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100 terms

exam 1 & 2 review

STUDY
PLAY
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