LEG 110 QUIZ 4
LEG 110 QUIZ 4
This quiz consist of 20 multiple choice questions. The first 10
questions cover the material in Chapter 7. The second 10 questions
cover the material in Chapter 8.
1.
Which of the
following is an equitable remedy?
2.
An order
directing the defendant to act in a specified way is called a(n)
3. While camping with the family, Shannon was severely burned by ignited
gasoline. Her father was pumping the fuel tank on his Coleman stove when a
stream of fuel, without warning, ejected through the filler cap, crossed the
campfire, ignited, and landed on Shannon, some 10 to 12 feet away. At trial,
experts testified that the design of a gas tank using a cap with a vent hole
used by Coleman was defective with respect to safety and that there were
alternative cap designs that Coleman could have utilized to accomplish
ventilation of the tank without the cap having any of the vent hole
characteristics. Furthermore, despite Coleman’s knowledge of the possibility of
fuel spraying through the vent hole of the filter cap, no warnings were on the
product to advise users not to open the cap except when the tank was level and
not near a flame. Which of the following statements is true?
4.
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?
5. Carl contracts to sell his house and lot to Winifred for $30,000. The terms
of the contract call for Winifred to pay 5 percent of the purchase price as a
deposit toward the purchase price, or a down payment. The terms further
stipulate that should the buyer breach the contract, Carl will retain the money
as damages. What type of damages does this agreement exemplify?
6.
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?
7.
Which of the
following is true regarding rescission as a remedy?
8.
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?
9.
Plaintiff
alleged that the attendance policy at her school was unreasonable and that,
notwithstanding her unexcused absences, she was wrongfully denied a diploma. If
it is established at trial that the plaintiff frequently forged excuse notes
and tried to deceive the school, then equitable relief may be denied on the
basis of
10. Hedonic damages are
11.
The accused has
a right to the assistance of counsel
12.
Which of the
following is not a duty of the grand jury?
13.
All of the
following crimes would be classified as general intent offenses under the
common law except:
14.
When a defendant,
with the intent to commit some crime, performs an act, which constitutes a
substantial step toward the commission of the crime, that act is the inchoate
crime known as
15.
The basic
components of a criminal offense do not include proof of
16.
Which of the following
crimes is classified as inchoate?
17.
Jones grabbed a
purse from Smith’s arm and began running. A police officer saw what happened
and arrested Jones. At the time of the arrest, the police officer searched
Jones’s person and found a pen in his pocket. The officer took the cap off the
pen and found cocaine in the pen. Could the findings of the police officer be
used in court to convict Jones for the possession of cocaine?
18.
Which of the
following crimes requires proof of causation?
19.
Which of the
following is not a justification defense to criminal liability?
20.
A criminal
process used to question the constitutionality of the detention of a state
prisoner by appealing to a federal court is known as
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