GBL 385 Exams 1-3

Stewie walked up to Brian's bed while Brian was passed out drunk and Stewie kissed him on the cheek, wished him a good night, and went to his own room. Brian hates when Stewie touches him and has repeated told Stewie NOT to ever touch him. Brian was so drunk he does not know that Stewie kissed him that night. Stewie has committed

Assault Defamation **Battery** Assault and Battery No tort at all

Raj assaulted Berry in a tavern, causing medical expenses and lost wages. Which of the following is true?

**a. Raj may be prosecuted by the state for a criminal offense and Berry may sue him for money damages.** b. If Raj is convicted of criminal assault, Berry is not allowed to sue him for money damages since that would violate the double jeopardy clause of the Constitution. c. If Berry refuses to press charges against Raj, the state cannot initiate a criminal proceeding against him. d. Berry can either elect to sue for money damages or proceed with criminal charges.

Sheldon throws a rock intending to hit Howard but misses and hits Raj instead. On the basis of the tort of battery, Raj's best case is against:

**a. Sheldon.** b. Howard. c. the rightful owner of the rock. d. no one.

Cary Granite, a well-known local lawyer who was so prominent he was essentially a town celebrity, was the subject of a newspaper article concerning a trial in which he was involved as counsel. In that article, Cary Granite was reported to have been disbarred in another state ten years previously. It is not true of Cary Granite, but of his cousin, Frank Stone. Cary Granite will win a suit for defamation against the newspaper:

a. simply by proving the falsity of the statement. b. only if Frank Stone was not disbarred. **c. only if he can prove that the paper acted with actual malice.** d. only if he can show harm to his character resulted from the statement.

A criminal trial is similar to a civil trial, but there are some significant differences. These differences are:

a. the defendant is always the government in a criminal trial. **b. burden of proof on the prosecution is to prove guilt beyond a reasonable doubt in a criminal trial.** c. the defendant is required to testify. d. All of the above.

Revocation of an offer takes place when

a. the offerer has been properly notified. **b. the offeree has been properly notified.** c. a proper counteroffer is made. d. the offeree properly refuses the offer.

Lee has been declared incompetent by the court and is under the care of his sister. Without his sister's knowledge, Lee rents the 30,000-seat civic center for his birthday party. Lee's contract to rent the civic center is best described as a:

a. valid contract. b. voidable contract. **c. void contract**. d. quasi contract.

An illegal contract generally would be considered

a. valid. b. voidable. c. implied. **d. unenforceable.**

Fred 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. Fred:

cannot be liable to the secretary for any torts because he did not intend to hurt her. **can be sued by the secretary for her injuries based on an intentional tort cause of action because Fred's intent to harm the agent is transferred to the secretary.** has committed a crime, but he is not liable for any torts. has committed the tort of intrusion.

Individuals may use reasonable force to protect themselves, their property, and other individuals. In this context, reasonable force would mean:

deadly force is reasonable to protect property. deadly force is never reasonable to protect property. deadly force is reasonable if an attack threatens the victim with serious bodily harm. **Both (b) and (c).**

The main purpose of the Bill of Rights was to:

enumerate all of the rights of U.S. citizens. list the powers of the federal government. **provide for restrictions on the power of the federal government.** provide limitations on the powers of individuals.

An intentional tort requires

harm an intentional act resulting in a tort duty breach of duty proximate cause ALL THE ABOVE

Cameron is an accountant in the accounting department of Insys. Cameron's son's College tuition is due within a week, or he cannot continue taking classes. To meet the due date, Cameron transfers funds from Insys to a bank account he opens with the name of a fake business. Cameron is planning to repay the firm within one month. The transfer is discovered before the firm is repaid, and Cameron is arrested. What crime, or crimes, if any, has Cameron committed?

larceny robbery **embezzlement** **fraud**

Which of the following are listed in Michigan's jury instructions as required elements of Larceny:

That the defendant is 18 years of age or older that the defendant took someone else's property hat the property was taken without consent. that there was some movement of the property. defendant intended to permanently deprive the owner of the property ALL BUT "that the property was taken without consent"

The Independence Day video (linked on d2l) involves

the crime of arson the crime of domestic abuse Science Fiction Will Smith ALL THE ABOVE

The fraudulent converion of another's property by one in lawful possession of it is:

theft. robbery. **embezzlement.** larceny.

Upset about the outcome of the 2016 Presidential election, a group of students at Big State University (BSU) burn an American flag as an act of political protest. One of the students is arrested for violating a state law that prohibits flag burning. The Supreme Court has ruled that laws making it illegal to burn an American flag:

a. are void because they deny a person due process rights. b. are void because a state court has no power to prosecute a person for burning the federal flag. **c. are void because they violate a person's right to freedom of expression.** d. are valid and enforceable laws

In order to satisfy the statute of frauds, a writing must

a. be a formal written document drafted by an attorney. **b. be signed by the defendant and contain the name of each party, the subject of the agreement, and the essential terms and promises.** c. be notarized. d. All of the above.

An offer need not take any particular form to have legal validity. To be effective, however, it must:

a. be spoken directly to the offeree. b. always contain the price of the product or service offered. c. always contain the place of delivery. **d. be communicated to the offeree.**

Express contracts and implied contracts are:

a. both genuine contracts. b. equally enforceable. c. voidable for lack of capacity. **d. All of these.**

Howard had a written contract with Sheldon to purchase some cattle. Unknown to either party, the cattle had died. The contract was discharged by

a. breach. b. full performance. **c. impossibility.** d. mutual agreement.

A contract that has a purpose that is against public policy:

a. can still always be enforced if it is signed by both parties. b. is enforceable if the parties have capacity and mutual assent and they exchange consideration. **c. has no legal remedy available for breach.** d. All of the above e. none of the above

The UCC Battle of the Forms rule:

a. changes the common law mirror image rule. b. only applies to the sale of goods c. may result in formation of a contract different from the terms of the offer. **d. All of these.**

According to the UCC, an enforceable agreement involving the transfer of title of goods from a seller to a buyer for a price is called a(n):

a. commercial contract. b. express contract. c. formal contract. **d. sale.**

If two parties fully perform an oral contract that should have been in writing,

a. either party can have the contract set aside because it was not in writing. **b. the statute of frauds no longer applies.** c. the contract is illegal. d. the parties are guilty of fraud.

Fred and Barney are taking a business law course at Big State University (BSU). They are arguing about what happens when there is a conflict between a state and federal law. You overhear them and you know that generally the _______ law will prevail because of the:

a. federal; federalism doctrine. **b. federal; Supremacy Clause.** c. state; paramount doctrine. d. state; Interstate Commerce Clause.

Barney wrote a letter to his friend Fred offering to sell Fred an 80-acre farm for $200,000. After mailing the letter, Barney learns that the farm is actually worth $300,000 and changes his mind about selling. Barney:

a. has made a firm offer to Fred which cannot be revoked. **b. can revoke his offer at any time before acceptance, because there is no consideration to keep the offer open.** c. must keep the offer open, because this is an option contract. d. is prohibited from revoking his offer to Fred under the doctrine of promissory estoppel.

A minor who disaffirms an executed agreement with an adult

a. is bound for life. **b. ends the agreement with no further obligation.** c. must inform the adult in a notarized writing. d. must return any consideration over $1000 received from the adult.

Penny is working hard on Kennedy's mayoral campaign. She thinks that just a few more votes could win the election, so she promises to pay her friend Violet $50 if she will register and vote for Kennedy. Violet does so, but Kennedy loses the election, and Penny now refuses to pay. Penny's agreement to pay Violet:

a. is enforceable. **b. is unenforceable and opposed to public policy.** c. is an agreement to obstruct the administration of justice. d. is an unconscionable contract covered by the UCC.

After Buck found Chandler's wallet, Chandler orally promised to pay Buck $100. Chandler _____ legally bound to pay because the consideration for her promise was______.

a. is not; present. **b. is not; past.** c. is; future. d. is; illegal.

FredEx includes the following on its mailing receipts: We are not responsible for any damages to packages whether or not through the intentional or reckless fault or negligence of our employees. Send packages at your own risk. Penny reads this clause but sends her watch back to the manufacturer to be repaired anyway. The watch is destroyed when the DP driver uses the package for a ball and tosses it to his buddy. Penny is:

a. out of luck because the clause was communicated to her. b. out of luck because she should have insured the package. c. likely to collect from DP since exculpatory clauses always violate public policy. **d. likely to collect from DP because it attempted to excuse intentional and reckless behavior.**

Gibson entered into a written agreement with Benny to purchase a painting from Gibson art gallery. In the meantime, without the knowledge of either party, the painting was destroyed in a fire. This contract was discharged by

a. performance. b. breach. c. mutual agreement. **d. impossibility.**

Chandler offered to sell his used car to Bing for $2,000. Bing declined. The offer has been terminated by

a. performance. b. mutual agreement. c. revocation. **d. rejection.**

The purpose of awarding an injured party money damages for breach of contract is to

a. permit the injured party to avoid the contract. b. punish the party that breached the contract. **c. compensate the injured party for the loss suffered.** d. permit the injured party to make a profit.

An agreement to rob a bank is an example of a

a. quasi contract. b. voidable contract. **c. void contract.** d. contract implied in law.

To undo a contract and put the parties where they were before they made the agreement is called

a. restitution. **b. rescission.** c. reliance. d. remediation.

Mia offers Nevin, a building inspector, money to overlook the violations in her new warehouse. Nevin accepts the money and overlooks the violations. Mia is charged with the crime of bribery. The crime occurred when

​Mia decided to offer the bribe. *Mia offered the bribe.​* ​Nevin accepted the bribe. ​Nevin overlooked the violations.

Leonard offers to sell his diamond ring to Amy. If Penny overhears the offer and says, I accept the offer:

**a. Penny cannot accept the offer, because it wasn't made to her.** b. this is a valid acceptance. c. the offer has not been communicated to the offeree. d. this is an invitation seeking offers and not an offer.

2. Stewie and Brian are taking a class in Business Law at Big State University (BSU). They are studying together and having an argument over the purpose of some of the key clauses of the Constitution. Brian would be correct if he stated that the federal government has the authority to regulate business, both interstate business as well as intrastate business provided that the intrastate business had a substantial impact on the national economy. The ______________ clause of the Constitution grants the federal government this authority.

**A. Commerce Clause** B. Due Process Clause C. Supremacy Clause D. Takings Clause E. None of the Above

Billy hires Bob to move Billy's office furnishings and equipment from Billy's old office to his new office. Since his furnishings are being moved, Billy figures this would be a good time to take a vacation so he heads to the Bahamas. Bob successfully moves all of Billy's office furnishings and equipment with the exception of one 52 inch flat screen tv. While moving Billy's items, Bob noticed that Billy had several such tvs and figured Billy wouldn't notice one missing. Billy figures out that Bob did not deliver one of his tvs and calls the police. What crime did Bob commit?

**A. embezzlement** B. trespass C. robbery D. burglary E. larceny

Sheldon was driving a car with defective brakes very slowly down Fifth Avenue looking for a parking place. Amy ran out into the street five feet in front of his car. Amy was not crossing in the designated crosswalk. Sheldon could not avoid hitting her. What is Sheldon's best defense to the charge of negligence?

**Amy illegally crossed in the middle of the street, which was a superseding cause of the accident.** Sheldon was not negligent since he did not have a statutory duty to keep his brakes in top condition. Amy had a mental deficiency. Sheldon was lawfully seeking a parking place and did not see her jump out.

Which of the following is NOT considered to be an alternative method of dispute resolution?

**Special verdict** Negotiation Arbitration Mediation

Taylor, a pop star is under contract to give a concert in the Warner Theater. Suppose serious illness prevents her from giving the concert on the agreed date. In this situation,

**Taylor would be released from the contract and would not be liable for any damages or losses incurred by the theater.** the theater would be obligated to accept performance by another celebrity whom Taylor sends as a substitute Taylor would have the right to give the concert when she recovers. Taylor would be released from the contract but would be liable for damages or losses incurred by the theater

If Fred mistakenly hits Betty with his truck and kills her, when he intended to hit and kill Wilma, his intent to kill Wilma is transferred to Betty, regardless of whether he even knew Betty, for the purpose of fulfilling the mental element of the crime. (In other words, the "intent follows the bullet")

**True** False

Amy, a microbiologist, is injured when she slips and falls on Howard's sidewalk. Howard is a neurosurgeon.To determine whether Howard owed a duty of care to Amy, Howard is subject to the standard of

**a reasonable person.** a neurosurgeon a realistic person. a recognizable person. a reliable person.

In a criminal case, which of the following is true:

**a) Criminal defendants are entitled to have an attorney present while being questioned** b) Law enforcement may never question defendants without a defense attorney present c) The defendant must prove their case beyond a reasonable doubt d) All federal crimes are felonies

A(n) ________ contract involves the exchange of a promise for an act.

**a) unilateral** b) executed c) bilateral d) executory

Dean owns a ranch in Montana. Pete wants to go 4 wheeling and drives his Jeep off the road and onto Dean's land. Pete commits trespass if he​

**a) ​does not have Dean's permission to drive on the property.** b) ​harms the property in a material way. c) ​drives onto the property for recreational purposes. d) ​harms the property in any way.

Which of the following represents a unilateral offer?

**a. I will pay you $50 if you mow my lawn.** b. I will pay you $50 if you promise to trim that tree. c. (a) and (b) d. none of the above

It was October and Todd had been unemployed since August. Todd decided he needed some money so he started to read internet sites about how to run a con for profit. He decides to try the furnace gig. He goes to the Salavation Army Store and buys a blue workman's shirt with the name "Bob" in a circle above the left pocket. Todd grabs his toolbox and then goes into a neighborhood he knows has a large senior citizen population. Todd goes door to door. When an elderly person answers, he tells them he is conducting furnace checks. If they invite him in to check his furnace, he goes into the basement and then comes up a few minutes later and tells them they need an expensive part or their furnace will explode in just a matter of days. When the Senior's tell him they want him to fix their furnace, he tells them to write him a check for $400 and that he will pick up the necessary part tomorrow morning and then be back before noon to install it for them at no extra charge. Todd does this to 12 seniors in the neighborhood. He cashes their checks and lives on their money for the next couple of months. Todd doesn't know anything about furnaces and he never intended to fix the furnaces.

**a. Todd has committed the crime of fraud** b. Todd has committed the tort to fraud c. Todd has committed no crime. People have an obligation to be reasonable and prudent and that does not include being gullible. d. None of the above

Penny is injured in an incident precipitated by Amy. Penny files a tort action against Amy, seeking to recover for the damage suffered. Damages that are intended to compensate or reimburse a plaintiff for actual losses are

**a. compensatory damages.** b. reimbursement damages. c. actual damages. d. punitive damages.

Aaron bet Davis that a certain candidate would win the presidential election. Aaron's candidate won the election, but Davis refused to pay the bet. If Aaron and Davis live in a state where gambling is unlawful, Aaron

**a. could not enforce the agreement.** b. could not enforce the agreement because the agreement involves usury. c. could enforce the agreement since it wasn't made in a casino. d. could enforce the agreement if Aaron and Davis are both professional gamblers.

Larry goes to his barber who has cut his hair for the past several years. The barber proceeds to cut his hair as they talk about the most recent snow storm to hit the area. This is an example of an

**a. implied contract**. b. executed c. express contract. d. (a) and (b)

Chandler orally promised his daughter a silver bracelet as a gift. Chandler _______ legally bound ______.

**a. is not; because a promise to make a gift is unenforceable.** b. is not; because he never intended to give the gift. c. is; because the consideration was adequate. d. is; if the gift was too expensive.

A person who enters into a written contract while intoxicated

**a. still is bound by the written contract.** b. may avoid the contract upon becoming sober. c. can disaffirm the contract. d. waives all rights in that agreement.

Agreements of people who suffer from periods of temporary insanity but who have not been declared legally insane by a court can be disaffirmed by

**a. the temporarily insane person in a period of normalcy.** b. the other party to the agreement. c. either party. d. all of the above.

Barry promised to pay Mr. Mower $50 if he repaired a lawnmower. Mr. Mower repaired the lawnmower but has not been paid yet. At this point, this contract is

**a. valid, unilateral, and executory.** b. valid, bilateral, and executory. c. valid, bilateral, and executed. d. valid, unilateral, and executed.

Agreements that represent an unreasonable restraint of trade are

**a. voidable.** b. quasi contracts. c. illegal. d. valid.

Peter goes to his former boss Ray's house on Sunday evening. Peter points a gun at Ray's young daughter, threatening to hold her hostage and shoot her unless Ray agrees to go to his office and bring Peter back the files, computer, and server which contains evidence that Peter had embezzled money from the company. The Company security guard sees Ray take the equipment to his car. The next day, arrested and charged with theft, Ray's best defense would be:

**duress.** self-defense. entrapment. insanity.

Which of the following types of acts could result in punitive damages

**flagrant **unconscionable **egregious harmful

Lucy and Ethel get jobs at TJ Saxx, a discount clothing store. Their district manager comes to the store and instructs Lucy and Ethel to replace the unfamiliar brand tag on a rack of clothing and replace the tag with a fake tag with the name "Ralph Lauren" on it. Ralph Lauren is a well-recognized brand in the US. The district manager then instructs Lucy and Ethel to put the clothes with the fake tag on the racks. This is most likely

**fraud or forgery.** larceny. robbery. embezzlement

Fred wrongfully takes a package from a box from behind Mr. Slate's desk. Fred puts the carton in his car, and drives away. This is

**larceny.** burglary. robbery. no crime.

Ricky, desperate for money, walks up behind Ethel on a crowded street, and silently reaches into Ethel's pocket and takes her money, without her consent and without her immediate awareness. Since there was no force or threat of force, this constitutes the crime of

**larceny.** robbery. embezzlement. conversion.

When Benny was unable to pay the $1,500 he owed Lyndon, Lyndon agreed to let Benny paint Lyndon's house in payment. When Benny finished painting the house, his original obligation was discharged by

**mutual agreement.** impossibility of performance. disability. breach.

In lecture, the case of Danny K. was discussed. Danny was growing marijuana in his condo. The outcome of the case was

A) Danny was not convicted of any crimes B) Danny was convicted but his conviction was overturned because the police violated his 4th amendment rights C) Danny was convicted of the crimes related to the production and sale of marijuana D) Danny was not convicted because the police violated his 4th amendment rights. ALL OF THE ABOVE

Which of the following are the goals of Tort Law?

A) Pay contingency fees to attorneys **B) Discourage injured parties from privately retaliating** **C) Compensate the injured party** **D) Deter others from committing torts** **E) Humiliate the tortfeasor**

3. Stewie and Brian are taking a class in Business Law at Big State University (BSU). They are studying together and discussing the Constitution. Stewie would be correct if he told Brian that the primary powers of the Congress are found in _____________ of the Constitution?

A. Article III **B. Article I** C. The Bill of Rights D. Article II

In a negligence per se doctrine, a plaintiff can use proof of the ________ as proof of negligence.

A. invasion of privacy B. appropriation **C. violation of the statute** D. disparagement

Under the double jeopardy clause,

A. it would be unlawful for the state of Massachusetts to prosecute the Boston Bomber for the same actions he was convicted of committing in federal Court **B. the state of Massachusetts could lawfully prosecute the Boston Bomber state crimes related to the actions he was already convicted of in federal court** C. the state of Massachusetts could only lawfully prosecute the Boston Bomber for state crimes for which there is no federal equivalent crime or it would be violating the double jeopardy clause D. None of the above

Sam goes to the movies to see the last showing of the evening of "Spongebob meets the Lego Family". The movie is boring and Sam falls asleep. Without looking in the theaters, and without noticing Sam, at 2 a.m., the security guard locks the building.

If Sam wakes up, wants to leave, and is unable to exit because he is locked in, Sam has grounds to sue for false imprisonment If Sam sleeps through the night and doesn't wake up until the doors are open the next morning at which time he just walks out the back door, Sam has no grounds to sue for false imprisonment If Sam wakes up, realizes he is locked in but doesn't care, he grabs some popcorn, candy and a slurpee, snacks and falls back asleep until the next morning when the workers open up, Sam has no grounds to sue for false imprisonment **All of the above**

Your friend made the following statement: "I might sell my car next month if I can get a good price." This statement is

a. an offer to a formal contract. b. an offer to a unilateral contract. c. an offer to a bilateral contract. **d. not an offer.**

Peter walks into Paul & Mary's restaurant. Peter takes a seat at the bar and stays there until it is almost closing time. At that time Peter walks up to the Cashier in the front of the restaurant and, with his hand in the pocket of his hoody, and something with the shape of the barrel of a pistol pointing at the Cashier, Peter demands all the money in the cash register. The Cashier is terrified that Peter is going to kill her and she starts to run away. Peter sees her run and as she is running out the front door, Peter sees her talk to 2 police officers who are coming into the restaurant. The cashier is frantically pointing into the restaurant. Before the cops get in the door, Peter takes off and and runs out the back door. He did not get any money from the Cashier or the cash register. Which of the following is correct:

Peter did not commit a crime **Peter committed robbery** Peter committed battery **Peter committed intentional infliction of emotional distress**

Peter finds a wild raccoon in his backyard. Thinking the raccoon is cute, he lures it into his house with some food. As a wild animal, the raccoon commences to destroy Peter's house as well as terrorize his family. They are all bit and all have to get rabies shots. Peter finally lures the raccoon into a cage and decides that he still wants to keep the raccoon and against the advice of his family and friends, Peter thinks he can "tame" the wild beast. Peter keeps the raccoon in a cage in his backyard. He feeds the raccoon and keeps the cage locked. Peter puts up a sign on the cage stating "warning - wild raccoon - do not touch". A group of children coming home from school one day notice the raccoon and three of them decide to go pet the raccoon. The raccoon bites them all.

Peter is not liable for the kids getting bit because he exercised more than reasonable caution to keep the animal away from people Peter is not liable for the kids getting bit because he did not intend for them to get bit **Peter is liable for the kids injuries from the raccoon bites** (a) and (b)

Oral contracts

a. are not legal. b. cannot be enforced in court. c. lack agreement. **d. may be harder to prove than written contracts.**

Vinnie was under written contract to work for Ross. Vinnie had to move to another state for personal reasons. Vinnie notified Ross he was moving and wanted to be released from his contract.

Vinnie received from Ross a written release from the agreement. This contract was discharged by a. performance. **b. mutual agreement.** c. breach. d. subsequent impossibility.

In the Goodbye Earl video, we saw that

Wanda was the victim of the crime of domestic abuse MaryAnn and Wanda committed at least one crime Wanda was hospitalized as a result of Earl beating her It is lawful for a husband to beat his wife ALL

Fred and Barney enter into a contractual agreement in which Barney promises to deliver a unique antique artifact to Fred in the next ten days, but the artifact is stolen before Barney could fulfill his promise. Which of the following statements is true about this scenario?

a) The contract can be terminated only if both parties agree. b) Barney must pay punitive damages to Fred. c) Barney must pay compensatory damages to Fred. **d) The contract is discharged by impossibility of performance.**

Howard, an engineer with a masters degree from MIT, backs out of his parking space in the College Parking Garage and collides with Barry's car as Barry is driving behind Howard's car. Barry has a PhD in physics. Barry takes his car to the collision shop for repairs and has to pay $3,500 for the repairs. Barry can sue Howard for the cost of those repairs if Howard failed to act as

a) a careless person. b) a reasonable person with a master's degree from MIT **c) a reasonable person.** d) a blameless person. e) a faultless person.

A Nevada state law requires amusement parks maintain equipment for the protection of patrons. The Hoover Dam Amusement and Water Park fails to maintain its equipment. As a result, there is an equipment breakdown which causes a patron to suffer harm. The Amusement park could best be sued for:

a) battery. b) trespass c) assault. *d) negligence.*

A contract that is established by the conduct of a party rather than by the party's written or spoken words is known as an implied-in-________ contract.

a) law b) equity **c) fact** d) presumption

Howard, is a student at Big State University (BSU). Howard also works part time as a report for the BSU student newspaper. Howard writes a completely false story which states that Howard witnessed Sheldon hot-wiring and stealing a Honda Metropolitan scooter from a parking lot at BSU. The story is entirely false. If Sheldon decided to sue Howard for a tort, which one would most likely result in a win for Sheldon

a) slander per se b) negligence per se *c) libel* d) larceny

In constitutional law, what is the purpose of Checks and Balances?

a) to keep a check on the number and frequency of amendments made to the Constitution b) to ensure the judiciary is not corrupt c) to ensure the judiciary is not biased **d) to prevent any one of the three branches of the government from becoming too powerful**

Penny sold an old ring to Weeks for $1 at a garage sale. Later Penny learned that the ring was worth $50 If Penny sues, she legally is entitled to recover

a. $50 b. the ring. c. $49 **d. nothing.**

BillyBob, a gardner, had gotten a 60- x 30-inch executive desk by one of his former customers. BillyBob put a notice in Craigslist that he would sell the desk. Marlow went to BillyBob's to look at the desk. Marlow recognized that this was a very expensive and valuable desk. Marlow told BillyBob that he wanted to buy the desk and would pay $2299. Marlow's action was a(n)

a. agreement. b. acceptance. **c. offer.** d. bilateral contract.

Fred hires Barney to be the bookkeeper for Fred's new business. Barney's job involves documenting and cashing checks from accounts receivable and writing and mailing checks to vendors for accounts payable. After a few years in business, Fred becomes amazingly wealthy. Barney is earning a good salary for his work, but he is jealous of Fred so he decides to set up some shell companies and he sends himself fake bills from these shell companies and then writes checks to the shell companies. Barney cashes these checks through his shell company accounts but then withdraws the cash for himself.

a. Barney has committed the crime of larceny. **b. Barney has committed the crime of embezzlement.** c. Barney has not committed any crime d. Barney has not committed any crime but he has engaged in conversion

Which of the following terms designates the legal ability of a party to enter into a contract?

a. Consent b. Affirmation c. Materiality **d. Capacity**

Which of the following agreements is unenforceable because of lack of valid consideration?

a. Johnson agreed to donate $1,000 to the United Hospital Building Fund. On the basis of this and similar promises, construction was started. b. Davis promised to give his neighbor's son $50 if the boy would refrain from trespassing on his property. Because of Davis's promise, the boy complied. c. Boyd agreed to sell his used motorboat to Yates for $500. Yates agreed and tendered the $500 in cash. **d. Philips promised his nephew $200 if the boy would refrain from drinking alcohol until he reached age twenty-one. Because of this promise, his nephew did not drink alcohol until he turned twenty-one.**

Michael was driving as he very slowly pulling into the parking lot of his office to look for a parking place. Meredith jumped out in front of Michael in the drive of the parking lot about three feet in front of his car. Michael could not avoid hitting her. What is Michael's best defense to the charge of negligence?

a. Meredith had a mental deficiency. b. Michael was a very careful driver with a good driving record **c. Meredith was walking in an area of the parking lot which was clearly marked as being off-limits to pedestrians** d. Michael was lawfully seeking a parking place e. Michael had a mental deficiency

Brian is the sweetest dog the Griffins have ever owned. He is so well-trained and obedient; the Griffins never put him on a leash or keep him fenced in the backyard. Brian has the freedom to run around the house and the front and back yard. One day, a girl scout comes to the door to sell cookies and rings the doorbell. The doorbell startles Brian the dog, and without any notice, Brian viciously bites the girl scout. Since Brian has never shown any violent tendencies, the Griffins will

a. Not be liable **b. Be liable if they were negligent** **c. Have to pay punitive damages** d. Be liable under the doctrine of strict liability e. None of the above

While driving his car five miles over the speed limit, Barry struck Penny, who was jaywalking across the street. When the case came to trial, the jury determined that Barry was 60 percent negligent and that Penny was 40 percent negligent. Penny's injuries are $10,000. If this accident occurred in a state following the comparative negligence theory of recovery:

a. Penny will recover $10,000. b. Penny will not recover anything. **c. Penny will recover $6,000.** d. Penny will recover $4,000.

Which of the following would NOT require a writing under the statute of frauds?

a. The buyer agrees to pay $10,000 for a piece of real estate. b. A renter agrees to rent a building for a 5-year period. c. An agreement creates an easement to run cables across adjoining land. **d. A landscaper agrees to landscape the lot surrounding an office building.**

Jesse enters into a contract to paint Gus's house. When Gus decides on a color, Jesse will buy the paint and paint the house for the price of $2,500. Which of the following is true?

a. The common law of contracts governs because this is a mixed contract (one for services and goods). **b. The common law of contracts governs because the predominant factor of the contract is for the sale of services and not goods.** c. The Uniform Commercial Code governs because a sale of goods is involved. d. none of the above

Jesse makes an offer to Walter, and Walter accepts; then the state legislature passes a law that makes performance of the contract illegal. What is the effect of the new statute on the contract?

a. The contract is enforceable if the parties agree to new consideration b. The statute has no effect on the contract. c. The statute acts as a condition on the contract. **d. The statute discharges the obligations of both parties under the contract.**

You drop your laptop on October 1st, and your parents, concerned about your ability to do homework and study without a laptop ship you a brand new MacBook Pro 13" with an i7 chip and loaded with software. You get the box, open it up, but don't have time to set it up right now you have to get to class. You set the unopened box on the table and tell your roommate not to touch it. By the time you get home from class, your roommate has opened the box, and set up the laptop the way he likes it and loaded all the software. He is now napping on the couch and your laptop is beside him on the coffee table

a. This was larceny because you told him not to touch it. **b. This was conversion.** c. It would only be conversion if he physically carried the laptop into his room. d. It would only be larceny if he had brought it into his room for at least 60 minutes.

Walter enters a dentist office and points to a damaged tooth. The dentist, Saul, treats the tooth. If Walter refused to pay and Saul sued,

a. Walter would win as there was no contract. b. Walter would win because of the UCC. **c. Saul would win; this is an implied contract.** d. None of the above

Paul borrowed $100 from Billy and promised in writing to pay the debt on March 1st. On the due date, Paul could not pay the full amount but offered Billy $50 in cash and a watch worth $25. Billy accepted. Was the debt discharged?

a. Yes. When a claim is disputed, a compromise figure is binding. **b. Yes. A debt is canceled if the creditor accepts as full payment a part payment in money plus additional property** c. No. The consideration was inadequate. d. No. The additional consideration was illegal.

For the purposes of the statute of frauds, an interest in land includes

a. a long-term lease on an apartment. b. a real estate mortgage. c. an easement. **d. All of the above**.

Charging interest in excess of the legal rate is considered

a. a restraint of trade. b. enforceable. **c. usury.** d. stare decisis.

A person who makes a counteroffer becomes the

a. acceptor. b. offeree. **c. offerer.** d. promisee.

The rule which permits the jury to infer both negligent conduct and causation from the mere occurrence of certain events is:

proximate cause. **res ipsa loquitur.** causation in fact. comparative negligence.