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Legal Environment for Business Chp. 3 Quiz

Terms in this set (15)

Scoundrel Sam is in serious trouble. He was arrested and charged under a statute which made it illegal "to speak negatively about a public official while in a public building." Sam claims that he made the statements, but was only trying to let people know "the facts" and didn't want anyone else to be "tricked." Same has hired you to help defend him. Which one of the following would probably be Sam's best defense under the above facts?
Lack of intent
Infancy and intoxication, constitute defenses to the bad act element of criminal conduct.
True
The primary objective of tort law is to provide compensation for injured parties.
True
If a defendant is liable for committing a tort, she can also be criminally prosecuted for that same behavior.
True
The purpose of criminal law is to punish an offender for causing harm to public health, safety, or morals.
True
A battery will always follow an assault.
False
Which of the following are common classifications of torts?
Intentional, negligent, and strict-liability.
Under which of the following situations does the tort of trespass to realty occur?
All of the above.
When a person causes an object to be placed on the land of another without the landowner's permission, when a person stays on the land of another when the owner tells him to depart, and when a person refuses to remove something he placed on the property that the owner of the property asked him remove.
Cat Chaser. Annette, who is angry because her neighbor, William, allows his dog to chase her cat, decides that she wants to get even. She moves a number of farm animals into her backyard and begins playing music at all hours of the night. She also steals a nice lawn chair off William's deck. She intends to keep the chair. Annette further took a rake off William's deck that she plans to return after she finishes raking her leaves. William did not give her permission to take the rake. William is unhappy about the whole situation and wants to sue. What action would William have against Annette for taking the rake?
Private Nuisance
Hair Stylist Woes. Maryann went to see her hair stylist, Candy. Maryann, who had black, curly hair, requested straight, blond hair. Candy told her that she could make that change, but there would be significant upkeep involved. Candy made the change, but Maryann did not do the upkeep required. She also falsely claimed that Candy did not do what Maryann asked her to do, that Candy lied to her, and that Candy was professionally incompetent. Maryann made the statements to friends of hers. She also wrote an editorial in her college newspaper to the effect that Candy's shop should be avoided at all costs because Candy was incompetent. In fact, Candy was a good hair stylist and enjoyed a good reputation up until the time that Maryann started her criticism. Candy threatened to sue Maryann for defamation, but Maryann told Candy that Candy could not prevail because Candy could not prove loss of income. Candy had to admit that while her reputation had been damaged somewhat, the damage was primarily among the college population. Her income kept increasing from other segments of the community, and she had suffered no net loss. Statements made by Maryann to her friends that were defamatory of Candy are what type of defamation?
Slander
Bob, who has a large trust fund, is angry with Alice because she stopped dating him. Alice ran a successful dog grooming shop, and Bob decided to open a dog grooming shop next door solely to run her out of business because he was angry over the break-up. Which of the following is a correct statement regarding Bob's liability, if any, to Alice?
Bob has committed the tort of unfair competition.
Which of the following was passed largely in response to business scandals of the 2000s, such as Enron?
The Sarbanes-Oxley Act of 2002.
Coach Chuck unjustifiably throws a water bottle at Smith intending to strike Smith. However, Chuck misses Smith. Specifically, the bottle whizzes by Smith's head and misses him by about an inch. The bottle then strikes the hat Potter is wearing on his head. The bottle does not make contact with Potter's body. Of course Chuck never wanted to make contact with Potter. Potter, turns his head trying to avoid the bottle and he reasonably finds the whole incident to be highly offensive. Potter sues Chuck for Assault and Battery. Which of the following is most true?
Chuck is liable to Potter for both Battery and Assault
Sam, a new police officer, was criticized by his supervisor for failing to make a sufficient number of arrests. Sam went into a section of town known for criminal activity, picked up several suspicious-looking individuals, read them their Miranda rights, and arrested them hoping that they would confess to something. Alice, one of the detainees, was scared; hoping to cut a deal, she immediately confessed to burglarizing a local pawnshop. Which of the following is Alice's best defense at trial?
That the officer failed to have probable cause to arrest her.
The burden of proof in a civil case is much higher than the burden of proof in a criminal case.
False
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