Deck 7: C: Negligence and Strict Liability

Question 1

California caps noneconomic damages in medical malpractice cases at $250,000.California and other states hope that such limits will reduce health-care expenditures by reducing

A)the frequency and severity of medical malpractice claims.
B)the frequency and severity of occurrences of medical negligence.
C)the number of legal and financial personnel,including attorneys.
D)the size of medical staffs,including "nonessential" personnel.

Answer 1

A

Question 2

ReadIt,Inc. ,develops an internationally popular Web site,tailoring its features to the censorship requirements of various governments.Critics charge ReadIt with "decapitating the voice of dissent." Ethically,the best argument in favor of ReadIt's policy is

A)ReadIt is merely following the lead of governments everywhere.
B)ReadIt is only seeking profits in lucrative markets.
C)ReadIt's action is a common international practice.
D)ReadIt's approach is a move toward more open access in the future.

Answer 2

D

Question 3

The Anti-Counterfeiting Trade Agreement is most likely to establish an international governing body to be

A)subject to the World Intellectual Property Organization.
B)under the auspices of the World Trade Organization.
C)part of the Internet Corporation for Assigned Names and Numbers.
D)separate and distinct from existing groups.

Answer 3

D

Question 4

Movies,Inc.(MI),releases on DVD Nothing to Hide,a film focusing on the lack of privacy in cy?berspace.Owen posts online computer code that cracks the DVD's encryption,allowing users to make unauthorized copies.MI files a suit against Owen.The court is most likely to rule that

A)computer code is a form of "pure speech."
B)the First Amendment completely protects computer code.
C)the First Amendment does not apply to computer code.
D)the First Amendment protects computer code to a lesser extent.

Question 5

Lauren,a basketball coach at State University,schemes to fraudulently obtain scholarships for her team's players.This is most likely

A)honest-services fraud,a federal crime.
B)a violation of collegiate athletic rules but no crime.
C)a breach of university rules but no civil or criminal wrong.
D)unethical but no crime.

Question 6

One night,Kyle discovers Lee,an intruder,in Kyle's home.Kyle shoots and kills Lee.With respect to criminal prosecution for this use of deadly force,under a duty-to-retreat law Kyle

A)is presumed innocent or may be exempt from prosecution.
B)must prove that he first told Lee to "Get out!" or to "Retreat!"
C)must prove that he first tried to retreat or that his life was in danger.
D)must prove that Lee did not try to retreat or acted without regard for his own life.