M354 Sample 2nd Test - Name Mgmt 354 The attached article...

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Unformatted text preview: Name Mgmt 354 The attached article titled “Classroom confession spelled prison,” deals with a man that confesses to a 1992 murder and is spending time in prison. After having read the article indicate what is the justification for his punishment. A. Restraint and Reformation B. Restraint and Retribution C. Retribution and Deterrence D. Retribution and Reformation E. Reformation and Deterrence Robbery, larceny, and embezzlement all deal with stealing, so imagine that a student forgets their business law text book in the classroom, and an hour after the student left the classroom, another student steals the textbook. Just to add more detail, the student that stole the textbook, sells it on Ebay. What is the common law criminal offense that has been committed? A. Robbery B. Larceny C. Embezzlement D. All of these E. None of these In regard to civil law, what is the legal issue involved in question 2‘? A. Breach of contract B. Theft C. Conversion D. Bribery E. Extortion This is a quote from the Indianapolis newsPaper “If a man who allegedly killed seven people is not eligible for the death penalty, then who is?” This quote deals with killings in Indiana. A person can be put to death in Indiana if A. they commit premeditated murder of at least one person B. they commit premeditated murder of at least eight people C. they commit premeditated murder of at least one person and they also commit an additional crime such as arson or burglary or robbery or kidnapping. D. they commit premeditated murder of 50 people E. none of these If a custorner or potential customer is on your employers property, and they have threaten you with immediate harm, so you tell them to leave your employers property, and they do not leave, this relates to what legal issue (s)? A. This is assault and battery. B. This is assault, battery, and criminal trespass. C. This is assault and criminal trespass. D. This is battery and criminal trespass. E. None of these 6. 10. Imagine that a student, who does not regularly come to class, but is registered for this class, is very angry about the questions on this exam and she/he takes the exam and rolls it up into a ball and throws it at me, the professor. Yes, it hits me, and I didn’t even see it coming, nor did the student threaten me. I am not seriously injured. What criminal act or acts just happened? A. Assault B. Battery C. Assault and battery D. Criminal trespass to land E. burglary If a purchasing specialist and an account payable clerk that work for Cliff Fisher Industries agree to steal money from their employer by creating an imaginary company with a post office box in a city 300 miles from where their business is located, but they only set up the post office box, and there are no checks issued to the imaginary company, because the clerk got fired for poor attendance, what crime has been committed? A. Embezzlement B. Robbery C. Conspiracy D. Larceny E. None of these The attached article titled “Still learning tricks of trade,” deals with what legal issue (3)? A. Breach of contract because the check was written on a closed checking account- B. Illegal contract C. Voidable contract on behalf of the minors D. All of these E. None of these The attached article titled “Sallie Mae says buyer wants out of $25B deal,” involves what legal issue in regard to the $900 million breakup fee? A. Option contract B. Right of first refusal contract C. Non-compete contract D. Liquidated damages E. None of these The attachment titled “COpperfield” involves what legal issue, if a person employed by Purdue to set up for concerts is asked by David Copperfield’s people to sign the secrecy agreement. Image that Purdue does not ask their employee to sign the agreement, nor does it care if they sign the agreement. If the employee of Purdue signs the secrecy agreement it . Is a legally enforceable contract. It is not a legally enforceable contract, because it is illegal. It is an option contract. It is not a legally enforceable contract, because there is missing consideration. It is not a legally enforceable contract, because it is voidable. WUOPCW’ ll. l2. 13. 14. Imagine that you saw the attached advertisement for Pizza Hut that has one medium Pizza for $6.99. This advertisement is A. an offer B. an invitation to negotiate C. an option contract D. a right of first refusal contract E. none of these Purdue University researcher Rusi Taleyarkhan has gone on the offensive. See the attached article titled “lawsuit filed by Purdue researcher,” which has the first word of the article excluded from the attachment, because it gives the answer to this question. This question is not intended to indicate that any civil action has or has not happened, but to help the student in answering this question. What civil action might a person bring alleging an untrue statement by one party about another to a third party? A. Absolute privilege B. Strict liability C. Defamation D. Trespass E. Negligence Which is true in regard to the Right of First Refusal contracts? A. Right of First Refusal contracts are contracts in which the prospective buyer has the right to decide when to enter into a future contract to purchase or not, and the seller must sell. Right of First Refusal contracts are contracts in which the seller has the right to decide when to enter into a future contract to sell or not. Right of First Refusal contracts gives the seller the right to decide if they will sell and the time of the sale. D. A and C E. B and C B. C. Civil liability comes in a number of forms, as can be seen by the article titled “Cougar mauls 4—year—old at birthday party.” If the parents of the 4-year-old were to sue the owner of the cougar, which cause of action would be the easiest to prevail? Workers’ Compensation Battery Absolute liability Contributory negligence immunity WUOW?’ 15. 16. 17. On February 12, 2010, I contacted, over the telephone, my dentist, Dr. Pain, and set an appointment to have my teeth cleaned on February 24, 2010 at 10:30am. I was thinking that the 24”] was a Thursday, not a Wednesday. My dentist charges $79.00 for cleaning of teeth. I missed the appointment, and didn’t even think of the appointment until after 10:30am, and the dentist didn’t have any patient that was able to take my place. What contractual issue(s) are relevant to this situation? A. Since it was not in writing, it is not a legal contract. B. No genuiness of assent. C. No breach of contract. D. Breach of contract. E. Legal contract, but no damages. Douglass Construction hires Electrical Quality, an electrical contractor company. Douglass is building a large commercial mall in Spokane, Washington, and Electrical Quality is based out of Moscow, Idaho. Douglass and Electrical Quality enter into-an agreement whereby Electrical Quality does all of the electrical Work on the mall for Douglass. After the work is completed, which came to about $62,000 that Douglass and Electrical Quality agreed in a written contract, Douglass does not pay Electrical Quality, even though Douglass has no complaints about the work that was done. Douglass contends that Douglass Construction does not have to pay Electrical Quality because Electrical Quality is not licensed in the State of Washington, only in Idaho and the work was done in Washington. The State (if-Washington requires that all electrical contractors be licensed by that state. Electrical Quality argues that Douglass Construction knew that they were only licensed by the State of Idaho when they were hired. What contract legal issue(s) will Douglass use to try to legally not have to pay Electrical Quality under this contract? Electrical Quality’s breach of contract Genuiness of Assent Equity Lawful Purpose Form Required by Law FUDGE”? What contract legal issue will Electrical Quality use to try to get paid for the work that they have done? Consideration Genuiness of Assent Equity Lawful Purpose Fonn Required by Law WFUOW?’ 18. Imagine that your teacher was in Kohl’s department store in Lafayette and he saw a briefcase with a price tag of $92. I handed the cashier a $100 bill and said, “I accept. We have a deal.” The cashier then noticed the tag and tells me that an error had been made and the price is $292. Result: The customer already accepted the offer. The price tag was a firm offer. No contract was formed because the customer’s offer was refused. This mistake is no defense for the store and they have to sell the jacket for $92. None of these mDOW? 19. Imagine that you decided to get a quarter pound burger, fries, and a coke from Wendy’s. You ordered your food at the drive—thru. While you were waiting for your order, you kept thinking about getting to class, so you wouldn’t be late. You have waited 10 minutes behind other cars, before you were able to order. You waited another 5 minutes after ordering and still had not received your order. You were going to be late for your test, so you left before your order arrived and before you paid. What legal issue is relevant to this situation? . . No legal contract, since you hadnot paid. No legal contract, since you didn’t receive your order. This is a breach of a contract. . This is not a breach of contract, since it was not in writing. A and B mwow> 20. Imagine that you were at Wonderland and you picked up the attached information that is titled “the Birthday Party Package.” You spent about 15 minutes reading over the information and thinking about a party you could threw for your young cousin. You decided on the $7.50 per person deluxe package, and you were going to have the party on Thursday, since you don’t have your business law class on Thursday. There would be a total of 10 people for the birthday party, so you calculated it would cost you 10 x $7.50=$75.00 plus tax. Keep in mind it was only 15 minutes from the time you picked up the information to the time you told the Wonderland employee that you wanted the Weekday Special Deluxe Package. The employee told you it would be $106.00. The $6.00 was for tax. You asked the employee why it was so much, and the employee informed you that it was $10.00 per person. You told them that they have to give it to you for the flyer amount, which is $7.50 per person. A. The employee cannot charge $10.00 per person when the information says $7.00. This is a breach of contract. B. The information that says $7.50 per person is an offer and you accepted the offer, so there is a legal contract. C. The information that says $7.50 per person is an invitation to negotiate, so there is no contract. . A and B None of the above we 21. 22. 23. 24. Imagine that you are shopping at Kroger for a number of grocery items. You have picked out a number of cherries, bananas, oranges, and apples, and before you weigh the cherries, you taste a cherry to see if they are ripe. Next, you weigh all of the fruit and placed them in your shopping cart. While you were looking for pickles, a large jar slipped out of your hand, and crashed to the floor. Glass, pickle juice, and pickles are all over the floor. You did not clean it up or tell any Kroger employees about the mess you made. About 45 minutes later, as you were leaving the checkout line, you heard a cashier call for someone to clean up the broken pickle jar and mess. A few seconds later you heard a store employee tell your cashier that an elderly women had just fallen on some pickle juice that she should have seen. The woman was unconscious and paramedics had been called. Yes, she fell on the mess you made, and didn’t clean up. What is/are all the legal issues involved in this case? . Negligence Comparative negligence Theft Joint and several liability All of the above > B. C. D. E. Alabama, Maryland, North Carolina, and Virginia are all contributory negligence states. With that in mind, imagine that your professor is in one of these states and is involved in a car accident. It is determined that I am 70% at fault and the other driver is 30% at fault. My damages are $10,000. What will be the result? A. I would receive a judgment for $3,000. B. I would receive a judgment for $7,000. C. I would receive a judgment for $10,000. D. I would receive a judgment for $0. E. None of these Alaska, Arizona, California, Florida, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota, and Washington are all pure comparative negligence states. If you use the facts from question 22, and the accident happened in California or Florida,“ what will be the result? A. I would receive a judgment for $3,000. B. I would receive a judgment for $7,000. C. I would receive a judgment for $10,000. D. I would receive a judgment for $0. E. None of these Indiana uses the modified comparative negligence, as we discussed in class. If you use the facts from questiori 22, and the accident happened in Indiana, what will be the result? A. I would receive a judgment for $3,000. B. I would receive a judgment for $7,000. C. I would receive a judgment for $10,000. D. I would receive a judgment for $0. E. None of these 25. 26. 27V. 28. 29. A while back, I called Glass Unlimited and asked for an estimate to replace nine windows in my house. The seals had broken and each window was at various stages of fogging up. One of the employees from Glass Unlimited came to my home and measured the windows. Two days later, I received a telephone call and was informed that it would cost me $5,608 for the replacement glass, because of the unusual sizes; they had to be custom made. This price would include removal of the old glass and installation of the new. I thought about the price for a few days, and thinking about how they would have to take the wood frames apart to install the glass, I called Glass Unlimited and accepted their quote. I was informed that it would take about two weeks for this special order of these goods. Nothing in writing was ever given to me and I didn’t sign anything. A. This is not a legal contract since it is over $500. B. This is not a legal contract since it is not in writing. C. This is a legal contract. D. A and B E. None of the above What criminal offense and civil action could be taken against the 89—year—old in regard to the attached article titled “Oddly enough: 89-yer—old arrested for keeping football sues family. A. Criminal battery and civil conversion B. Criminal theft and civil conversion C. Criminal conversion and civil battery D. Criminal false imprisonment and civil false imprisonment E. None of these In the attached article titled “Law protects counties from suits over 911 calls,” it mentions that some states, such as Indiana, have protective laws that protect parties from liability. What is this legal issue? . Negligence Comparative negligence Contributory negligence Immunity Liability 13> B. C. D. E. Background checks of job candidates have become a necessity today and the attached article titled “Background checks lack uniformity” deals with which legal issue? A. Defamation B. Attractive nuisance C. Absolute liability D. False imprisonment E. Negligence The attached article titled “Jury awards man blinded in motel shooting $4 million” involves which legal civil issue(s)? Decide on the best answer. 30. 31. 32. Joint and several liability Negligence Comparative negligence All of these None of these econ? Assume that you are a graduate student that lives off campus. You are 29. You decide to throw a pre-spring break party at your apartment. One of your guests has had too much to drink. The individual was intoxicated, and you spoke with your guest to make sure that he/she had a designated driver who had not been drinking. Your guest told you that there was a designated driver. Over the next hour, you noticed that your intoxicated guest had gone back to your refrigerator and had had three more beers. It was 1:00am, and your intoxicated guest was leaving and you saw the person get into their car and drive away. You ran up to the car and asked where the designated driver was. Your guest told you that there had never been one, but he/she didn’t want you to know or it would have ruined the party. You asked your guest not to drive, and offered to drive your guest home or call and pay for a taxi. Your guest said no and drove off. Your imagination is going wild. What if your guest drives off the road or worse yet, if your guest collides with another car. The next morning on the radio there is a news report regarding an automobile accident involving your guest and another car. Your guest, within a few minutes of leaving your party, went over the center line and hit another car head-on. Two of the occupants of the other car are dead and the third person is in critical condition. What tort liability could you have, if any? A. None, since you tried to stop the intoxicated guest. B. You would be the only one responsible for negligence. C. You could be responsible for contributory negligence and be joint and severally liable. D. You could be responsible for comparative negligence and be joint and severally liable. B. You could be responsible for murder. Attached is an article titled “Dancer’s Chest is a Lethal Weapon.” What tort could the physical therapist contend was committed if the action was intentional? A. Strict Liability B. Product Liability C. Absolute Liability D. Battery E. Criminal Trespass What is the legal concept that, in regard to negligence in circumstances when the burden of proof moves from the plaintiff to the defendant, and the court contends that “the act speaks for itself”? A. Contributory negligence Comparative negligence Res ipsa loquitur Immunity B. C. D. E. None of the above 33. Look over the attached article titled “More Finns Restrict Departing Workers” and indicate which is the best answer in regard to Eric Herb being fired from his job. Imagine if you had worked for a number of years for a business and then they fired you and since you signed a non—compete agreement, the business sued you for working for a competitor. A. 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Sallie Mae says buyer wants out of $25B deal Associated Press pected to be signed today by WASHINGTON - The planned $25 billion buyout of student lender Sallie Mae was thrown into jeopardy Wednes- day after the investors said terms of the deal- no longer were ac- ceptable. Sallie Mae, officially SLM Corp, VOWed to pursue legal remedies against the investor group led by privatesequity firm J.C. Flowers 3: Co. The group told Sallie Mae it does not plan to complete the $60-a-share deal negotiated ear- lier this year, though it is open to discussing new terms. The contract has a $900 mil- ' lion breakup fee. The investor group has in- sisted in recent months that new student loan legislation, ex- President Bush, could kill the deal. The measure will out about $20 billion in government subsi- dies to companies like Sallie Mae that make student loans, while halving the interest rate on government-backed student loans A review by Sallie Mae said the legislation would reduce its ‘ “core earnings” net income by 1.8 percent to 2.1 percent each year for the next five years. Sallie Mae said the group has no contractual ability to back out of the deal. 7 It employs about 2,300 people in Fishers and Indianapolis. A ' call center in 'Muncie employs 600 to 700 Workers. Shares of Sallie Mae fell $1.24, or 2.7 percent, to $45.01. \ DATE: CITY: THEATRE: SECRECY AGREEMENT The‘unoersigned understands that in the course of my employment and/or privilege of having access to proprietary drawings, documents, equipment and know- how of DAVID COPPERFIELD and to other "behind-the-scenes" aspects of the DAVID COPPERFIELD SHOW, i may learn the secrets. of the illusions and magic in said show. I realize that these are legally protectable trade secrets and that a great deal of time, energy and millions of dollars have been spent in their develooment. I further understand that the future and success of the snow and the livelihoods of over one hundred people depend entirely on protecting these secrets. ln consideration of my employment and/or access, i promise never t_g pg _o_r t_o reveal i_n any manner directly 9; indirectly these secrets egg methods i_n whole _o_r i_n gag a_t fl ting m g_r iflth_e future to any person including friends, relatives, media, associates or anyone else. The secrets 'of THE MAGIC OF DAVID COPPERFIELD are extremely valuable, legally protectable proprietary rights of DAVID COPPERFIELD and I fully understand that should I breach my promise, i will be liable for all damages suffered by DAVID COPPERFIELD and his Company as a result of my breach. ' And I have signed: Date: Signature: ABSOLUTELY NO FRIENDS I OR RELATIVES ARE ALLOWED BACKSTAGE BEFORE, DURING OR AFTER THE PERFORMANCE. ' 11777 Son Vicente. Suite (50] - Los Angeles. CA 90049 a on: 3iO/82é~6330 o fox: 310/826-2024 - w w . ‘w w m "E .35 bug“ v8 3 Em Gum 130m.qu 3?, “on 5&0 5&0 238% .6 comflou, 34.6 5.3 firs EH.» no Z .25 Eummmumuam Hm ufimfi>< .2: 5:: fig mo meEuvmb Bhfimfl Bywcwdmuu @ OE 55$ SHE N? H @ j 3...... NmutqacmEngmmg ENQIQ mNNE aw... kmfioxaumm 5&0 Enigma: MS 5:, En . {he ,. . . t yaw”..va .c . .. I ‘3. . ~\ 5 . . . . an: :Ra... a? . n. w. 1.3:..15 fin. .fififiv .. A an. Lagrfiaosfifi 55.3% as u. .. ._ , .a _ N. _z zmanm 000% 2m ._ E, ‘m_._,_.m ._<_um_nmm_ THURSDAY wait it. was eaten a teeaae meantime M1.,M.H-...-.W-mwu m Win—Juan». a,“ .417 r lawsuit filed by-P-urdue . researcher Taleyarkhan _V I claims he created * l-bubble- fliSlQIl '_B'y and” WALLHEIMER bwallhe'imer@iourha1aridcouriercorn . Purdue University reSearcher ‘ Rusi .Talejrarkhan, accused by ; various parties of research mis— ._ ' conduct—over his bubble quion claims,‘has' gone. - ' ‘ -‘ -r on the offensive}: .' Taleyarlgh'an has .' filed a civil lawsuit .' against tWo-of his- . detractors, Purdue .professors- Lefte'ri Tsoukalas and Tait- -'j'ana 'J'evre'rnovic, .___ for . ' ' ' . ' Taleyarkhah “u... TSOukalas _ and others 'Were conspiring to: destroy Dr. _ Taleyarklian and 7 his repute:- tion: Thi§-_ conspiracy against Talevarkhan ' amounted: to out— right discrimination, with Tsouv‘ .kalas discriminating. against .DL: Taleyarkhanis Indian .; ethnic- ity, claiming that Di‘. Taleiarlthan would-fie sent back to. Indi'aLand '- calling him and others :of Indian dé’sbent ‘5tupid;’ ‘igrioi'ant,’ ‘idiot,’ Flier: fflieffi:g.—i£fa€di ,efld' ‘St'epid. f Indian,’ and ‘use-less-Indian1' ” the suit, filed in March, claims. ‘ , Taleyarkhan Claims to have created bubble fusion,_an inex- pensive and environmentally clean form of nuclear energy. Tsoukalas, Jeirremovic and other researchers throughout the Coun- try have claimed Taleyarkhan faked the results and committed research misconduct. . A Purdue investigation into the allegations is ongoing. A pre- vious Purdue inquiry - cleared Taleyarlthan, but a congressibnal committee demanded another. look into-the case, calling the first one inadequate. . Tsoukalajs and ‘ 'Jevremovic 'de- clined commentWednesday, but a lanryer repreSenting them gave a statement on their behalf. “In-the Americanlegal system, you can sue anyone for anything, and anyone with the courage” to help police use'__his own profes— sion against wrongdoers,'re\_re'n if'the role is' simply ,to_ truthfully tell: what they knew; is 'unfor'tu- ' nater at risk of getting'suedin retaliation”, said Roger Bennett of Bennett, Boehni'ng &”Clary in Lafayette.‘ . ‘7 '_ ' ' . ' “Nobody. at". the. courthouse screens .cases'to say; This is non- sense'. We Won’t allow you to file lt‘) ), ‘ ' . Conger mauls 4—year—old at birthday party By THE ASSOCIATED PRESS _ CORAL GABLES, Fla. —.A 4-year—old 'girl was mauled at aetfildren’s birthday party _ _:by a cougar that Had been ' brought in by a Wild»animal [business to entertain the youngsters,- authorities ' The girl was attacked on (Nova-18 at the heme ofGoYa _' Foods' president Francisco Uh'anuer-dtiri'ng‘ a party for " his -7eyear-old child and suf: feted severe cuts on her-eye; li‘d,‘-che'ek and ear, authoriu ties .said. Doctors S'eWed. back j .parrtof-her'seviered ear. j"? Police said ‘Niid Animal World. owner and. trainer Corinne O-ltz removed the leashed cougar. from its cage to show it-to the children, but _‘ porgup'ine, . - r the girl $neaked' behind Olt'z and Startled the animal. '- _ The declawed cat Seized 311' u ' World, a Company that pro- ‘ vides wild animals 'for. par— ties. _ . '7 “fildAnirnalWOfl'd,Whieh has run afoul the law in some previous attacks, did not im- _me‘diately7 return a- Call for . by 'a hired t'o_ the pang-authorities said. ‘ W’ild Aflitfial World’s Web: site says it offets'a'fiwide .va- riety' of'educational, exciting professional interaction" with-exotic: attitude,” A onel. hourgf'bizithdai?’ "£th costs. -$270.2"_ :2. ‘- The "combative i comment 7 . . The.attack‘_Was videotaped . i include ‘. Charlie the 'ringtail j l'emur, Popeye the-anteater 'J and _ Gookie' the Guyanese; 'Oltz. was cited fora wild.— - (life cage-violation in a similar 7 attack 199,9, 'ciJur't record's-l: .QJ aW‘ 7 iii ! i E - 8 FREE TOKENS & BIRTHDAY HAT FOR THE 'THDAY CHILD - . - i - ‘ALLOONS, A SERVED TABLE FOR ALL : 31‘s., PLUS A SOUVENIR PHOTO. f . e - .iRTHDAY CAKES ARE AVAILABLE W . * 9;00pf,p,.,o; - minigolfiflLd: j . $3. 00 in tokens _ fwmpfi 7_ OptionS._Available... minigalfi 917— ‘ ' , Gas Bumper Cars - $2.50 - $3.00 in _ For reservations - ‘ -. Wonderland Golf 6} Games “Open Year we . ._ .edzfiio r, : ing the'rh‘éighhdrikid’é‘ fqétball- is now suing tl1ef3b9y’s par,- ents. r _ ' i ‘ EdnaJestelr filed "_a' IaWsuit in Hamilton County (iommon gplgzflxings: -‘ lindjhgin'hér yardi _- I V _ ' In October, Jest-er refused firer Silly” but-LSays; ' to return 'a‘fo'otbafl, was'tézken td_the Blue Ash police station and 'ehaig'e-d with -' mtg‘mgdeaths; - nag-r15 her :hmband alga _ r _ 2— Cause they have. fife ‘7 g and can’t affprd ar‘laWé-rl ' ? Law protect-S counties.“ from suits over 911' calls I By THE ASSOCIATED PRESS LAPORTE, In_d. — A law' thaf makeg counties -, IaWshits resukingfrom. 9_11 s'é-rv'ite - frustratfés me}, ha— the: qfia; womaniwho'QéL-l'l'ed 911 ‘ and piea'd'ed‘ filti‘légfif‘dr: a.po‘- lice escort an hour: befbre her .enra'ged husband shot her and her mdther dead; _ - _ ' ' “Them-’5 nothng 'I Cain-do. My‘ hénd‘s are-tied,’_’ AJ Gable-I ‘thd'the 'Soyth-Bend-Tribune. Gdblefé; rd'ahghter __'-Ton)'ra Golglé, 3.4; and 'hér _m9the‘r, Vicki De_w_ey,_52, We're shotdead, April 28,_ 2006, 31315.2 Dewey” - home in Chfltaming Township, nMicl'Lfabbuf 15_ infles' horigh bf LaPm‘tE: Gable had begn-hfing- with her niofl-i'er gfepfagher IQ escapga'viafént relhfiibmhip _ With higri-hu'sbqnd,adiifir Studier, , ' . 31,"of Lanrtg,_who Was Inter; . tsexiténcedgtfo four. life sant'ehiga , A' 911 tape shoWedAGi'pblé {filled .9111- fiom' -Rén_éis$aflég. -Kbadg§n}5‘ _a jpriivat'e- $511001 A ' fizb’m we‘Smderfhpme ' _..e.rr,: LaPortE' 06mm .tg' say' ,, h’e. {aged hgr husband ' W0fildkfljgherfij ' - - ‘ _. _ "Hé 10111 mi». flxét'he?wbuId-kifl‘me K I év'er fu-ied to lam? sh'e weld the dispatth'gg the-.911 call. ' .-“I-I§.’s gd't .in the: 'hdqsé,‘ r and I amscared." . ‘ -_A .disfiatqhei, whose, name. was up; released, tald- Studeaf‘ she rédul-d'hot; send fin‘dfficer " commissionér; decided 'ihbré ' unless there was an "immedi— ate threat." ' “Ma-'am, the dfhcer cannot; stand there ahd just-waif in case your husba'ndhcomesé “hack,” :the {Tamale disfiatdigf-g toldher. . - Thékjiljngs haphgnédfibqut an hour f-atgr; afte'r Gob-I'd __ er m‘ofih‘ef fled Itci hér mothgrfé Michiganhqrrigi ‘ _ '. ' A] bele tried to sue Lari Porte Couh'fy; f6: not sanding: an offip'e: wl—ign-hig dhughtef requested helfi; :Bufigattomeys have, advisgd ‘Lhi‘rfi-‘fithayt stzitei law; ' _ ItO'SEfiItS‘ re-sfil'ting fitqr'tiflll serf videw _ ‘ _r r_ . ‘ LiaPé‘rte_ Clbu'ni‘y ,Commise sioher ,Earb'ara - Huston}. 'said wasn’t .they _ _ worildiv l-ga'ég'h'ad the dispatcher do difé. I ,fizi-enfljg rf1" ' .teffibly 'sdfiythispoori wiping; was. killbd by 1.1te hfig: hahdf- Hqstén éajd': ,_B_'ut,' she -add'£_ad',_ fiolice _can’t. disfiat'ch a3 car on; to wait _until 'sémeptje-_ come‘sfbaek j‘usi- becausg‘ fillet-‘2' “ _- WaE-é-fihfeat. Staté.‘ Sépi Jim. Ajjnold,' D- ' LaPartg,-;.wlgo -the_'é'1ie1rjifi-l wh'éii‘fidbl'e'fflialdkf' her _ fihbfié § -¢all;,.s‘éid. $131911- 'agqricy was; nqtnnfigér the shgfifi’segntrbL me; protecfixfei.la\v,‘.pgt' in: 'p1acp 16; liihitjiééifihfiés‘f 11:11:11.2? ‘ - itrithw- kyplé‘ménfede 9:1- 7 biased 911‘séf-‘itfé'gs'; has-Bag ugheld" by the jaggdignabggjqi Qrgé'me,Caui-t; '-' I a“ Background checks lack uniformity More companies are performing them, but scattered-- records hamper investigations By- John Christoffersen Associated Press . STAMFORD, Conn. —— Jessica Smith thought she was a shoo—in for a cashier’s job at an Office De- pot in ‘Minnesota- last surn‘rnen The store manager was encour- aging, saying he just needed to run a criminal background check. 7 But a-_ week later, Smith; re-. ceived a rejection letter that cited a lengthy rap sheet, including - drug convictions in Washington. “I have no record," said Smith, 19, as sheflipped through court 7 documents. "They— all say felony» and guilty. I've never even been to Washington.” _ - Smith, who “fought f0 six . Weeks to clear her name before ' eventually landing the job, was a casualty of one of ' the. ‘latest trends in business hiring. Com— panies increasingly rely on pre- employment background-checks to ease security concerns and protect against costly lawsuits.- “It's getting more iniportant,” said Robert Belair, a privacy at». torney and editor of the. Privacy and American Business nears- letter. “The incidence of ' lawsuits is way up.” But the burgeoning field lacks consistent standards, causing er- rors that can disqualify reputable job applicants, some industry exw _ perts and consumer advocates- . say. When criminals slip through iwith clean records, the conse- l quences are more severe. 7 7 Early this month, FedEx Corp. was accused in a lawsuit of hiring a sex offender who later was charged with molesting an l3- year-old boy while at work in Fairfield, Conn. , FedEx spokeswoman Sandra Munoz said a background check did notreveal a crirninal history. The company conducts criminal. background checks on all job candidates,‘she said.- “That person is either lying or - , Federal Express .is wildly incom- ‘ 'petent in how they do the back- ground checks,” said Neal Regan. the boy‘s attorney. ‘ ; But people with knowledge of the industry were not surprised by the charges. _ "There are no standards for what is abackground check.'.’ said Tal Moise,. chief executive of Verified Person, a .cdmpany that performs background .checks. “This is an industry that'has de- livered historically a— very low- - quality product-" - A national task force funded by the" Justice Department this month ‘ recommended national standards for screening com- panies. "__The nation’s security, as well as on—the-iob efficiency and certainly civil liberties and pri- vacy interests, all demand the de- velopment of a blueprint," the task.forc'e concluded. . Background 'screeners. say, companies must conduct thor- ough searches to determine whether. applicants have criminal.- records. That means searching multiple counties and checking for addresses not listed on job ap- plications. ' In the FedEx case, the em-‘ ployee worked in Connecticut but had a criminal record in Maine, according to the family’s lawsuit. The FBI’s criminal data- base is generally not public. ex? cept for law enforcement and some organizations. State deposi- tories are often sealed or prohibi- tively slow, so screeners send runners from courthouse to courthouse. I :‘lt's very easy to miss it, even if it's done properly," said Mary Poqnette; co-chairwoman of the National. Association of Profes- sional 'Backgr-ound Screeners. There IS no way to be absolutely sure the :person they're hiring does- not have a criminal record or a (pending case because the recor s are scattered thro 3;l42 counties!” ' ughom A survey this year by the Soci- ety_for Human Resource Man— agement found that 68 percent of ' personnel oificers said they al- ways run-criminal checks on ap- plicants._ Thirteen percent say' they sometimes do." ' r The Privacy Rights Clearing- housej a nonprofit consumer. rightsrgrotrp that handled Sniith’s casei says' it regularly receives qunfiies from applicants related to background checks. 7 . . Companies of all sizes, includ- 7 mg Wal-Mart and US Airvirays, have begn sued for _ not per arming re-em lo men background-Cheats. ' p Y’ t Massachusetts-based. Trusted Health Resources tiled- for banks rupt'cy after it was ordered to pay $26.5 million in damages iii-1993 to the family of a quadriplegic. murdered by his health aide. 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