PROFESSOR RICHARD GENDLER 2026
EDITION COMPREHENSIVE BUSINESS
LAW I STUDY GUIDE, COMPREHENSION
QUESTIONS, CASE BASED PRACTICE
EXAM, DETAILED ANSWER
EXPLANATIONS AND MIDTERM EXAM
PREPARATION RESOURCE
Occurs when an individual is confined or restrained against his or her will
for an appreciable period of time. - CORRECT ANSWER -False
Imprisonment
Retailers and security guards may reasonably question suspected
shoplifters and detain them for a reasonable period of time. - CORRECT
ANSWER -Shopkeeper's Privilege
Money awarded to plaintiff as reimbursement for her or his losses; based
on the amount of actual damage or harm to property, lost wages or profits,
pain and suffering, medical expenses, disability, etc. - CORRECT ANSWER -
Compensatory Damages
Purpose of Compensatory Damages: - CORRECT ANSWER -To make
plaintiff whole
,Amount of Compensatory Damages: - CORRECT ANSWER -Equivalent to all
losses caused by tort, including compensation for pain and suffering, but
not attorneys' fees.
Minimal amount that signifies defendant's behavior was wrongful but
caused no harm; usually a trivial amount, typically $1 to $5. - CORRECT
ANSWER -Nominal Damages
Purpose of Nominal Damages: - CORRECT ANSWER -To recognize that
Defendant committed tort against Plaintiff.
Compensation awarded to a plaintiff that goes beyond reimbursement for
actual losses and is imposed to punish the defendant and deter such
conduct in the future. - CORRECT ANSWER -Punitive Damages (aka
exemplary damages)
Amount of Punitive Damages based on (2) factors: - CORRECT ANSWER -1.
Severity of the wrongful conduct
2. Wealth of Defendant
Chapter 9: Negligence & Strict Liability - CORRECT ANSWER -Chapter 9:
Negligence & Strict Liability
Negligence must prove (4) elements: - CORRECT ANSWER -1. Duty
2. Breach of Duty
3. Causation
,4. Damages
5. Unfortunate Accident
Standard of care a defendant must meet in order to not subject a person in
the position of the plaintiff to an unreasonable risk of harm. - CORRECT
ANSWER -Duty
Failure to live up standard of care: - CORRECT ANSWER -Breach of Duty
(i) actual cause (cause in fact) as well as (ii) proximate cause (legal cause). -
CORRECT ANSWER -Causation
Chapter 1: Introduction to Business Law - CORRECT ANSWER -Chapter 1:
Introduction to Business Law
Relevant areas of business law applicable to human recourse management
involve (4): - CORRECT ANSWER -1. Agency law
2. Contracts
3. Employment and labor laws
4. Employment discrimination
This type of law regulates disputes between private individuals or groups.
(Ex: dispute between landlord and tenant governed by private law). -
CORRECT ANSWER -Private law
This type of law regulates disputes between private individuals and
government.
, (Ex: dumping in violation of state or federal environmental laws). -
CORRECT ANSWER -Public law
This type of law delineates the rights and responsibilities implied in
relationship between persons, or between person and their government. -
CORRECT ANSWER -Civil law
This type of law regulates incidents in which someone commits an act
against the public as a whole, such as by conducting insider trading on the
stock exchange.
- Government is plaintiff - CORRECT ANSWER -Criminal law
Put these laws in order of Hierarchy of Laws: States Statutes, U.S.
Constitutions, Common Law, state constitution, and Federal Statutes -
CORRECT ANSWER -- U.S. Constitutions
- Federal Statutes
- State Constitution
- State Statutes
- Common Law
Collection of legal interpretations made by judges, and are law unless
revoked by new statutory law. - CORRECT ANSWER -Common Law (aka
Case Law)
Past decisions in similar cases that guide later decisions thereby providing
greater stability and predictability to the law. - CORRECT ANSWER -
Precedent