Business Law Final Exam Bmgt 380

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Directions: This is an open book, open notes, exam. Read the Questions thoroughly, VERY THOROUGHLY. Think, then analyze, and 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. Obviously, the answers to the questions must be your own work. 1. Define "Stare Decisis." It is a common law doctrine under which judges are obligated to follow the precedents that are established in prior decisions. 2. Society is always the victim of a crime. 3. The burden of proof in a civil trial is where the plaintiff must prove that it was more likely than not for the defendant to be guilty based on evidence given by both parties. 4. The intent to steal is one of the essential elements of the crime of burglary. False -it is with the intent to commit a felony and in some states the intent to commit any crime. 5. The Negligence Formula is Duty + Breach + Direct Cause+ Proximate Cause + Harm = Damages. 6. Lucy throws a wet sponge at a friend. The sponge hits the friend and the water from the sponge ruins the friend’s silk jacket. Lucy has committed a/an intentional tort. 7. Lucy throws the sponge in the air, tries to catch it but misses it and it strikes the friend with the same result as in #6 above. Lucy has committed a/an unintentional tort. 8. Under which circumstance 6 or 7 above could the friend recover punitive damages? The friend could recover punitive damages under case 6 because the tort was intentional. Punitive damages are available mainly in intentional tort actions. 9. An owner of a clothing store spills a bottle of soap liquid on the floor. A potential purchaser slips on the soap, falls and breaks her arm. While she is on the floor, moaning, her hand strikes a fire
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