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BUSA 310: Final Exam
The standard of proof in a product or premises liability case is by a preponderance of the evidence
a. True
b. False
|
A (True)
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Civil trial juries have to reach a unanimous verdict for the plaintiffs to win.
a. True
b. False
|
A (True)
|
Statute of limitations is a defense to:
a. Product case
b. Toxic tort case
c. Neither
d. Both
|
D (Both)
|
Any substance may be toxic at a high enough dose
a. True
b. False
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A (True)
|
A premises owner may have a duty to warn trespassers of:
a. Open defects
b. Latent defects
c. Both A&B
d. None of the above
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B (Latent defects)
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The only way to change an EPA regulation if the agency fails to modify it is:
a. Lawsuit
b. Legislation
c. None of the above
d. A&B
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D (A&B)
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A threshold limit value is supposed to:
a. Prevent over exposure to airborne substances
b. Prevent minimal exposure
c. Prevent lung injuries
d. A&C
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D (A&C)
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A product can be purposefully safe but yet defective due to an insufficient warning.
a. True
b. False
|
A (True)
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Dave is employed by ABC Company at their factory in Morgantown. While at work, he is injured by an outside contractor working for Sam's Plumbing. Who can Dave sue?
a. ABC Company
b. Sam's Plumbing
c. Both
d. Neither
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C (Both)
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I own Smith Silica Mine. The spouse of one of my employees develops silicosis. Can the spouse sue Smith Silica Mine?
a. No
b. Yes, always
c. Yes, if but only if, the household exposure was foreseeable
d. No, but the spouse can file a worker's compensation claim
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C (Yes, if but only if, the household exposure was foreseeable)
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I lend money to Ned's Bar and Grille and take a security interest in Ned's equipment, filing the appropriate paperwork in the proper forum except I file it under the name of Ted's Bar and Grill. Ned's borrows more money using the same collateral as security for the second loan and the proper paperwork is properly filed. If Ned's goes broke, which lien is valid?
a. Mine, because I'm first to file
b. Mine, because the name was an obvious clerical error
c. The second lender because I filed under the wrong name
d. None of the above
|
C (The second lender because I filed under the wrong name)
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Which of the following are causes of action by a plaintiff in a defective products case?
a. Negligence
b. Strict liability
c. Misuse of product
d. A&B
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D (A&B)
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As an employer, I have to make sure my premises are always 90% safe at all times.
a. True
b. False
|
B (False)
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Bob's Sprockets has been manufacturing high grade sprockets since 1973. One day, Tim is injured at Bob's manufacturing facilities when one of Bob's sprockets fails when he is doing contract work. Tim can sue Bob for his injuries for which of the following:
a. Product defect
b. Unsafe workplace
c. Dual capacity
d. All of the above
|
C (Dual capacity)
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Shawn is driving a forklift truck at his place of employment Shawn is going way too fast down a slick hill and crashes, injuring himself. Under the theory of comparative fault, the jury must decide:
a. If Shawn has been damaged
b. What percent of fault to assign to Shawn for driving too fast
c. What percent of fault to assign to the employer for not correcting the slick conditions
d. All of the above
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D (All of the above)
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Perfection is the legal process which secures parties and protects their interests against 3rd party claims.
a. True
b. False
|
A (True)
|
Purchase Money Security (PMS) Interests are interests the department store obtained from items generally bought for personal use. They include which of the following:
a. Washer
b. Television
c. Automobile
d. A&B
|
D (A&B)
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Security interests are good for five years unless:
a. Renewed within six months of expiration
b. The collateral is foreclosed on
c. No matter what you do
d. A&C
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A (Renewed within six months of expiration)
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Bankruptcy is controlled by the Federal Bankruptcy Courts and state law does not have any application
a. True
b. False
|
B (False)
|
A goal of bankruptcy is to:
a. Punish the debtor for being financially irresponsible
b. Make sure all creditors get paid 100% of their money owed to them
c. Give debtors a fresh start financially
d. A&B
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C (Give the debtors a fresh start financially)
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A debtor has to be completely insolvent to file for bankruptcy:
a. True
b. False
|
B (False)
|
In order to file for Chapter 7 Liquidation, a debtor has to go through credit counseling:
a. True
b. False
|
A (True)
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Any creditors paid within 90 days of the filing of the petition for bankruptcy may have to forfeit the money they were paid if the bankruptcy trustee finds they have been given preferential treatment:
a. True
b. False
|
A (True)
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A debtor can discharge in bankruptcy which debt:
a. Student loans
b. Child support
c. Federal tax
d. Car loan
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D (Car Loan)
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Creditors may force a debtor into voluntary bankruptcy:
a. True
b. False
|
A (True)
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Prior to OSHA, most states enforced workplace safety and had little problem with employer compliance:
a. True
b. False
|
B (False)
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A defense to a product claim under the theory of strict liability is "state of the art", simply put, plaintiffs can introduce evidence that postdates sale of the product to prove product defect.
a. True
b. False
|
B (False)
|
The Environmental Protection Agency consists of members of the Congress elected by their peers to enact regulations to protect the environment
a. True
b. False
|
B (False)
|
The EPA can pass regulations which manage which of the following:
a. Streams
b. Air quality
c. Wildlife preservation
d. A&B
|
D (A&B)
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Brillo employs Steve who is hurt while he is hunting on Brillo's property. Steve can file a worker's comp claim:
a. True
b. False
|
B (False)
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As owner of a premises, I have a greater duty to warn a contractor than an employee
a. True
b. False
c. Depends
|
C (Depends)
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Once the bankruptcy court enters the order of automatic stay, I can continue to try to collect any debt owed to me by the debtor.
a. True
b. False
|
B (False)
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Once I file for bankruptcy, I can continue to make payment and keep my car if I:
a. Reaffirm the debt
b. Get a new loan
c. Exempt the car as private property on the part of the property allowed under state law on the scheduled exemptions
d. A&C
|
D (A&C)
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Smith's sold Dave a car for $40K. Dave borrowed $35K to buy the new car from Smith's because he had $5K in equity in his trade-in. If Dave defaults on this loan, the bank can:
a. Accept the car as full satisfaction of the loan
b. Sell the car and keep all of the proceeds
c. Has to pay the difference on what the car is worth versus what is owed by Dave
d. A&C
|
D (A&C)
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I am watching the news and see a story about John Smith whose doctors say will not live beyond the end of the year. I know John Smith and figure while I will be sad about John's demise, this might be the perfect way for me to get over on my bills. I call Northwest Mutual Life and attempt to take out a million dollar policy on John's life. The company will:
a. Issue the policy and it will be valid if John lives at least 45 days
b. Issue the policy if I pay an executive surcharge equal to 10% of the policy
c. Reject this policy because all the money will be paid to me
d. Reject the policy because I have no insurable interest in John
|
D (Reject the policy because I have no insurable interest in John)
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Sam buys life insurance. On his application, he states he has no pre-existing health conditions. Unbeknownst to Sam, he has a terminal brain tumor. The policy will be:
a. Enforceable
b. Unenforceable because the insurance company couldn't properly evaluate the risk
c. Unenforceable because most states allow an unknown pre-existing condition to be used to terminate a policy
d. B&C
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A (Enforcable)
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