MG 260 / MG260 MIDTERM EXAM REVIEW

MG 260 / MG260 MIDTERM EXAM REVIEW 1. Question : The same act can result in both criminal and civil liability. Student Answer: True False Instructor Explanation: See torts versus crimes in week 2 lecture: e.g., battery can be a crime and an intentional tort. Question 2. Question : According to the principle of federal supremacy and the U.S. Constitution, federal law always defeats conflicting state law. Student Answer: True False Instructor Explanation: See p 83. Question 3. Question : An option contract can be created without consideration. Student Answer: True False Instructor Explanation: p 344 Question 5. Question : The burden of proof in a civil trial is beyond a reasonable doubt. Student Answer: True False Instructor Explanation: It's a preponderance of the evidence. Question 6. Question : Encouraging free competition to promote economic growth is a function of the law. Student Answer: True False Instructor Explanation: See p. 11. An ad in the classifieds stating "British shorthair kitten for sale, $800" is not an example of an offer. Student Answer: True False Instructor Explanation: p 339. Question 8. Question : Only duress can make a contract voidable. Student Answer: True False Instructor Explanation: Many factors can make a contract voidable. (Duress, undue influence, infancy, etc.) Question 9. Question : Kant's categorical imperative is an example of a justice theory of ethics. Student Answer: True False Instructor Explanation: See rights theory, p. 96. Generally, offers to sell something at a certain price are revocable at any time. Student Answer: True False Instructor Explanation: See p. 343. Question 11. Question : Death of a party before acceptance terminates the offer. Student Answer: True False Instructor Explanation: p 346 Question 12. Question : An intoxicated person can get out of a contract made while intoxicated regardless of whether the other person knew that he/she was drunk. Student Answer: True False Instructor Explanation: See the lecture for week 4, capacity to contract. breach of that duty, causation, and injury to the plaintiff. Student Answer: True False Instructor Explanation: See lecture for week 2. Ch 7. Question 14. Question : Promissory estoppel may NOT be used as a consideration substitute. Student Answer: True False Instructor Explanation: It can be depending on the circumstances. See ch. 12 p 382. Question 15. Question : Bidding at an auction is usually not considered to be an offer. Student Answer: True False Instructor Explanation: 381-384 Student Answer: True False Instructor Explanation: See p 47-54. Question 17. Question : Strict liability is liability regardless of fault. Student Answer: True False Instructor Explanation: See page 178. Question 18. Question : Implied contracts are not created by conduct. Student Answer: True False Instructor Explanation: See lecture for week 3 and p 320-321. Implied contracts are created by inference or by conduct. Student Answer: True False Instructor Explanation: P. 107 Question 20. Question : Appellate courts hear issues of law. Student Answer: True False Instructor Explanation: See Ch1. Question 21. Question : Consideration is necessary for a charitable subscription to be binding. Student Answer: True False Instructor Explanation: p 384. and do not require consideration. Student Answer: True False Instructor Explanation: p 344 Question 23. Question : A poster advertising a reward for capturing a criminal constitutes an offer. Student Answer: True False Instructor Explanation: p 339-340 Question 24. Question : Criminal law is based on . Student Answer: Statutory law Contract law Civil law Question 25. Question : A contract where one or more of the parties has the right to cancel the contract is called: Student Answer: an option contract an offer a voidable contract a void contract Instructor Explanation: See p 321. Question 26. Question : Sean is an invitee on his aunt Allison's beachfront property. Allison owes Sean: Student Answer: Only to warn him of dangerous on-premises conditions that he is not likely to discover. A duty to exercise reasonable care to protect him against dangerous on-premises conditions that Allison knows about or reasonably should know about. Only not to willfully and wantonly injure him on the property. None of the above. Instructor Explanation: See the duties to persons on property in Chapter 7. p 225-226 Question 27. Question : Which of the following is NOT a defense to negligence? Student Answer: res ipsa loquitor assumption of the risk contributory negligence comparative fault Instructor Explanation: Res Ipsa Loquitor is not a defense to negligence. It creates a presumption that the defendant breached a duty and was the cause of the plaintiff's injuries. See Ch. 7. p 242. Question 28. Question : Our common law came to America from which group of European settlers? Student Answer: German English Chinese French Question 29. Question : The answers the complaint. Student Answer: Plaintiff Defendant Appellant Offeror Instructor Explanation: See Week 1 lecture, Steps in a Lawsuit. Question 30. Question : Damages awarded to reimburse an injured plaintiff for lost wages and medical expenses are called . Student Answer: Punitive Exculpatory Compensatory Executory Instructor Explanation: p 178. Question 31. Question : George is selling his house. He received an offer from Katie for $200,000 but decided to counter-offer for $210,000. What does that do to the original offer? Student Answer: Katie is still bound by her original offer of $200,000. George is bound by the original offer of $200,000. Katie will pay $210,000. Neither George nor Katie are bound by the original offer of Instructor Explanation: $200,000. Katie is not bound by her earlier offer as George did not accept it - he counter-offered which is treated as rejecting Katie's first offer. Question 32. Question : Posh Pepper, a rap musician, is dangled by his ankles four stories high until he agrees to share his copyright royalties with rap musician Patricia Paprika. This contract is an example of ? Student Answer: Unilateral mistake Duress Misrepresentation Undue influence Instructor Explanation: See ch 13. p 396-398. Question 33. Question : According to the mirror image rule, Student Answer: Silence is acceptance. A counteroffer is not acceptance. Acceptance can only be in writing. Acceptance is valid only if written backwards so you can see it Instructor Explanation: in a mirror. See p 354. Counteroffers are not acceptance. They create a new offer and reject the old one. Question 34. Question : Which one is a function of the law? Student Answer: Peacekeeping Promoting social justice Protecting the environment All of the above Question 35. Question : An example of an intentional tort would be . Student Answer: False imprisonment Negligence Strict Liability All of the above Instructor Explanation: See p. 186. Question 36. Question : When briefing a case, the holding is usually Student Answer: the plaintiff the defendant a question an answer Instructor Explanation: p 21-23. Question 37. Question : The history of a case contains . Student Answer: What previous courts decided. The parties' names The issue The holding Question 38. Question : Gunnar, age 12, is paid $8 a week by his parents, Bjorn and Anna, to clean his room, fold and put away his laundry, take out the trash, empty the dishwasher, and tend the sheep after school. On Saturday, he offered to clean his room for additional time playing Xbox. His room was very messy. Which is true? Student Answer: Cleaning his room would be adequate consideration in exchange for playing Xbox. Cleaning his room would not be adequate consideration for the additional Xbox time. This contract is void as Gunnar is a minor. None of the above. Instructor Explanation: Doing something that he had a pre-existing contractual duty to do does not constitute consideration. Gunnar was already paid for cleaning his room. See Week 4 materials. Question 39. Question : Juliet, age 14, purchased 5 chickens from Bob at a price of $30 per chicken for a 4-H project. She later decided she didn't want to do the project. She told Bob that she wasn't going to pay him although he had delivered the chickens. Also, one chicken died, so she only had 4 chickens. Which of the following is true? Student Answer: Juliet is still liable to Bob for $150. Juliet must return the 4 remaining chickens to Bob. Bob is liable to Juliet for $30. Juliet must return the 4 remaining chickens and pay Bob $30 Instructor Explanation: for the chicken that died. See week 4 lecture. A minor has a duty to return all consideration still in her possession after disaffirmance. Question 40. Question : A contract to steal gold from Fort Knox would be ? Student Answer: void voidable valid executed Instructor Explanation: See the classes of contracts, Week 3 lecture. p 321. Question 41. Question : In a contract, a promise is made by only one party to the contract. Student Answer: Bilateral Unilateral Voidable Express Instructor Explanation: See week 3, lecture #1.