Legal and Ethical Environment Business Class

Question 1

Assault

options:

punching someone

threatening someone verbally

stalking someone

none of the above

Question 2

Battery

options:

slipping on someone's sidewalk

tripping and accidently hitting someone

verbally threatening someone

none of the above

Question 3

New York Times Malice

options:

evidentiary rule shifting the burden of proof

protection for the news media

only applies to public figures

all of the above

Question 4

If a President is impeached he is:

options:

Removed from office for high crimes and misdomeaners

Charged with a crime by the House of Representatives who can order his removal from office.

Subject to a final decision by the Supreme Court of the United States as to whether or not he will be removed from office

inidicted for a crime and now must be tried by the United States Senate to determine if he is guilty and should be removed from Office.

Question 5

A case may be appealed to the United States Supreme Court

options:

from the Court of Common Pleas of the several states.

from the highest court in each state and each Circuit Court of Appeals

only if it is a case of high political import to the good of the nation

only with prior approval of the Justice Department

Question 6

A nun breakes into your house and steals your dvd player and all of your non-G rated movies. You hear her leaving the house and you shout "stop thief". She runs out of your house into your lawn without looking back. You may

options:

shoot her with your 44 Magnum since she was in your house

tackle her and beat her to an unrecognizable condition

order your killer toy poodle to attack her by bitting her jugglar vein

use non-deadly force to protect your property, which could include using force to recover your property.

None of the above

Question 7

If a professional football player is tackled so hard that he suffers a broken leg that ends his career he can

options:

Sue the person who committed battery on him for the 48 million a year he would have recieved had he not been injured

not sue anyone for anything since he consented to being tackled by walking out onto the field

sue the tackling player for assault

sue the Cleveland Brown fans who cheered at his injuries for intentional infliction of emotional distress

Question 8

In our legal system there are four sources of law. Match each source with what entity creates that type of law.

options:

Regulations            1. The Courts

Constitution           2. Congress

Common law          3. Beaureaucrats

Statutes               4. The document entitled the Constitution as interpreted by the Courts

Question 9

The Constitution is interpreted by the Courts because:

options:

The Constitution gives the courts that power under Article III

Because the Supreme Court said so in Marbury v Madison

because it is the tradition of English law that the colonists brought here

because Congress gave the Courts that power through the Judiciary Act of 1789

Question 10

Comparative Negligence

options:

comparing different case results to determine appropriate damages

comparing one s actions to that of another

a defense to negligence

all of the above

Question 11

Negligence Per Se

options:

automatically negligent as a result of the action

statute providing the duty of care

case law providing the duty of care

all of the above

Question 12

Mark is out sailing in his boat one evening when he hears a young girl crying for help in the middle of the river. Which of the following is true?

options:

Mark MUST help the girl or he will be liable for negligence

Mark must help the girl ONLY if he knows her

Mark MUST help the girl if he is the girl's neighbor

Mark MUST help the girl if he begins to rescue her.

Question 13

If a statute is found to be applicable to a fact situation, then the courts will hold that an unexcused violation of that statute which causes injury to another is _____________.

options:

Strict Liability

Res Ipsa Loquitur

Negligence Per Se

Assumption of the Risk

Question 14

Invitee

options:

someone invited to your house

you being invited to someone?s house

you going to a place of business

none of the above

Question 15

resipsa loquitur

options:

a rule of evidence shifting the burden of proof

) a way of making the defendant present the facts

only happens if the plaintiff did not contribute to the injury

all of the above

Question 16

You have achieved your well deserved MBA and you find a new job as the director of marketing for a nation wide lawn service company.

Your company provides quality service at a reasonable price. In June of last year a number of negative posts concerning your company appeared on Angie's List. The posts were incorrect and obviously fictional. However, the posts were believed by consumers and your profits dropped by 7% as a result.

What, if anything, can you legally do about this situation?

Question 17

You are the district manager of a chain of clothing stores named Marlin's Ladies Apparel. Sarah Baines goes to one of your stores. The store happens to be in the process of remodling and there is a lot of clutter in the aisle. Sarah trips over the clutter and is injured. Is Marlin's Ladies Apparel legally liable? If so under what theory?