Question 1

Under the Second Restatement,a licensee for purposes of tort law is a person invited upon land as a member of the public or for a business purpose.

Accepted Answer

A) True 
 B)False

Question 2

Match each statement with the correct term below.
-nuisance

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 3

Match each statement with the correct term below.
-concurrent jurisdiction

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 4

In the majority of states,in a case of negligence per se,the plaintiff would only have to prove violation of a statute in order to show negligent conduct.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following is/are considered in determining the application of the reasonable person standard?

Accepted Answer

A) Physical disability. 
B) Superior skill or knowledge. 
C) Emergency circumstances. 
D) All of the above are considered. 
A) Physical disability. 
B) Superior skill or knowledge. 
C) Emergency circumstances. 
D) All of the above are considered.

Question 6

If a person's 150-pound sheep dog has a propensity to jump enthusiastically on visitors,the animal's keeper would be liable for any damages done by the dog's playfulness.

Accepted Answer

A) True 
 B)False

Question 7

Match each statement with the correct term below.
-intermediate test

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 8

As a general rule:

Accepted Answer

A) the defenses available to intentional torts and negligence are interchangeable. 
B) if a plaintiff has established by a preponderance of the evidence all the required elements of a negligence action, the plaintiff will automatically recover damages. 
C) any defense to an intentional tort is also available in an action for negligence. 
D) more defenses are available for intentional torts than are available in negligence cases. 
A) the defenses available to intentional torts and negligence are interchangeable. 
B) if a plaintiff has established by a preponderance of the evidence all the required elements of a negligence action, the plaintiff will automatically recover damages. 
C) any defense to an intentional tort is also available in an action for negligence. 
D) more defenses are available for intentional torts than are available in negligence cases.

Question 9

Under the Second Restatement,the duty of a possessor of land to persons who come on the land usually depends on whether those persons are:

Accepted Answer

A) invitees, trespassers, or licensees. 
B) reasonable persons. 
C) fiduciaries. 
D) involved in abnormally dangerous activities. 
A) invitees, trespassers, or licensees. 
B) reasonable persons. 
C) fiduciaries. 
D) involved in abnormally dangerous activities.

Question 10

Match each statement with the correct term below.
-federalism

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 11

Match each statement with the correct term below.
-privilege

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 12

Match each statement with the correct term below.
-ethical relativism

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.

Question 13

Under the Third Restatement,possessors of land:

Accepted Answer

A) owe varying duties to entrants onto the land depending on their status. 
B) owe the same duty of reasonable care to all entrants on the land except for a category of entrants called "flagrant trespassers." 
C) owe "flagrant trespassers" a duty of reasonable care, but owe others a duty to warn them of dangerous activities and conditions of which the possessor has knowledge or reason to know and which the entrant does not know and is unlikely to discover. 
D) have the duty of reasonable care only with regard to artificial conditions on the land that could pose risks to entrants on the land. 
A) owe varying duties to entrants onto the land depending on their status. 
B) owe the same duty of reasonable care to all entrants on the land except for a category of entrants called "flagrant trespassers." 
C) owe "flagrant trespassers" a duty of reasonable care, but owe others a duty to warn them of dangerous activities and conditions of which the possessor has knowledge or reason to know and which the entrant does not know and is unlikely to discover. 
D) have the duty of reasonable care only with regard to artificial conditions on the land that could pose risks to entrants on the land.

Question 14

Match each statement with the correct term below.
-specific performance

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.

Question 15

Robin owns a dog.If there are no applicable statutes,what is her liability for damage if her dog digs up her neighbor's prize roses? Would it make any difference if the animal that destroys her neighbor's flower garden is her pet pot-bellied pig?

Accepted Answer

Keepers of animals are generally held st

Question 16

In the majority of states,a defendant is liable for negligently inflicted emotional distress,even in the absence of resultant physical harm.

Accepted Answer

A) True 
 B)False

Question 17

Match each statement with the correct term below.
-actus reus

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 18

The harshness of the contributory negligence doctrine has been mitigated by:

Accepted Answer

A) the last clear chance rule. 
B) comparative negligence. 
C) assumption of risk. 
D) (a) and (b), but not (c). 
A) the last clear chance rule. 
B) comparative negligence. 
C) assumption of risk. 
D) (a) and (b), but not (c).

Question 19

Match each statement with the correct term below.
-default judgment

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.
-arbitration

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

Under the Second Restatement,a licensee for purposes of tort law is a person invited upon land as a member of the public or for a business purpose.

Match each statement with the correct term below. -nuisance

Match each statement with the correct term below. -concurrent jurisdiction

In the majority of states,in a case of negligence per se,the plaintiff would only have to prove violation of a statute in order to show negligent conduct.

Which of the following is/are considered in determining the application of the reasonable person standard?

If a person's 150-pound sheep dog has a propensity to jump enthusiastically on visitors,the animal's keeper would be liable for any damages done by the dog's playfulness.

Match each statement with the correct term below. -intermediate test

As a general rule:

Under the Second Restatement,the duty of a possessor of land to persons who come on the land usually depends on whether those persons are:

Match each statement with the correct term below. -federalism

Match each statement with the correct term below. -privilege

Match each statement with the correct term below. -ethical relativism

Under the Third Restatement,possessors of land:

Match each statement with the correct term below. -specific performance

Robin owns a dog.If there are no applicable statutes,what is her liability for damage if her dog digs up her neighbor's prize roses? Would it make any difference if the animal that destroys her neighbor's flower garden is her pet pot-bellied pig?

In the majority of states,a defendant is liable for negligently inflicted emotional distress,even in the absence of resultant physical harm.

Match each statement with the correct term below. -actus reus

The harshness of the contributory negligence doctrine has been mitigated by:

Match each statement with the correct term below. -default judgment

Match each statement with the correct term below. -arbitration

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

Sales Remedies

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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