Business Law, Spring 2005

Business Law, Spring 2005 Professor Steven L. Isler February 22, 2005

Identify the letter of the choice that best completes the statement or answers the question.

1. To be classified as a tort, a wrongful act

[A] may be a result of carelessness. [B] must result in injury to a person or a person’s property. [C] may be deliberate. [D] any of these.

2. In which of the following situations does a battery occur?

[A] Biggs is hit in the head by a wild pitch and seriously injured while batting in a hardball game. [B] O’Grady is injured by a punch in the nose received by a boxing opponent during a boxing match. [C] Johnson is tackled during a college football game he is playing in and suffers an injury to his back. [D] Williams is deliberately tripped and seriously injured by an unfriendly movie patron trying to get ahead of Williams in the ticket line.

3. Merchants are very cautious about accusing and holding people for shoplifting because they may be sued for

[A] battery. [B] negligence. [C] assault. [D] false imprisonment.

4. One way for a retail merchant to avoid liability in a false arrest suit by a customer suspected of shoplifting is to prove that

[A] the store manager was new. [B] the customer really didn’t shoplift. [C] the customer consented to being detained. [D] no security guard was on duty.

5. By orally repeating a rumor that he knew to be false, Ralston caused injury to Hicks’ reputation. Ralston was guilty of

[A] fraud. [B] trespass. [C] libel. [D] slander.

6. For several weeks Bates used his noisy power lawn mower every Sunday morning at sunrise. Several neighbors asked him to mow his lawn at another time; Bates refused. The best legal course of action for the neighbors to take to stop this nuisance would be to

[A] present a signed petition to the mayor of the city. [B] seek a court injunction against the continuation of the act. [C] sue Bates for money damages. [D] swear out a warrant for Bates’ arrest.

7. An example of a tort that is not intentional is

[A] negligence. [B] infliction of mental distress. [C] fraud. [D] wrongful death.

8. The first papers served in a civil action are

[A] a summons and answer. [B] the complaint and summons. [C] a deposition and subpoena. [D] a complaint and answer.

9. The order in which the events of a civil trial occur is

[A] pretrial procedures, summons, judgment. [B] summons, jury selection, verdict. [C] verdict, charge to jury, testimony. [D] complaint, verdict, pretrial procedures.

10. The plaintiff in a civil lawsuit is the

[A] state. [B] person being sued. [C] attorney for the person injured. [D] person injured.

11. A pretrial device used to prevent surprises during the actual trial of a civil case is called [A] a complaint. [B] a notice of appearance. [C] a voir dire. [D] discovery.

12. A prospective juror may be dismissed arbitrarily without any reason being given if an attorney for one of the parties in a lawsuit exercises a

[A] default judgment. [B] peremptory challenge. [C] challenge for cause. [D] move for a mistrial.

13. In a civil case, the plaintiff must establish the truth of his or her claim by

[A] a preponderance of the evidence. [B] asking for a motion to dismiss. [C] direct examination. [D] proving his or her facts beyond a reasonable doubt.

14. The questioning of a witness for the plaintiff by the attorney for the defendant is called

[A] cross-examination. [B] direct examination. [C] redirect examination. [D] indirect examination.

15. The parties who select arbitration as a way to settle their dispute agree to

[A] discovery procedures if the arbitrator cannot reach a decision. [B] be bound by the decision of the arbitrator and not to challenge the award in court. [C] challenge the arbitrator’s award. [D] mediation if either one of the parties is not successful at arbitration.

16. The power of courts to hear and decide a case is known as

[A] accommodation of interests. [B] constitutionality. [C] judicial review. [D] jurisdiction. 17. The role of an appellate court is to

[A] try a case for the first time. [B] review a case that has already been tried in a lower court. [C] select a jury to help decide a case. [D] select attorneys to present a case.

18. Most state court systems include all of the following except

[A] bankruptcy courts. [B] intermediate-level appeals courts. [C] lower-level trial courts. [D] an appellate court of final resort.

19. A federal court has limited jurisdiction in a

[A] constitutional issue. [B] bankruptcy case. [C] murder case. [D] small claims action.

20. The trial courts in the federal court system are called

[A] tax courts [B] U.S. district courts. [C] criminal courts. [D] bankruptcy courts.

21. What are the grounds for trying a case in a federal court?

[A] Bankruptcy and state crimes [B] Federal issues and diversity of citizenship [C] State crimes and diversity of citizenship [D] Only diversity of citizenship cases involving $50,000 or more

22. The amendment to the U.S. Constitution that protects the individual’s right to privacy by prohibiting unreasonable search and seizure by government is the [A] Fifth Amendment. [B] Sixth Amendment. [C] First Amendment. [D] Fourth Amendment.

23. A major reason rules or laws were first established was to

[A] restrict people’s movement in society. [B] provide jobs for people. [C] protect the rights of individuals against acts by others. [D] make it possible for the majority to rule the rest.

24. The first kind of law to come into existence was

[A] statute law. [B] administrative law. [C] constitutional law. [D] common law.

25. Law in the United States is derived from

[A] constitutions, statutes, and ordinances. [B] case law. [C] administrative regulations. [D] all of these.

26. The practice of following precedents in deciding later cases is known as

[A] statute law. [B] equity. [C] moral law. [D] stare decisis.

27. The relief granted in a civil action is

[A] punishment. [B] having a person arrested. [C] bringing an action against society. [D] money damages. 28. Remedies available in a civil action include all of the following except

[A] damages. [B] ordering a person to perform a certain act. [C] a prison term. [D] ordering a person to refrain from certain conduct.

29. It is not within the power of states to regulate

[A] zoning. [B] postal delivery. [C] marriage. [D] traffic control.

30. A police officer’s legal right to conduct a reasonable search of a person who has been arrested is provided for in the

[A] First Amendment. [B] Fourth Amendment. [C] Sixth Amendment. [D] Fifth Amendment.

31. Extra Credit. Who won the Daytona 500?

[A] Shaquille O’Neal. [B] Tony Stewart [C] Jeff Gordon [D] Dale Jarrett [E] Rusty Wallace.

32. During the first class I advised you to review the student forum everyday. In a recent poll question on the forum, I asked “what was the best Superbowl commercial? Which choice won the poll?

[A] GoDaddy.com (the lady in the tank top) [B] Ameriquest (the guy who got the “beat down” in the convenience store. [C] Cadillac Autos (take your mother’s car). [D] Bud Light (the pilot jumps out of the plane after the Bud Light) [E] P Diddy (driving in the Pepsi truck) [1] [D] [2] [D] [3] [D] [4] [C] [5] [D] [6] [B] [7] [A] [8] [B] [9] [B] [10] [D] [11] [D] [12] [B] [13] [A] [14] [A] [15] [B] [16] [D] [17] [B] [18] [A] [19] [B] [20] [B] [21] [B] [22] [D] [23] [C] [24] [D] [25] [D] [26] [D] [27] [D] [28] [C] [29] [B] [30] [B] [31] [C] [32] [C]