BLAW exam 2 review

margie negligently drives her car into nancy who is crossing at a light. nancy sustains damages in the amount of $10,000 and sues margie. the jury determines that margie's negligence contributed 75% to nancy's injiry and that nancy's negligence contributed 25% to her injury. Under the doctrine of comparative negligence, nancy can recover

$7,500

judicial limitations on the employment -at-will doctrine have been based on:

-contract law -tort law -public policy -all of these****

Title to land may be transferred by which of the following?

-deed -will or by the law of descent upon the death of the owner -open, continuous, and adverse possession by a nonowner for a statutorily perscribed period of years -***ALL OF THESE

a court will not grant a discharge under chapter 7 to a debtor who:

-has been granted a chapter 7 or 11 discharge within eight years prior to filing -has made false claims to the court -has destroyed collateral -***ALL OF THESE

Under the common law, an employer could terminate an employee 'at will'

-if the employer believed the employee had been rude to a customer -if the employer's new supervisor just didnt like the existing employee -****BOTH A &B

An absolute privilege exists to protect which of the following defendants in defamation cases?

-members of congress on the floor of congress -statements made by the president of the US in the discharge of official duty -statements about a third party made to one's spouse when the couple is alone -***ALL OF THESE

June's car was parked just outside the east door of the Civic Center. When she tried to exit, three ominous-looking gang members were blocking that door. She called the police who arrested the three for loitering. If June brings suit against them for false imprisonment

She will lose if there was another exit she could have used

intentional harm tot he person includes which of the following torts?

assault

The civil rights act of 1964 would scrutinize which of the following situations?

A woman engineer was denied a job for which she was qualified

Regarding employment of individuals with disabilities, which statement is false?

All of the statements are true

The _______ is responsible for enforcing federal anti-discrimination laws.

EEOC

edward is hired to manage fred's business. which of the following is FALSE regarding edward's authority?

Edward can hire employees, but he cannot fire them without Fred's consent

Millard has an allowed claim of $5000 against the estate of tabitha and has a security interest in her art collection in the amount of $3000 of the $5000 claim

Millard has a secured claim for the amount of $3000 and an unsecured claim amount of $2000

a pandemic has forced your electronics business to reduce its work force dramatically. You go to your Human resources department and tell the manager to 'cut the payroll by 40% immediately'. not wanting to hurt your friends, all recent college graduates, you decide to simply terminate everyone over the age of 50. Which statement is correct?

This would be a violation of ADEA

Claims of unequal pay for jobs that are different or work is different, but deemed to be on 'comparable worth' to the employer may be brought uner:

Title VII

a deed ordinarily contains all of the following except

a description of the consideration

Your company has been charged with violating the civil rights act of 1964. Which of the following is NOT a potential defense?

a documented customer preference

albert and bianca own a farm left to them by their father. Per the deed, when one of them dies, the ownership will automatically pass to the other who will own the property alone. which type of ownership is this?

a joint tenancy

the elements of common law negligence includes

a legal duty owed by one person to another, breach of that duty, and damages proximately caused by the breach

which of the following is a true statement concerning a life estate?

a life estate is an ownership right in property for the life of any individual designated by the grantor

Under the equal pay act:

a man could be paid more than a woman for the same kind of work is he produced more on a piece-rate basis

langdon leases his hayfield to tom for a period of ten years. what interest does langdon have in the land?

a reversion

Active recruitment of minority applicants to meet hiring goals is termed:

affirmative action

which of the following are activities that give rise to strict liability?

all are correct

In a disparate treatment case:

all of these

the contractual duties owed by a principal to an agent are the duties of

all of these

in determining the duty of care owed by a defendant using the reasonable person standard, the court will consider which of the following factors?

both the existence of emergency conditions and also a physician's training and years of experience

The family and medical leave act:

applies to private employers with 50 or more employees and governmental employers

assume frank violates a statue which is intended to protect restaurant patrons from food poisoning by requiring restaurant owners to install special refridgeration equipment. frank may be sued under a standard of care based upon this statue if:

barry, a patron, becomes violently ill after eating tainted (bad) chicken salad

Bodily contact that is harmful or offensive can give rise to the tort of:

battery

in order for a deed to be effective between the purchaser and the seller of real estate, the deed must:

be delivered by the seller with the intent to transfer title

Bob owns a business delivering coffee and donuts within the downtown area of the city. Smith Co. calls him to deliver a large quantity of his products to their local office. While taking a coffee urn through the Smith Co.'s office, Bob drops it on Lester, scalding him. Who is liable? a. Smith Co. and Bob are liable. b. Bob alone is liable. c. Lester has to absorb the cost himself since he assumed the risk by working at Smith Co. d. Only Smith Co. is liable.

bob alone is liable

a trustee in bankruptcy may avoid which of the following?

both fraudulent and voidable preferences

Cal sprayed pesticide on his crops in a very careful manner on a windless day. Nevertheless, some of the pesticide spray fell on his neighbor's side of the fence and contaminated the feed for the chickens. The chickens died, and the neighbor sues. What is the likely result?

cal is liable because spraying pesticides is an abnormally dangerous activity

lorene and carolyn own a farm as joint tenants. when lorene dies, her share will pass to:

carolyn

which chapter of the bankruptcy act allows for the adjustment of debts of an individual with regular income?

chapter 13

julian threw a brick at will, intending to hit him. If the brick instead hits anna, julian has:

committed a battery

Andrew noticed Michael and his pregnant wife Georgette walking down the street and drove his car within inches of Michael, as a joke. Michael wasn't injured, but his wife suffered severe mental distress and needed to be hospitalized in order to save the pregnancy.

committed the tort of infliction of emotional distress against georgette

which of the following debts would be discharged in bankruptcy?

consumer credit loans for a stove

Alice posted a poster of Baron's name and photograph in a list of the FBI's top ten criminals. Baron has never been convicted of any crime and is horrified by the thought of being considered a criminal. This:

could be either defamation or false light

an agent with actual authority is not normally liable on a contact he makes with a third party on behalf of a

disclosed principal

A characteristic of a tenancy in common is that:

each co owner has an undivided interest in the property and has the right to possession

which of the following is/are considered in determining the application of the reasonable person standard?

each of these are considered

A/An ________ is a sudden, involuntary event calling for immediate action, that is considered when determining whether conduct was reasonable in a negligence lawsuit

emergency

a _________ is a person in a position of trust and confidence who has a duty of utmost loyalty and good faith

fiduciary

sam is george's agent. george decides to fire sam. mel is an old customer of georges and he has dealt with sam for over 20 years. mel orders goods from sam after sam has been fired but mel has no knowledge of the firing. which of the following statements would apply to this scenario?

george will be liable for the contract with mel because he did not give mel notice that sam has been terminated

Richard writes a letter to Sarah authorizing her to sell his car and sends a copy of the letter to Saxton, a prospective purchaser. If the next day Richard sends a letter to Sarah revoking her authority, but he fails to notify Saxton, Sarah:

has apparent authority with respect tp saxton to sell the car

Carl threw a bomb into the office of his insurance agent, intending to kill the agent because the company had disallowed his claim. The agent wasn't in the building, but the bomb seriously injured his secretary, who was working in the office.

if carl knew the secretary was in the office, even if he didnt intend to hurt her, his intent to harm the agent is transferred to the secretary who can sue carl for her injuries with an intentional tort cause of action

In an article about a prominent judge, a newspaper indicates the possibility that the judge had organized crime connections. The judge sues. The judge will have a cause of action:

if the statement, which was untrue, was made with malice

By law, all apartment buildings in Mary's state must have smoke alarms in the ceilings. If Mary suffers smoke inhalation because the smoke alarm in her apartment building was not yet installed and Mary sues the owner for negligence, Mary would have to prove:

injury and causation

the duty of a possessor of land to persons who come on the land usually depends on whether those persons are:

invitees, trespassers, or liscensees

Francenie was digging a trench to install a drainage pipe along her property line and she accidentally tunneled under a small area on her neighbor's property. The entry onto the neighbor's property:

is a trespass

A gratuitous agent

is subject to the same duty of loyalty as other agents

if brantly grants anderson a life estate in brantly's property for anderson's lifetime and then brantly dies, what happens to the land when anderson dies?

it reverts to brantly's heirs

Henry was burning leaves in his backyard. One of the burning leaves was lifted by the wind into Emilio's yard next door. It landed on the lawn mower which exploded, setting fire to the wooden lawn furniture. Henry's best argument against liability would be:

it was not foreseeable that the lawnmower would explode

a court supervised procedure in which a trustee sells the debtors nonexempt assets and distributes the proceeds to creditors in accordance with the provisions of the bankruptcy code is called:

liquidation

Mark is out sailing in his boat one evening when he hears a young girl crying for help in the lake. Which of the following is true?

mark does not have a duty to help the girl unless he begins to rescue her and increases her danger

violation of a statute designed to protect underage, unlicensed drivers, as well as innocent third parties, from the consequences of juvenile car theft and "joy riding", by prohibiting car owners from leaving the keys in their car if the car is unattended, is likely to be characterized as:

negligence per se

Ashley wrote a defamatory letter regarding Brian which she mailed to Brian, but which she did not show to anyone else. Ashley has committed:

neither libel nor slander

The federal employee polygraph protection act:

prohibits private employers (with some exceptions) from using lie detector tests or test results as grounds for adverse employment decisions.

a possibility for a reverter is the complementary estate to a:

qualified fee

which of the following carries with it no warranties or guarantees of title?

quitclaim deed

the doctrine of ___________ is the basis for an employers liability for an unauthorized tort committed by an employee within the scope of employment

respondeat superios

Ruby, who was driving too fast for conditions, collided with a truck carrying explosives. The truck was unmarked, so Ruby had no way of knowing what it contained. The collision caused an explosion, which shattered glass in a building a block away. The glass injured Ida, who was working inside the building. John, who was walking down the street near the site of the collision, was seriously burned as a result of the explosion. In this case:

ruby's negligent driving is the proximate cause of john's injury

an employee is not disabled under the ADA if:

she has a disability which does not substantially limit a major life activity

Allie is authorized to sell her principal's property for $10,000. If Allie sells it for $11,000, then

she has a duty to account to the principal for the additional $1,000

Tim and Steve are roughhousing in Tim's parents' front yard when Steve intentionally pushes Tim onto the neighbor's property. the trespasser(s) is/are:

steve

one of your employees claims he is injured on the job but you dont think you have liability under the workers' compensation laws. a defense available to you in an action for worker's compensation is that:

the employee's injury happened before he came to work

A photographer taking photos of a movie star with a telephoto lens would not be guilty of intrusion if:

the movie star was in a restaurant at the time

The intentional dispossession or unauthorized use of the personal property of another is known as:

trespass to personal property

chp 3 of the bankruptcy code contains provisions dealing with the commencement of a case in bankruptcy

true

individual debtors must receive credit counseling before filing a bankruptcy petition under most circumstances

true

the bankruptcy code grants to US district courts original and exclusive jurisdiction over all bankruptcy cases

true

the court must confirm a plan of reorganization before it is binding on the parties

true

Peter lives in waco but offered a new job in dallas. he listed his home (real estate) with ron, a realtor to sell it on his behalf and the listing agreement was valid for 90 days. however, two months later, peter decided the new job was not for him and since ron had not buyer yet, decided toNOT sell the home and to move back to Waco. Thus, peter contacts Ron and revokes his authority. which statement is correct?

two of the answers are correct

an agent acts for a ___________ principal when the agent appears to be acting on her own behalf and the third person with whom she is dealing with whom she is dealing has no knowledge that she is an agent

undisclosed

a deed containing a number of promises including covenant of title, quiet enjoyment, against encumbrances, and warranty are found in a:

warranty deed

Most states have statues protecting merchants from charges of false imprisonment when detaining suspected shoplifters as long as the merchant detains the suspect

with probable cause , in a reasonable manner, for not more than a reasonable time

Prentice and mercedes are par5tners in a catering business. The law of agency

would give each of them the authority to represent and bind the business in all usual transactions of that partnership

If a sales rep who was an employee had a car wreck while calling on customers, the doctrine of respondeat superior:

would hole the principal liable for this tort of the agent