Mgmt 455 Practice Exam #1

Front 1

Small Claims Court's juridictional limit is $4,000.00.

Back 1

False

Front 2

In order to serve on a jury in Indiana, one of the qualifications is for the person to be a resident of the County where they intend to serve.

Back 2

True

Front 3

A Summons is an Order for a person to appear in Court to testify as a witness on behalf of one of the parties involved in the lawsuit.

Back 3

False

Front 4

An employer, pursuant to a Garnishment Order, is required to withhold from the weekly earnings of a judgment defendant the lesser of 25% of the employee's disposable earnings for that week or an amount by which the disposable earnings exceed 30 times the Federal minimum hourly wage.

Back 4

True

Front 5

Indiana is an at will employment state, which means that an employee may be discharged or fired from his employment at the will of the employer.

Back 5

True

Front 6

A person who has been terminated from his employment in Indiana is legally entitled to sue the employer for the return of his job if the employer did not have just cause in terminating the employment.

Back 6

False

Front 7

The Miranda Rule does require the police to provide an advice of rights to a person who has been arrested; otherwise, the charges will be dismissed against that person.

Back 7

False

Front 8

A person's voluntary statement given to the police is not admissible in a Court of law against the person unless the police have advised that person of their Miranda rights.

Back 8

False

Front 9

A criminal defendant who has obtained a Diversion Agreement from the Prosecuting Attorney's office may have their criminal conviction erased after the successful conclusion of the terms of their probation at the end of one year.

Back 9

False

Front 10

A criminal defendant is entitled to have their arrest record erased if they proceed to trial and are found not guilty by the judge or jury.

Back 10

False

Front 11

An individual who has been injured on a job may sue their employer directly for any damages that resulted from said injury.

Back 11

False

Front 12

A tort is a civil wrong for which a plaintiff may recover money.

Back 12

True

Front 13

One defense to a negligent tort is for the defendant to claim that the Plaintiff contributed to his injury and/or harm and consequently, the defendant is not liable.

Back 13

True

Front 14

An example of an intentional tort is one in which someone has made false and malicious comments about another person's reputation.

Back 14

True

Front 15

If an individual wishes to file a lawsuit against a governmental entity, that individual must first provide written notice to the governmental entity within a certain amount of time.

Back 15

True

Front 16

A person who has recovered punitive damages as a result of a reward in a lawsuit, by statute, does not receive all of the money.

Back 16

True

Front 17

The term "venue" relates to the right or power of the Court to hear a particular case.

Back 17

False

Front 18

The first step to be taken in the starting of a civil lawsuit is to file a complaint with the Clerk of the Court.

Back 18

True

Front 19

The Plaintiff's burden of proof in a civil case may be described as proof beyond a reasonable doubt.

Back 19

False

Front 20

If a store owner or manager has probable case to believe a person has committed shoplifting, the store owner or manager has a right to stop the person and conduct a physical search.

Back 20

True

Front 21

The Violent Crime Compensation Act will allow individuals who have been subjected to violent crimes recover some compensation.

Back 21

True

Front 22

A person who has been arrested and is in custody has a Constitutional right to refuse to talk to the police even though the police have provided the Miranda warnings to such individual.

Back 22

True

Front 23

A person who makes a voluntary statement to his cell mate is entitled to have that statement supressed and not used against him in a Court of law unless the police have first advised him or his Miranda Rights.

Back 23

False

Front 24

A homeowner who keeps wild animals on his/her premises will be liable to persons injured by these wild animals on the basis of contributory negligence.

Back 24

False

Front 25

Under the Doctrine of Respondeat Superior, an employer may be liable for the acts of the employee is engaged in an activity which is in furtherance of the employer's business.

Back 25

True

Front 26

A store owner who has probable cause to believe a theft has occurred may detain the person suspected of the theft and request that the person identity himself.

Back 26

True

Front 27

The injury suffered by a person from an intentional tort must be such that the injury was proximately caused by the act of the defendant and the injury must have been foreseeable.

Back 27

False

Front 28

Anyone who sells or otherwise places into the stream of commerce a product in a defective condition which is unreasonably dangerous to any user is subject to liability for harm caused by that product under a theory of negligent tort.

Back 28

False

Front 29

Persons who raise or harbor wild animals owe a duty to the public to contain the animals in a safe and secure environment.

Back 29

True

Front 30

Persons who own and harbor a domesticated animal may be liable if the owner fails to exercise due care after the animal has exhibited one act of violence.

Back 30

True

Front 31

The person who has been victimized by a violent crime may apply to the Tippecanoe County Prosecuting Attorney's Office to recover compensation such as medical expense and loss of wages.

Back 31

False

Front 32

The Indiana Tort Claims Act requires the State of Indiana to be given notice within 90 days of the incident of a person's intent to hold the State liable.

Back 32

False

Front 33

Comparative fault means that if the plaintiff has any share of fault in the incident, the plaintiff will fail to recover any money from the defendant.

Back 33

False

Front 34

In Indiana, there are no longer exemptions for individuals to be excused from jury duty.

Back 34

True

Front 35

Intoxicated, for the purposes of driving a motor vehicle while intoxicated means under the influence of alcohol drugs to such an extent that the person is drunk and unable to control the motor vehicle in a safe manner.

Back 35

False

Front 36

A subpoena is a notice to an individual that they have been sued in a civil case.

Back 36

False

Front 37

One way to serve a subpoena or a summons is for the Sheriff to leave the summons at a person's address with an individual of suitable age.

Back 37

True

Front 38

A summons may actually be served upon an individual by leaving a copy of the summons on the person's door provided the Sheriff also mails the summons by ordinary mail to that person's address and the mail is not returned by the postal service.

Back 38

True

Front 39

A judgment defendant is entitled to exempt from execution tangible property up to a value of $8,000.00

Back 39

True

Front 40

A judgment defendant may exempt up to $300.00 of money, which is maintained and held in a retirement/pension account.

Back 40

False

Front 41

A judgment defendant may exempt up to $15,000.00 for his interest in his family residence.

Back 41

True

Front 42

A judgment defendant may have an exemption of up to $300.00 for interest in stocks or bonds.

Back 42

True

Front 43

A creditor may initiate a proceeding called a "pro supp" in an effort to obtain information from the judgment defendant as to income and property subject to execution.

Back 43

True

Front 44

A person who appears in Court as a witness is entitled to be paid the loss of their wages for the time that they actually spend in Court.

Back 44

False

Front 45

An employee may be discharged for just cause if the employee has damaged the employer's property or refuses to obey instructions.

Back 45

True

Front 46

A person who appears in front of an administrative agency has a right to a hearing before an impartial hearing officer.

Back 46

True

Front 47

A person has a Constitutional right to be advised of their Miranda rights if they are placed in custody.

Back 47

False

Front 48

A person has a right to use whatever force is reasonable necessary including deadly force to protect their person and property from a criminal act.

Back 48

False

Front 49

A person who has been arrested may post a bond by cash, surety, or real estate.

Back 49

True

Front 50

It is possible to expunge or erase a person's arrest record if the person has been arrested, but no criminal charges were filed.

Back 50

True