BUSA 310 Exam 1 Study Guide Lectures 1 3 STUDY QUESTIONS 1 Which branch of government generally introduces new laws a Legislative b Executive c Judicial st 2 What right does the 1 Amendment to the United States Constitution protect a Free speech b Right against self incrimination c Right to vote 3 In a West Virginia Civil Jury Trial verdicts have to be unanimous a True b False 4 Federal Judges are appointed by which branch of government a Executive b Legislative c Judiciary 5 How do you start a civil suit a Punch someone b File a Complaint c File an Answer 6 Which are economic damages a Lost wages b Medical bills c Pain and suffering d All the above 7 An example of non economic award is a Order of injunction b Future Medical bills c Pension benefit award 8 A tort is a a French pastry b Criminal offense c Civil wrong 9 Collateral Source Rule means a Individual wealth may bar suit b Introduction of insurance is prohibited at trial c Introduction at trial of insurance is allowed 10 Punitive Damages are awarded to a Compensate the injured b Compensate the State for prosecuting the case c Punish the wrong doer 11 Mediation can be used any time during or after a lawsuit is filed or tried to verdict a True b False 12 A mediator reaches a decision that both sides are bound by a True b False 13 Which is correct about an arbitration a Consists of a panel b Decision is usually binding c Allows both sides to present their case d All the above 14 What is the primary protection of the 5 a Against self incrimination b Right to vote c Freedom of speech th Amendment to the United States Constitution 15 Can one act be both criminal and lead to civil suit a True b False 16 I told someone that Susan was a known drug dealer I know the statement isn t true What civil action can Susan bring a Battery b Libel c Slander 17 Tom a West Virginia resident was in a car wreck in West Virginia with another West Virginia resident where can he bring his law suit a Pennsylvania b Ohio c Federal Court d None of the above 18 All torts are made up of elements a True b False 19 Which element does not belong in a negligence case a Owed a duty b Breached the duty c Must be a citizen of another state d Damaged 20 Which are the sources of new legislation a City council b State legislature c Supreme Court d a and b only 21 Who is responsible for bringing a criminal action a U S Attorney b The Law Firm of Hendrickson Long c State Prosecutor d a and c only 22 Law requires you to act a certain way Ethics is how a You close a deal b You use whatever means necessary to get a business advantage c You should act 23 An attorney is told by his client that he committed the crime he is charged with it is ethical for the lawyer a To tell the prosecutor b To tell the Judge c Plead his client not guilty 24 How does the Federal Government persuade states to pass laws they might otherwise not pass a Threaten a lawsuit b Send in Federal Troops c Withhold funds 25 A Plaintiff is an individual or company that initiates the lawsuit a True b False 26 Joe is at a bar on Thursday night a person much bigger than him threatens to beat him to a pulp Joe has a potential cause of action for a Negligence b Battery c Libel d Assault 27 Which is a type of law a Common b Statute c University Policies d All the above 28 Risk management Cost benefit are two types of what type of ethics a Draconian b Utilitarian c Darwinian 29 Shareholder ethics would focus more on a Employee salaries b Company benefits c Profits 30 What are some considerations when trying to evaluate whether or not to bring a civil lawsuit a Cost b Precedential value c Duration of case d All the above 31 John gets sued in State Court for causing a car wreck he can waive his right to a jury trial a True b False 32 Discovery is used to find out facts and evidence in a civil suit which one of the following is not a tool used in discovery a Depoisition b Production of documents and things c Motion for Joinder of a Party 33 A Litigation Hold requires a company to preserve all documents correspondence e mails etc during the pendency of litigation for a specified time a True b False 34 The Bill of Rights is the first 14 Amendments to the United States Constitution a True b False 35 Caps on damages in medical malpractice lawsuits is called a Tort Reform b Medical Recovery Act c Insurance Reform 36 John wins a verdict at trial of 100 000 00 he has already collected 95 000 00 from codefendants The Judge therefore enters an Order for only 5 000 00 what is this called a Subrogation b Damage Cap c Offset 37 Sally takes her case to trial and wins 75 000 00 She later refiles the exact same case She will be barred from processing the second case by the a State Constitution b Checks and balances c One Recovery Rule 38 Which of the following if any are examples of property damages a Replacement b Lost wages c Cost of repair d a and c 39 Bob threw a baseball and he hit Tom by mistake in the back of the head injuring Tom Bob could be liable for a Negligence b An intentional tort c Battery d a and b 40 Sally went to the beach last year the hotel staff told her to be careful because the water was full of sharks Sally was bitten by a shark she sues the hotel The hotel can assert what defense a Stupidity b Statute of limitations c Assumption of the risk 41 John is on his own land chopping down a tree Dave a trespasser is down the hill from John but John doesn t know it and when the tree falls it hits Dave and kills him John s best argument for not being liable is a No duty to Dave b No foreseeability c Dave was injured due to own carelessness d All the above 42 Foreseeability means that the harm caused has to flow naturally from the act that occurred a True b False 43 A doctor operates on your leg he does everything correct but unfortunately you develop an infection in the hospital and die Why is the doctor not liable a No duty to prevent infection b He did not breach the standard of care c He did not cause the injury d All the above 44 I run a wine shop Smith comes into my shop to buy some wine later drinking it at home and in …