Business law crn 51884 week 3 assignment quiz 2015

Assignment:
Week 3
1.

 
The test used to establish one’s mental state when insanity is claimed is the same regardless of the jurisdiction involved.
 
True
 
False

2.
award:
2 out of
2.00 points
 
 
Ed goes door-to-door selling magazine subscriptions. Ed knows, however, that he is simply taking money for subscriptions and has absolutely no intention of ever arranging for the provision of magazines. Which of the following offenses, if any, has he committed?
 
Ponzi scheme
 
False token
 
Defalcation
 
False entry
 
False pretenses

3.
award:
2 out of
2.00 points
 
 
Which of the following occurs when someone unlawfully enters a building with the intent to commit a felony?
 
Burglary
 
Criminal fraud
 
Arson
 
Robbery
 
Larceny
4.
award:
2 out of
2.00 points
 
 
Ordinarily, to obtain an arrest warrant, a law enforcement agent must demonstrate that there is ________ that a suspect committed or is planning to commit a crime.
 
Suspected cause
 
Probable cause
 
Likely cause
 
Certainty
 
Information

4.
award:
2 out of
2.00 points
 
 
Ordinarily, to obtain an arrest warrant, a law enforcement agent must demonstrate that there is ________ that a suspect committed or is planning to commit a crime.
 
Suspected cause
 
Probable cause
 
Likely cause
 
Certainty
 
Information

5.
award:
2 out of
2.00 points
 
 
Which of the following is true regarding an arrest without a warrant?
 
A law enforcement agent can arrest a suspect without a warrant only if a felony is involved.
 
A law enforcement officer can arrest a suspect without a warrant only if a violent crime is involved.
 
A law enforcement officer may not arrest a suspect without a warrant even if the officer believes there is probable cause but insufficient time to obtain a warrant.
 
A law enforcement officer can arrest a suspect without a warrant only if the suspect is a repeat offender.
 
A law enforcement agent can arrest a suspect without a warrant if the officer believes there is probable cause but not enough time to obtain a warrant.

6.
award:
2 out of
2.00 points
 
 
Strict liability is a term used to describe which of the following?
 
Actus reus.
 
Intentional wrongdoing.
 
Recklessness.
 
Liability without fault.
 
Negligence.

7.
award:
2 out of
2.00 points
 
 
Which of the following refers to the extent to which, as a matter of policy, a defendant may be held liable for the consequences of his actions?
 
Legal cause.
 
Proximate cause.
 
Cause in fact.
 
Significant cause.
 
Actual cause.

8.
award:
2 out of
2.00 points
 
 
Which of the following is a condition required for the imposition of strict liability?
 
The activity is heavily regulated.
 
The activity is so inherently dangerous that it cannot ever be safely undertaken.
 
The activity involves trespassing in a way that reasonably leads to fright on the part of home owners.
 
The activity involves negligence pertaining to the preparation of food products.
 
The activity is undertaken by a minor.

9.
award:
2 out of
2.00 points
 
 
_________ torts occur when the defendant takes an action intending certain consequences will result or knowing certain consequences are likely to result.
 
Intentional
 
Strict-liability
 
Liability
 
Negligent
 
Criminal

10.
award:
2 out of
2.00 points
 
 
_______________ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff.
 
Nominal
 
Punitive
 
Revenge
 
Retaliatory
 
Compensatory

11.
award:
2 out of
2.00 points
 
 
Robby calls Bobby on the telephone and threatened to come over and break his nose. Which of the following is true?
 
Robby’s conduct does not constitute an assault because there is no question of immediate bodily harm.
 
Robby’s conduct constitutes both a battery and an assault.
 
Robby’s conduct constitutes a battery.
 
Robby’s conduct does not constitute an assault because there was no physical contact.
 
Robby’s conduct constitutes an assault.

12.
award:
2 out of
2.00 points
 
 
Embezzlement is distinguished from larceny because in embezzlement the individual does not take the property from another and is already in possession of the property.
 
True
 
False

13.
award:
2 out of
2.00 points
 
 
Which of the following are minor offenses usually punishable by a jail sentence of less than six months or a small fine with an example being violation of a building code?
 
Insignificant offenses.
 
Tort offenses.
 
Felonies.
 
Any business related crime.
 
Petty offenses.

14.
award:
2 out of
2.00 points
 
 
Which of the following gives immunity to providers of interactive computer services for liability they might otherwise incur on account of material disseminated by them but created by others?
 
The Interactive Computer Services Protection Act of 2004.
 
The Communications Decency Act of 1996.
 
The Blog Protection Act of 2001.
 
The Internet Communications Act of 2000.
 
The Internet Communications Protection Act of 1998.

15.
award:
2 out of
2.00 points
 
 
Which of the following are elements of causation?
 
Actual cause and significant cause.
 
Actual cause and clear cause.
 
Proximate cause and real cause.
 
Actual cause and proximate cause.
 
Proximate cause and significant cause.

16.
award:
2 out of
2.00 points
 
 
Under which of the following does the court determine the percentage of fault of the defendant requiring that the defendant be more than 50% at fault before the plaintiff can recover?
 
Both modified comparative negligence and last-clear-chance.
 
Last-clear-chance.
 
Pure comparative negligence.
 
Modified comparative negligence.
 
Assumption of the risk.

17.
award:
2 out of
2.00 points
 
 
Strict liability is liability without fault.
 
True
 
False

18.
award:
2 out of
2.00 points
 
 
Which of the following includes destruction of a building using an explosive device?
 
Embezzlement
 
Criminal fraud
 
Larceny
 
Extortion
 
Arson

19.
award:
2 out of
2.00 points
 
 
Which of the following is a doctrine available to defendants whereby a defendant may avoid liability by establishing that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm that the defendant caused?
 
Res ipsa loquitur.
 
Assumption of the risk doctrine.
 
Last-clear-chance doctrine.
 
Negligence per se.
 
Contributory negligence doctrine.

20.
award:
2 out of
2.00 points
 
 
Tina negligently hits student Susie with her car. Which of the following is true?
 
Tina has a duty to come to the aid of Susie only if no one else is willing to do so.
 
Tina has no duty to come to the aid of Susie.
 
Tina has a duty to come to the aid of Susie only if police are not on the scene within a reasonable amount of time.
 
Tina has a duty to come to the aid of Susie only if Susie has no insurance.
 
Tina has a duty to come to the aid of Susie because she negligently hit her.

21.
award:
2 out of
2.00 points
 
 
Which of the following is punishable by imprisonment for more than one year or death?
 
Petty offenses.
 
Tort offenses.
 
Misdemeanor.
 
Any business related crime.
 
Felony.

22.
award:
2 out of
2.00 points
 
 
Which of the following occurs when an individual is confined or restrained against his or her will for an appreciable period of time?
 
Forcible detention.
 
False detention.
 
Contained detention.
 
Qualified imprisonment.
 
False imprisonment.

23.
award:
2 out of
2.00 points
 
 
Which of the following was the result in U.S. v. Ruiz, the case in the text involving the defending deputy superintendent of New Mexico’s insurance division who was convicted of offenses including mail fraud after he told insurers that they could avoid paying the fines for violation of licensing requirements if they contributed to certain charities?
 
That although the defendant violated certain laws, he did not violate the mail fraud statute because he did not himself mail fraudulent solicitations which is required for the offense of mail fraud.
 
That proof that the defendant directed that donations be made directly to charities established the reasonably foreseeable result that the mail would be used which was sufficient evidence to support his conviction.
 
That because the defendant used the mail to provide the illegal option to insurers, that in and of itself was sufficient to establish mail fraud.
 
That although the defendant used the mail to provide the illegal option to insurers, that in and of itself was insufficient to establish mail fraud.
 
That proof that the defendant directed that donations be made directly to charities established the reasonably foreseeable result that the mail would be used but that such foreseeability was insufficient to support his conviction.

24.
award:
2 out of
2.00 points
 
 
Which of the following occurs when a plaintiff expressly agrees, usually in a written contract, to assume the risk posed by the defendant’s behavior?
 
Express assumption of the risk.
 
Implied assumption of the risk.
 
Assumption by incident.
 
Implied assumption of the last-clear-chance doctrine.
 
Express assumption of the last-clear-chance doctrine.

25.
award:
2 out of
2.00 points
 
 
When a[n] _______________ privilege exists, one cannot be sued for defamation for any false statements made, regardless of intent or knowledge of the falsity of the claim.
 
Complex
 
Defamation
 
Simple
 
Absolute
 
Compounded

26.
award:
2 out of
2.00 points
 
 
Under the common law, a corporation could not be considered a criminal because it was not an actual person and, thus, did not have a mind.
 
True
 
False

27.
award:
2 out of
2.00 points
 
 
Which of the following was passed largely in response to business scandals of the early 2000’s, such as those implicated by Enron, WorldCom, Global Crossing, and Arthur Anderson?
 
The False Claims Act.
 
RICO.
 
The Medicare Recovery Act.
 
The Healthcare Fraud Act.
 
The Sarbanes-Oxley Act.

28.
award:
2 out of
2.00 points
 
 
Which of the following is a tort?
 
A civil or criminal action in state court or federal court.
 
A civil or criminal action in state court.
 
A breach of contract.
 
A wrong or injury to another, including a breach of contract.
 
A wrong or injury to another, other than a breach of contract.

29.
award:
2 out of
2.00 points
 
 
Which of the following occurs when a defendant makes a first appearance?
 
A magistrate determines whether the defendant was properly arraigned but not whether the defendant was properly booked.
 
A magistrate determines whether there was probable cause for the arrest.
 
A magistrate determines whether the defendant was properly booked and also whether the defendant was properly arraigned.
 
A magistrate determines whether there was proof beyond a reasonable doubt for the arrest.
 
A magistrate determines whether the defendant was properly booked but not whether the defendant was properly arraigned.

30.
award:
2 out of
2.00 points
 
 
Under our criminal laws that exist today, white-collar crime is not punishable by imprisonment.
 
True
 
False

31.
award:
2 out of
2.00 points
 
 
Which of the following is an investment swindle in which high profits are promised from fictitious sources and early investors are paid off with funds raised from later investors?
 
False token
 
False pretenses
 
False entries
 
Pretexting
 
Ponzi scheme

32.
award:
2 out of
2.00 points
 
 
What was the result in the case of U.S. v. Park, the case in which the defendant, the president of a national food-chain corporation, claimed he should not be held liable for allowing food in a warehouse to be exposed to rodent contamination because he had delegated responsibility to subordinates?
 
The court refused to dismiss claims against him because of insufficient proof of delegation.
 
The court refused to dismiss claims against him because the offense was a strict liability offense.
 
The court dismissed all claims against him because of insufficient proof of negligence.
 
The court dismissed all claims against him because of insufficient proof that he had actively allowed contamination.
 
The court refused to dismiss claims against him because of proof that he had responsibility and authority to prevent the contamination or to correct it and failed to do so.
33.
award:
2 out of
2.00 points
 
 
Which of the following is defamation of a business product or service?
 
Abuse of title.
 
Derogation.
 
Disparagement.
 
Conversion.
 
Interference with a contract.

34.
award:
2 out of
2.00 points
 
 
Which of the following are defenses to an action for libel brought by a public figure in the United Kingdom regarding a statement made in the United Kingdom?
 
Only that the statements were made in court.
 
That the statements were made in Parliament or court.
 
That the statements were true, that the statements were made in Parliament, or that the statements were made in court.
 
Only that the statements were true.
 
Only that the statements were made in Parliament.

35.
award:
2 out of
2.00 points
 
 
Which of the following is a person who illegally accesses or enters another person’s or a company’s computer system to obtain information or to steal money?
 
Illicit user
 
Backer
 
Reacher
 
Trespasser
 
Hacker

36.
award:
2 out of
2.00 points
 
 
Which of the following is generally true regarding a storekeeper who detains a suspected shoplifter?
 
There is no special rule for shopkeepers. Shopkeepers commit the tort of false imprisonment if they detain anyone even if that person is suspected of shoplifting. Instead, the police should be called.
 
Whenever a retailer has a reason to believe that a person is guilty of shoplifting, the store may detain the person for any length of time but may not ask any questions prior to the arrival of the police.
 
When a retailer has a reason to believe that a person is guilty of shoplifting, the store may question the person about said shoplifting in a reasonable manner and for a reasonable length of time.
 
The shopkeeper may detain a shoplifter but for no longer than 20 minutes because by law it is assumed that it should take no longer than that amount of time for law enforcement officers to arrive.
 
The shopkeeper may detain the shoplifter only for a reasonable length of time but may not ask any questions prior to the arrival of the police.

37.
award:
2 out of
2.00 points
 
 
In most states, proximate cause is determined by _______.
 
Actual cause
 
Strict liability
 
But-for causation
 
Common law
 
Foreseeability

38.
award:
2 out of
2.00 points
 
 
Simply offering a better deal is not enough to create liability for intentional interference with contract when only a prospective contract exists.
 
True
 
False

39.
award:
2 out of
2.00 points
 
 
________ torts occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes.
 
Negligent
 
Intentional
 
Criminal
 
Liability
 
Strict-liability

40.
award:
2 out of
2.00 points
 
 
The ________ standard is a measurement of the way members of society expect an individual to act in a given situation.
 
Without error
 
Reasonable person
 
Above-average person
 
Perfect accountability
 
Reasonable accountability

41.
award:
2 out of
2.00 points
 
 
A defendant who argues that commission of a crime was necessary to prevent a more severe crime from occurring is relying upon the defense of _______.
 
Entrapment
 
Inescapable action
 
Justifiable use of force
 
Duress
 
Necessity

42.
award:
2 out of
2.00 points
 
 
Which of the following are considered infants under the law in regards to criminal activity?
 
Any child five and under.
 
Any child sixteen and under.
 
Any child twelve and under.
 
Any person under the age of majority.
 
Any child ten and under.

43.
award:
2 out of
2.00 points
 
 
When would a defendant use the doctrine of res ipsa loquitur?
 
To allow the judge and jury to presume the plaintiff is guilty of contributory negligence.
 
To allow the judge and jury to infer that more likely than not, the defendant’s negligence was the cause of the plaintiff’s harm, even though no direct evidence of the defendant’s lack of due care existed.
 
To allow the judge to hold the defendant liable under a strict liability theory.
 
To allow the judge and jury to presume the plaintiff destroyed evidence.
 
To allow the judge and jury to infer that more likely than not, the defendant’s negligence was not the cause of the plaintiff’s harm.

44.
award:
2 out of
2.00 points
 
 
In which of the following involves tricking consumers into changing their phone service to another carrier without their consent?
 
Fraudulent adding
 
Slamming
 
Cramming
 
Fraudulent transfer
 
Stuffing

45.
award:
2 out of
2.00 points
 
 
A defendant can use the _____ defense if the idea for a crime originated not with the defendant but with a police officer or other government official who suggested it to the defendant, and the defendant would not otherwise have committed the crime.
 
Inescapable action
 
Entrapment
 
Justifiable use of force
 
Necessity
 
Duress

46.
award:
2 out of
2.00 points
 
 
The primary type of damages in tort law is referred to as _____.
 
Compensatory damages
 
Accrual damages
 
Punitive damages
 
Nominal damages
 
Perspective damages

47.
award:
2 out of
2.00 points
 
 
At trial a defense lawyer states that evidence should not be admitted because it is “fruit of the poisonous tree.” Upon which of the following is the attorney relying?
 
The Eve Rule.
 
The exclusionary rule.
 
The Adam Rule.
 
The Fourth Amendment Rule.
 
The Eden Rule.

48.
award:
2 out of
2.00 points
 
 
Which of the following is true regarding the manner in which the exclusionary rule is derived from the U.S. Constitution?
 
It is specifically set forth in the Fourth Amendment.
 
It is specifically set forth in the Sixth Amendment.
 
No section of the U.S. Constitution specifically states the provisions of the exclusionary rule.
 
It is specifically set forth in the Fifth Amendment.
 
It is specifically set forth in the Eighth Amendment.

49.
award:
2 out of
2.00 points
 
 
Which of the following is true regarding the Fourteenth Amendment?
 
It is part of the Bill of Rights.
  
It is not a part of the Bill of Rights and it extends federal guarantee of due process and most constitutional protections to all states.
 
It is a part of the Bill of Rights, its protections apply at the federal level, and its protections also apply at the state level.
 
Its safeguards only apply at the federal level.
 
It is a part of the Bill of Rights, and its protections apply only at the federal level.

50.
award:
2 out of
2.00 points
 
 
The use of moral pressure is insufficient to establish false imprisonment.
  
True
 
False