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MGT401 Test 2
Question
1. 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.
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