ASU - Koretz - LES 305 - Exam 2
Best practices when invoking the shopkeeper's privilege include - ✔ ✔
a. Stopping shoplifters discreetly.
b. Yelling, "stop thief" when a suspected thief leaves the store.
c. Not using physical force unless it is in response to the shoplifter's
physical force
d. a and c only.*****
e. None of the above.
Bill entered a car race knowing that there was a risk of injury or death
from a crash. Bill was seriously injured in a crash. Bill sued the owner of
the track alleging negligence. The track owner's best defense is: - ✔
✔ A. assumption of the risk*****
B. contributory negligence
C. intervening forces
D. all of the above
Bloggers, Chat Rooms, and Email: your employer is watching (Case 6.18)
- ✔ ✔ Troll Tracker was a blogger.
Sued Frenkel and Cisco for defamation
Businesses are never liable for criminal activity on their premises - ✔
✔ FALSE
,Can the courts prove mens rea of corporate officers by showing a
pattern of behavior indicating that they consciously tried to avoid
knowledge about the activities of others in the company? - ✔ ✔ Yes,
under the doctrine of conscious avoidance.*
CAN-SPAM - ✔ ✔ Controlling the Assault of Non-Solicited
Pornography and Marketing
Allows private companies to bring suit against spammers for their
unauthorized use of ISPs.
Causation - ✔ ✔ use the "but for" test
Checks and Balances - ✔ ✔ Used to curb the other branches'
exercise of power.
Commerce Clause - ✔ ✔ Regulates economic activities which
include:
-Interstate commerce
-Indian tribes
-Foreign Nations
Commercial bribery is only criminal for the recipient - ✔ ✔ FALSE
Commercial Speech - ✔ ✔ speech of business.
Comparative Negligence - ✔ ✔ jury determines the level of fault for
the plaintiff and the defendant and based on that determines how much
each of the parties will be awarded.
, Comparative negligence means - ✔ ✔ If any portion of the damages
suffered by the plaintiff were caused by the plaintiff, the plaintiff's
damages will be reduced by the amount of damages he caused.*
Comparative negligence reduces the plaintiff's recovery. - ✔ ✔ TRUE
Contributory Negligence - ✔ ✔ negligence by the plaintiff that is
part of the cause of an accident.
Corporate boards could be held liable for their failure to create and
monitor adequate internal controls to prevent fraud. - ✔ ✔ TRUE
Corporate sentencing guidelines use a culpability multiplier. - ✔ ✔
TRUE
"Car dealers are crooked" is an example of actionable defamation. - ✔
✔ FALSE
"Taking the Fifth" means: - ✔ ✔ refusing to testify to prevent self-
incrimination.*
1. A baseball fan sued ESPN, the network's announcers, Major League
Baseball and the Yankees for $10 million for defamation after he was
filmed sleeping in April 2014 during the fourth inning of Yankees game
against the Boston Red Sox. The ESPN broadcasters described him using
derogatory words, such as "stupor" and "stupid". What was a valid
reason for the court to dismiss the case? - ✔ ✔ The fan was sleeping
and the other statements were opinions.*
4th amendment - ✔ ✔ protects individual's privacy and is the basis
for requiring warrants for searches of private property.
Best practices when invoking the shopkeeper's privilege include - ✔ ✔
a. Stopping shoplifters discreetly.
b. Yelling, "stop thief" when a suspected thief leaves the store.
c. Not using physical force unless it is in response to the shoplifter's
physical force
d. a and c only.*****
e. None of the above.
Bill entered a car race knowing that there was a risk of injury or death
from a crash. Bill was seriously injured in a crash. Bill sued the owner of
the track alleging negligence. The track owner's best defense is: - ✔
✔ A. assumption of the risk*****
B. contributory negligence
C. intervening forces
D. all of the above
Bloggers, Chat Rooms, and Email: your employer is watching (Case 6.18)
- ✔ ✔ Troll Tracker was a blogger.
Sued Frenkel and Cisco for defamation
Businesses are never liable for criminal activity on their premises - ✔
✔ FALSE
,Can the courts prove mens rea of corporate officers by showing a
pattern of behavior indicating that they consciously tried to avoid
knowledge about the activities of others in the company? - ✔ ✔ Yes,
under the doctrine of conscious avoidance.*
CAN-SPAM - ✔ ✔ Controlling the Assault of Non-Solicited
Pornography and Marketing
Allows private companies to bring suit against spammers for their
unauthorized use of ISPs.
Causation - ✔ ✔ use the "but for" test
Checks and Balances - ✔ ✔ Used to curb the other branches'
exercise of power.
Commerce Clause - ✔ ✔ Regulates economic activities which
include:
-Interstate commerce
-Indian tribes
-Foreign Nations
Commercial bribery is only criminal for the recipient - ✔ ✔ FALSE
Commercial Speech - ✔ ✔ speech of business.
Comparative Negligence - ✔ ✔ jury determines the level of fault for
the plaintiff and the defendant and based on that determines how much
each of the parties will be awarded.
, Comparative negligence means - ✔ ✔ If any portion of the damages
suffered by the plaintiff were caused by the plaintiff, the plaintiff's
damages will be reduced by the amount of damages he caused.*
Comparative negligence reduces the plaintiff's recovery. - ✔ ✔ TRUE
Contributory Negligence - ✔ ✔ negligence by the plaintiff that is
part of the cause of an accident.
Corporate boards could be held liable for their failure to create and
monitor adequate internal controls to prevent fraud. - ✔ ✔ TRUE
Corporate sentencing guidelines use a culpability multiplier. - ✔ ✔
TRUE
"Car dealers are crooked" is an example of actionable defamation. - ✔
✔ FALSE
"Taking the Fifth" means: - ✔ ✔ refusing to testify to prevent self-
incrimination.*
1. A baseball fan sued ESPN, the network's announcers, Major League
Baseball and the Yankees for $10 million for defamation after he was
filmed sleeping in April 2014 during the fourth inning of Yankees game
against the Boston Red Sox. The ESPN broadcasters described him using
derogatory words, such as "stupor" and "stupid". What was a valid
reason for the court to dismiss the case? - ✔ ✔ The fan was sleeping
and the other statements were opinions.*
4th amendment - ✔ ✔ protects individual's privacy and is the basis
for requiring warrants for searches of private property.
