Deck 3: Business Torts and Crimes

Question 1

On investigation, it was found that Ken, the bookkeeper at CL Corp., had stolen money from the company's account and recorded financial transactions inaccurately to cover up for his activities. For which of the following business crimes can Ken be prosecuted?

A)Larceny
B)Perjury
C)Embezzlement
D)Shoplifting

Answer 1

C

Question 2

An employee who picks up inventory tools from his office with the intent to deprive the  owners of the property is an example of larceny.

Answer 2

True

Question 3

​ To recover damages for an intentional tort, the plaintiff is required to prove that there was a breach of duty by the tortfeasor to the plaintiff.

Answer 3

False

Question 4

The Racketeer Influenced and Corrupt Organizations Act provides for the recovery of three times the damages suffered by an injured party as a result of its violation.

Question 5

Which of the following is true of the Children's Online Privacy Protection Act (COPPA)?

A)It imposes certain requirements on operators of websites directed to children under the age of 13.
B)It seeks to clarify the source of products for young consumers.
C)It is designed to prevent the infiltration of legitimate businesses by organized crime.
D)It makes the unauthorized use of another person's computer illegal.

Question 6

To establish the offense of criminal copyright infringement, a prosecutor needs to prove that the infringement was done for non-financial gain.

Question 7

In a situation where an injured party in an accident is partly to blame for the accident, which of the following is most likely to be true under a contributory negligence system?

A)The injured party cannot recover any damages because it is partially negligent in the case.
B)The injured party can recover damages only if his fault in causing the accident is 49% or less.
C)The plaintiff can claim for three times the damage if the defendant is the only one at fault.
D)The injured party cannot claim damages unless the defendant consents to it.

Question 8

To recover for a tort based on negligence, the plaintiff must show:

A)an intention to cause the consequences of the act.
B)a duty of the plaintiff to the tortfeasor.
C)an act by the defendant.
D)the breach of the tortfeasor's duty to the injured party.

Question 9

The Racketeer Influenced and Corrupt Organizations Act includes civil sanctions as well as criminal ones.

Question 10

The tort of injurious falsehood occurs when:

A)there is an unauthorized use of another's mark or name.
B)a person makes false statements of fact that degrade the quality of   another's goods or services.
C)a person attempts to tarnish a trademark by using it on low-quality goods.
D)a consumer is injured through the use of a product due to negligence on the part of the product's manufacturer.

Question 11

Which of the following is most likely to be a tort based on negligence? ​

A)Assault
B)Battery
C)Commercial disparagement
D)Automobile accidents

Question 12

Disgorgement of profits refers to:

A)the prohibition on doing business with the government.
B)the repayment of any profits received as a result of corrupt payments.
C)employees being disallowed by companies to be reimbursed.
D)employees being restricted from sharing confidential company information with outsiders.

Question 13

How are businesses legally obligated to protect customers' personal information in the face of computer hacking and privacy concerns?   Give three examples of personal data.   Is there one overarching privacy law in the United States? Explain. ​

Question 14

Payments made to governmental officials to obtain new business are treated as bribes by the Foreign Corrupt Practices Act.

Question 15

For an act to be established as a tort of injurious falsehood, the false statements of fact must be communicated by the defendant to a third person.

Question 16

A trademark must be registered before the holder is afforded any rights or protections for the mark.

Question 17

Which of the following best defines the tort of interference with a contract?

A)It occurs when the documents submitted by a party for entering into a contract are found to contain falsified information.
B)It occurs when one of the parties involved in a business relationship withdraws from the contract before the end of the contract period.
C)It occurs when a business relationship has been formed, and in some way a third party intentionally causes one party to end the relationship.
D)It occurs when a government agency helps establish the contractual terms of an agreement between two or more private vendors.

Question 18

The offering of money, entertainment, or anything of value as a corrupt payment constitutes a bribe.

Question 19

The doctrine of strict liability can make the manufacturer of a dangerously defective product liable, even if there's no proof of negligence.

Question 20

The use of rogue programs to produce abnormal computer behavior is an example of computer trespass.