Name:______Test 2Date:______
Chapter 7
1)Ann commits an act that endangers Bob. Carol and Dick see the danger. Carol tries to help Bob and is injured. Dick watches and does nothing. Can Ann be held liable for Carol’s injury? Can Dick be held liable for not trying to help Bob?
2)An Iowa state statute requires amusement parks to maintain equipment in specific condition for the protection of patrons. Jack’s Fun Park fails to maintain its equipment. Kay, a patron, is injured. Jack’s has committed
a. a dram shop act.
b. contributory negligence.
c. negligence per se.
d. res ipsa loquitur.
3)Ace Earth Movers, Inc., uses dynamite to prepare land for highway projects. Strict liability is imposed on this activity because
a.Ace is a corporation.
b.the activity is inherently negligent.
c.the activity is of a dangerous nature.
d.the government pays for highway construction.
4)Will enters the Xtreme Decathlon, an athletic competition. Regarding the risk of injury, Will assumes
- all of the risks associated with the event.
- only the risks different from those normally associated with the event.
c. only the risks greater than those normally associated with the event.
d. only the risks normally associated with the event.
5)In an emergency situation, Lori renders aid to Mike, who needs help. Mike would most likely be prohibited from suing Lori for negligence under
a.any circumstances.
b.a Good Samaritan statute.
c.a social host statute.
d.no circumstances.
Chapter 8
6)Max plots a new Batman adventure and carefully and skillfully imitates the art of DC Comics to create an authentic-looking Batman comic. Max is not affiliated with the owners of the copyright to Batman. Can Max publish the comic without infringing on the owners’ copyright?
Chapter 9 - True /false
7)The prosecution in a criminal case need only establish by a preponderance of the evidence that the defendant committed the crime.
8)Only public officials prosecute criminal defendants.
9)Criminal liability does not depend on a specific state of mind or intent.
10) If a person does not know that he or she is taking the property of someone else, the person cannot be convicted of theft.
11)Counterfeiting constitutes forgery.
Chapter 10
12)A-One Pavers, Inc., contracts with Best Building Corporation to repave Best’s parking lot.The elements of a contract do not include
a.consideration.
b.contractual capacity.
c.legality.
d.practicality.
13)Bob claims that Carol breached their contract. Carol responds that she never intended to enter into a contract with Bob. The intent to enter into a contract is determined with reference to
a.the conscious theory of contracts.
b.the objective theory of contracts.
c.the personal theory of contracts.
d.the subjective theory of contracts.
14)Laura and Mike enter into what Laura later claims is a contract. In deciding whether a valid contract was formed, a court will not look at
a.the circumstances surrounding the alleged contract.
b.the parties’ conduct at the time of the alleged contract.
c.the parties’ statements at the time of the alleged contract.
d.the parties’ subjective beliefs at the time of the alleged contract.
15)Mona asserts that a contract she entered into with Nate is unenforceable. Defenses to the enforcement of a contract include
a.a desire not to perform.
b.adverse economic consequences.
c.results that do not match expectations.
d.the lack of a party’s genuine assent.
16)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
Chapter 11 True/ False
17)The death of a party to a contract will always result in the automatic termination of that contract.
18)To exercise the power of acceptance, an offeree must accept unequivocally.
19)Under the mailbox rule, an acceptance can be valid as soon as it is sent.
20)In most states, revocation is not effective until the offeree receives it.
21) If an acceptance of an offer is received after the offer has been rejected, there is no contract.