BLAW exam 2
Intentional misrepresentation occurs when
-a seller conceals a defect in the product -when a seller affirmatively misrepresents the quality of a product.
Zoning generally does all of the following:
-establishes land use districts within a municipality -establishes aesthetic requirements for the exterior of buildings -restricts the location of buildings on a building site -restricts the height and size of buildings on a building site
In evaluating the adequacy of a product's design, risk-utility analysis requires a court to consider:
-the social utility of the product -the likelihood that injury will occur -the cost of producing a safer alternative design -the gravity of the danger posed by the design
In _____, one person steals information about another person to pose as that person and take the innocent person's money or property or to purchase goods and services using the victim's credit information.
ID theft
Which of the following is NOT part of the Miranda rights?
If you remain silent, failure to respond to criminal interrogation can be used as evidence of your guilt.
The oral statement "My lawyer is lousy" is likely _____.
an opinion and therefore not defamatory
_____ is the threat of immediate harm or offensive contact, or any action that arouses reasonable apprehension of imminent harm.
assault
A defect in manufacture occurs when a manufacturer fails to _____.
assemble the product properly
For the _____ defense to apply to a product liability action, the defendant must prove that the plaintiff knew and appreciated the risk, and that the plaintiff voluntarily assumed the risk.
assumption of the risk
_____ is a defense that a defendant can use against a plaintiff who knowingly and voluntarily enters into or participates in a risky activity that results in injury.
assumption of the risk
The _____ doctrine is a special tort rule that imposes liability on a landowner to children who have trespassed onto his or her property with the intent to play on a hazard and are killed or injured while doing so.
attractive nuisance
Which of the following is NOT a type of real property?
automobiles
A statute of _____ requires an injured person to bring an action within a certain number of years from the time that he or she was injured by a defective product.
limitations
_____ crimes are inherently evil.
mala in se
Misdemeanors are _____ crimes; that is, they are not inherently evil but are prohibited by society.
mala prohibita
Tenancy by the entirety is a form of co-ownership of real property that can be used only by _____.
married couples
To be successful in a product liability action based on _____, the plaintiff must prove that the defendant breached a duty of due care to the plaintiff and thereby caused the plaintiff's injuries.
negligence
_____ is a tort related to defective products in which the defendant has breached a duty of care and caused harm to the plaintiff.
negligence
The violation of a statute that proximately causes an injury is _____.
negligence per se
Some states refer to involuntary manslaughter as _____.
negligent homicide
A party may enter a plea of _____, whereby the accused agrees to the imposition of a penalty but does not admit guilt.
nolo contendere
The doctrine of unintentional tort is commonly referred to as _____ negligence.
ordinary
Recovery for fraud is limited to
persons who were injured because they relied on the misrepresentation
Which of the following is NOT a common factor a court may consider in evaluating the adequacy of a product's design through risk-utility analysis?
prevailing macroeconomic market conditions
The law recognizes each person's right to live his or her life without being subjected to unwarranted and undesired publicity. A violation of this right constitutes the tort of invasion of the right to _____.
privacy
Merchant protection statutes are also known as the shopkeeper's _____.
privilege
Warrantless arrests must be based on _____.
probable cause
Zoning laws act _____; that is, uses and buildings that already exist in the zoned area are permitted to continue even though they do not fit within new zoning ordinances. Such uses are called _____ uses.
prospectively; nonconforming
_____ cause is also called legal cause.
proximate
Misappropriation of the right to _____ is an attempt by another person to appropriate a living person's name or identity for commercial purposes.
publicity
In product liability cases, a court can award _____ damages if it finds that the defendant's conduct was committed with intent or with reckless disregard for human life.
punitive
_____ damages are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff.
punitive
A conveyance of property to a church "as long as the land is used as a church or for church purposes" creates a _____.
qualified fee
A(n) _____ deed is a deed in which the grantor transfers only whatever interest he or she has in the real property.
quitclaim
_____ property is immovable or attached to immovable land or buildings.
real
Courts decide whether a duty of care is owed in specific cases by applying a(n) _____ standard.
reasonable person
If the right of possession returns to a third party on the expiration of a limited or contingent estate, it is called a _____.
remainder
A statute of _____ limits the seller's liability to a certain number of years from the date when the product was first sold.
repose
A _____ is a right of possession that returns to the grantor after the expiration of a limited or contingent estate.
reversion
Which of the following is NOT a way ownership of real property can be transferred from one person to another?
revocation
In evaluating the adequacy of a product's design, a court may apply a _____ analysis. This requires the court to consider the gravity of the danger posed by the design, the likelihood that injury will occur, the availability and cost of producing a safer design, and the social utility of the product.
risk utility
In common law, _____ is defined as the taking of personal property from another person or business by the use of fear or force.
robbery
Actionable fraud requires that the wrongdoer had knowledge that the representation was false and intended to deceive the innocent party. This is known as _____.
scientier
_____ is the intentional unlawful killing of a human being by another person that is not premeditated or planned in advance.
second-degree murder
Almost all states have enacted merchant protection statutes, also known as the _____.
shopkeepers privilege
Which of the following is NOT a form of co-ownership of real property?
sole proprietorship
The actual performance of the criminal act is called the _____.
actus reus
Which of the following is NOT one of the most common types of product defects?
breach of fiduciary duty
How many states recognize a form of co-ownership known as community property?
9
_____ relieves medical professionals from liability for _____ negligence when they stop and render aid to victims in emergency situations.
A Good Samaritan law; ordinary
Which of the following is an accurate statement regarding a hung jury?
A hung jury cannot come to a unanimous decision about the defendant's guilt.
Which of the following is a correct statement regarding a quitclaim deed?
A quitclaim deed is a deed in which the grantor transfers only whatever interest he or she has in the real property.
Which of the following is an accurate statement regarding a warrantless arrest?
A warrantless arrest must be based on probable cause and a showing that it was not feasible to obtain an arrest warrant.
The _____ makes it a federal crime to access a computer knowingly to obtain restricted federal government information.
CFAA
Two or more persons may own a piece of real property. This is called _____ ownership.
Conccurent
Which of the following is an INCORRECT statement regarding community property?
During the marriage, either spouse can sell, transfer, or make a gift of community property without the consent of the other spouse.
_____ is a tort in which the presumption of negligence arises because the defendant was in exclusive control of the situation, and the plaintiff would not have suffered injury but for someone's negligence.
Res ipsa loquitur
Which of the following is an INCORRECT statement regarding subsurface rights?
Subsurface rights are also referred to as intangible rights.
Under the _____ intent doctrine, the law transfers the perpetrator's intent from the target to the actual victim of the act.
Transferred
Suppose that a father is walking his young daughter to school when a driver of an automobile negligently runs off the road and onto the sidewalk, hitting the girl but not her father. The young girl dies from her injuries. The father suffers severe emotional distress by seeing his daughter die and manifests his distress by suffering physically. Which of the following is an accurate statement regarding the father's right to sue and recover damages from the driver of the automobile?
The father can sue and recover damages from the driver of the automobile for negligent infliction of emotional distress for the severe distress he suffered by seeing his daughter die.
Which of the following is an INCORRECT statement regarding a life estate?
The person who is given a life estate is called the proprietor.
Which of the following is an accurate statement regarding a criminal conspiracy?
To be liable for a criminal conspiracy, a person must commit an overt act to further the crime.
A manufacturer or seller is relieved of product liability if the plaintiff has been injured by a(n) _____ of a product.
abnormal missuse
_____ cause is also called causation in fact.
actual
_____ occurs when a product has been placed in packaging that is insufficiently tamperproof.
a defect in packaging
The _____ doctrine says that automobile manufacturers are under a duty to design automobiles so that they take into account the possibility of harm from a person's body striking something inside the automobile in the case of a car accident.
crashworthiness doctrine
_____ is unauthorized and harmful or offensive physical contact with another person that causes injury.
battery
Extortion of private persons is commonly referred to as _____.
blackmail
Harriet Landers is the purchasing agent for the ABC Corporation and is in charge of purchasing equipment to be used by the corporation. Neal Brown, the sales representative of a company that makes equipment that can be used by the ABC Corporation, offers to pay her a 10 percent kickback if she buys equipment from him. She accepts the kickback and orders the equipment. Both parties are guilty of _____.
bribery
A(n) _____ is defined as any act by an individual in violation of those duties that he or she owes to society and for the breach of which the law provides that the wrongdoer shall make amends to the public.
crime
In the landmark case Greenman v. Yuba Power Products, Inc., the _____ Court adopted the doctrine of _____ in tort as a basis for product liability actions.
california supreme; strict liability
In terms of negligence liability, throwing a lit match on the ground in the forest and causing a fire is a breach of a duty of _____.
care
Which of the following is NOT a recognized term for a false statement about a competitor's products, services, property, or business reputation?
commercial denunciation
The parties to a tenancy in common are called tenants in _____.
common
_____ is a form of ownership in which each spouse owns an equal one-half share of the income of both spouses and the assets acquired during the marriage.
community property
_____ is a doctrine that applies to strict liability actions that says a plaintiff who is contributorily negligent for his or her injuries is responsible for a proportional share of the damages.
comparative negligence
Suppose that an automobile manufacturer realizes that one of its models of vehicles has a defect in the braking mechanism. If the automobile manufacturer does not notify the owners of this type of vehicle of the defect and someone is injured because of the defect, the manufacturer will be liable for _____ damages for the injuries caused to the injured party. The automobile manufacturer will most likely be assessed _____ damages for its callous disregard for the safety of the public.
compensatory;punitive
A criminal _____ occurs when two or more persons enter into an agreement to commit a crime.
conspiracy
The _____ test requires demonstration that a product is more dangerous than the ordinary consumer would expect.
consumer expectation
Under the defense of _____, a party who is partially at fault for causing her own injuries is barred from recovering damages from the defendant in a product liability action.
contributory negligence
_____ is a doctrine that says that a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant.
contributory negligence
A _____ occurs when a product is designed incorrectly.
defect in design
A _____ occurs when the manufacturer fails to assemble a product properly, test a product properly, or check the quality of a product adequately.
defect in manufacturer
Suppose a manufacturer of salad dressing fails to put tamperproof seals on its salad dressings. This is an example of a _____.
defect in packaging
All parties in the chain of _____ of a defective product are _____ liable for the injuries caused by that product.
distribution ; strictly
An owner of real estate who makes a conveyance of real property "to Anna for her life" creates a _____.
life estate
Comparative negligence is also known as comparative _____.
fault
Strict liability is liability without _____.
fault
The _____ Amendment to the U.S. Constitution protects criminal defendants from cruel and unusual punishment.
eighth
The crime of _____ is the fraudulent conversion of property by a person to whom that property was entrusted.
embezzlement
Which of the following is the key element of embezzlement?
entrustment
A life estate may be measured by the life of a third party, which is called a(n) _____.
es estate pour autre vie
The _____ rule says that evidence obtained from an unreasonable search and seizure can generally be prohibited from introduction at a trial or an administrative proceeding against the person searched.
exclusionary
_____ occurs when a manufacturer does not place a warning on the packaging of products that could cause injury if the danger is unknown.
failure to warn
Mary owns a _____ in a piece of real property. This means that there are no limitations on her ownership rights. Mary owns this property while she is alive, with no conditions on her ownership rights, and she can transfer the property by will to a named beneficiary or beneficiaries when she dies.
fee simple absoloute
Sometimes a murder is committed during the commission of another crime even though the perpetrator did not originally intend to commit murder. Most states hold the perpetrator liable for the crime of murder in addition to the other crime. This is called the _____ rule.
felony murder
The _____ Amendment to the U.S. Constitution provides that no person "shall be compelled in any criminal case to be a witness against himself."
fifth
The _____ Amendment to the United States Constitution provides that no person "shall be compelled in any criminal case to be a witness against himself."
fifth
Goods that are affixed to real estate and thus become part of it are known as _____.
fixtures
The general test of proximate cause is _____.
forseeablity
The _____ Amendment to the U.S. Constitution protects persons and corporations from overzealous investigative activities by the government.
fourth
Assault and battery are usually considered _____ intent crimes.
general
An indictment is the charge of having committed a crime (usually a felony), based on the judgment of a(n) _____.
grand jury
Which of the following is NOT a type of real property?\ A.buildings B.subsurface rights C.land D.plant life E.harvested timber
harvested timber
If a person owns real property in fee simple, his or her ownership _____.
has no limitation on inheritablibity
Suppose a defendant is tried for the crime of murder. A 12-person jury hears the case. If 10 jurors find the defendant guilty but 2 jurors find the defendant not guilty, then there is a _____.
hung jury
Which of the following is an INCORRECT statement regarding the defect of failure to warn?
in terms of product defect and liability resulting therefrom, federal law does not recognize the concept of inherent danger.
Which of the following is NOT a required element of a negligence lawsuit?
intent
Which of the following torts is also referred to as the tort of outrage?
intentional infliction of emotional distress
A buyer or lessee who is injured because a seller or lessor fraudulently misrepresented the quality of a product can sue the seller for the tort of _____.
intentional missrepresentation
Which of the following are the three categories of torts?
intentional torts, negligence, and strict liability
Liability that is imposed on a party even though he or she has exercised all possible care and has not been at fault for the injuries suffered by the plaintiff is called .
liability without fault
Strict liability is
liability without fault
A false statement that appears in writing or other fixed medium is _____, while an oral defamatory statement is _____.
libel; slander
A _____ warranty deed, also known as a(n) _____ warranty deed, protects a buyer only from defects in title that were caused by the seller.
special; limited
Arson, forgery, and fraud are examples of _____ intent crimes.
specific
Activities such as crop dusting, blasting, fumigation, burning of fields, storage of explosives, and the keeping of animals and pets are usually considered activities to which _____ liability applies.
strict
In the landmark case Greenman v. Yuba Power Products, Inc., the California Supreme Court adopted the doctrine of .
strict liability
The manufacturer or seller is not liable if a product is materially altered or modified after it leaves the seller's possession and the alteration or modification causes an injury. Such alteration or modification is called a _____ event.
supervening
Joint tenancy is a form of co-ownership that includes the right of _____.
survivorship
_____ is a form of co-ownership of real property that can be used only by married couples.
tenancy by the entirety
Which of the following is NOT an element required to prove disparagement?
the defendant made the statement without intent to injure the plaintiff
Which of the following is NOT a required element of fraud?
the wrongdoer was a casual (i., a non-merchant) seller
Some states refer to voluntary manslaughter as _____.
third-degree muder
Because strict product liability is a(n) _____ doctrine, privity of contract between the plaintiff and the defendant _____ required.
tort; is not
Under the doctrine of _____ intent, the law applies the perpetrator's intent from the target to the actual victim of the act.
transfered
_____ is the intentional unlawful killing of a human being by another person that is not premeditated or planned in advance and that is committed under circumstances that would cause a person to become emotionally upset.
voluntary manslaughter
Tort is the French word for a _____.
wrong
_____ generally: 1) establish(es) land use districts within the municipality; 2) restrict(s) the height, size, and location of buildings on a building site; and 3) establish(es) aesthetic requirements or limitations for the exterior of buildings.
zoning
_____ negligence is a doctrine that says that a person is liable for harm that is caused by his or her willful misconduct or reckless behavior; in such a case, punitive damages _____ allowed.
Gross; are
