M455 Ex1 with Solutions F'10

M455 Ex1 with Solutions F'10 - Kerr MANAGEMENT 455 BUSINESS...

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Unformatted text preview: Kerr MANAGEMENT 455 BUSINESS LAW JAMES A. GOTHARD F ALL SEMESTER 2010, EXAM #1 Anyone who sells or otherwise places into the stream of commerce a product in a defective condition which is unreasonably dangerOUS to any user is subject to liability for harm caused by that product under a theory of negligent tort. Persons who raise or harbor wild animals owe a duty to the public to contain the animals in a safe and secure environment. In the event a person is convicted of a criminal offense, that individual may be punished by being required to serve time on house arrest or on road crew. The person who has been victimized by a violent crime may apply to the Tippecanoe County Prosecuting Attorney’s Office to recover compensation such as medical expense and loss of wages. in order to qualify for jury duty, a person must at least be a United States citizen, 18 years of age or older, and a resident of the county where they intend to serve. In Indiana, there are no longer exemptions for individuals to be excused from jury duty. A subpoena is a notice to an individual that they have been sued in a civil case. A summons may actually be served upon an individual by leaving the copy of the summons on the person’s door provided the Sheriff also the mails the summons by ordinary mail to that person’s address. In order to cemply with a Final Order in Garnishment, an employer will be ordered to withhold fi'om an employee’s wages 25% of that employee's disposable earnings for the week. A judgment defendant may exempt up to 3300.00 of money, which is maintained and held in a retirement/pension account. A judgment defendant may exempt up to $15,000.00 for his interest in his family residence. A creditor may initiate a proceeding called a “pro supp" in an effort to obtain information from the judgment defendant as to income and property subject to execution. An employee may be discharged for just cause if the employee has damaged the employer's property or refuses to obey instructions. A person who appears in front of an administrative agency has a right to a hearing before an impartial hearing officer. A person, who has been arrested. has a Constitutional right to make a voluntary statement that will be used against that person regardless of whether or not they have been advised of their Miranda rights. A storeowner who has probable cause to believe a thefi has occurred may take certain action against the alleged thief, which may include conducting a search of that person. A person has a right to use whatever force is reasonably necessary including deadly force to protect their person and property from a criminal act. A person who has been arrested may post a bond by cash, surety or real estate. it is possible to expunge or erase a person‘s arrest record if the person has been arrested, but no criminal charges were filed. It is possible to expunge or erase an arrest record of a person if criminal charges haVe been filed against the individual, but the person has been found not guilty at a trial. Intentional, negligent and strict liability torts all contain the essential elements of duty, breach and damage. Defamation of character is an example of an intentional tort. The injury suffered by a person from an intentional tort must be such that the injury was proximately caused by the act of the defendant and the injury must have been foreseeable. The Indiana Tort Claims Act requires the State of Indiana to be given notice within 90 days of the incident of a person's intent to hold the State liable. W T@ 26. @F 27. @F 23. .(a .9. (13F 30. @F 31. T@ 32. @r 33. T® 34. T69 35. T@ 36. ®F 4i. Comparative fault means that if the plaintiff has any share of fault in the incident, the plaintiff will fail to recover any money from the defendant. Federal law will bar state action only when there is a federal law regulating the particular subject. Changes to the Constitution have been brought about by interpretation, amendment, and practice. Administrative agencies are, in effect, a fourth branch of the government. Once a lawsuit is commenced, the case must go to the jury. Generally, the prevailing party in a iawsuit will be awarded the costs of the action, including witness fees and jury fees. Crimes and criminal punishment guideiines are specified in detailed criminal codes and statutes. The criminal law of all states is the same because all states have adopted a uniform criminal code. RICO was designed primarily to prevent individuals involved in organized crime from investing money obtained through racketeering in legitimate businesses. Extortion and blackmail are exactly the same. Larceny is best defined as the taking of personal property from the presence of the victim by the use of force or fear. Civil (noncriminal) wrongs, including breaches of contract, are governed by tort law. For tort liability to be imposed, the perpetrator of the tort must have acted with the intent to do wrong. Motive is an essential element of tort liability. The concept of strict liability is applied without regard to whether the defendant was at fault. Libel is the printed equivalent of the spoken form of defamation known as slander. Today, the widest range of tort liability arises in the field of negligence. Where the lawsuit is based on negligence, the defendant has the burden of proving himself or herself free of negligence. Sources of American law include: a. state constitutions. b. statutes enacted by state legislatures. c. court decisions. d. all of the above. Statutory law is created by: a. Congress. b. State legislatures. c. Local governments. d. Aii of the above. A deposition: a. Is the testimony of a witness taken under oath. b. Is conducted outside of the courtroom. c. Can be used to impeach a witness. d. All of the above. Original jurisdiction courts are generally what type of courts? a. Supreme courts. b. Appellate courts. c. Trial courts. d. Limited courts. Which of the following is not protected under the privileges and immunities clause? a. Right to go to another state and make a contract. b. Right to go to another state and vote in local elections. c. Right to go to another state and purchase property. d. Right to go to another state and open a business. The federal government may impose regulations on business: a. By virtue of its police power. To advance the interests of homeland security. To advance the nation's economic needs. If those regulations do not impose an unreasonable burden on interstate commerce. 9-9.0" Q 5 49. Which of the following is generally considered a felony? a. Reckless driving. I). Disturbing the peace. e. Robbery. d. None of the above. @ 50. Torts arise from a violation of a duty. a. Public b. Private 0. Contractual d. Criminal ...
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This note was uploaded on 02/19/2011 for the course MGMT 455 taught by Professor Staff during the Spring '08 term at Purdue University-West Lafayette.

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M455 Ex1 with Solutions F'10 - Kerr MANAGEMENT 455 BUSINESS...

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