mgt_102_quiz_2.docx
Q1. Companies that have compliance programs can receive lower punishments for criminal violations than those that do not, for the same action.
a. true
b. false
Q2. Indiscriminate hazardous waste dumping, illegal handling of hazardous substances and international smuggling of CFC refrigerants are all examples of:
a. environmental law violations
b. civil torts
c. civil violations
d. environmental procedure violations
e. green violations
Q3. Police may never search a person or enter property without a warrant.
a. true
b. false
Q4. The theft of valuable business information, such as a trade secret is:
a. embezzlement
b. economic espionage
c. internet fraud
d. insider trading
Q5. Misdemeanors, by definition, may:
a. result in jail time
b. result only in a fine
c. be classified as a Class C felony
d. not involve harm to persons, only to property
Q6. Under the Constitution, any _____________ must be disclosed to the defendant.
a. false evidence
b. important evidence
c. exculpatory evidence
d. illegally collected evidence
Q7. For a criminal conviction, it must be shown that the accused was found to have:
a. actus rea
b. res ipsa loquitor
c. mens rea
d. intentional negligence
e. demurrer
Q8. If someone is very drunk and then, only because of their drunkenness, causes a fatal accident:
a. there can be no crime because there was no willful consent
b. there can be no crime because there was no mens rea
c. there can be no crime because there was no culpable disregard for the rights of others
d. there can be a crime because there was criminal negligence
Q9. Alicia, talking on her cell phone, foolishly runs off the road and over Eduardo's foot. The tort that Eduardo will most likely initiate is:
a. battery
b. assault
c. negligence
d. emotional distress
Q10. There is no assault if:
a. there is no mental harm
b. there is no physical harm
c. there is no fear of harm
d. there is no blood
Q11. The doctrine of ____________________ permits damages to be decreased by the percentage of plaintiffs' injuries caused by plaintiff's negligence.
a. substantial factor
b. proximate cause
c. intentional negligence
d. comparative advantage
Q12. While you are sound asleep, your roommate hits you in the head with a brick. This is most likely to be the tort of:
a. assault
b. battery
c. negligence
d. malicious prosecution
Q13. To be liable for an intentional tort, the defendant must have:
a. acted voluntarily
b. acted unknowingly
c. acted quickly
d. acted in an informed manner
Q14. Express assumption of risk is when:
a. the parties agree beforehand that the defendant will relieve the plaintiff of his or her legal duty towards the defendant
b. the parties agree beforehand that the plaintiff will do everything in his power to protect the defendant from known risks
c. the parties agree beforehand that the defendant is only responsible for unknown risks
d. the parties agree beforehand that the plaintiff will relieve the defendant of his or her legal duty toward the plaintiff
Q15. As a general rule, any defense to an intentional tort is also available in a negligence action.
a. True
b. False
Q16. To have a case in tort, the injury sustained by a person must be:
a. unreasonably sustained
b. the consequence of the wrongdoing of another
c. criminal in nature
d. based on a privity relationship
Q17. The bulk-supplier doctrine holds that the bulk supplier:
a. has a duty to take reasonable steps to insure that its buyer is knowledgeable and equipped to provide warnings to the ultimate users, but it does not have to police the details of what is done as the product continues down the chain of use
b. has no duty to take reasonable steps to insure that its buyer is knowledgeable and equipped to provide warnings to the ultimate users, and it does not have to police the details of what is done as the product continues down the chain of use
c. has a duty to take reasonable steps to insure that its buyer is knowledgeable and equipped to provide warnings to the ultimate users and must police the details of what is done as the product continues down the chain of use
d. is liable for injuries caused by any item sold
Q18. Key element(s) of the tort of intentional interference with contractual relations is (are):
a. a contract between the injured party and the defendant
b. the defendant intentionally interfered with a contract between the injured party and another party
c. malice by the defendant must be shown
d. a warranty of performance in a contract is breached
Q19. Negligence of other parties is irrelevant to the imposition of liability in _____________ cases.
a. megahazardous activity
b. limited liability
c. misrepresentation
d. fraud
Q20. A(n) _____________ warranty is one the law may insert regardless of actual contract terms.
a. implied
b. valid
c. explicit
d. rapid
Q21. The ___________________ is primarily concerned with harms suffered by buyers and other persons who use defective products.
a. law of stock protection
b. law of product liability
c. law of seller liability
d. law of commercial liability
e. law of malpractice liability
Q22. Risk-utility balancing refers to the fact that:
a. some products cannot be made completely safe
b. all products can be made safe if manufacturers are willing to spend enough money
c. some products are inherently dangerous and should be banned from the market
d. consumers will always manage to hurt themselves by improperly using products
e. manufacturers must disclose all risks to using their product before putting it on the market
Q23. When a person suffers an injury due to deliberate deception, there may be a tort of defamation.
a. true
b. false
Q24. Federal regulations controlling radiation exposure are an example of:
a. a potential statutory limit on tort liability
b. a statutory limit on how many cases may be brought against a manufacturer for a defective product that causes injuries
c. a potential cause for tort liability for a manufacturer
d. the main cause of most business tort cases
Q25. The term privity of contract refers to:
a. the relationship that exists between the parties to a contract
b. damage awards provided by juries in products liability cases
c. the requirement that products liability law have its origin in the common law of contracts
d. the risk that a product is of adequate legal quality
e. the requirement that products liability litigation must be brought by private citizens
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