LEG 110 WEEK 11 FINAL EXAM PART 2
LEG 110 Week 11 Final Exam Part 2
This exam consist of 30 multiple choice questions and covers the material
in Chapters 7 through 10.
1.
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?
2. A enters into a contract for the sale of her house to B, to take place as
soon as title can be conveyed. However, she dies between execution of the
contract and conveyance of the land. Equity declares that B has a right to the
house and A’s estate has a right to the purchase price. Which of the following
equitable maxims best supports this?
3. Hedonic damages are
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. Joe Jones entered into a written contract with Smith Department Store to
buy a television for $350. Ten other stores in the area are selling the
identical television for $400. Joe attempted to give Smith Department Store the
$350, but it refused to go through with the contract. Joe sued Smith Department
Store for breach of contract in a court that hears both equity and common law
cases. Joe will be awarded
6.
Pet Ponderosa
Memorial Gardens leased 10 acres of land from Memory Gardens to be used as a
pet cemetery. This land was adjacent to Memory Gardens’ human cemetery. As part
of the lease, the pet cemetery was allowed to use all available water each
evening for two hours to develop and maintain its landscaping. Then Memory
Gardens abruptly cut off the water supply, and as a result the grass and the
other plants were in peril of dying. What remedy should Pet Ponderosa seek to
stop Memory Gardens from breaching its contract?
7.
In an action
where there is substantial loss or injury to the plaintiff and where the law
recognizes an invasion of his rights or a breach of the defendant’s duty to the
plaintiff, the court will award
8.
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
9. Bail is set by
10.
Assume that a
criminal defendant claims that she was the victim of a criminal kidnapping
and was forced by her kidnappers to commit the crimes with which she is
accused. Assume further that she could prove that she had complied with
their demands only because her captors had threatened to kill her if she
resisted. What defense would be appropriate for her to adopt at trial?
11.
Jill is arrested
in Idaho for federal crime and is prosecuted in federal court.
12.
The basic
components of a criminal offense do not include proof of
13.
The accused has
a right to the assistance of counsel
14.
Investigatory
detentions (“stop and frisk”) searches
15.
A specific
intent crime whereby a person asks, hires, or encourages another person to
commit a crime is the inchoate crime of
16.
Which of the
following crimes requires no proof of causation?
17.
With respect to
decision making within traditional families, which of the following statements
is false?
18.
What factors are
necessary to establish a common law marriage?
19.
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?
20.
In which of the
following situations has the U.S. Supreme Court ruled that states may
not prohibit marriages?
21.
Which of the
following states has not recognized samesex marriages?
22. Foster care
23.
A parents’ legal
obligation to support a child
24.
Would this
agreement need to be in writing to satisfy the statute of frauds and be
enforced?
25.
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?
26.
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?
27.
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?
28.
The agreement to
accept something different from what was due under an original contract is
called
29. 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 5acre farm, whereas B was referring to his 10acre farm. With regard to the
agreement,
30.
Marie was a
famous model. Tempo magazine mailed her an offer to do a fivepage 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.
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