Essay

Business Law I Mid-Term Examination

Directions: This is an open book, open notes, take home examination. Of course, you may not consult with other students during the exam. Read the questions thoroughly. Think, then analyze, then answer. Some questions can be answered in more than one way. Credit for those questions will be dependent on your explanation. THIS EXAM IS DESIGNED TO MEASURE NOT JUST MEMORY, BUT YOUR ABILITY TO USE THE MATERIAL WE HAVE COVERED.

1. One usable definition of "The Law" is "The Rules of the Game." T F

2. The common law concept in which the law is developed by case decisions which are considered precedent is Stare Decisis

3. The victim of a crime may be a person but it is also always prone to human rights violation.

4. Any crime must have two elements; Actus Reas and mens rea.

5. The burden of proof in a criminal trial is the same burden as in a civil trial. T F

6. If a person is found to be just a little bit more likely guilty than not guilty in a criminal trial, he may be convicted. T F

7. In a civil trial the Plaintiff must prove the liability of the Defendant beyond a reasonable doubt. T F

8. Burglary is defined under the common law as breaking and entering into a dwelling house in the night, with the intent to commit a felony. T F

9. A crime may be a tort but a tort may never be a crime. T F

10. The duty that is breached in the commission of a tort comes from duty of reasonable care .

11. The two major categories (theories) of torts are Intentional and statutory torts.

12. Lucy goes to a doctor with a pain in her right side. The doctor diagnoses the pain as a simple upset stomach. He says take some Alka Seltzer and call me in the morning. She does as the doctor says. At 2 AM she is rushed to the hospital with acute appendicitis. The same doctor, realizing his prior error and wishing to do a super job, decides to start the operation immediately (although he might have waited for the more...