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?