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CSU BUS 260 - Law Exam 1

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While watching a hockey game, J, a hockey fan, was struck by a flying hockey puck. He sues the hockey team, and their attorney will answer and allege:E: None of the above (last clear chance, proximate cause, contributory negligence, comparative negligence)The defendant stopped the victim, stuck a gun in his mouth, and said, “Hand over your wallet.” The victim refused. The defendant knocked him unconscious with the butt of his hand fun and took the wallet. The victim died of a brain concussion. A: The defendant should be charged with first degree murder under the felony murder rule. The act of restraining someone’s freedom of movement is:B: False imprisonment X, an infant bought a chainsaw to use in cutting some timber to earn spending money. X did not keep thesaw oiled properly and it became damaged. X took the saw back to the store where he has purchased it and tendered back the saw and asked for his money back:E: All of the above, (X has effectively disaffirmed the contract, X will not be responsible for the damage tothe saw even though he was negligent, the saw is not a necessity, X need only return the damaged saw to receive back what he paid.)A says to B, “I promise to pay you $400 if you deliver 5000 green mason jars to me.” B delivers the jars. B: This is a unilateral contractZ appeared in court for his arraignment and after the charges against refused to say anything. Under these circumstances, the court will enter the following for Z:E:Not Guilty Legal precedent based on prior decisions is:D: Stare decisis X, who was blasting, setting up warning signs and barriers, and warning signals to inform the public of this fact. Y, seeing the warning sign and hearing the warning device, leapt the barrier taking a chance crossing the area where the blast was to take place. Y was injured by the blast. C: X’s best defense will be assumption of riskX shakes his fist at y’s back and then makes a cut in Y’s coat. Y discovers the cut later and Z tells him whatX did. A: X has committed battery. A person can take the life of another person if:C: To defend their own life from attach Appellate courts review the record and do not hear testimony from witnesses. True This study source was downloaded by 100000845762540 from on 09-06-2022 10:57:38 GMT -05:00 Abe crosses the street against a red light. Speedy Harry sees him but cannot stop in time because of faulty brakes and can’t swerve to miss hitting Abe without hitting Mr. Standby, and has no horn to give warning. The doctrine of “Last Clear Chance” is applicable in this case. False When no time is stated in an offer, it will expire after the passage of a reasonable amount of time. True By accepting an offer, the offeree has exercised the power given in the offer to spring a contract into existence if the other elements are present. True A person who keeps wild animals on his premises will be liable to persons injured by these animals in thebasis of strict liability. True A plea in a criminal case which neither admits guilt more pretends innocence is called nolo contendere. True In a unilateral contract, a promise is exchanged for a promise. False An implied in law contract can be found when no promise is present in order to prevent another from profiting or enriching himself or herself unjustly. True A “legal detriment” may by nothing more than going to a college that you might not have gone to at the request at the request of another person. True Inviting a friend over for Sunday dinner would not be a contractual promise but more likely a gratuitous promise. True For consideration to exist, the price paid for another’s promise must have an economic value. False A promise to do something which you are already legally obligated to do is consideration. False Criminal law is concerned with wrongs committed against society as a whole. True Injunctions and decrees of specific performance are both equitable remedies. True A promise in consideration for “the happiness you give me” is legally sufficient consideration. False A promise which induces another to act to his or her detriment may create consideration. True An offer may be a promise for an act. True A counter-offer is an acceptance. False Assault can be a tort and a crime. True A unilateral contract is not a contract at all since only one person is bound by a promise. False If an adult enters into a contract with and infant, either party can disaffirm. False The first pleading filed by the defendant in a lawsuit is called the reply. False A purchased a diamond from B for $30,000 cash. At a later date A wished to borrow money on the diamond. B told C if C would loan A the money, B would give C $1,000. C loaned the money and told B of the loan. Since B received no benefit, there is no consideration for B’s promise to C. False This study source was downloaded by 100000845762540 from on 09-06-2022 10:57:38 GMT -05:00 major test to determine whether one is insane is to determine whether a person can tell the difference between right and wrong, at the time of the act. True Appellate court are courts of record which hear testimony from witnesses. False There are four elements to the tort of negligence: duty, breach, proximate cause, and damages. True Stare decisis is a statutory rule requiring judges to follow past court decisions. False The process which parties use to obtain information and evidence about both sides of the case before the trails are known as discovery. True An offer may be a promise for a promise. True Once an offer has been rejected it cannot be accepted. True In a civil action the plaintiff must prove his case by a preponderance of evidence. True Criminal law is primarily concerned with defining right and duties between individuals. False (I think, its hard to read)Plaintiff, John Q. Public, bought a hammer from Bell Hardware Store. Bell Hardware Store has purchased the hammer from V & B Manufacturing Company. After buying the hammer, John took it home. While using it to hammer a nail into a two-by-four, a portion of it broke off and caused a metal chip to fly into his eye, John subsequently lost the eye and sued V & B Manufacturing Company. It was proven that the hammer contained a hidden defect. If before the accident John has seen metal chips flying off the hammer but

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