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Mizzou MANGMT 3540 - Exam One Sample #1

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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. Mistake2. Duress3. Consent4. Entrapment5. Entrapment and Duress2. 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 woman3. Comparative negligence of the old woman4. 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 counsel2. The right to challenge the basis for incarceration3. The right to reading of charges against you4. Pressing charges5. Criminal intent4. 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. Negligence2. Assault & Battery3. Battery4. All Three5. None of the above5. 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. Burglary2. Larceny3. Robbery4. All of the above5. 1 and 2 only6. 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 building2. Innocent, he was under duress because he wanted to go to sleep3. Innocent, his neighbors consented by allowing him in the house earlier that day4. innocent, he lacked the required intent5. Guilty, intoxication is never a defense to a crime7. 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 County2. The Missouri Court of Appeals3. Associate Division of the Circuit Court4. The Circuit Court of Appeals5. The Missouri Supreme Court8. 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 Rita2. Assault only as to Quatro3. Assault and battery on both Quatro and Rita4. 1 and 25. 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 time5. None of the above10. 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. Discovery2. Discretion3. Information4. Disclosure5. 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 $100,000 dollars because Debbie is obligated to pay the amount specified by the jury.5. 2 & 412. Bo Pelini is the Nebraska football coach, and he is known for his intensity on the sidelines and for his goofy facial expressions. The Maneater takes a picture of Pelini making a weird face on the sidelines while yelling at his players. The next week The Maneater prints the picture under a headline reading: “Study Says Drug Use Is Popular With Football Coaches (Particularly In Nebraska.)” Pelini is outraged, what kind of Invasion of Privacy tort can he sue for?1. Intentional Infliction Of Emotional Distress2. Defamation3.


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