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. Nolo contendere means:
a. no contest
b. guilty
c. innocent
d. contested
Q3. Under the Constitution, any ______must be disclosed to the defendant.
a. false evidence
b. important evidence
c. exculpatory evidence
d. illegally collected evidence
Q4. A grand jury:
a. reviews potential felony cases
b. reviews past felony cases
c. reviews potential civil cases
d. reviews past civil cases
Q5. Identifying the beneficial owner of all assets, tracing the transmission of assets and reporting suspicious transactions are all goals of:
a. anti-embezzlement measures
b. anti-fraud measures
c. anti-money laundering measures
d. anti-theft measures
e. anti-wire fraud measures
Q6. 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
Q7. If a person is charged with a crime, rather than going through trial, there is often an agreement reached by the defendant and prosecutor that is called:
a. an arraignment
b. nolo contendere
c. demurrer
d. plea bargain
Q8. When one commits a criminal act, that wrongful deed is:
a. mens rea
b. intentional negligence
c. res ipsa loquitor
d. actus reus
Q9. As a general rule, any defense to an intentional tort is also available in a negligence action.
a. True
b. False
Q10. 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
Q11. 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
Q12. 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
Q13. In an assault or battery case a privilege can:
a. give immunity from liability
b. reduce the amount the defendant has to pay to the plaintiff
c. increase the amount the defendant has to pay to the plaintiff
d. allow the defendant to defer payment of damages until a later date
Q14. A nightclub failed to install the proper number fire escape ladders. A fire in the men's bathroom kills a man trapped in there. The failure to have the legally required number of fire escapes is legally the cause in fact of the legal injury suffered.
a. True
b. False
Q15. Suppose someone uses an Internet server, such as AOL, to send a message to others that is defamatory. The person injured by the defamation has a good case against:
a. the sender and AOL
b. the sender but not AOL unless AOL was aware of the activity and did not halt it
c. the sender but not AOL under any circumstances
d. neither party; defamation actions from Internet transmissions are shielded by federal law
Q16. Negligence torts differ from intentional torts in that:
a. the government is the prosecutor in negligence torts
b. the victim does not receive compensation in a negligence tort case
c. in negligence the harmful results of a person's conduct are not intentional
d. intentional torts are also felonies
Q17. The manufacturer of goods is liable in tort to users for foreseeable harms caused by defects in the goods. This is:
a. negligence in tort
b. caveat emptor
c. proximate cause
d. strict liability
Q18. When a person suffers an injury due to deliberate deception, there may be a tort of defamation.
a. true
b. false
Q19. Under the strict liability doctrine, the focus is on the ______, rather than the reasonableness of the conduct of the manufacturer.
a. problems with the product
b. problems with advertising
c. problems with the assembly line workers
d. problems with the manufacturing process
Q20. 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
Q21. Liability based on ______may be imposed on a manufacturer if a causal connection can be established between the failure of the manufacturer to exercise reasonable care and an injury suffered by a consumer.
a. stare decisis
b. intentional tort
c. negligence
d. neglect
e. failure to inform
Q22. Fraud, misrepresentation, fraudulent misrepresentation and deceit are all examples of torts caused by:
a. deliberate deception
b. accidental deception
c. intentional battery
d. premeditated harm
e. tax evasion
Q23. Most tort suits are filed in:
a. state courts
b. federal courts
c. appellate courts
d. small claims courts
e. municipal courts
Q24. Negligence of other parties is irrelevant to the imposition of liability in ______cases.
a. ultrahazardous activity
b. limited liability
c. misrepresentation
d. fraud
Q25. Under the rule of caveat emptor, the producer of a defective product that caused injury to a consumer was:
a. not liable unless there was a contractual relationship between producer and injured party
b. liable in tort law to any injured consumer if negligence by the producer could be shown
c. liable in tort law to consumers who bought the good under the rule of strict liability
d. liable in contract to all consumers who used the product under the rule of res ipsa loquitur
e. not liable in tort or in contract law