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BUL 5810 MIDTERM EXAM TEST QUESTIONS WITH UPDATED AND REVISED ANSWERS

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BUL 5810 MIDTERM EXAM TEST QUESTIONS WITH UPDATED AND REVISED ANSWERS Checks and Balances - Answer-A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power Federal Register - Answer-A publication of the U.S. government that pri...

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  • August 31, 2024
  • 7
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers

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BUL 5810 MIDTERM EXAM TEST
QUESTIONS WITH UPDATED AND
REVISED ANSWERS
Checks and Balances - Answer-A system that allows each branch of government to limit
the powers of the other branches in order to prevent abuse of power

Federal Register - Answer-A publication of the U.S. government that prints executive
orders, rules, and new/proposed regulations.

Powers of Administrative Agencies - Answer-Adopt legislative rules and regulations,
conduct investigations to see if rules have been violated, and hold hearings like courts -
but only with administrative law judge, no trial by jury.

Powers are limited (checked) by judicial review, legislative control (Congress controls
their budget), and exec. branch control (Pres. can appoint members of the agency)

Duty of Care - Answer-The duty of all persons, as established by tort law, to exercise a
reasonable amount of care in their dealings with others. Failure to exercise due care,
which is normally determined by the reasonable person standard, constitutes the tort of
negligence.

Unreasonable Searches and Seizures - Answer-Obtaining evidence in a haphazard or
random manner, a practice prohibited by the Fourth Amendment. Probable cause
and/or a search warrant are required for a legal and proper search for/seizure of
incriminating evidence.

Criminal Defenses - Answer-Legally recognized justification for illegal actions, or
acceptance that individuals were not legally responsible for their actions.

Duress: Coercion by threat.

Mistake of Fact: Honest belief that an act is not criminal.

Entrapment: Inducement by a law enforcement official to commit a crime.

Assault and Battery - Answer-Assault includes a threat or attempt to injure, and battery
includes the unlawful touching of another person without consent

Crimes Against Business - Answer-Larceny (stealing property), embezzlement, robbery
(larceny with force), burglary (larceny while victim is absent), extortion, bribery, forgery,
etc.

, Tort Causes of Action - Answer-A set of facts sufficient to justify a right to sue to obtain
money, property, or the enforcement of a right against another party

Tort Law - Answer-Law that deals with harm to a person or a person's property.

Contributory Negligence - Answer-A theory in tort law under which a complaining party's
own negligence contributed to or caused his or her injuries.

Comparative Negligence - Answer-A theory in tort law under which the liability for
injuries resulting from negligent acts is shared by all parties who were negligent
(including the injured party), on the basis of each person's proportionate negligence.

Five Elements of Negligence - Answer-Duty of Care: standard of conduct

Breach of Duty: defendant failed to exercise reasonable care

Factual Cause: the harm the plaintiff sustained was a direct cause of the defendant's
breach of duty

Harm: the harm must be substantial and reasonable.

Scope of Liability: the harm sustained must be in consistency with the legal system.
Example: You can't sue a banana vendor if you slip on a banana peel a mile away from
his store.

Strict Liability - Answer-The legal responsibility for damage or injury even if you are not
negligent. Imposed for any activity that (1) creates a foreseeable risk of harm and (2) is
not one of common usage

Reasonable Standard of Care - Answer-The degree of care that a reasonable person
would exercise under all the circumstances

Independent Contractor - Answer-An independent contractor is one hired to accomplish
a task or result but who is not subject to right of control by employer; IC tend to have
specialized skills or knowledge; IC tend to work for many employers; employment/labor
laws do not necessarily apply to ICs

Employee - Answer-Under the control of the employer - employer withholds income tax,
etc. from wages, and also requires employee to abide by certain schedules/employment
laws

Agents - Answer-Intermediaries who assist in the sale and/or promotion of goods and
services but do not take title to them. Agents have the power to affect the legal rights
and duties of the principal.

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