BLAW exam 2

Intentional misrepresentation occurs when

-a seller conceals a defect in the product -when a seller affirmatively misrepresents the quality of a product.

Zoning generally does all of the following​:

-establishes land use districts within a municipality -establishes aesthetic requirements for the exterior of buildings -restricts the location of buildings on a building site -restricts the height and size of buildings on a building site

In evaluating the adequacy of a​ product's design,​ risk-utility analysis requires a court to consider:

-the social utility of the product -the likelihood that injury will occur -the cost of producing a safer alternative design -the gravity of the danger posed by the design

In​ _____, one person steals information about another person to pose as that person and take the innocent​ person's money or property or to purchase goods and services using the​ victim's credit information.

ID theft

Which of the following is NOT part of the Miranda​ rights?

If you remain​ silent, failure to respond to criminal interrogation can be used as evidence of your guilt.

The oral statement​ "My lawyer is​ lousy" is likely​ _____.

an opinion and therefore not defamatory

​_____ is the threat of immediate harm or offensive​ contact, or any action that arouses reasonable apprehension of imminent harm.

assault

A defect in manufacture occurs when a manufacturer fails to​ _____.

assemble the product properly

For the​ _____ defense to apply to a product liability​ action, the defendant must prove that the plaintiff knew and appreciated the​ risk, and that the plaintiff voluntarily assumed the risk.

assumption of the risk

​_____ is a defense that a defendant can use against a plaintiff who knowingly and voluntarily enters into or participates in a risky activity that results in injury.

assumption of the risk

The​ _____ doctrine is a special tort rule that imposes liability on a landowner to children who have trespassed onto his or her property with the intent to play on a hazard and are killed or injured while doing so.

attractive nuisance

Which of the following is NOT a type of real​ property?

automobiles

A statute of​ _____ requires an injured person to bring an action within a certain number of years from the time that he or she was injured by a defective product.

limitations

​_____ crimes are inherently evil.

mala in se

Misdemeanors are​ _____ crimes; that​ is, they are not inherently evil but are prohibited by society.

mala prohibita

Tenancy by the entirety is a form of​ co-ownership of real property that can be used only by​ _____.

married couples

To be successful in a product liability action based on​ _____, the plaintiff must prove that the defendant breached a duty of due care to the plaintiff and thereby caused the​ plaintiff's injuries.

negligence

​_____ is a tort related to defective products in which the defendant has breached a duty of care and caused harm to the plaintiff.

negligence

The violation of a statute that proximately causes an injury is​ _____.

negligence per se

Some states refer to involuntary manslaughter as​ _____.

negligent homicide

A party may enter a plea of​ _____, whereby the accused agrees to the imposition of a penalty but does not admit guilt.

nolo contendere

The doctrine of unintentional tort is commonly referred to as​ _____ negligence.

ordinary

Recovery for fraud is limited to

persons who were injured because they relied on the misrepresentation

Which of the following is NOT a common factor a court may consider in evaluating the adequacy of a​ product's design through​ risk-utility analysis?

prevailing macroeconomic market conditions

The law recognizes each​ person's right to live his or her life without being subjected to unwarranted and undesired publicity. A violation of this right constitutes the tort of invasion of the right to​ _____.

privacy

Merchant protection statutes are also known as the​ shopkeeper's _____.

privilege

Warrantless arrests must be based on​ _____.

probable cause

Zoning laws act​ _____; that​ is, uses and buildings that already exist in the zoned area are permitted to continue even though they do not fit within new zoning ordinances. Such uses are called​ _____ uses.

prospectively; nonconforming

​_____ cause is also called legal cause.

proximate

Misappropriation of the right to​ _____ is an attempt by another person to appropriate a living​ person's name or identity for commercial purposes.

publicity

In product liability​ cases, a court can award​ _____ damages if it finds that the​ defendant's conduct was committed with intent or with reckless disregard for human life.

punitive

​_____ damages are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff.

punitive

A conveyance of property to a church​ "as long as the land is used as a church or for church​ purposes" creates a​ _____.

qualified fee

​A(n) _____ deed is a deed in which the grantor transfers only whatever interest he or she has in the real property.

quitclaim

​_____ property is immovable or attached to immovable land or buildings.

real

Courts decide whether a duty of care is owed in specific cases by applying​ a(n) _____ standard.

reasonable person

If the right of possession returns to a third party on the expiration of a limited or contingent​ estate, it is called a​ _____.

remainder

A statute of​ _____ limits the​ seller's liability to a certain number of years from the date when the product was first sold.

repose

A​ _____ is a right of possession that returns to the grantor after the expiration of a limited or contingent estate.

reversion

Which of the following is NOT a way ownership of real property can be transferred from one person to​ another?

revocation

In evaluating the adequacy of a​ product's design, a court may apply a​ _____ analysis. This requires the court to consider the gravity of the danger posed by the​ design, the likelihood that injury will​ occur, the availability and cost of producing a safer​ design, and the social utility of the product.

risk utility

In common​ law, _____ is defined as the taking of personal property from another person or business by the use of fear or force.

robbery

Actionable fraud requires that the wrongdoer had knowledge that the representation was false and intended to deceive the innocent party. This is known as​ _____.

scientier

​_____ is the intentional unlawful killing of a human being by another person that is not premeditated or planned in advance.

second-degree murder

Almost all states have enacted merchant protection​ statutes, also known as the​ _____.

shopkeepers privilege

Which of the following is NOT a form of​ co-ownership of real​ property?

sole proprietorship

The actual performance of the criminal act is called the​ _____.

actus reus

Which of the following is NOT one of the most common types of product​ defects?

breach of fiduciary duty

How many states recognize a form of​ co-ownership known as community​ property?

9

​_____ relieves medical professionals from liability for​ _____ negligence when they stop and render aid to victims in emergency situations.

A Good Samaritan​ law; ordinary

Which of the following is an accurate statement regarding a hung​ jury?

A hung jury cannot come to a unanimous decision about the​ defendant's guilt.

Which of the following is a correct statement regarding a quitclaim​ deed?

A quitclaim deed is a deed in which the grantor transfers only whatever interest he or she has in the real property.

Which of the following is an accurate statement regarding a warrantless​ arrest?

A warrantless arrest must be based on probable cause and a showing that it was not feasible to obtain an arrest warrant.

The​ _____ makes it a federal crime to access a computer knowingly to obtain restricted federal government information.

CFAA

Two or more persons may own a piece of real property. This is called​ _____ ownership.

Conccurent

Which of the following is an INCORRECT statement regarding community​ property?

During the​ marriage, either spouse can​ sell, transfer, or make a gift of community property without the consent of the other spouse.

​_____ is a tort in which the presumption of negligence arises because the defendant was in exclusive control of the​ situation, and the plaintiff would not have suffered injury but for​ someone's negligence.

Res ipsa loquitur

Which of the following is an INCORRECT statement regarding subsurface​ rights?

Subsurface rights are also referred to as intangible rights.

Under the​ _____ intent​ doctrine, the law transfers the​ perpetrator's intent from the target to the actual victim of the act.

Transferred

Suppose that a father is walking his young daughter to school when a driver of an automobile negligently runs off the road and onto the​ sidewalk, hitting the girl but not her father. The young girl dies from her injuries. The father suffers severe emotional distress by seeing his daughter die and manifests his distress by suffering physically. Which of the following is an accurate statement regarding the​ father's right to sue and recover damages from the driver of the​ automobile?

The father can sue and recover damages from the driver of the automobile for negligent infliction of emotional distress for the severe distress he suffered by seeing his daughter die.

Which of the following is an INCORRECT statement regarding a life​ estate?

The person who is given a life estate is called the proprietor.

Which of the following is an accurate statement regarding a criminal​ conspiracy?

To be liable for a criminal​ conspiracy, a person must commit an overt act to further the crime.

A manufacturer or seller is relieved of product liability if the plaintiff has been injured by​ a(n) _____ of a product.

abnormal missuse

​_____ cause is also called causation in fact.

actual

​_____ occurs when a product has been placed in packaging that is insufficiently tamperproof.

a defect in packaging

The​ _____ doctrine says that automobile manufacturers are under a duty to design automobiles so that they take into account the possibility of harm from a​ person's body striking something inside the automobile in the case of a car accident.

crashworthiness doctrine

​_____ is unauthorized and harmful or offensive physical contact with another person that causes injury.

battery

Extortion of private persons is commonly referred to as​ _____.

blackmail

Harriet Landers is the purchasing agent for the ABC Corporation and is in charge of purchasing equipment to be used by the corporation. Neal​ Brown, the sales representative of a company that makes equipment that can be used by the ABC​ Corporation, offers to pay her a 10 percent kickback if she buys equipment from him. She accepts the kickback and orders the equipment. Both parties are guilty of​ _____.

bribery

​A(n) _____ is defined as any act by an individual in violation of those duties that he or she owes to society and for the breach of which the law provides that the wrongdoer shall make amends to the public.

crime

In the landmark case Greenman v. Yuba Power​ Products, Inc.​, the​ _____ Court adopted the doctrine of​ _____ in tort as a basis for product liability actions.

california supreme; strict liability

In terms of negligence​ liability, throwing a lit match on the ground in the forest and causing a fire is a breach of a duty of​ _____.

care

Which of the following is NOT a recognized term for a false statement about a​ competitor's products,​ services, property, or business​ reputation?

commercial denunciation

The parties to a tenancy in common are called tenants in​ _____.

common

​_____ is a form of ownership in which each spouse owns an equal​ one-half share of the income of both spouses and the assets acquired during the marriage.

community property

​_____ is a doctrine that applies to strict liability actions that says a plaintiff who is contributorily negligent for his or her injuries is responsible for a proportional share of the damages.

comparative negligence

Suppose that an automobile manufacturer realizes that one of its models of vehicles has a defect in the braking mechanism. If the automobile manufacturer does not notify the owners of this type of vehicle of the defect and someone is injured because of the​ defect, the manufacturer will be liable for​ _____ damages for the injuries caused to the injured party. The automobile manufacturer will most likely be assessed​ _____ damages for its callous disregard for the safety of the public.

compensatory;punitive

A criminal​ _____ occurs when two or more persons enter into an agreement to commit a crime.

conspiracy

The​ _____ test requires demonstration that a product is more dangerous than the ordinary consumer would expect.

consumer expectation

Under the defense of​ _____, a party who is partially at fault for causing her own injuries is barred from recovering damages from the defendant in a product liability action.

contributory negligence

​_____ is a doctrine that says that a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant.

contributory negligence

A​ _____ occurs when a product is designed incorrectly.

defect in design

A​ _____ occurs when the manufacturer fails to assemble a product​ properly, test a product​ properly, or check the quality of a product adequately.

defect in manufacturer

Suppose a manufacturer of salad dressing fails to put tamperproof seals on its salad dressings. This is an example of a​ _____.

defect in packaging

All parties in the chain of​ _____ of a defective product are​ _____ liable for the injuries caused by that product.

distribution ; strictly

An owner of real estate who makes a conveyance of real property​ "to Anna for her​ life" creates a​ _____.

life estate

Comparative negligence is also known as comparative​ _____.

fault

Strict liability is liability without​ _____.

fault

The​ _____ Amendment to the U.S. Constitution protects criminal defendants from cruel and unusual punishment.

eighth

The crime of​ _____ is the fraudulent conversion of property by a person to whom that property was entrusted.

embezzlement

Which of the following is the key element of​ embezzlement?

entrustment

A life estate may be measured by the life of a third​ party, which is called​ a(n) _____.

es estate pour autre vie

The​ _____ rule says that evidence obtained from an unreasonable search and seizure can generally be prohibited from introduction at a trial or an administrative proceeding against the person searched.

exclusionary

​_____ occurs when a manufacturer does not place a warning on the packaging of products that could cause injury if the danger is unknown.

failure to warn

Mary owns a​ _____ in a piece of real property. This means that there are no limitations on her ownership rights. Mary owns this property while she is​ alive, with no conditions on her ownership​ rights, and she can transfer the property by will to a named beneficiary or beneficiaries when she dies.

fee simple absoloute

Sometimes a murder is committed during the commission of another crime even though the perpetrator did not originally intend to commit murder. Most states hold the perpetrator liable for the crime of murder in addition to the other crime. This is called the​ _____ rule.

felony murder

The​ _____ Amendment to the U.S. Constitution provides that no person​ "shall be compelled in any criminal case to be a witness against​ himself."

fifth

The​ _____ Amendment to the United States Constitution provides that no person​ "shall be compelled in any criminal case to be a witness against​ himself."

fifth

Goods that are affixed to real estate and thus become part of it are known as​ _____.

fixtures

The general test of proximate cause is​ _____.

forseeablity

The​ _____ Amendment to the U.S. Constitution protects persons and corporations from overzealous investigative activities by the government.

fourth

Assault and battery are usually considered​ _____ intent crimes.

general

An indictment is the charge of having committed a crime​ (usually a​ felony), based on the judgment of​ a(n) _____.

grand jury

Which of the following is NOT a type of real​ property?\ A.buildings B.subsurface rights C.land D.plant life E.harvested timber

harvested timber

If a person owns real property in fee​ simple, his or her ownership​ _____.

has no limitation on inheritablibity

Suppose a defendant is tried for the crime of murder. A​ 12-person jury hears the case. If 10 jurors find the defendant guilty but 2 jurors find the defendant not​ guilty, then there is a​ _____.

hung jury

Which of the following is an INCORRECT statement regarding the defect of failure to​ warn?

in terms of product defect and liability resulting​ therefrom, federal law does not recognize the concept of inherent danger.

Which of the following is NOT a required element of a negligence​ lawsuit?

intent

Which of the following torts is also referred to as the tort of​ outrage?

intentional infliction of emotional distress

A buyer or lessee who is injured because a seller or lessor fraudulently misrepresented the quality of a product can sue the seller for the tort of​ _____.

intentional missrepresentation

Which of the following are the three categories of​ torts?

intentional​ torts, negligence, and strict liability

Liability that is imposed on a party even though he or she has exercised all possible care and has not been at fault for the injuries suffered by the plaintiff is called .

liability without fault

Strict liability is

liability without fault

A false statement that appears in writing or other fixed medium is​ _____, while an oral defamatory statement is​ _____.

libel; slander

A​ _____ warranty​ deed, also known as​ a(n) _____ warranty​ deed, protects a buyer only from defects in title that were caused by the seller.

special; limited

​Arson, forgery, and fraud are examples of​ _____ intent crimes.

specific

Activities such as crop​ dusting, blasting,​ fumigation, burning of​ fields, storage of​ explosives, and the keeping of animals and pets are usually considered activities to which​ _____ liability applies.

strict

In the landmark case Greenman v. Yuba Power Products, Inc., the California Supreme Court adopted the doctrine of .

strict liability

The manufacturer or seller is not liable if a product is materially altered or modified after it leaves the​ seller's possession and the alteration or modification causes an injury. Such alteration or modification is called a ​ _____ event.

supervening

Joint tenancy is a form of​ co-ownership that includes the right of​ _____.

survivorship

​_____ is a form of​ co-ownership of real property that can be used only by married couples.

tenancy by the entirety

Which of the following is NOT an element required to prove​ disparagement?

the defendant made the statement without intent to injure the plaintiff

Which of the following is NOT a required element of​ fraud?

the wrongdoer was a casual​ (i., a​ non-merchant) seller

Some states refer to voluntary manslaughter as​ _____.

third-degree muder

Because strict product liability is​ a(n) _____​ doctrine, privity of contract between the plaintiff and the defendant​ _____ required.

tort; is not

Under the doctrine of​ _____ intent, the law applies the​ perpetrator's intent from the target to the actual victim of the act.

transfered

​_____ is the intentional unlawful killing of a human being by another person that is not premeditated or planned in advance and that is committed under circumstances that would cause a person to become emotionally upset.

voluntary manslaughter

Tort is the French word for a​ _____.

wrong

​_____ generally:​ 1) establish(es) land use districts within the​ municipality; 2)​ restrict(s) the​ height, size, and location of buildings on a building​ site; and​ 3) establish(es) aesthetic requirements or limitations for the exterior of buildings.

zoning

​_____ negligence is a doctrine that says that a person is liable for harm that is caused by his or her willful misconduct or reckless​ behavior; in such a​ case, punitive damages​ _____ allowed.

​Gross; are