business law and legal environment all 75 answered

            Question 1 ? ?

             

             

             

              What is the difference between larceny and robbery?

             

             

Question 2 ?

             

             

             

a letter to Tonia, Claude wrote, “Melissa is very stupid. She has a low IQ, as has been shown in several private IQ tests that I have administered. I can't understand why a smperson like you would associate with her.” In fact, Melissa has a very high IQ, which the IQ tests showed. Claude's statement is an example of:

             

             

Question 3 ?

             

             

             

              The law of negligence is based on:

             

             

Question 4 ??

             

             

             

              The burden of proof in a criminal trial is on the government, which must prove its case by a preponderance of the evidence.

             

             

Question 5 ??

             

             

             

              An inspector for the Occupational Safety and Health Administration arrived at Exclon's factory to conduct an inspection. The inspector did not have a search warrant. The general manager of the factory gave the inspector permission to inspect the facility. During the inspection, the inspector found serious safety violations. Exclon will be a able to successfully challenge the search because the inspector did not have a search warrant.

             

             

Question 6 ?

             

             

             

              All theories of tort liability involve the concept of foreseeability.

             

             

Question 7 ?

             

             

             

              At an arraignment, the person accused of criminal conduct is informed of the charges he or she is facing, and if necessary an attorney is appointed for the defendant.

             

             

Question 8 ??

             

             

             

              Generally, a party cannot appeal a decision made in binding arbitration.

             

             

Question 9 ?? ?

             

             

             

              Disparagement occurs when a business product is defamed.

             

             

Question 10

             

             

             

              Why are alternative forms of dispute resolution (ADR) are becoming increasingly popular?

             

             

Question 11

             

             

             

              Strict liability for products is based on:

             

             

Question 12

             

             

             

              Manslaughter occurs when the killing is unlawful, but with malice.

             

             

Question 13 ?? ?

             

             

             

              If one act is both a crime and a tort:

             

             

Question 14 ??

             

             

             

              A dispute arose between Tenako, Inc. and Paulson, LLC. The businesses decided to attempt to resolve the dispute by hiring an impartial third party to help them reach a mutually acceptable resolution to their dispute. The alternative method of dispute resolution being used is:

             

             

Question 15 ??

             

             

             

              The law protects an individual from suffering serious indignity that causes emotional distress.

             

             

Question 16 ?

             

             

             

              When Steven arrived at the airport for his prearranged flight, the clerk informed him that there were no seats available. Steven lost his composure and started to scream at the clerk, demanding a seat on the plane. As he yelled, Steven paced back and forth in front of the airline counter. Steven made no physical movement towards the clerk. Which statement is correct?

             

             

Question 17 ??

             

             

             

              The correct title for the RICO statute is the:

             

             

Question 18 ?? ?

             

             

             

              Larceny is defined as:

             

             

Question 19 ?

             

             

             

              Duty, breach of duty, proximate causation, and injury are the elements necessary for the tort of negligence.

             

             

Question 20 ??

             

             

             

              Rozencrantz picked the lock on the door of Stems' house and entered, intending to steal Sterns' computer. However, Rozencrantz heard a noise and ran out of the house without taking anything. Rozencrantz has committed which crime?

             

             

Question 21 ?

             

             

             

              Corporate employees are personally liable for the crimes they commit while acting for the corporation.

             

             

Question 22 ?? ?

             

             

             

              Slander is:

             

             

Question 23 ?? ?

             

             

             

              Arson is the unintentional burning of any property by fire or explosion.

             

             

Question 24 ?? ?

             

             

             

              Burglary is the taking of money by an employee who has been entrusted with the money by his or her employer.

             

             

Question 25 ??

             

             

             

              Identity theft occurs when a thief steals personal information, such as the name, address, Social Security number, and/or name of the employer, and then uses this information to access the victim's credit.

             

             

Question 26 ?

             

             

             

              Recovery for intentional torts is based on the concept of fault, while recovery for strict liability and negligence are not.

             

             

Question 27 ??

             

             

             

              Duress may be a valid criminal defense.

             

             

Question 28 ?? ?

             

             

             

              Tort law is a recent development.

             

             

Question 29 ??

             

             

             

              Most states follow the traditional view of contributory negligence.

             

             

Question 30 ?? ?

             

             

             

              Slander is a written defamation.

             

             

Question 31 ?? ?

             

             

             

              In most cases, mediation is not successful and parties end up going through arbitration.

             

             

Question 32 ?? ?

             

             

             

              An expert witness:

             

             

Question 33 ??

             

             

             

              The purpose of a demurrer is to challenge the legal sufficiency of the other party's pleading as a pleading.

             

             

Question 34 ?? ?

             

             

             

              A deposition is:

             

             

Question 35 ?? ?

             

             

             

              A minitrial:

             

             

Question 36 ?? ?

             

             

             

              According to your text, The American Arbitration Association (AAA) claims that its mediations are very effective with 85 percent of commercial matters and 95 percent of personal injury matters resulting in written settlement agreements.

             

             

Question 37

             

             

             

              Duress requires all EXCEPT:

             

             

Question 38 ?

             

             

             

              Generally, a motion for summary judgment is made after:

             

             

Question 39 ?? ?

             

             

             

              A public figure is a person who has a degree of prominence in society.

             

             

Question 40 ?? ?

             

             

             

              False imprisonment is the lawful detention of one person by another against the former's will, and without just cause, for an appreciable amount of time.

             

             

Question 41 ?

             

             

             

              In Mediation, The parties present their evidence to an impartial third party who makes a decision called an award. Before the hearing begins, the parties decide if the third party will be binding or advisory on them.

             

             

Question 42 ?? ?

             

             

             

              Increasingly, courts are requiring criminals to use alternative methods of dispute resolution (ADR) before the court will hear the case.

             

             

Question 43 ?

             

             

             

              State law cannot prohibit arbitration agreements.

             

             

Question 44 ?

             

             

             

              Which of the following is an advantage of mediation?

             

             

Question 45

             

             

             

              What do all theories of tort liability have in common?

             

             

Question 46 ?? ?

             

             

             

              The courts favor alternative methods of dispute resolution (ADR).

             

             

Question 47 ?

             

             

             

              In the U.S., evidence obtained through an illegal search may not be used in court.

             

             

Question 48 ?? ?

             

             

             

              Rozencrantz pointed a gun at Sterns, and told him to hand over his wallet. Sterns refused. Rozencrantz snatched the wallet out of Sterns' hands and ran away. Rozencrantz has committed which of the following crimes?

             

             

Question 49 ?

             

             

             

              Tort law addresses “public” wrongs.

             

             

Question 50 ?

             

             

             

              Sybrum, Inc. ordered 5,000 brochures from PrintSmart. Subsequently, a dispute arose over the quality of the paper. The contract did not include an arbitration agreement. Since the initial agreement did not include an agreement to arbitrate, the matter cannot be settled by arbitration.

             

             

Question 51 ?

             

             

             

              Jacqueline was the bookkeeper for Vop, Inc. To pay a gambling debt, Jacqueline took $5,000 in cash that was to be deposited in Vop's bank account. Jacqueline then altered Vop's accounting records to hide her actions. Which statement is correct?

             

             

Question 52 ?? ?

             

             

             

              The difference between murder and manslaughter lies in the mental state of the defendant.

             

             

Question 53 ?? ?

             

             

             

              What is the purpose of alternate jurors?

             

             

Question 54 ??

             

             

             

              ADR is less adversarial than litigation.

             

             

Question 55 ?? ?

             

             

             

Res judicata means that when a court issues a final judgment, the subject matter of that lawsuit is finally decided between the parties to the suit.

             

             

Question 56 ?

             

             

             

              Generally, mediation sessions are open to the public.

             

             

Question 57 ?? ?

             

             

             

              Treason is the only crime defined in the U.S. Constitution4 and is the most serious offense against the government.

             

             

Question 58 ??

             

             

             

              Imogene is an employee of Tennyson, Inc. She is not permitted to handle money for the company, and has never been given the key to the cash register or the combination of the safe. One night, after the business is closed, she enters the building (using the ID-card key that all employees have), picks the lock on the safe, and steals $10,000 in cash. Imogene has committed the crime of embezzlement.

             

             

Question 59 ?? ?

             

             

             

              The final decision of an arbitrator is called an award.

             

             

Question 60 ?

             

             

             

              Strict liability can be a basis for criminal liability as well as for tort liability.

             

             

Question 61 ?

             

             

             

              Larceny is the wrongful taking and carrying away of the personal property of another person without the owner's consent, and with the intent to deprive the owner of the property permanently.

             

             

Question 62 ?

             

             

             

              Caitlin sued Yu in small claims court. A $500 judgment was entered in favor of Caitlin. Which statement is correct?

             

             

Question 63 ?

             

             

             

                Misdemeanors are minor offenses that are punishable by confinement of up to two years in a city or county jail, a small fine, or both.

             

             

Question 64 ?

             

             

             

              The tort of fraud consists of which of the following elements?

             

             

Question 65 ?? ?

             

             

             

              A person who chooses to become active in society such as a mail carrier is a public figure.

             

             

Question 66 ?

             

             

             

              The Economic Espionage Act makes it a criminal offense to:

             

             

Question 67 ?? ?

             

             

             

              Rebecca was asked to mediate a dispute between Paul and Lola. To mediate the dispute, Rebecca must be certified by the American Mediation Association (AMA) or other recognized organizations.

             

             

Question 68 ?? ?

             

             

             

              Roxanne, a 30-year-old woman, went to Dr. Lynn's office for a pregnancy test. Before Roxanne was notified about the positive test results, Dr. Lynn's nurse called Roxanne's mother and told her about the pregnancy. The nurse has most likely committed the tort of:

             

             

Question 69 ??

             

             

             

              The burden of proof the state must satisfy in a criminal trial is:

             

             

Question 70 ?? ?

             

             

             

              Homicide is the killing of one human being by another.

             

             

Question 71 ?

             

             

             

              Gretchen walked up to Herman's door and rang the bell. Herman answered the door and asked what Gretchen wanted. Gretchen said that she was selling collectors' items. Herman told Gretchen to leave, but Gretchen immediately walked past Herman into the house. Gretchen then showed Herman an old watch, telling him that the watch once belonged to Ulysses S. Grant (38th President of the United States and Civil War hero); in fact, the watch is only 50 years old and was never owned by anyone noteworthy, as Gretchen knows very well. Herman believed Gretchen and bought the watch. Immediately thereafter, Nate entered the room, saw what was happening, and started to warn Herman. Gretchen pulled out a gun and fired it at Nate; the gun contained only blank cartridges, but Nate and Herman both thought that they were about to be killed and fainted. Gretchen took the telephone and left. No one was hurt. Gretchen committed all of the following torts EXCEPT:

             

             

Question 72 ??

             

             

             

              There are four elements that must be shown before a recovery for the tort of negligence is permitted. Which of the following lists these four conditions?

             

             

Question 73

             

             

             

              Voluntary intoxication is always a valid defense in a criminal case because drunken persons cannot be held responsible for their actions.

             

             

Question 74 ?

             

             

             

              Under strict product liability, there would not be any liability unless the manufacturer was at fault to some degree.

             

             

Question 75

             

             

             

              A lawyer may use his or her peremptory challenges to remove all the African-Americans from the jury.

             

             

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