Question 1

Delfino,an executive with Cartwright Corporation,orders corporate employees to unknowingly transfer corporate funds to Delfino's personal account.This use of the employees' services is most likely&#10;A)honest-services fraud,a federal crime.&#10;B)a violation of corporate rules but no crime.&#10;C)a breach of workplace rules generally but no civil or criminal wrong.&#10;D)unethical but no crime.

Accepted Answer

This scenario describes the act of honest-services fraud, which is the misuse of an employee's services or his/her fiduciary duty to the company for personal gain. It is a federal crime under the mail and wire fraud statutes.

Question 2

One night,Izzy discovers Joe,an intruder,in Izzy's home.Izzy shoots and kills Joe.With respect to criminal prosecution for this use of deadly force,in a state that has a stand-your-ground law Izzy&#10;A)is presumed innocent or may be exempt from prosecution.&#10;B)must prove that he first told Joe to &#34;Stop!&#34; or &#34;Stand your ground!&#34;&#10;C)must prove that he first tried to retreat or that his life was in danger.&#10;D)must prove that Joe did not try to retreat or acted without regard for his own life.

Accepted Answer

In states with stand-your-ground laws, individuals are generally permitted to use deadly force in self-defense without a duty to retreat first. Therefore, Izzy is likely to be presumed innocent or exempt from prosecution for using deadly force against Joe in this scenario.

Question 3

To complain about Ultra Corporation's products,Toby opens a Web site with the domain name "ultracorporationsucks.com." Ultra files a suit against Toby.If the court rules in Toby's favor,it will most likely be on the basis of

A)a likelihood of confusion.
B)a right to privacy.
C)the freedom of speech.
D)trademark law.

C

Accepted Answer

Toby's website with the domain name "ultracorporationsucks.com" is a form of expression protected by the First Amendment of the U.S. Constitution, which guarantees the freedom of speech. Therefore, if the court rules in Toby's favor, it will be on the basis of the freedom of speech.

Question 4

The Anti-Counterfeiting Trade Agreement is most likely to apply to&#10;A)pirated copyrighted works distributed via the Internet.&#10;B)personal financial information on its owner's laptop.&#10;C)legally downloaded recordings on a user's iPod.&#10;D)a business firm's trade secrets cached on the firm's server.

Accepted Answer

The Anti-Counterfeiting Trade Agreement (ACTA) is primarily aimed at combating the global trade of counterfeit goods, including pirated copyrighted works distributed via the Internet. The other options listed (personal financial information, legally downloaded recordings, and trade secrets) are not the main focus of ACTA.

Question 5

Pinpoint Data Corporation buys and sells consumers' personal information.This may violate&#10;A)businesses' duties to their customers.&#10;B)individuals' rights to their privacy.&#10;C)governments' duties and rights with respect to public welfare.&#10;D)no rights or duties.

Accepted Answer

Pinpoint Data Corporation's actions may violate individuals' rights to their privacy as their personal information is being bought and sold without their explicit consent or knowledge.

Question 6

Michigan and many other states have set limits on the amount of general noneconomic damages that can be awarded in tort cases.Noneconomic damages include damages for&#10;A)disfigurement.&#10;B)lost income.&#10;C)medical expenses.&#10;D)property damage.

Accepted Answer

Noneconomic damages refer to intangible losses such as pain and suffering, emotional distress, and disfigurement. Lost income, medical expenses, and property damage are types of economic damages, which are not subject to the same limits as noneconomic damages. Therefore, the correct option is A, disfigurement.

Deck 7: D: Negligence and Strict Liability