Business Law Exam 2- Auburn University; Cochran Questions And Answers Graded A+

Tort - Answer-a civil wrong for which the law provides a remedy True or false: A tort is not a crime - Answer-true Crime - Answer-An act against the law Civil Wrong - Answer-between individuals or businesses dealing with issues not concerning a law What does double jeopardy mean? - Answer-A person cannot be tried twice for the same crime in either state or federal court; you can be tried twice as a civil AND a criminal case Tort Trial - Answer-Helps the victim Criminal Trial - Answer-Helps the government solve a crime What is the greatest tort risk to businesses today? - Answer-Vicarious Liability Vicarious Liability - Answer-makes an employer liable for the torts of the employee Compensatory Damages - Answer-Out-of-pocket expenses including doctor bills, and compensation for pain and suffering, loss of enjoyment of life, loss of consortium, and loss of services. Consequential Damages - Answer-Special damages that compensate for a loss that is not direct or immediate (for example, lost wages). The special damages must have been reasonably foreseeable at the time the breach or injury occurred in order for the plaintiff to collect them. Tortfeasor - Answer-one who commits a tortTransfered Intent - Answer-when a defendant intends to harm one individual, but unintentionally harms a second person Types of intentional torts - Answer-assault, battery, false arrest, defamation, invasion of privacy Business torts - Answer--Wrongful interference with a contractual relationship -Wrongful interference with a business relationship Merchant Protection Statutes - Answer-Statutes that allow merchants to stop, detain, and investigate suspected shoplifters without being held liable for false imprisonment if (1) there are reasonable grounds for the suspicion, (2) suspects are detained for only a reasonable time, and (3) investigations are conducted in a reasonable manner. Libel - Answer-written defamation Slander - Answer-spoken defamation What must a public figure or public official prove to win a libel suit? - Answer-actual malice actual malice - Answer-statement made with either knowledge of its falsity or a reckless disregard of the truth Types of fraudulent misrepresentation - Answer-misrepresentation of material fact; intent to induce another to rely on; justifiable reliance by innocent party;damages as a result of reliance; casual connection Defamation - Answer-Act of harming or ruining another's reputation Law imposes a duty to refrain from making ______ - Answer-false statements of fact about othersMr. Cochran says that almost all media is trying to tell the truth - Answer-true True or false: privacy, as a word, is not mentioned in the constitution - Answer-true; only implied