Question 1

All intervening causes of harm are also superseding causes.

Accepted Answer

A) True 
 B)False  False

Question 2

Match each statement with the correct term below.
-preliminary hearing

Accepted Answer

A) Mental fault; the mental element of a crime. 
B) A person who enters or remains on the land of another without permission or privilege to do so. 
C) The nonmental elements of a crime, including the wrongful, physical act. 
D) Unauthorized use of a person's name or likeness for one's own benefit. 
E) Liability for nonintentional and nonnegligent conduct.
F)Determines whether there is probable cause.
G)Liability imposed on one for the acts of another.
H)A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.
I)Publication of false statements resulting in harm to another's business or monetary interest.
J)The crime of taking the property of one's employer in violation of a trust.
K)The crime of entering a building with the intent to commit a felony.
L)Injury to a person's reputation by the publication of false statements.
M)A person privileged to enter or remain on land by virtue of the consent of the lawful possessor.
N)A serious crime punishable by death or imprisonment in a penitentiary.
O)An intervening event that occurs after the defendant's negligent conduct and that relieves him of liability.
P)The nontrespassory invasion of another's interest in the private use and enjoyment of his land.
Q)A crime that is wrong in itself or morally wrong, such as murder.
R)The intentional infliction of harmful or offensive bodily contact.
S)Immunity from tort liability.
T)Conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm.
U)Purposeful, knowing, or reckless.
V)Intentional exercise of dominion or control over another's personal property.
W)Unreasonable and highly offensive interference with the seclusion of another.
X)A hearing at which the accused is informed of the crime against him and he enters a plea.
Y)Rule that permits the jury to infer both negligent conduct and causation. 
A) Mental fault; the mental element of a crime. 
B) A person who enters or remains on the land of another without permission or privilege to do so. 
C) The nonmental elements of a crime, including the wrongful, physical act. 
D) Unauthorized use of a person's name or likeness for one's own benefit. 
E) Liability for nonintentional and nonnegligent conduct.
F)Determines whether there is probable cause.
G)Liability imposed on one for the acts of another.
H)A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.
I)Publication of false statements resulting in harm to another's business or monetary interest.
J)The crime of taking the property of one's employer in violation of a trust.
K)The crime of entering a building with the intent to commit a felony.
L)Injury to a person's reputation by the publication of false statements.
M)A person privileged to enter or remain on land by virtue of the consent of the lawful possessor.
N)A serious crime punishable by death or imprisonment in a penitentiary.
O)An intervening event that occurs after the defendant's negligent conduct and that relieves him of liability.
P)The nontrespassory invasion of another's interest in the private use and enjoyment of his land.
Q)A crime that is wrong in itself or morally wrong, such as murder.
R)The intentional infliction of harmful or offensive bodily contact.
S)Immunity from tort liability.
T)Conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm.
U)Purposeful, knowing, or reckless.
V)Intentional exercise of dominion or control over another's personal property.
W)Unreasonable and highly offensive interference with the seclusion of another.
X)A hearing at which the accused is informed of the crime against him and he enters a plea.
Y)Rule that permits the jury to infer both negligent conduct and causation. F

Question 3

Match each statement with the correct term below.
-civil law

Accepted Answer

A) The judiciary initiates, conducts, and decides cases. 
B) Part of private law dealing with rights and duties of individuals among themselves. 
C) A system of law based upon Roman law which depends upon comprehensive legislative enactments and the inquisitorial system of determining disputes. 
D) A system of law first developed in England that relies heavily on the judiciary as a source of law and on the adversary system for settling disputes. 
E) Theory that actions must be judged by their motives and means as well as their results.
F)The law establishing duties which, if violated, constitute a wrong against the entire community.
G)A legal obligation requiring a person to perform or refrain from performing an act.
H)A body of law based upon principles distinct from common law and providing remedies not available at law.
I)A court order requiring a party to do or to refrain from doing a specified act.
J)A general legal principle formulated by equity courts.
K)Person who initiates a civil suit.
L)Rules for enforcing substantive law.
M)Theory stressing equality of opportunity rather than results.
N)An equitable remedy rewriting a contract to conform to the original intent of the parties.
O)An equitable remedy invalidating a contract by setting it aside.
P)Theory that moral actions are those that produce the greatest net pleasure compared with net pain.
Q)A court order directing a party to perform a contractual duty.
R)The principle found in common law systems that requires courts to apply rules decided in prior cases in deciding substantially similar cases.
S)Basic law that creates rights and duties.
T)Theory that actions must be judged by what individuals subjectively feel is right or wrong for themselves. 
A) The judiciary initiates, conducts, and decides cases. 
B) Part of private law dealing with rights and duties of individuals among themselves. 
C) A system of law based upon Roman law which depends upon comprehensive legislative enactments and the inquisitorial system of determining disputes. 
D) A system of law first developed in England that relies heavily on the judiciary as a source of law and on the adversary system for settling disputes. 
E) Theory that actions must be judged by their motives and means as well as their results.
F)The law establishing duties which, if violated, constitute a wrong against the entire community.
G)A legal obligation requiring a person to perform or refrain from performing an act.
H)A body of law based upon principles distinct from common law and providing remedies not available at law.
I)A court order requiring a party to do or to refrain from doing a specified act.
J)A general legal principle formulated by equity courts.
K)Person who initiates a civil suit.
L)Rules for enforcing substantive law.
M)Theory stressing equality of opportunity rather than results.
N)An equitable remedy rewriting a contract to conform to the original intent of the parties.
O)An equitable remedy invalidating a contract by setting it aside.
P)Theory that moral actions are those that produce the greatest net pleasure compared with net pain.
Q)A court order directing a party to perform a contractual duty.
R)The principle found in common law systems that requires courts to apply rules decided in prior cases in deciding substantially similar cases.
S)Basic law that creates rights and duties.
T)Theory that actions must be judged by what individuals subjectively feel is right or wrong for themselves. B

Question 4

Which of the following are activities that give rise to strict liability?

Accepted Answer

A) Performing abnormally dangerous activities. 
B) Selling defective, unreasonably dangerous products. 
C) Keeping animals. 
D) (a), (b), and (c) are correct. 
A) Performing abnormally dangerous activities. 
B) Selling defective, unreasonably dangerous products. 
C) Keeping animals. 
D) (a), (b), and (c) are correct.

Question 5

In most of the states,a sixteen-year-old who drives a car will be held to the same standard of care in driving as an adult for purposes of determining negligence.

Accepted Answer

A) True 
 B)False

Question 6

A defendant will be liable for all harm that can be traced back to the defendant's negligence.

Accepted Answer

A) True 
 B)False

Question 7

If a statute is found to be applicable to a fact situation,then the courts will hold that an unexcused violation of that statute which causes an injury to another is:

Accepted Answer

A) strict liability. 
B) res ipsa loquitur. 
C) negligence per se. 
D) assumption of the risk. 
A) strict liability. 
B) res ipsa loquitur. 
C) negligence per se. 
D) assumption of the risk.

Question 8

A blind person will be held to the standard of care of the reasonable blind person rather than that of the reasonable sighted person for purposes of determining negligence.

Accepted Answer

A) True 
 B)False

Question 9

Compliance with a legislative enactment or administrative regulation does not prevent a finding of negligence if a reasonable person would have taken additional precautions to avoid harm.

Accepted Answer

A) True 
 B)False

Question 10

Match each statement with the correct term below.
-mens rea

Accepted Answer

A) Mental fault; the mental element of a crime. 
B) A person who enters or remains on the land of another without permission or privilege to do so. 
C) The nonmental elements of a crime, including the wrongful, physical act. 
D) Unauthorized use of a person's name or likeness for one's own benefit. 
E) Liability for nonintentional and nonnegligent conduct.
F)Determines whether there is probable cause.
G)Liability imposed on one for the acts of another.
H)A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.
I)Publication of false statements resulting in harm to another's business or monetary interest.
J)The crime of taking the property of one's employer in violation of a trust.
K)The crime of entering a building with the intent to commit a felony.
L)Injury to a person's reputation by the publication of false statements.
M)A person privileged to enter or remain on land by virtue of the consent of the lawful possessor.
N)A serious crime punishable by death or imprisonment in a penitentiary.
O)An intervening event that occurs after the defendant's negligent conduct and that relieves him of liability.
P)The nontrespassory invasion of another's interest in the private use and enjoyment of his land.
Q)A crime that is wrong in itself or morally wrong, such as murder.
R)The intentional infliction of harmful or offensive bodily contact.
S)Immunity from tort liability.
T)Conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm.
U)Purposeful, knowing, or reckless.
V)Intentional exercise of dominion or control over another's personal property.
W)Unreasonable and highly offensive interference with the seclusion of another.
X)A hearing at which the accused is informed of the crime against him and he enters a plea.
Y)Rule that permits the jury to infer both negligent conduct and causation. 
A) Mental fault; the mental element of a crime. 
B) A person who enters or remains on the land of another without permission or privilege to do so. 
C) The nonmental elements of a crime, including the wrongful, physical act. 
D) Unauthorized use of a person's name or likeness for one's own benefit. 
E) Liability for nonintentional and nonnegligent conduct.
F)Determines whether there is probable cause.
G)Liability imposed on one for the acts of another.
H)A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.
I)Publication of false statements resulting in harm to another's business or monetary interest.
J)The crime of taking the property of one's employer in violation of a trust.
K)The crime of entering a building with the intent to commit a felony.
L)Injury to a person's reputation by the publication of false statements.
M)A person privileged to enter or remain on land by virtue of the consent of the lawful possessor.
N)A serious crime punishable by death or imprisonment in a penitentiary.
O)An intervening event that occurs after the defendant's negligent conduct and that relieves him of liability.
P)The nontrespassory invasion of another's interest in the private use and enjoyment of his land.
Q)A crime that is wrong in itself or morally wrong, such as murder.
R)The intentional infliction of harmful or offensive bodily contact.
S)Immunity from tort liability.
T)Conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm.
U)Purposeful, knowing, or reckless.
V)Intentional exercise of dominion or control over another's personal property.
W)Unreasonable and highly offensive interference with the seclusion of another.
X)A hearing at which the accused is informed of the crime against him and he enters a plea.
Y)Rule that permits the jury to infer both negligent conduct and causation.

Question 11

Ray is informed that his six-year-old child is shooting in the street with a handgun.Ray fails to take the gun away from the child.The child unintentionally shoots Bill,a pedestrian.Ray is liable to Bill.

Accepted Answer

A) True 
 B)False

Question 12

In applying the reasonable person standard,the court takes into account a person's physical,but not mental,handicaps.

Accepted Answer

A) True 
 B)False

Question 13

Pat and Sally started a charcoal fire for Sally's backyard barbecue and left it uncovered.Then Sally went into the kitchen to make hamburger patties.While Sally was inside,Pat backed up to catch a football and hit the grill,knocking the coals onto his feet.In a pure comparative negligence state,who is liable?

Accepted Answer

A) Sally is liable for ALL of Pat's injuries. 
B) Sally is liable for Pat's injuries in proportion to the degree of fault or negligence found against her. 
C) Sally is not liable for any of Pat's injuries. 
D) Sally is liable for Pat's injuries only if Pat was more negligent than Sally. 
A) Sally is liable for ALL of Pat's injuries. 
B) Sally is liable for Pat's injuries in proportion to the degree of fault or negligence found against her. 
C) Sally is not liable for any of Pat's injuries. 
D) Sally is liable for Pat's injuries only if Pat was more negligent than Sally.

Question 14

Match each statement with the correct term below.
-strict liability

Accepted Answer

A) Mental fault; the mental element of a crime. 
B) A person who enters or remains on the land of another without permission or privilege to do so. 
C) The nonmental elements of a crime, including the wrongful, physical act. 
D) Unauthorized use of a person's name or likeness for one's own benefit. 
E) Liability for nonintentional and nonnegligent conduct.
F)Determines whether there is probable cause.
G)Liability imposed on one for the acts of another.
H)A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.
I)Publication of false statements resulting in harm to another's business or monetary interest.
J)The crime of taking the property of one's employer in violation of a trust.
K)The crime of entering a building with the intent to commit a felony.
L)Injury to a person's reputation by the publication of false statements.
M)A person privileged to enter or remain on land by virtue of the consent of the lawful possessor.
N)A serious crime punishable by death or imprisonment in a penitentiary.
O)An intervening event that occurs after the defendant's negligent conduct and that relieves him of liability.
P)The nontrespassory invasion of another's interest in the private use and enjoyment of his land.
Q)A crime that is wrong in itself or morally wrong, such as murder.
R)The intentional infliction of harmful or offensive bodily contact.
S)Immunity from tort liability.
T)Conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm.
U)Purposeful, knowing, or reckless.
V)Intentional exercise of dominion or control over another's personal property.
W)Unreasonable and highly offensive interference with the seclusion of another.
X)A hearing at which the accused is informed of the crime against him and he enters a plea.
Y)Rule that permits the jury to infer both negligent conduct and causation. 
A) Mental fault; the mental element of a crime. 
B) A person who enters or remains on the land of another without permission or privilege to do so. 
C) The nonmental elements of a crime, including the wrongful, physical act. 
D) Unauthorized use of a person's name or likeness for one's own benefit. 
E) Liability for nonintentional and nonnegligent conduct.
F)Determines whether there is probable cause.
G)Liability imposed on one for the acts of another.
H)A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.
I)Publication of false statements resulting in harm to another's business or monetary interest.
J)The crime of taking the property of one's employer in violation of a trust.
K)The crime of entering a building with the intent to commit a felony.
L)Injury to a person's reputation by the publication of false statements.
M)A person privileged to enter or remain on land by virtue of the consent of the lawful possessor.
N)A serious crime punishable by death or imprisonment in a penitentiary.
O)An intervening event that occurs after the defendant's negligent conduct and that relieves him of liability.
P)The nontrespassory invasion of another's interest in the private use and enjoyment of his land.
Q)A crime that is wrong in itself or morally wrong, such as murder.
R)The intentional infliction of harmful or offensive bodily contact.
S)Immunity from tort liability.
T)Conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm.
U)Purposeful, knowing, or reckless.
V)Intentional exercise of dominion or control over another's personal property.
W)Unreasonable and highly offensive interference with the seclusion of another.
X)A hearing at which the accused is informed of the crime against him and he enters a plea.
Y)Rule that permits the jury to infer both negligent conduct and causation.

Question 15

Tom's dog has bitten three mail carriers,but Tom can't bear to chain him up.When the dog bites the newsboy,Tom will be strictly liable.

Accepted Answer

A) True 
 B)False

Question 16

A "reasonable person standard" does not apply to children since they do not have the judgment,intelligence,knowledge,or experience of adults.

Accepted Answer

A) True 
 B)False

Question 17

By law,bystanders are always required to help others in peril.

Accepted Answer

A) True 
 B)False

Question 18

The local supermarket has a large,glass front door which is well lighted and plainly visible.Nelson,who is new in the neighborhood,mistook the glass for an open doorway and walked into it,shattering the door and injuring himself.Under the Second Restatement,the store:

Accepted Answer

A) is strictly liable to Nelson. 
B) is not liable to Nelson since the door was well lighted and plainly visible. 
C) would be liable under the doctrine of res ipsa loquitur. 
D) has no duty to Nelson. 
A) is strictly liable to Nelson. 
B) is not liable to Nelson since the door was well lighted and plainly visible. 
C) would be liable under the doctrine of res ipsa loquitur. 
D) has no duty to Nelson.

Question 19

Match each statement with the correct term below.
-complaint

Accepted Answer

A) Standard of review applicable to governmental action involving classifications based on race, national origin, or fundamental rights. 
B) The right of the federal government to regulate matters within its power to the exclusion of regulation by the states. 
C) A nonjudicial proceeding in which a neutral third party selected by the disputants renders a binding decision. 
D) Sworn testimony, taken out of court, of the opposing party or other witnesses. 
E) The initial pleading in a case in which the plaintiff states her allegations.
F)Preliminary examination of potential jurors.
G)Authority of more than one court to hear the same case.
H)A judgment against a defendant who fails to respond to a complaint.
I)A final binding determination on the merits made by the judge after a trial has begun but before the jury renders a verdict.
J)The pretrial exchange of information between the opposing parties in a lawsuit.
K)Standard of review applicable to regulation affecting gender or legitimacy.
L)Authority of a court to hear a case that is based on claims against a person in contrast to claims against his property.
M)Authority of a court to hear a case based on claims against property.
N)Government's power to take private property for public use with payment of just compensation.
O)A nonbinding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider.
P)A series of formal, written, responsive statements by each side to a lawsuit.
Q)Division of governing power between the federal government and the states.
R)Final, binding determination on the merits made by a judge before trial.
S)The particular geographical place where a court with jurisdiction may hear a case.
T)Basis for discretionary review by the Supreme Court. 
A) Standard of review applicable to governmental action involving classifications based on race, national origin, or fundamental rights. 
B) The right of the federal government to regulate matters within its power to the exclusion of regulation by the states. 
C) A nonjudicial proceeding in which a neutral third party selected by the disputants renders a binding decision. 
D) Sworn testimony, taken out of court, of the opposing party or other witnesses. 
E) The initial pleading in a case in which the plaintiff states her allegations.
F)Preliminary examination of potential jurors.
G)Authority of more than one court to hear the same case.
H)A judgment against a defendant who fails to respond to a complaint.
I)A final binding determination on the merits made by the judge after a trial has begun but before the jury renders a verdict.
J)The pretrial exchange of information between the opposing parties in a lawsuit.
K)Standard of review applicable to regulation affecting gender or legitimacy.
L)Authority of a court to hear a case that is based on claims against a person in contrast to claims against his property.
M)Authority of a court to hear a case based on claims against property.
N)Government's power to take private property for public use with payment of just compensation.
O)A nonbinding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider.
P)A series of formal, written, responsive statements by each side to a lawsuit.
Q)Division of governing power between the federal government and the states.
R)Final, binding determination on the merits made by a judge before trial.
S)The particular geographical place where a court with jurisdiction may hear a case.
T)Basis for discretionary review by the Supreme Court.

Question 20

Match each statement with the correct term below.
-eminent domain

Accepted Answer

A) Standard of review applicable to governmental action involving classifications based on race, national origin, or fundamental rights. 
B) The right of the federal government to regulate matters within its power to the exclusion of regulation by the states. 
C) A nonjudicial proceeding in which a neutral third party selected by the disputants renders a binding decision. 
D) Sworn testimony, taken out of court, of the opposing party or other witnesses. 
E) The initial pleading in a case in which the plaintiff states her allegations.
F)Preliminary examination of potential jurors.
G)Authority of more than one court to hear the same case.
H)A judgment against a defendant who fails to respond to a complaint.
I)A final binding determination on the merits made by the judge after a trial has begun but before the jury renders a verdict.
J)The pretrial exchange of information between the opposing parties in a lawsuit.
K)Standard of review applicable to regulation affecting gender or legitimacy.
L)Authority of a court to hear a case that is based on claims against a person in contrast to claims against his property.
M)Authority of a court to hear a case based on claims against property.
N)Government's power to take private property for public use with payment of just compensation.
O)A nonbinding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider.
P)A series of formal, written, responsive statements by each side to a lawsuit.
Q)Division of governing power between the federal government and the states.
R)Final, binding determination on the merits made by a judge before trial.
S)The particular geographical place where a court with jurisdiction may hear a case.
T)Basis for discretionary review by the Supreme Court. 
A) Standard of review applicable to governmental action involving classifications based on race, national origin, or fundamental rights. 
B) The right of the federal government to regulate matters within its power to the exclusion of regulation by the states. 
C) A nonjudicial proceeding in which a neutral third party selected by the disputants renders a binding decision. 
D) Sworn testimony, taken out of court, of the opposing party or other witnesses. 
E) The initial pleading in a case in which the plaintiff states her allegations.
F)Preliminary examination of potential jurors.
G)Authority of more than one court to hear the same case.
H)A judgment against a defendant who fails to respond to a complaint.
I)A final binding determination on the merits made by the judge after a trial has begun but before the jury renders a verdict.
J)The pretrial exchange of information between the opposing parties in a lawsuit.
K)Standard of review applicable to regulation affecting gender or legitimacy.
L)Authority of a court to hear a case that is based on claims against a person in contrast to claims against his property.
M)Authority of a court to hear a case based on claims against property.
N)Government's power to take private property for public use with payment of just compensation.
O)A nonbinding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider.
P)A series of formal, written, responsive statements by each side to a lawsuit.
Q)Division of governing power between the federal government and the states.
R)Final, binding determination on the merits made by a judge before trial.
S)The particular geographical place where a court with jurisdiction may hear a case.
T)Basis for discretionary review by the Supreme Court.

Exam 8: Negligence and Strict Liability

All intervening causes of harm are also superseding causes.

Match each statement with the correct term below. -preliminary hearing

Match each statement with the correct term below. -civil law

Which of the following are activities that give rise to strict liability?

In most of the states,a sixteen-year-old who drives a car will be held to the same standard of care in driving as an adult for purposes of determining negligence.

A defendant will be liable for all harm that can be traced back to the defendant's negligence.

If a statute is found to be applicable to a fact situation,then the courts will hold that an unexcused violation of that statute which causes an injury to another is:

A blind person will be held to the standard of care of the reasonable blind person rather than that of the reasonable sighted person for purposes of determining negligence.

Compliance with a legislative enactment or administrative regulation does not prevent a finding of negligence if a reasonable person would have taken additional precautions to avoid harm.

Match each statement with the correct term below. -mens rea

Ray is informed that his six-year-old child is shooting in the street with a handgun.Ray fails to take the gun away from the child.The child unintentionally shoots Bill,a pedestrian.Ray is liable to Bill.

In applying the reasonable person standard,the court takes into account a person's physical,but not mental,handicaps.

Match each statement with the correct term below. -strict liability

Tom's dog has bitten three mail carriers,but Tom can't bear to chain him up.When the dog bites the newsboy,Tom will be strictly liable.

A "reasonable person standard" does not apply to children since they do not have the judgment,intelligence,knowledge,or experience of adults.

By law,bystanders are always required to help others in peril.

The local supermarket has a large,glass front door which is well lighted and plainly visible.Nelson,who is new in the neighborhood,mistook the glass for an open doorway and walked into it,shattering the door and injuring himself.Under the Second Restatement,the store:

Match each statement with the correct term below. -complaint

Match each statement with the correct term below. -eminent domain

Introduction to Law

Business Ethics

Civil Dispute Resolution

Constitutional Law

Administrative Law

Criminal Law

Intentional Torts

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

Illegal Bargains

Contractual Capacity

Contracts in Writing

Third Parties to Contracts

Performance, Breach, and Discharge

Contract Remedies

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Product Liability: Warranties and Strict Liability

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Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transfers

Relationship of Principal and Agent

Relationship With Third Parties

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature and Formation of Corporations

Financial Structure of Corporations

Management Structure of Corporations

Fundamental Changes of Corporations

Secured Transactions and Suretyship

Bankruptcy

Securities Regulation

Intellectual Property

Employment Law

Antitrust

Accountants Legal Liability

Consumer Protection

Environmental Law

International Business Law

Introduction to Property, property Insurance, Bailments, and Documents of Title

Interests in Real Property

Transfer and Control of Real Property

Trusts and Wills

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