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NCSU ARE 306 - FINAL EXAM -ARE 306

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1Test Code #: 102FINAL EXAMINATION December 19, 2000 ARE 306Instructions: You may use one blue 3x5 card of notes, handwritten, front and back. No other notes or books arepermitted. All answers must be placed on the scantron sheet using a number 2 pencil. If you must erase, please makesure that erasures are complete. Please keep the test paper and bring it to the next class. Each question is worth onepoint unless otherwise stated. You may leave after you give your scantron sheet to the proctor. All remainingpapers will be collected at 4:00 p.m. Please put your name, last name first, in the correct box on the scantron sheet. Please put your test code number in the identification number box in the last three spaces on the right. There are 155points available on the test.1. A motion for summary judgment will be granted when:a. there are no material issues of factb. there are no material issues of lawc. there are no material issues of fact or lawd. none of the above2. Appellate courts hear issues ofa. factb. lawc. fact and lawd. none of the above3. Juries decide issues of:a. factb. lawc. fact and lawd. none of the above4. Trial courts decide issues of:a. factb. lawc. fact and lawd. none of the above5. A motion for summary judgment isa. a post-trial motion.b. a pre-trial motionc. occurs during the triald. may be made at any time6. The highest source of federal law is:a. constitutionb. statutec. regulationd. ordinancee. executive order27. The highest source of state law in North Carolina is:a. constitutionb. statutec. regulationd. ordinancee. executive order8. The federal government is a government ofa. plenary powersb. no powersc. limited powersd. none of the above9. Jurisdiction is defined as:a. the convenience of the courtb. the power of the partiesc. the power of a court to decide a cased. none of the above10. If a regulation and a statute are contradictory, then:a. they are read togetherb. the regulation prevailsc. neither are validd. the statute prevails11. An offer to form an express unilateral contract may be accepted only by:a. a promiseb. a conditionc. moneyd. an acte. none of the above12. An offer to form an express bilateral contract may be accepted only by:a. a promiseb. a conditionc. moneyd. an acte. none of the above13. Which rule requires that some contracts be in writing:a. statute of fraudsb. parole evidence rulec. integration claused. all of the abovee. none of the above314. Which rule bars the use of prior or contemporaneous oral statements to change a written contract:a. statute of fraudsb. parole evidence rulec. integration claused. all of the abovee. none of the above15. Which contract provision bars the use of subsequent oral statements to modify a written contract:a. statute of fraudsb. parole evidence rulec. integration claused. all of the abovee. none of the above16. A contract with a minor is:a. voidable by all parties to the contractb. voidable by the party not a minorc. voidable by the minord. voide. none of the above17. A contract to commit murder is:a. voidb. voidablec. both a & bd. neither a & b18. A penalty clause in a contract is:a. commonb. not enforceablec. enforceabled. none of the above19. Liquidated damages clauses in contracts avoid:a. breaches of contractb. litigating the amount of damagesc. damagesd. none of the above20. After a counter offer, the original offer:a. continues to be capable of acceptanceb. is modifiedc. is not modifiedd. no longer existse. none of the above421. Which two elements of a valid contract constitute a meeting of the minds?a. offer and acceptanceb. offer and considerationc. proper subject matter and considerationd. proper subject matter and capacitye. none of the above22. Which word or phrase best characterizes an intentional tort?a. faultb. intentc. liability without faultd. all of the abovee. none of the above23. Which word or phrase best characterizes a strict liability tort?a. faultb. intentc. liability without faultd. all of the abovee. none of the above24. Which word or phrase best characterizes a tort in negligence?a. faultb. intentc. liability without faultd. all of the abovee. none of the above25. A trespass action protects a landowner's right of:a. alienationb. possessionc. saled. usee. none of the above26. A nuisance action protects a landowner's right of:a. alienationb. possessionc. saled. usee. none of the above527. What is the burden of proof in civil trespass action?a. beyond a reasonable doubtb. beyond a shadow of a doubtc. weight of the evidenced. preponderance of the evidencee. none of the above28. What is the burden of proof in criminal trespass action?a. beyond a reasonable doubtb. beyond a shadow of a doubtc. weight of the evidenced. preponderance of the evidencee. none of the above29. In which types of tort actions are punitive damages available?a. intentional tortsb. negligent tortsc. strict liability tortsd. all tortse. none of the above30. A plaintiff who was 1% at fault:a. would recover damages in a contributory negligence stateb. would not recover damages in a comparative negligence statec. would recover damages if the court applied the last clear chance doctrined. none of the above31. In tort cases, North Carolina follows the rule of:a. comparative faultb. no faultc. contributory negligenced. all of the abovee. none of the above32. Which two types of entrants onto land are due the same duty in North Carolina?a. trespasser and inviteeb. trespasser and licenseec. licensee and inviteed. none of the above33. Landowners may use _________________ force to eject trespassers.a. deadlyb. noc. somed. reasonable634. A landowner in North Carolina, with an avenue to retreat, may use deadly force to eject a trespasser, on openland, who is threatening the landowner's life.a. Trueb. False35. One who files an amicus curae brief is a party to the case.a. Trueb. False36. A codified federal statute may be found in:a. the United States Codeb. the U.S. Statutes at Largec. the Code of Federal Regulationsd. the Federal Registere. none of the above37. A federal statute, not yet codified, may be found in:a. the United States Codeb. the U.S. Statutes at Largec. the Code of Federal Regulationsd. the Federal Registere. none of the above38. A codified federal regulation may be found in:a. the United States Codeb. the U.S. Statutes at Largec. the Code of Federal Regulationsd. the Federal Registere. none of the above39. A proposed regulation may be found in:a. the United States Codeb. the U.S. Statutes at


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NCSU ARE 306 - FINAL EXAM -ARE 306

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