BUSINESS LAW TEST ONE FALL 2010 MANAGEMENT 3540 Name Student No Please fill in your test s Version Number found on the last page in the space for district on your answer sheet and in the space for Special Codes Fill in the dots for your name LAST NAME FIRST and fill in the dots for your student number on your answer sheet In completing the exam fill in the number on the answer sheet corresponding to the alternative that BEST completes the statement or answers the question 1 John is a reformed burglar and safe cracker A gang forces John at gun point to help them rob a bank They leave John out of the getaway car and John gets caught What is are his best defense s to the charge of robbery 1 Mistake 2 Duress 3 Consent 4 Entrapment 5 Entrapment and Duress 2 Henry is running late for his train from Jefferson City to Kansas City MO As the train departs he leaps toward the train An employee spots Henry about to leap and attempts to help him make it on the train H negligently pushes Henry so hard that he makes the train but his backpack does not Unknown to the employee there was a package of fireworks in the backpack that explodes when it hits the ground causing a railroad scale to tip and badly injure an old woman waiting on her train on the loading platform If the old woman sues the railroad for the employee s negligence which of the following is the railroad s best chance to avoid liability 1 The old woman assumed the risk by standing on the loading platform 2 Contributory negligence of the old woman 3 Comparative negligence of the old woman 4 The negligence was not the proximate cause of the woman s injury 5 The negligence was not the cause in fact of the woman s injury 3 Habeas Corpus is 1 The right to counsel 2 The right to challenge the basis for incarceration 3 The right to reading of charges against you 4 Pressing charges 5 Criminal intent 4 Fred lightly pats Tony on the back as they walk down the street as he tells him good job for the work he did last week at Fred s business Unknown to Fred Tony is unusually afraid of physical contact so he tenses up in fear chokes on his gum has a seizure and later dies in the hospital Tony s wife wants to sue Fred Based on these facts she is likely to prevail if she sues for 1 Negligence 2 Assault Battery 3 Battery 4 All Three 5 None of the above 5 Frank walks by his friend Joe s house and notices that Joe s car is gone Being strapped for cash Frank decides to see if Joe has a key hidden somewhere He finds one in a fake rock and goes in the back door to find valuables he can sell He finds Joe s Ipod and takes it What crime or crimes is Frank guilty of 1 Burglary 2 Larceny 3 Robbery 4 All of the above 5 1 and 2 only 6 Frank is extremely intoxicated when he comes home from the bar Saturday night He mistakes his neighbor s house for his own and breaks open the door in order to get in and go to sleep Once inside Frank immediately realizes this is not his house and leaves If Frank is later charged with burglary what will be the likely result 1 Guilty because he broke into a building 2 Innocent he was under duress because he wanted to go to sleep 3 Innocent his neighbors consented by allowing him in the house earlier that day 4 innocent he lacked the required intent 5 Guilty intoxication is never a defense to a crime 7 Frank files a complaint against Billy Joe for wrecking his car in a District Court in Missouri For this problem assume that the court has proper jurisdiction Frank then loses at the trial level If Frank immediately appeals to the next highest level which court has he appealed too 1 Circuit Court of the County 2 The Missouri Court of Appeals 3 Associate Division of the Circuit Court 4 The Circuit Court of Appeals 5 The Missouri Supreme Court 8 Dexter Morgan is a serial killer who targets bad people like child molesters One day after tracking arch nemesis Quatro Dexter sees him about to Rita in a public park Dexter grabs a large rock and throws it at Quatro s face Quatro ducks and the potted plant hits Rita in the back of the head she found out what happened after the incident Quatro runs off What is Dexter liable for 1 Battery only as to Rita 2 Assault only as to Quatro 3 Assault and battery on both Quatro and Rita 4 1 and 2 5 None of the above he had the privilege to take these actions 9 Danny Jules go to dinner at TGI Fridays after receiving a gift card for the restaurant The food is awful Danny s Steak Lobster was more like a Salisbury steak and shrimp and Jules Rum Coke was just Coke They decide to leave before the check comes and this is viewed as similar to shoplifting if there is no payment The manager is unaware that they left the gift card on the table As they reach the parking lot the manager confronts them and gets them to go back into the restaurant back room He locks them in the room for 4 hours and then calls the police who promptly come and question the two diners Danny and Jules find their server who says she used the gift card to pay the bill The police release the two at that point If Danny Jules sue TGI Fridays for false imprisonment will they win 1 No there was no intent 2 No TGI Fridays had probable cause to believe a crime was being committed as they were unaware of the gift card at the time of the detention 3 No they used a reasonable manner to detain Danny Jules 4 Yes they detained Danny and Jules for an unreasonable amount of time 5 None of the above 10 Bobby is charged with a crime and a date for trial is set What is the process for his attorney and the prosecutor to gather information in preparation for trial 1 Discovery 2 Discretion 3 Information 4 Disclosure 5 None of the above 11 Bob sues Debbie in an alleged breach of contract action for 10 million The issues have become highly complicated over this 10 year contract so the court orders the parties to go through a summary jury trial to attempt to resolve the issue If the jury states that Debbie should only be liable for 100 000 dollars which of the following could Bob do 1 He could appeal the decision to the Circuit Court of Appeals 2 Nothing it is a binding decision by the jury 3 Proceed to trial the jury s decision was not binding 4 Take the …