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Antonio is investigating Sam on behalf of their employer, XYZ Company. During the investigation, Antonio tells a group of their coworkers who are not involved in the investigation that he discovered Sam has a serious gambling addiction, which is true. Assuming that their jurisdiction has civil laws for all of the following causes of action, which one would give Sam the BEST chance for success if he decides to bring a civil action against Antonio?

A.

Public disclosure of private facts

B.

Negligent misrepresentation

C.

Slander

D.

Defamation

Which of the following statements is TRUE regarding criminal proceedings and discovery in adversarial jurisdictions?

A.

Most criminal proceedings are divided into pretrial, investigative and trial phases

B.

Parties typically cannot request evidence from each other until after the trial begins.

C.

The majority of criminal discovery usually occurs before the trial begins.

D.

The judge is the primary driver of the discovery process in criminal proceedings.

A business files for bankruptcy with the goal of obtaining relief from creditors so that it can rearrange its financial affairs and continue as a going concern. Which of the following describes this type of bankruptcy proceeding?

A.

Reorganization bankruptcy

B.

Debt adjustment bankruptcy

C.

Debt dismissal bankruptcy

D.

Liquidation bankruptcy

Which of the following statements concerning examinations of expert witnesses in most inquisitorial jurisdictions is accurate?

A.

Both the parties and the judge may determine how much consideration should be given to an expert ' s testimony.

B.

Both the parties and the judge may question an expert ' s credibility.

C.

Only the parties are allowed to make objections regarding an expert ' s biases.

D.

Only the judge is allowed to question the expert ' s analysis and the methods that they used in their determinations.

Samson Inc. operates in a jurisdiction that prohibits unreasonable workplace searches and surveillance in areas or items where employees have a reasonable expectation of privacy. In which of the following areas or items can an employee at Samson Inc. most likely have a reasonable expectation of privacy during a workplace search?

A.

A personal mobile phone brought to the office from home

B.

A laptop computer that was issued by Samson Inc.

C.

A desk drawer in a communal workspace

D.

A recycling bin in the employee’s office

In jurisdictions that allow for corporate criminal liability which of the following is typically required for the corporation to be vicariously liable for the acts of one of its employees?

A.

Management was directly involved with the offense

B.

Management knew of the underlying offense but did not correct it

C.

The corporation had previous violations of a similar nature

D.

The employee was acting within the scope of their employment

Which of the following is NOT a legal element that must be shown to prove a claim for fraudulent misrepresentation of material facts?

A.

The victim relied on the misrepresentation

B.

The defendant acted negligently

C.

The defendant made a false statement (i, e., a misrepresentation of fact)

D.

The victim suffered damages as a result of the misrepresentation

Which of the following is generally one of the goals of deferred prosecution agreements?

A.

To help reduce the risk of future illegal practices by an organization accused of misconduct.

B.

To save trial resources by getting the defendant to plead guilty to a less serious offense.

C.

To postpone prosecution until a company conducts an adequate internal investigation.

D.

To increase the likelihood of conviction if a company is accused of subsequent misconduct.

Which of the following is required for a contract, transaction, or scheme to qualify as an investment contract?

A.

The investment must not have been made with expectations of making a profit.

B.

The investment must be made in cash.

C.

The investment is in a common enterprise.

D.

The investment activity is managed solely by the efforts of the investor and no others.

All of the following are methods of pretrial civil discovery commonly found in common law jurisdictions EXCEPT:

A.

Affidavits of documents or records

B.

Written examinations

C.

Injunctions

D.

Oral examinations