BUSINESS LAW TEST ONE FALL 2010 MANAGEMENT 3540

Name:

Student No.:

Please fill in your tests Version Number (found on the last page) in the space for district on your answer
sheet and in the space for Special Codes. Fill in the dots for your name LAST NAME FIRST and fill in the
dots for your student number on your answer sheet. In completing the exam, fill in the number on the
answer sheet corresponding to the alternative that BEST completes the statement or answers the question.
1. John is a reformed burglar and safe cracker. A gang forces John at gun point to help them rob a
bank. They leave John out of the getaway car and John gets caught. What is/are his best defense(s)
to the charge of robbery?
1. Mistake
2. *Duress
3. Consent
4. Entrapment
5. Entrapment and Duress
2. Henry is running late for his train from Jefferson City to Kansas City, MO. As the train departs, he
leaps toward the train. An employee spots Henry about to leap and attempts to help him make it on
the train. H negligently pushes Henry so hard that he makes the train but his backpack does not.
Unknown to the employee, there was a package of fireworks in the backpack that explodes when it
hits the ground, causing a railroad scale to tip and badly injure an old woman waiting on her train on
the loading platform. If the old woman sues the railroad for the employees negligence, which of the
following is the railroads best chance to avoid liability?
1. The old woman assumed the risk by standing on the loading platform.
2. Contributory negligence of the old woman
3. Comparative negligence of the old woman
4. *The negligence was not the proximate cause of the womans injury.
5. The negligence was not the cause in fact of the womans injury.
3. Habeas Corpus is:
1. The right to counsel
2. *The right to challenge the basis for incarceration
3. The right to reading of charges against you
4. Pressing charges
5. Criminal intent
4. Fred lightly pats Tony on the back as they walk down the street as he tells him good job for the work
he did last week at Freds business. Unknown to Fred, Tony is unusually afraid of physical contact,
so he tenses up in fear, chokes on his gum, has a seizure, and later dies in the hospital. Tonys wife
wants to sue Fred. Based on these facts she is likely to prevail if she sues for:
1. Negligence
2. Assault & Battery
3. Battery
4. All Three
5. *None of the above
5. Frank walks by his friend Joes house and notices that Joes car is gone. Being strapped for cash,
Frank decides to see if Joe has a key hidden somewhere. He finds one in a fake rock, and goes in
the back door to find valuables he can sell. He finds Joes Ipod and takes it. What crime or crimes is
Frank guilty of?
1. Burglary
2. Larceny
3. Robbery
4. All of the above
5. *1 and 2 only

6. Frank is extremely intoxicated when he comes home from the bar Saturday night. He mistakes his
neighbors house for his own and breaks open the door in order to get in and go to sleep. Once
inside Frank immediately realizes this is not his house and leaves. If Frank is later charged with
burglary what will be the likely result?
1. Guilty, because he broke into a building
2. Innocent, he was under duress because he wanted to go to sleep
3. Innocent, his neighbors consented by allowing him in the house earlier that day
4. *Innocent, he lacked the required intent
5. Guilty, intoxication is never a defense to a crime
7. Frank files a complaint against Billy Joe for wrecking his car in a District Court in Missouri. (For this
problem assume that the court has proper jurisdiction.) Frank then loses at the trial level. If Frank
immediately appeals to the next highest level which court has he appealed too?
1. Circuit Court of the County
2. The Missouri Court of Appeals
3. Associate Division of the Circuit Court
4. *The Circuit Court of Appeals
5. The Missouri Supreme Court
8. Dexter Morgan is a serial killer who targets bad people like child molesters. One day after tracking
arch-nemesis, Quatro, Dexter sees him about to Rita in a public park. Dexter grabs a large rock, and
throws it at Quatros face. Quatro ducks and the potted plant hits Rita in the back of the headshe
found out what happened after the incident. Quatro runs off. What is Dexter liable for?
1. Battery only as to Rita
2. Assault only as to Quatro
3. Assault and battery on both Quatro and Rita
4. 1 and 2
5. *None of the abovehe had the privilege to take these actions.
9. Danny & Jules go to dinner at TGI Fridays after receiving a gift card for the restaurant. The food is
awful: Dannys Steak & Lobster was more like a Salisbury steak and shrimp and Jules Rum & Coke
was just Coke. They decide to leave before the check comes, and this is viewed as similar to
shoplifting if there is no payment. The manager is unaware that they left the gift card on the table. As
they reach the parking lot, the manager confronts them and gets them to go back into the restaurant
back room. He locks them in the room for 4 hours, and then calls the police, who promptly come and
question the two diners. Danny and Jules find their server, who says she used the gift card to pay the
bill. The police release the two at that point. If Danny & Jules sue TGI Fridays for false imprisonment,
will they win?
1. No, there was no intent.
2. No, TGI Fridays had probable cause to believe a crime was being committed as they were
unaware of the gift card at the time of the detention.
3. No, they used a reasonable manner to detain Danny & Jules.
4. *Yes, they detained Danny and Jules for an unreasonable amount of time
5. None of the above
10. Bobby is charged with a crime and a date for trial is set. What is the process for his attorney and the
prosecutor to gather information in preparation for trial?
1. Discovery
2. Discretion
3. Information
4. *Disclosure
5. None of the above.

11. Bob sues Debbie in an alleged breach of contract action for $10 million. The issues have become
highly complicated over this 10-year contract, so the court orders the parties to go through a
summary jury trial to attempt to resolve the issue. If the jury states that Debbie should only be liable
for $100,000 dollars, which of the following could Bob do?
1. He could appeal the decision to the Circuit Court of Appeals.
2. Nothing, it is a binding decision by the jury.
3. *Proceed to trial; the jurys decision was not binding.
4. Take the $100,000 dollars because Debbie is obligated to pay the amount specified by the jury.
5. 2 & 4
12. Bo Pelini is the Nebraska football coach, and he is known for his intensity on the sidelines and for his
goofy facial expressions. The Maneater takes a picture of Pelini making a weird face on the sidelines
while yelling at his players. The next week The Maneater prints the picture under a headline reading:
Study Says Drug Use Is Popular With Football Coaches (Particularly In Nebraska.) Pelini is
outraged, what kind of Invasion of Privacy tort can he sue for?
1. Intentional Infliction Of Emotional Distress
2. Defamation
3. Misappropriation of likeness or name
4. *False light publicity
5. None of the above
13. A plaintiff commences an action asking the court to issue an injunction (a court order) to stop a
neighbor from trespassing on her land, in what court should the plaintiff sue and who determines the
facts in question?
1. Common Law Court and Jury
2. Equity Court and Jury
3. Procedural Court and Judge
4. Substantive Court and Jury
5. *Equity Court and Judge
14. A Geologist studied land in the Rocky Mountains. A week later, he sees an ad for cigarettes that has
a picture of him in the mountains with a quote apparently attributed to him, They make you feel like
you are in the mountains. If the geologist wants to stop this ad, which of the following lawsuits would
give the Geologist the best chance of winning?
1. Intentional Infliction of Emotional Distress
2. Negligent Infliction of Emotional Distress
3. Defamation
4. Intrusion on solitude
5. *Misappropriation of likeness
15. I believe laws are simply man madeits the government that keeps us from being animals. Theres
nothing higher than the law of government. This quote best fits under which philosophy of law?
1. Natural law
2. *Positivist
3. Legal realist
4. Traditionalist
5. Communist
16. Homer sues his neighbor Flanders in Missouri Circuit Court, alleging trespass because Flanders cut
down a tree near Homers property line. Flanders was served with a summons from the court.
Thinking the lawsuit is ridiculous, Flanders never files an answer. What is the likely result?
1. Case is automatically dropped when Flanders doesnt answer.
2. *If a motion for default judgment is filed by Homer, the court will grant the motion.
3. The court must file interrogatories to be mailed to Flanders to find out why there wasnt an answer.
4. The court must file an order with the local clerk to give Flanders more time to answer.
5. 3 and 4 only.

17. Two parties decide to present the controversy between them to a third party who will enter a binding
decision on the matter. What form of ADR have the parties chosen?
1. Mediation
2. Summary Jury Trial
3. *Arbitration
4. Negotiation
5. None of the above.
18. Joe sees a brand new 2010 Camero parallel parked downtown, and he decides he wants it. Joe
breaks in and drives the car away intending to keep it. This is known as:
1. Robbery
2. Burglary
3. *Larceny
4. Embezzlement
5. Both 1 and 4
19. Joe was pulled over for swerving while driving and was later convicted of a DWI (Driving While
Intoxicated). He faces a maximum sentence of six months imprisonment in a Missouri county jail.
Therefore, a DWI is classified in Missouri as a
1. *Misdemeanor
2. Infraction
3. Felony
4. Class A Infraction
5. Offense
20. John was involved in a major auto accident. Prior to trial, Johns attorney orally questions a witness
to the accident, in-person and under oath. This is a(n):
1. Interrogatory
2. Affidavit
3. Request for Admission
4. Reasonable Reliance Statement
5. *Deposition
21. Johns attorney is at trial on account of a car accident, in which John was one of the drivers. Both the
plaintiff and the defendant have had the opportunity to present their entire case to the court. Johns
attorney is now summarizing Johns case to the jury, making a logical and emotional argument in
attempt to get the jury to see the case in favor of John. Johns attorney is:
1. Cross-examining the evidence
2. Appealing the verdict
3. *Making a closing argument
4. Exercising his right of nonfeasance
5. Conducting voir dire
22. Law involving wrongs committed against a person or entity, who then enforce their rights by filing a
lawsuit to obtain money or other remedies, is known as
1. Criminal Law
2. *Civil Law
3. Substantive Law
4. Procedural Law
5. None of the Above

23. McFly decides to pledge a Fraternity. During a Pledge Lineup, McFly is told to stand in a line with
his other pledge brothers while active fraternity members yell at him, quiz him on fraternity
knowledge, and dump beer on his head periodically. McFly quits the house and now his mother
wants him to sue the fraternity for battery. Which of the following defenses or facts, if found to be
true, could help the fraternity win at trial?
1. John assumed the risk by pledgingfraternities haze people and John knew it.
2. McFly signed a written form consenting to mild hazing.
3. Beer poured on the head is not offensive to a reasonable person.
4. All of the above
5. *2 and 3 only
24. Moe from Missouri sues Tex from Texas in connection with an auto accident that occurred in
Columbia, MO. Moes car was worth 100,000 dollars and was totaled in the accident. Which court or
courts have jurisdiction to hear the case against Ted?
1. Missouri State Court
2. Missouri Federal Court
3. Texas State and Federal Court
4. *All of the above
5. 1 & 2 only
25. Phil gets injured when the bus he is riding gets into an accident. He sues the bus company for the
injuries he sustained as a result of the accident. Phil alleges that the accident was the fault of the bus
driver. Phil loses his lawsuit because the jury concludes the bus driver was not at fault. If Phil thinks
of a better argument to win, then sues the bus driver again for the same injury, what will allow the
court to dismiss the case?
1. Class Action
2. *Res Judicata
3. Standing
4. All of the above
5. 2 & 3 only
26. Police officers smell marijuana smoke coming from an apartment and proceed to break down the
door and search the apartment. The search reveals one pound of marijuana. Assuming there were
no exigent circumstances, this marijuana is inadmissible as evidence in a criminal trial because:
1. Fourth Amendment
2. Exclusionary Rule
3. Sixth Amendment
4. 2 and 3
5. *1 and 2
27. Smiley Bball is a well-known college basketball coach who is also rumored to be unfaithful to his
wife. Before a game, Smiley is walking down an empty hallway at Mizzou Arena and a member of the
Antlers student cheering group hops out of nowhere and whispers in Smileys ear: Smiley cheats on
his wife with undergrads. If this incident happened as stated, and Smiley sues for defamation, which
of the following allegations will logically work to remove liability from the Antler?
1. The statement is not a statement of fact
2. The statement is false
3. The statement is not injurious to Bill Selfs reputation
4. *It was impossible for anyone but Smiley to hear the statement
5. The statement was not in writing

28. Sweet Lew is the head of ticket sales for a semi-professional basketball team. Sweet Lew tells
potential season ticket holders that the best seats go to the ticket holders who donate the most
money to the team. On this basis, George Brett and several other wealthy people donate large
amounts to the team. Sweet Lew was actually planning to embezzle the tickets for seats closest to
the floor to sell them at high prices for his own profit. After these best tickets have been held back,
Sweet Lew allocates the leftover tickets based upon donation amount, and scalps tickets for the best
seats. George Brett, the #1 donor, gave $250,000 and was upset that he did not get court-side seats.
George wants to sue Sweet Lew for $250,000 alleging fraud. What is Sweet Lews best chance of
avoiding liability?
1. George Bretts reliance was not reasonable
2. *The court finds the statement on use of the best seats was simply a prediction
3. The seat location was not material
4. George Brett did not suffer any damages
5. There was no intent to deceive
29. The city of Columbia enacted a general ban on smoking in public buildings. This ban is an example
of which of the following types of laws?
1. A Municipal Ordinance.
2. A Substantive Law
3. A Procedural Law
4. All of the above
5. *1 & 2 only.
30. Tom from Texas wishes to sue his sister Marge from Missouri over the distribution of assets under
their fathers will, a matter of probate law. If the assets are worth over 100,000 dollars, their father
lived in Missouri, and all of the assets are located in Missouri what court(s) has (have) jurisdiction?
1. Missouri Federal Court
2. *Missouri State Court
3. Texas Federal Bankruptcy Court
4. Texas State Court
5. 1 & 2
31. Under which of the following circumstances would a police officers search of your house be valid
without a warrant?
1. The officer saw you with a bag of drugs and chases you into your house to keep you from
destroying the evidence.
2. The officer asks Is it OK if I search your house?, and you say, Yes.
3. A police officer lies to you and says he has a warrant, so you let him in. You then look at the paper
he handed you and realize it is a brochure for a time share.
4. All of the above
5. *1 & 2 only
32. When a plaintiff is presenting her case at trial, calls her 1st witness and questions the witness for the
1st time, this is called:
1. Summation of the Witness
2. Cross Examination
3. Redirect Examination
4. *Direct Examination
5. Directed verdict
33. Which of the following are motions mentioned in lecture that can be filed by an attorney with a court
on behalf of a client?
1. Motion to Dismiss
2. Motion for Summary Judgment
3. Motion for Judgment N.O.V.
4. *All of the above
5. 1 and 2 only

34. Which of the following correctly lists the order of priority among state laws, from highest authority to
the lowest?
1. Administrative Rules, the Constitution, Municipal Ordinances, Statutes
2. Statutes, Constitution, Administrative Rules, Municipal Ordinances
3. The Constitution, Statutes, Municipal Ordinances, Administrative Rule.
4. The Constitution, Administrative Rules, Municipal Ordinances, Statutes
5. *The Constitution, Statutes, Administrative Rules, Municipal Ordinances
35. Which of the following is are protections granted by the Sixth Amendment?
1. Right to counsel
2. Right to a speedy trial
3. Right to remain silent
4. All of the above
5. *1 and 2 only
36. Which of the following is NOT a type of discovery:
1. Request for Admission
2. Deposition
3. *Summary Jury Trial
4. Interrogatory
5. Request for Production
37. Which of the following is NOT an exception to the presumption that a warrantless search is invalid?
1. Exigent Circumstances
2. The person gives valid consent
3. *The person admits that he has a prior criminal conviction
4. The search is incident to a lawful arrest
5. All of the above are exceptions
38. Which of the following is persuasive authority?
1. Common law
2. Uniform Commercial Code
3. Restatement of Contracts
4. All of the above
5. *2 and 3 only.
39. While at a party with his roommate Bob, Wilson was punched from behind by a drunk at the party.
Wilson decided not to file a lawsuit, but Bob filed a lawsuit against the alleged tortfeasor for battery in
the Missouri county where the party took place. Bob was neither hit nor close enough to be hit. If the
court dismissed Bobs case, it is most likely because:
1. The court lacked jurisdiction.
2. The principles of res judicata.
3. The principles of stare decisis.
4. The case was filed in the wrong venue.
5. *Bob lacked standing.
40. You just bought a new I-Pad. You left the I-Pad on your couch in the living room. Your roommate
invited his nosey girlfriend over, she finds your I-Pad and she takes it home so she can write a paper.
You look everywhere for your I-Pad but dont find it until she returns it a few hours later. What type of
tort action would work against your roommates girlfriend?
1. *Trespass to Chattels
2. Trespass to Land
3. Conversion
4. All of the above
5. None of the above

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