BLAW Exam 2
Which of the following is true regarding whether silence constitutes the acceptance of an offer?
Silence does not constitute acceptance
______ due process refers to the basic fairness of laws that may deprive an individual of life, liberty, or property.
Substantive
Which constitutional amendment contains the takings clause? Multiple choice question.
The Fifth Amendment
The commerce clause is located in Article I, Section 8, of the _____.
US Constitution
The supremacy clause is located in Article VI of the _____.
US constitution
Which of the following is an accurate statement regarding an invitation to negotiate?
An invitation to negotiate is not an offer.
______ of the U.S. Constitution states that government may not pass any "Law impairing the Obligation of Contracts."
Article I Section 10
______ of the U.S. Constitution states that "Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States."
Article IV, Section 2
According to the Bill of Rights, which of the following is a true statement regarding commercial speech?
Commercial speech is broader than just advertisements.
What is the current rule regarding whether a corporation can be held criminally responsible?
Currently, corporations can be held criminally accountable for almost any crime.
Which of the following is not an accurate statement regarding disparagement?
Disparagement and unfair competition can be used interchangeably.
Which of the following is an accurate statement regarding extortion and bribery?
While bribery is offering something to obtain a desired result, extortion involves a threat if the victim does not give money or property.
______ 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.
bribery
Sources of Contract Law are
case law the Uniform Commercial Code
In the context of defamation, what does "intentional publication" mean?
communicating a false statement about someone to a third party
Which of the following is not a defense that relieves the defendant from liability even when the plaintiff has proved all four elements of negligence in a negligence case?
consumption of the harm
Which of the following is not a required element for the valid acceptance of an offer?
contemporaneous acceptance of the contractual terms
Which of the following is not a type of unprotected speech?
corporate speech
______ is the intentional publication of a false statement harmful to an individual's reputation.
defamation
______ occurs when one uses intentional deceit to facilitate personal gain.
fraudulent misrepresentation
The Eighth Amendment to the U.S. Constitution provides ______.
freedom from excessive bail
Which of the following rights is protected by the First Amendment to the U.S. Constitution?
freedom of the press
The ______ clause of the U.S. Constitution states that each state must respect the legislative acts of sister states.
full faith and credit
A computer crime can be committed by a corporate insider, such as an employee, or by an outsider, such as a(n) ______.
hacker
Which of the following is not an affirmative defense to crime?
ignorance of the law
______ contracts arise not from words but from the conduct of the parties.
implied
The dormant commerce clause is a restriction on states' authority that is ______ of the U.S. Constitution.
implied in the commerce clause
Libel can occur ______.
in a magazine or a newspaper
Which of the following is not an element that a plaintiff must prove to win a negligence case?
intent
The common law process of _____ allows courts to review legislative and executive actions to determine whether they are constitutional.
judicial review
______ crimes are nonviolent illegal acts against society.
white-collar
Tort is a French word meaning ______.
wrong
Which of the following requires the government to use fair procedures when taking the life, liberty, or property of an individual or corporation?
procedural due process
According to the ______ defense, the court determines the percentage of fault of a defendant, and the defendant is then liable for that percentage of the plaintiff's damages.
pure comparative negligence
To determine whether a classification violates the equal protection clause of the Fourteenth Amendment to the U.S. Constitution, the lowest standard of review is known as the ______ test.
rational basis
Under the ______ test, courts ask whether there is any justifiable reason to believe that the classification scheme advances a legitimate government interest.
rational basis
Trespass to realty is also called trespass to ______.
real property
When conversion occurs, the true owner can ______.
recover damages for the full value of the converted item plus any additional damages that resulted from the loss
Which of the following is not a recognized way to terminate an offer?
revocation by the offeree
According to the common law, which of the following is not a required element of an offer?
revocation of the offer by the offeror
The most common unilateral contract offer is a(n) ______.
reward
A(n) ______ is a court order that authorizes law enforcement agents to search for or seize items specifically described in the warrant.
search warrant
A defendant who is facing a punishment of _______ or more has a constitutional right to a jury trial.
six months
Defamation that is made orally is called ___________.
slander
______-liability torts occur when a defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes.
strict
If a defendant commits a(n) ______ tort, he or she is liable for the plaintiff's damages without any requirement for the plaintiff to prove that the defendant was negligent.
strict-liability
Which of the following requires the government to use fair procedures when taking the life, liberty, or property of an individual or corporation?
substantive due process
If the subject matter of an offer is destroyed, the offer ______.
terminates immediately
Which of the following is not one of the three federal laws that have aided in the fight against business-related crimes?
the Bush-Cheney Doctrine
A convenient way to research contract law is to reference ______.
the Restatement (Second) of the Law of Contracts
Which of the following is not a source of contract law?
the Universal Contracts Code
If the acceptance of an offer is received after a rejection is received, ______.
the acceptance is not valid because the rejection terminated the offer
Which of the following is not prohibited by the establishment clause of the First Amendment to the U.S. Constitution?
the freedom to practice religion as an individual sees fit
There are ______ types of damages in tort cases.
three
The Sixth Amendment to the U.S. Constitution protects the right ______.
to a speedy and public trial
Identify a purpose of awarding punitive damages in a tort case.
to deter others from engaging in an activity similar to the defendant's
Which of the following is a purpose of awarding punitive damages in a case?
to punish the defendant
A ______ is commonly defined as a wrong or injury to another, other than breach of contract.
tort
Which of the following is a recognized category of intentional torts?
torts against economic interests
Intentional torts are divided into which of the following three categories?
torts against persons, property, and economic interests
The Foreign Corrupt Practices Act (FCPA) prohibits payments to foreign officials to influence an official act or decision corruptly or to influence a foreign government.
true
The process of judicial review was established in the United States Supreme Court case Marbury v. Madison.
true
In a(n) ______, the offeror wants a performance to form the contract.
unilateral contract
Which must exist for a quasi contract to be enforced by the courts?
unjust enrichment
The Fourth Amendment to the U.S. Constitution protects against ______.
unreasonable search and seizure
As a general rule, a ______ contract is one that will be enforced
valid
Thomi told Belinda that if she did not pay him $10,000 by the week's end, he would take incriminating documents he has against her to the local police. This type of behavior is known as _____.
extortion
Assault is an example of a(n) ______ tort.
intentional
Police power consists of all except which of the following?
international trade agreements
If an offeror dies, the offer ______.
terminates immediately
A cyber ______ is a hacker whose intention is the exploitation of a target computer or network to create a serious impact, such as the crippling of a communications network or the sabotage of a business or organization.
terrorist
During which decade was the Sarbanes-Oxley Act passed?
the 2000s
Identify the primary source of authority for federal regulation of business.
the commerce clause of the us constitution
Which constitutional clause combats discrimination because it applies whenever government treats individuals differently than other similarly situated individuals, usually through a classification scheme?
the equal protection clause
Negligence is behavior that creates a(n) ______ risk of harm to others.
unreasonable
A(n) ______ contract is, in effect, not a contract at all.
void
According to the mailbox rule, the revocation of an offer by traditional letter is effective ______.
when received by the offeree
The Sarbanes-Oxley Act of 2002 intends to limit ______. Multiple choice question.
white-collar crime
Certain contracts require a(n) ______, and if there is none, the agreement will not be enforced.
writing
______ damages are based on damage or harm to property, lost wages or profits, pain and suffering, medical expenses, and other actual damages.
compensatory
Actual cause is also known as cause in ______.
fact
Most states have replaced comparative negligence with contributory negligence.
false
Pursuant to the __________ Act, an employee who reports an employer for fraud against the government retains a share of the recovery as a reward for his or her efforts.
false claims
Government's involvement is what distinguishes criminal trials from civil proceedings.
true
Which constitutional amendment guarantees citizens the right to be "secure in their persons, their homes, and their personal property"?
fourth amendment
A(n) ______ is a person who illegally accesses or enters another person's or a company's computer system to obtain information or steal money.
hacker
Torts are most commonly classified as ______ torts.
intentional, negligent, or strict-liability
Pursuant to the equal protection clause of the Fourteenth Amendment to the U.S. Constitution, if a law's classification scheme is based on gender or on the legitimacy of children, courts use ______.
intermediate scrutiny
According to the intermediate scrutiny standard, a law is constitutional only if it is ______ related to an important government objective.
substantially
To satisfy the ______ due process requirement, the government must have a proper purpose for enacting laws that restrict individuals' liberty or the use of their property
substantive
______ due process refers to the basic fairness of laws that may deprive an individual of life, liberty, or property.
substantive
The ______ provides that the Constitution, laws, and treaties of the United States constitute the supreme law of the land.
supremacy clause of the U.S. constitution
According to the ______ of the Fifth Amendment to the U.S. Constitution, when government takes private property for public use, it must pay the owner just compensation for the property.
takings clause
What does the Free Exercise Clause of the First Amendment to the United States Constitution provide?
that government cannot make a law prohibiting the free exercise of religion
Categories of intentional torts include all but which of the following?
torts against social responsibility
Courts analyze government restrictions on commercial speech according to a four-part test established in Central Hudson Gas & Electric Corp. v. Public Service Commission of New York.
true
True or false: In a criminal proceeding, the government files the charges against a defendant.
true
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?
would another individual have intended to cause the harm
Suppose the U.S. Congress enacts a legislation, the president vetoes the law, and then Congress overturns the presidential veto with a two-thirds vote of the members of Congress. This is an example of the ______ system established by the U.S. Constitution.
checks and balances
Under the strict scrutiny test, suspect classifications include all but which of the following?
classifications based on age
Today, most federal regulations are exercises of congressional authority according to the ______.
commerce clause of the US constitution
______ speech conveys information related to the sale of goods and services.
commercial
According to the Bill of Rights, which of the following is a true statement regarding commercial speech?
commercial speech is broader than just advertisements
According to the common law, which of the following is a required element of an offer?
communication of the offer to the offeree
As a result of his car accident with a negligent driver, Rasheed secured a $75,000 verdict to compensate him for injuries to his body and his car. This award is for _____ damages.
compensatory
Today, most federal regulations are exercises of ______ authority according to the commerce clause of the U.S. Constitution.
congressional
A ______ is a promise or set of promises for the breach of which the law gives a remedy or the performance of which the law in some way recognizes a duty.
contract
According to judicial interpretation of the ______ clause of the U.S. Constitution, no law can be passed that will unreasonably interfere with existing contracts.
contract
The purpose of ______ law is to punish an offender for causing harm to public health, safety, or morals.
criminal
A _____ is a hacker whose intention is the exploitation of a target computer or network to create a serious impact, such as the crippling of a communications network.
cyber terrorist
______ is a business tort that occurs when a statement is intentionally used to defame a business product or service.
disparagement
The restriction on states' authority to pass laws that substantially affect interstate commerce is called the ______ commerce clause.
dormant
Insurance. Susan, a trained nurse, was recently elected to the U.S. Senate. Susan is very concerned about the lack of insurance for many children and also working adults who cannot afford the insurance premiums. She proposes legislation that states are taxed sufficiently to provide health insurance coverage to children and that federal funds for state highways are denied to any state that does not also provide insurance coverage for uninsured adults. She also proposes that states with citizens earning higher than average incomes be taxed at a higher rate than other states. Bill, a senator, tells Susan that Congress lacks the authority to tax in this manner because the U.S. Constitution expressly reserves that right to the states. Ellen, another senator, tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives. Sam, an administrative assistant, tells Susan that Congress is prohibited from taxing residents of one state at a higher rate than citizens of another state. Which of the following is true regarding Ellen's statement?
ellen is incorrect
Contributory negligence as a defense applies in cases in which ______.
both the defendant and the plaintiff were negligent
A defendant's violation of a duty of care owed to the plaintiff is known as a(n) ______ that duty.
breach of
Which of the following is an accurate statement if an offer is directed to a specific offeree?
only the offeree to whom the offer was directed can accept the offer
A(n) ______ is an agreement whereby an offeree gives the offeror a piece of consideration in exchange for the offeror's agreement to hold the offer open for a specified period of time.
option contract
A person commits trespass to ______ by temporarily exerting control over another's personal property or interfering with the true owner's right to use the property.
personalty
Torts against ______ are intentional acts that harm an individual's physical or mental integrity.
persons
Punishable by a jail sentence of less than six months or a small fine
petty offenses
Dillon contacted Joanna to discuss a new cell phone application. The application was not real, and the application was simply used to obtain information about Joanna's phone use for a competitor. This is known as _____.
pretexting
A _____ nuisance occurs when a person uses his or her property in an unreasonable manner that harms a neighbor's use or enjoyment of his or her property.
private
Suppose that a negligence case is tried in a pure comparative negligence jurisdiction and the jury determines that the defendant was 30 percent responsible for the plaintiff's harm and that the plaintiff was 70 percent responsible for her own harm. The plaintiff's damages are $100,000. How much money, if any, will the plaintiff recover from the defendant?
$30,000
Since ______, private citizens have been using the False Claims Act to sue employers on behalf of the government for fraud against the government.
1986
Since ______, private citizens have been using the False Claims Act to sue employers on behalf of the government for fraud against the government. Multiple choice question.
1986
Which of the following is not a pertinent question to ask when determining whether a speech is obscene according to the U.S. Supreme Court standard for obscenity established in Miller v. California?
Does the speech substantially interfere with the commercial interests of the plaintiff(s)?
Identify the torts that are collectively called invasion of privacy torts.
False light Intrusion on an individual's affairs or seclusion Public disclosure of private facts Appropriation for commercial gain
Which of the following is a true statement regarding the Fifth Amendment's due process clause?
For businesspeople and corporations, the Fifth Amendment's due process clause provides extensive protection.
Diving Fiasco. Mike, who owns a dive shop in the United States, decides to take a group of his customers diving in U.S. waters. Mike is aware that sharks occasionally visit the area where the divers will be visiting. He is also aware that while stingrays are usually tame, they can become aggressive when fed. Mike does not reveal that information to the group of divers going with him. The divers go down into the water, and some have squid with which to feed the stingrays. During the dive, one of the stingrays becomes agitated and latches onto diver Susie's arm. Susie is so disconcerted that she drops her regulator (her breathing device) from her mouth and is in considerable difficulty. Another diver, Billy, encounters a shark, which snaps at him. While the shark does not actually bite Billy, the attack results in damage to his diving equipment. Mike, who is in charge of the dive, does nothing to help and leaves the other divers to return to the boat because the dive turned out to be more trouble than expected. Wendy, another diver on the trip, also returns to the boat without doing anything to help the divers in distress. Sam, on the other hand, goes to rescue the divers who are in distress. He manages to do so but in the process he pulls his back and requires medical care. All divers are very unhappy with Mike. Billy and Susie are annoyed that Mike did not come to their assistance. Which is true regarding Mike's duty to provide assistance to them during the dive?
Mike had a duty to come to their aid because he arranged the dive and was charging them.
For a corporation to be held criminally liable for the acts of an employee, the prosecutor must show all but which of the following?
The employee who committed the act has not been criminally prosecuted.
Which of the following is a true statement regarding the Bill of Rights?
The federal and state governments cannot deprive individuals of the freedoms protected by the Bill of Rights.
In asserting the contributory negligence defense, the defendant must prove which of the following?
The plaintiff's conduct fell below a reasonable standard of care and contributed to his or her injury.
How is embezzlement distinguishable from larceny?______ 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.
With embezzlement, the defendant does not take the property from another; instead, the defendant is already in possession of the property.
Douglas committed a crime for which he was found guilty and will serve a 10-year sentence in the penitentiary. What type of crime was this?
a felony
Which of the following is not a requirement for proving a strict liability case?
a negligent or intent-based act on the part of a defendant
Suppose a rejection is dispatched, but before it is received, the acceptance is communicated to the offeror. In such a case, ______.
a valid contract has been formed because the rejection is not effective until it is received
A lack of genuine assent can result from all but which of the following?
acceptance
In an offer, the offeror must manifest an intent to be bound by the offeree's ______.
acceptance
Which of the following must the government demonstrate to punish an individual for criminal behavior?
actus reus and mens rea
Which of the following is not an affirmative defense to crime?
advanced age
If the offeror does not specify a time period that an offer will be valid, the offer terminates ______.
after a reasonable amount of time
A(n) ______ consists of an offer and an acceptance.
agreement
The first element of a contract is the _____.
agreement
Which of the following is not a defense in an action for battery?
assault
______ is the wrongful conversion of another's property by one who is lawfully in possession of that property.
embezlement
______ is a term applied to a contract in which all of the terms have been fully performed.
executed
As long as some of the duties under a contract have not yet been performed, the contract is considered ______.
executory
Which of the following types of contracts is clearly set forth in either written or spoken words?
express contract
Hair Stylist Woes. Maryann went to see her hair stylist, Candy. Maryann, who had black, curly hair, requested straight, blond hair. Candy told her that she could make that change, but there would be significant upkeep involved. Candy made the change, but Maryann did not do the upkeep required. She also falsely claimed that Candy did not do what Maryann asked her to do, that Candy lied to her, and that Candy was professionally incompetent. Maryann made the statements to friends of hers. She also wrote an editorial in her college newspaper to the effect that Candy's shop should be avoided at all costs because Candy was incompetent. In fact, Candy was a good hair stylist and enjoyed a good reputation up until the time that Maryann started her criticism. Candy threatened to sue Maryann for defamation, but Maryann told Candy that Candy could not prevail because Candy could not prove loss of income. Candy had to admit that while her reputation had been damaged somewhat, the damage was primarily among the college population. Her income kept increasing from other segments of the community, and she had suffered no net loss. As far as the editorial is concerned, which of the following is true in regards to Maryann's statement that Candy cannot recover because she cannot show loss of income?
maryann is incorrect because general damages would be presumed
The terms of an offer must be definite and certain, meaning that all of the ______ terms must be included.
material
Choice, Punishable by fines and/or imprisonment for less than one year Punishable by fines and/or imprisonment for less than one year
misdemeanors
Hulio hits and injures Barbara when he accidently hits tennis balls over the fence while trying to impress his girlfriend. Barbara requires stitches from the ball hitting her above the eye. A week later, the stitches get infected. Will Hulio have to pay for the infected stitches?
yes, the infection was a forseeable result of the negligence
According to the mailbox rule, the acceptance of an offer is valid when it is ______.
placed in the mail box
Corporations engage in ______ speech when they support a particular candidate or referenda.
political
The ______ of the U.S. Constitution prohibits states from discriminating against citizens of other states when those nonresidents engage in ordinary and essential activities.
privileges and immunities clause
One of the types of due process guaranteed by the due process clause is the _______________ which requires the government to use fair procedures before depriving a person of his or her life, liberty, or property.
procedural due process
Which of the following is an inaccurate statement regarding the communication of acceptance of an offer to the offeror?
An acceptance must be communicated in writing for it to be effective.
Which of the following is an inaccurate statement regarding battery?
Assault and battery are always synonymous
A(n) ______ is a fraudulent operation in which the operator, an individual or organization, pays returns to its investors from new capital paid to the operators by new investors rather than from profit earned by the operator.
Ponzi scheme
The Miranda rights provide that a law enforcement officer must inform an arrested individual of which of the following before the officer questions the individual?
That the individual has the right to consult with an attorney before speaking to the officer
Which constitutional amendment prohibits cruel and unusual punishment?
The Eighth Amendment
______ was originally enacted to combat organized crime.
The Racketeer Influenced and Corrupt Organizations Act
A(n) ______ occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact.
assault
Which of the following is a true statement regarding assault?
assault does not require actual bodily contact
______ is a defense available to defendants where a defendant must prove the plaintiff voluntarily undertook the risk the defendant caused.
assumption of the risk
Which of the following is a true statement regarding the use of assumption of the risk as a defense available to defendants?
assumption of the risk is a defense to a negligence claim
Which of the following is not an example of a fraudulent crime?
false imprisonment
Suppose Jim goes door-to-door selling vacuum cleaners at an amazing discount. To obtain the discount, customers must pay immediately, and the vacuum cleaner will be delivered to them in three to five business days. However, Jim possesses no vacuum cleaners and does not plan to deliver any. Jim has committed the crime of ______.
false pretense
Although the U.S. Constitution does not explicitly allow courts to review legislative and executive actions to determine whether they are constitutional, early common law established this process, known as ______.
judicial review
Four distinct torts, collectively called invasion of privacy torts, protect an individual's right to _____.
keep certain things out of public view even if they are true
The _____ doctrine allows the plaintiff to recover damages despite proof of contributory negligence as long as the defendant had a final clear opportunity to avoid the action that injured the plaintiff.
last-clear-chance
Proximate cause is also referred to as ______ cause.
legal
If defamation is published in a permanent form, it is known as ______.
libel
The Racketeer Influenced and Corrupt Organizations Act prohibits persons employed by or associated with an enterprise from engaging in a pattern of ______ activity.
racketeering
Which of the following does not constitute bribery?
rejecting a bribe
Which of the following is not a required element of battery?
negligent (by the defendant)
Which of the following is an accurate statement regarding nominal damages in tort cases?
Nominal damages signify that a plaintiff has been wronged by a defendant even though the plaintiff suffered no compensable harm.
Which of the following is an accurate statement regarding the rejection of an offer?
Rejection of an offer terminates the offer.
A(n) ______ contract is commonly defined as a promise in exchange for a promise.
bilateral
Strict liability is liability without ______.
fault
_____ cannot deprive individuals of the freedoms protected by the Bill of Rights.
federal and state governments
______ is a system of government according to which the authority to govern is divided between federal and state governments.
federalism
Choice, Punishable by imprisonment for more than one year in a penitentiary or by death Punishable by imprisonment for more than one year in a penitentiary or by death
felonies
Which of the following is not a tort classification?
felony
In his criminal trial for conspiracy to defraud a client, Leroy chose not to testify on his own behalf. He did so claiming the protection of the _____ Amendment to the United States Constitution, which includes the right not to incriminate oneself.
fifth
The establishment clause is present in the ______ Amendment to the U.S. Constitution.
first
______ contracts are those that have a special form or must be created in a specific manner.
formal
In most states, proximate cause is determined by ______.
forseeability
Suppose a negligence case is tried in a modified negligence jurisdiction and the jury determines that the defendant was 40 percent responsible for the plaintiff's harm and that the plaintiff was 60 percent responsible for her own harm. The plaintiff's damages are $100,000. What amount of money, if any, will the plaintiff recover from the defendant?
nothing
Using one's property in a manner that causes a neighbor to be subjected to flooding, vibrations, excessive noise, or smoke could lead to a(n) ______ claim.
nuisance
Contracts are interpreted using a(n) ______ standard, meaning that the courts are concerned with only a party's outward manifestations of his or her intent.
objective
In an offer, the ______ must be communicated to the offeree or to the offeree's agent.
offer
In terms of acceptance of an offer, a(n) ______ can manifest contractual intent by either performance or a return promise.
offeree
In the context of an offer, the ______ is said to be the master of his or her offer.
offeror
A contract is a set of legally enforceable ______.
promises
Unlike in a civil procedure, the ______ always brings the criminal case in a criminal procedure.
prosecutor
Insurance. Susan, a trained nurse, was recently elected to the U.S. Senate. Susan is very concerned about the lack of insurance for many children and also working adults who cannot afford the insurance premiums. She proposes legislation that states are taxed sufficiently to provide health insurance coverage to children and that federal funds for state highways are denied to any state that does not also provide insurance coverage for uninsured adults. She also proposes that states with citizens earning higher than average incomes be taxed at a higher rate than other states. Bill, a senator, tells Susan that Congress lacks the authority to tax in this manner because the U.S. Constitution expressly reserves that right to the states. Ellen, another senator, tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives. Sam, an administrative assistant, tells Susan that Congress is prohibited from taxing residents of one state at a higher rate than citizens of another state. Which of the following is true regarding Bill's statement?
He is incorrect. The U.S. Constitution contains no such reservation.
Which of the following is an accurate statement regarding criminal procedure versus civil procedure?
The U.S. Constitution provides more express protections for a criminal defendant than for a civil defendant.
Which of the following is not one of the essential elements required for criminal fraud liability?
The defendant fails to do what a reasonable person would have done under the same or similar circumstances.
In a ______ comparative negligence jurisdiction, courts calculate damages in the same manner as a pure comparative negligence jurisdiction, except that the defendant in a case must be more than 50 percent at fault before the plaintiff can recover.
modified
Which of the following is not an example of a fraudulent crime?
negligence
Chewer. The state in which Susan lives has a statute prohibiting dogs running at large. All dogs are required to be on a leash whenever they are off the owner's premises. Susan's dog, while not on a leash, visits the home of a neighbor down the street. While there, the dog carries off an expensive pair of shoes belonging to Robert. The shoes are chewed and destroyed. A neighbor informed Robert of what had happened. Robert commented that he never should have left his $300 shoes lying on the deck in the first place but that he expects to be repaid by Susan. Robert found out that the dog had carried away a number of shoes and other articles in the neighborhood, chewing them to pieces. Susan did nothing to warn anyone. Robert thinks that she should be punished for her activities, which would perhaps deter her from allowing the dog to run loose. Upon which of the following theories will Robert likely rely in seeking recovery against Susan for his shoes?
negligence per se
A(n) ______ tort occurs when a defendant is careless to someone else's detriment.
negligent
According to the mirror-image rule, if the terms of the acceptance of an offer do not mirror the terms of the offer, ______.
no contract is formed
______ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which no compensable damages were suffered by the plaintiff.
nominal
Under the common law, the agreement in a contract begins when _____
one party, the offeror, makes an offer to another party, the offeree
