LEG 110 FINAL EXAM PART 2

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LEG 110 Final Exam Part 2

This exam consist of 30 multiple choice questions and covers the material in Chapters 11 through 14.

1.     In a state that has a comparative negligence statute, a jury determined that the plaintiff has sustained damages of $50,000 and that the percentages of fault are plaintiff 40 percent negligent, defendant 60 percent negligent. What would be the plaintiff’s award of damages in this case?

2.     In which of the following cases has an assault occurred?

3.     Ron is walking down the sidewalk not paying attention to where he is going. He runs into Ruby Jewell who is carrying a large sack of groceries. The groceries spill onto the sidewalk. Two blocks away Bud slips on an apple, which had rolled down the sidewalk, and falls onto the street as a result. Jim, driving his pickup truck prudently down the street, swerves to avoid Bud. As a result, Jim hits a car driven by Nadine Culpepper. In the accident, Nadine’s antique flower vase, in which she was carrying flowers to her sick grandmother, is completely shattered. In Nadine’s suit against Ron for negligence, which is the weakest element of her case?

4.     A state statute requires that ski areas be maintained and operated in a reasonably safe manner and prescribes methods by which skiers must be warned about the presence of equipment and vehicles on slopes and trails. If a ski operator violates the statute and a skier is injured, which legal doctrine will be of primary benefit to the skier who sues for damages?

5.     While shopping with her mother in Arnold’s Super Market, eight-year-old Janet was allowed to roam around freely. Without her mother’s knowledge, Janet opened a jar of jelly and spilled the contents on the floor. Two hours later while intently watching a good-looking butcher, a shopper named Bernadette slipped on the jelly and broke her leg. Bernadette sued the super market. Most likely, Arnold’s is

6.     Products, Inc., manufactures a cleaning solution. It does not intend that little children drink the product, but the company does not include warnings to that effect on the label and it does not market the solution with a childproof cap. In determining whether the manufacturer is liable under negligence, which of the following inquiries would not be significant?

7.     John Prater was employed by Roy Goodman as a general handyman in Goodman’s music store, particularly to work on piano cases, deliver pianos, and keep the delivery truck in repair. One evening, Goodman told Prater to take the truck home and work on the truck’s body over the weekend. On the truck were a few of Goodman’s trashcans, which Goodman had asked Peter to empty. The following morning, a Saturday, Prater loaded several of his own cans of garbage onto the truck. On his way back from the dump, Prater made a detour of a few blocks to pick up his daughter. On this detour, he had a collision with a car driven by W. M. Leuthold. Prater was later found to be negligent. Leuthold brought suit against Goodman for Prater’s negligence. This raises all issues except

8.     When the driver of a car drives recklessly, crossing the center line in violation of the traffic laws and runs into another car, the driver is liable for

9.     The power of the government to take private property rights, provided that just compensation is provided and due process afforded, is referred to as what?

10.   Toby and Rita Kahr were owners of 28 pieces of sterling silver that Rita’s father had given them as a wedding present 27 years previously. Each piece of silver was engraved with the letter “K.” On April 5, 1983, the Kahrs brought used clothing to Goodwill Industries and told Goodwill personnel that they wanted to make a donation of clothing. Unknown to Toby and Rita, the sterling silver, along with a wallet containing their credit cards, was included in their sacks. The Kahrs called Goodwill two hours later, when they realized what happened, and were told that the silver had been sold for $15 to Karen Markland. The Kahrs alleged that the silver had a value of $3,791. The Kahrs brought a replevin action against Goodwill and Markland to recover the silver.

11.   Charles Collins and Bethany Guggenheim began living together in 1977. They were not married to each other. Bethany was recently divorced and had two children from her prior marriage. As part of the property settlement, she had received title to a 68-acre farm and Charles, Bethany, and the children moved there in 1979. They intended to restore the farmhouse (circa 1740). Charles and Bethany jointly became liable for and made payments on a bank mortgage loan, insurance, and property taxes. They maintained a joint checking account to pay for joint expenses as well as individual checking accounts. They jointly purchased a tractor and other equipment—Charles paid two-thirds of the cost, and Bethany one-third. Charles also invested $8,000 of his money in additional equipment and improvements for the farm. For several years they jointly operated a small business that made no profit. Despite Charles’s contributions, the title to the farm remained at all times with Bethany. The parties experienced personal difficulties, and when they could not reconcile their differences, they permanently separated in 1986. During their cohabitation period, Charles contributed approximately $55,000 and Bethany $44,500 to the farm. Charles filed suit seeking the recognition of his rights in the property. Which statement is true?

12.  
In which of the following situations has a mutual benefit bailment been created?

13.  
Which of the following properties would not be properly classified as a fixture?

14.  
The Adams own property that lies at the end of the runway of the municipal airport. The city has informed the Adams that they must keep their trees shorter than 30 feet high and has compensated them for this. This requirement is a(n)

15.  
The Yorks, plaintiffs, participated in an in vitro fertilization program at the defendant’s clinic. Five of the six eggs fertilized at the clinic were transferred to Mrs. York’s uterus, although she was unable to carry any of the prezygotes to term. After the Yorks moved to California, they requested that the sixth prezygote be transferred to an institution in California. The defendant refused. Which of the following statements is true?

16.  
Andrew and Margaret Wilson erected a fence in what they thought was the yard of their Durham, North Carolina, home in 1957. In doing so, they inadvertently enclosed a small triangular piece, no bigger than 15 feet at its widest, of the adjoining landowner’s property. In 1980, Carl Pearce and his wife Wanda bought the property adjacent to that of the Wilsons and claimed the triangular shaped property belonged to them. A dispute arose as to who owned the property and a lawsuit ensued. By what law may the Wilsons have established rights to the triangular-shaped piece assuming that they do not possess deeded rights?

17.  
Which of the following is not true about administrative agencies?

18.  
The Consumer Credit Protection Act does all of the following except:

19.  
An administrative agency can be created in all except which of the following ways?

20.  
Which of the following serve at the pleasure of the president?

21.  
Judicial reluctance to interfere with agency action is premised on

22.  
Some administrative agencies are authorized to use all of the following investigative methods except:

23.  
Which of the following illustrates the correct steps that are followed in the adjudicative function of administrative agencies?

24.  
Elizabeth Garfield brought suit against her former employer, Thomas McKinnon Securities, Inc., claiming that McKinnon had discharged her on account of her age in violation of the Age Discrimination in Employment Act. McKinnon moved to dismiss the complaint and compel arbitration because Garfield had agreed to arbitrate any controversy arising out of her employment. She maintained that Congress did not permit persons to waive their statutory right to sue ADEA violations in federal court via the execution of an arbitration agreement. Ms. Garfield is

25.  
Which of the following statements about minitrials is false?

26.  
Plaintiff brought suit against a defendant for breach of contract. The trial judge, pursuant to the rules of civil procedure in that particular court, referred the court to arbitration prior to trial. The key issue in determining whether the judge can compel arbitration prior to trial will be whether

27.  
Which of the following is not an ADR procedure?

28.  
One ADR process allows each party to make an abbreviated presentation to a panel, generally consisting of a senior manager or decision maker from each side and a judge or jointly selected neutral third party. After these presentations, the managers meet privately to try to negotiate a solution to the dispute. This process is known as

29.  
All of the following are true about judicially hosted settlement conferences except:

30.  
Which of the following statements about mediators is not true?