Assessment on "Legislation (B) Roman Code (C) Common Law"

Assessment 9 pages (2454 words) Sources: 0

[EXCERPT] . . . .

Legislation

(b) Roman Code

(c) Common Law

(d) None of the Above

(2) a General Principle of Liability is defined as:

(a) a Breach of Fiduciary Duty

(b) Tortious Interference with a Business Dealing

(c) One Person Failing to take reasonable care in doing an act or acting on omission

(d) All of the Above

(3) What is the correct burden of proving liability of negligence?

(a) Proving the wrongdoer's actions caused the loss

(b) Proving the infringing actions reasonable led to the loss

(c) Proving beyond a reasonable doubt that the omission caused the loss

(d) All of the above

(4) All of the following are examples of the Tort of Trespass except:

(a) Trespass on Victim's Land

(b) Trespass on Victim's Goods

(c) Trespass on Victim's Person

(d) All of the above are examples of Tortious Trespass

(5) the Common Law provides a right of action to a person even though their loss has not been shown to be caused by the actions of another person. A specific example of this would be:

(a) Individuals injuried during an action involving crossing the street

(b) Individual injured during an action during the course of employment

(c) Individuals injured while conducting illegal actions

(6) What court case did British Courts finally recognize that damages for economic loss can be obtained?

(a) Plessy v. Ferguson

(b) Hedley Byrne v. Heller and Partners

(c) Brown v. Board

(d) None of the Above

(7) True or False: Compensation for Economic Loss has been shown to develop slowly over time:

(a) True

(b) False

(8) Trespass involves the Direct action by the wrongdoer. This can involve trespass on a person's land without permission. Consider the following. If Person a comes across a plot of land without any signage, fences or obstructions and crosses said parcel to obtain access to a public access road, would Person a be held liable for Trespass if the owner of said Parcel engaged in legal proceedings?

(a) Yes- Person a should have known better

(b) Yes -- the owner can sue and be successful

(c) No-there is no evidence of direct intent on behalf of Person a to commit trespass

(d) No, the owner has no cause of action

(9) Douglas v. Stevenson (1932) established what legal principle:

(a) "Good Samaritan"

(b) Reasonable person standard in relation to the duty of care

(c) Successor Liability

(d) None of the Above

(10) it has been determined that a breach of duty has occurred. You must new prove the existence of relevant factors. Which one of the following is NOT a relevant factor in claiming a breach of duty?

(a) Evidence of the magnitude of the risk of injury

(b) Precedent case law

(c) the Character of the Defendant is NOT relevant to the action

(d) Determining if the Defendant's actions held any benefit for society

(11) Which of the following is required for a Nuisance Claim?

(a) Lack of Mens Rae

(b) Malicious Intent

(c) Substantial Interference

(d) Legal Precedent

(12) Which of the following are not elements of a Negligence Claim?

(a) Whether the Plaintiff's actions contributed to the Negligence

(b) Whether the Defendant's actions have some benefit to society

(c) Whether the Defendant's actions have unreasonably interfered with the Plaintiff's rights

(d) if the Defendant's conduct is normal

(e) All of the Above are elements

(13) How does Nuisance differ from Negligence?

(a) Nuisance involves a breach of duty; whereas Negligence does not require proof of causation

(b) Negligence and Nuisance require the proof of breach of duty in terms of tortuous conduct.

(c) Nuisance does not require the proving of the wrongdoer breached their duty of care

(14) Which of the following is not a form of compensation under Australian Civil Law?

(a) Out of Pocket Medical Expenses

(b) Loss of Future Income

(c) Pain and Suffering

(d) Loss of Enjoyment of Life

(e) All of the Above are Covered

(15) True or False: A Plaintiff can seek an injunction to stop the Defendant from causing the Plaintiff's loss.

(a) True

(b) False

(16) the German Civil Code (BGB) governs the general liability principles. The portions governing "Other Rights" has been interpreted to cover other aspects of civil liability. What is NOT covered by this "Other Rights" provision?

(a) Reputation

(b) Slander

(c) Defamation

(d) Economic Loss

(17) Under the BGB what is required proof to demonstrate injury to one of the protected interested under BGB?

(a) Breach of Fiduciary Duty

(b) Negligence

(c) Breach of Duty in terms of the Reasonable Person Standard

(d) No Causation need be proven

(18) Paragraph 826 of the BGB requires a Defendant who deliberately inflicts harm on a person to compensate the victim. This has been applied to many business actions. Which actions are covered?

(a) Intimidating Rivals

(b) Tortious Interference

(c) Causing an employee to breach their contract

(d) Both a and C

(e) All of the Above

(19) Specific statues governing strict liability do not appear in the BGB. Which types of incidents would be covered by these Specific Statutes?

(a) a Railroad operator faulty operation of a signal change

(b) One car exits a parking lot and causes a second car to swerve and strike a by standard

(c) Both a and B

(d) None of the Above

(20) Three elements are required under German Law for a cause of action under Civil Liability. These elements are?

(a) the harm must be to the Plaintiff's life, body, health and/or freedom

(b) the Defendant must have a duty to prevent the interference

(c) the Plaintiff is not required to prove the defendant acted intentionally

(d) All of the Above

(e) a only

(f) a and B. only

(21) Which of these sections of the BGB cover harm to a Plaintiff's property?

(a) 906

(b) 916

(c) 926

(d) 902

(22) Paragraph 836 of the BGB applies to harm caused by defective buildings and structures. Liability applies to the previous owner until what amount of time has passed?

(a) Never, once the property is transferred the previous owner is never liable

(b) 16 months

(c) 12 months

(d) 6 months

(23) Which Paragraph of the BGB governs harm to another's reputation

(a) 823

(b) 826

(c) 834

(d) 824

(24) the traditional legal remedy under German Law for toritious actions involves making any victim "whole." This is referred to as:

(a) Recission

(b) Recidivism

(c) Restitution

(d) Rectification

(25) Attaining Financial Compensation for the victim is governed by which paragraph of the BGB?

(a) 833

(b) 853

(c) 843

(d) 863

(26) Paragraph 847 of the BGB covers what form of compensation?

(a) Lost profits or other disadvantages

(b) Damages due to Economic Loss

(c) Out of Pocket Medical Expenses

(d) Both B. And C

(27) Article 106 in the Chinese General Principle of Law states which of the following?

(a) if one person wishes to place civil liability on another for their loss they must prove the other party was at fault

(b) This is a No-Fault provision

(c) the Plaintiff must prove the Defendant's actions benefited society

(d) the Defendant must demonstrate the Plaintiff was contributory negligent.

(28) Article 131 states which of the following?

(a) if fault cannot be determined the defendant is held completely liable

(b) if fault cannot be determined then the plaintiff is held completely liable

(c) if fault cannot be determined they may both be held liable

(d) Without fault there can be no cause of action

(29) Article 117 of the Chinese Code covers the following loss:

(a) Physical Injury

(b) Personal Property Damage

(c) Defamation

(d) None of the Above

(e) 118

(f) 119

(g) 117

(h) 131

(30) Which Article of the Chinese Code covers Damage to the Environment?

(a) 131

(b) 119

(c) 124

(d) 144

(31) Which one is not a remedy under Chinese Law?

(e) Cessation of Infringement

(f) Removal of Obstacles

(g) Payment of Breach

(h) Restitution

(i) All of the Above or Remedies

(32)Which one of these is not an aspect of the modern corporation?

a. The Corporation is treated as a separate entity

b. The Shareholders have no liability

c. The Corporate Officers are personally liable for the debts of the corporation

d. All of the Above

(33) Why do so many corporations choose to incorporate in Delaware?

(a) No Corporate Tax

(b) Favorable Regulatory Environment

(c) Fluidity of the State Corporate Laws

(d) a Only

(e) B. Only

(f) a and B. Only

(g) None of the Above

(34) Before a German Stock Company can be formed what must first occur?

(a) Bylaws must be approved by the Board

(b) Articles of Association must be notarized and filed

(c) the Corporate Charter must be approved by management

(d) None of the above must be accomplished

(35) True or False: Management must prove their identity before a German Notary public before a stock company can be created

(a) True

(b) False

(36) in 2004 the European Union enacted the Statutes for… READ MORE

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