To use the assumption of the risk defense successfully, a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm the defendant caused.

In some situations, the law specifies the duty of care one individual owes to another. 
TRUE

The plaintiff must first establish that the defendant owes a duty to the plaintiff. In some particular situations, the law specifies the duty of care one individual owes to another.

The courts generally hold that landowners have a duty to protect individuals on their property. 
TRUE

The courts generally hold that landowners have a duty of care to protect individuals on their property.

When negligence per se applies, the plaintiff is required to show that a reasonable person would exercise a certain duty of care toward the plaintiff. 
FALSE

Res ipsa loquitur literally means "the thing speaks for itself." The plaintiff uses this doctrine to allow the judge or jury to infer that more likely than not, the defendant's negligence was the cause of the plaintiff's harm, even though there is no direct evidence of the defendant's lack of due care.

A plaintiff in a negligence suit may choose whether the plaintiff wishes pure comparative negligence or modified comparative negligence to be applied by the court. 
FALSE

Choice is not involved. Most states have replaced the contributory negligence defense with either pure or modified comparative negligence.

According to the pure comparative negligence defense, a defendant must be more than 50% at fault before the plaintiff can recover. 
FALSE

According to a pure comparative negligence defense, the court determines the percentage of fault of the defendant. The defendant is then liable for that percentage of the plaintiff's damages. In modified comparative negligence, the defendant must be more than 50 percent at fault before the plaintiff can recover.

Assumption of the risk is a doctrine which makes it easier for a plaintiff to prevail in a lawsuit. 
FALSE

Another defense available to defendants facing negligence claims is called assumption of the risk. To use this defense successfully, a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm the defendant caused.

More than half the states remain contributory negligence states. 
FALSE

Twenty-eight states have adopted modified comparative negligence, thirteen have adopted pure comparative negligence, and nine have adopted contributory negligence.

To use the assumption of the risk defense successfully, a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm the defendant caused. 
TRUE

Another defense available to defendants facing negligence claims is called assumption of the risk. To use this defense successfully, a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm the defendant caused.

Implied assumption of the risk occurs when the plaintiff expressly agrees, usually in a written contract, to assume the risk posed by the defendant's behavior. 
FALSE

Express assumption of the risk occurs when the plaintiff expressly agrees (usually in a written contract) to assume the risk posed by the defendant's behavior. In contrast, implied assumption of the risk means that the plaintiff implicitly assumed a known risk.

Good Samaritan statutes impose liability upon people for refusing to stop at accident scenes. 
FALSE

Laws in some states hold that people in peril who receive voluntary aid from others cannot hold those offering aid liable for negligence. These laws, commonly called Good Samaritan statutes, attempt to encourage selfless and courageous behavior by removing the threat of liability.

Strict liability is liability without fault. 
TRUE

Strict liability is liability without fault.

If a defamation statement was originally broadcast by a company in the United States and was re-broadcast in the United Kingdom

Tort law is primarily state law. 
TRUE

Tort law is primarily state law, so states may have slightly different definitions of each tort.

When it comes to assault, apprehension and fear are considered as the same thing. 
FALSE

Apprehension and fear are not the same thing when it comes to assault.
A person may be in apprehension of physical harm but be too courageous to be afraid. An assault occurs if apprehension exists, regardless of fear.

Consent, if proven, is a defense to battery. 
TRUE

Consent mitigates the element of unwanted. A person cannot commit a battery if the other party consented to the contact.

Defense of property cannot be a defense to a claim of battery. 
FALSE

A final defense to a claim of battery is defense of property. You can use reasonable force to defend your property from an intruder. The use of deadly force in defense of property is rarely, if ever, considered justified.

Subjective opinions are subject to an action for defamation in the same way as statements of alleged fact. 
FALSE

Subjective opinions are not capable of being proved. As such they are generally not actionable as defamation.

In China, defamation can be a civil or criminal action. 
TRUE

Chinese law treats defamation similarly to U.S. law. However, in China, defamation can be either a civil or a criminal action.

Privilege is an affirmative defense in a defamation action. 
TRUE

Privilege is an affirmative defense in a defamation action. An affirmative defense, as may be recalled from Chapter 7, occurs when the defendant admits to the accusation but argues there is a reason he should not be held liable.

If a defamation statement was originally broadcast by a company in the United States and was re-broadcast in the United Kingdom without the consent of the originator of the broadcast, the U.S. company may still be held liable in the United Kingdom court. 
TRUE

If a statement was originally broadcast by a U.S. company and rebroadcast in the United Kingdom without the consent of the originator, the U.S. company may still be held liable in the U.K. Court.

The use of moral pressure is insufficient to establish false imprisonment. 
TRUE

The use of moral pressure is not enough to establish a false imprisonment.

Simply offering a better deal is not enough to create liability for intentional interference with contract when only a prospective contract exists. 
TRUE

Regarding intentional interference with contract, because the essence of business is competition, simply offering a better deal is not enough to create liability.

Congress amended the Foreign Corrupt Practices Act to conform to the Anti-Bribery Convention adopted by the Organization for Economic Cooperation and Development.

The primary purpose of criminal law is to compensate a victim. 
FALSE

Commission of the offense of grand larceny involves the theft of larger items as opposed to smaller items that can be hidden, for example, in a purse. 
FALSE

Under our criminal laws that exist today, white-collar crime is not punishable by imprisonment. 
FALSE

Congress amended the Foreign Corrupt Practices Act to conform to the Anti-Bribery Convention adopted by the Organization for Economic Cooperation and Development. 
TRUE

Mail fraud is a federal crime. 
TRUE

Embezzlement is distinguished from larceny because in embezzlement the individual does not take the property from another and is already in possession of the property. 
TRUE

China punishes embezzlement and bank fraud less severely than the U.S. 
FALSE

Under the common law, a corporation could not be considered a criminal because it was not an actual person and, thus, did not have a mind. 
TRUE

Under current law, corporations cannot be held criminally accountable for strict-liability offenses. 
FALSE

A person who is considered an infant under the law cannot be tried as an adult under any circumstances. 
FALSE

The test used to establish one's mental state when insanity is claimed is the same regardless of the jurisdiction involved. 
FALSE

The court in U.S. v. Gerson Cohen ruled that a person accused of mail fraud must place particular documents into the U.S. mail himself or herself in order to be convicted of that offense. 
FALSE

In a multilateral free trade agreement, three or more states agree to reduce and gradually eliminate tariffs and other trade barriers.

The terms international law and comparative law do not mean the same thing. 
TRUE

International law governs the conduct of states and international organizations and their relationships with one another and natural and juridical persons, while comparative law is the study of legal systems of different states.

When doing business internationally, a foreign sales representative does the same thing as a distributor. 
FALSE

Unlike the foreign sales representative, the distributor takes title to the goods and assumes the risk of being unable to resell them at a profit.

A franchise agreement is the same thing as a joint venture. 
FALSE

A franchise agreement is a contract whereby a company (known as the franchisor) grants permission (a license) to a foreign entity (known as a franchisee) to utilize the franchisor's name, trademark, or copyright in the operation of a business and associated sale of goods in a foreign state. In a joint venture with a company in the host state, the parties share profits and management responsibilities for a specific project.

Because ethical issues vary from country to country, international business persons should not take ethical considerations into account in the decision-making process. 
FALSE

International businesspersons must take ethical considerations into account in the decision-making process.

The General Agreement on Tariffs and Trade became effective in 2000. 
FALSE

The General Agreement on Tariffs and Trade (GATT) became effective on January 1, 1948.

A subsidy is a government financial contribution that confers a benefit on a specific industry or enterprise. 
TRUE

A subsidy is a government payment to a specific industry or enterprise. Subsidies can be direct transfers of funds, such as loans and grants; loan guarantees; tax credits; government procurement; and price supports.

In a multilateral free trade agreement, three or more states agree to reduce and gradually eliminate tariffs and other trade barriers. 
TRUE

In a multilateral free trade agreement, three or more states agree to reduce and gradually eliminate tariffs and other trade barriers. The North American Free Trade Agreement (NAFTA) between the United States, Canada, and Mexico is a multilateral free trade agreement.

The United States is not a party to the Central American Free Trade Agreement. 
FALSE

The United States is a party to the Central American Free Trade Agreement (CAFTA) with El Salvador, Guatemala, Nicaragua, Honduras, Costa Rica, and the Dominican Republic.

The European Union is an example of a customs union. 
TRUE

The United States has no bilateral trade agreements. 
FALSE

States may also enter into bilateral free trade agreements, which relate to trade between two states. The United States has several bilateral free trade agreements, including those with Australia, Bahrain, Chile, Israel, Jordan, Morocco, Peru, and Singapore.

According to the principle of federalism established by the U.S. Constitution, how is the authority to govern allocated?

The U.S. Constitution establishes a system of government based on the principle of federalism. 
TRUE

Congress has the power to enact legislation, but the president can veto a law that Congress passes. 
TRUE

The U.S. Constitution explicitly allows courts to review legislative and executive actions to determine whether they are constitutional. 
FALSE

Judicial review allows courts to review the constitutionality of lower courts' decisions. 
TRUE

The primary source of authority for federal regulation of business is the First Amendment to the U.S. Constitution. 
FALSE

Federal laws include laws passed by federal administrative agencies. 
TRUE

Congress can use its spending power to achieve social welfare objectives. 
TRUE

The fourteenth amendment is part of the Bill of Rights. 
FALSE

No First Amendment protections apply to corporations. 
FALSE

Not all corporate speech is political speech. 
TRUE

According to the principle of federalism established by the U.S. Constitution, how is the authority to govern allocated? 
A. It is allocated to the federal government.
B. It is allocated to the states.
C. It is allocated to local jurisdictions.
D. It is allocated to the U.S. Senate.
E. It is divided between federal and state governments.

The term ADR refers to the resolution of legal disputes through methods other than litigation.

The term ADR refers to the resolution of legal disputes through methods other than litigation. 
TRUE

Courts are generally critical and unsupportive of ADR methods. 
FALSE

A person must have a law degree in order to be a mediator. 
FALSE

A person must be a lawyer in order to perform arbitration. 
FALSE

An arbitrator is more likely to issue a compromise decision than a judge. 
TRUE

Med-arb is a type of ADR method. 
TRUE

A summary jury trial leads to a binding jury verdict. 
FALSE

In an early neutral case evaluation, the neutral provides a binding ruling. 
FALSE

Federal courts have vetoed any form of ADR. 
FALSE

Mediation is a process done only in the U.S., not in foreign countries. 
FALSE

ADR is a process done only in the U.S., not in foreign countries.
FALSE

Which of the following is a type of ADR? 
A. Consultation
B. Mediation
C. Case argument
D. Case analysis
E. Focus grouping

The word "jurisdiction" comes from the Latin terms juris, meaning "law," and diction, meaning "to speak."

Juries decide questions of law. 
FALSE

Usually the issue of ripeness arises when one party claims that a case is moot. 
TRUE

The word "jurisdiction" comes from the Latin terms juris, meaning "law," and diction, meaning "to speak." 
TRUE

In rem jurisdiction references jurisdiction over a person. 
FALSE

Under federal statutory law, Internet transactions cannot be the basis for a finding of in personam jurisdiction. 
FALSE

Subject-matter jurisdiction is a court's power to hear certain kinds of cases. 
TRUE

State courts have the power to hear all cases not within the exclusive jurisdiction of the federal court system. 
TRUE

Concurrent federal jurisdiction means that both state and federal courts have jurisdiction over a case. 
TRUE

Once a case is in the proper court system, venue determines which trial court in the system will hear the case. 
TRUE

In some cases, the U.S. Supreme Court functions as a trial court of limited jurisdiction. 
TRUE

A person who has the legal right to bring an action in court has standing. 
TRUE

Intermediate courts of appeal in the state court system exist in all states. 
FALSE

Under our system of justice, courts may issue advisory opinions. 
FALSE

The defendant responds to a complaint with an answer. 
TRUE

Because of its complicated nature, any complaint should be at least three pages long. 
FALSE

A defendant who believes that he or she has a claim against the plaintiff would include a counterclaim with the answer. 
TRUE

A reply is an answer to a counterclaim. 
TRUE

A party only has a limited number of challenges for cause in jury selection. 
FALSE

Peremptory challenges in jury selection may not be racially based. 
TRUE

In most civil cases, a plaintiff must prove her case beyond a reasonable doubt. 
FALSE

Only one party may appeal from a final judgment. 
FALSE

If an appellate judge agrees with the majority's decision, but for different reasons, the judge may write a "concurring" opinion. 
TRUE

On average, the U.S. Supreme Court hears 300 cases a year. 
FALSE