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Which tort provides a basis for a criminal prosecution as well as for a tort action?
a. Invasion of privacy
The circumstances under which a person can be criminally negligent involve:
a. a person consciously disregards a substantial and unjustifiable risk.
b. a person acts in an unconsciously risky manner.
c. a person is not aware of the circumstances
Under the ___doctrine, a court may impose criminal liability on a corporate officer who knew about a given criminal violation.
Which one of the following is NOT part of the five broad categories of criminal acts?
a. Violent crime
b. Property crime
c. Public Order Crime
d. Petty Crime
e. White-Collar Crime
f. Organized Crime
The key difference between larceny and robbery is that:
a. robbery involves breaking into a dwelling; larceny does not.
b. robbery involves force or fear of force; larceny does not.
c. larceny involves arson; robbery does not.
Obtaining goods by false pretenses is a form of theft that involves _.
One of the following is NOT a good example of a white-collar crime:
b. Mail and wire fraud
e. Bankruptcy fraud
f. Insider trading
Today the most common public order crimes do NOT include:
a) public drunkenness.
d) illegal drug use.
e) illegal gambling.
On her local radio station, Jessica Aign advertises a “magic” cream that corrects baldness, even though she knows that the cream is just hand lotion. She may be tried:
a. for the crime of embezzlement.
b. under state law only.
c. for the federal crime of wire fraud.
One of the following is usually NOT an acceptable defense to criminal liability:
a. Necessity [Rollover definition—Under Section 3.02 of the Model Penal Code, this defense is justifiable if “the harm or evil sought to be avoided” by a given action “is greater than that sought to be prevented by the law defining the offense charge.”]
b. Justifiable use of force
d. Strong desire
e. Entrapment [Rollover definition—The defendant claims that he or she was induced by a public official—usually an undercover agent or police officer—to commit a crime that he or she would otherwise not have committed.]
f. Duress [Rollover definition—Unlawful pressure brought to bear on a person, causing the person to perform an act that he or she would not otherwise perform.]
Which one of the following crimes enjoys no statute of limitations:
e. Traffic violations
f. Insider trading
The____Amendment reads in part that no person “shall be compelled in any criminal case to be a witness against himself.”
Officer Spangler believes that John Doe is a criminal. He asks a judge to issue a general warrant that allows Spangler to go through John Doe’s belongings in his house. Will the judge agree?
a. Yes, because police officers must be given deference for their suspicions.
b. No, because a search warrant cannot extend beyond what is described in the warrant.
c. No, because police officers do not require warrants.
What happens when evidence obtained in violation of the rights spelled out in the Fourth, Fifth, and Sixth Amendments are presented at trial?
a. The jury is told to consider the evidence as 50 percent accurate.
b. The jury is told that the evidence is valid nonetheless.
c. Such evidence must be excluded from the trial proceedings.
The most important Supreme Court case with respect to a criminal defendant’s procedural rights is:
a. Miranda v. Arizona
b. People v. Roscoe
c. United States v. Booker
When a grand jury decides that someone should be charged for an alleged crime, such a charge is called an ______
A (n) ______ involves the criminal defendant being brought before the court, informed of the charges, and asked to enter a plea.
The ___ is perhaps the most significant federal law addressing cyber crime.
At a given point in time, contract law does NOT reflect which of the following?
a. Our social values
b. Our interests
c. Our physical well-being
d. Our expectations
a. What the party said when entering into the contract.
b. If the party had the flu while negotiating.
c. The circumstances surrounding the transaction.
Assume that Eva tells Maria that she will buy Maria a new dress if Maria reads a book by Friday night. Maria begins reading but has a chapter left to finish when Eva says she has changed her mind and will not pay for the new dress. Under the modern approach to contracts, Eva and Maria:
a. have no contract until Maria finishes reading.
b. formed a unilateral contract as soon as Maria began reading the book.
c. formed a bilateral contract as soon as Maria began reading the book.
Which of the following is NOT a requirement for an implied contract?
a. The plaintiff furnished some service or property.
b. The defendant had no chance to reject the services or property.
c. The defendant had a chance to reject the services or property and did not.
d. The plaintiff expected to be paid for that service or property, and the defendant knew or should have known that payment was expected.
Pete calls A-1 Towing when his car won’t start. He tells the dispatcher the location of the car, but does not ask for a price and leaves before the tow truck arrives. He obviously does not talk to the driver and does not sign any documents. Therefore, Pete
a. owes A-1 for towing his car under an express contract.
b. owes A-1 for towing his car under an implied contract.
c. owes nothing because he could not reject the services if they were overpriced.
You tell the gas station attendant to fill up your car with regular and he does so. At this point, the contract between the gas station and you is:
a. executed because you have a full tank of gas.
b. executed because the gas station attendant did what you asked.
c. executory because you have yet to pay the attendant.
The Latin phrase meaning “as much as he or she deserves” is:
a. caveat emptor
b. quid pro quo
c. quantum meruit
A court will consider a contract to be unclear in which of the following situations:
a. When the intent of the parties can be determined from the contract’s language.
b. When there is no uncertainty about any of the provisions of the contract.
c. When a term is susceptible to more than one interpretation
A _____ will be interpreted as a whole.
Pascal’s new Mercedes won’t start one morning and he screams to his passenger, “For a thousand bucks, I’d get rid of this car.” The passenger normally CANNOT buy the car for $1,000:
a. because Pascal did not write anything down.
b. because a reasonable person would know that a serious offer was not being made.
c. because Pascal’s subjective intent can’t be known.
Olivia says to Jim, “I think I’ll sell my new digital camera for $100 because I’m never going to use it.” This statement constitutes:
a. a valid offer.
b. an agreement to agree.
c. a statement of future intent.
Which of the following statements could be a valid offer?
a. An expression of opinion.
b. A statement of an intention to do something in the future.
c. An invitation to negotiate.
e. An auction without reserve.
1. Revocation—Unless the offer is Irrevocable, it can be revoked at any time before acceptance without liability.
2. Rejection—Accomplished by words or actions that demonstrate a clear intent not to accept the offer; not effective until received by the offeror or the offeror’s agent.
3. Counteroffer—A rejection of the original offer and the making of a new offer.
Lapse of time—The offer terminates at the end of the time period specified in the offer or, if no time period is stated in the offer, at the end of a reasonable time period.
Destruction of the subject matter—When the specific subject matter of the offer is destroyed before the offer is accepted, the offer automatically terminates.
Death or Incompetence of the offeror or offeree—If the offeror or offeree dies or becomes incompetent, this offer terminates (unless the offer is irrevocable).
Supervening illegality—When a statute or court decision makes the proposed contract illegal, the offer automatically terminates.
Which of the following occurrences will NOT terminate an offer?
Pick the one item in the list below that typically is NOT included in an online offer:
a. Acceptance of terms
c. Return policy
e. Limitation on remedies
f. Future discount policies
h. Dispute resolution
a. encrypted digital signatures.
b. names at the end of e-mail messages.
c. clicks on Web pages if the clicking includes some means of identification.
d. signatures on original paper documents.
The act that provides that no contract, record, or signature may be denied legal effect solely because it is an electronic form is the:
To what type of transaction does the UETA NOT apply?
a. Transactions that have been negotiated for a contract via e-mail.
b. The electronic records and signatures relating to a transaction.
c. Transactions for which the parties have not previously agreed to conduct by electronic means.
The Uniform Electronic Transaction Act (UETA): The UETA is enacted without modifications
The Uniform Electronic Transaction Act (UETA): The UETA is enacted with modifications
• The state’s procedures or requirements are consistent with the E_SIGN Act.
• The state does not give priority to one type of technology.
•The state law was enacted after the E-SIGN Act and refers to it.
2)The E-SIGN Act governs if—
•The modifications are inconsistent with the E-SIGN Act.
A person enters her or his name at the bottom of an e-mail purchase order, so that name would qualify:
a. as an invalid signature.
c. as a valid signature.
Which of the following treaties is NOT relevant to e-contracts?
a. The Hague Convention on the Choice of Court Agreements.
b. The United Nations Convention on the Use of Electronic Communications in International Contracts.
c. The International Convention on Trademark Disputes.
Consideration is the value given in exchange for a promise. A contract cannot be formed without sufficient consideration. Consideration is often broken down into two elements:
1. Legal value—Something of legally sufficient value must be given in exchange for a promise. This may consist of a promise, a performance, or a forbearance.
2. Bargained-for exchange—There must be a bargained-for exchange.
1) Something of legally sufficient value may consist of a promise to do something that one has no prior legal duty to do.
2) Something of legally sufficient value may consist of the performance of an action that one is otherwise not obligated to undertake.3) Something of legally sufficient value may consist of the refraining from an action that one has a legal right to undertake
The second element of consideration is that it must provide the basis for the bargain, so the item of value must be given or promised by the promisor in return for the promisee’s:
a. promise, performance, or promise of performance.
b. promise, incomplete performance, or promise of complete performance.
c. agreement, payment, or statement of intent.
Dewitt tells his daughter that, “In consideration of the fact that you are not as wealthy as your sisters, I’m going to give you $100,000.” Is the element of bargain-for exchange evident here?
a. Yes, because Dewitt included the term “consideration.”
b. Yes, because Dewitt made clear why he was giving her $100,000.
c. No, because in fact no consideration has been given.
An award is posted by a private group for information leading to the arrest of a criminal. Who of the following CANNOT claim such a reward:
b. Residents with work visas
d. Senior citizens
e. Emancipated minors
Constance tells Jill, her best employee, that, “Your work is so good, if I like what you do over the next six months, I’ll give you a $1,000 bonus.” Constance does not give Jill the bonus so Jill sues. Most likely:
a. Jill will win because this an accord and satisfaction
b. Jill will not win because Jill didn’t prove that her work was satisfactory.
c. Jill will not win because this is an illusory promise without consideration.
Sergio contracts to hire Belinda to work for him at $3,000 per month, reserving the right to cancel the contract at any time. Two days before Belinda is scheduled to start work, Sergio exercises his option-to-cancel clause. Will Belinda be successful in a lawsuit against Sergio?
a. Yes, because she should have been allowed to work at least one month.
b. No, because the promise was illusory and therefore unenforceable.
c. Yes, because the promise did involve adequate consideration
A debt that is uncertain in amount.
When a debtor offers to pay, and a creditor accepts, a lesser amount than the creditor originally claimed was owed, the agreement is called:
a. an accord.
b. a satisfaction.
c. an accord and satisfaction.
You owe monthly payments on a car loan at fixed interest. After making 11 payments, you go to the bank and ask it to make an accord and satisfaction for a lessor amount. Will you succeed?
a. Yes, because banks are willing to negotiate.
b. Yes, because banks have standard forms for accord and satisfaction.
c. No, because your debt is a liquidated debt and therefore is not in dispute.
In most states, a legally binding release does NOT require:
a. the signature of an attorney or notary
c. a signed writing
Francisca collides with Wyatt’s car. Francisca writes Wyatt a letter offering to pay Wyatt $10,000 if he agrees to forfeit all of his rights to pursue a lawsuit. If Wyatt agrees and signs the letter, Wyatt will have agreed to a(n):
a. accord and satisfaction
b. covenant not to sue
c. specified accord
d. preliminary accord
a. an indefinite promise.
b. a signed writing explaining the promise.
c. that justice be better served by enforcement of the promise
1. There must be a clear and definite promise.
2. The promisor should have expected that the promisee would rely on the promise.
3. The promisee reasonably relied on the promise by acting or refraining from some act.
4. The promisee’s reliance was definite and resulted in substantial detriment.
5. Enforcement of the promise is necessary to avoid injustice.
A charitable subscription is NOT a promise to make a donation to:
a. a religious organization.
b. a college or university.
c. Alcoholics Anonymous.
d. the U.S. Treasury.
e. the Human Society.
f. United Fund.
The age at which an individual is considered legally capable of conducting himself or herself responsibly.
In regard to minors, the act of being freed from parental control; occurs when a child’s parent or legal guardian relinquishes the legal right to exercise control over the child.
The legal avoidance, or setting aside, of a contractual obligation.
Espinoza is sixteen, but looks much older. She purchases a diamond bracelet, but decides nine months later that it was unwise to spend the money, so she:
a. can disaffirm this contract only if she has turned 18.
b. can return the bracelet, but will only receive 50 percent of what she paid for it.
c. can return the bracelet and get all of her money back.
Hineki buys an expensive tablet device to celebrate his seventeenth birthday. Two weeks later, his father insists that he return it. Hineki’s attempt to return the tablet will:
a. be successful, because he acted within a reasonable time.
b. be unsuccessful because he waited too long.
c. be unsuccessful unless he obtains court approval.
1. Misrepresentation of age (or fraud)—In many jurisdictions, misrepresentation of age prohibits the right of disaffirmance.
2. Necessaries —Minors remain liable for the reasonable value of necessaries (goods and services).
3. Ratification After reaching the age of majority, a person can ratify a contract that he or she formed as a minor, thereby becoming fully liable for it.
General Rules-If a person was sufficiently intoxicated to lack the mental capacity to comprehend the legal consequences of entering into the contract, the contract may be voidable at the option of the intoxicated person.
Disaffirmance- An intoxicated person may disaffirm the contract at any time while intoxicated and for a reasonable time after becoming sober but must make full restitution. Contracts for necessaries are voidable, but the intoxicated person is liable for the reasonable value of the goods or services.
Ratification- After becoming sober, a person can ratify a contract that she or he formed while intoxicated, thereby becoming fully liable for it.
Sven goes to a bar, drinks eight shots of bourbon, and then goes to an electronics store where he buys a large flat-screen TV for $2,500. If he later wants to void the contract based on his intoxication when he bought it, he will need to prove that:
a. his capacity to act would be classified as “legally unstable.”
b. the store clerk knew that he was intoxicated.
c. he lacked the mental capacity to enter into the contract.
VoidIf a court has declared a person to be mentally incompetent and has appointed a legal guardian, any contract made by that person is void from the outset.
VoidableIf a court has not declared a person mentally incompetent, but that person lacked the capacity to comprehend the subject matter, nature, and consequences of the agreement, then the contract is voidable at the person’s option.
Valid If a court has not declared a person mentally incompetent and that person was able to understand the nature and effect of the contract at the time it was formed, then the contract is valid and enforceable.
Maya sincerely believes that she was born on another planet. She goes to a car dealership and buys a KIA Sorrento, telling the salesperson that she is going to beam the car back to her home planet. Later, if she wants to avoid her contract she must:
a. prove that she lacked adequate mental capacity when she bought the car.
b. prove that the salesperson talked her into buying the car.
c. prove that a court had previously judged her to be incompetent.
Any contract to commit a crime is in _ Fill In _ of a statute and therefore unenforceable.
A contract to sell illegal drugs in is _ Fill In _ because it is a crime.
A contract to smuggle undocumented workers into the U.S. for an employer is _ Fill In _ and therefore unenforceable.
Jeff takes all his savings and asks his broker to purchase seven different stocks. When they all fall in value, he attempts to avoid the contract by claiming that “betting” on prices of stocks is the equivalent to gambling. He will:
a. avoid the contract based on the general gambling rule.
b. not have legal recourse.
c. be able to avoid the contract because stock market gambling is against public policy.
Which professionals do NOT need to be licensed to engage in legal and enforceable contracts:
d. tarot card readers.
e. real estate brokers.
g. stock brokers
Which of the following is NOT among the types of contracts and clauses that are often held to be contrary to public policy?
a. A contract in restraint of trade
b. An exculpatory clause
c. A divisible, or severable, contract
A court-ordered correction of a written contract so that it reflects the true intentions of the parties.
A restaurant owner requires new employees to sign a covenant not to compete in the restaurant business in the entire United States for five years. Such a covenant will:
a. be deemed not contrary to public policy.
b. be deemed contrary to public policy because of excessive duration and unreasonable geographic restriction.
c. be deemed against public policy because the restaurant business is not competitive.
Occurs if a contract is entered into, or a term becomes part of the contract, because of a party’s lack of knowledge or understanding of the contract or the terms.
2)Factors That Courts Consider
•Is the print inconspicuous?
•Is the language unintelligible?
•Did one party lack an opportunity to ask question about the contract?
•Was there a disparity of bargaining power between the parties?
Exists when a contract, or one of its terms, is oppressive or overly harsh.
2)Factors that Courts Consider
•Does a provision deprive one party of the benefits of the agreement?
•Does a provision leave one party without a remedy for nonperformance by the other?
Which of the following would NOT be considered an exculpatory clause that a court would hold was contrary to public policy and therefore unenforceable?
a. Exculpatory clauses found in rental agreements for commercial property.
b. Exculpatory clauses in residential property leases.
c. Exculpatory clauses in contracts with employees
d. Exculpatory clauses in bungee jumping contracts
In most illegal contracts, both parties are considered to be _ Fill In _ at fault.
The courts are not concerned if one party to an illegal contract is unjustly _ Fill In _ at the expense of the other.
A plaintiff who suffers a loss because of an illegal bargain will presumably be _ Fill In _ from entering into similar illegal bargains in the future.
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