LEG 110 FINAL EXAM PART 1
LEG 110 Final Exam Part
1
This exam consist of 30
multiple choice questions and covers the material in Chapters 7 through
10.
1. The Hadleys ran a
flourmill in Gloucester. The crankshaft attached to the steam engine in the
mill broke, causing the mill to shut down. The shaft had to be sent to a
foundry located in Greenwich so that the new shaft could be made to fit the
other parts of the engine. Baxendale was a common carrier that transported the
shaft from Gloucester to Greenwich. The freight charges were collected and Baxendale
promised to deliver the shaft the following day. It was not delivered for a
number of days, however, and as a result, the mill was closed for those days.
What will be the critical issue in determining whether the Hadleys may recover
their lost profits for the time the mill was closed?
2. Assume now that
Winifred pays the deposit, but because her expected financing of the $90,000
balance falls through, she breaches the contract. Which of the following is
most important in determining whether or not Carl can keep the deposit?
3. A lives next door to B
and plays loud music all night so that B gets little sleep. After repeated
requests to A to lower the volume, B sues A, asking for an injunction. The
final decision of the court is in favor of B. What kind of injunction would the
court issue in its final decision?
4. Which of the following
is an equitable remedy?
5. Two neighboring
families, the As and the Bs, wish to enlarge their garages. Because of a
surveying mistake, both believe that they are the rightful owners of a 3-foot
strip of land that runs along the border of their properties. Each family wants
the land for its own garage. The As decide to take the case to court. What
would be the proper remedy?
6. Which of the following
is true regarding rescission as a remedy?
7. An injunction which
requires a court, before issuing it, to consider the likelihood of success on
the merits and the possibility of irreparable harm if it is not issued is known
as a
8. Jeff moved to a new
city and purchased a house. A few weeks after he moved into his new home, he
learned that it had been the scene of a gruesome murder and that local legend
considered it haunted. Since these facts adversely affected the potential resale
price of the house, he wishes to avoid his obligation under the contract based
on fraudulent misrepresentation. What remedy would he be seeking if he wanted
to set aside the contract for the sale of the house and recoup his purchase
price?
9. When a defendant, with
the intent to commit some other crime, performs an act, which constitutes a
substantial step toward the commission of the other crime, that act is the
inchoate crime known as
10. The basic components
of a criminal offense do not include proof of
11. In strict liability
offenses, the prosecution must prove
12. The right to a speedy
trial
13. Under the Model Penal
Code, the most culpable level of wrongful intent is
14. Which of the following
crimes requires no proof of causation?
15. Jill is arrested in
Idaho for federal crime and is prosecuted in federal court.
16. Which of the following
crimes is classified as inchoate?
17. Which of the following
property is subject to equitable distribution in the event of a divorce?
18. Andrea Moorehead was
abandoned by her birth mother, a crack cocaine user who had tested positive for
venereal disease, shortly after birth. Andrea was placed with foster parents
when she was nine days old. The foster parents, Melva and Robert Dearth, sought
to adopt Andrea when she was 10 months old. The Dearths are white and Andrea is
black. They live in an interracial neighborhood, they attend an interracial
church, and their two children attend an interracial school. They have a stable
marriage and financial standing. Which of the following factors may not be
considered in determining whether the Dearth’s may adopt Andrea?
19. With respect to
decision making within traditional families, which of the following statements
is false?
20. In which of the
following situations has the U.S. Supreme Court ruled that states may not prohibit
marriages?
21. Preferred custody
statutes
22. Foster care
23. Which of the following
is the first step required to start the adoption process?
24. Marie was a famous
model. Tempo magazine mailed her an offer to do a five-page photo layout for a
new line of swimsuits for $35,000. Marie received the offer January 2. On
January 3, Marie mailed Tempo the following note: “I accept. But must have
twelve pages devoted to me, and accordingly, $50,000.” Tempo received this note
on January 5. On January 6, Marie called them and told them she would do the
modeling under the original terms.
25. On April 3, Designer
Fashions sends notice to Delaney’s Department Store that it will not be able to
deliver its line of fall clothing, which is due June 1. Under the UCC,
Delaney’s
26. A phoned B and offered
to sell him “my farm in New Hampshire for $100,000.” B says, “I accept.” A
actually owns two farms in New Hampshire. He was referring to his 5-acre farm,
whereas B was referring to his 10-acre farm. With regard to the agreement,
27. Bob agrees to paint
George’s portrait for $8,800 and agrees that George will be excused from
performing if he is not absolutely satisfied. George does not like the
completed portrait because he thinks it makes him look weary. Which statement
is true?
28. Gilbert S. Shaw was
chairman of the Board of Directors of the National School of Heavy Equipment,
Inc. He drew a substantial weekly salary, held 100 percent of the voting stock
and 51 percent of the Class B stock of the school and employed most of his
family in the operation of the school. Shaw contracted on behalf of the school
with Stuart Studio to produce 25,000 catalogs for the school. The catalogs were
being printed in an effort to attract new students through an advertising
campaign, since the school was bordering on financial ruin. Gilbert orally
assured Stuart Studio that if the National School could not pay the full total
that he “would stand good” for the entire bill. The school is now unable to pay
for the printing, and Gilbert argues that he is not liable because the statute
of frauds requires his promise to be in writing. Which rule might consider this
promise to be original and permit the oral agreement to be enforced?
29. Jesse writes to
Nadine, “I’ll pay you $50 if you clean my house by Saturday.” On Friday, Nadine
cleaned Jesse’s house as requested. What kind of contract has been formed?
30. Which of the following
does not terminate an offer?
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