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Bussiness Law Exam 2

This document defines various concepts in tort law such as negligence, strict liability, assault, battery, false imprisonment, defamation, malicious prosecution, conversion, contributory negligence, comparative negligence, assumption of risk, and remedies available for tort claims. It also discusses alternative dispute resolution methods, the summons and complaint process, motions, summary judgment, voir dire, arbitration, mediation, elements of contract formation, types of contracts, and multiple choice questions testing understanding of tort and contract law concepts.

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100% found this document useful (1 vote)
136 views4 pages

Bussiness Law Exam 2

This document defines various concepts in tort law such as negligence, strict liability, assault, battery, false imprisonment, defamation, malicious prosecution, conversion, contributory negligence, comparative negligence, assumption of risk, and remedies available for tort claims. It also discusses alternative dispute resolution methods, the summons and complaint process, motions, summary judgment, voir dire, arbitration, mediation, elements of contract formation, types of contracts, and multiple choice questions testing understanding of tort and contract law concepts.

Uploaded by

Morely Mejia
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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1. Define Tort Law.

Is a law dealing with private wrongs and affecting individuals rather than society as a whole. It is
only in civil law. The state is not involve.
2. Define Negligence.
Is a breach of legal duty to act carefully, resulting in injury to another or damage to another’s
property.
3. Define Strict Liability.
Is a legal responsibility for harm done to another even when there is no proof of fault on the
party that caused the harm.
4. Define Assault and Battery.
Assault is unlawfully threatening another person. Battery is unlawfully striking another person.
5. What is False Imprisonment?
unlawfully restricting person’s freedom of movement.
6. What is the public policy reason for public Officials and Public Figures (celebrities having to
prove actual malice in a defamation case?
Because they are in the public eye.
7. What is malicious Prosecution?
Wrongfully initiating a lawsuit against one who has done no wrong.
8. What is conversion?
Wrongfully exercising control or ownership over another’s personal property. If you buy and
stolen merchandise and you didn’t know, in court, the owner of the merchandise wins the case,
because he is the original owner.
9. What is contributory negligence?
Is the situation in with the plaintiff contributed to their own injury.
10. What is comparative negligence?
Comparing the negligence of the injured party and the one being sued.
11. What is assumption of Risk?
Is the defense use by defendant in a negligent plan.
12. Name two legal remedies available under a Tort Claim
Monetary and no monetary.
13. What is ADR (Alternative Dispute Resolution)?
Happen outside of court like Arbitration, mediation, the ministerial, the summary jury trial, the
private trial, and informal settlement between the parties.
14. What is a Summons and Complaint?
Summons is a writing notification to the defendant that a lawsuit has been filed.
Complaint is a document listing the details of lawsuit being filed and the relief sought
15. What is Motion?
Formal request to judge for a ruling on a point of law.
16. What is Summary Judgment?
Motion for immediate judgment, filled by either plaintiff or defendant based on the information
in the complaint and the answer.
17. Define Voir Dire
meaning to speak the true) is the examination to determine potential jurors’ qualifications and
suitability to serve.
18. What is Arbitration?
Nonjudicial determination of dispute by a third party rather than by the judge or jury.
19. What is Meditation?
Intervention by a third person to settle a dispute between two parties.
20. What is Contract?
It is most more than a promise.it is a legally binging relationship between two or more persons.
21. What are the tree essential elements to contract formation?
Valid offer
Valid Acceptance
Adequate consideration
22. What is Bilateral Contract?
Is when one party makes a promise in a change of the other party promise. (2 promise)
23. What is the difference between Void contract and Voidable contract?
Void contract is contract that is unenforceable. No legal effect
Voidable contract is a contract enforceable against all parties until the party legally entitled to
avoid the contract decides to do so. Able to be contract
24. What is Quasi-Contract?
Contract implied in law to prevent one from benefiting at another’s expense.
25. What is an Executory contract?
contract that has not been fully performed by one or all parties.
26. What is an Implied Contract?
Contract formed from action of the parties

TRUE/FALSE

27. A contract is a mere promise between two or more persons who have the capacity to contract.
F
28. Each party to a contract obtains both right and obligations.
T
29. Legally, all contracts are agreements, but not all agreements are contracts.
T
30. In a bilateral contracts the offeree’s promise in the acceptance.
T
31. A voidable contract is completely enforceable against all parties unless and party legally entitled
to avoid it does so.
T
32. Avoid contract has no legal effect
T

Multiple Choice

33. A contract.
b) Must contain consideration.
34. To create a legally binding contract, both parties to the agreement must be:
d) of sound mind.
35. Four essential elements are necessary to create a valid contract. Which of the following is not
one of these elements?
d) the agreement must be on writing
36. Martin promised Bellis $50 if Bellis found and returned Martin’s cocker spaniel. This contract is

c) unilateral

37. Whether a contract is unilateral or bilateral depend on the


c) type of acceptance required of the offeree by the offeror.
38. Grimes promised to give Marks, his niece 500 if she (Marks) promised to no smoking for six
months. Masks did promise to do so. At the end six months Marks did not smoke, she received
the $500 from Grimes. This is one exam
a) Express, bilateral, executed contract
39. Joy orally promised to pay Toth $150 if he repaired Joy’s computer. Toth repaired the computer
but has not yet been paid. At this point, this contract is
a) valid, unilateral, and executory.
40. A good example of modern statute law is:
b) the uniform commercial code (UCC)
41. in which of the following situations does a battery occur?

d) Williams deliberately tripped and seriously injured by an unfriendly movie patron trying to get
ahead of Williams in the ticket line.

42. Merchants are very cautious about accusing and holding people for shoplifting because they
may be sued for
c)False imprisonment
43. One way for a retail merchant to avoid liability in a false arrest suit by a customer suspected of
shoplifting is to prove that
b)the costumer consented to being detained.
44. Jerold told her friends that her doctor had once been successfully sued for malpractice.
Although the statement was true, the doctor was able to sue Jerold in tort for
c)invasion of privacy
45. Raleigh, age ten, punctured the tires on his neighbor’s car. This act would be classified as
a) trespass
46. Marks, who innocently purchased a used television that had been stolen by the seller, was
requested to surrender the television. Marks would not surrender the set until he was
reimbursed the money he paid. Marks is guilty of the tort of
d)conversion
47. for several weeks Bates used his noise power lawn mower every Sunday morning at sunrise.
Several neighbors asked him to mow his lawn at another time; Bates refused. The best legal
course of action for the neighbors to take to stop this nuisance would be to
c)seek a court injunction against the constitution of the act.
48. The defenses to intentional torts are
a) consent, privilege, necessity, and truth.
49. An example of a tort that is not intentional is
c)negligence
50. the terms “foreseeability” and “proximate cause” are associated with the tort of
d)negligence

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