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GBL 323 > Exam 2 - Review Q's > Flashcards

Exam 2 - Review Q's Flashcards

1
Q

The primary goals of tort law are described by all of the following EXCEPT for:

a) Compensating innocent persons who are injured as a result of another’s wrongful or negligent conduct
b) Incarcerating offenders to prevent them from committing future offenses
c) Deterring future wrongs
d) Discouraging private retaliation by injured persons and their relatives
e) none of the above

A

b) Incarcerating offenders to prevent them from committing future offenses

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2
Q

The public disclosure of private facts about a person is not an invasion of privacy if it is done without the person’s knowledge or consent. T/F

A

False

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3
Q

A failure to return personal property is conversion even if the rightful owner consented to the initial taking. T/F

A

True

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4
Q

The definition of compensatory damages includes all of the following EXCEPT for:

a) Medical bills
b) Pain and suffering
c) Lost wages
d) Attorney’s fees

A

d) Lost wages

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5
Q

The amount of punitive damages imposed on a defendant will be calculated based on:

a) The “deep pockets” of the Plaintiff
b) Amount of the plaintiff’s lost wages
c) Reprehensible nature of the defendant’s wrongful conduct and the amount of compensatory damages awarded
d) Attorney’s fees paid by the plaintiff
e) the state’s statute

A

c) Reprehensible nature of the defendant’s wrongful conduct and the amount of compensatory damages awarded

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6
Q

A strict liability tort is one involving which of the following?a) Careless action that results in harm

b) Purposeful action that results in harm
c) Activity that is so inherently dangerous that no degree of due care can make it safe
d) All of the above would describe a strict liability tort
e) none of the above

A

c) Activity that is so inherently dangerous that no degree of due care can make it safe

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7
Q

Hercules, larger and stronger than Joe, threatens to hit Joe. Joe files a suit against Hercules for assault and battery. Joe will most likely recover for:

A

assault but not battery

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8
Q

Peggy distributes a letter among her neighbors accusing one of them, Hank, of being a convicted pedophile. The statement is defamatory only if:

A

the statement is true

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9
Q

The elements to prove in a negligence case are all of the following EXCEPT for:

a) The defendant willfully caused harm to the plaintiff
b) The defendant owed a duty of care to the plaintiff
c) The defendant breach the duty owed to the plaintiff
d) The plaintiff suffered damages because of the defendant’s breach of duty of care
e) Plaintiff’s injuries were foreseeable

A

a) The defendant willfully caused harm to the plaintiff

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10
Q

Negligence per se requires which of the following?

a) Emotional distress
b) Negligent entrustment
c) False light
d) Violation of a statute
e) Intent for breach of duty

A

d) Violation of a statute

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11
Q

Jane backs out of a restaurant parking lot colliding with Cody’s car. Cody may recover damages to cover the cost of his car repairs if Jane failed to act as:

a) a strict person
b) a reasonable person
c) a reliable person
d) a flawless person
e) a careful driver

A

b) a reasonable person

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12
Q

Which of the following is a defense to a negligence claim?a) Negligence per se

b) Self defense
c) Strict negligence
d) Assumption of the risk
e) Res Ipsa Loquitor

A

d) Assumption of the risk

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13
Q

Product misuse can be raised as a defense in a strict liability case. T/F

A

True

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14
Q

Negligence is one theory used by plaintiffs in product liability lawsuits. T/F

A

True

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15
Q

One requirement for a product liability suit based on strict liability is a failure to exercise reasonable care. T/F

A

False

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16
Q

General Electric Inc and Paul enter into a contract for a sale of kitchen appliances. GE is a merchant who deals in goods of the kind sold, and notes that its goods come with an implied warranty of merchantability. Under the UCC, this means that the goods are reasonably:

a) fit for the buyer’s particular purpose or use
b) fit for the ordinary purpose for which such goods are used
c) suitable for resale at a higher price
d) the best appliances for the value
e) none of the above

A

b) fit for the ordinary purpose for which such goods are used

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17
Q

Industrial Machines Inc. makes factory machinery. Hogan, a factory manager, discovers that the Industrial Machines equipment delivered to his factory is defective and sues the maker for product liability based on negligence. To win, Hogan must show that:

a) Farm Equip sold the tractor to Gail
b) Gail knew and appreciated the risk caused by the defect
c) Hogan suffered an injury caused by the defect
d) the “defect” was a commonly known danger
e) all of the above

A

c) Hogan suffered an injury caused by the defect

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18
Q

Which of the following statements is true regarding the application of strict liability for services?

a) Strict liability is rarely applied to services
b) Strict liability is imposed only when the plaintiff’s actions are grossly negligent
c) Strict liability is imposed only when the plaintiff suffered personal injury as well as property damage
d) Strict liability is imposed only when the defendant’s actions are willful
e) Strict liability is always applied to services

A

a) Strict liability is rarely applied to services

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19
Q

To meet the standard of merchantability under the UCC, goods must comply with all of the following EXCEPT for:

a) Be of fair quality within the contract description
b) Pass without objection in the trade under the contract description
c) Conform to any promises made on the product label
d) Include a warning to all obvious defects
e) Include a warning only for known defects

A

d) Include a warning to all obvious defects

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20
Q

Merchants are required to warrant that the goods they sell are fit for their ordinary purpose. T/F

A

True

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21
Q

Great Outdoors Inc., makes camping equipment. Under products liability, Great Outdoors Inc could be liable for a warning defect if there is a foreseeable risk of harm posed by one of its products and:

a) the omission of a warning renders the product not reasonable safe
b) there is a reasonable alternative design
c) there is a lack of care in making the product
d) none of the above
e) all of the above

A

a) the omission of a warning renders the product not reasonably safe

22
Q

All of the following are express warranties EXCEPT for which one?

a) Seller’s written or oral description of a product
b) Seller’s promise or affirmation of fact about a product
c) Purchaser’s expectation that the product is merchantable
d) Sample of model of the product
e) none of the above

A

c) Purchaser’s expectation that the product is merchantable

23
Q

A manufacturer’s liability to an injured party on a strict liability theory is limited to refund or replacement of the defective product. T/F

A

False

24
Q

Which of the following BEST describes business ethics?

a) Understanding that justice is more important than ethics
b) Understanding that in business, the law more important than freedom to choose
c) The study of Business Law
d) The study of what is good and bad business conduct
e) All of the above

A

d) the study of what is good and bad business conduct

25
Q

Ethical codes of conduct can set the ethical tone of a firm. T/F

A

True

26
Q

In deciding issues of corporate social responsibility, Water and Soil Inc. should be concerned with the following questions:

a) Does the corporation owe any ethical duty to society?
b) How can the corporation fulfill its ethical duty to society?c) What is the effect on corporate profits of ignoring any ethical duty to society?
d) All of the above
e) None of the above

A

d) All of the above

27
Q

According to utilitarianism, an action that affects the majority adversely is morally wrong. T/F

A

True

28
Q

Consequential theories look at which of the following?

a) Whether the desired results were achieved
b) Whether the corporate directors acted selfishly
c) Whether ethical methods were used
d) Whether the goals justified the means

A

a) Whether the desired results were achieved

29
Q

Deidera thinks it would ethically wrong for Seledon Corporation to underpay an employee. She reasons that Seledon Corporation would not want its employees to begin cheating the company. Deidera’s beliefts are aligned with which of the following theories of ethical thought?

a) Consequential
b) Utilitarianism
c) Humanism
d) Deontology

A

d) Deontology

30
Q

The Sabanes Oxley Act of 2002 requires that companies disclose:

a) whether they have a written code of ethics that applies to their executive and financial officers.
b) any waivers of the code of ethics for these individuals
c) any changes to the code of ethics
d) If companies do not have a code of ethics, they must explain why they have not adopted one
e) All of the above

A

e) All of the above

31
Q

Which of the following is an example of a “fixture”?

a) A portable television set left behind by the tenant
b) A built-in microwave oven installed by the tenant
c) Clothing left behind by the tenant
d) The backyard of a residential lot

A

b) A built-in microwave oven installed by then tenant

32
Q

Which of the following is true about a leasehold?

a) It is a possessory, not an ownership interest.
b) It is an ownership, not a possessory interest
c) The lessee has less rights than does the holder of a future interest
d) The lessee has more rights than does the holder of an easement

A

a) It is a possessory, not an ownership interest

33
Q

Baker owns a life estate in Greenacres Farm. On Baker’s death, fee simple absolute ownership of the land will pass to Betty. Betty has which of the following?

a) A future interest
b) A leasehold
c) An easement
d) A life estate

A

a) A future interest

34
Q

Which of the following cases best describes an easement by prescription?

a) Wally leases a barn to a friend for the purpose of storing furniture
b) Amps Power Company enters into a written agreement with Wally to install power lines in Wally’s front yard
c) The state take’s Wally’s property by eminent domain
d) A neighbor openly uses Wally’s backyard as a short cut to a park a few times per week for thirty years

A

d) A neighbor openly uses Wally’s backyard as a short cut to a park a few times per week for thirty years

35
Q

Shawn’s property is landlocked. The only possible say to the main road is through Ben’s farm. Which of the following property interests would most likely exist?

a. Shawn has a conditional estate to use Ben’s property.
b. Shawn has an easement by necessity to use Ben’s property.
c. Shawn has an easement by prescription to use Ben’s property.
d. Shawn has a leasehold interest in Ben’s property.
e. Shawn has a possessory interest by adverse possession.

A

b) Shawn has an easement by necessity to use Ben’s property

36
Q

Grace has a temporary right to enter a business for the purpose of purchasing goods or services. Which of the following property rights does Grace have?

a) Present estate
b) Leasehold
c) License
d) Easement
e) Future estate

A

c) License

37
Q

Which of the following is the most common form of co-ownership?

a) Tenancy in common
b) Joint tenancy
c) Leasehold
d) Cooperative
e) Condominium

A

a) Tenancy in common

38
Q

Gifts are different from purchases in that:

a) there is no consideration for a gift
b) gifts involve private property, purchases involve public property
c) gifts involve personal property, purchases involve real property
d) a purchase requires delivery and acceptance

A

a) there is no consideration for a gift

39
Q

Which of the following is an example of a bailment?

a) Mary sells her guitar to Paul
b) Mary leaves her guitar with Paul for the afternoon to try it out
c) Mary gives her guitar to Paul
d) Mary writes in her will that her guitar should go to Paul upon her passing

A

b) Mary leaves her guitar with Paul for the afternoon

40
Q

Which of the following could Gerry protect by trademark law?

a) A short story hand-written by Gerry
b) A logo used to identify Gerry’s business
c) The product formula Gerry uses to manufacture his famous iced tea
d) The bottling machine Gerry purchased from a friend

A

b) A logo used to identify Gerry’s business

41
Q

Which of the following could Liz protect using trade secret law?

a) A short story written by Liz on her typewriter
b) A logo used to identify Liz’s business
c) The product formula Liz uses to manufacture her famous energy drink
d) The bottling machine Liz purchased from a friend

A

c) The product formula Liz uses to manufacture her famous energy drink

42
Q

When a joint tenant passes away, the property of that tenant is divided among the other joint tenants. T/F

A

True

43
Q

Upon the death of a tenant by the entirety, the property of that tenant goes to the surviving spouse. T/F

A

True

44
Q

A finder acquires title to lost property good against the whole world, including the original owner. T/F

A

False

45
Q

Under the covenant of quiet enjoyment, a landlord promises that a tenant will not be disturbed in the possession of the premises. T/F

A

True

46
Q

Negligence per se requires what?

A

A violation of a statute

47
Q

All personal property is tangible. T/F

A

False

48
Q

An intentional tort involves what?

A

A purposeful action that results in harm

49
Q

Groupthink often arises from a need to satisfy which common ethical norm?

A

Security

50
Q

Ethical codes differ from statutes because there is no punishment that occurs when an ethical code is violated. T/F

A

False

51
Q

Fran hides Gary’s book the week before finals. Fran is liable for:

A

Trespass to chattel

GBL 323 (11 decks)

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