BUS 206 Exam 2
A joint tenancy is one in which: a. two or more persons have equal interests in the property with rights of joint survivorship b. two or more persons have equal interests in the property with no right of survivorship c. one person owns all the interests in the property, but two people will inherit equal shares when the current tenant dies d. one person owns all the interests in the property and has designated who will inherit it when the current tenant dies e. none of the other choices are correct
A
A superseding cause is an act that: a. Happens just before the act that causes harm to the victim b. Breaks the causal connection between a person's act and the resulting harm to another c. Links a person's act to resulting harm to another d. All of the specific choices e. None of the other specific choices
B
Albert is attacked by Bruce while getting out of his car in a store parking lot. Albert punches Bruce in the face, breaking Bruce's nose. When Bruce sues Albert for battery, Albert is likely to use ___________ as a. defense of property b. Self-defense c. Consent d. Privilege e. None of the other answers
B
If alleged consequences are too far removed from the negligent conduct: a. There will be a limit imposed on the damage award b. The negligent conduct will not result in liability c. The negligent conduct will still result in liability d. The victim will be required to have at least two expert witnesses testify on his behalf e. None of the other choices
B
If it is not clear who the actual manufacturer of a product is, plaintiffs: a. may not sue more than one manufacturer of a defective product b. may sue any or all of the manufacturers of a defective product c. may sue more than one manufacturer if the injury from the defective product prevents the plaintiff from being able to "engage in normal activity" d. may sue up to three, but not more than three, manufacturers of a defective product e. none of the choices are correct
B
If the manufacturer provides adequate warnings, as in the case of Parish v. ICON, where a person was severely injured when jumping on a trampoline and sued its maker and the maker of a safety net for failure to warn, consumers: a. can still sue for failure to warn, but are limited in the amount of damages they can recover b. cannot sue for failure to warn c. can recover up to half their medical bills from the manufacturer d. cannot negotiate for damages outside of court e. none of the other choices are correct
B
If there is a dangerous condition on a property, the landowner: a. has a duty to warn everyone, including trespassers, of the danger b. has no duty to warn trespassers of the danger c. must post signs in visible places all over the property d. must have insurance to cover injuries caused by the dangerous condition e. none of the other choices are correct
B
If you rent an apartment, the apartment is known as: a. a renthold b. a leasehold c. a lease in absentia d. a defeasement e. a retainer
B
Property that is held in fee simple may be: a. inherited by others b. transferred to others c. sold in part to others d. sold in entirety to others e. all of these things are possible
E
The doctrine of comparative negligence permits damages to be: a. Increased by the magnitude of defendants' wrongdoing b. Increased by the amount to plaintiffs' goodwill c. Increased by the amount the judge thinks necessary d. Decreased by the percentage of defendant's negligence e. Decreased by the percentage of plaintiffs' injuries caused by plaintiffs' negligence
E
A manufacturer of a commercial french-frying machine was sued after someone using the machine reached in to retrieve an item that had fallen out of his shirt pocket. The plaintiff was seriously burned as a result. The appellate court upheld the trial court's decision that imposed liability on the manufacturer based on: a. design defect b. negligence c. failure to warn d. contractual breach e. unknown hazard
A
A manufacturing defect is one which: a. occurred during the manufacturing stage and for which the consumer will be compensated b. occurred during the manufacturing stage and for which the consumer will not be compensated c. occurred after the manufacturing stage and for which the consumer will be compensated d. occurred after the manufacturing stage and for which the consumer will not be compensated e. none of the other choices are correct
A
A plea bargain allows: a. A matter to be settled under the supervision of a judge without a trial b. A matter to be settled by a jury without trial c. A matter to be settled with a short trial d. A matter to be settled by the attorneys without the supervision of a judge e. None of the other choices are correct
A
A quitclaim deed is: a. a deed of conveyance that passes whatever interests the grantor had in the property b. a deed that promises that a good, clear title to the property is being conveyed by the grantor c. a deed that warrants that the buyer has received title and that the property was not encumbered during the ownership by the grantor d. all of the other specific choices are correct e. none of the other specific choices are correct
A
After recieving reports from the police or other investigators prosecutors: a. Decide whether or not to bring charges b. Decide who is guilty c. Decide how much the guilty party should be fined d. Decide who will represent the plaintiff e. None of the other choices are correct
A
Alex sues Lisa for $60,000 for damages suffered as a result of her negligence because she failed to place a sign on the door of her restaurant warning customers to "Watch Your Step" as they exited the building. A jury awards Alex $40,000 because Alex's intoxication made him 33% responsible for his injuries. Lisa avoided full liability because she showed: a. comparative negligence b. intoxicating negligence c. intervening conduct d. assumption of risk e. evil intent
A
As seen in Baxter v. Ford Motor, where Baxter lost an eye because the glass in his car windshield was not shatterproof as Ford had claimed, misrepresentation about product quality in advertising may be the basis for: a. strict liability b. false liability c. privity of contract d. fraud in sales e. none of the other choices are correct
A
Cary allows Kail to ride his horse on trails located on Cary's 800-acre ranch, whenever he wants, for $1,000. This arrangement is generally known as: a. an easement b. a covenant c. a deed d. a seisin e. a remainder
A
Chattel is the traditional term for: a. personal property b. real property c. false property d. livestock e. patents
A
Defenses to a negligent act include: a. Assumption of the risk b. Existence of proximate cause c. existence of a substantial factor d. Res ipsa loquitur e. All of the other choices
A
Design defect cases focus on: a. whether an injury to users could have been prevented by designing the product differently b. whether the manufacturer made a mistake during the manufacturing process c. whether the manufacturer's employees had proper training d. the extent of the injury caused by the product e. none of the other choices are correct
A
Failing to file a suspicious activity report: a. Can lead to both civil and criminal penalties b. Can only lead to civil penalties c. Can only lead to criminal penalties d. Cannot lead to more than one penalty, regardless of the number of violations e. None of the other choices are correct
A
If a crime is not prosecuted within the time set by the ______, then the state loses the right to bring suit: a. Statute of limitations b. Statute of limited time c. Statute of dissipation d. Statue of prosecution e. None of the other specific choices is correct
A
If the chain of custody is broken when gathering evidence for a criminal case: a. The evidence is excluded b. The evidence is kept under special consideration c. The evidence is more powerful d. The evidence is less useful to the prosecution e. The evidence is less useful to the defendant
A
If the government can prove beyond a reasonable doubt 1) the accused commited the illegal act, and 2) that there was necessary intent or state of mind to commit the act then: a. The accused will be convicted of the crime b. The accused might be convicted of the crime c. The plaintiff will lose the case d. The case may go to trial e. The accused will not get a lawyer
A
In MacPherson v. Buick, where the wheel on a new Buick collapsed, causing the car to crash, injuring MacPherson, the court of appeals held MacPherson could sue Buick because: a. Buick was a manufacturer of automobiles and responsible for the finished product b. Buick was a wealthy enough company to afford paying damages c. Buick was liable because it advertised that the wheels were safe on every vehicle d. MacPherson's injuries were life-threatening e. none of the other choices are correct
A
In Smith v. Kulig, Smith was killed when visiting his friend who rented an apartment from Kulig, when the fire escape at the back of the building collapsed under Smith, the courts held that: a. Smith was a trespasser on the premises and Kulig had no duty to protect him b. Smith was not a trespasser on the premises, but Kulig still had no duty to protect him c. Smith was a trespasser on the premises, but Kulig still had a duty to protect him d. Since Smith was illiterate, the no trespassing signs were ineffective and Kulig was liable e. none of the other choices are correct
A
In a case in which a doctor sued for negligence due to an accidentally botched surgery, the reasonable person standard would be that of: a. A reasonable skilled, competent and experienced doctor b. An unimportant element that helps determine the final compensation amount c. The key to establishing whether the alleged wrongdoer acted in a reasonable manner d. All of the other specific choices e. None of the other choices
A
In a criminal case the defendant: a. Has no obligation to disclose evidence to the prosecution that shows the defendant is guilty. b. Has an obligation to disclose evidence to the prosecution that shows the defendant is guilty c. Has an obligation to disclose evidence to the prosecution that shows the prosecution is guilty d. Has to present all incriminating evidence to the jury e. None of the other choices
A
In a tort of negligence, causation is: a. A basic element linking one party's act and another's injury b. An unimportant element that helps determine the final compensation amount c. The key to establishing whether the alleged wrongdoer acted in a reasonable manner d. All of the other specific choices e. None of the other specific choices
A
In an intentional misrepresentation suit, the facts alleged to have been presented falsely: a. must be material b. need not be material c. must not be material d. must be unrelated e. need not be related to the injury
A
In some residential subdivisions, only single-family homes are allowed, and they must be at least 2,000 square feet, brick construction, with no dog houses. These terms are: a. covenants b. easements c. profits d. leases e. deeds
A
It is difficult to keep politics out of decisions about which crimes to prosecute because: a. Many state and local prosecutors are political positions b. Many state prosecutors have been shown to take bribes c. Many police fail to report crimes d. Judges are worried about getting reelected e. None of the other choices are correct
A
It is presumed at law that landlords: a. protect tenants from known hazards b. have no responsibility to tenants c. protect tenants from all unforeseeable accidents d. get along with their tenants e. none of the other choices are correct
A
Property owners have: a. a duty to inspect premises for dangers and correct the problem or warn invitees of the dangers b. no duty to inspect premises for dangers and correct the problem or warn invitees of the dangers c. a duty to warn only minors of dangers on the property d. a duty to allow anyone and everyone onto the property e. a duty to post safety guards on the property
A
Real property differs from personal property in that real property: a. is immovable while personal property is movable b. is movable while personal property is immovable c. is worth more than personal property d. can be sold while personal property cannot be sold e. can be taxed while personal property cannot be taxed
A
The law of torts recognizes two kinds of nuisances, these are: a. public and private b. personal and impersonal c. business and personal d. governmental and non-governmental e. environmental and industrial
A
The tort involving spoken defamatory communication is: a. slander b. libel c. privilege d. negligence e. none of the other choices
A
The tort of emotional distress: a. involves conduct that is so outrageous that it creates severe mental or emotional distress in another person b. involves private information c. involves confidential medical information d. causes the plaintiff to suffer a mental breakdown e. none of the other choices
A
Under the Constitution, any exculpatory evidence: a. Must be disclosed to the defendant b. Must not be disclosed to the defendant c. Must be disclosed to the judge before the trial d. Must be formally written e. Must be recorded in front of a notary
A
Under the rule of caveat emptor, the producer of a defective product that caused injury to a consumer was: a. not liable unless there was a contractual relationship between producer and injured party b. liable in tort law to any injured consumer if negligence by the producer could be shown c. liable in tort law to consumers who bought the good under the rule of strict liability d. liable in contract to all consumers who used the product under the rule of res ipsa loquitur e. not liable in tort or in contract law
A
Under the strict liability doctrine, the focus is on the manufacturer. a. problems with the product b. problems with advertising c. problems with the assembly line workers d. problems with the manufacturing process e. none of the other choices are correct
A
When one commits a criminal act, that wrongful deed is: a. Mens rea b. Intentional negligence c. Res ipsa looguitor d. Actus reus e. None of the other choices
A
Which of the following is a servitude: a. a covenant b. an allotment c. a life estate d. all of the other specific choices are correct e. none of the other specific choices are correct
A
While sitting beside a swimming pool, a neighbor, Bob, a roof installer, tells you that you should buy stock in HotNet because it is about to skyrocket in value. You invest all your money in the stock, which then drops to zero. You: a. cannot sue Bob for misrepresentation b. can sue Bob for negligent misrepresentation, but not for fraud c. can sue Bob for deceit, but not for intentional misrepresentation d. can sue Bob for negligent misrepresentation, but not for intentional misrepresentation e. can sue Bob for fraud, but not for fraudulent misrepresentation
A
Worker compensation statutes are an example of: a. a potential statutory limit on workplace tort liability b. a statutory limit on how many cases may be brought against a manufacturer for a defective product that causes injuries c. a potential cause for tort liability for a manufacturer d. the main cause of most business tort cases e. none of the other choices are correct
A
Your next door neighbor plays his stereo very loud at 3 am. He ignores your repeated requests for quiet and keeps up this habit. You are most likely to win a suit for the tort of: a. nuisance b. mental distress c. invasion of privacy d. trespass to property e. trespass to personal property
A
In Baxter v. Ford Motor, where Baxter lost an eye because the glass in his car windshield was not shatterproof as Ford had claimed, Ford's liability was based on: a. negligence in construction b. misrepresentation in advertisements c. privity in warranty d. fraud in sales e. none of the other choices
B
In addition to damaging a reputation of a person, defamation can involve: a. damage to the profits of a company b. damage to the good name of a company c. damage to the good name of the defendant d. negligence on the part of the defendant e. none of the other choices
B
In an assault or battery tort case, consent is when: a. the injured party intentionally placed himself in danger b. the injured party gave permission to the alleged wrongdoer to interfere with a personal right c. the injured party did not give permission to the alleged wrongdoer to interfere with a personal right d. the alleged wrongdoer warned the injured party of the possibility of harm e. none of the other choices
B
In the U.S. V Allemdinger, involving an insurance scam run by Allmendinger and others, Allmendinger received a much longer prison sentence than a co-conspirator, which he appealed. The appeals court held that the sentence: a. Violated the sentencing guidelines and would be recalculated b. Was justified because Allmendinger did not cooperate in the investigation c. Was justified because the loss suffered by victims exceeded $100 million d. Violated equal protection of the 14th amendment as the defendants were equally guilty so the sentences should be similar of all e. None of the other choices are correct
B
Intentional conduct that places a person in fear of immediate bodily harm or offensive contact is the tort of: a. Battery b. Assault c. Defamation d. Duress e. False imprisonment
B
James's employer published a picture of him on the company website without James's permission. James could sue the company for: a. negligence b. invasion of privacy c. emotional distress d. battery e. assault
B
Linda buys a house in Grover Square. Her deed contains the following: "no homeowner in Grover Square shall erect a fence of any sort (with the exception of buried electronic fences) around his or her property." This clause is: a. an easement b. a covenant c. a coven d. a seisin e. a remainder
B
Mary, who has developed a deep hatred of Joe, disguises her voice and calls him one night claiming to be a nurse at a hospital in the city where Joe's parents live and tells him that his parents have just been killed in a car accident. Joe would be most likely to win a tort suit for: a. assault and battery b. intentional infliction of emotional distress c. libel d. invasion of privacy e. none of the other choices; he caused Mary's behavior
B
The key element(s) of the tort of intentional interference with contractual relations is (are): a. a contract between the injured party and another party (not the defendant) b. the defendant knew about a contract between the injured party and another party c. the defendant intentionally interfered with a contract between the injured party and another party d. losses were incurred e. all of the other choices
B
The law of product liability is primarily concerned with: a. harms suffered by stockholders when the value of their investment falls b. harms suffered by buyers and other persons who use defective products c. harms suffered by businesses for interference with their relations d. contractual harms suffered by institutional investors e. none of these
B
The most common form of real property ownership is: a. fee defeasible b. fee simple c. life estate d. tenancy for years e. covenant
B
The principal distinction between assault and battery is: a. The difference between the plaintiff knowing the defendant and not knowing the defendant b. The difference between the requirements of apprehension of an offensive physical contact and of actual physical contact c. The difference between the requirements of proximate cause and ultimate cause d. All of the other specific choices e. None of the other specific choices
B
The rule requiring producers to pay compensation to consumers injured by defective products, even though reasonable care has been exercised, is called: a. caveat emptor b. strict liability c. liability for negligent actions d. res ipsa loquitur e. none of the other choices
B
The sin qua non rule is also known as the: a. The injury would not have occurred if the victim had known the tortfeasor b. The injury would not have occurred but for the conduct of the tortfeasor c. The injury is the fault of the tortfeasor d. The injury occurred because of the tortfeasor's lack of knowledge e. None of the other choices
B
The theft of valuable business information, such as trade secret is: a. Embezzlement b. Economic espionage c. Internet fraud d. Insider trading e. None of the other choices
B
The tort that protects individuals from harm based on careless and unintentional conduct of others is called: a. Conversion b. Negligence c. Strict liability d. Absolute liability e. None of the other choices
B
Thoni Manufacturing disposes of its waste water by dumping it into the Cowpasture River. This contaminates the water supply of the city of Covington. This example shows: a. a private nuisance b. a public nuisance c. a conversion d. premises liability e. all of the other choices
B
Which of the following is an intentional tort against property: a. defamation b. conversion c. malicious prosecution d. invasion of privacy e. none of the other choices
B
Which of the following is most likely to be an example of an assault? a. Someone bumps into you while walking down the street b. Someone holds a gun at your head while threatening you c. Some beats you up in a fist fight d. Someone points a gun at you while you are sleeping e. Someone wiretaps your phone
B
Which of the following is not an category of intentional tort: a. assault b. murder c. false imprisonment d. battery e. invasion of privacy
B
When playing soccer, two players go for the ball at the same time. Player A misses the ball and kicks Player B, whose leg is broken. If B sues A for negligence, A's defense will likely be: a. privilege b. defense of property c. consent d. self-defense e. all of the other choices may be defenses
C
Which of the following would be least likely to be an invasion of privacy: a. the use of a person's photograph without permission b. publication of information about a person taken from public records c. publication of information about a person that comes from private sources d. publication of information about a person that places them in a false light to others e. none of the other choices
B
You are arrested by the police, who suspect you of a crime: a. The police decide if you will be charged with a crime b. A government prosecutor will decide if you will be charged with a crime c. A judge will decide if you will be charged with a crime d. The police review board decide if you will be charged with a crime e. None of the other choices
B
A person may use which of the following as a defense to the tort of trespass on land: a. ignorance b. stupidity c. helping someone in danger d. a state hunting license e. lack of awareness
C
Businesses can: a. only be involved in negligence torts b. only be involved in intentional torts c. can be involved in both negligence and intentional torts d. are always the plaintiff in intentional tort cases e. are always the defendant in negligence court cases
C
Company B uses dangerous acid made by Company A in its production. B fails to warn a new employee of the risks in using the acid and the employee is injured. If Company B is sued by the employee, its defense will be that A and the employee are: a. accomplices b. in violation of federal safety regulations c. sophisticated users d. not covered due to lack of warranty e. ruthless capitalist oppressors
C
During the 19th century, parties injured by a defective product, who did not have a contractual relationship with the seller, were under the rule of: a. res ipsa loquitur b. stare decisis c. caveat emptor d. proximate cause e. none of the other choices
C
If Julia is accused of robbing a bank and she has witnesses testify that she was having her nails done at the time the robbery took place then she is using a(n) a. Miranda right b. Exclusionary rule c. Alibi d. Defensive defense e. None of the other choices are correct
C
In Parish v. ICON, where a person was severely injured when jumping on a trampoline and sued its maker and the maker of a safety net for failure to warn, the Iowa high court held that: a. the makers had no duty to warn because the danger was obvious b. the makers had a poorly designed set of instructions c. the case could be dismissed because the warnings were adequate d. produced products that should never have been placed on the market because they are so dangerous that warnings are unhelpful e. none of the other choices
C
In the United States, only_____ can bring criminal charges. a. Public institutions b. Private citizens c. The government d. The supreme court e. Private investigators
C
Person A trips you when you get up to walk out of a room. Person B smacks you in the back of the head after you exit the room. You run into the door of the office down the hall and sue both person A and Person B. Person A will not be liable because: a. Person B is the proximate cause of your injury b. Person B is the unforeseen cause of your injury c. Person B is the superseding cause of your injury d. Person B is the foreseeable cause of your injury e. None of the other choices
C
Sending materials containing false information through the post office can lead to a conviction of : a. Embezzlement b. Money laundering c. Mail fraud d. Insider trading e. False representation
C
Since the 1920s the primary method of local land control has been: a. easements b. eminent domain c. zoning d. taxation e. tort suits
C
Super Wash" liquid dishwasher detergent is sold in a box shaped like a milk carton with a bright and cheery cover. Finding the carton under the kitchen sink, a two-year-old drinks it, suffering serious internal injuries. In a suit against "Super Wash" the court is likely to find the producer: a. liable in contract for express warranty of safety b. liable for misrepresentation c. liable in strict liability for failure to warn or for design defect d. all of the other specific choices are likely e. not liable because of contributory negligence by parents
C
The _____ doctrine holds manufacturers liable to consumers injured by defective products regardless of whether the manufacturer exercised all reasonable care or not a. hazardous liability b. final liability c. strict liability d. less liability e. res ipsa loquitur
C
The copying of a genuine item without authorization, especially when passed off as the original item is: a. Economic espionage b. Fraud c. Counterfeiting d. Insider trading e. None of the other choices
C
The intial court appearance for a person accused of a crime during which the government attorney presents the criminal charges is called: a. Nolo contendere b. An appearance c. An arraignment d. A demurrer e. A indictment
C
The major difference between public nuisance and private nuisance is: a. a public nuisance involves public health and private nuisance involves citizens' welfare b. whether the property involved is owned by a government or by a private party c. a public nuisance interferes with public health and welfare, private nuisance violates the enjoyment of land d. public nuisance can exist only if there is physical damage to land; that is not the case with private nuisance e. none of the other choices
C
The most common defense to a claim of defamation is: a. consent b. proximate cause c. truth d. self-defense e. protection of others
C
The most common way in which to transfer ownership interests in property is through: a. a devise b. a will c. a deed d. easements appurtenant e. tenancies in common
C
When a local government regulates the way in which homeowners may use their land, this is an exercise of the government's: a. fiduciary powers b. obligatory powers c. police powers d. derivative powers e. olfactory powers
C
When someone has interfered with the right of the owner to exclusive possession and enjoyment of personal property there may be a tort of: a. conversion b. misappropriation c. trespass to personal property d. battery e. none of the other choices are correct
C
Which is not a necessary element of negligence? a. A causal connection between the wrongdoer's negligent behavior and the resulting harm to the injured party b. The wrongdoer owed the injured party of duty of care c. The wrongdoer's actions were motivated by malice d. The wrongdoers breached a duty of care to the injured party e. The injured party suffered actual harm or damage as a result of the wrongdoer's conduct
C
Which of the following activities is an example of an ultrahazardous activity: a. jumping on a trampoline b. operating a nail gun c. blasting with explosives d. all of the other specific choices are correct e. none of the other specific choices are correct
C
Which of the following is an example of something regulated by a zoning rule: a. ethnicity of people in a neighborhood b. tax burdens c. building size d. number of judges appointed to a county e. all of the other specific choices are correct
C
Which of the following would not be considered to be white collar crime: a. Bankruptcy fraud b. Embezzlement c. Burglary d. Insider trading e. Wire fruad
C
A business can become involved in a tort action: a. If an individual is harmed by the actions of the business or its employees b. If an individual is injured by a product by the business c. If a business harms another business d. All of the specific choices e. None of the specific choices
D
A clear title means that: a. a third party may claim valid ownership of the property b. only the government may claim valid ownership of the property c. there are no taxes due on the property d. no other person can claim valid ownership of the property e. none of the other choices are correct
D
A criminal case differs from a tort case because: a. In a criminal case the victim does not receive compensation b. In a criminal case the victim is a witness c. A criminal case is brought against the alleged wrongdoer by the government d. All of the specific answer choices e. None of the specific answer choices
D
A hostile user of another person's land may come to own the property or an easement through: a. hostile possession b. land use possession c. regular use clauses d. adverse possession e. none of the other choices are correct
D
Anti-money laundering goals which of the following: a. Identifying the beneficial owner of all assets b. Tracing the transmission of assets c. Reporting suspicious transactions d. All of the other specific choices are correct e. None of the specific choices are correct
D
Defenses against strict liability include(s): a. product abuse b. assumption of risk c. sophisticated user d. all of the other specific choices are possible e. none of the other choices; there is no defense for strict liability
D
For liability to be imposed when negligence is alleged, in many jurisdictions, the injured party must prove that the defendant's act was not only the cause in fact of the injury but also the ____ of the injury. a. Superseding cause b. Intervening conduct or strict liability c. Misappropriation d. Proximate cause or substantial factor e. None of the other choices are required
D
If a person is charged with a crime, rather than going through trial, there is often an agreement reached by the defendant and prosecutor that is called: a. An arraignment b. Nolo Contendere c. Demurrer d. Plea bargain e. None of the other choices
D
If one appears before a judge when accused of a crime and enters a plea in response to the charges, the choice of plea made does not include: a. Guilty b. Nolo contendere c. Not guilty d. Demurrer e. All of the other choices are possible pleas
D
If someone is very drunk and then, only because of their drunkenness, cause a fatal accident: a. There can be no crime because there was no willful consent b. There can be no crime because there was no mens rea c. There can be no crime because there was no culpable disregard for the rights of others d. There can be a crime because there was criminal negligence e. None of the other choices
D
In Geczi v Lifetime fitness, where Geczi suffered an injury when a treadmill at lifetime malfunctioned by a jury held lifetime not to be negligent, the appeals court held that Lifetime: a. Was liable for negligence for failure to warn Geczi of the risks b. Was liable for negligence because the machine was not properly maintained c. Was not liable because Geczi had been seen not exercising good judgment when using the machine d. Was not liable because Geczi assumed the risk and signed a liability waiver e. None of the other choices
D
In a tort action for trespass to land the: a. wrongdoer is excused if he thought he owned the land b. wrongdoer is excused if she thought she could trespass c. the property owner must demonstrate actual injury d. intruder is not excused even if mistaken about the right to enter on the land e. the property owner must show that the land was fenced or otherwise posted as to ownership
D
Joyce Water, Certified Public Accountant (CPA), is sued for negligent preparation of an income tax return. To determine if she was negligent, the court applies a standard of reasonableness which measures Joyce's conduct against that of: a. the I.R.S. Commissioner b. the average person c. the typical member of Congress d. a competent C.P.A. e. all of the other choices
D
One who by experience and expertise is aware of the possible health hazards associated with the use of a product and who has an obligation to inform its employees and customers of potential hazards is referred to as a(n): a. company buyer b. secondary purchaser c. primary purchaser d. sophisticated user e. informed buyer
D
Ordinary care or due care is a standard of care that the law presumes: a. The expert person meets b. The average person meets c. The business owner meets d. The reasonable person meets e. The standard person meets
D
Tenants may not: a. engage in illegal activities on a leased property b. be a nuisance to neighbors c. remove valuable property from the premises d. all of the other specific choices are correct e. none of the other specific choices are correct
D
The 1966 Supreme Court relating to the Miranda rights holds that: a. Persons accused of a crime must be informed of their right to remain silent b. Persons accused of a crime must be informed of their right to be represented by counsel c. Persons accused of a crime must be informed that statements they make can be used as evidence against them d. All of the other specific choices are correct e. None of the other specific choicees are correc
D
The ________ relieves a manufacturer of liability for failing to warn of a product's characteristics or dangers when "the end user knows or reasonably should know of a product's dangers" a. naïve user defense b. smart user defense c. intelligent user defense d. sophisticated user defense e. informed user defense
D
The most active area of strict liability litigation based on the concept of unknown hazards involves which product? a. nuclear waste b. automobiles c. petrochemicals d. asbestos e. financial securities
D
The term res ipsa loquitur means: a. An event was the cause in fact b. An event was the proximate cause of an injury c. The thing speaks to the court d. The thing speaks for itself e. None of the other choices
D
The title to property is: a. another word for a covenant b. a right to use some land some time, for a limited purpose c. non-transferable d. the formal right of ownership e. the government's right to restrict use of privately held land
D
There are several key elements needed to establish the legal requirements for there to be an intentional tort. Which is not an element: a. The wrongdoer knew what she was doing b. The wrongdoer knew that certain results could occur c. The wrongdoer knew possible consequences of his act d. The wrongdoer knew who would suffer the injury e. All of the other choices are necessary elements
D
To establish the legal requirement of intent for an intentional tort: a. The wrongdoer must have known what he was doing b. The wrongdoer must have known that certain results could occur c. The wrongdoer must have known the possible consequences of his act d. All of the other specific choices e. None of the other specific choices
D
Tort law can be classified as: a. Negligent b. Intentional c. Strict liability d. All of the other choices e. None of the other specific choices
D
Which of the following conditions must be met in order for someone to claim land by adverse possession? The adverse user: a. has occasional exclusive control of the land b. shares the land with others c. has the real owner's permission to be there d. uses the land in a visible manner e. uses the land secretly
D
Which of the following is not a defense that may be raised in case of assault or battery: a. privilege b. defense of property c. consent d. helplessness e. self-defense
D
Which of the following would not be likely to be considered to be a violant crime: a. Assault b. Robbery c. Murder d. Burglary e. All of the choices are classified as violent felonies
D
With regard to torts. New Zealand differs from the United States in that: a. Personal injury tort suits are not allowed b. There are no mega-damage awards c. Injured parties are compensated from a social insurance fund d. All of the other specific choices e. None of the other specific choices
D
A hostile user is someone who: a. has government-given rights to occupy or use the private estate of another person b. has limited rights to occupy or use an estate c. has unlimited rights to occupy or use an estate, but exercises his rights in an antagonistic way d. was granted rights to use an estate by a previous estate owner e. none of the other choices are correct
E
A leasehold is: a. a set of limitations on lease holders b. the person who leases a piece of property to another person c. the person who holds a lease on a piece of property d. the legal document that details the terms of a lease e. none of the other choices are correct
E
Corp. sold five million toasters. The company never had a safety problem. One of its toasters, for no clear reason, electrocutes the son of the woman who bought the toaster. In her suit against E Corp. for the death of her son (a tort), the company is likely to be held: a. not liable because one in five million is evidence of high quality, not a safety problem b. not liable because the toaster was purchased by the woman, not her son, so there is no right of suit c. not liable because of assumption of the risk d. liable for failure to warn of dangers in use e. liable in strict liability for producing a product with a defect that caused injury
E
Deeds do which of the following: a. identify the original owner b. describe the land c. identify the new owner d. state that ownership is being transferred e. all of the other specific choices are correct
E
In a criminal trial, to be found guilty, the standard is guilt: a. By a prepoderance of the eveidence b. By a convincing majority of the evidence c. Res ipsa loquitor d. Upon the word of the court e. None of the other choices
E
In general, leases should include which of the following: a. the identities of the parties involved b. a description of the premises being leased c. how long the lease will be in effect d. how much rent is to be paid e. all of the other specific choices are correct
E
Mary is running for the School Board. Joe tells people that Mary was convicted of prostitution several times. This is true, but the revelation is distressing to Mary who is now successful in business and has put her past behind her. Most likely, Mary will: a. win a libel suit against Joe b. win a slander suit against Joe c. win a false imprisonment suit against Joe d. win a defamation suit against Joe e. lose a suit for a, b, c, or d against Joe
E
Products liability suits are won for what reason(s): a. for being poorly designed b. for failure to warn consumers of hazards in use c. for latent injuries that arise from products d. a defect in manufacturing e. all of the other choices
E
To avoid being sued for failure to warn users of products, manufacturers must: a. take lots of precautions in the manufacturing process b. invest a lot in safety research c. conduct regular customer satisfaction surveys d. have mandatory safety training sessions for all employees e. provide adequate warning labels and instructions on products
E
When a person suffers an injury due to deliberate deception, there may be a tort of: a. fraud b. misrepresentation c. fraudulent misrepresentation d. deceit e. all of the other choices may be correct
E
Which of the following can be a consequence of committing a crime: a. Being removed from public office b. Being disqualified from holding office c. Being disqualified from owning a firearm d. Being disqualified from voting in public elections e. All of the other choices are correct
E
Which of the following is an example of White collar crime: a. Embezzlement b. Bribery c. Fraud d. Violation of securities law e. all of the other specific choices are correct
E
Assume that Karen walks up to you and slaps you in the face. You slap her back. She sues you for battery. In this case, you have a defense of consent. a. True b. False
False
Criminal law is primarily made up of statutes derived from International law. a. True b. False
False
If the jury cannot decide on a verdict then a lost trial is declared. a. True b. False
False
Illegal drug possession is an example of what is often called a civil code violation. a. True b. False
False
In Stewart v. Federated Department Stores, a man was murdered in a Bloomingdale's parking lot in Connecticut. The court held the store did not have adequate security in the parking lot to deter criminal activity and therefore, was liable. a. True b. False
False
Miranda rights for those arrested and accused of or suspected of a crime does not include the right to be released: a. True b. False
False
The most common form of real property ownership is tenancy in common. a. True b. False
False
The tort of emotional distress protects from conduct that goes beyond the bounds of decency, but not from multiple harassing late-night phone calls from debt collectors. a. True b. False
False
Unknown hazards/Latent Defect products liability cases involve only cases involving asbestos. a. True b. False
False
When commercial rent includes charges for lighting, cleaning, parking lot maintenance, etc it is known as complete rent. a. True b. False
False
When intellectual property, such as copyrights, patents, trade secrets or trademarks, is taken by others without permission, there is a tort of nuisance. a. True b. False
False
With regard to torts, New Zealand differs from the United States in that personal injury tort suits must be filed within three days of the alleged harm occurring. a. True b. False
False
A major purpose of tort law is to provide compensation for injured parties by wrongdoers. a. True b. False
True
As discussed in the chapter, the best definition of crime is a positive or negative act that is an offense against a state or federal government a. True b. False
True
Defenses of insanity and intoxication in criminal cases are rarely successful. a. True b. False
True
McKenzie worked in a service station. Changing a customer's tire, he over-inflated it, causing it to explode. This severely injured his left hand. Neither the tire nor the rim was found to be defective. In a lawsuit against the tire manufacturer McKenzie will likely lose due to product abuse. a. True b. False
True
Strict liability under contract law for injuries caused by defective products is based on the existence of a warranty. a. True b. False
True
The sine qua non rule is also known as the "for one" rule. a. True b. False
True
Under the Constitution, any exculpatory evidence must be disclosed to the defendant. a. True b. False
True
When a person deals in a stock purchase when in possession of non-public information, and they have an obligation not to reveal or use the information it is insider trading. a. True b. False
True
