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anyone who sells or otherwise places into the stream of commerce a product in a defective condition which is unreasonably dangerous to any user is subject to liability for harm caused by that product under a theory of negligent tort

false

persons who raise or harbor wild animals owe a duty to the public to contain the animals in a safe and secure environment

true

in the event a person is convicted of a criminal offense, that individual may be punished by being required to serve time on house arrest or on road crew

true

the person who has been victimized by a violent crime may apply to the tippecanoe county prosecuting office to recover compensation such as medical expense and loss of wages

false

in order to qualify for jury duty, a person must at least be a united states citizen, 18 years old or older, and a resident of the county where they intend to serve

true

in indiana, there are no longer exemptions for individuals to be excused from jury duty

true

a subpoena is a notice to an individua that they have been sued in a civil case

false

a summons may actually be served upon an individual by leaving the copy of the summons on the person's door provided the sheriff also mails the summons by ordinary mail to the persons address

true

i order to comply with a final order garnishment, an employer will be ordered to withhold from an employee's wages 25% of that employee's disposable earnings for the week

false

a judgement defendant may exempt up to $300.00 of money, which is maintained and held in a retirement/pension account

false

a judgement defendant may exempt up to $15,000.00 for his interest in his family residence

true

a creditor may initiate a proceeding called a "pro supp" in an effort to obtain information from the judgement defendant as to income and property subject to execution

true

an employee may be discharged for just cause if the employee has damaged the employer's property or refuses to obey instructions

true

a person who appears in front of an administrative agency has a right to a hearing before an impartial hearing officer

true

a person, who has been arrested, has a constitutional right to make a voluntary statement that will be used against that person regardless of whether or not they have been advised of their miranda rights

true

a storeowner who has probable cause to believe a theft has occurred may take certain action against the alleged thief, which may include conducting a search of that person

true

a person has the right to use whatever force is reasonably necessary including deadly force to protect their person and property from a criminal act

false

a person who has been arrested may post a bond by cash, surety or real estate

true

it is possible to expunge or erase a person's arrest record if the person has been arrested, but no criminal charges were filed

true

it is possible to expunge or erase a persons arrest record if criminal charges have been filed against the individual, but the person has been found not guilty at a trial

false

intentional, negligent, and strict liability torts all contain the essential elements of duty, breach and damage

true

defamation of character is an example of an intentional tort

true

the injury suffered by a person from an intentional tort must be such that the injury was proximately caused by the act of the defendant and the injury must have been foreseeable

false

the indiana tort claims act requires the state of indiana to be given notice within 90 days of the incident of a persons intent to hold the state liable

false

comparative fault means that if the plaintiff has any share of fault in the incident, the plaintiff will fail to recover any money from the defendant

false

federal law will bar state action only when there is a federal law regulating the particular subject

false

changes to the constitution have been brought about by interpretation, amendment and practice

true

administrative agencies are, in effect, a fourth branch of government

true

once a lawsuit is commenced, the case must got to the jury

false

generally, the prevailing party in a lawsuit will be awarded the costs of the action, including witness fees and jury fees

true

crimes and criminal punishment guidelines are specified in detailed criminal codes and statutes

true

the criminal law of all states is the same because all states have adopted a uniform criminal code

false

RICO was designed to primarily to prevent individuals involved in organized crime from investing money obtained through racketeering in legitimate business

true

extortion and blackmail are exactly the same

false

larceny is best defined as the taking of personal property from the presence of the victim by the use of force or fear

false

civil (non-criminal) wrongs, including breaches of contract, are governed by tort law

false

for tort liability to be imposed, the perpetrator of the tort must have acted with the intent to do wrong

false

motive is an essential element of tort liability

false

the concept of strict liability is applied without regard to whether the defendant was at fault

true

libel is the printed equivalent of the spoken form of defamation known as slander

true

today, the widest range of tort liability arises in the field of negligence

true

when the lawsuit is based on negligence, the defendant has the burden of proving himself/herself free of negligence

false

sources of american law include:

-State constitutions
-statutes enacted by state
legislatures
-court decisions

statutory law is created by:

-congress
-state legislatures
-local government

a deposition:

-is the testimony of a witness taken under oath
-is conducted outside the courtroom
-can be used to impeach a witness

original jurisdiction courts are generally what type of courts?

Trial courts

Which of the following is not protected under the privileges and immunities clause?

right to go to another state and vote in local elections

the federal government may impose regulations on business:

to advance the nation's economic needs

Which of the following is generally considered a felony?

robbery

Torts arise from a violation of a __________ duty?

Private

for an express contract to be valid and enforceable, it must be made and signed by both offeror and offeree

false

quasi contract is one in which there has been no agreement between the parties; however, any recovery for which the court may award is based upon the unjust enrichment to the receiving party and not the loss that the plaintiff suffered

true

george contracted to sell his car to phil. phil paid george and george signed over the title and phil took possession of the car. this would be called an executed contract

true

in proving that there was a valid consideration and a bargained for exchange, it is necessary to show that benefits of roughly equal value were exchanged

false

an unconscionable contract is any contract which was signed when one of the parties was not conscious of what was going on

false

any contract induced by fraud is illegal, thus, void from its inception

false

If a person has purchased a vehicle subject to indiana's lemon law and if the dealer is unable to correct the nonconformity, the owner's only recourse would be to ask to have returned the money that was paid

false

if a person has a motor vehicle subject to indiana's lemon law, that person may recover from the dealer or manufacturer monies that were paid in finance charges or exercise taxes

true

uniform commercial code 2-302, in part, states that the court may declare a clause or contract unconscionable an rule that the contract or clause is unenforceable

true

the mailing of unordered merchandise constitutes unfair method of competition and an unfair trade practice and, accordingly, the recipient of the unordered merchandise may treat the item as a gift

true

one requirement of a valid contract is that the parties must have the legal capacity to enter into such a contract

true

a contract, by definition, means the legal obligation, which is created by the agreement and not the agreement itself

true

the mailbox rule for offers indicate that offers are effective when they have been placed in the mail

false

a chapter 13 bankruptcy proceeding is more commonly known as a wage earners plan whereby the debtor pays some money to the creditors

true

statute of frauds does govern the formation of a contract and has nothing to do with the enforceability of the contract

false

the indiana lemon law covers conditions that are known as non-conformities, which mean a condition or defect that substantially impairs the use, market value or safety of a car

true

a minor is liable for his torts

true

in order to successfully prosecute and prove a fraud case, a person must prove that there was a misrepresentation of a material fact, knowing that the fact was false, with the intent to deceive, reasonable reliance by the other party and damage to the defrauded party

true

an employment contract which contains a covenant not to compete will be enforceable if the contract prohibits certain activities for a reasonable period of time

false

a tenant who makes an assignment of their lease will no longer be responsible to the landlord for the payment of the balance of the lease, assuming other tenants have agreed to pay the rent

false

a home improvement contract, by definition, means an agreement, oral or written, between a home improvement supplier and a consumer to make a home improvement and for which the contract price exceeds $150.00

true

one minimum element of a home improvement contract is that the contract must contain a reasonably detailed description of the proposed home improvements

true

one minimum element of a home improvement contract is that the contract must be in writing in order to comply with the statute

true

a home improvement contractor who violates the home improvement statue commits an illegal act and is liable to the consumer because of such a crime

false

attorney fees are only recoverable by a litigant if a statute permits or if a contract allows such a recovery

true

factual incapacity is imposed because of the class or group to which a person belongs

false

negotiable instruments are examples of formal contracts

true

contractual intention is determined by objective standards

true

an agreement is illegal when either its formation or performance is a crime or tort, or its contrary to public policy

true

a signed letter from an employer setting forth details of an oral contract of employment satisfies the statute of frauds

true

unless a contract so provides, time is ordinarily not of the essence, and performance within a reasonable time is sufficient

true

when one party breaks the contract, the contract is said to be breached

true

contract provisions that limit the remedies of the parties are generally unenforceable

false

for the parties to enter into an accord and satisfaction that discharges the original obligation, there must be a bona fide dispute

true

a contact provision requiring that suit be brought within one year does not violate public policy, although the statute of limitations would allow two years in the absence of such a contract limitation

true

the seller of a painting is not bound by the sales contract if the painting purchased was considered of little value and only later discovered to be valuable in surprise to both the buyer and seller

true

as a general rule, the nondisclosure of information that is not asked for does not impose fraud liability or impair the validity of a contract

true

the rule of mitigation of damages requires that a party injured by a breach of contract must:

take reasonable steps to reduce the damages that would otherwise be sustained because of the breach

which is not a correct statement considering the rescission of a contract?

the contract remains in effect after the recission

if a liquidated damages clause demands an unusually large sum that is not related to reasonable-anticipated actual damages, the clause will be held to void as a:

Penalty

when a second contract is made between parties:

the intent of the parties will control the legal effect of the agreement

the parties may decide that their contract is not what they want. they may then replace it with another contract. if they do, the original contract is discharged by ___________?

substitution

the death or disability of a party to a contract discharges the contract when:

personal services requiring a particular skill are involved

an agreement is not binding when:

both parties make a mistake regarding material fact

jack sells jim a used car that jack falsely described as having been driven only 12,000 miles. Fraud has occurred if:

Jim relied upon jack's statement

the key time for determining whether a party lacked contractual capacity is:

the time the contract was made

an executory contract is:

entered into but not fully performed

in general, acceptance occurs when:

a clear expression of the offeree's agreement to be bound by the terms of the offer occurs

which of the following is not illegal?

a "giveaway" to every 10th person entering a department store

a right of _______ refusal is the right of a party to meet the terms of a proposed contract before it is executed, such as a real estate purchase agreement

first

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