Comm Law All Quizzes Spring 2022

Sally owned a large horsefarm in Crozet, VA, which was very far away from a nearby road she needed to take to work everyday. For over 20 years, she has been using a backroad owned by her neighbors to save some time out of her day. But when a new owner moves in to one of the plots along the backroad, they claim that they don't want sally crossing through a part of their property. Will Sally be able to keep using the land? A. Yes, because she can sue for an easement by prescription B. Yes, because she has an easement by prescription and is able to make appropriate changes to it C. No, she had never been awarded an easement in the first place D. No, because her use would be a trespass

A. Yes, because she can sue for an easement by prescription

The "Mailbox Rule" governs: A. acceptances B. offers C. revocations D. both (A) and (B)

A. acceptances

If an anticipatory breach occurs, the non-breaching party: A. May commence suit immediately and need not wait for the scheduled time of performance B. Must wait until the time for performance before commencing suit C. Must wait until the time for performance, but then is only entitled to specific performancee D. none of the above

A. May commence suit immediately and need not wait for the scheduled time of performance

Bean Management Group, which is in the business of managing medical practices, includes in its management contracts a clause whereby its clients agree not to hold Bean Management liable for negligence by Bean employees. Such a clause is commonly known as: A. an exculpatory clause. B. an indemnity provision. C. an ipso fact clause. D. a penalty clause.

A. an exculpatory clause.

A promise for a promise is a: A. bilateral contract B. unilateral contract C. statutory contract D. none of the above

A. bilateral contract

The following is true about a motion for summary judgment: A. either the plaintiff or defendant may make this motion B. only the defendant can make this motion C. only the plaintiff can make this motion D. none of the above

A. either the plaintiff or defendant may make this motion

Defamation requires ______. A. publication to one other B. publicity to the general public C. publication to a specific group D. none of the above

A. publication to one other

In Weeks v US (1914), the US Supreme Court created the "exclusionary rule" A. that prohibits federal courts from considering evidence illegally obtained B. that prohibits state courts from considering evidence illegally obtained C. both (a) and (b) D. none of the above

A. that prohibits federal courts from considering evidence illegally obtained

Sheriff Jane desires to search your home. What law requires that the sheriff obtain a search warrant? A. the Fourth Amendment of the US Constitution B. the Supremacy Clause C. state statute D. the Sixth Amendment of the US Constitution

A. the Fourth Amendment of the US Constitution

United States Supreme Court Justices who are "strict interpretivists" consider the following in making a judicial determination: A. the exact language of the Constitution B. anything that helps them interpret a provision C. documents which reflect where we are today as a society D. all of the above

A. the exact language of the Constitution

If Stan's land is taken by the government pursuant to its eminent domain powers, in order to build a subway system for the city, he must be given: A. the fair market value of the property. B. equivalent property. C. the option of keeping the property. D. his price for the property.

A. the fair market value of the property.

In a negligence case, whether a duty of care exists is decided by: A. the judge B. the jury C. both (a) and (b) D. none of the above

A. the judge

An essential element of an offer includes which of the following: A. the terms of the offer are definite B. the offer is irrevocable C. the offer is in writing D. all of the above

A. the terms of the offer are definite

Our federalist government was created under the Constitution, specifically by the: A. 1st amendment B. 10th amendment C. 14th amendment D. 8th amendment

B. 10th amendment

Which of the following is enforceable without consideration? A. An illusory promise. B. A contract implied-in-law. C. Pre-existing duty. D. Gratuitous promise.

B. A contract implied-in-law.

Which one of the following clauses does the Court review carefully when determining if a contract of adhesion is unconscionable? A. A mediation clause B. An arbitration clause C. A merger clause D. Both (a) and (b)

B. An arbitration clause

In order for a court to have jurisdiction over a case, the plaintiff must prove: A. Personal Jurisdiction. B. Both Subject Matter and Personal Jurisdiction. C. Subject Matter Jurisdiction. D. Concurrent Jurisdiction.

B. Both Subject Matter and Personal Jurisdiction.

The __________ and __________ Amendments prohibit the federal and state governments from depriving any person of life, liberty, or property without due process of law. A. First and Tenth B. Fifth and Fourteenth C. Fourth and Fourteenth D. Fourteenth and Second

B. Fifth and Fourteenth

Mark is out sailing in his boat one evening when he hears a young girl crying for help in the middle of the river. Which of the following is true? A. Mark MUST help the girl or he will be liable for negligence. B. Mark has NO duty to help the girl. C. Mark must help the girl ONLY if he knows her. D. Mark MUST help the girl if he is the girl's uncle.

B. Mark has NO duty to help the girl.

A trial de novo is granted for: A. Felony appeals B. Misdemeanor appeals C. Both Felony and Misdemeanor appeals D. None of the above

B. Misdemeanor appeals

If Kelly goes to Quirk Hotel and requests valet service to park her car in the hotel lot for free, the valet service owes Kelly: A. No duty of care B. Slight care because it is for the bailor's sole benefit C. Utmost duty of care because it is for the bailee's sole benefit D. Nothing more than reasonable care because it is a bailment for mutual benefit

B. Slight care because it is for the bailor's sole benefit

__________ jurisdiction refers to the authority of a particular court to judge a controversy or issue of a particular kind (ie: Maritime). A. Exclusive federal. B. Subject matter. C. Concurrent federal. D. None of the above.

B. Subject matter.

When the first 10 amendments were enacted, they applied to: A. The State government B. The Federal government C. Both the State and Federal governments D. None of the above

B. The Federal government

John is a successful salesperson, but his brother, Bob, has always had difficulty paying his bills. Bob wants to borrow some money from a bank, but the bank will not lend the money to Bob unless John will guarantee to repay the loan if his brother cannot. John calls the bank and tells them that he will repay the loan if Bob does not pay. John's guarantee to repay is: A. Enforceable, because in general, guarantee contracts do not need to be in writing. B. Unenforceable, because in general, this type of contract needs to be in writing. C. Enforceable, because the main purpose of the loan and the guarantee was to benefit John. D. Enforceable only if the bank can show that John had guaranteed debts for the brother before and paid them without a written document being in place.

B. Unenforceable, because in general, this type of contract needs to be in writing.

Assume an issue is decided by the Virginia State Supreme Court. On which cases is that decision binding? A. The case being appealed and all future cases in the state of Virginia, but not past cases B. The decision being appealed, future cases in the state of Virginia, and past cases which must be reopened C. Only the decision being appealed D. The decision being appealed and future cases in the state of Virginia and in surrounding states, but not past cases

A. The case being appealed and all future cases in the state of Virginia, but not past cases

The test used to determine whether a contract can be completed within one year from the date it was written is: A. The possibility test B. The probability test C. The reasonable person test D. None of the above

A. The possibility test

In Roper v. Simmons, the USSC prohibited the use of the death penalty in which circumstance? A. When the defendant is insane B. When the defendant committed the crime under the age of 18 C. When the crime is committed outside the defendant's state of residence D. When the defendant acted out of self-defense

B. When the defendant committed the crime under the age of 18

An administrative agency is granted its specific powers to establish regulations and punishments in: A. The US Constitution B. an enabling statute C. a jurisdiction statute D. by common law

B. an enabling statute

A dispute resolution procedure which results in a binding resolution, and is handled privately by someone with special expertise, is called: A. litigation B. arbitration C. mediation D. none of the above

B. arbitration

THIS IS A DUPLICATE FROM A PREVIOUS QUIZ: A dispute resolution procedure which results in a binding resolution, and is handled privately by someone with special expertise, is called: A. litigation B. arbitration C. mediation D. none of the above

B. arbitration

Glen has been charged with murder. The prosecutor must prove Glenna's guilt: A. by a preponderance of the evidence. B. beyond a reasonable doubt. C. by the greater weight of the evidence. D. beyond a shadow of a doubt.

B. beyond a reasonable doubt.

Under which of the following does the court determine the plaintiff is not entitled to recover any damages due to fault on her part, which led to her injuries: A. assumption of the risk B. contributory negligence C. both modified comparative negligence and last clear chance D. pure comparative negligence E. modified comparative negligence

B. contributory negligence

What cause of action can be brought to address a statement that is presumed by statutory law to be harmful to a person's reputation. A. Slander B. defamation per se C. conversion D. none of the above

B. defamation per se

A grand jury: A. determines if a defendant is guilty or innocent B. determines if there is probable cause that would allow the government to try the defendant for a crime C. determines if a defendant is liable in a civil trial D. is the same as a petit jury

B. determines if there is probable cause that would allow the government to try the defendant for a crime

Something the promise or promisor was previously under no legal obligation to do or refrain from doing is known as a: A. legal harm B. legal detriment C. legal benefit D. legal advantage

B. legal detriment

Braxton offers to sell a warehouse to Mary. Mary says that she will pay Braxton $100 to hold the offer open for three business days. This A. creates an illegal contract by adding a clause to Braxton's offer. B. makes the offer irrevocable for three days if Braxton accepts the $100 offer. C. negates Braxton's offer by changing the price term. D. voids Braxton's offer by extending the time term.

B. makes the offer irrevocable for three days if Braxton accepts the $100 offer.

Wayne helped Hank study all night for an important exam. After Hank got an "A" on the exam, he told Wayne, "I will give you $50 because you helped me get a good grade." Wayne said, "Thanks, I'll take it." There is: A. no contract because there is no mutual assent. B. no contract because there is no valid consideration. C. no contract because $50 is reasonably inadequate consideration. D. a contract with sufficient consideration.

B. no contract because there is no valid consideration.

Easements: A. expire when the original owner moves B. run with the land C. most often exist by implication D. allow only for use for a general purpose

B. run with the land

Julie is a witness in a civil action, and she wants to exercise her fifth amendment right. A. she must refuse to take the stand. B. she must take the stand and exercise her right question by question. C. she must file a motion for fifth amendment protection. D. she may not exercise her fifth amendment right in a civil action

B. she must take the stand and exercise her right question by question.

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 points a gun to your face while threatening to shoot you C. someone points a gun at you while you are sleeping D. someone is walking behind you with a knife in their pocket

B. someone points a gun to your face while threatening to shoot you

Federalism is defined as the division of power between: A. the Executive branch and the Legislative branch B. the Federal government and the State governments C. the Executive branch and the United States Supreme Court D. all of the above

B. the Federal government and the State governments

Most state long-arm statutes allow courts to obtain jurisdiction over nonresident defendants if: A. the exercise of jurisdiction is federal. B. the defendant has property within the state. C. the plaintiff is a corporation D. None of the above; courts only have jurisdiction over residents in that state.

B. the defendant has property within the state.

To establish diversity of citizenship in a civil case you must prove: A. the plaintiff and defendant are from the same state B. the plaintiff and defendant are from different states and the dollar amount in question exceeds $75,000 C. the plaintiff and defendant are from two or more states and the dollar amount in question is less than $75,000 D. that multiple plaintiffs are from different states

B. the plaintiff and defendant are from different states and the dollar amount in question exceeds $75,000

Who has total control in a criminal cause of action: A. the victim B. the prosecutor C. the defendant D. both (a) and (b)

B. the prosecutor

When both parties have a common but erroneous belief forming the basis of the contract the contract is: A. void B. voidable

B. voidable

Plaintiff's or Defendant's attorney may strike _____ potential jurors without cause and for any reason. A. 1 B. 2 C. 3 D. none, striking a potential juror no cause is unconstitutional

C. 3

The ______ amendment provides citizens with a right to a jury trial as well as to a speedy trial: A. 4th B. 5th C. 6th D. none of the above

C. 6th

The three privilege defenses that can be used for the cause of action of defamation are A. Constitutional, Contributory, Absolute B. Constitutional, Justified, Absolute C. Absolute, Truth, Qualified D. Absolute, Constitutional, Qualified

D. Absolute, Constitutional, Qualified

Which of the following may an appellate court do in ruling on a case? A. Reverse or modify the judgment of the lower court. B. Remand or send it back to the lower court. C. Rehear the case by taking testimony of the witnesses. D. Both (a) and (b). E. Both (a) and (c).

D. Both (a) and (b).

The Amendment prohibits cruel and unusual punishment. A.Fourth B. Fifth C. Sixth D. Eighth

D. Eighth

Which of the following is found in the Fifth Amendment to the U.S. Constitution? A. A privilege against self-incrimination. B. The right to a speedy trial. C. A prohibition against cruel and unusual punishment. D. The right to an attorney.

A. A privilege against self-incrimination.

Which standard(s) apply in a Civil Victim case: A. By a Preponderance of the Evidence. B. By reasonably clear evidence. C. Beyond a reasonable doubt. D. a and b only.

A. By a Preponderance of the Evidence.

Liquidated damages are defined as: A. Damages agreed to in a contract before the loss occurs. B. Penalties in a contract agreed to before the loss occurs. C. Damages that are mitigated by the non-breaching party. D. Damages that the court imposes on the party who has breached the contract.

A. Damages agreed to in a contract before the loss occurs.

The highest duty of care owed by a landowner is to a: A. Invitee B. Trespasser C. Licensee D. Both (a) and (b) E. none of the above

A. Invitee

What is the effect of the part performance exception under the Statute of Frauds? A. The Statute of Frauds does not apply to a contract once performance has begun. B. Courts will often order only partial performance of an oral contract that the Statute of Frauds requires to be in writing. C. If one party to an oral contract involving a transfer of an interest in real property has performed, and the other party has encouraged this performance, the court can order the other party to perform even though the contract is oral. D. Courts will often enforce an oral prenuptial agreement against one party but not against the other. E. There is no part performance exception to the Statute of Frauds.

C. If one party to an oral contract involving a transfer of an interest in real property has performed, and the other party has encouraged this performance, the court can order the other party to perform even though the contract is oral.

Kate is renting an apartment at Grandmarc. Her bathroom sink breaks one day, and she kept asking her landlord to come fix it, but a month later, he still hasn't. Instead, she decides to take initiative and hire someone to fix it herself, and she pays him $220. Kate then takes it out of her next month's rent. Is she allowed to do this? A. Yes, because of the landlord's implied warranty of habitability B. Yes, because the landlord only has 21 days to make necessary repairs C. No, because the tenant's duty to pay rent has nothing to do with the landlord's duty to maintain the premises D. No, because she has not successfully mitigated the damages by hiring an expensive sink repairman

C. No, because the tenant's duty to pay rent has nothing to do with the landlord's duty to maintain the premises

Which one of the following remedies is not available in a "Mere negligence" case: A. Money damages B. Compensatory damages C. Punitive damages D. Equitable damages

C. Punitive damages

The police need to have ___________ in order to briefly detain an individual, which is known as a Terry Stop: A. Probable cause B. Reasonable cause C. Reasonable suspicion D. Reasonable doubt

C. Reasonable suspicion

____________ means that even though performance was not perfect, the contract basically has been fulfilled and payments must be made A. Serious performance B. Final performance C. Substantial performance D. Material Fulfillment

C. Substantial performance

Jurys return a _______ and judges then return a ___________. A. Directed verdict, verdict B. Judgment, Verdict C. Verdict, Judgment D. Judgment, Directed Verdict

C. Verdict, Judgment

Which one of the following accurately describes a defeasible fee? A. You are entitled to all rights to the property no matter what B. A shared piece of land can be used by one party only for a specific purpose C. You are entitled to all rights of the property as long as you comply with one specific condition about how the land should be used D. The government is allowed to seize private property for the public good

C. You are entitled to all rights of the property as long as you comply with one specific condition about how the land should be used

A jury returns a verdict in Plaintiff''s favor, and awards one million dollars in punitive damages. The Judge enters a judgment that reduces the punitive award to $500,000. This is a: A. a judgment in accordance with the verdict. B. a judgment on the pleadings. C. a judgment notwithstanding the verdict. D. a new trial.

C. a judgment notwithstanding the verdict.

The "Mirror Image Rule" states: A. an offer must mirror the offeror's intent B. an acceptance must mirror the offeree's intent C. an acceptance must mirror the offer D. the offer must mirror the UCC requirements

C. an acceptance must mirror the offer

A binding agreement between two parties to do a certain thing, in which one side has all the bargaining power and uses it to write the contract primarily to her advantage is known as: A. promissory estoppel B. recission C. an adhesion contract D. a voidable contract E. none of the above

C. an adhesion contract

The U.S. Supreme Court has determined that the right to bear arms is a: A. due process right B. statutory right C. fundamental right D. common law right

C. fundamental right

Contract Law focuses on the: A. past B. present C. future D. none of the above

C. future

What is the difference between Express consent and implied consent for the tort of trespass? A. Implied consent is when you explicitly tell someone they have permission to use their land; Express consent is by nature of the conduct. B. Implied consent is when an emergency is involved (child running in your yard), Express consent is about what is explicitly stated. C. implied consent is created by the conduct of the land owner; express consent is about what is explicitly stated D. implied consent is created when the land owner is nice to you, Express consent is about conduct created by the land owner

C. implied consent is created by the conduct of the land owner; express consent is about what is explicitly stated

A request to keep certain evidence from being introduced at trial, based on its prejudicial nature is known as a motion: A. for summary judgment B. to dismiss C. in limine D. for directed verdict

C. in limine

An example of a tort that is not intentional is A. fraud. B. conversion. C. negligence. D. nuisance E. both b and d

C. negligence

An unconscionable agreement is an agreement that: A. is always a minor breach B. is illegal C. overwhelming favors the party who wrote it, and is totally unfair to the weaker party. D. is all contracts of adhesion

C. overwhelming favors the party who wrote it, and is totally unfair to the weaker party.

If one party to a contract makes a mistake, generally: A. she may get out of the contract because it is voidable B. she may get out of the contract because it is void C. she may not get out of the contract D. either party may get out of the contract

C. she may not get out of the contract

What is the difference between fee simple absolute and fee simple determinable? A. Fee simple absolute has a condition attached to it, whereas fee simple determinable has no strings attached. B. Fee simple absolute only gives you half of land ownership rights, whereas fee simple determinable gives you all rights attached to the land. C. Fee simple absolute is a reversionary interest, whereas fee simple determinable is a vested interest. D. Fee simple absolute is the ultimate way to own property and gives you every right, fee simple determinable is fee simple absolute but subjected to a condition that must be followed.

D. Fee simple absolute is the ultimate way to own property and gives you every right, fee simple determinable is fee simple absolute but subjected to a condition that must be followed.

An opening statement _____________: A. Is evidence of the plaintiff's case in chief B. Is evidence of the defendant's case in chief C. Is evidence of both the plaintiff's and the defendant's case in chief D. Is not evidence

D. Is not evidence

The duty of care owed to an adult trespasser is: A. To warn of any known dangerous activities B. To prevent inspect the premises for any dangerous conditions C. Both (a) and (b) D. None of the above

D. None of the above

All of the following are ways a leasehold can be terminated EXCEPT: A. Notice in a commercial lease B. Novation C. Eviction D. Sale by the tenant

D. Sale by the tenant

_____________ granted the United States Supreme Court the right to review federal legislative actions to determine whether they are constitutional. A. The Supremacy Clause B. The Commerce Clause C. Marbury v Madison D. The Bill of Rights

D. The Bill of Rights

John puts poison in Phil's Gatorade. Phil doesn't drink the Gatorade until a week later. Phil gets extremely sick from the Gatorade. Does Phil have a tort cause of action, and if so, what? A. No, there is no tort action available for John's conduct B. No, this is simply a criminal act C. Yes, John has committed assault D. Yes, John has committed battery

D. Yes, John has committed battery

In Miranda v. Arizona, the USSC found that an individual: A. has the right to remain silent, B. that anything an individual says can be used against him in a court of law C. that an individual has the right to an attorney D. all of the above E. only (a) and (b)

D. all of the above

The following individuals can sue for Breach of Contract: A. the parties to the contract B. an assignee C. a third party beneficiary D. all of the above

D. all of the above

To fulfill the tort of trespass you must: A. intentionally enter or remain on land in the possession of another B. causes a thing or a third person to intentionally enter or remain on land in the possession of another C. fail to remove from the land a thing that you are under a duty to remove D. any of the above

D. any of the above

A photographer taking photos of a movie star with a telephoto lens would NOT be guilty of intrusion if the: A. photographer never entered onto the movie star's property. B. pictures were not published. C. movie star was in bed at the time. D. movie star was in a public building at the time

D. movie star was in a public building at the time

A speedy trial is defined under the sixth amendment as: A. one year B. two years C. three years D. none of the above

D. none of the above

As a judge, Bonnie applies judicial restraint. This means she: A. does not approve of any laws she does not like B. does not approve of any laws with which she does not agree C. she only applies state constitutional laws D. presumes a law is valid, unless it is otherwise proven to be unconstitutional

D. presumes a law is valid, unless it is otherwise proven to be unconstitutional

Eminent Domain is the governments' power to __________ private property for a public purpose. A. lease B. use C. zone D. take

D. take

The State of Virginia decided to take private property from several landowners in Virginia Beach to build a highway. The following is true: A. the property can be taken for any reason B. the government cannot take private property C. the government can take private property, but only by restrictive covenants D. the property can be taken by eminent domain

D. the property can be taken by eminent domain

What constitutes the tort of nuisance? A. Being annoyed by someone playing loud music B. Listening to your neighbors fight at 6am every morning C. smelling the bacon being cooked every morning even though you are a vegetarian D. toxins in a lake between house A and B that is affecting both houses

D. toxins in a lake between house A and B that is affecting both houses

Potential jurors are generally subjected to a system of questions by the judge, and both the prosecution (or plaintiff, in a civil case) and defense counsel, this is known as: A. cross examination B. peremptory challenge C. challenge for cause D. voir dire

D. voir dire

Which of these is NOT a facet of the tort of conversion? A. the interference caused damages to the plaintiff. B. the plaintiff owns or has the right to possess the personal property in question at the time of the interference; C. the interference deprived the plaintiff of possession or use of the personal property in question D. the defendant intentionally interfered with the plaintiff's personal property E. All are facets of the tort of conversion

E. All are facets of the tort of conversion

The "right to privacy" is explicitly stated in the ______? A. First Amendment B. Fourteenth Amendment C. Second Amendment D. All of the above E. None of the above

E. None of the above

The First Amendment protections include which of the following: A. speech B. religion C. unwarranted searches D. all of the above E. only (a) and (b)

E. only (a) and (b)