Question 1

Match each statement with the correct term below.
-rescission

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 2

A form of strict liability applies to all except which of the following situations?

Accepted Answer

A) A lawnmower sold in a defective condition that injures its owner. 
B) A fireworks factory that blows up and injures townspeople and their property. 
C) Abnormally risky medical procedures. 
D) A herd of goats that walk onto a neighbor's property and trample and eat the neighbor's roses. 
A) A lawnmower sold in a defective condition that injures its owner. 
B) A fireworks factory that blows up and injures townspeople and their property. 
C) Abnormally risky medical procedures. 
D) A herd of goats that walk onto a neighbor's property and trample and eat the neighbor's roses.

Question 3

Barb goes to Marlin's Department store to look for clothes.The store happens to be in the process of remodeling,and there is a lot of clutter in the aisle.Barb trips over the clutter and breaks her leg.Under the Second Restatement,what standard of care does the store have toward Barb under the circumstances?

Accepted Answer

A) None, because she came to the store voluntarily. 
B) The store owes her a duty of only ordinary care, because she is a trespasser. 
C) Because she is a public invitee, the store must warn her of hazards of which the store knows but which Barb is not likely to recognize. 
D) Because Barb is a business visitor, the store must exercise reasonable care to protect her against dangerous conditions she is unlikely to discover. 
A) None, because she came to the store voluntarily. 
B) The store owes her a duty of only ordinary care, because she is a trespasser. 
C) Because she is a public invitee, the store must warn her of hazards of which the store knows but which Barb is not likely to recognize. 
D) Because Barb is a business visitor, the store must exercise reasonable care to protect her against dangerous conditions she is unlikely to discover.

Question 4

Match each statement with the correct term below.
-reformation

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 5

Which of the following would not be considered an abnormally dangerous activity,subjecting the person who carries it out to strict liability?

Accepted Answer

A) Pile driving. 
B) Transmitting gas through a gas pipe. 
C) Collecting water in a dangerously large quantity. 
D) Emitting noxious fumes in a subdivision. 
A) Pile driving. 
B) Transmitting gas through a gas pipe. 
C) Collecting water in a dangerously large quantity. 
D) Emitting noxious fumes in a subdivision.

Question 6

What is the difference between contributory negligence and comparative negligence? Why have so many states adopted comparative negligence?

Accepted Answer

Contributory negligence is a failure of

Question 7

Match each statement with the correct term below.
-maxim

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 8

Match each statement with the correct term below.
-defamation

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 9

Sarina goes to Marlin's Department Store to look for clothes.The store happens to be in the process of remodeling,and there is a lot of clutter in the aisle.Sarina trips over the clutter and is injured.Under the Second Restatement,Sarina's status with regard to the store is that of:

Accepted Answer

A) licensee. 
B) business visitor. 
C) public invitee. 
D) trespasser. 
A) licensee. 
B) business visitor. 
C) public invitee. 
D) trespasser.

Question 10

Match each statement with the correct term below.
-inquisitorial system

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 11

Which of the following is correct with respect to the reasonable person standard?

Accepted Answer

A) It makes allowance for mental deficiency. 
B) It makes allowance for physical disability. 
C) It applies an individualized test to children that takes into consideration the child's age, intelligence, and experience. 
D) Two of the above, (b) and (c). 
A) It makes allowance for mental deficiency. 
B) It makes allowance for physical disability. 
C) It applies an individualized test to children that takes into consideration the child's age, intelligence, and experience. 
D) Two of the above, (b) and (c).

Question 12

Match each statement with the correct term below.
-equity

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

Defenses to an action in strict liability include:

Accepted Answer

A) contributory negligence only. 
B) contributory negligence and comparative negligence. 
C) comparative negligence only. 
D) express voluntary assumption of risk and in some states comparative negligence. 
A) contributory negligence only. 
B) contributory negligence and comparative negligence. 
C) comparative negligence only. 
D) express voluntary assumption of risk and in some states comparative negligence.

Question 14

Match each statement with the correct term below.
-writ of certiorari

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 15

In Soldano v.O'Daniels,the court re-examined the common-law rule of nonliability for not taking affirmative action to save someone from peril.The court considered which of the following factors with respect to imposing duties for affirmative action by third parties?

Accepted Answer

A) The examination and balancing of intervening causes and physical capabilities. 
B) The financial duties of victim to rescuer. 
C) Moral blame attached to the defendant's conduct and the policy of preventing future harm. 
D) Moral blame attached to the victim's conduct. 
A) The examination and balancing of intervening causes and physical capabilities. 
B) The financial duties of victim to rescuer. 
C) Moral blame attached to the defendant's conduct and the policy of preventing future harm. 
D) Moral blame attached to the victim's conduct.

Question 16

Match each statement with the correct term below.
-criminal 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.

Question 17

Chris was driving a car with defective brakes very slowly down Fifth Avenue looking for a parking place.Mindy jumped out into the street five feet in front of his car.Chris could not help but hit her.What is Chris's best defense to the charge of negligence?

Accepted Answer

A) Mindy had a mental deficiency. 
B) He was not negligent since he did not have a statutory duty to keep his brakes in top condition. 
C) Mindy crossed in the middle of the street, which is against the law. 
D) He was lawfully seeking a parking place and did not see her jump out. 
A) Mindy had a mental deficiency. 
B) He was not negligent since he did not have a statutory duty to keep his brakes in top condition. 
C) Mindy crossed in the middle of the street, which is against the law. 
D) He was lawfully seeking a parking place and did not see her jump out.

Question 18

Even if a defendant's own negligent conduct created an emergency,he will not be liable for the consequences of the conduct if he acted with care in the resulting emergency situation.

Accepted Answer

A) True 
 B)False

Question 19

Match each statement with the correct term below.
-subjective fault

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 20

The Love v.Hardee's Food Systems,Inc.case dealt with the responsibility of the owner or possessor of property to an invitee to warn of,remove,or barricade a dangerous condition of the premises.

Accepted Answer

A) True 
 B)False

Exam 8: Negligence and Strict Liability

Match each statement with the correct term below. -rescission

A form of strict liability applies to all except which of the following situations?

Match each statement with the correct term below. -reformation

Which of the following would not be considered an abnormally dangerous activity,subjecting the person who carries it out to strict liability?

What is the difference between contributory negligence and comparative negligence? Why have so many states adopted comparative negligence?

Match each statement with the correct term below. -maxim

Match each statement with the correct term below. -defamation

Sarina goes to Marlin's Department Store to look for clothes.The store happens to be in the process of remodeling,and there is a lot of clutter in the aisle.Sarina trips over the clutter and is injured.Under the Second Restatement,Sarina's status with regard to the store is that of:

Match each statement with the correct term below. -inquisitorial system

Which of the following is correct with respect to the reasonable person standard?

Match each statement with the correct term below. -equity

Defenses to an action in strict liability include:

Match each statement with the correct term below. -writ of certiorari

In Soldano v.O'Daniels,the court re-examined the common-law rule of nonliability for not taking affirmative action to save someone from peril.The court considered which of the following factors with respect to imposing duties for affirmative action by third parties?

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

Chris was driving a car with defective brakes very slowly down Fifth Avenue looking for a parking place.Mindy jumped out into the street five feet in front of his car.Chris could not help but hit her.What is Chris's best defense to the charge of negligence?

Even if a defendant's own negligent conduct created an emergency,he will not be liable for the consequences of the conduct if he acted with care in the resulting emergency situation.

Match each statement with the correct term below. -subjective fault

The Love v.Hardee's Food Systems,Inc.case dealt with the responsibility of the owner or possessor of property to an invitee to warn of,remove,or barricade a dangerous condition of the premises.

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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