Straighterline Midterm Answers for three tests
Punitive damages are also called damages.
Select one:
a. special
c. liquidated
d. nominal
In addition to statements made to an attorney, the attorney-client privilege covers:
Select one:
a. information divulged to an attorney's subordinates, su...
Punitive damages are also called damages.
Select one:
a. special
b. exemplary
c. liquidated
d. nominal
The adversary system is characterized by:
Select one:
a. the idea that ultimate truth and justice will prevail if each party to a dispute is represented by
competent attorneys providing the strongest possible representation.
b. the view that attorneys can be given free reign if they do not violate legal and ethical rules
designed to ensure the fair operation of the judicial process.
c. the unconditional free reign granted to judges.
d. the notion that the effective functioning of the judicial system will be undermined if a client
does not feel free to speak with his or her attorney.
In addition to statements made to an attorney, the attorney-client privilege covers:
Select one:
a. information divulged to an attorney's subordinates, such as secretaries or paralegals.
b. statements made in the presence of people other than the lawyer or the lawyer's
subordinates.
c. statements made to a law-enforcement officer.
d. statements made only after the attorney is actually retained by a client.
The feature of decisional law in common law systems which says that a court, in making a
decision, should follow the rulings of prior cases that have similar facts is .
Select one:
a. caveat emptor
b. ex post facto laws
c. stare decisis
d. contra proferentem
Specific, reform-based proposals for changes in management structure include:
Select one:
a. government representation on the corporate board of directors.
b. government representation in corporate executive management.
c. licensing requirements for holding certain corporate positions.
, 2
d. outsourcing corporate executive management positions.
Many corporations initiate legislation in order to:
Select one:
a. head off the risk of unpredictable lawsuits in the future.
b. maximize the risk of more costly regulations for competitors.
c. ensure that all legal rules reflect social interests only.
d. ensure that their business partners are subject to more rigid constraints than is applicable to
them.
Which of the following scenarios best exemplifies groupthink?
Select one:
a. Ten officers of Jekyll Inc. are planning a business enterprise they know to be highly
profitable. Six know the plan to be illegal. Nevertheless, they do not voice their concerns,
but go along with the team's plan.
b. Four officers of Bisk Corp. devise a highly profitable plan. David, a manager, points out to the
group that the plan will likely get the company a high amount of negative publicity. David
states that he will not sanction the team's plan.
c. Ned, Oliver, and Phoebe draft plans for a new software company. They have all thoroughly
researched their plans and no one has any criticisms or concerns.
d. Barry, Ralph, and Ann are subordinates of a firm who report problems to their top managers
without any fear.
he problem with the view that a corporation should attempt to act in the best interests of all
of its various constituencies is that:
Select one:
a. this tactic ignores the corporation's suppliers.
b. corporate managers often have a better sense of what is right.
c. the values of these constituencies may conflict.
d. local communities will not benefit from these values.
The "dormant" Commerce Clause limits the authority of the states to interfere with the flow
of interstate commerce by:
Select one:
a. limiting the states from furthering only state interests.
b. limiting a state's ability to tax vendors.
c. prohibiting state legislation that unduly burdens intrastate commerce.
d. prohibiting state laws that openly discriminate against interstate commerce.
Which of the following is a correct statement regarding the Religious Freedom Restoration
Act (RFRA)?
Select one:
, 3
a. It holds that the federal government may, as a statutory matter, substantially burden a
person’s exercise of religion.
b. It does not apply to actions by state governments.
c. In instances where a generally applicable federal law substantially burdens the exercise of
religion, the government must satisfy the rational basis test.
d. It does not apply to actions by the federal government.
Which of the following statements is true of rational basis analysis?
Select one:
a. This analysis is an extremely lenient level of scrutiny that presumes the regulation is
constitutional.
b. This analysis generally requires that the classification serves important governmental
objectives and is substantially related to the achievement of those objectives.
c. Under this analysis, the statute is unconstitutional unless the government demonstrates that
it is pursuing a compelling governmental interest in the least intrusive manner.
d. This analysis generally is used to evaluate restrictions on commercial speech or
discrimination on the basis of certain suspect classifications.
The protects people from arbitrary government interference with their life, liberty, or
property rights.
Select one:
a. procedural due process
b. substantive due process
c. equal protection clause of the fifteenth amendment
d. due process clause of the sixth amendment
Dr. Reilly is a neurosurgeon. He does an interview in a talk show about his occupation and
his field. Dr. Reilly goes on to say how Phil Donrey, a famous natural healer who helps
people through his Ayurvedic methods, is bogus and how there is no science or logic behind
it. For which of the following reasons can Phil Donrey sue Dr. Reilly?
Select one:
a. Libel
b. Invasion of privacy
c. Conversion
d. False imprisonment
The tort of disparagement:
Select one:
a. requires proof of actual damage.
, 4
b. covers true statements about the personal behavior of persons in business.
c. is identical to the tort of slander.
d. does not include truth as a common defense.
Seth was shopping at a local music store looking for a CD, when he suddenly remembered
that he had an appointment with his math professor. He pulled his calendar out of his
backpack only to discover that he was late for the appointment. Seth quickly put the
calendar back into his backpack and hurried out of the store. As he made his exit from the
store, a security guard asked Seth to accompany him to an office at the back of the store to
which he consented. Once there, in private, the guard quickly searched Seth and his
backpack thinking him to be a shoplifter, but found nothing. The whole incident took less
than three minutes. Which of the following is most likely to be true regarding this incident?
Select one:
a. Seth has enough evidence against the store to sue them for defamation.
b. Seth has enough evidence against the store to sue them for false imprisonment, emotional
distress, and battery.
c. If the store belongs to a state that allows conditional privilege to store owners, the store can
stop persons it feels are shoplifting.
d. The store has no conditional privileges to stop persons it feels are shoplifting, but it is liable
for punitive damages.
are used to punish the defendant and deter the defendant and others from repeating
behavior that is particularly offensive.
Select one:
a. Punitive damages
b. Actual damages
c. Compensatory damages
d. Nominal damages
Which of the following statements is true about recklessness?
Select one:
a. Assumption of risk is not a good defense for recklessness.
b. It is best defended with a plea of contributory negligence.
c. It is more morally objectionable than negligence but less than intentional wrongdoing.
d. It is identical to intentional wrongdoing.
An intervening force, which happens after the defendant's negligent act and contributes to
the plaintiff's injury, can excuse the defendant from liability if it:
Select one:
a. could have been anticipated.
b. was proximate.
c. was unforeseeable.
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