chapter 7,12 multiple choice – Flashcards
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Toni files a suit against Universal Media Corporation for defamation. Actual malice must be shown for recovery of damages if Toni is a. a corporate officer. b. a non-employee. c. a private individual. d. a public figure.
answer
a public figure.
question
Teresa is a celebrity. Without her permission, Sinclair Enterprises in¬cludes in an ad an image that resembles her. Sinclair does not use Teresa's name or actual likeness. This is most likely a. appropriation. b. conversion. c. no tort. d. slander of quality.
answer
appropriation
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Nesbit publishes in a newspaper an account of the sex life of Merinda, who is not a public figure. The information is true. This is most likely a. an invasion of privacy. b. defamation. c. trespass to personal property. d. wrongful interference with a contractual relationship.
answer
an invasion of privacy
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Field Trenchers Inc. initiates a lawsuit against its competitor Master Excavators Inc. out of malice and without probable cause. Master suffers a loss of profits due to the litigation, but Field loses the suit. Field is most likely liable for a. abuse of process. b. malicious prosecution. c. no tort. d. wrongful interference with a business relationship.
answer
malicious prosecution.
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Obie accuses Portia, a broker with QT Financial Services, of fraudulently in-ducing him to invest in Riske Development Company, whose stock price de-clines in value. The reliance that gives rise to liability for fraud requires a. a subjective, not an objective, statement. b. misrepresentation of a fact knowing that it is false. c. puffery. d. seller's talk.
answer
misrepresentation of a fact knowing that it is false.
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Bargain Bytes Computers, a computer store, takes unethical steps to divert the customers of Cyber World, an adjacent competing store. Bargain Bytes may be liable for a. appropriation. b. wrongful interference with a business relationship. c. intentional infliction of ethical distress. d. conversion.
answer
wrongful interference with a business relationship.
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Superior Health Club's marketing strategies entice many of Tone-Up Exercise Club's members to change clubs. After less than a year in business, Superior surpasses Tone-Up in numbers of members. Superior is liable for a. appropriation. b. conversion. c. no tort. d. wrongful interference with a business relationship
answer
no tort.
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Oak Valley Mall contains two video game stores, Pirates Pick and Game Quest. Pirates's manager Ryan stands in the mall near Game Quest's en-trance to divert customers to his store. Game Quest's manager Sara asks Ryan to leave. He refuses. Ryan has committed a. conversion. b. no tort. c. trespass to land. d. wrongful interference with a business relationship.
answer
wrongful interference with a business relationship.
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Federico enters Gunther's property to read an electric meter. Gunther charges Federico with trespass to land. Federico has a. a complete defense. b. a partial defense. c. a possible defense. d. no defense.
answer
a complete defense.
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Hilliard, a clerk at a Games Unlimited store, takes a video game player from the store without permission. Hilliard is liable for a. appropriation. b. conversion. c. disparagement of property. d. wrongful interference with a business relationship.
answer
conversion.
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Levon leaves his truck at MakeRight Vehicle Shop for repair. When Levon refuses to pay for the work, MakeRight refuses to give him possession of the truck. MakeRight has committed a. malicious prosecution. b. no tort. c. trespass to personal property. d. wrongful interference with a contractual relationship.
answer
trespass to personal property.
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Kelly is injured when she slips and falls on Lee's sidewalk. To determine whether Lee owed a duty of care to Kelly, Lee is subject to the standard of a. a realistic person. b. a reasonable person. c. a recognizable person. d. a reliable person.
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a reasonable person.
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Pier shops in a Rowdy Ranch & Farm Store store. Enticed by a display, Pier takes an item to examine it and, when she is done, places it on the floor. Tanner, a consumer enticed by the same display, does not see the item on the floor, trips over it, falls, and suffers an injury. With respect to the danger, Rowdy had a. a duty to advise its patrons that they assume all such risks. b. a duty to discover and remove the hazard. c. a duty to carry insurance to cover such risks. d. no duty.
answer
a duty to discover and remove the hazard.
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Joe sees Karo floundering in Lake Rough Waters. Joe is liable on the ground of negligence a. if Joe attempts to rescue Karo and Karo drowns. b. if Joe does not attempt to rescue Karo and Karo drowns. c. if Joe does not attempt to rescue Karo whether or not Karo drowns. d. under no circumstances.
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under no circumstances.
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Dirk is driving a sport utility vehicle in which Elin is a passenger when they are involved in a traffic accident, and Elin is injured. Liability may be imposed on Dirk for Elin's injury if Dirk's driving is a. neither the causation in fact nor the proximate cause of the injury. b. only the causation in fact of the injury. c. only the proximate cause of the injury. d. the causation in fact and the proximate cause of the injury.
answer
the causation in fact and the proximate cause of the injury.
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Molly shoots Norm with Opal's pistol. The proximate cause of Norm being shot is most likely attributable to a. Molly and Opal. b. Molly only. c. Opal only. d. neither Molly nor Opal.
answer
Molly only.
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Leo slips and falls in Mornin' Breakfast Café and is injured. Leo files a suit against Mornin' for $50,000. If Leo is 20 percent at fault and Mornin' is 80 percent, under a contributory negligence doctrine, Leo would recover a. $0. b. $25,000. c. $40,000. d. $50,000.
answer
$0.
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Taylor slips and falls in Urban Mall and is injured. She files a suit against the mall for $500,000. Under a "pure" comparative negligence rule, Taylor could recover damages a. only if both parties were equally at fault. b. only if Taylor was less than 50 percent at fault. c. only if Taylor was more than 51 percent at fault. d. under any circumstances.
answer
under any circumstances.
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A Rhode Island state statute imposes fines on tire repair businesses whose pneumatic equipment does not include automatic shut-off switches to protect employees. Bob's Brakes & Tires, Inc., does not have the switches on its equipment. Carter, a Bob's employee, suffers an injury that a shut-off switch would have prevented. Carter's best theory for recovery is a. assumption of risk. b. a dram shop act. c. a Good Samaritan statute. d. negligence per se.
answer
negligence per se.
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Drake pushes Evon into the path of an oncoming car driven by Flip. Gina tries to rescue Evon, but the car hits both of them. Drake is liable for the injuries of a. Evon and Gina. b. Evon only. c. Gina only. d. neither Evon nor Gina.
answer
Evon and Gina.
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Smitty, driving while intoxicated, causes a car accident that results in the death of Tiffany. Smitty is arrested and charged with a felony. A felony is a crime punishable by death or imprisonment for a. any period of time. b. more than one year. c. more than six months. d. more than ten days.
answer
more than one year.
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Biff wrongfully takes an unopened carton from a Cold Storage Warehouse loading dock, puts the carton in his car, and drives away. This is a. burglary. b. robbery. c. larceny. d. no crime.
answer
larceny.
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Desi reaches into Edna's pocket and takes her money, without her consent and without her immediate awareness. Unlike robbery, picking pockets does not involve a. breaking and entering. b. force or fear. c. large amounts of money. d. weapons.
answer
force or fear.
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On the orders of their corporate employer, Della and Efron, employees of Fabulous Fashionista, a clothing store, switch trademarks on clothing that comes into the store to be sold to consumers. This is most likely a. forgery. b. larceny. c. robbery. d. no crime.
answer
forgery.
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Ludwig receives from Milo a marimba stolen from Nadine. To be criminally liable, Ludwig must know a. Milo. b. Nadine. c. the marimba is stolen. d. what a marimba is.
answer
the marimba is stolen.
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Val, the owner of Wild Wheels, a bicycle store, trusts Xavier to manage the store's daily cash flow. One night, without Val's knowledge or consent, Xavier takes and keeps $500 from the receipts. This is most likely a. embezzlement. b. larceny. c. robbery. d. no crime.
answer
embezzlement.
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In relation to Edie's solicitation of investors in a nonexistent business, she is charged with "mail fraud." This requires, among other things, a. claiming that an item is "in the mail" when it is not. b. deceiving postal authorities as to the content of an item of mail. c. depositing items in the postal system without proper postage. d. mailing or causing someone else to mail a writing.
answer
mailing or causing someone else to mail a writing.
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Ilise, an employee of Pyro Displays, Inc., pays Gavin, an employee of Pyro's competitor Fire Worx Company, for a secret Fire Worx pricing schedule. This may be a. an effective marketing strategy. b. commercial bribery. c. creative legal bookkeeping. d. money laundering.
answer
commercial bribery.
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Page points a knife at Ray's daughter, threatening to hold her hostage and "cut" her unless Ray takes a certain file from Skelter Supplies Corporation, his employer. Charged with theft, Ray can successfully claim as a defense a. insanity. b. duress. c. entrapment. d. self-defense.
answer
duress.
question
Ethan, the president of Financial Investments, Inc. (FII), and Gina, FII's account¬ant, are charged with a crime, after the police search FII's offices. Under the exclusionary rule a. certain FII records are excluded from subpoena by the government. b. certain parties to a criminal action may be excluded from a trial. c. illegally obtained evidence must be excluded from a trial. d. persons who have biases that would prevent them from fairly de¬cid¬ing the case may be excluded from the jury.
answer
illegally obtained evidence must be excluded from a trial.
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Jesse arrests Imelda on suspicion of embezzlement. According to the United States Supreme Court in Case 9.3, Miranda v. Arizona, Imelda must be apprised of certain of her rights a. after any questioning. b. at any time during questioning. c. only in the absence of questioning. d. prior to any questioning.
answer
prior to any questioning.
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Mike is arrested at a warehouse in North Industrial Park. A government prosecutor issues a formal charge against Mike for receiving stolen property. This charge is a. an arraignment. b. an indictment. c. an information. d. an inquisition.
answer
an information.
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Swinborn sells "Tyger" steroids over the Internet. He is arrested and charged with the sale of a controlled substance. This is cyber crime, which is a. a crime in which the letter "y" is used in the misspelling of a word. b. a crime that occurs in the virtual community of the Internet. c. a crime that is less real than the same crime in the physical world. d. no crime.
answer
crime that occurs in the virtual community of the Internet.
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Travis sends Ursula a link to a purported e-birthday card that when clicked on downloads software to her computer to record her keystrokes and send the data to Travis. He uses the data to obtain her personal in¬formation and access her financial resources. This is a. identity theft. b. no crime. c. regifting. d. Windows shopping.
answer
identity theft
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Posing as Sterling Bank, Roxanne e-mails Quentin, asking him to update his personal banking information by calling a certain phone number. He makes the call and supplies the data, which Roxanne promptly sells to Porcio. This is a. no crime. b. employment fraud. c. phishing. d. vishing.
answer
vishing.
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Omar sends Nell an e-mail ad touting software that will cloak its user in "the anonymity of the Internet." Nell pays Omar for the software, which is never delivered to her. This is online a. auction fraud. b. puffery. c. retail fraud. d. frustration but not fraud.
answer
retail fraud.
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Jared uses his computer to secretly install software on thousands of personal computers without their owners' knowledge. The program can re-produce itself and spread from one computer to another via any USB port. This program is a. a hacker. b. a bot. c. a virus. d. a worm.
answer
a worm
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Boris programs software to prompt a computer to continually crash and reboot. Boris's goal is to install this program on various companies' computer systems without the companies' knowledge. The program can re¬produce itself, but must be attached to a host file to travel from one computer network to another. This program is a. a hacker. b. a bot. c. a virus. d. a worm.
answer
a virus
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Iggy uses his computer to break into Hye Technology Company's computer. Iggy is a. a hacker. b. a bot. c. a botnet. d. a worm.
answer
a hacker.
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Patricia commits an act via e-mail against Othman Finance Company, a business in California, where the act is a cyber crime. Patricia resides in New York where the act is not a crime. Prosecution of Patricia in California involves questions of a. jurisdiction. b. "maximum contacts." c. the immunity of Internet service providers. d. encryption.
answer
jurisdiction.
