BLAW FINAL NOTES 2
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Duquesne University *
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Subject
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Feb 20, 2024
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QUIZ 5 - EXAM 1
1.
A statute enacted by the New York state legislature to regulate trucking affects interstate
commerce. In evaluating this statute, the courts will balance the burden that it imposes
on interstate commerce against
a.
The statute’s impact on noneconomic activity
b.
The court’s authority to determine that a law is unconstitutional
c.
The purpose of interstate commerce
d.
The state’s merits and purposes in regulating the matter
2.
Congress enacts a law prohibiting cars made in Japan from being sold in the United
States. The New York state legislature enacts a law allowing the sale of Japanese made
cars. New York’s law will most likely be
a.
Rendered invalid under the supremacy clause
b.
Held to be valid under the equal protection clause
c.
Upheld under the commerce clause
d.
Struck down under the taxing and spending clause
3.
Big Dogs, Inc., regularly advertises its products. Under the First Amendment, in
comparison with noncommercial speech that is protected, the protection given these ads
is
a.
More extensive
b.
Less extensive
c.
Non-existent
d.
Equally extensive
4.
Alabama enacts a law requiring all businesses in teh state to donate 10 percent of their
profits to Protestant churches that provide certain services to persons whose income is
below the poverty level. Go-Lo Mart files a suit to block the law’s enforcement. The court
would likely hold that this law violates
a.
No clause in the U.S. Constitution
b.
The supremacy clause
c.
The free exercise clause
d.
The establishment clause
e.
Both B and C
5.
ABC Org, a political organization, files a claim to challenge a Delaware statute that limits
the liberty of all persons to broadcast “annoying” radio commercials. This claim is most
likely based on the right to
a.
Substantive due process
b.
Privacy
c.
Equal protection of the law
d.
Procedural due process
QUIZ 7 - TORTS
1.
Which of the following is true of a gift promise?
a.
A completed gift promise cannot be cancelled for lack of consideration
b.
A gift promise can be enforced by a court of law
c.
A gift promise contains mutual consideration
d.
The promisee can take legal action if the promisor does not fulfill the gift promise
2.
Owen announces that he plans to sell his business, Payroll Service Company (PSC), at
a price below its market value. Quality Bookkeeping, Inc., gives Owen a check for the
stated amount. Owen
a.
Is bound to sell PSC to Quality Bookkeeping
b.
May refuse to accept the check, because he only expressed an intent to do
something in the future
c.
May refuse to accept the check, because he only expressed an opinion as to the
worth of the business
d.
May refuse to accept the check, because he only expressed a willingness to
discuss a possibility of entering into a contract
3.
Ed advertises a reward for the return of his lost dog. Flo, who does not know of the
reward, finds and returns the dog. Flo cannot recover the reward because she
a.
Did not confer a benefit on Ed by returning the dog
b.
Does not need the money
c.
Returned the dog
d.
Did not know of the reward when she found and returned the dog
4.
A contract that has been fully performed by one party but not by the other party is a(n)
_______ contract.
a.
Executory
b.
Void
c.
Executed
d.
Voidable
5.
A counteroffer is treated as both a revocation and a new offer.
a.
True
b.
False
6.
Which of the following is true in a unilateral contract?
a.
The offeror requests an act as acceptance of his offer
b.
The offeror cannot revoke the offer once the offeree has begun performance or
has substantially completed performance
c.
The offeror will treat either a promise to perform or the actual performance of the
act as acceptance of his offer
d.
The offeror requests an act as acceptance of his offer and the offeror
cannot revoke the offer once the offeree has begun performance or has
substantially completed performance
e.
The offeror cannot revoke the offer once the offeree has begun performance or
has substantially completed performance and the offeror will treat either a
promise to perform or the actual performance of the act as acceptance of his
offer
7.
Which of the following could be a form of consideration?
a.
A promise to perform a service in the future
b.
Payment of cash
c.
Actual performance of a service
d.
B and C only
e.
A, B, and C
8.
Jean says to Joan, “If you’ll promise to feed my dog each day while I am out of town next
week, I’ll pay you $100.” Joan replies, “I’ll absolutely do that. I hope you have a nice trip”.
Joan then feeds the dog, after which Jean pays her. At what point did a contract come
into existence?
a.
When Jean made the offer to Joan
b.
When Joan said that she would feed Jean’s dog
c.
When Joan started feeding Jean’s dog
d.
When Joan completed the final feeding of Jean’s dog
e.
When Jean paid the $100 to Joan
9.
Wilma tells Sidney that she will buy his house from him. Before any paperwork is signed,
Sidney backs out of the deal. Wilma sues Sidney for breach of contract. What is Sidney’s
best defense?
a.
The contract is void
b.
The contract is voidable
c.
The contract is unenforceable
d.
The contract is illegal
10. The reasonable person standard is used to decide whether an express contract exists
under the:
a.
Quasi-contract rules
b.
Objective theory of contracts
c.
Standard offer requirements
d.
Contract existence standard guidelines
e.
Nondisclosure rules
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QUIZ 8
1.
An elderly woman was having a difficult time climbing the steps on to a Greyhound Bus
at the Greyhound Bus station in Seattle. Sam, the bus driver, got off the bus and started
pushing the woman up the bus's steps in an effort to help her. As the driver pushed her
up the steps, the woman dropped a large bag containing an oxygen device that the
woman used when she had trouble breathing. An oxygen canister rolled away from the
bus, and another bus ran over the canister. The canister exploded, causing the large bus
tire that had crushed the canister to explode also. Some of the rubber from the exploding
bus tire hit and severely injured Jim Stevenson, who was boarding another bus about
twenty yards away. If Stevenson sues Greyhound for negligence, he will probably
a.
Lose, because Greyhond did not set in motion the events that led to his injury
b.
Win, because Sam’s pushing the elderly woman onto the bus was negligent
c.
Lose, because Stevenson’s injury was not a reasonable foreseeable
consequence of Sam’s conduct
d.
Win, because Sam’s conduct was the proximate cause of Stevenson’s injury
2.
Ira is injured when he slips and falls in Jolly Breakfast Cafe. Ira files a suit against Jolly
for $50,000. If Ira is 20% at fault and Jolly is 80%, under a contributory negligence
doctrine, Ira would recover
a.
$0
b.
$25,000
c.
$40,000
d.
$50,000
3.
A state statute requires machinery in food processing plants to include automatic shut-off
switches accessible to each employee working on the machine. Fruit Company’s (FC’s)
equipment does not have the switches. Greg, an FC employee, suffers an injury that an
accessible shut-off switch would have prevented. Greg’s best ground for recovery is that
FC committed
a.
A dram shop act
b.
A violation of the “danger invites rescue” doctrine
c.
Negligence per se
d.
Res ipsa loquitur
4.
Ann believes that Burt is about to hit her. To prevent harmful contact in this situation, Ann
may use
a.
Any force
b.
Any force, except that is likely to cause death
c.
Force that is reasonably necessary
d.
No force
5.
As a joke, Adam takes Beth’s business law book and hides it so that Beth cannot find it
during the week before the exam. Adam may have committed
a.
Appropriation
b.
Conversion
c.
Intentional infliction of emotional distress
d.
Trespass to personal property
6.
Joe, a salesperson for ABC Corporation, causes a car accident while on business. Joe
and ABC Corp are liable to
a.
All those who were injured
b.
Only those who were uninsured
c.
Only those whose injuries could have been reasonably foreseen
d.
Only those with whom Joe was doing business
7.
Alice, an engineer, supervises the construction of a new house. When the house
collapses due to faulty construction, the injured parties Sue Alice. As a professional,
Alice is held to the same standard of care as
a.
Ordinary persons
b.
Other engineers
c.
Other professionals, including accountants, attorneys, and physicians
d.
The injured parties
8.
A city ordinance required landlords to install smoke detectors in all apartments. Martha,
a landlord, did not install smoke detectors in his apartments. Ken, a tenant in one of
Martha's apartments, was seriously injured when a fire swept through the building. If Ken
sues Martha for negligence, which of the following doctrines may help his case?
a.
Negligence per se
b.
Good samaritan rule
c.
Firemans rule
d.
Res ipsa loquitor
9.
The plaintiff must establish which of the following types of causation in a negligence
case:
a.
Actual and proximate
b.
Direct and indirect
c.
Actual and direct
d.
Proximate and legal
10. The tort of assault and the tort of battery
a.
Are two names for the same tort
b.
Are strict liability torts
c.
Can occur independently or together
d.
Require proof of each of the separate elements of negligence
e.
Cannot both occur in the same incident
CONTRACTS REVIEW QUESTIONS
1.
Lucy entered into a contract to purchase a rare classic "57" Chevy from Paul's Classic
Autos. Before delivery, Paul received a much higher offer for the car. Consequently, Paul
refused to sell the car to Lucy. If Lucy sues Paul for breach of contract, Lucy may get:
a.
Reformation
b.
Accord and satisfaction
c.
Specific performance
d.
Liquidated damages
2.
Nikki offered to sell her car to Mark for $2,000. Mark said he was not interested. Later,
Mark told Nikki, "I'll accept your offer." Nikki's offer was:
a.
valid when the acceptance was made.
b.
valid as the acceptance was timely.
c.
terminated by the prior rejection.
d.
terminated by the prior revocation.
3.
Implied-in-fact contracts are considered express contracts.
a.
True
b.
False
4.
Beta Corporation and Zeta, Inc., enter into an express contract. Cathy and Tina’s
contract is partially executed and partially executory. Eagle Company’s contract with
First State Bank is voidable. The categories in which these contracts are placed involve
legal distinctions as to
a.
Enforceability only
b.
Formation only
c.
Performance only
d.
Enforceability, formation, and performance
5.
U.S. Brokerage's promise to pay its employees a year-end bonus "if it seems like a good
idea at the time" is:
a.
An enforceable contract
b.
An illusory contract
c.
An unconscionable contract
d.
A unilateral contract
6.
Alpha Corporation promises to pay its employees a year-end bonus “if management
thinks it is warranted”. This is
a.
An enforceable contract
b.
An illusory contract
c.
An unconscionable contract
d.
A unilateral contract
7.
Bill offers to sell his Consumer Service Center business to Dina for $100,000. Dina
replies, “I will buy it for $90,000”. Dina has
a.
Accepted the offer
b.
Made a counteroffer without rejecting the offer
c.
Rejected the offer and made a counteroffer
d.
Rejected the offer without making a counteroffer
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8.
The doctrine of quasi contract applies only if there is an actual contract that covers the
area in controversy.
a.
True
b.
False
9.
Under the objective theory of contracts, the intention to enter into a contract is judged by
outward, objective facts as interpreted by a reasonable person.
a.
True
b.
False
10. An express contract must be in writing.
a.
True
b.
False
11. Bob offers to sell Carol his computer but conditions the sale on Carol accepting the offer
by May 1. Bob may revoke the offer
a.
Before Carol accepts the offer
b.
Before May 1, whether or not Carol has accepted the offer
c.
Only after Carol accepts the offer
d.
Only after May 1
12. Jones offers to sell Flint his bicycle. Before accepting the offer, Flint learns that the
bicycle has been sold to Bond. Jones is
a.
liable to Flint for breach of contract.
b.
not liable, because the sale of the bicycle revokes the offer made to Flint.
c.
not liable, only if he provides an acceptable substitute to Flint.
d.
liable to Bond and Flint for breach of contract.
13. Ann promises to buy a house from Ben, who promises to vacate the property on July 1.
If these promises are not in writing, they are most likely
a.
Enforceable
b.
Unenforceable
c.
Void
d.
Voidable
14. Freida and Gail enter into a bilateral contract, which is created when Freida gives a
promise in exchange for Gail’s
a.
payment of money only.
b.
performance of a particular act only.
c.
promise only.
d.
prudent awareness only.
TORTS REVIEW QUESTIONS
1.
Which of the following is not one of the general categories of torts?
a.
Strict liability.
b.
Quasi.
c.
Negligence.
d.
Intentional.
2.
Under the law, a tort can be described as:
a.
Any violation of an ethical duty
b.
Another term for a crime or misdemeanor
c.
Any action done in violation of a prior agreement that allows the victim to recover
damages
d.
Any civil wrong that allows the injured person to recover damages
3.
Skipped
4.
The doctrine applied when someone intends to cause injury to a certain person, but
instead actually causes that injury to a different person is
a.
Transferred intent
b.
Innocent bystander
c.
Multiple victim
d.
Misplaced consequence
5.
False imprisonment is defined as:
a.
Being held in jail when no formal charges have been filed
b.
The intentional confinement or restraint of another without authority or
justification and without that person’s consent
c.
The holding in prison of one who was convicted of a crime that the person did not
commit
d.
A confinement caused when one accidentally causes another to be confined
without that person’s consent
6.
Under merchant protection statutes:
a.
Reasonable grounds for detainment are necessary only if the period of
detainment is long
b.
The length of detainment is not relevant if there are reasonable grounds for
detainment
c.
Any investigations and the period of detainment must both be reasonable
d.
Merchants do not have a duty to investigate suspected actions of the suspect
becaue this is the duty of the police
7.
Which of the following is true about intentional infliction of emotional distress?
a.
Recovery is allowed any time there is a measurable amount of mental distress
b.
There must be some physical contact with the plaintiff
c.
The defendant’s conduct must go beyond all possible bounds of decency
and be regarded as atrocious and utterly intolerable in a civilized society
d.
The plaintiff must have witnessed severe physical injury to a relative or other
significant person in the plaintiff’s life
8.
Which is true regarding the tort of trespass to land?
a.
A person who enters another's land without permission is liable to the
landowner even if the landowner was not using the land at the time and
there was no damage to the land.
b.
A person cannot be liable for trespass to land if that person was not told, either
directly by the owner or by means of a sign, to stay off
the property.
c.
So long as a person stays away from the portions of land that the owner is
currently using, there can be no trespass to land.
d.
So long as a person originally entered the land of another with the permission of
the owner, there can be no trespass to land even if the non-owner stays beyond
the period of permission granted by the owner.
9.
How does the tort of conversion of personal property differ from trespass to
personal property?
a.
In conversion, the true owner is denied use and enjoyment of the property.
b.
In conversion, the true owner can recover damages for the denial of use of
the property.
c.
In conversion, the tortfeasor treats the property as if it is her own.
d.
In conversion, the plaintiff is entitled to recover punitive damages.
e.
In conversion, the defendant must have published his use of the property to
another.
10. All of the following are required to be proven in a negligence case except:
a.
The defendant owed a duty or care to the plaintiff.
b.
The defendant was aware of the consequences of his actions when they
were done.
c.
The defendant breached the duty of care.
d.
The defendant was an actual cause of the injury to the plaintiff.
e.
The injury was a foreseeable consequence of the defendant's conduct.
11. The best statement of the test applied in determining if a defendant was the proximate
cause of the plaintiff's injuries is:
a.
Was it foreseeable to the plaintiff that the defendant would engage in this
particular conduct?
b.
Given this particular injury to the plaintiff, was it foreseeable that the defendant
was the cause?
c.
Should it have been foreseeable to the defendant that the defendant's
conduct could lead to this kind of injury?
d.
Was the injury foreseeable to the plaintiff prior to the injury's occurrence?
e.
Was it foreseeable to the plaintiff that this kind of injury could occur under the
particular conditions that the injury did occur?
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12. The doctrine that is applied when a defendant violates an existing statute
intended to prevent the injury in question to persons of a class that includes the plaintiff
is:
a.
Negligence per se.
b.
Res ipsa loquitur.
c.
Proximate cause statute.
d.
Concurrent statutory violation.
13. The doctrine that shifts the burden of proof from the plaintiff to the defendant is:
a.
Negligence per se.
b.
Res ipsa loquitur.
c.
Apparent negligence.
d.
Good Samaritan.
14. A dram shop is another name for:
a.
A house of ill repute.
b.
A factory that illegally uses child labor.
c.
A bar or tavern.
d.
A pharmacy.
e.
A seller of second-hand goods.
15. The legal effect of the presence of a superseding event is that:
a.
The defendant is not liable even if the plaintiff has proved all the elements
of negligence
.
b.
The plaintiff and defendant will share liability.
c.
The burden of proof shifts from the plaintiff to the defendant.
d.
Intent must be proven in addition to the elements of negligence.
16. Persons who engage in abnormally dangerous activities:
a.
Are liable only if all the elements of negligence are proven against them.
b.
Are liable only if they intended to cause a particular injury.
c.
Are generally not liable for the injuries they cause because otherwise no one
would undertake these activities.
d.
Are liable to persons they injure even if they are not at fault.
17. Which of the following is true in a products liability case?
a.
The plaintiff must prove the existence of a duty.
b.
The plaintiff must have purchased the product from the defendant.
c.
The plaintiff must prove her case with a preponderance of the evidence.
d.
The plaintiff will lose if she cannot prove proximate causation.
18. A public policy reason for imposing strict product liability on all in the chain of distribution
is:
a.
These parties are able to insure against product liability costs.
b.
These parties should be punished for putting dangerous products on the market.
c.
Consumers should be able to choose dangerous products if they want to.
d.
Negligence was making it too easy for plaintiffs to recover.
BUSINESS ORGANIZATION QUESTIONS
1.
Aretha operates a beauty salon as a sole proprietorship. If a customer is injured while in
her business, the extent of Aretha's potential liability could best be described as:
a.
limited to the assets of the business.
b.
limited to the amount of business insurance she carries.
c.
unlimited, most of her business and personal assets could be taken.
d.
limited by federal law to $100,000.
2.
Carmen and Adelle were accomplished musicians. After a performance at a local
restaurant, they were inundated with requests to play at various functions. Together,
Carmen and Adelle decided where and when they would play. The fees they earned
were equally divided between themselves. When the need for additional equipment
arose, they bought it from the money they earned. Carmen and Adelle did not think
about their music as a business. Which of the following forms of business organization is
their music business?
a.
Franchise
b.
Limited liability partnership
c.
General partnership
d.
Limited proprietorship
3.
Joint liability means:
a.
a partner may be responsible for the entire amount of a judgment.
b.
a partner is liable for only a proportionate share of a judgment.
c.
only partnership assets can be taken to satisfy a claim against the partnership.
d.
None of the above.
4.
Martha, Matt, and Mabel operated Three M Discount Plumbing Supplies as a general
partnership. On July 1, Matt exercised his right to properly withdraw from the
partnership. Which of the following best describes Matt's potential liability to third parties
after his withdrawal?
a.
Matt has no further liability for any partnership obligations.
b.
Matt is liable for past obligations, but is not liable for new obligations if proper
notice is given.
c.
Matt is liable for all partnership liabilities, regardless of when they arise.
d.
Matt's liability is limited to his withdrawal of assets.
5.
Alice, Raul, and Artis form a limited partnership to operate a delivery service. Alice is the
general partner and runs the business. Raul and Artis are limited partners and not
involved in the management of the business. Which statement best describes the
potential liability of the partners?
a.
Alice, Raul, and Artis are personally liable for any partnership debts and
obligations.
b.
Alice, Raul, and Artis are liable to the extent of their capital contributions to the
partnership.
c.
Raul and Artis are liable to the extent of their capital contribution, and Alice has
unlimited liability.
d.
Alice is liable to the extent of her capital contribution, and Raul and Artis have
unlimited
liability.
6.
The UPA:
a.
had a goal to allow each state to have its own form of partnership law.
b.
attempts to codify partnership law.
c.
has been adopted in whole by all the states.
d.
deals with state corporate law.
7.
In a general partnership, if one partner negligently injures someone while doing
partnership business, who may be liable?
a.
The partnership
b.
The partner causing the injury
c.
The partners not involved in the injury
d.
All of the above
8.
Milt, Mort, and Myrna formed MMM, a general partnership, as equal partners. Each
invested $100,000. When the business ended, debts exceed assets by $600,000. Milt
could be liable to creditors for:
a.
$100,000, the amount of his original investment.
b.
the entire $600,000.
c.
$200,000, one-third of the debts.
d.
nothing, unless he was actively involved in the management of the business.
9.
With respect to limited liability companies:
a.
Owners are called stockholders.
b.
Very few states have approved them.
c.
It is taxed as a partnership.
d.
Forming one is similar to forming a partnership.
10.
Kurt, Tanya, and Poltak are members of an LLC. If the LLC fails with unpaid debt, what is
their liability?
a.
The members are personally liable for the unpaid debt.
b.
The members are not personally liable for the unpaid debt beyond their capital
contribution.
c.
The members are jointly liable for the unpaid debt.
d.
The members are proportionately liable for the unpaid debt.
e.
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11.
Directors in a corporation are:
a.
appointed by the shareholders
b.
appointed by the officers
c.
elected by the shareholders.
d.
elected by the officers.
12.
Mabel operates a retail muffler shop. All of her business is conducted in Iowa. If Mabel
wants to incorporate the business, she:
a.
must file for incorporation with the Federal Government.
b.
may file for incorporation in any state.
c.
must file for incorporation in Iowa.
d.
cannot incorporate an existing business.
13.
Arnold, Armand, and Amanda are shareholders in AAA, Inc., a retail greenhouse. All
three shareholders are actively involved in the operation of AAA, Inc. If a customer is
injured at the greenhouse and sues to recover damages against the shareholders
personally, the customer would have to establish that:
a.
the corporation was undercapitalized AND the corporation was not operated as a
separate legal entity.
b.
there was an intentional attempt to conceal assets.
c.
the corporation was undercapitalized OR the corporation was not operated as a
separate legal entity.
d.
the corporation was formed to avoid taxes.
14. Miku and Arnold are interested in starting a catering business. Which of the following is
an advantage to incorporating the business?
a.
The Personal Holding Company Tax
b.
Flexibility in the management structure
c.
Ease of formation
d.
Limited liability
15.
Lavay decided to use corporate form for her business. Cymber, Inc. was chosen as the
business name. An organizational meeting was held and stock certificates were issued.
Articles of incorporation, however, were not filed with the secretary of state. Cymber, Inc.
entered into a contract with Denny. If Cymber fails to perform the contract, which
statement is correct?
a.
Lavay cannot be held liable on the contract because the contract was in
Cymber's name.
b.
Lavay cannot be held liable on the contract because stock certificates were
issued.
c.
Lavay can be held liable because she is the sole shareholder.
d.
Lavay can be held liable because articles of incorporation were not filed.
16.
Officers in a corporation are:
a.
appointed by the shareholders.
b.
appointed by the board of directors.
c.
elected by the shareholders.
d.
elected by the board of directors.
17.
New partners are personally liable for all partnership debts and obligations regardless of
whether the debts and obligations arose before or after they became partners.
a.
True
b.
False
18. All partnership agreements must be in writing to be enforceable.
a.
True
b.
False