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Law
Q:
A proposal made by Braxton, to his friend Mike, indicating willingness to enter a contract to buy Mike's old car for $4000, fulfills which element of the formalist theory of contract law?
A. Capacity
B. Consideration
C. Mutual assent
D. Legality
Q:
The quasi-contract concept may be applied as a means of obtaining payment.
Q:
_____ outlines the laws and the procedures followed by merchants in commercial transactions.
A. Contract law
B. Commercial law
C. Trade law
D. Mercantile law
Q:
_____ characterizes any system of law that is consistently applied in the same evenhanded way, no matter who the antagonists might be.
A. Universality
B. Neutrality
C. Mutuality
D. Involvement
Q:
Clark promises to pay Mike $30 if Mike will mow Clark's yard. This is an example of a unilateral contract.
Q:
When contracting parties accept mutual obligations through oral discussion, they have created an implied contract.
Q:
Pumping gas into a car at a self-service gas station would be an example of an implied-in-law contract.
Q:
In case of an implied-in-law, the court will apply reasons of justice and fairness and may obligate one who has unfairly benefited at the innocent expense of another.
Q:
The courts have never been agreeable to the enforcement of social agreements.
Q:
Vivian believes that Ewell's contract with Mickey is unfair to Ewell. Vivian may sue since she has privity due to her interest in Ewell.
Q:
Gregory sells his land to Tim. Under the Statute of Frauds, Gregory and Tim must enter a written contract to be enforceable in the court of law.
Q:
Matthew agrees with a friend to divide the proceeds from a bank robbery that the two will commit. This agreement is void.
Q:
When there is a breach of contract, the injured party has the right to ask a court to somehow remedy the situation.
Q:
Courts award punitive damages in contract cases.
Q:
Equitable remedies are those that are imposed by the courts on innocent parties to prevent them from taking advantage of the breach by deliberately raising the amount of damages that the other party has to pay.
Q:
The UCC is a unified set of statutes designed to govern almost all commercial transactions.
Q:
Not all contracts are agreements.
Q:
A person who makes an offer is called an offeree.
Q:
Mutual assent involves the legal ability to make a contract.
Q:
Kayla provides consideration when she gives up her right to sue in exchange for a settlement payment.
Q:
When one party prevents another party from moving about freely, the first party has committed the intentional tort of false imprisonment.
Q:
Duty is an obligation placed on an individual because of the law.
Q:
Truth is not a defense to a defamation suit.
FALSE
Q:
A contract results in an obligation or a duty that can be enforced in a court of law.
Q:
Capitalism is an economic system that operates on the basis of competition and a free market that responds to the movement of supply and demand.
Q:
Admiralty courts were empowered to hear cases involving commercial disputes, and since the juries were made up of merchants, the law merchant was used to adjudicate the cases.
Q:
A security guard employed by Aria Stores accused Brentley of shoplifting and left him handcuffed to a post by a cash register for 15 minutes until local police arrived. Brentley sued Aria Stores for false imprisonment and a jury awarded Brentley $1,000 in compensatory damages and $1,000,000 in punitive damages. Does Aria Stores have a legal basis for appealing the damage award?
Q:
Jim ran a stop sign, hitting Martin's car. This makes Martin a tortfeasor.
Q:
The doctrine of respondeat superior is also referred to as vicarious liability.
Q:
Jason parked his car on a hill, but failed to set his parking brakes. The car rolled down the hill and hit another car, damaging it significantly. The owner of the other car, Yang, filed a lawsuit of negligence against Jason, who pledged that he had no intention of damaging anybody's property, and that he shouldn't be made to compensate. Discuss the methods the court and the jury could use to arrive at a fair decision.
Q:
Victoria is seriously injured when, during a thunderstorm, a large and seemingly healthy tree located on private property falls on her car. Discuss if Victoria can file a negligence lawsuit against the owner of the tree and be successful.
Q:
Ben was driving 70 miles per hour in a 55-mile-per-hour speed zone when his car hit Sandra's as she entered the highway. Ben had the opportunity to move into another lane to avoid hitting Sandra but failed to do so. Discuss the defenses of negligence available to Sandra and Ben.
Q:
Baker attends a baseball game and is hit by a foul ball while sitting in an unscreened section of the stadium. The stadium offers both screened and unscreened seats of equal quality and price. Can Baker successfully sue the stadium, the player who hit the ball, or the team the player was employed for this incident?
Q:
Kevingrove Art Gallery falsely tells art collectors that many artworks being sold by Yesse Art Gallery are forgeries. Analyze the options that Yesse Art Gallery has to bring a lawsuit against Kevingrove Art Gallery.
Q:
A tabloid journalist pays money to the trash collector of a celebrity movie star in order to obtain access to the celebrity's trash. The journalist then writes a story about the celebrity's lifestyle based upon the contents of the trash. The trash is locked in a special building on the celebrity's property and the trash collector has a key to the building and has signed a confidentiality agreement. Is truth a defense that the journalist may assert when sued by the celebrity?
Q:
If Jennifer, a landowner, wants Smith, a neighbor, to stop polluting a stream that flows into Jennifer's land, Jennifer should request a court to grant:
A. noneconomic compensatory damages.
B. economic compensatory damages.
C. an injunction.
D. an appeal bond.
Q:
Which of the following is true of survival statute?
A. It allows suits to be brought for libel after the death of a defamed person.
B. It preserves the right to bring a lawsuit only if the death is caused by negligence of the defendant.
C. It can only be brought by family members who have lost the support of the deceased.
D. It preserves the right to bring a lawsuit for personal injuries, no matter what caused the death(s).
Q:
Carey was injured when hit by a truck driven recklessly by Steven, an employee of the American Trucking Company. On what basis may Carey sue the American Trucking Company when Steven was the individual being reckless?
Q:
As a prank, Amanda rigs a bucket of water over Leslie's front door so that Leslie will be soaked when she opens the door to go to work on Monday morning. Can Leslie successfully sue Amanda for the prank?
Q:
Bishop and Thomas had been partners and had a business disagreement that was resolved by private arbitration. Bishop now knows that Thomas is seeking a loan. Based on his personal experience with Thomas, Bishop tells a banker friend that Thomas is difficult to do business with and anyone doing business with Thomas could be cheated. As a result of Bishop's statements, Thomas is denied a bank loan. Discuss what Thomas can do in this situation.
Q:
Which of the following is an element of negligence that occurs if the alleged tortfeasor has not met the appropriate standard of care?
A. Legal duty.
B. Actual harm.
C. Proximate cause.
D. Breach of Duty.
Q:
_____ demonstrates that the cause (the unreasonable conduct) led to the effect (the injury to the plaintiff).
A. Proximate cause
B. Actual cause
C. Legal cause
D. Foreseeable cause
Q:
At the conclusion of a tort trial the jury finds the plaintiff about 30% responsible for the damages she suffered and the defendant about 70% responsible for causing the damages. The jury determines the actual damages totals to $100,000. How much will the plaintiff recover under comparative negligence?
A. $50,000
B. $30,000
C. $70,000
D. $100,000
Q:
Contributory negligence:
A. allows the injured party to recover damages from the tortfeasor.
B. requires that courts assign damages according to the degree of fault of each party.
C. involves the voluntary exposure of the victim to a known risk.
D. completely prevents the injured party from recovering damages.
Q:
Ching keeps a pet snake in her apartment. While Ching is hosting a party at her apartment, the snake escapes from its cage and bites a guest, seriously injuring the guest. The guest knew before attending the party that Ching has a pet snake in her apartment. If the guest sues Ching for the injury resulting from the cobra bite, Ching:
A. will be strictly liable.
B. may defend based on assumption of risk.
C. is liable only if she intentionally released the snake from its cage.
D. has no liability since the incident was unforeseen by her.
Q:
_____ is the communication of false and destructive information about an individual through the use of electronic devices.
A. Cyberdisparagement
B. Cyberinvasion
C. Cyberdefamation
D. Cybermining
Q:
Mitch is photographed attending a public school board meeting where violent protestors attacked members of the school board. Later, when Mitch runs for the school board, a local newspaper publishes Mitch's picture next to that of the violent protestors. Mitch may:
A. sue if the newspaper writes a false article with actual malice.
B. sue for creating a false light.
C. sue the newspaper if he is able to prove the motive of the publisher.
D. sue the newspaper for both defamation and disparagement.
Q:
If Ann sued Sharon for assault, without any factual basis, and the jury ruled in favor of Sharon, Sharon in turn may sue Ann for:
A. abuse of process.
B. contributory negligence.
C. misuse of legal procedure.
D. malicious prosecution.
Q:
When the misuse of the legal procedure involves the filing of a false civil lawsuit, it is called:
A. wrongful civil proceedings.
B. malicious prosecution.
C. abuse of process.
D. invasion of privacy.
Q:
_____ occurs when false statements or actions, or a combination thereof, are made by one party in a way that causes another party to rely on those misrepresentations and then suffers an injury/loss as a result.
A. Disparagement
B. Invasion of privacy
C. Abuse of process
D. Fraud
Q:
What is the theory behind the doctrine of respondeat superior?
A. Torts committed by an employee working for an organization will result in the employee and the employer being held liable under tort law.
B. An employee may be held liable under tort law for the torts committed by his/her employer, while the employee was working at the organization.
C. An employee working with an organization and having committed a tort can be held liable for even though he/she did not intend the harm.
D. An organization is not held liable under tort law for the torts committed by its employees during their work tenure at the organization.
Q:
_____ is an obligation placed on individuals because of the law.
A. Vicarious liability
B. Juriscience
C. Duty
D. Responsibility
Q:
In a road rage incident, Jack aims a firearm at Reagan. No shots are fired and the incident is over in less than 15 seconds. Reagan may sue Jack for:
A. assault.
B. battery.
C. juriscience.
D. disparagement.
Q:
Defamation in a temporary form, such as speech, is:
A. invasion of privacy.
B. breach of duty.
C. slander.
D. libel.
Q:
_____ involves any false statement communicated to others that questions the quality of an item of property or that raises uncertainty as to who actually has legal ownership rights to the property in question.
A. Invasion of privacy
B. Defamaation
C. False imprisonment
D. Disparagement
Q:
Munchburger, a fast-food outlet, sends an employee to hand out leaflets outside Hick's Burger, a competing fast-food outlet. The leaflets falsely accuse Hick's of using horsemeat in its burgers. Hick's may successfully sue Munchburger for:
A. disparagement.
B. invasion of privacy.
C. interference with a contractual relationship.
D. proximate cause.
Q:
Cyberdefamation involves false statements communicated through the Internet to others that in some way casts doubt upon the ownership or the quality of an item of property or a product offered for sale.
FALSE
Q:
An injunction is a court order preventing someone from performing a particular act.
Q:
"Survival statues" allow the family members of an individual, who is killed as the result of a tort, to sue the wrongdoer for the loss of support from the deceased.
Q:
Wrongful death statutes preserve the right to bring a lawsuit only if the death is caused by the negligence of the person who caused the death.
Q:
What is the primary purpose of the tort law?
A. To prevent and punish criminal offenders.
B. To protect people from being tried twice for the same crime.
C. To compensate for the injured party's loss.
D. To protect victims' rights.
Q:
Tort law differs from criminal law in that:
A. tort law involves a public wrong.
B. tort law involves legal action by governmental authorities.
C. tort law protects the public.
D. tort law compensates the injured party's loss.
Q:
In most states, product liability is available as a cause of action even if the only property damaged is the defective property itself.
Q:
Cybertorts frequently involve harm to an individual's physical well-being.
Q:
An Internet service provider can be held liable for the defamatory content of a customer's posting.
Q:
Contributory negligence by an injured party prevents the injured party from recovering any damages.
Q:
Assumption of risk can be used as defense to negligence if the victim is forced to enter the risky situation because no other choice is available.
Q:
James uses fire crackers to celebrate the victory of his favorite team in the soccer finals. However, he unintentionally injures a person walking on the pavement. James can be held under strict liability.
Q:
An undercover police investigator logs into a computer chat room posing as a 15-year old girl. An older man, knowing the asserted age of the "girl", suggests that they meet at a local motel and expresses his intentions. The man checks into the motel at the pre-arranged time, and is arrested for attempted statutory rape under a state Internet enticement law. Discuss the case in brief.
Q:
Celeste, a movie star, can successfully sue a tabloid for defamation by merely proving that the statements printed in the tabloid are false.
FALSE
Q:
To successfully sue for intentional infliction of emotional distress, even without an accompanying physical injury, the actions complained of must be extreme and outrageous.
Q:
If William sues Sam for fraud just to pressurize Sam to sell his business to William, William has committed an abuse of process.
Q:
Proximate cause is the same as "legal cause."
Q:
The defense of contributory negligence involves the failure of the injured party to be careful enough to ensure his/her personal safety.
Q:
A gasoline tanker truck is speeding around a curve in the road and overturns on the shoulder of the highway. The truck catches fire due to a spark igniting the gasoline and the fire spreads through a field where it burns a house and barn. The property owner brings the driver to court and accuses him of a criminal act. Analyze the situation.
Q:
Zach sells art pieces that are altered and falsified, but convinces his customers that they are buying original artifacts. Explain the kind of crime committed by Zach.
Q:
Lane offered the mayor of Ontario $12,000 to award Lane's firm a building contract. The mayor refused the bribe. When Lane was arrested, he claimed that he was innocent of the charge of bribery because the mayor never took the money. Discuss the possibility of Lane's actions to be qualified as crime.
Q:
Jackson's wallet is stolen. The thief makes use of the identification items in the wallet to pass himself off as Jackson in order to establish fraudulent credit card accounts and, in general, disrupt Jackson's financial life. Analyze the crimes and the law violations for which the thief can be convicted?
Q:
Brooke sends e-mails to customers of a local bank, directing them to a Web site that she has created, which appears to be the Web site of the bank. The customers are directed to update their banking information by entering their credit and personal information. Analyze the crime for which Brooke can be convicted.
Q:
A hacker threatens to shut down a company's computer system unless the company pays him $10 million. Discuss the crime and federal statutes involved in the case.