the street, took in a stray dog loosely identified as a Corgi-plus. The dog, Casanova, would definitely be classified as a mixed breed. Daniel allowed Casanova to roam freely. Unfortunately, Casanova went to visit Min-ji's purebred German Shepherd. Mixed.

21) What type of torts occur when the defendant takes an action intending certain consequences will result or knowing certain consequences are likely to result? A) Strict-liability B) Criminal C) Liability D) Intentional E) Negligent 22) What type of torts occur when the defendant is careless and acts in a way that subjects other people to.

56) Kelly is mad at Pier and locks Pier in a closet for two hours without justification. This is an example of ________. A) False imprisonment. B) Qualified imprisonment. C) Forcible detention. D) Contained detention. E) False detention. 57) Which of the following would constitute false imprisonment? A) Threatening to use immediate physical force to detain someone;.

26) Which of the following includes destruction of a building using an explosive device? A) Larceny B) Criminal fraud C) Arson D) Extortion E) Embezzlement 27) Which of the following serves to combat bribery of foreign officials? A) The Fair Business Act B) The International Fair Business Practices Act C) The Foreign Corrupt Practices Act D) The Foreign Official Bribery.

46) When would a defendant use the doctrine of res ipsa loquitur? A) To allow the judge and jury to presume the plaintiff destroyed evidence. B) To allow the judge and jury to infer that more likely than not, the defendant's negligence was not the cause of the plaintiff's harm. C) To allow.

89) List and explain the four different types of privacy torts.     .

21) Breach of duty in a negligence case refers to ________. A) An obligation to measure compensable losses suffered by the plaintiff. B) Actual harm, or cause in fact, which resulted from a failure to live up to a standard of care. C) A failure to live up to the standard of care.

[Hair Stylist Woes] Ryan, a college student, went to see his hair stylist, Melissa. Ryan, who had black, curly hair, requested straight, blond hair. Melissa told him that she could make those changes, but that there would be significant upkeep involved. Melissa made the changes, but Ryan did not do.

26) The CEO of a peanut company knows that its products test positive for salmonella but sell the peanuts away. Consequences can include: A) Only government-mandated bankruptcy and restructuring of the peanut company. B) Potential criminal charges against the CEO, as well as lawsuits brought by injured victims. C) Neither criminal nor civil.

6) Embezzlement is distinguished from larceny because the embezzler does not take the property from another and is already in possession of the property. A) True B) False 7) China punishes embezzlement and bank fraud less severely than the U.S. A) True B) False 8) A corporation cannot be considered a criminal under common law because.

41) What is the final required element of a negligence action? A) Proving reasonableness. B) Seeking damages. C) Arguing assumption of the risk. D) A defendant paying a prevailing plaintiff's legal fees. E) Receiving punitive damages. 42) Which of the following damages are intended to reimburse a plaintiff for his or her losses? A) Nominal. B) Exemplary. C) Compensatory. D).

66) The primary type of damages in tort law is referred to as . A) Compensatory damages B) Accrual damages C) Punitive damages D) Perspective damages E) Nominal damages 67) Which of the following is not a typical type of compensatory damage? A) Damages to punish the defendant for wrongdoing. B) Pain and suffering. C) Lost wages. D) Medical expenses. E).

56) Darryl is jaywalking in a jurisdiction that applies contributory negligence. Slick sees Darryl in the street, notices that he is not in the crosswalk, and proceeds to hit Darryl with his vehicle because he believes that Darryl should be taught a lesson about how to cross the street. Slick.

11) If a defamation statement was originally broadcast by a company in the United States and was rebroadcast in the United Kingdom without the consent of the originator of the broadcast, the U.S. company may still be held liable in the United Kingdom court. A) True B) False 12) The use of moral.

21) Less serious crimes punishable by fines or imprisonment of less than one year are which of the following? A) Misdemeanors. B) Tort offenses. C) Any business related crime. D) Petty offenses. E) Felonies. 22) Which of the following are minor offenses usually punishable by a jail sentence of less than six months or a small.

31) The misappropriation of trust funds or money held in a fiduciary capacity is which of the following? A) False pretenses B) Ponzi scheme C) False entries D) Defalcation E) Pretexting 32) Which of the following is an investment swindle in which high profits are promised from fictitious sources and early investors are paid off with.

36) When companies bill consumers for optional services that the consumers did not order, it is called which of the following? A) Fraudulent adding B) Stuffing C) Slamming D) Fraudulent transfer E) Cramming 37) Tricking consumers into changing their phone service to another carrier without their consent is known as which of the following? A) Cramming B) Fraudulent.

66) In reference to the case in the text, Ex Parte Emmette L. Barran, III, what was the result after the plaintiff sued the national and local Kappa Alpha organization following hazing activities? A) The court dismissed the lawsuit on the basis that the plaintiff assumed the risk of harm. B) The.

36) "But for" causation refers to which of the following? A) Significant cause. B) Legal cause. C) Actual cause. D) Constructive cause. E) Proximate cause. 37) Which of the following is sometimes referred to as proximate cause? A) Legal cause. B) Factual Cause. C) Actual cause. D) Significant cause. E) Cause in fact. 38) Which of the following refers to the extent.

51) Which of the following is true regarding awards of punitive damages in the U.S.? A) Awards of punitive damages in the U.S. are very similar to awards of punitive damages under the Canadian judicial system. B) The Supreme Court ruled that the issue of punitive damages is for the jury and.

16) Which of the following is a purpose of tort law? A) To compensate innocent persons who are injured. B) To allow a remedy for breach of contract claims. C) To impose criminal penalties on those who commit wrongdoing. D) To encourage vigilante justice. E) To allow prosecutors to protect the vulnerable. 17) Which of these.

11) When insanity is claimed, the test used to establish one's mental state is the same regardless of the jurisdiction involved. A) True B) False 12) In Berghuis v. Thompkins, the majority of the U.S. Supreme Court ruled that absent an explicit invocation of the right to remain silent, police may continue to.

6) When a plaintiff uses res ipsa loquitor, the plaintiff must show direct evidence of the defendant's lack of due care to prove the defendant's negligence was the cause of harm. A) True B) False 7) When negligence per se applies, the plaintiff is required to show that a reasonable person would exercise.

MULTIPLE CHOICE QUESTIONS 1) Negligent torts involve willfully refusing to exercise extraordinary care to protect another's person or property. A) True B) False 2) In some situations, the law specifies the duty of care one individual owes to another. A) True B) False 3) The severity of potential harm is a factor in determining whether a reasonable.

[Blow Up] Devin has several full gas cans in the bed of her pick-up truck, because she runs a landscaping company and needs the gas for her mowers. On the way home from the gas station, Devin stops at her bank and exits her truck. Teresa pulls behind her and.

16) Which of the following is the term that describes wrongful behavior in a criminal action? A) Stare decisis. B) Res judicta. C) Actus reus. D) Carpe diem. E) Mens rea. 17) Which of the following is a term describing the wrongful state of mind needed for a criminal action? A) Stare decisis. B) Carpe diem. C) Mens rea. D).

16) Which of the following was the result on appeal in John Coomer v. Kansas City Royals Baseball Team, the case in the text in which the plaintiff sued after being hit in the eye by a hotdog thrown into the stands by a team mascot during the "Hotdog Launch,".

71) Which of the following is a condition required for the imposition of strict liability? A) The activity is undertaken by a minor. B) The activity is heavily regulated. C) The activity involves trespassing in a way that reasonably leads to fright on the part of home owners. D) The activity is so inherently.

ESSAY QUESTIONS 86) Legally speaking, do individuals have a general duty to rescue strangers from perilous situations in most jurisdictions? Discuss your position on whether or not individuals should have a duty under tort law to rescue strangers from perilous situations, and describe how you think the law should be written.

46) Which of the following is true regarding the groups generally considered to be public figures for purposes of the public figure privilege to actions for defamation? A) Politicians and entertainers, but not small business owners, are generally considered to be public figures. B) Entertainers, but not politicians, are generally considered to.

71) Which of the following is not an example of compensatory damages? A) Payment for lost wages due to time the plaintiff had to take off from work due to injuries sustained as a result of an intentional tort. B) Payment for attorney fees the plaintiff incurred filing a lawsuit to get.

MULTIPLE CHOICE QUESTIONS 1) Tort law is primarily state law. A) True B) False 2) Reinforcing a vision of a just society is one of the purposes of tort law. A) True B) False 3) A strict-liability tort occurs when a defendant acts with the intention of engaging in a specific act that ultimately results in injury. A).

26) Which type of tort is the most willful of torts? A) Intentional torts. B) Strict liability torts. C) Assault and battery. D) Slander. E) Negligence torts. 27) What are the three categories of intentional torts? A) Torts against decency, torts against reputation, torts against persons. B) Torts against public policy, torts against property, torts against reputation. C) Torts.

51) Which of the following applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs? A) Comparative negligence. B) Statutory shop act. C) Negligence per se. D) Assumption of the risk. E) Res ipsa loquitur. 52) Which.

61) Which of the following occurs when a plaintiff expressly agrees, usually in a written contract, to assume the risk posed by the defendant's behavior? A) Express assumption of the last-clear-chance doctrine. B) Implied assumption of the last-clear-chance doctrine. C) Implied assumption of the risk. D) Assumption by incident. E) Express assumption of the risk. 62).

31) It is a generally accepted precaution for dentists to warn patients of risks and exercise extra caution if patients are on anticoagulants (blood thinners) and must undergo dental procedures. A dentist fails to alert a patient (who the dentist knows is on anticoagulants) of the risks of a procedure.

31) A(n) ________ occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact. A) Strict responsibility B) Assault and battery C) Negligence D) Battery E) Assault 32) Peter brings in a baseball bat to hit Mary because he is mad at her. When he arrives, Mary is sleeping. He lines.

89) List and discuss the three tests discussed in the text used for determining the viability of the insanity defense. 90) List and discuss the four activities referenced in the text that may constitute a violation of the Racketeer Influenced and Corrupt Organizations Act (RICO).     .