HFT 4623 Midterm Exam Questions With
Correct Answers 100% Verified.
Socratic Method - Answer✔"I know you don't believe me, but the highest form of human
existence is to question oneself and others"
Oral Agreements - Answer✔(enforceable but hard to prove) Exception some contracts must be
in writing (statute of frauds)
Frivolous - Answer✔No legal purpose/ ground
3 branches of government - Answer✔Legislative, Executive, Judicial
Lieback v. McDonalds - Answer✔80% McDonalds fault, 20% victims fault.
Punitive damages (exemplary damages) - Answer✔damages exceeding simple compensation
and awarded to punish the defendant. ( Have a purpose, punishment, evidence that someone
acted out of malice)
Compensatory Damages - Answer✔A money award equivalent to the actual value of injuries or
damages sustained by the aggrieved party.
ex:
medical bills, lost wages & future loss
Tort Reform - Answer✔Laws that restrict people's right to go to court
American Tort Reform Association (ATRA) - Answer✔Formed in 1986 to protect companies
under them
Cap on Damages - Answer✔A limit on compensation that can be given or awarded
- Combination of both punitive and compensatory damages
- Public oversight on abuse
-Relieves wrong doer often the company from over compensating or general compensation
Collin Gourley V. Methodist Health System - Answer✔Preventable brain damage, nurse reliable,
(won yet lost due to caps on damages)
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Non-Economic Damages (in Tort) - Answer✔Disabled, injured, reproductive system effected,
needs to be compensated.
Prosecution of Oliver Diaz - Answer✔Judicial elections/ unwillingness to agree on tort reform
got turned on by U.S. Chambers of Commerce, won 1st case then indicted and acquitted twice
for tax evasions.
- case had an effect on marketing by advertisers putting out promotions on tort reform making
it seem possible.
US Chamber of Commerce - Answer✔This national organization formed in 1912 and dealt with
standards and regulations for trade.
-Membership organization of businesses and companies
-Largest lobbying group for corporations
Business groups hiding behind a false vanuer
4 sources of law - Answer✔constitutional law (Congress) , statutory/ judiciary law (Common
law) State decisis, administrative law (fed. agencies) , Legislative law (supreme court)
Law - Answer✔A body of enforceable rules governing relationships among individuals and
between individuals and their society.
- A form of social control
Set of rules used by judges in deciding disputes
informed consent - Answer✔A written agreement to participate in a study made by an adult
who has been informed of all the risks that participation may entail.
-Scope of the agreement
-Extent of duty / responsibilities
Jamie Leigh Jones v. Halliburton Co. - Answer✔Due to arbitration she was unable to take the
case to court and essentially forced into staying with the company as if nothing happened or
being terminated from the company
Mandatory Arbitration Clause - Answer✔Written in contracts that you can't take a case to court
but only to arbitration.
-Ex: Credit card agreements, cell phone contracts, health clubs, all sneak mandatory arbitration
(forced)
-Most arbitrations take place secretly and are extremely biased, often times arbitrators will side
with businesses.
-Loop hole in justice system
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