Which one of the following elements must exist in order to prove fraud?
A representation, whether true or untrue, that was made maliciously.
A representation that was related to a past, existing, or future fact.
The plaintiff may or may not have acted anyway, but the representation influenced the
decision.
The intent of the representation was to influence or deceive.
Sara is an attorney who is preparing for trial. So far in the case she has prepared pleadings and a
motion. Which one of the following of Sara's documents is a formal written statement of the facts and
claims of each party to the lawsuit?
Complaint
Allegation
Motion
Pleading
Which one of the following is an action or event causing harm that would most likely result in the
application of the res ipsa loquitur doctrine?
A tornado destroys a barn.
A drunk driver runs his car into a pedestrian.
A roll of tar paper falls off a building at night and hits someone.
An arson fire burns a warehouse to the ground.
James wants to pursue a legal claim against his neighbour, but he does not know what kind of dispute
resolution procedure is the best choice for his situation. The dispute is over a relatively small amount
of money, so James does not want to spend a lot in pursuit of his claim. James wants to be able to
present his side of the story and his witnesses before a neutral third party. James would be pleased if
he and his neighbour could reach a compromise, but, ideally, James wants to be able to walk away
with a binding decision. Assuming that James' neighbour will agree to participate in whatever
procedure James suggests, which one of the following dispute resolution procedures is the best choice
for James?
Mediation
Arbitration
Litigation
Negotiation
In determining whether a legal duty of care is owed by a defendant to a plaintiff, courts seek guidance
by looking to statutes, contracts and common law (case law).
Fatima owns a cafe that is open to the public. Kaito enters the cafe and orders a coffee. Kaito is a(n)
Business invitee.
Public invitee.
Express licensee.
Trespasser.
, The act of leaving a dangerous article such as a gun or car with a person who the lender knows, or
should know, is likely to use it in an unreasonably risky manner is known as
Negligent supervision.
Contributory negligence.
The dangerous instrumentality doctrine.
Negligent entrustment.
Contracts for the sale of goods can contain warranties. The two principal types of warranties that can
be created are express warranties and implied warranties.
Julian was driving his car along a mountain road with his friend Georgia in the passenger seat. Julian's
car crashed into a car driven by Magnus. Julian, Georgia, and Magnus were injured. In the subsequent
lawsuit brought by Georgia against Julian and Magnus, the court found that Magnus was 100 percent
liable for the accident. Next, Magnus sued Julian and pled that Julian was negligently responsible for
his injuries. Which one of the following doctrines bars Magnus' claims against Julian?
Collateral estoppel
Competence rule
Res judicata
Special verdict
Which one of the following statements concerns a contract binding a principal to a third party?
It is a material fact that the third party knew nothing of the principal’s existence.
The contract also binds the third party to the principal.
It makes a difference if the third party thought the contract was made with the agent alone.
The principals have no rights against third parties.
In a strict liability case against toothpaste manufacturer Company P, plaintiff Carla claimed that the
toothpaste caused enamel erosion which required her to have extensive dental procedures to fix her
teeth. In a products liability case based on strict liability, Carla must prove that Company P
Made toothpaste that was dangerously defective when it left the manufacturer.
Misrepresented the qualities of the toothpaste.
Was aware of the potential for enamel erosion and intended the harm.
Did not use the utmost care in making the toothpaste
Sarah and Eva married each other and bought a home that they own as tenants by the entirety. Which
of the following attributes apply to their tenancy? Choose all that apply.
The tenancy involves no survivorship rights.
If Sarah dies, ownership of the home lodges entirely with Eva.
Eva cannot sell her rights in the estate to sever the tenancy.
Eva can mortgage her portion of the estate separately from Sarah's.
Sarah can own 3/4 of the estate while Eva owns 1/4.
A representation, whether true or untrue, that was made maliciously.
A representation that was related to a past, existing, or future fact.
The plaintiff may or may not have acted anyway, but the representation influenced the
decision.
The intent of the representation was to influence or deceive.
Sara is an attorney who is preparing for trial. So far in the case she has prepared pleadings and a
motion. Which one of the following of Sara's documents is a formal written statement of the facts and
claims of each party to the lawsuit?
Complaint
Allegation
Motion
Pleading
Which one of the following is an action or event causing harm that would most likely result in the
application of the res ipsa loquitur doctrine?
A tornado destroys a barn.
A drunk driver runs his car into a pedestrian.
A roll of tar paper falls off a building at night and hits someone.
An arson fire burns a warehouse to the ground.
James wants to pursue a legal claim against his neighbour, but he does not know what kind of dispute
resolution procedure is the best choice for his situation. The dispute is over a relatively small amount
of money, so James does not want to spend a lot in pursuit of his claim. James wants to be able to
present his side of the story and his witnesses before a neutral third party. James would be pleased if
he and his neighbour could reach a compromise, but, ideally, James wants to be able to walk away
with a binding decision. Assuming that James' neighbour will agree to participate in whatever
procedure James suggests, which one of the following dispute resolution procedures is the best choice
for James?
Mediation
Arbitration
Litigation
Negotiation
In determining whether a legal duty of care is owed by a defendant to a plaintiff, courts seek guidance
by looking to statutes, contracts and common law (case law).
Fatima owns a cafe that is open to the public. Kaito enters the cafe and orders a coffee. Kaito is a(n)
Business invitee.
Public invitee.
Express licensee.
Trespasser.
, The act of leaving a dangerous article such as a gun or car with a person who the lender knows, or
should know, is likely to use it in an unreasonably risky manner is known as
Negligent supervision.
Contributory negligence.
The dangerous instrumentality doctrine.
Negligent entrustment.
Contracts for the sale of goods can contain warranties. The two principal types of warranties that can
be created are express warranties and implied warranties.
Julian was driving his car along a mountain road with his friend Georgia in the passenger seat. Julian's
car crashed into a car driven by Magnus. Julian, Georgia, and Magnus were injured. In the subsequent
lawsuit brought by Georgia against Julian and Magnus, the court found that Magnus was 100 percent
liable for the accident. Next, Magnus sued Julian and pled that Julian was negligently responsible for
his injuries. Which one of the following doctrines bars Magnus' claims against Julian?
Collateral estoppel
Competence rule
Res judicata
Special verdict
Which one of the following statements concerns a contract binding a principal to a third party?
It is a material fact that the third party knew nothing of the principal’s existence.
The contract also binds the third party to the principal.
It makes a difference if the third party thought the contract was made with the agent alone.
The principals have no rights against third parties.
In a strict liability case against toothpaste manufacturer Company P, plaintiff Carla claimed that the
toothpaste caused enamel erosion which required her to have extensive dental procedures to fix her
teeth. In a products liability case based on strict liability, Carla must prove that Company P
Made toothpaste that was dangerously defective when it left the manufacturer.
Misrepresented the qualities of the toothpaste.
Was aware of the potential for enamel erosion and intended the harm.
Did not use the utmost care in making the toothpaste
Sarah and Eva married each other and bought a home that they own as tenants by the entirety. Which
of the following attributes apply to their tenancy? Choose all that apply.
The tenancy involves no survivorship rights.
If Sarah dies, ownership of the home lodges entirely with Eva.
Eva cannot sell her rights in the estate to sever the tenancy.
Eva can mortgage her portion of the estate separately from Sarah's.
Sarah can own 3/4 of the estate while Eva owns 1/4.
