Question: In the winter, the Torch Restaurant has a fireplace in the front of the restaurant; in front of the fireplace there is an iron gate. Gail and John celebrating their engagement decide to roast marshmallows in the fire. John slips and burns his arm. He sues the restaurant for negligence. Which of the following is the likely outcome?
Answer Options: John loses because the fireplace surrounded by a gate was a known hazard that John knew or should of known was not appropriate for roasting marshmallows. None of the alternatives are correct. John wins because as a business invitee, the restaurant is responsible for any injury a customer incurs on its premises. John loses because the restaurant was negligent for having a fireplace on its premises. Correct Answer: John wins because as a business invitee, the restaurant is responsible for any injury a customer incurs on its premises.
Question: Walking down the street, Peter finds a gas can and tosses it onto Paul’s property. Paul’s dog knocks the can over causing it to ignite and burn Paul’s lawn. What is the likely outcome of Paul’s lawsuit against Peter?
Answer Options: Paul recovers all of his damages because Peter placing the gas can on his property is trespass. Paul recovers nothing from Peter because Paul should have removed the can from his property. Peter will be able to assert the affirmative defense of contributory negligence because Paul’s dog should not have been unleashed. Paul recovers nothing from Peter because the dog knocking over the gas can was a superseding intervening event. Correct Answer: Paul recovers all of his damages because Peter placing the gas can on his property is trespass.
Question: Aaron normally wears glasses as a matter of routine. One night he is having dinner with Eve at an upscale steak house. In making a point, Eve gets animated and the steak knife slips out of her hands and cuts Aaron right above the nose. Which of the following is true?
Answer Options: Eve’s negligence was the proximate cause of Aaron’s injury and, thus, she is responsible for his injuries. Aaron is responsible for his injuries because he assumed the risk by sitting across from an animated person with a steak knife. It turns out that Aaron would not have been harmed if he had been wearing glasses, the knife would not have cut him, and thus, Eve has no liability. The restaurant is liable for providing diners with sharp steak knives. Correct Answer: Eve’s negligence was the proximate cause of Aaron’s injury and, thus, she is responsible for his injuries.
Question: Which of the following best describes the exclusionary rule?
Answer Options: A rule that provides any evidence gathered in violation of the Fourth Amendment to be used in a prosecution against the defendant. The quid pro quo for granting immunity. A contract provision that excuses a party from certain liability. The consequences of a plea bargain. Correct Answer: A rule that provides any evidence gathered in violation of the Fourth Amendment to be used in a prosecution against the defendant.
Question: Whether a franchisee is required or not required to use the franchisor’s logo is? Dependent on state law. Only required pursuant to the franchisor’s requirement. Dependent on federal law. None of the alternatives are correct.
Correct Answer: Only required pursuant to the franchisor’s requirement.
Question: One of your friends asks you to explain the difference between a license and an easement in gross. Your response is… A license is the right to enter property for a particular purpose – an easement in gross is the right to enter property to extract something from the property. A license is the right to enter property for a particular purpose – an easement in gross is the right to enter property in order to have access to a road. An easement in gross is the right to enter property for a particular purpose – a license is the right to enter property to extract something from the property. There is no difference.
Correct Answer: A license is the right to enter property for a particular purpose – an easement in gross is the right to enter property in order to have access to a road.
Question: A construction company has a federal contract to build a bridge. Pursuant to federal regulations, the construction company is required to solicit bids from subcontractors to do the stonework. The officer of the construction company accepts an illegal bribe from a stonework company and awards the company a contract with no bidding. The federal government pursues criminal charges against the corporation and the officer. Which of the following is true? Only the officer is subject to criminal penalties. Because the officer was acting in the best interests of the company, he did not act criminally. Both the corporation and the officer are subject to criminal penalties with respect to the illegal bribe. Only the corporation is subject to criminal penalties.
Correct Answer: Both the corporation and the officer are subject to criminal penalties with respect to the illegal bribe.
Question: Which of the following is true with respect to personal property? Personal property can never be converted to real property. If real property is converted to personal property, the contract for sale must be in writing. Intangible property is not personal property. Some personal property can be converted to real property.
Correct Answer: Some personal property can be converted to real property.
Question: In order to establish a franchise with a franchisor, which of the following are required? An individual or business entity who is a partner of the franchisor. An S corporation. An individual or business entity who is a shareholder of the franchisor. An individual or business entity independent of the franchisor enters into a contract with the franchisor.
Correct Answer: An individual or business entity independent of the franchisor enters into a contract with the franchisor.
Question: In which type of bankruptcy is a repayment plan necessary? Repayment plans are not necessary in any bankruptcy. Chapter 13. Both Chapter 13 and Chapter 7. Chapter 7.
Correct Answer: Chapter 13.
Question: Phyllis Goode went to a plumbing store and purchased a sink for her cabin. There is a remote road leading to the cabin but instead of driving on that road to reach the cabin, without permission, Phyllis drives through another property owner’s driveway to get to the cabin. By driving through the driveway instead of through the remote road, Phyllis saved at least an hour. Which of the following is true? Phyllis committed a tort because she did not have permission to use the driveway. Phyllis did not commit a tort because the driveway is the only access to her property. It is not a tort because the driveway is an implied easement. None of the alternatives are correct.
Correct Answer: Phyllis committed a tort because she did not have permission to use the driveway.
Question: Whether a franchisee is required or not required to use the franchisor’s logo is? Dependent on state law. Entirely required pursuant to the franchise agreement. Dependent on federal law. None of the alternatives are correct.
Correct Answer: Dependent on state law.
Question: One of your friends asks you to explain the difference between a license and an easement in gross. Your response is… A license is the right to enter property for a particular purpose – an easement in gross is the right to enter property to extract something from the property. A license is the right to enter property for a particular purpose – an easement in gross is the right to enter property in order to have access to a road. An easement in gross is the right to enter property for a particular purpose – a license is the right to enter property to extract something from the property. There is no difference.
Correct Answer: A license is the right to enter property for a particular purpose – an easement in gross is the right to enter property to extract something from the property.
Question: A construction company has a federal contract to build a bridge. Pursuant to federal regulations, the construction company is required to solicit bids from subcontractors to do the stonework. The officer of the construction company accepts an illegal bribe from a stonework company and awards the company a contract with no bidding. The federal government pursues criminal charges against the corporation and the officer. Which of the following is true? Only the officer is subject to criminal penalties. Because the officer was acting in the best interests of the company, he did not act criminally. Both the corporation and the officer are subject to criminal penalties with respect to the illegal bribe. Only the corporation is subject to criminal penalties.
Correct Answer: Both the corporation and the officer are subject to criminal penalties with respect to the illegal bribe.
Question: Which of the following is true with respect to personal property? Personal property can never be converted to real property. If real property is converted to personal property, the contract for sale must be in writing. Intangible property is not personal property. Some personal property can be converted to real property.
Correct Answer: Some personal property can be converted to real property.
Question: In order to establish a franchise with a franchisor, which of the following are required? An individual or business entity who is a partner of the franchisor. An S corporation. An individual or business entity who is a shareholder of the franchisor. An individual or business entity independent of the franchisor enters into a contract with the franchisor.
Correct Answer: An individual or business entity independent of the franchisor enters into a contract with the franchisor.
Question: In which type of bankruptcy is a repayment plan necessary? Repayment plans are not necessary in any bankruptcy. Chapter 13. Both Chapter 13 and Chapter 7. Chapter 7.
Correct Answer: Chapter 13.
Question: Phyllis Goode went to a plumbing store and purchased a sink for her cabin. There is remote road leading to the cabin but instead of driving on that road to reach the cabin, without permission, Phyllis drives through another property owner’s driveway to get to the cabin. By driving through the driveway instead of through the remote road, Phyllis saved at least an hour. Which of the following is true? Phyllis acted properly because she had a good reason to drive through the other property owner’s driveway. Regardless of her reason, Phyllis did not have an easement to drive across the property, and thus did not have legal access to the driveway. Regardless of her reason, Phyllis did not have a license to drive across the property; and, thus did not have legal access to the driveway. Phyllis acted properly because in driving through the other person’s property, she caused no damage.
Correct Answer: Regardless of her reason, Phyllis did not have an easement to drive across the property, and thus did not have legal access to the driveway.
Question: Miranda and Asher, a married couple, purchased property as tenants in common before they married. Asher dies and by law, leaves his interest in the property to his sister Mollie? What interest in the property, if any, will Mollie receive? Joint tenancy with right of survivorship. Nothing because Miranda has right of survivorship and Asher’s death will automatically receive his interest. Fee simple absolute. A tenant in common interest.
Correct Answer: A tenant in common interest.