LEG 110 WEEK 11 FINAL EXAM PART 1
(VERSION 2)
LEG 110 Week 11 Final Exam Part 1 (Version 2)
1.
This exam
consist of 30 multiple choice questions and covers the material in Chapters 7
through 10.
2.
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
3.
An order
compelling the defendant to refrain from acting in a specified way
is called a(n)
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 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?
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. 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?
8.
In which of the
following situations would specific performance be available as a remedy?
9.
Archie Sparrow,
a cowboy experienced in training horses, met a rancher and fellow rodeo
rider, Chip Morris, at a rodeo in Florida. After comparing notes on various
rodeos, Morris offered Sparrow a job for 16 weeks working on Morris’s ranch in
Arkansas. Sparrow accepted, and as compensation, Morris agreed to give Sparrow
$400 and a brown horse named Kerro. When Sparrow first came to Morris’s ranch,
Kerro was practically unbroken. However, Sparrow worked with the horse during
his spare time, and by the time the 16 weeks were up, Kerro was well on his way
to becoming a firstclass riding horse. Morris returned at the end of the 16
weeks and gave Sparrow a check for $400, but refused to deliver the horse.
Sparrow wants the horse. What remedy will he be seeking in court?
10.
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
11.
The right to a
speedy trial
12.
A specific
intent crime whereby a person asks, hires, or encourages another person to
commit a crime is the inchoate crime of
13.
Under the Model
Penal Code, the most culpable level of wrongful intent is
14.
Which of the
following federal statutes focuses on patterns of racketeering activities
that involve the commission of certain offenses known as predicate acts?
15.
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
16.
Jill is arrested
in Idaho for federal crime and is prosecuted in federal court.
17.
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?
18.
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?
19. Independent adoptions
20.
An annulment is
different from a divorce in that it
21. Which of the following
is the first step required to start the adoption process?
22. In which of the
following situations has the U.S. Supreme Court ruled that states may not
prohibit marriages?
23. What factors are
necessary to establish a common law marriage?
24. 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?
25. An uncle, in writing,
promised his nephew $5,000 if his nephew w5oultdorfe5frpaoinints 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?
26. Bob wrote to Ruby, asking
how much she would want to sell her house. Ruby responded, “It would not
be possible for me to take less than $120,000 for my house.” Bob immediately
faxed a letter to Ruby, which stated, “I accept your offer for the sale of your
home for $120,000 as agreed
27. 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?
28. In which of the
following situations would the promise be enforceable as a contractual
obligation?
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. The agreement to
accept something different from what was due under an original contract is
called
31. 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.
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