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BLAW Test Two
| Q&A | Definition/T/F |
|---|---|
| The first amendments guaranty a free speech applies to? | Corporate political speech, Commercial speech, and defamation. |
| The crime of larceny includes in its definition? | The trespassing taking and carrying away a personal property. |
| The defense of entrapment arises when? | A police offer or other government official or agent, acts to induce an individual to commit a crime when that individually will not ordinary done so. |
| How much force may an individual use to protect her property | You can only use reasonable force but not deadly force. |
| Two boys held @ gun point, & ran off with money. The police saw them run into Giles apt. building where they R only 4 apartments off a common hall and no way out. The police knocked on Giles door, she says “She’s the only one there” the police can what? | Search the apartment without a warrant because there in hot pursuit of the thieves. |
| Anita tells bob that unless bob pays her $5000.00, she will tell his customers that he was once arrested for shop lifting as a teenager. The fact that bob shoplifted is true. | In most jurisdictions Anita has committed a crime of extortion. |
| An employer of marketing to fix prices with their company’s competitors. If the employee does so, who is liable? | Both the employee and the employer are reliable. |
| Under the common law as well as most statues __________ is larceny with the additional elements that the property is taken from the victim or in the immediate presence of the victim and the act is accomplished through either force or treat of force. | Robbery |
| The privilege against self-incrimination extends to which of the following | NONE OF THE ABOVE ARE PROTECTED |
| Paul a police officer is working as undercover drug agent; he enrolls in classes at the local university. When Paul encourages Sam to try it, and Sam lights up the joint. Paul arrest Sam for possession of a control substance. | Sam can raise a defense of entrapment and argue that Paul has unties him to commit a crime he would not have done otherwise |
| The degrees of mental fault in criminal law include which of the following? | Subjected fault, Objective fault, Liability without fault. |
| Tim and Steve are rising in Tim’s parents front yard, when Steve intentionally pusses Tim on to the neighbor’s property. | Steve is the trespasser. |
| Franco has the permission of Jorge to walk across his yard on the way to school. If Franco brings 20 of his friends across the yard, and they stop to play ball. Is there any charge of a tort? | Franco and his friends are guilty of trespass of real property because they played ball in Jorge’s yard. |
| Two absolute defamation defenses are? | Privilege, and Truth. |
| Botley contact that is harmful or offensive can give rise to the tort of what? | Battery |
| Most states have statues protecting merchants from charges a false improsement. When detaining suspected shop lifters, as long as the merchant detains the suspect _ | With probable cause, in a reasonable manner, and for not more than a reasonable time. |
| Ashley wrote a defamatory letter, regarding Bryan which she mailed to Bryan. But which she did not show to anyone else. Ashley has committed what? | Neither liable nor slander because there has been no publication of the letter. |
| Arnold wrote a defamatory letter regarding Bill which he did not show to anyone, but which he posted on a bulletin board in the laundry mat. Arnold has committed what? | The tort of liable |
| Claudia’s baby daughter Karan is snatch from her warms at the grocery store. The kidnapper threatens to drop the baby if the store does not hang over the content of the vault. Claudia may what? | Shoot the kidnapper so she can protect her baby in the same way that she can protect herself. |
| An absolute privilege exists to protect which of the following defendants in defamation cases. | Members of congress on the floor of congress, statements made by the President of the U.S in the discharge of the official duty and statements about the third party made for one spouse when the couple is alone. |
| Invalid contract | Duress, undue influence, and fraud |
| Recognizing intent to form a contract. | Proposals such as invitations to negotiate, advertisements, and auctions don’t constitute an intentional offer, but merely invite another party to make an offer. Acceptance of such a proposal creates an offer only and does not create a contract |
| When does an offer terminate, if not stated in the offer? | An offer will stay open until it’s either accepted or until one of the following occurrences terminates it: 1. Lapse of time 2. Revocation 3. Rejection 4. Counteroffer 5. Death 6. Destruction of the subject 7. Subsequent illegality |
| Whether an acceptance must be identical to the offer under the Uniform Commercial Code (UCC) | The mirror image rule of common law is modified , primarily because of the realities of modern business practices, and use of standardized business forms. It focuses on the intent of the parties to determine if an offer was accepted without conditions |
| An acceptance to the offer that contains different or additional terms... How are these treated under common law vs. the Uniform Commercial Code? | The issue is whether the seller’s different or additional terms become part of the contract. The Code provides rules to resolve these disputes, depending on whether the parties are merchants and on whether the terms are additional or different terms. |
| Fraudulent misrepresentation | Misrepresentation that is consciously false and is intended to mislead another. The person making the misrepresentation knows assertion is false or knows that she does not have a basis for the assertion |
| Rescuing someone in danger | Good Samaritan Statute A state statute stipulating that persons who provide emergency services to, or rescue, someone in peril cannot be sued for negligence, unless they act recklessly, thereby causing further harm. |
| In strict liability cases- the foreseeability of an explosion | Someone is not responsible for an explosion if they didn't know about it |
| Intentional intervening conduct | is an event that occurs after a tortfeasor's initial act of negligence and causes injury/harm to a victim. |
| Carrying on abnormally dangerous activity | One carrying on an abnormally dangerous activity is subject to strict liability for the resulting harm |
| Duty owed to a business visitor | The persons designated as invitees includes those who have come upon the land at the express or implied invitation of a possessor for the purpose of transacting some business within the scope of the invitation. They can't invite someone dangerous |
| How a landowner should treat a trespasser | It owes a duty of respect as well, they shouldn't be too violent |
| Minors engaging in adult activities | Adjudicated incompetent, intoxicated: they have limit capacity (it can be voidable) |
| Comparative negligence in an auto accident | These theories say recovery for damages will be reduced by the percentage of fault attributable to them. If one is reponsible for a 30 % of accident then she will receive 70% of compensation. |
| Proximate cause | is an event sufficiently related to a legally recognizable injury to be held to be the cause of that injury. |
| Subsequent illegality of a type of contract | the obligations of both parties under the contract are discharged. Illegality taking effect after the making of an offer but prior to acceptance has the same effect: the offer is legally terminated. |
| Newspaper advertisement, what is it? | Invitations to begin negotiation |
| Acceptance of a unilateral contract | Promisor accepts by action |
| Counteroffer | A counterproposal from the offeree to the offeror that indicates a willingness to contract but on terms or conditions different from those contained in the original offer. |
| Results of an offeree sending both a rejection and acceptance of an offer | If that person received the acceptance and sends a rejection at the same time, the person will automatically be accepted. It's whoever received it 1st |
| The period of time an option is irrevocable | A right which is given for consideration to a party (optionee) by a property owner (optionor) to purchase or lease property within a specified time, at a specified price and terms.The optionee will notbe extinguished by death or insanity of either party. |
| How long must an offeror of a unilateral contact permit the offeree to accept by performance? | An offer for a unilateral contract is one which can be accepted only by (1) performance of a specific act, or (2) refraining from performing an act which the offeree was otherwise entitled to undertake. |
| When can a contract be avoided due to economic duress? | Rob, an elderly man, isependent his housekeeper,Larry, to care4 him.Larry persuades Robo withdraw $100,000 from the bank&make an interest-free loan to him.Rob'sdaughter, Erica, suedLarry on behalf of herfather to avoid it. If ERICA wins it is a |
| Negligence in ascertaining (determining) the content of a contact before signing | Always make sure to read contracts. |
| Fraud in the execution | Contract not fully performed |
Created by:
abichavez1
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