GOVT 470 Test 2
- Which of the following states that parties to a written contract may not introduce oral evidence to change written terms?
- The majority of states impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons. The acts imposing this liability are called acts.
- Which of the following is an example of a tortious act in the scope of employment?
- Which of the following defenses used in the case of strict product liability states that the product met the prevailing industry standards at the time of its manufacture?
- John rents a movie from Video Rental Co. but instead of returning it he lends it to Sam whose case the movie is destroyed. What tort did John commit?
- Which of the following terms represents the legal responsibility for injury-causing behavior that is neither intentional nor negligent?
- In a negligence suit, a plaintiff must prove that:
- A contains a specific promise and specific demand.
- The doctrine of part performance creates an exception to the requirement that sales of interests in land must be in writing.
- A libel is used to recover damages as a result of transitory statements.
- Snow Crystals Inc., a leading skate park construction company, had constructed a skate park with a charter in the state of Alaska. A few years later, when the state authority sanctioned the Nightingale Bridge Company to build a bridge that would use the land where the skate park was already constructed, the proprietors of Snow Crystals claimed that the state authority had broken its agreement with Snow Crystals, and thus the contract had been violated. The owners claimed that the charter had implied exclusive rights to Snow Crystal, Inc. Which of the following should be applied to enable Snow Crystals Inc. avail justice?
- The creates the Congress, the presidency and vice presidency, and the Supreme Court of the United States.
- A gift is made through will. The rules of such a gift pass ownership not by delivery but upon the death of the donor and the proving of a valid will that specifies the gift.
- Which of the following is true of a waiver?
- A fee simple absolute represents restricted, limited ownership of personal property.
- Damages are awarded by the court to the plaintiff for a breach of contract which causes no financial injury to the plaintiff
- Easements by prescription pertain only to land around hospitals.
- Danny has give pit bull dogs. They bark constantly and terrify the neighbor, Terry. When Terry tries to sell his house, no one will even look at it for fear of the dogs. If Terry takes Danny to court, what should he claim that Danny has established.
- Which of the following terms represents the proposition that those engaged in an activity causing negligence are legally liable only for the foreseeable risk that they cause?
- The courts enforce the concept of to remedy situations of unjust enrichment.
- A lien arises when someone contributes materials and/or services to real estate, usually a building, and is not paid.
- Kylie hosts a party inviting her best friend Minnie as well. Minne aware that Kylie has a pet dog, and is also friendly with it. However, during the party, Kylie’s dogs attacks Minnie, injuring her. Minnie holds Kylie responsible for the attack and files a suit against her. Which of the following defense can Kylie use against the suit?
- Tony’s Carpets wants to charge $9.80 a yard for installing a carpet for Serenity Bookstore, but accidentally stakes $8.90 a yard in the bid. Serenity bookstore accepts Tony’s bid. Tony’s carpets made a mistake.
- Which of the following is true of punitive damages?
- A contract is an agreement when one party has the right to withdraw from the promise made without incurring any legal liability.
- Which of the following is true of the doctrine of respondeat superior?
- The test is used if the classification involves either a suspect class or a fundamental constitutional right.
- A valuable object given by a debtor to a creditor to secure a loan is referred to as the
- A conflict exists between a state law and a federal law if the state statute would prevent or interfere with the accomplishment and execution of the objectives of Congress.
- Which of the following involves an intentional misstatement of a material fact that induces one to rely justifiably to his or her injury?
- An easement:
- The negligence of professionals is called
- The Second Amendment consists of the
- Which of the following is an example of wilful and wanton negligence
- If a debtor overpays a creditor $5,000, the debtor can force the creditor to return that amount by suing under quasi-contract.
- Which of the following is an exception to the parol evidence rule?
- A purchase money security interest creates a perfected interest without the need to put a document on public record.
- A contract is one that appears to be an agreement but lacks an essential requirement for validity and enforceability.
- Polly secured a good grade with a 4 GPA in her admission test. However, she was denied admission by a management school. Hence, she filed a suit that the school had discriminated against her on the basis of race; that she was rejected because the school used race as an important factor, giving applicants belonging to minority groups a greater chance of admission than students with similar credentials from disfavoured racial groups. Which of the following approaches should be applied to solve Polly’s case?
- Quasi-scrutiny tests are made on cases involving classifications based o
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