ACCT 324 Final Exam

Which of the following would originally have been personal property but became part of realty after being permanently attached to real property? A.) An enclosure B.) A consolidation C.) A fee D.) A mix E.) A fixture

A fixture

Property that the original owner has discarded is __________ property A) Annexed B) Anatomical C) Abandoned D) Lost

Abandoned

___________ is also known as "cause in fact," while __________ is sometimes referred to as "legal cause" A) Factual causation; subject causation B) Subject causation; factual causation C) Actual cause; proximate cause D) Proximate cause; actual cause

Actual cause; proximate cause

The term ______ covers a variety of legal instruments a person can use to express his or her wishes about efforts to prolong life. A.) Advance directives B.) Actual prohibitions C.) Advance instructions D.) Medical directives E.) Prolonging directives

Advance directives

Intellectual property includes which of the following? A) Trademarks B) Patents C) Trade secrets D) All of the above

All of the above

A(n) __________ clause states that the insured has a grace period (typically thirty days) in which to make an overdue payment A) Anti-lapse B) Anti-payment C) Acceleration D) Deceleration

Anti-lapse

A __________ is a mark identifying the producers as belonging to a larger group, such as a trade union A) Collective mark B) Certification mark C) Service mark D) Product trademark

Collective mark

Areas of an office building or apartment complex such as yards, lobbies, elevators, stairs and hallways used by all tenants are known as __________ areas A) Cohabitation B) Collaborative C) Causeway D) Common

Common

A __________ is the most complete estate a person may have A) Fee simple absolute B) Fee simple conditional C) Fee complex absolute D) Fee complex conditional

Fee simple absolute

If an insurance company creates a confusing policy/policy provision, courts will generally A) Void the policy B) Declare the policy voidable, at the election of the insurance company C) Declare the policy voidable, at the election of the beneficiary D) Find in favor of the insured

Find in favor of the insured

__________ occurs when the testator relied on false statements when he made the will A) Duress B) Mistake C) Fraud D) Undue influence

Fraud

A[n] ______ trust is created by a court when an express trust fails and the court can imply a trust from certain behavior. A.) Actual B.) Real C.) Validating D.) Constructive E.) Resulting

Resulting

Which of the following refers to the potential for loss in an insurance agreement? A.) Premium B.) Loss C.) Distribution D.) Outlay E.) Risk

Risk

To succeed on a claim of trade dress infringement, a party must prove all but which of the following elements? A) The trade dress is primarily nonfunctional B) The trade dress is inherently distinctive or has acquired a secondary meaning C) The alleged infringement was based on either the specific or general intent of the defendant D) The alleged infringement creates a likelihood of confusion

The alleged infringement was based on either the specific or general intent of the defendant

Which of the following is not a right of a bailee? A.) The right to alter the property in order to accomplish the reason for which the bailment was entered into. B.) The right to possess the bailed property during the term of the bailment. C.) The right to use the property in a manner consistent with the terms and purpose of the bailment. D.) The right to receive compensation for the bailment unless the bailment is gratuitous. E.) The right to retain the bailed property until payment is received.

The right to alter the property in order to accomplish the reason for which the bailment was entered into

Which of the following is not a purpose of tort law? A) To compensate innocent persons who are injured B) To punish the defendant for committing a wrong against society C) To prevent private retaliation by injured parties D) To deter future wrongs

To punish the defendant for committing a wrong against society

A person who commits a tort is often referred to as a ___________. A.) Guiltfeasor B.) Criminal C.) Runaway defendant D.) Tortfeasor E.) Nominal defendant

Tortfeasor

The term __________ means the overall appearance and image of a product A) Commercial dress B) Trade dress C) Trade redress D) Commercial redress

Trade dress

Which of the following provides that a portion of a copyrighted work may be reproduced for purposes of criticism, comment, news reporting, teaching, scholarship, and research? A.) The Fair Use Doctrine B.) The Trade Use Doctrine C.) The Limited Use Doctrine D.) The Approved Use Doctrine E.) The Copyright Use Doctrine

The Fair Use Doctrine

Which of the following allows a defendant to be found not guilty by reason of insanity if he or she did not understand the nature of the act? A.) The involuntary act. B.) The substantial capacity test. C.) The irresistible impulse act. D.) The M'Naghten test. E.) The necessity defense.

The M'Naghten test

Which of the following was created specifically to combat white-collar crime? A.) Section 1984. B.) The False Claims Act. C.) The Sarbanes-Oxley Act. D.) RICO. e.) Section 1983.

The Sarbanes-Oxley Act

Which of the following may a person accused of defamation raise as a defense? A.) Truth and privilege. B.) Privilege but not truth. C.) Truth but not privilege. D.) Need, truth and privilege. E.) Need and truth

Truth and privilege

The insurer, sometimes called the __________, receives payments from the insured party and pays the __________, the person named to receive the insurance proceeds in the event of injury or damage A) Supra-scrivener; beneficiary B) Supra-scrivener; heir C) Underwriter; beneficiary D) Underwriter; heir

Underwriter; beneficiary

Which of the following occurs when a testator wrote a will under circumstances in which a person the testator trusted took advantage of the testator's weak physical or emotional condition to persuade the testator to write the will in a particular way? A.) Negligence B.) Misinformation C.) Undue influence D.) Fraud E.) Recklessness

Undue influence

__________ occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact A) Stalking B) Battery C) Assault D) Entrapment

Assault

A transfer of a tenant's entire interest in the leased property is a(n) __________ A) Delegation B) Deference C) Assignment D) Consignment

Assignment

To use the __________ doctrine successfully, a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm A) Comparative negligence B) Assumption of the risk C) Negligence per se D) Last-clear-chance

Assumption of the risk

If an insurable interest is in property, the interest must exist __________ A) In perpetuity B) At the time the policy is obtained C) At the time of the loss D) At a future time, subject to agreement between the insurer and the insured

At the time of the loss

If an insurable interest is in a life, the interest must exist __________ A) In perpetuity B) At the time the policy is obtained C) At the time of the loss D) At a future time, subject to agreement between the insurer, the insured, and the named beneficiary

At the time the policy is obtained

The requirement that a witness ______ to the will means that the witness must witness the signing of the will and then sign as a witness at the end of the document. A.) Attest B.) Acknowledge C.) Review D.) Approve E.) View

Attest

A _____ of personal property is a relationship that arises when one party transfers possession of personality to another to be used in an agreed-on manner for an agreed-on time period. A.) Bailment B.) Transfer C.) Lease D.) Loan E.) Release

Bailment

A(n) __________ of personal property is a relationship that arises when one party, the __________, transfers possession of personalty to another party, the __________ A) Assignment, assignor, assignee B) Bailment, bailor, bailee C) Assignment, assignee, assignor D) Bailment, bailee, bailor

Bailment, bailor, bailee

A[n] ______ is a term identifying the person who receives insurance proceeds in the event of injury or damage. A.) Receiver B.) Identified C.) Insured D.) Obtainer E.) Beneficiary

Beneficiary

A(n) __________ is an agreement that gives temporary insurance until the insurance company decides to accept or reject the insurance application A) Binder B) Assurance C) Addendum D) Conditional certification

Binder

__________ is the offering, giving, soliciting, or receiving of money or any object of value for the purpose of influencing the judgment or conduct of a person in a position of trust A) Embezzlement B) Blackmail C) Bribery D) Extortion

Bribery

A workers' compensation insurance policy is an example of which of the following types of insurance? A.) Economic B.) Loss C.) Casualty D.) Business E.) Injury

Casualty

If the primary purpose of the insurance is to protect a person or property from accidental injury, the insurance is known as __________ insurance A) Indemnity B) Double Indemnity C) Casualty D) "Act of God"

Casualty

A __________ is a mark licensed by a group that has established certain criteria for use of the mark, such as "U.L. Tested" or "Good Housekeeping Seal of Approval" A) Product trademark B) Collective mark C) Certification mark D) Service mark

Certification mark

People change their wills through __________, which are separate documents with new provisions that outline changes to the will A) Codicils B) Directives C) Predilections D) Reformations

Codicils

The primary type of damages in tort law is referred to as _____. A.) Nominal damages B.) Accrual damages C.) Punitive damages D.) Compensatory damages E.) Perspective damages

Compensatory damages

___________ damages are damages awarded to compensate the victim for all harm caused by the defendant tortfeasor A) Nominal damages B) Supplemental damages C) Compensatory damages D) Punitive damages

Compensatory damages

Which of the following is the legal process by which a transfer of property is made by a governmental entity against the protest of the property owner? A.) Condemnation B.) Appropriation C.) Publication D.) Substitution E.) Allocation

Condemnation

__________ is the legal process by which a transfer of property is made against the protest of the property owner A) Alienation B) Reformation C) Condemnation D) Sublimation

Condemnation

The owner of a[n] ______ estate possesses the same interest as the owner of a fee simple absolute, only this interest is subject to a condition. A.) Leasehold B.) Absolute C.) Conditional D.) Future interest E.) Life

Conditional

__________ occurs when a person permanently removes personal property from the owner's possession and control A) Reversion B) Conversion C) Diversion D) Condemnation

Conversion

In typical negligence cases, courts rarely award punitive damages, or __________ damages, which are imposed to punish the offender and deter others from committing similar offenses A) Exigent B) Exemplary C) Compensatory D) Consequential

Exemplary

__________ assumption of the risk occurs when the plaintiff expressly agrees (usually in a written contract) to assume the risk posed by the defendant's behavior A) Express B) Explicit C) Extenuating D) None of the above

Express

_________, otherwise known as blackmail, is the making of threats for the purpose of obtaining money or property A) Embezzlement B) Larceny C) Extortion D) Bribery

Extortion

The __________ provides that others may reproduce a portion of the copyrighted work for purposes of "criticism, comment, news reporting, teaching, scholarship, and research" A) Public-private partnership rule B) Equitable-utilization doctrine C) Fair-use doctrine D) Rational-use rule

Fair-use doctrine

Which of the following occurs when an individual is confined or restrained against his or her will for an appreciable period of time? A.) Qualified imprisonment. B.) False detention. C.) False imprisonment. D.) Contained detention. E.) Forcible detention.

False imprisonment

__________, a privacy tort, is closely related to defamation and occurs when publicity about a person creates an impression about an individual that is not valid. It could involve attributing characteristics or beliefs to a person that he or she does not possess, or creating the impression that an individual has taken certain actions he or she has not taken A) Appropriation for commercial gain B) False light C) Intrusion on an individual's affairs or seclusion D) Public disclosure of private facts

False light

A ______ estate is the most complete estate a person may have. A.) Conditional B.) Leasehold C.) Fee simple absolute D.) Life E.) Future interest

Fee simple absolute

A ______ is a person's present right to future property ownership and possession. A.) Conditional estate B.) Fee simple absolute C.) Future interest D.) Life estate E.) Leasehold estate

Future interest

The __________ warranty of __________ is a requirement that the premises be fit for ordinary residential purposes A) Express, habitability B) Implied, habitability C) Express, quiet enjoyment D) Implied, quiet enjoyment

Implied, habitability

An individual would purchase ______ insurance to protect his or her business from tort liability to third parties. A.) Property B.) Liability C.) Group D.) Litigation E.) Tort

Liability

A __________ is granted for the lifetime of an individual; the right to possess the property terminates at the individual's death A) Permanent estate B) Life estate C) Fee simple absolute D) Fee simple conditional

Life estate

The transfer and distribution of risk is known as risk __________ A) Alienation B) Assumption C) Deference D) Management

Management

The negligence __________ (literally, "negligence in or of itself") doctrine applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs A) Pro se B) Per se C) Per diem D) Pro hac vice

Per se

All property that is not land or not permanently affixed to land is __________ property A) Private B) Personal C) Tangible D) Intangible

Personal

If an insurance policy covers an individual's life or health, the insurance is ______ insurance. A.) Individual B.) Personal C.) Family D.) Protection E.) Unitary

Personal

False imprisonment may occur by A) Moral pressure B) Lawful arrest C) Physical restraint D) All of the above

Physical restraint

Term-life insurance provides coverage for a(n) __________ term A) Conditional B) Specified C) Reasonable D) Equitable

Specified

A person with an interest in a will, such as that of a potential beneficiary is said to have _____. A.) Heirship B.) Consideration C.) Standing D.) Acknowledgement E.) Vesting

Standing

Only certain crimes, typically violations of regulatory statutes, allow punishment without proof of guilty mind. This liability without fault, or __________ liability, applies to actions that, regardless of the care taken, are specifically prohibited, such as selling cigarettes or alcohol to a minor A) Selective B) Salacious C) Strict D) Substantive

Strict

__________ liability is liability without fault A) Negligence B) Intentional tort C) Strict D) Criminal

Strict

A(n) __________ is a transfer of less than all the interest in a leased property A) Assignment B) Consignment C) Delegation D) Sublease

Sublease

Which of the following was the result at the trial court level in the Case Opener involving Apple's claim that Samsung copied Apple's design of the iPhone and iPad and Samsung's claim that Apple infringed Samsung's patents? A.) That Samsung infringed Apple's patents, that Apple infringed Samsung's patents, but that no damages would be awarded to either party because they were both guilty of misconduct. B.) That Samsung did not infringe Apple's patents and that Apple did not infringe Samsung's patents. C.) That Apple infringed Samsung's patents but that Samsung did not infringe Apple's patents. D.) That Samsung infringed Apple's patents but that Apple did not infringe Samsung's patents. E.) That Apple infringed Samsung's patents, that Samsung infringed Apple's patents, and that damages would be awarded to both parties.

That Samsung infringed Apple's patent but that Apple did not infringe Samsung's patents

Embezzlement A) Requires entrustment B) Requires that the defendant wrongfully take property from the defendant to acquire possession and control of the property C) Is equivalent to larceny D) Is equivalent to robbery

requires entrustment

Which of the following is not a measure of damages recoverable in a tort case? A) Supplemental damages B) Compensatory damages C) Nominal damages D) Punitive damages

Supplemental damages

In which of the following types of ownership does each co-owner have the right to sell his or her interest without the consent of the other owners, have the right to own an unequal share of the property, and the right to own property subject to the right of a creditor to attach his or her interest? A.) Joint tenancy B.) Tenancy in common C.) True tenancy D.) Joined tenancy E.) Tenancy by the entirety

Tenancy in common

If a tenant fails to leave the property after the termination of the lease, a __________ lease is created A) Quitclaim B) Tenancy-at-will C) Tenancy-at-sufferance D) None of the above

Tenancy-at-sufferance

Parties to a __________ may terminate the lease at any time A) Tenancy-at-will B) Tenancy-at-sufferance C) Periodic-tenancy lease D) Definite-term lease

Tenancy-at-will

Which of the following types of life insurance provides coverage for a specified term? A.) Useful-life B.) Entire-life C.) Whole-life D.) Term-life E.) Surrender-life

Term-life

__________ capacity means that the person must be old enough to write a will, and be of sound mind A) Probate B) Contractual C) Testamentary D) Executory

Testamentary

A person who writes a will is called a(n) A) Heir B) Executor C) Testator D) Intestator

Testator

Which of the following is not required in order to properly draft a deed? A) Identification of the grantor and the grantee B) An expression of the grantee's interest to convey the property C) A legally sufficient description of the property, including its physical boundaries and any easements D) All of the above are required in order to properly draft a deed

A expression of the grantee's interest to convey the property

Sometimes property is initially movable but then becomes attached to the land. In such a situation, the property is called __________ and is considered real property A) An establishment B) The firmament C) A fixture D) Terra firma

A fixture

With which of the following does a business website address end? A.) .com B.) .org C.) .net D.) .edu E.) .gov

.com

With which of the following does an organization website address end? A.) .edu B.) .gov C.) .org D.) .com E.) .net

.org

Which of the following is true regarding what may be the subject of a patent? A.) A product, a process, an invention, or a plant produced by asexual reproduction may be the subject of a patent. B.) Only processes may be the subject of patents. C.) Only inventions may be the subject of patents. D.) An invention may be the subject of a patent, but a plant produced by asexual reproduction may not be the subject of a patent. E.) Only products may be the subject of patents.

A product, a process, an invention, or a plant produced by asexual reproduction may be the subject of a patent

Which of the following is true regarding trade secret protection? A.) A trade secret is protected from unlawful appropriation by competitors for ten years. B.) A trade secret is protected from unlawful appropriation by competitors for twenty years. C.) A trade secret is protected from unlawful appropriation by competitors as long as it is kept secret and consists of elements not generally known in the trade. D.) A trade secret is protected from unlawful appropriation by competitors for thirty years as long as it is kept secret and consists of elements not generally known in the trade. E.) A trade secret is protected from unlawful appropriation by competitors for seventy years.

A trade secret is protected from unlawful appropriation by competitors as long as it is kept secret and consists of elements not generally known in the trade.

The ______ is the person who receives transfer of possession of property in a bailment situation. A.) Transferee B.) Bailor C.) Transferor D.) Bailee E.) Novator

Bailee

A[n] ______ trust is created by a court to hold property in trust for its rightful owner. A.) Real B.) Validating C.) Actual D.) Constructive E.) Resulting

Constructive

If leased property becomes unsuitable for use because of the landlord's wrongful or omitted act, a(n) __________ eviction has occurred A) Actual B) Inalienable C) Default D) Constructive

Constructive

If the defendant successfully proves __________, no matter how slight the plaintiff's negligence, the plaintiff will be denied any recovery of damages A) Strict liability B) Comparative negligence C) Contributory negligence D) Negligence per se

Contributory negligence

If a trademark is registered, what may the owner obtain in the event of infringement from a person who used the trademark to pass off goods as being those of the mark owner? A.) An injunction prohibiting the infringer from using the mark only. B.) Damages and an injunction prohibiting the infringer from using the mark. C.) An additional amount of damages computed as a multiplier of 5 times the original damages but nothing else. D.) Damages, an injunction prohibiting the infringer from using the mark, and additional damages based on a multiplier of 5 times the original damages. E.) Damages only.

Damages and an injunction prohibiting the infringer from using the mark

All but which of the following is a type of mark? A) Product trademark B) Service mark C) Collective mark D) Decertification mark

Decertification mark

A[n] _______________ mark identifies a significant characteristic of the product but is not the common name of the product. A.) Suggestive B.) Arbitrary or fanciful C.) Common D.) Generic E.) Descriptive

Descriptive

When courts attempt to determine whether a reasonable person would have owed a duty to others, they consider all but which of the following questions? A) How likely was it that the harm would occur? B) How socially beneficial was the defendant's conduct that posed the risk of harm? C) Does the defendant in the subject litigation have a prior criminal record, and if so, what is the nature of the prior criminal record (both in terms of the number and types of prior criminal offenses)? D) What costs would have been necessary to reduce the risk of harm?

Does the defendant in the subject litigation have a prior criminal record, and if so, what is the nature of the prior criminal record (both in terms of the number and types of prior criminal offenses)?

A defendant can use the _____ defense if the idea for a crime originated not with the defendant but with a police officer or other government official who suggested it to the defendant, and the defendant would not otherwise have committed the crime. A.) Duress B.) Inescapable action C.) Entrapment D.) Necessity E.) Justifiable use of force

Entrapment

Which of the following types of insurance protects a garage owner from liability to persons who are injured by the operation of the garage? A.) Garage liability B.) Employee liability C.) Peril D.) Vehicle liability E.) Transportation liability

Garage liability

The most commonly-used deed is the __________ deed A) General warranty B) Express warranty C) Implied warranty D) Quitclaim

General warranty

A(n) __________ is a gift made in contemplation of one's immediate death A) Unconditional gift B) Unilateral gift C) Gift causa mortis D) Gift causa vivos

Gift causa mortis

Which of the following is true regarding gifts and the imposition of conditions? A.) Gifts may be conditional. B.) Gifts may not be conditional. C.) Gifts may be conditional only if one of the parties is related by blood or marriage. D.) Gifts may be conditional only if consideration is present. E.) Gifts may be conditional only if a condition precedent is involved.

Gifts may be conditional

A document that outlines the principal-agent relationship that allows an agent to make medical decisions for a principal who is unable to participate in medical decisions is called a _____. A.) Living will B.) Medical agent proxy C.) Medical decision contract D.) Living health proxy E.) Health care proxy

Health care proxy

A(n) __________ will is a will that the testator writes and signs in his/her own handwriting A) Symbolic B) Emblematic C) Holographic D) None of the above

Holographic

A(n) __________ clause states that after an insurance policy has existed for a specified period of time, the insurance company cannot contest any statements made in the insurance application A) Prima facie B) Contestability C) Incontestability D) Acceleration

Incontestability

__________ property includes such items as bank accounts, stocks, and insurance policies A) Tangential B) Intransient C) Tangible D) Intangible

Intangible

Which of the following is not an essential element of negligence? A) Duty B) Breach of Duty C) Intent to cause harm D) Damages

Intent to cause harm

Which of the following is an investment swindle in which high profits are promised from fictitious sources and early investors are paid off with funds raised from later investors? A.) Ponzi scheme B.) False token C.) False pretenses D.) False entries E.) Pretexting

Ponzi scheme

Which of the following is not a duty of a bailee? A.) The bailee must return the bailed property in good condition at the end of the bailment. B.) The bailee must not alter the bailed property in any unauthorized manner. C.) The bailee must take reasonable care of the bailed property. D.) The bailee must use the bailed property only as stipulated in the bailment agreement. E.) The bailee must at his or her own expense maintain the property.

The bailee must at his or her own expense maintain the property

At trial a defense lawyer states that evidence should not be admitted because it is "fruit of the poisonous tree." Upon which of the following is the attorney relying? A.) The Eve Rule. B.) The Eden Rule. C.) The Adam Rule. D.) The Fourth Amendment Rule. E.) The exclusionary rule.

The eclusionary rule

Which of the following is not a required element of the landlord-tenant relationship? A) A description of the property B) The equitable intent to create a landlord-tenant relationship C) The specific length of the lease D) The amount of rent to be paid to the landlord

The equitable intent to create a landlord-tenant relationship

__________ occurs when the testator wrote the will under circumstances in which a person she trusted took advantage of her weak physical or emotional condition to persuade her to write the will in a particular way A) Duress B) Mistake C) Fraud D) Undue influence

Undue influence

A __________ is a legal document that outlines how a person wants his/her property distributed on death A) Trust B) Probate agreement C) Probate assignment D) Will

Will

An easement or profit is ______ when it runs with the land adjacent to the property on which it exists. A.) Appurtenant B.) Prevailing C.) Adjoining D.) In gross E.) Express

Appurtenant

An easement or profit is __________ when it runs with land adjacent to the property on which it exists A) Dominant B) Subservient C) Appurtenant D) Habitant

Appurtenant

__________ consists of oral statements so inherently harmful that general damages are presumed A) Libel B) Libel per se C) Slander D) Slander per se

Slander per se

The Counterfeit Access Device and Computer Fraud and Abuse Act of 1984 prohibits which of the following categories of computer crimes? A) Unauthorized use of a computer to collect financial or credit information protected under federal privacy law B) Modification of data that impedes medical treatment to individuals C) The dissemination of child pornographic materials via use of a computer and/or computer-related technology D) A. and B. only

A and B only

The elements of a crime include A) Actus Reus B) Mens Rea C) Animus Horriblus D) A. and B. only

A and B only

Which of the following is false regarding bailments? A.) A bailment may be gratuitous. B.) A bailment agreement must be contained in a written agreement. C.) The standard of care varies depending on who benefits from the bailment. D.)The parties to a bailment contract can limit or expand the liability of the bailee by contract. E.) A bailment may be for consideration.

A bailment agreement must be contained in a written agreement

Which of the following is true regarding an arrest without a warrant? A.) A law enforcement officer can arrest a suspect without a warrant only if the suspect is a repeat offender. B.) A law enforcement officer can arrest a suspect without a warrant only if a violent crime is involved. C.) A law enforcement agent can arrest a suspect without a warrant if the officer believes there is probable cause but not enough time to obtain a warrant. D.) A law enforcement officer may not arrest a suspect without a warrant even if the officer believes there is probable cause but insufficient time to obtain a warrant. E.) A law enforcement agent can arrest a suspect without a warrant only if a felony is involved.

A law enforcement agent can arrest a suspect without a warrant if the officer believes there is probably cause but not enough time to obtain a warrant

Which of the following occurs when a defendant makes a first appearance? A) A magistrate determines whether the defendant was properly booked and also whether the defendant was properly arraigned. B.) A magistrate determines whether there was proof beyond a reasonable doubt for the arrest. C.) A magistrate determines whether the defendant was properly booked but not whether the defendant was properly arraigned. D.) A magistrate determines whether the defendant was properly arraigned but not whether the defendant was properly booked. E. A magistrate determines whether there was probable cause for the arrest.

A magistrate determine whether there was probable cause for the arrest

The term "computer crime" refers to any wrongful act that A) Is directed against computers B) Uses computers to commit a crime C) Involves computers D) All of the above

All of the above

Wills are ______, meaning that testators can change them. A.) Ambulatory B.) Retrievable C.) Changeable D.) Rescuable E.) Revocable

Ambulatory

Which of the following are considered infants under the law in regards to criminal activity? A.) Any person under the age of majority. B.) Any child five and under. C.) Any child twelve and under. D.) Any child ten and under. E.) Any child sixteen and under.

Any person under the age of majority

Which of the following lease covenants represents the landlord's promise that he/she will not interfere with the tenant's use and enjoyment of the property? A) Covenant of unfettered use B) Covenant of reasonable use C) Covenant of quiet enjoyment D) Covenant of unrestricted enjoyment

Covenant of quiet enjoyment

If a piece of property is divided and one portion is landlocked as a result, a(n) __________ is created. For purposes of entrance to and exit from the land, the owner of the landlocked parcel has an easement to cross the other portion A) Quasi-easement B) Equitable easement C) Easement by ratification D) Easement by necessity

Easement by necessity

A(n) __________ is a(n) __________ right to use some part of another's land for a specific purpose without taking anything from it A) Easement; revocable B) Easement; irrevocable C) Procurement; revocable D) Procurement; irrevocable

Easement; irrevocable

The ______ is the term used for the date an insurance policy begins coverage of an insured. A.) Covered date B.) Effective date C.) Acceptance date D.) Insured date E.) Application date

Effective date

A bailment may be __________ A) For the benefit of the bailor B) For the benefit of the bailee C) Either A. or B. D) Neither A. nor B.

Either A or B

A bailment may be __________ A) Gratuitous B) For consideration C) Either A. or B. D) Neither A. nor B.

Either A or B

The __________ defense applies if the idea for a crime originated with a police officer or some other government official who suggested it to the defendant, who would not otherwise have committed the crime A) Immunity B) Enlightenment C) Instigation D) Entrapment

Entrapment

A rent __________ clause permits the landlord to increase the rent in association with increases in costs of living, property taxes, or the tenant's commercial business A) Acceleration B) Escalation C) Ascendancy D) Appreciation

Escalation

The duration of one's ownership interest and the power one has over using the land depends on the type of ______ one is said to hold. A.) Condition B.) Dominion C.) Territory D.) Tenancy E.) Estate

Estate

The __________ rule holds that all evidence obtained in violation of the constitutional rights spelled out in the Fourth, Fifth, and Sixth Amendments to the U.S. Constitution is normally not admissible at trial. Such evidence is considered "fruit of the poisonous tree" because it is the result of an illegal procedure A) Eradication B) Elimination C) Evidentiary D) Exclusionary

Exclusionary

The tort of __________ occurs when someone engages in outrageous, intentional conduct likely to cause extreme emotional distress to the party toward whom the conduct is directed A) Negligence B) Negligent infliction of emotional distress C) Intentional infliction of emotional distress D) Strict liability

Intentional infliction of emotional distress

Which of the following are common classifications of torts? A.) Criminal, negligent, and strict liability. B.) Intentional, criminal, and strict liability. C.) Intentional, negligent, and criminal. D.) Administrative, civil, and criminal. E.) Intentional, negligent, and strict liability.

Intentional, negligent, and strict liability

To be protected in ____________ use, a trademark must be registered with the U.S. Patent and Trademark Office under the Lanham Act of 1947. A.) Interstate and intrastate B.) Intrastate C.) Interstate, intrastate, and commercial D.) Interstate E.) Commercial

Interstate

When a person dies without a will, the person died _________ A) Intrastate B) Intestate C) In probate D) None of the above

Intestate

An implied trust is also called a[n] ______ trust. A.) Trustless B.) Reviewed C.) Judicial D.) Untrue E.) Involuntary

Involuntary

The __________ doctrine allows the plaintiff to recover damages, despite proof of contributory negligence, as long as the defendant has a final clear opportunity to avoid the action that injured the plaintiff A) Comparative negligence B) Assumption of the risk C) Negligence per se D) Last-clear-chance

Last-clear-chance

The holder of a __________ has a possessory, but not an ownership, interest in real property A) Fee simple conditional B) Fee simple defeasible C) Leasehold D) Easement

Leasehold

Property of Mary is damaged in a fire. She claims the property damage amounted to $10,000, and the insurer claims it only amounted to $5,000. Which of the following is true in this situation? A.) Mary should file for a field evaluation. B.) Mary should call the state inspector who investigates and makes rulings in such cases. C.) The insurer is required to accept the insured's valuation unless the insurer can establish that the insured failed to act in good faith. D.) Mary should demand an appraisal under her policy's appraisal clause. E.) Mary has no alternative because she must accept the insurer's valuation.

Mary should demand an appraisal under her policy's appraisal clause

Which of the following are less serious crimes punishable by fines or imprisonment of less than one year? A.) Misdemeanor B.) Petty offenses. C.) Tort offenses. D.) Any business related crime. E.) Felony.

Misdemeanor

A(n) __________ defense tries to prove the defendant made an honest and reasonable mistake that negates the guilty-mind element of a crime A) Insanity B) Immunity C) Mistake-of-law D) Mistake-of-fact

Mistake-of-fact

A(n) __________ will is a will that two (2) or more testators execute in which they leave property to each other as long as the survivor agrees that when he or she dies, the remaining property will be distributed according to a plan created by all testators A) Survivorship B) Addendum C) Mutual D) Partnership

Mutual

When a common carrier accepts a package for transport, a __________ is created A) Bailment for the sole benefit of the bailor B) Bailment for the sole benefit of the bailee C) Mutual benefit bailment D) Constructive bailment

Mutual benefit bailment

Which of the following is a way in which a gift differs from a purchase as a way of transferring ownership? A.) No certificate of title is needed for a gift whereas it is needed for a purchase. B.) No written contract is needed for a gift whereas it is needed for a purchase. C.) No consideration is needed for a gift. D.) Intent to permanently transfer title is irrelevant when gifts are concerned. E.) Once delivered a gift may be taken back by the person who gave the gift whereas that is not true when an item is purchased.

No consideration is needed or a gift

The __________ Act makes it illegal for a person not only to infringe a copyright for commercial purposes or financial gain but also to reproduce or distribute, for no financial gain, the copyrighted work of another A) Commercial Diminution B) Commercial Remuneration C) No Electronic Theft D) Digital Millennium Copyright

No electronic theft

Which of the following, if any, is property of a decedent that is not part of a probate estate? A.) All property of a decedent is part of the probate estate. B.) Nonbequeathable C.) Nonprobate D.) Exempt E.) Nondevisable

Nonprobate

A __________ occurs when a person uses her property in an unreasonable manner that harms a neighbor's use or enjoyment of his property A) Private taking B) Private trespass C) Public nuisance D) Private nuisance

Private nuisance

The Uniform __________ Code covers a topics ranging from wills, to gifts, to life insurance A) Process B) Probate C) Commercial D) Consignment

Probate

Which of the following types of insurance protects the producer or manufacturer of a good from loss incurred by people who are injured using the good? A.) Business operations B.) Contractors' liability C.) Product liability D.) Consumer protection E.) Strict liability

Product liability

A __________ is a mark affixed to a good, its packaging, or its labeling, such as the Nike "swoosh" A) Service mark B) Product trademark C) Collective mark D) Certification mark

Product trademark

Which of the following is a set of rights and interests in relation to others with reference to a tangible or intangible object? A.) Interests B.) Business C.) Transfers D.) Commerce E.) Property

Property

___________ damages are damages awarded to punish the defendant and to deter others from similar conduct. A.) Compensatory B.) Revenge C.) Nominal D.) Retaliatory E.) Punitive

Punitive

From the grantee's perspective, the least desirable type of deed is the __________ deed A) Reservation of rights B) Whole claim C) Quitclaim D) Irrevocable

Quitclaim

The ______ deed carries no warranties, and the grantor simply conveys whatever interests he or she holds. A.) Special warranty B.) Specific C.) General warranty D.) Quitclaim E.) Approved

Quitclaim

Which of the following is the least desirable type of deed from the grantee's perspective? A.) Approved B.) General warranty C.) Quitclaim D.) Special warranty E.) Specific

Quitclaim

__________ property includes land and anything permanently attached to the land A) Personal B) Real C) Actual D) Tangible

Real

A false statement of a material fact regarding ownership of business property that results in a loss of sales is referred to as _______. A.) Trade libel B.) Libel of title C.) Slander of title D.) Slander of quality E.) Libel of sale

Slander of title

Which of the following is true if a bailment is intended to benefit only the bailor? A).The bailee is liable for harm to the bailed property arising only out of the bailee's gross negligence only. B.)The bailee is not liable for harm to the bailed property because of the doctrine of assumption of the risk. C.)The bailee is strictly liable for harm to the bailed property. D.)The bailee is liable for harm to the bailed property arising out of either the bailee's ordinary or gross negligence. E.)The bailee is liable for harm to the bailed property caused by even the slightest lack of due care on the part of the bailee.

The bailee is liable for harm to the bailed property arising only out of the bailee's gross negligence only

Which of the following is true if it is determined that harm befell bailed property due to an "act of God"? A.) The bailee is liable for harm to the bailed property arising only out of the bailee's gross negligence. B.) The bailee is strictly liable for harm to the bailed property. C.) The bailee is liable for harm to the bailed property arising out of the bailee's ordinary or gross negligence. D.) The bailee is not liable for harm to the bailed property. E.) The bailee is liable for harm to the bailed property caused by even the slightest lack of due care on the part of the bailee.

The bailee is not liable for harm to the bailed property

Which of the following holds that a person may be deemed not guilty by reason of insanity, even if he or she knew that a criminal act was wrong, as long as the defendant was driven to commit the crime from some urge resulting from a mental deficiency the defendant could not resist? A.) The irresistible impulse test. B.) The necessity defense. C.) The substantial capacity test. D.) The duress defense. E.) The involuntary act.

The irresistible impulse test

Which of the following is the way people and businesses are located on the web? A.) Through Internet names B.) Through product names C.) Through domain names D.) Through search engines E.) Through trademark names

Through domain names

A __________ is a distinctive mark, work, design, picture, or arrangement used with a product that helps consumers identify the product with the producer A) Trademark B) Patent C) Copyright D) None of the above

Trademark

Under which of the following situations does the tort of trespass to realty occur? A.) A person does not commit trespass to realty unless it can be established that the person himself or herself initially entered the land of another without permission. B.) When a person intentionally causes an object to be placed on the land of another without the landowner's permission; refuses to remove something he placed on the property that the owner of the property asked him remove; or intentionally enters the land of another without permission; but not when a person stays on the land of another when the owner tells him to depart. C.) When a person intentionally enters the land of another without permission; causes an object to be placed on the land of another without the landowner's permission; or stays on the land of another when the owner tells him to depart; but not when a person refuses to remove something he placed on the property that the owner of the property asked him remove. D.) When a person intentionally enters the land of another without permission; or stays on the land of another when the owner tells him to depart; but not when a person causes an object to be placed on the land of another without the landowner's permission or when a person refuses to remove something he placed on the property that the owner of the property asked him remove. E.) When a person intentionally enters the land of another without permission; causes an object to be placed on the land of another without the landowner's permission; stays on the land of another when the owner tells him to depart; or refuses to remove something he placed on the property that the owner of the property asked him remove.

When a person intentionally enters the land of another without permission; causes an object to be placed on the land of another without the landowner's permission; stays on the land of another when the owner tells him to depart; or refuses to remove something he placed on the property that the owner of the property asked him remove.

Which of the following is generally true regarding a storekeeper who detains a suspected shoplifter? A.) When a retailer has a reason to believe that a person is guilty of shoplifting, the store may question the person about said shoplifting in a reasonable manner and for a reasonable length of time. B.) There is no special rule for shopkeepers. Shopkeepers commit the tort of false imprisonment if they detain anyone even if that person is suspected of shoplifting. Instead, the police should be called. C.) Whenever a retailer has a reason to believe that a person is guilty of shoplifting, the store may detain the person for any length of time but may not ask any questions prior to the arrival of the police. D.) The shopkeeper may detain a shoplifter but for no longer than 20 minutes because by law it is assumed that it should take no longer than that amount of time for law enforcement officers to arrive. E.) The shopkeeper may detain the shoplifter only for a reasonable length of time but may not ask any questions prior to the arrival of the police.

When a retailer has a reason to believe that a person is guilty of shoplifting, the store may question the person about said shoplifting in a reasonable manner and for a reasonable length of time

Under a conditional privilege, a party will not be held liable for defamation unless the false statement was made _______. A.) negligently B.) in print C.) publicly D.) with actual malice E.) to an employer

with actual malice