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1、1 A buyer can accept goods by: A. Stating an intention to take them. B. Failing to reject them. C. Treating the goods as if the buyer owned them. D. All of the above. 2 Mary agrees to sell a used car to Bill for $ 5,000. After Bill pays, Mary tells him to come over and pick up the car. However, Bill
2、 waits until Wednesday to pick up the car. In the meantime, the car is stolen. Who bears the loss here Assume that we have neither a shipment contract nor a destination contract, and that Mary has never sold a care before. A. Mary. B. Bill C. Neither Mary and Bill. D. Both Mary and Bill. Mary agrees
3、 to sell a used car to Bill for $ 5,000. After Bill pays, Mary tells him to come over and pick up the car. However, Bill waits until Wednesday to pick up the car. In the meantime, the car is stolen. Who bears the loss here Assume that we have neither a shipment contract nor a destination contract, a
4、nd that Mary has never sold a care before. A. Mary. B. Bill C. Neither Mary and Bill. D. Both Mary and Bill. In order for someone to be convicted of a crime, which of the following elements must be present A. The defendant had a socially maladjusted childhood. B. The defendant had no intent to commi
5、t the act. C. The defendant performed a prohibited act. D. The defendant performed a morally questionable act. Bob often left his friend Mark in charge of his bicycle store. One Saturday evening, after Mark had left for the week, Bob discovered that he was missing $9,000 in cash. Mark may be guilty
6、of: A. Robbery. B. Embezzlement. C. Misappropriation. D. Conversion. When profits earned illegally are channeled through a legitimate business for the purpose of giving the funds the appearance of legitimacy, the act of _ occurs: A. Insider trading. B. Economic espionage. C. Money laundering. D. Bur
7、glary. When profits earned illegally are channeled through a legitimate business for the purpose of giving the funds the appearance of legitimacy, the act of _ occurs: A. Insider trading. B. Economic espionage. C. Money laundering. D. Burglary. If James takes Ellens diamond-studded watch from her de
8、sk at work while Ellen is at lunch and does not return it, he may be guilty of the crime of: A. Battery. B. Larceny. C. Arson. D. Forgery A homicide committed without malice towards the victim is known as: A. First-degree murder. B. Manslaughter. C. A misdemeanor. D. Extortion If you are charged wit
9、h a crime, you might be able to defend yourself and escape liability if you: A. Committed a prohibited act. B. Were voluntarily intoxicated at the time of the crime. C. Were over the age of sixty-five at the time of crime. D. Were involuntarily intoxicated at the time of crime. One morning in the La
10、undromat, Duneberry approached Kirksey and said, “If you dont pay me $ 500 by July 2nd, Ill beat you to a pulp.” A week later, on July 2nd, Duneberry met Kirksey at a local bar and demanded the money. Kirksey handed Duneberry the $ 500. After receiving the money, Duneberry then punched Kirksey in th
11、e stomach and hurriedly left the bar. Under modern statutory law, Duneberry will most likely be found guilty of which of the following crimes: A. Extortion and battery. B. Extortion and robbery. C. Assault and battery. D. Assault and robbery Which of the following does NOT describe a felony A. If fo
12、und guilty, you are sentenced to prison for up to six months. B. If found guilty, you go to a federal or state penitentiary. C. If found guilty, you may face the death penalty. D. If found guilty, you may face life imprisonment. Which of the following is not classified in English law as a tort A. De
13、famation. B. Negligence. C. Breach of contract. D. Nuisance Eunice Younis is sitting in a swing chair watching her husband Yasser, planting tulip bulbs from his native Turkey. Jacques Kevorkian, who hates Yasser because of the s, whose present is known to him, draws a Armenian genocide, but is a fri
14、end of Eunicescimitar and threatens to behead Yasser. Eunice, who is five months pregnant, suffers severe psychological trauma as a result of this spectacle and miscarries shortly thereafter. In an action by Eunice against Jacques for intentional inflection of emotional distress causing her miscarri
15、age, Eunice will: A. Lose, because Jacques did not know Eunice was pregnant. B. Win, because it is highly probable that Jacques extreme and outrageous conduct would inflect emotional distress on Eunice. C. Lose, since Jacquess tortuous acts were aimed against Yasser, so only Yasser can recover for e
16、motional distress. D. Win, because she is Yassers wife. Intent is: A. A factor required to sustain a tort. B. Strict liability. C. The desire to cause a certain result or to act with substantial knowledge that an injury will result. D. Where desert nomads live False imprisonment is: A. Placing a con
17、victed defendant in a maximum security prison. B. A description of when a judge and jury disagree over a sentence. C. A criminal imprisonment for civil wrong. D. The intentional, unlawful confinement of a person against that persons will. 1. Which of the following is/are required in order to have a
18、“tender” of goods A. The seller must put and hold conforming goods at the buyers disposal. B. The seller must give notice to the buyer that the goods are available. C. The seller must give notice to the buyer and hold the goods for a reasonable time. D. All of the above are required for tender. 2. R
19、escission may be defined as: A. The substitution of one contract party for another. B. The revision of a contracts terms to reflect trade usage. C. The full performance of a contract. D. The unmaking of a contract to return the contract parties to the positions they were in before the contract was f
20、ormed. 3. Suppose that you purchase a purebred Scottish Terrier puppy. You pay $800 for the dog because it comes from champion stock. The dogs owner did not discuss the dogs pedigree with you. If you discover later that the dog is not worth $800, but only $400, can you have the contract rescinded or
21、 canceled based on your mistake A. Yes, if the owner knew the dog was clearly not worth $800. B. Yes, because you had a duty to investigate. C. Probably not, because you made a mistake about the dogs value, not a mistake of a material fact. D. Probably so, because you made a mistake of an immaterial
22、 fact. 4. Liz contracts with Brian. Liz agrees to cook 20 dinners for Brian, in exchange for which Brian will repair all of the plumbing in Lizs house. Is this consideration legally sufficient A. No, because it is clear that one dinner is not worth as much as repairing all of the plumbing in Lizs ho
23、use. B. No, because this kind of bargain violates public policy. C. Yes, based on the clear lack of any bargain. D. Yes, because Liz has promised something of value 5. Reggie Rugg owns the Spartacus He-Male Hair Augmentation Emporiun, an enterprise dedicated to selling wigs and toupees and providing
24、 hair-weaving services to balding men. Reggies most outstanding employee is Hortense Herrseut. One day upon which business has been unusually brisk, Reggie tells Hortense, “You have done really good lately. If you can keep it up until Christmas, you will get a $500 bonus.” Reggies promise could be b
25、est characterized as: A. Valid consideration. B. An illusory promise. C. An output contract. D. A requirements contract 6. Eddy Malestrom is a wholesale seller of home whirlpool baths and Vercingetorix Voorteckx is a retailer of the same. The conclude an agreement for the purchase of 100 whirlpool b
26、ath sets for delivery on May 5th. Eddy duly delivers 99 sets on May 5th conforming in all particulars to contract specifications: A. Vercingetorix may not reject Eddys performance because Eddy has substantially performed. B. Vercingetorix may not reject Eddys performance unless Eddys breach was inte
27、ntional. C. Vercingetorix may reject Eddys performance based on Eddys material breach. D. Vercingetorix may reject Eddys performance because it was not precisely what their agreement demanded 7. Andronicus, an international dog dealer, offers to pay Justinian, an professional dog breeder, $40,00 on
28、August 12th to buy Justinians Tibetan mastiff “Gyastso”, to be delivered on July 12th that year. Justinian delivers the dog to Andronicus on July 12th. On August 1st, Andronicus repudiates. Justinians cause of action against Andronicus will accrue: A. Immediately on August 1st. B. Anytime between Ju
29、ly 12th and August 12th. C. Either A and B. D. August 12th 8. With regard to corporations: A. They may be held liable for crimes, just as individuals may be. B. They may never be held liable for crimes. C. They do not really exist, so they cannot be liable for crimes, only for torts. D. They may onl
30、y be held liable for crimes if they are privately owned. 9. A person may be found not guilty of committing a crime if that person: A. Is over the age of 18. B. Suffers from a mental disease and lacks substantial capacity to appreciate the wrongfulness of his or her acts. C. Is voluntarily intoxicate
31、d. D. Made a mistake of law 10. Negligence is: A. Forgetfulness. B. Willful and wanton misconduct. C. An intentional tort that can be brought for “wrongful birth” or for “wrongful death.” D. A tort that will impose liability for a breath of a duty that proximately causes an injury 11. Immunity is: A. A statutory defense available only to sovereign governments. B. A possible defense to tort liability. C. The right of students in law school to participate in political demonstrations. D. The invulnerability of a trial court judge. 12. Kriekor leases an apartment from Methuse
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