AIC 301 Study Guide Questions With Complete Solutions
"but for" rule Correct Answers a rule used to determine
whether a defendant's act was the primary cause of a plaintiff's
harm based on the determination that the plaintiff's harm could
not have occurred but for the defendant's act
"clean hands" Correct Answers insureds must come to court
with "___________ ____________" when trying to assert
estoppel
"fair use" Correct Answers educational purposes such as
teaching, research, criticism, comment, etc.
$50 Correct Answers buyer's liability is generally limited to
$_______ if the card is lost or stolen and card owner reports the
loss within two business days
1-3 years Correct Answers length of statute of limitations for
medical malpractices
1) 4th amendment
2) 5th amendment Correct Answers 2 amendments limiting
agency investigations
1) adverse party must have exclusive possession of the property
and occupy it in the usual way
2) possession must be open and obvious
3) possession must be without the owner's permission
4) possession must be continuous for a statutory time span
Correct Answers 4 elements of adverse possession
,1) adverse possession
2) rights under, above, and on the land's surface
3) rights to lateral and sub adjacent support
4) water rights
5) ownership of fixtures Correct Answers 5 incidental real
property rights
1) affirmative
2) continuing (promissory)
3) implied Correct Answers 3 classifications of warranties
1) agency has issued a final order
2) doctrine of exhaustion of administrative remedies has been
satisfied Correct Answers 2 requirements for judicial review
1) agreement
2) capacity
3) mutual assent
4) consideration
5) legal purpose
6) form required by law Correct Answers 6 elements of a
legally binding contract
1) agreement
2) capacity to contract
3) consideration
4) legal purpose Correct Answers 4 elements of a legally
enforceable contract
1) agreement
,2) policy content
3) delivery Correct Answers 3 characteristics of a binding
insurance contract
1) agreement by the parties to associate for a business activity
2) profits and losses shared by each party
3) joint control of the venture by the parties
4) contribution to the venture's assets by each party Correct
Answers 4 things a plaintiff must prove in joint ventures
1) alienation of affection
2) loss of consortium
3) personal injury Correct Answers 3 categories of spouses'
rights
1) arbitration
2) mediation
3) negotiation Correct Answers 3 types of ADRs
1) article cannot be removed without substantial injury to the
realty
2) article is specially constructed or fitted for use in a building
3) the party attaching the item intends for it to become part of
the land or building Correct Answers 3 tests to determine if
something is a fixture
1) assignment of a contract
2) third-party beneficiary contracts Correct Answers 2
situations where third-parties have enforceable rights under
contracts others have made
, 1) battery
2) assault
3) false imprisonment/false arrest
4) intentional infliction of emotional distress
5) defamation
6) invasion of right of privacy Correct Answers 6 types of
intentional torts
1) carry out the parties' assumed intention
2) achieve certainty and finality to the parties' rights & duties
3) exclude fraudulent & perjured claims Correct Answers 3
purposes that Parol Evidence Rule serves
1) cease-and-desist orders issued to violating parties
2) industry trade-practice conferences to devise rules for
false/misleading advertising
3) informal settlements and consent orders to settle cases from
unintentional violations of the act Correct Answers 3 ways
FTC Act takes action against unfair/deceptive practices
1) certain tax claims
2) money, property, or services obtained by fraud
3) claims for willful and malicious injury to people or property
4) alimony or support
5) most education loans
6) debts occurred in court actions arising from drunk driving
Correct Answers 6 debts that bankruptcy does NOT discharge
1) change in law
2) death or incapacitation
3) destruction of subject matter
"but for" rule Correct Answers a rule used to determine
whether a defendant's act was the primary cause of a plaintiff's
harm based on the determination that the plaintiff's harm could
not have occurred but for the defendant's act
"clean hands" Correct Answers insureds must come to court
with "___________ ____________" when trying to assert
estoppel
"fair use" Correct Answers educational purposes such as
teaching, research, criticism, comment, etc.
$50 Correct Answers buyer's liability is generally limited to
$_______ if the card is lost or stolen and card owner reports the
loss within two business days
1-3 years Correct Answers length of statute of limitations for
medical malpractices
1) 4th amendment
2) 5th amendment Correct Answers 2 amendments limiting
agency investigations
1) adverse party must have exclusive possession of the property
and occupy it in the usual way
2) possession must be open and obvious
3) possession must be without the owner's permission
4) possession must be continuous for a statutory time span
Correct Answers 4 elements of adverse possession
,1) adverse possession
2) rights under, above, and on the land's surface
3) rights to lateral and sub adjacent support
4) water rights
5) ownership of fixtures Correct Answers 5 incidental real
property rights
1) affirmative
2) continuing (promissory)
3) implied Correct Answers 3 classifications of warranties
1) agency has issued a final order
2) doctrine of exhaustion of administrative remedies has been
satisfied Correct Answers 2 requirements for judicial review
1) agreement
2) capacity
3) mutual assent
4) consideration
5) legal purpose
6) form required by law Correct Answers 6 elements of a
legally binding contract
1) agreement
2) capacity to contract
3) consideration
4) legal purpose Correct Answers 4 elements of a legally
enforceable contract
1) agreement
,2) policy content
3) delivery Correct Answers 3 characteristics of a binding
insurance contract
1) agreement by the parties to associate for a business activity
2) profits and losses shared by each party
3) joint control of the venture by the parties
4) contribution to the venture's assets by each party Correct
Answers 4 things a plaintiff must prove in joint ventures
1) alienation of affection
2) loss of consortium
3) personal injury Correct Answers 3 categories of spouses'
rights
1) arbitration
2) mediation
3) negotiation Correct Answers 3 types of ADRs
1) article cannot be removed without substantial injury to the
realty
2) article is specially constructed or fitted for use in a building
3) the party attaching the item intends for it to become part of
the land or building Correct Answers 3 tests to determine if
something is a fixture
1) assignment of a contract
2) third-party beneficiary contracts Correct Answers 2
situations where third-parties have enforceable rights under
contracts others have made
, 1) battery
2) assault
3) false imprisonment/false arrest
4) intentional infliction of emotional distress
5) defamation
6) invasion of right of privacy Correct Answers 6 types of
intentional torts
1) carry out the parties' assumed intention
2) achieve certainty and finality to the parties' rights & duties
3) exclude fraudulent & perjured claims Correct Answers 3
purposes that Parol Evidence Rule serves
1) cease-and-desist orders issued to violating parties
2) industry trade-practice conferences to devise rules for
false/misleading advertising
3) informal settlements and consent orders to settle cases from
unintentional violations of the act Correct Answers 3 ways
FTC Act takes action against unfair/deceptive practices
1) certain tax claims
2) money, property, or services obtained by fraud
3) claims for willful and malicious injury to people or property
4) alimony or support
5) most education loans
6) debts occurred in court actions arising from drunk driving
Correct Answers 6 debts that bankruptcy does NOT discharge
1) change in law
2) death or incapacitation
3) destruction of subject matter
