...wages. Answer Roger can be p? Roger assaulted Jim in a tavern, causing medical expenses and lost wages.
A.Roger can be prosecuted by the state for a criminal offense and Jim may sue him for money damages.
B.If Roger is convicted of criminal assault, Jim is not allowed to sue him for money damages since that would violate the double jeopardy clause of the Constitution.
C.If Jim refuses to press charges against Roger, the state cannot initiate a criminal proceeding against him.
D.Jim can elect to sue for money damages or proceed with criminal charges.
Question 2
A tort action differs from a contract action in which of the following ways?
A. How the obligation is enforced.
B. How the obligation is created.
C. Monetary damages cannot be awarded.
D. All of the answers are correct.
Question 3
A business will incur strict liability for damages resulting from:
A. using harmful chemicals.
B. operating explosives.
C.bringing dangerous substances onto property.
D.a defective product manufactured or sold by the business.
E.all of the above.
Question 4
The Miranda warning insures that the criminal suspects understand their constitutional rights relating to:
Answer
A.search and seizure.
B. self incrimination.
C double jeopardy.
D arrest and indictment.
Question 5
Mulcare Corp. started a compliance program to prevent and detect criminal conduct within the company and had specific, high-level officers in charge of overseeing the program. The company effectively communicated the program to its employees and monitored those employees who were in a position to cheat. It promptly disciplined anyone who broke the law. One effect of having this program is:
A federal investigators would no longer investigate the company since Mulcare could take care of any problems internally.
B federal investigators might be convinced to limit any prosecution to those directly involved rather than attempting to get a conviction against high-ranking officers or against the company itself.
C the Federal Sentencing Guidelines no longer apply.
D any cases would be prosecuted in state, rather than federal, court.
Question 6
Alison, an employee of Gerstad Corporation, committed a serious criminal act in an attempt to obtain a large sales order for her employer. A court found her guilty of the felony and also found the corporation guilty of criminal conduct. The company was fined $1 million. Which of the following statements is correct?
A The court violated the Double Jeopardy Clause of the Constitution.
B The court properly decided the case.
C The court violated the Due Process Clause of the Constitution by holding both defendants criminally liable.
D The court violated the Fifth Amendment as corporations cannot be held criminally liable for their employees’ crimes.
Question 7
A misdemeanor is distinguished from a felony based upon:
A the rules of evidence.
B the length and place of possible imprisonment.
C the burden of proof.
D the type of intent.
Question 8
The legal theory of contributory negligence:
A is in effect in the majority of states throughout the nation.
B means that, even assuming the defendant is negligent, if the plaintiff is even slightly negligent, the plaintiff recovers nothing.
C allows the negligent plaintiff to recover if he was responsible for less than 50 percent of his injury
D has been criticized as rewarding a plaintiff for being careless.
Question 9
Miguel reprogrammed a cellular telephone so that the calls were improperly charged to another account. Which statute has he violated?
A The federal Wire and Electronic Communications Interception Act.
B The federal Access Device Fraud Act.
C The federal Identity Theft and Assumption Deterrence Act.
D Only a state statute, the Telephone Fraud Act, since there is no federal legislation related to this problem.
Question 10
Runyon was ready to sign a two-year agreement with Barnett Corp. to become Barnett’s sales representative for a three-state area. LaPrise, who wants to be the representative for that area, threatens Runyon with bodily harm if he takes the position. Runyon decides his physical well being is more important to him than the job, so he does not accept the position. LaPrise:
A committed tortuous interference with a contract.
B committed tortuous interference with a prospective advantage.
C committed a battery.
D caused a breach of contract and committed the tort of intrusion.
Question 11
Which of the following is a valid defense to a defamation claim?
A The statement was true.
B The statement was only an opinion.
C The person making the statement made it only to the plaintiff, not to any third parties.
D All of the above.
A.Roger can be prosecuted by the state for a criminal offense and Jim may sue him for money damages.
B.If Roger is convicted of criminal assault, Jim is not allowed to sue him for money damages since that would violate the double jeopardy clause of the Constitution.
C.If Jim refuses to press charges against Roger, the state cannot initiate a criminal proceeding against him.
D.Jim can elect to sue for money damages or proceed with criminal charges.
Question 2
A tort action differs from a contract action in which of the following ways?
A. How the obligation is enforced.
B. How the obligation is created.
C. Monetary damages cannot be awarded.
D. All of the answers are correct.
Question 3
A business will incur strict liability for damages resulting from:
A. using harmful chemicals.
B. operating explosives.
C.bringing dangerous substances onto property.
D.a defective product manufactured or sold by the business.
E.all of the above.
Question 4
The Miranda warning insures that the criminal suspects understand their constitutional rights relating to:
Answer
A.search and seizure.
B. self incrimination.
C double jeopardy.
D arrest and indictment.
Question 5
Mulcare Corp. started a compliance program to prevent and detect criminal conduct within the company and had specific, high-level officers in charge of overseeing the program. The company effectively communicated the program to its employees and monitored those employees who were in a position to cheat. It promptly disciplined anyone who broke the law. One effect of having this program is:
A federal investigators would no longer investigate the company since Mulcare could take care of any problems internally.
B federal investigators might be convinced to limit any prosecution to those directly involved rather than attempting to get a conviction against high-ranking officers or against the company itself.
C the Federal Sentencing Guidelines no longer apply.
D any cases would be prosecuted in state, rather than federal, court.
Question 6
Alison, an employee of Gerstad Corporation, committed a serious criminal act in an attempt to obtain a large sales order for her employer. A court found her guilty of the felony and also found the corporation guilty of criminal conduct. The company was fined $1 million. Which of the following statements is correct?
A The court violated the Double Jeopardy Clause of the Constitution.
B The court properly decided the case.
C The court violated the Due Process Clause of the Constitution by holding both defendants criminally liable.
D The court violated the Fifth Amendment as corporations cannot be held criminally liable for their employees’ crimes.
Question 7
A misdemeanor is distinguished from a felony based upon:
A the rules of evidence.
B the length and place of possible imprisonment.
C the burden of proof.
D the type of intent.
Question 8
The legal theory of contributory negligence:
A is in effect in the majority of states throughout the nation.
B means that, even assuming the defendant is negligent, if the plaintiff is even slightly negligent, the plaintiff recovers nothing.
C allows the negligent plaintiff to recover if he was responsible for less than 50 percent of his injury
D has been criticized as rewarding a plaintiff for being careless.
Question 9
Miguel reprogrammed a cellular telephone so that the calls were improperly charged to another account. Which statute has he violated?
A The federal Wire and Electronic Communications Interception Act.
B The federal Access Device Fraud Act.
C The federal Identity Theft and Assumption Deterrence Act.
D Only a state statute, the Telephone Fraud Act, since there is no federal legislation related to this problem.
Question 10
Runyon was ready to sign a two-year agreement with Barnett Corp. to become Barnett’s sales representative for a three-state area. LaPrise, who wants to be the representative for that area, threatens Runyon with bodily harm if he takes the position. Runyon decides his physical well being is more important to him than the job, so he does not accept the position. LaPrise:
A committed tortuous interference with a contract.
B committed tortuous interference with a prospective advantage.
C committed a battery.
D caused a breach of contract and committed the tort of intrusion.
Question 11
Which of the following is a valid defense to a defamation claim?
A The statement was true.
B The statement was only an opinion.
C The person making the statement made it only to the plaintiff, not to any third parties.
D All of the above.