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A Constructive Eviction - CORRECT ANSWER: Actions or inactions of a landlord that
create conditions that prevent a tenant from enjoying a substantial or integral part of the
premise constitute a constructive eviction.
A Defense to Fraud - CORRECT ANSWER: The defendant must make the
representation with the intent to influence the other party's action. If the defendant did
not intend to deceive, there is no proof of fraud.
Administrative Agencies (DOI) - CORRECT ANSWER: produce the most laws
Two primary functions include rulemaking and adjudication
Assault - CORRECT ANSWER: in contrast to battery, does not involve physical contact,
but the other person must anticipate or expect and fear harm for assault to have
occurred
defenses-
self defense and defense of property
Bailee Duties (has custody of goods temporarily but no transfer of ownership) -
CORRECT ANSWER: Standard of care for bailee is reasonable care
If for bailor's benefit only-bailee has slight care
If for bailee's benefit only-bailee duty is extraordinary care
Bankruptcy Act - CORRECT ANSWER: Chapter 7-liquidation, you turn in the key
, Chapter 11-business to reorganize debt
Chapter 12-for farmers and fisherman
Chapter 13-individuals and small business to reorganize their debt
Battery - CORRECT ANSWER: There is no ground for battery if contacts by both Jim
and the police officer were accidental and not intended to be hostile or offensive.
defenses if sued for batter-
plaintiff consented to act
act was in self defense or defense of others
act was of physical discipline
Binder - CORRECT ANSWER: Informal written contracts that summarize the basic
coverages and terms of insurance agreement and provide evidence of insurance until
the official policy is issued (temporary insurance contract that provides coverage as per
its terms; binder is effective here, whether policy is issued or not)
Community Property - CORRECT ANSWER: Under the community property concept
two types of property can belong to a spouse - separate property as well as community
property. Separate property is the respective spouse's sole property and it is free from
the other spouse's interest or control.
Compensatory Damages include
Special Damages and
General Damages
Punitive/Exemplary Damages - CORRECT ANSWER: Awarded by court to reimburse
victim for actual damage
Medical expenses or lost wages
Pain and suffering