LEG 110 WEEK 11 FINAL EXAM PART 1

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LEG 110 Week 11 Final Exam Part 1

This exam consist of 30 multiple choice questions and covers the material in Chapters 7 through 10. 

1.     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? 

2.     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 3­foot 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?

3.     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

4.     A repairperson contracted with the possessor of a stolen vehicle for the repair of the car. The repairperson in good faith reasonably concluded that the possessor was the true owner. If recovery is allowed against the true owner for the costs of the repairs on the basis of equitable principles of unjust enrichment, the appropriate remedy would be 

5.     The idea of “coming into court with clean hands” is a requirement of

6.     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

7.     Article VII of the U.S. Constitution states, “In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved....” The words common law mean 

8.     All of the following crimes would be classified as general intent offenses under the common law except

9.     Which of the following crimes is classified as inchoate? 

10.   The exclusionary rule 

11.   A criminal process used to question the constitutionality of the detention of a state prisoner by appealing to a federal court is known as

12.   Which of the following is not a justification defense to criminal liability? 

13.   In strict liability offenses, the prosecution must prove

14.   A steals B’s car. The police find A with B’s car, but the car has been mostly disassembled and sold. At his arraignment, A pleads nolo contendere. The nolo contendere plea will

15.   The right to a speedy trial

16.   The city of East Cleveland had a municipal ordinance that regulated who could live together as a family in a single­family dwelling unit. Inez Moore, an elderly grandmother, was convicted of violating the ordinance because she had two grandsons who were cousins living in the same house with her, and that living arrangement could not be considered a single family under the definition of family in the ordinance. She appealed her conviction on constitutional grounds. Which of the following statements is true?

17.   Which of the following factors should not be considered by a judge in making a determination as to which parent in a divorce should have custody of their child?

18.   Which of the following is the first step required to start the adoption process?

19.   Preferred custody statutes

20.   A payer of alimony may petition the court for a reduced payment obligation, for example, 

21.   A parents’ legal obligation to support a child

22.   An uncle, in writing, promised his nephew $5,000 if his nephew would refrain from drinking, using tobacco, swearing, and playing cards or billiards for money until the age of twenty­one, all of which was otherwise legal for the nephew to do at the time. The nephew performed as requested. Which of the following statements is true? 

23.   Would this agreement need to be in writing to satisfy the statute of frauds and be enforced?

24.   While intoxicated last night, A, an adult, bought a car from B, who was not intoxicated. Although A cannot remember the actual transaction, he did stop at B’s house this morning to get the keys to the car and said he was going to get license plates. B then made arrangements to have the title changed. Which of the following is a correct assessment of the situation? 

25.   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?

26.   Ruby sells her car to Bob. She fails to tell him that the car has been previously wrecked, even though he had asked if it had ever been involved in a collision. If Bob later learns that the car was almost totaled six months prior to the sale and wants to rescind the contract, what would be his best defense to the enforceability of the contract? 

27.   A, who is selling her house, was told when she bought the house that it was fully insulated when built. She tells B this, and B decides to buy the house. If B finds out that the house is not insulated and that, as a result, his  heating bills will be much higher than expected, B’s proper remedy will be 

28.   30 Jill says to Ben, “I offer to sell you  my DVD player for $90.” Ben replies, “If you do not hear otherwise from me by Thursday, I have accepted your offer.” Jill agrees and does not hear from Ben by Thursday. Does a contract exist between Jill and Ben?