LEG 110 WEEK 11 FINAL EXAM PART 2
(VERSION 2)
LEG 110 Week 11 Final Exam Part 2 (Version 2)
This exam consist of 30 multiple choice questions and covers the material
in Chapters 11 through 14
1.
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
2.
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
3. While shopping with her mother in Arnold’s Super Market, eightyearold
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 goodlooking butcher, a shopper named Bernadette
slipped on the jelly and broke her leg. Bernadette sued the super market. Most
likely, Arnold’s is
4.
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?
5.
Which of the
following would not be considered an intentional tort?
6. The plaintiff alleged that she sustained serious injuries while skiing at
the defendant’s ski resort, and that those injuries were caused by the
defective ski equipment she had rented from the rental facility on the
premises. She further alleged that the defendant had not inspected or
adjusted the equipment. For which tort should she sue?
7. A loans B his car “to go to the store and nowhere else.” While B is on her
way to the store,she decides to go sightseeing in A’s car. Which tort, if any,
has been committed?
8. 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
9.
One important
criterion for determining whether a certain property is a fixture is that a
fixture
10.
In which of the
following situations has a mutual benefit bailment been created?
11.
An easement
differs from a license in that
12. Ruby inherited her
grandmother’s estate, Jewelstone, when she was 21 years old. Several years
later she married Bob, and together over the course of their marriage they had
two daughters, Pearl and Emerald. Ruby wishes to make out a will and ultimately
leave Jewelstone to the girls, but should she predecease Bob, she wants to make
sure that he can live there until he dies. She doesn’t wish to leave Jewelstone
to Bob outright for fear that he might remarry after her death, and she
doesn’t wish for his second wife or her heirs to inherit any interest in
Jewelstone. What property interest should she convey to Bob?
13. The Bartons own 10
acres of land. One day they look out of their window and see the state highway
department digging up one end of their property. When they speak with the head
of the road crew, they learn for the first time that their land has been taken
by the state to be used for a new highway, pursuant to a statute that requires
only that notice of the taking be advertised in a newspaper for 10 consecutive
days. The Bartons think that this is unfair, and sue the state. Most likely the
Bartons will
14. Michael and Andrea
King purchased a tract of land 50 feet wide by 150 feet long from John and Anne
Smith in 1950. Instead of having the land surveyed, Michael and John paced off
the lot and placed stakes in the ground to mark the boundary line. Michael and
Andrea built a house on their lot and in 1952 installed a concrete driveway on
the edge of their property that they believed to be 30 inches from their
property line with the Smiths. In the 30inch strip they put topsoil and
planted grass. John died in 1983, and Anne hired a surveyor to survey her lot.
After the surveyor determined that the 30inch strip actually was part of her
lot, Anne had a fence constructed adjacent to the edge of the driveway. Michael
and Andrea filed suit, claiming that they had title to the 30inch strip.
15. Leonard and Bernard
are philatelists. In 1989, they purchased two sets of stamps that by 1996 were
worth $150,000. The brothers believed themselves to be in possession of these
stamps until 1996, when they saw an advertisement in a nationally circulated
stamp magazine offering them for sale. The brothers brought suit against the
current possessor, Robert, to recover possession of the stamps. Robert claimed
ownership because he found the stamps inside a dresser he had purchased in a
used furniture store. Who should the law recognize as having title to the
stamps?
16. A bailment exists when
a person
17. The secretary of
commerce, pursuant to his rulemaking authority, adopted regulations concerning
overfishing, which prohibited persons holding general fishing permits from
using spotter aircraft, but allowed other persons holding special licenses to
use them. Plaintiffs brought suit to challenge the regulation. What will they
have to show in order to overturn the regulation?
18. Which federal agency
that is responsible for promulgating safety standards for workplaces and for
investigating safety violations?
19. Which of the following
serve at the pleasure of the president?
20. The Consumer Credit
Protection Act does all of the following except:
21. Which of the following
statements about the Administrative Procedure Act of 1946 is false?
22. An administrative
agency can be created in all except which of the following ways?
23. All of the following
are concerns of an administrative agency engaged in the adjudicatory function
except:
24. 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
25. All of the following
are true about judicially hosted settlement conferences except:
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
statements about settlement conferences is true?
28. Roger Lockhart, a
teenager, lost the sight in one of his eyes. He alleged that this was due to
the negligence of Dr. Ramon Patel. A summary jury trial, a form of ADR, was
conducted, and the jury found that the defendant should be responsible for
$200,000. The effect of that will be that
29. Which of the following
statements about minitrials is false?
30. Under the terms of
insurance contract, disputes concerning coverage were to be submitted to a
threemember board, which would render a decision. What type of ADR is
this?
No comments:
Post a Comment