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MGT401 Test 2




Question;Fred calls an off duty police officer a clown. Bill, the;police officer objects and decides to get even with Fred. The next day while on;duty, Bill enters the back door of Fred?s house and finds crack cocaine in his;bedroom. Fred?s Constitutional rights have;A) not been violated.;B) been;violated pursuant to the Fourth Amendment.;C) been violated pursuant to the Seventh Amendment.;D) All of the above.;2.;Mark carefully plots a course of action to embezzle $100,000;from his employer, Sue. He is fired before he ever gets a chance to put the;plan in action. In cleaning out his desk, Sue finds his plans. Mark is;A) guilty of a crime because he intended to carry it out.;B) not;guilty because there was insufficient actus reus.;C) not guilty because he is no longer employed by Sue.;D) guilty of a crime because he had mens rea.;3.;What happens if the police illegally seize evidence in;violation of the Fourth Amendment?;A) The defendant's arrest is nullified.;B) The defendant is entitled to another trial.;C) The defendant will be paid for the expenses of his;defense.;D) The;evidence will likely be excluded from use at trial.;4.;Individuals may use reasonable force to protect themselves;their property, and other individuals. In this context, reasonable force would;mean;A) deadly force is reasonable to protect property.;B) deadly force is never reasonable to protect property.;C) deadly force is reasonable if an attack threatens the;victim with serious bodily harm.;D) Both;(b) and (c).;5.;Paul is working as an undercover drug agent. He enrolls in;classes at State University where he meets several students in business;administration and invites them to come to his house for a party. No mention is;made of any drugs, but he does say he will have a keg of beer. Shortly after;his guests arrive, he gets out some marijuana and encourages the group to have;some. All of them refuse, except Sam, who has never tried it before. When Sam;lights up, Paul arrests him for possession of a controlled substance. Sam?s;best defense at trial is;A) to raise the defense of undue influence because the;police officer got Sam drunk.;B) to;raise the defense of entrapment, arguing that he was enticed by the police to;commit a crime he would not have otherwise committed.;C) to raise the defense of duress.;D) to claim that his Fourth Amendment rights have been;violated and the court should exclude the marijuana as evidence that has been;illegally seized.;6.;The Hometown News snapped a picture of Tim, a local;teenager, as he was sleeping under a tree in the park on a warm spring day.;They printed the picture on the front page of the paper.;A) The Hometown News is guilty of intrusion.;B) The Hometown News is guilty of appropriation.;C) The Hometown News is guilty of false light.;D) It;is unlikely that the Hometown News is guilty of any tort.;7.;Arnold made some defamatory comments about Bill while the;two of them were fishing in an isolated lake in Canada;A);Arnold has committed the tort of slander.;B) Arnold has committed the tort of libel.;C) Arnold has committed neither libel nor slander.;D) Arnold has committed the tort of false light.;8.;Arnold wrote a defamatory letter regarding Bill which he;posted on a bulletin board in the Dauch Building.;A) Arnold has committed the tort of slander.;B);Arnold has committed the tort of libel.;C) Arnold has committed neither libel nor slander, because;there has been no publication of the letter.;D) Arnold has committed the tort of false light.;9.;Jack walked into his apartment one evening. Sam was standing;behind the door in the dark, holding a baseball bat over his head. Jack reached;to turn on the light when Sam hit him with the bat.;A) Sam is guilty of battery.;B) Sam is guilty of assault.;C) Sam is guilty of assault and battery.;D) Sam;is not guilty of assault and battery.;10.;Rick's private driveway has a bad pothole after a sharp;curve. He has been thrown from his bike several times because of them. If Rick;invites his biking friends for a midnight barbecue, what at minimum must he do;to escape liability for any harm to them?;A);Repair the potholes.;B) Post signs saying "slow to 15 mph.;C) Telephone his friends to warn them about the potholes.;D) Both b and c.;11.;Henry was burning leaves in his backyard. One of the burning;leaves was lifted by the wind into Emilio's yard next door. It landed on the;lawn mower which exploded, setting fire to the wooden lawn furniture. Henry's;best argument against liability would be;A) that the leaf was not a substantial factor in causing the;damage.;B) res ipsa loquitur.;C) that;it was not foreseeable that the lawn mower would explode.;D) that the damage was not caused by the leaf but by the;gasoline.;12.;Cal sprayed highly dangerous pesticide on his crops in a;very careful manner on a windless day. Cal had to be licensed to spray the;pesticide. Nevertheless, some of the pesticide spray fell on his neighbor's;side of the fence and contaminated the cornmeal for the chickens. The chickens;died, and the neighbor sues. What is the likely result?;A) Cal is not liable because he used reasonable care in his;spraying operation.;B) Cal is not liable because the neighbor assumed the risk;of damage to the feed by placing it so close to the fence.;C) Cal;is liable because spraying pesticides is an abnormally dangerous activity.;D) Cal is not liable for the damage because of contributory;negligence.;13.;William attended a hockey game at the Ronk Arena and was;injured by a hockey puck hitting him in the eye. The hockey puck traveled;through a net setup to protect spectators. If the net were properly maintained;thee is no way the puck should get through the net. If William wants to sue the;Ronk Arena for his injuries;A) he will lose, because it will be impossible for him to;prove that the net was inadequately maintained.;B) he will probably win if the court allows him to use the;res ipsa loquitur doctrine.;C) he will lose, because the Arena has no duty to him and he;assumed the risk.;D) he;will win based on the last clear chance rule.;14.;Adam doesn't like having neighborhood teenagers walk across;his yard at night in the city of Ashland, Ohio. He rigs an animal trap on the;path the uninvited teenagers usually use to cross his land. One night, Tim and;his friends are walking across the yard when Tim gets caught in the trap. He is;taken to the hospital for his injuries.;A) Tim is a trespasser on Adam's property, and Adam has the;right to use animal traps to strongly discourage anyone from trespassing.;B) Adam has no duty toward Tim.;C) Adam;is not free to inflict intentional injury on a trespasser.;D) All of the above.;15.;To which of the following does a property owner owe the;highest duty of care?;A) A stranded motorist who comes onto the property to seek;help.;B) A social guest and close friend who have come to the;house for a party.;C) A;client who has come to an accountant's office in a building which the;accountant owns.;D) A neighbor who comes over uninvited to use a backyard;lounge chair.;16.;Sarah offers to pay Allison $150 if Allison will paint her;apartment while she is out of town on vacation for two weeks. Allison makes no;promise at the time. While Sarah is out of town, Allison begins to paint the;apartment. Sarah calls Allison and revokes the contract. If Allison sues Sarah;the court will rule that;A) Allison will lose because she did not complete the job.;B) Allison will prevail because of an implied contract in;fact.;C);Allison will prevail because this is a binding bilateral contract.;D) Sarah cannot effectively revoke a unilateral offer once;Allison began to paint the apartment.;17.;Bank of Ashland mistakenly deposits $1,000 in Bob?s checking;account.;A) Bob is under a contractual obligation to return the;money.;B) Bob can keep the money.;C);Bob's obligation to return the money is quasi contractual.;D) Bob's obligation to return the money is based upon the;doctrine of res ipsa loquitur.;18.;Alice offers to sell her computer, monitor, and printer to;Bradley for $300. Bradley says he will accept provided that Alice includes her;word processing software and 2 hours of training. What is the status of their;discussions?;A) There is a valid contract for the computer, the monitor;the printer, and the software.;B);There is no contract, because Bradley has made a counteroffer.;C) There is no contract, because the time for delivery has;not been decided.;D) There is no contract, because the offer has been revoked;by the offeror.;19.;James offers to sell four acres of land to Jennifer for;$8,000 and further offers to keep the offer open for one month if Jennifer will;pay him $100 for the privilege. Jennifer pays James $100. Which statement;describes the payment of $100?;A) An implied in fact contract has been formed.;B) A unilateral contract has been formed.;C) This is a formal contract.;D) This;is an option contract.;20.;Anita tells Bob that unless Bob pays her $5,000, she will;tell his customers that he was once arrested for shoplifting as a teenager. The;fact that Bob shoplifted as a teenager is true.;A) In;most jurisdictions Anita has committed the crime of extortion.;B) Anita has committed no crime since Bob actually did;shoplift as a teenager.;C) Anita has committed the crime of bribery.;D) Anita has slandered Bob.


Paper#58981 | Written in 18-Jul-2015

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