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BUSA 310: Exam 1
Mulcare Corp. started a compliance program to prevent and detect criminal conduct within the company and had specific, high-level officers in charge of overseeing the program. The company effectively communicated the program to its employees and monitored those employees who were in a position to cheat. It promptly disciplined anyone who broke the law. One effect of having this program is:
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federal investigators might be convinced to limit any prosecution to those directly involved rather than attempting to get a conviction against high-ranking officers or against the company itself.
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Roxanne was injured when she fell in a hole while walking across her landlord's parking lot. She and her lawyer hope they can settle the claim. Which of the following statements about settlements is correct?
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d. A case can be settled at any time.
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Punitive damages are awarded:
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punish the defendant for conduct that is extreme or outrageous
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If in 1900 the Minnesota Supreme Court ruled that a minor can void a contract at any time during minority and in 2008 the courts in Minnesota still follow this ruling, this is an example of:
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stare decisis
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llegally obtained evidence is not permitted to be used at a criminal trial based upon the:
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...
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Advantages of Alternative Dispute Resolution (ADR) include:
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d. All of the above are advantages of ADR.
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Annette drove through an intersection without looking and hit Vincent's car that he had driven into the intersection without obeying a stop sign. Annette sued Vincent. The jury found that Annette's fault contributed 20 percent to the collision and determined that her total loss was $100,000. Under comparative negligence, the jury should award Annette:
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c. $80,000
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In a civil case, the plaintiff must prove the case:
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...
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If there is a conflict between a state and federal law, generally the federal law will prevail because of the:
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supremacy clause
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Sarah, an employee of Amex Corporation, committed a serious criminal act in an attempt to obtain a large sales order for her employer. A court found her guilty of the felony and also found the corporation guilty of criminal conduct. The company was fined $1 million. The court:
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...
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In a negligence case, the plaintiff must establish:
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duty of due care, breach, causation, forseeable harm, and injury
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A civil case generally proceeds as follows:
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complaint, answer, discovery, trial, verdict
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A plaintiff sues in negligence but has no direct proof that the defendant behaved unreasonably. Which of the following is most likely to help the plaintiff?
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c. Res ipsa loquitur.
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A misdemeanor is distinguished from a felony based upon:
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the length and place of possible imprisonment
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Don runs a construction company. He hires people to work on his projects and tells them they are all "independent contractors." Legally, they are not independent contractors since Don tells the workers when to come to work, how long to work, what days to work, what they are to do each day, and so forth. At the end of each week, Don pays his workers in cash rather than with a check. Also, he does not withhold any state, federal or local withholding tax (since he claims the workers are independent contractors). Which statement is correct?
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Don has committed both unethical and illegal conduct.
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More Americans law comes from which country?
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...
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Generally, constitutional protections do NOT apply to:
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acts of privately owned businesses
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Ikerd was entering the United States from a trip abroad when the Customs Service confiscated some goods she had purchased and brought back with her. The determination of whether the government is attempting to take property and what type of hearing the Customs Service must offer Ikerd, is an analysis of:
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procedural due process.
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Johnny is hit by a car and thrown into the ditch breaking his leg. when this happens it scares Jim's cat who runs away tripping Mrs. Afton. what kind of cause is Mrs. Afton's fall.
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...
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Federal jurisdiction based upon a "federal question" includes cases based on:
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...
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After answering a summons and complaint, Mike received a set of written questions from the plaintiff's attorney. He was directed to respond to the questions in writing under oath. This discovery technique is called:
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interrogatories.
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Barden Corporation was convicted of violating federal RICO laws. Accordingly:
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the government may file criminal charges against both the company and the individuals associated with the criminal acts. the government may file a civil lawsuit against the company to obtain injunctions and other relief. individuals may file civil lawsuits against the company for violating the RICO statute to recover losses sustained by the criminal act.
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Randi, a resident of Oregon, was involved in a auto accident while in Idaho. The other party lives in Wyoming. Randi wishes to recover the $28,000 cost to repair her car. The most appropriate court for her to file her lawsuit is in a:
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state court in Idaho.
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Kyle was eating clam chowder soup in a restaurant when a very small piece of bone lodged in his throat. Fortunately, he was able to remove the bone with his fingers. However, he was upset by the incident and sued the restaurant for negligence. The most likely result would be:
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a. Kyle will not collect any damages since he did not sustain any damages.
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One morning, Miles placed a thumbtack on the chair of the office manager where he worked. He had no quarrel with the office manager, but thought this would be funny. Two days after sitting on the tack, the office manager was hospitalized with an infection caused by the tack. Which of the following is correct?
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miles committed an intentional tort
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If the title of an appellate court case appears as Jones v. Smith:
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c. you cannot determine which party is the plaintiff, because when a defendant loses a trial and files an appeal, some courts (but not all) reverse the names of the parties.
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Most new law is created by
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...
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Roberto sued Monica for injuries received in a traffic accident. If Monica does not respond to the complaint and summons served by Roberto within the prescribed time limits, Roberto may obtain a:
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default judgement
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Don was driving his truck when a board fell out of the truck bed and onto the road. Alice, who was driving closely behind Don's truck, tried to avoid the board, swerved and struck a telephone pole, causing her severe injuries. Which of the following is correct?
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b. In a comparative negligence state, the actions of Don and Alice will be weighed to determine liability.
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Joseph got caught at State U with some marijuana. It is not legal in his state. What insures he gets a fair hearing.
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...
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Assume that in December 2006, the Environmental Protection Agency (EPA) filed an administrative complaint against Marlin Firearms Co. alleging that the company exceeded chromium emissions limits. The EPA proposed a $257,162 fine. Which statement is correct concerning the administrative agency adjudication?
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the losing party has a right to appeal
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Holt and Collins decide to have their dispute arbitrated by Corrales. Which of the following will NOT be a result of the arbitration?
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Holt and Collins retain the right to a class action
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Important steps in the criminal process, in the proper order, include:
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...
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Denzil was one of 50,000 people defrauded of $40 in an advertising scam. His best course of action to recover his money is to:
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become part of a class action lawsuit, which might include plaintiffs who are unaware of the lawsuit or are even unaware they were harmed
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Bob, a weak swimmer, ignored warning signs in a recreational swimming area and went into deep water. He soon grew tired and realized that he could not make it back to shore. Seeing Kelly, he cried out for help. Kelly, however, ignored the pleas. Bob was finally saved by Dorothy, but suffered brain damage from being submerged during the ordeal. Bob now sues Kelly for negligence for failing to try to save him. Bob will:
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lose because Kelly had no legal duty to rescue him
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An inmate in a state prison claims his United States constitutional rights prohibiting cruel and unusual punishment are being violated by the state correctional facility. This case:
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is a federal question case over which the federal courts have jurisdiction.
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A customer in a restaurant would be considered ________ to whom the restaurant owner owes a duty ________.
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an invitee; of reasonable care
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Congress enacted legislation in 1933 to regulate the securities industry and prohibit various forms of fraud with securities. The Securities Exchange Act of 1934 was passed a year later. This law created the Securities and Exchange Commission (SEC) as an independent regulatory entity whose function is to administer the two laws. The SEC has generated rules and regulations to administer these acts. These rules and regulations are:
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Administrative law
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Roger assaulted Jim in a tavern, causing medical expenses and lost wages. Which of the following is true?
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Roger can be prosecuted by the state for a criminal offense and Jim may sue him for money damages
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Phillip was waiting for a bus at a bus stop. Across the street and down the block, a mechanic negligently overinflated a tire he was intending to put onto Marsha's pickup truck. The exploding tire injured Marsha and frightened a neighborhood dog, which ran down the street and knocked Phillip down, injuring his knee. Phillip sued the mechanic. In applying the Palsgraf v. Long Island Railroad Co. decision to this case, Phillip would:
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lose, because, although the mechanic's conduct was negligent toward Marsha, it was not a wrong in relations to Philip, who was far away. The mechanic could not have foreseen injury to Philip therefore had no duty to him.
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If an appellate court holds a lower courts decision void it is called:
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...
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Administrative agency rules consist of:
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...
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Curtis filed a lawsuit against Ulhoff for failure to repay $1,000 according to the terms of a promissory note. The trial ended before it began, with the trial judge granting a motion for summary judgment in favor of Curtis. Ulhoff has appealed, and the Supreme Court of Iowa has remanded the case. This means:
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d. We don't know who wins yet because the case is being returned to the trial court for additional steps.
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A United States district court is:
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The primary federal trial court
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Laura, a brain surgeon, committed a negligent act when she ran a red light and injured Randy, a pedestrian crossing the street. Randy was a mentally impaired adult.
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...
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A contractor used dynamite to loosen a rocky hillside. The blast from the dynamite caused a house foundation to crack. The house was located over a half-mile away from the dynamite site. The contractor was careful when using the dynamite and no allegation of negligence is made. However, the house owner claims the contractor is liable for damage to the foundation. Is the house owner correct? Explain.
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...
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