1|Page
BUSFIN 3500 FINAL ACTUAL EXAM 200 QUESTIONS
WITH CORRECT AND VERIFIED ANSWERS
Otis Engineering Corp v. Clark - ANSWER-Matheson, employee of Otis,
was drunk on the job. His boss asked him to leave and escorted him to the
parking lot. Matheson drove home and got into a wreck, killing the wives
of Larry and Clifford Clark. The Clarks sued for wrongful death, but were
dismissed because Matheson wasn't acing within the scope of his job.
Court of appeals reversed. Generally, one person is under no duty to
control the conduct of another even if he has the practical ability to do so.
Yet, certain relationships do impose, as a matter of law, certain duties
upon parties. When, because of an employee's incapacity, an employer
exercises control over the employee, the employer has a duty to take such
action to prevent the employee from causing an unreasonable risk of
harm to others. Remanded.
what is the order of the stages of the civil legal process? - ANSWER-
pleading stage
discovery stage
trial stage
appellate stage
Uniform Arbitration Act (UAA) - ANSWER-Gives arbitrators the power to
swear witnesses and give subpoenas
affirmative defense - ANSWER-a defendant uses an _______ when her or
his answer admits that the facts contained in the complaint are accurate
but also includes additional facts that justify the defendant's actions and
provide a legally sound reason to deny relief to the plaintiff.
,2|Page
Motion to dismiss - ANSWER-upon receiving the complaint, if the
defendant believes that even though all the plaintiff's factual allegations
are true, the law does not entitle the plaintiff to a favorable judgement, the
defendant may file a ______________
Counterclaim - ANSWER-If the defendant believes he has a claim against
the plaintiff, he includes this _________ with his answer
mock trials - ANSWER-Jury selection firms set up __________ by recruiting
individuals who match the demographics of the real jury to listen to
attorney' arguments and witnesses' testimony
Shadow jury - ANSWER-parties also often hire jury selection firms to
provide _______. Like a mock trial, a _________ uses individuals whose
demographics match the demographics of a trial's real jurors.
directed verdict - ANSWER-this motion is a request for the court to
__________ for the defendant because even if the jury accepted all the
evidence and testimony presented by the plaintiff as true, the jury would
still have no legal basis for a decision in favor of the plaintiff
unfair competition - ANSWER-this tort exists because U.S. law protects
businesses action on the profit motive. Thus, when someone enters an
industry with the sole intent of driving another firm out of business, the
law punishes this act as ___________
Fiduciary Rule - ANSWER-the highest legal duty and standard for ethical
business conduct.
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Facts- employer sends an obviously intoxicated employee home in the
middle of a shift, and the employee is involved in a car collision killing
himself and the occupants of the others car, who were married to the
plaintiffs.
Presidential authority over foreign affairs - ANSWER-the president's
ability to make law regarding foreign affairs derives from the presidential
power to make treaties, subject to the advice and consent of two thirds of
the senate.
Presidential authority over domestic affairs - ANSWER-the president's
authority over domestic affairs is yet another source of law. Article II if the
Constitution of the U.S. provides that the president "shall take Care that
the Laws be faithfully executed."
Interaction among the various source of law - ANSWER-the various
sources of law in the U.S. do not operate in a vacuum. The three branches
of government frequently interact. This interaction provides a system of
checks and balances in which the branches may aid or block each other.
Legal reasoning - ANSWER-The rest of this chapter looks at a method of
thinking called legal reasoning. Legal reasoning cannot be precisely
defined. Because it is a method of reasoning, the most that can be hoped
for is a functional description of the process. Indeed, it is ironic but true
that generations of law students have been taught to "think like a lawyer"
without ever having been told explicitly just what is meant by that
statement. Although the method of reasoning that underlies legal
reasoning is not unique to the legal system, we find the method most
prominently displayed there. This is due in part to the methods and
doctrines developed by courts to guide their decision making. Because
, 4|Page
courts explain their decisions in written opinions, we turn to court
opinions for examples of legal reasoning
Precedent-Based Rationales - ANSWER-involve the basic question of
whether an earlier decision applies to the present case, or if it is in some
significant way different from the present controversy.
Policy-Based Rationales - ANSWER-Focus on who should be making
policy, rather than on the policy issues themselves
The Lawyer's Role - ANSWER-Lawyers play many roles in relation to the
business firm. They counsel the firm's managers regarding transactions,
compliance with regulations, review of contracts and a variety of other
legal matters. They draft and review legal documents. Their primary goal
as counsellors and drafters is to prevent legal problems from developing
Attorney-Client Privilege - ANSWER-The attorney-client privilege protects
only the communication between the client and the attorney. The
communication must be for the purpose of obtaining legal advice. The
underlying information is not protected. A client cannot hide information
just by telling it to the attorney. The reason for the attorney-client
privilege is to promote compliance with the law. The purpose of seeking
legal advice is to avoid violating the law. A client who trusts the attorney
not to reveal communications between them should be forthcoming with
the facts needed by the attorney to form a legal opinion. Exceptions to the
attorney-client privilege exist when there is an overriding public policy.
For example, an exception allows an attorney to disclose communication
where the client is trying to use the lawyer's services to commit a crime
or fraud.
BUSFIN 3500 FINAL ACTUAL EXAM 200 QUESTIONS
WITH CORRECT AND VERIFIED ANSWERS
Otis Engineering Corp v. Clark - ANSWER-Matheson, employee of Otis,
was drunk on the job. His boss asked him to leave and escorted him to the
parking lot. Matheson drove home and got into a wreck, killing the wives
of Larry and Clifford Clark. The Clarks sued for wrongful death, but were
dismissed because Matheson wasn't acing within the scope of his job.
Court of appeals reversed. Generally, one person is under no duty to
control the conduct of another even if he has the practical ability to do so.
Yet, certain relationships do impose, as a matter of law, certain duties
upon parties. When, because of an employee's incapacity, an employer
exercises control over the employee, the employer has a duty to take such
action to prevent the employee from causing an unreasonable risk of
harm to others. Remanded.
what is the order of the stages of the civil legal process? - ANSWER-
pleading stage
discovery stage
trial stage
appellate stage
Uniform Arbitration Act (UAA) - ANSWER-Gives arbitrators the power to
swear witnesses and give subpoenas
affirmative defense - ANSWER-a defendant uses an _______ when her or
his answer admits that the facts contained in the complaint are accurate
but also includes additional facts that justify the defendant's actions and
provide a legally sound reason to deny relief to the plaintiff.
,2|Page
Motion to dismiss - ANSWER-upon receiving the complaint, if the
defendant believes that even though all the plaintiff's factual allegations
are true, the law does not entitle the plaintiff to a favorable judgement, the
defendant may file a ______________
Counterclaim - ANSWER-If the defendant believes he has a claim against
the plaintiff, he includes this _________ with his answer
mock trials - ANSWER-Jury selection firms set up __________ by recruiting
individuals who match the demographics of the real jury to listen to
attorney' arguments and witnesses' testimony
Shadow jury - ANSWER-parties also often hire jury selection firms to
provide _______. Like a mock trial, a _________ uses individuals whose
demographics match the demographics of a trial's real jurors.
directed verdict - ANSWER-this motion is a request for the court to
__________ for the defendant because even if the jury accepted all the
evidence and testimony presented by the plaintiff as true, the jury would
still have no legal basis for a decision in favor of the plaintiff
unfair competition - ANSWER-this tort exists because U.S. law protects
businesses action on the profit motive. Thus, when someone enters an
industry with the sole intent of driving another firm out of business, the
law punishes this act as ___________
Fiduciary Rule - ANSWER-the highest legal duty and standard for ethical
business conduct.
,3|Page
Facts- employer sends an obviously intoxicated employee home in the
middle of a shift, and the employee is involved in a car collision killing
himself and the occupants of the others car, who were married to the
plaintiffs.
Presidential authority over foreign affairs - ANSWER-the president's
ability to make law regarding foreign affairs derives from the presidential
power to make treaties, subject to the advice and consent of two thirds of
the senate.
Presidential authority over domestic affairs - ANSWER-the president's
authority over domestic affairs is yet another source of law. Article II if the
Constitution of the U.S. provides that the president "shall take Care that
the Laws be faithfully executed."
Interaction among the various source of law - ANSWER-the various
sources of law in the U.S. do not operate in a vacuum. The three branches
of government frequently interact. This interaction provides a system of
checks and balances in which the branches may aid or block each other.
Legal reasoning - ANSWER-The rest of this chapter looks at a method of
thinking called legal reasoning. Legal reasoning cannot be precisely
defined. Because it is a method of reasoning, the most that can be hoped
for is a functional description of the process. Indeed, it is ironic but true
that generations of law students have been taught to "think like a lawyer"
without ever having been told explicitly just what is meant by that
statement. Although the method of reasoning that underlies legal
reasoning is not unique to the legal system, we find the method most
prominently displayed there. This is due in part to the methods and
doctrines developed by courts to guide their decision making. Because
, 4|Page
courts explain their decisions in written opinions, we turn to court
opinions for examples of legal reasoning
Precedent-Based Rationales - ANSWER-involve the basic question of
whether an earlier decision applies to the present case, or if it is in some
significant way different from the present controversy.
Policy-Based Rationales - ANSWER-Focus on who should be making
policy, rather than on the policy issues themselves
The Lawyer's Role - ANSWER-Lawyers play many roles in relation to the
business firm. They counsel the firm's managers regarding transactions,
compliance with regulations, review of contracts and a variety of other
legal matters. They draft and review legal documents. Their primary goal
as counsellors and drafters is to prevent legal problems from developing
Attorney-Client Privilege - ANSWER-The attorney-client privilege protects
only the communication between the client and the attorney. The
communication must be for the purpose of obtaining legal advice. The
underlying information is not protected. A client cannot hide information
just by telling it to the attorney. The reason for the attorney-client
privilege is to promote compliance with the law. The purpose of seeking
legal advice is to avoid violating the law. A client who trusts the attorney
not to reveal communications between them should be forthcoming with
the facts needed by the attorney to form a legal opinion. Exceptions to the
attorney-client privilege exist when there is an overriding public policy.
For example, an exception allows an attorney to disclose communication
where the client is trying to use the lawyer's services to commit a crime
or fraud.
