Question 1

The Freedom of Speech clause is found in the U.S.Constitution's:
A)First Amendment.
B)Second Amendment.
C)Third Amendment.
D)Fourth Amendment.

Accepted Answer

The Freedom of Speech clause is found in the First Amendment of the U.S. Constitution, along with other important rights like freedom of religion, freedom of the press, and the right to assemble. Specifically, the First Amendment states that "Congress shall make no law...abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." This clause has been interpreted and applied in various ways over the years, but it remains a critical component of American democracy and individual liberty.

Question 2

The following is a type of future interest:
A)Reversion.
B)Remainder.
C)Both of the above.
D)None of the above.

Accepted Answer

Both reversion and remainder are types of future interests in property law. Reversion occurs when the property reverts back to the original owner after the end of a particular estate, while a remainder is a future interest given to a third party that takes effect after the termination of a prior estate.

Question 3

The Constitutional Amendment that prohibits discriminatory and unfair action by the government is the:
A)First Amendment.
B)Fourteenth Amendment.
C)Thirteenth Amendment.
D)Second Amendment.

Accepted Answer

The Fourteenth Amendment, adopted in 1868, prohibits states from denying any person due process of law or equal protection under the law. This amendment is often associated with the concept of equal rights and has been used to fight against discrimination on various grounds, including race, gender, and sexual orientation.

Question 4

A gift causa mortis is a gift:
A)Given during one's lifetime.
B)That is irrevocable.
C)Made in contemplation of death.
D)That is dependent upon contract formation.

Accepted Answer

A gift causa mortis is a gift made in contemplation of death, meaning that the donor intends for the gift to take effect only if they die from the illness or peril they are suffering from at the time of the gift. It is a specific type of gift that is distinct from gifts given during one's lifetime (A) or gifts that are dependent upon contract formation (D). While a gift causa mortis is generally irrevocable (B), this is not the defining characteristic of this type of gift.

Question 5

When one is given another's personal property and fails to return it,the following tort is committed:
A)Trespass to land.
B)Conversion.
C)Trespass to personal property.
D)False Imprisonment.

Accepted Answer

The tort committed in this scenario is conversion, which occurs when someone takes another person's property without permission and does not return it, or uses it in a way that is inconsistent with the owner's rights.

Question 6

A counteroffer:
A)Terminates the offeror's offer.
B)Creates a new offer.
C)Both of the above.
D)None of the above.

Accepted Answer

A counteroffer both terminates the original offer and creates a new offer, as it indicates a rejection of the initial offer and proposes new terms.

Question 7

Kitchen cabinets installed in a kitchen are:
A)Fixtures.
B)Personal Property.
C)Chattel.
D)Goods.

Accepted Answer

Kitchen cabinets are typically considered fixtures since they are installed into the kitchen and are intended to be a permanent part of the property. Fixtures are considered real property and are typically included in the sale of a home unless specifically excluded in the purchase agreement.

Question 8

The Establishment Clause of the First Amendment:
A)Establishes the supremacy of the federal government.
B)Declares that Congress has power over interstate commerce.
C)Requires that similarly situated people be treated identically.
D)Prohibits the government from creating a state religion.

Accepted Answer

The Establishment Clause prohibits the government from creating or giving preference to a particular religion, thus ensuring the separation of church and state.

Question 9

According to the Statute of Frauds,contracts that are not in writing,but should be,are:
A)Void.
B)Enforceable.
C)Unenforceable.
D)Illegal.

Accepted Answer

According to the Statute of Frauds, contracts that are not in writing but should be are unenforceable. While they technically aren't void or illegal, they are not legally binding and cannot be enforced in court.

Question 10

The following type of speech has limited protection under the First Amendment:
A)Religious speech.
B)Child pornography.
C)Commercial speech.
D)Political speech.

Accepted Answer

Commercial speech has limited protection under the First Amendment as it is subject to regulation by the government to prevent false or misleading advertisements. The other options, religious speech, political speech, and child pornography, have various levels of protection under the First Amendment.

Question 11

Defamation requires that:
A)The defendant makes an untrue statement of fact about the plaintiff.
B)The statement is published.
C)Both of the above.
D)None of the above.

Accepted Answer

Defamation requires both elements to be present: the defendant must make an untrue statement of fact about the plaintiff, and that statement must be published (meaning communicated to a third party). It is not defamation if the statement is true or if it is not communicated to anyone else.

Question 12

The type of concurrent ownership involves the deceased tenant's interest passing to his or her estate is a:
A)Joint tenancy.
B)Tenancy in common.
C)Tenancy by the entirety.
D)Community property.

Accepted Answer

Tenancy in common is the type of concurrent ownership where each co-owner has a separate and distinct interest in the property, and upon the death of one co-owner, their share passes to their estate rather than to the other co-owners. Joint tenancy and tenancy by the entirety both involve the right of survivorship, where the deceased co-owner's share automatically passes to the surviving co-owner(s). Community property is a form of ownership that only applies in certain states and involves property acquired during a marriage being owned equally by both spouses.

Question 13

The doctrine of proximate cause can be summed up in the following word:
A)Foreseeability.
B)Negligence.
C)Damages.
D)Liability.

Accepted Answer

The doctrine of proximate cause is based on the concept of foreseeability, which means that a person is only liable for the consequences of their actions if those consequences were reasonably foreseeable at the time of the action. Therefore, the best choice is A.

Question 14

Contracts made by minors are:
A)Void.
B)Voidable.
C)Executory.
D)Executed.

Accepted Answer

Contracts made by minors are generally considered voidable, meaning that they can be either affirmed or disaffirmed by the minor upon reaching the age of majority. However, there are some exceptions, such as contracts for necessities, which are considered valid even if made by a minor. Therefore, option B is the best choice.

Question 15

The Equal Protection Test that determines whether the government's unequal classification is "reasonably related" to a legitimate government purpose is the:
A)Strict Scrutiny Test.
B)Intermediate Scrutiny Test.
C)Rational Basis Test.
D)Due Process Test.

Accepted Answer

The answer of The Equal Protection Test that determines whether...

Question 16

The following is not one of the basic requirements for an enforceable contract:
A)Consideration.
B)Contractual capacity.
C)Agreement.
D)Counteroffer.

Accepted Answer

A counteroffer is not one of the basic requirements for an enforceable contract. The other three requirements, consideration, contractual capacity, and agreement, are essential components of a valid contract.

Question 17

The following is an example of an equitable remedy:
A)Liquidated damages.
B)Punitive damages.
C)Tender of performance.
D)Specific performance.

Accepted Answer

Specific performance is an equitable remedy in which a court orders a party to perform a specific act, usually in cases involving contractual obligations. This remedy is viewed as equitable because it seeks to ensure that the plaintiff receives the benefit of their bargain and is not left without a remedy if monetary damages are inadequate.

Question 18

The type of landlord-tenant relationship that involves a lease of property for three months is a:
A)Tenancy for years.
B)Periodic tenancy.
C)Tenancy at will.
D)Tenancy at sufferance.

Accepted Answer

A tenancy for years is a type of lease that lasts for a fixed period of time, usually longer than a year. A lease of property for three months falls under this category. A periodic tenancy involves a lease that is automatically renewed for a specific period of time, while a tenancy at will has no fixed end date and can be terminated at any time by either party. A tenancy at sufferance occurs when a tenant remains in a property after their lease has expired or been terminated without the landlord's permission.

Question 19

The tort of any unlawful threat of immediate harm or offensive contact or any action that causes the plaintiff to believe in an imminent harm is a(n):
A)Assault.
B)Battery.
C)False imprisonment.
D)Negligent infliction of emotional distress.

Accepted Answer

The tort of any unlawful threat of immediate harm or offensive contact or any action that causes the plaintiff to believe in an imminent harm is known as assault. Battery is the intentional and unwanted touching of another person. False imprisonment is the confinement of a person against their will. Negligent infliction of emotional distress is the unintentional causing of emotional distress through negligent actions.

Question 20

If a hiker gets stuck under a boulder and someone gets injured while helping the hiker,the hiker could be liable to that person because of the:
A)Respondeat superior doctrine.
B)Social host liability doctrine.
C)Danger invites rescue doctrine
D)Dram Shop Act.

Accepted Answer

The danger invites rescue doctrine states that if someone's negligent or reckless behavior results in them needing rescue, and a rescuer is injured during the process, the initial party may be liable for the rescuer's injuries. In this scenario, the hiker's predicament was caused by the boulder, but their need for rescue created the danger that invited someone else's injury.

Quiz 2: Midterm Two

The Freedom of Speech clause is found in the U.S.Constitution's:

The following is a type of future interest:

The Constitutional Amendment that prohibits discriminatory and unfair action by the government is the:

A gift causa mortis is a gift:

When one is given another's personal property and fails to return it,the following tort is committed:

A counteroffer:

Kitchen cabinets installed in a kitchen are:

The Establishment Clause of the First Amendment:

According to the Statute of Frauds,contracts that are not in writing,but should be,are:

The following type of speech has limited protection under the First Amendment:

Defamation requires that:

The type of concurrent ownership involves the deceased tenant's interest passing to his or her estate is a:

The doctrine of proximate cause can be summed up in the following word:

Contracts made by minors are:

The Equal Protection Test that determines whether the government's unequal classification is "reasonably related" to a legitimate government purpose is the:

The following is not one of the basic requirements for an enforceable contract:

The following is an example of an equitable remedy:

The type of landlord-tenant relationship that involves a lease of property for three months is a:

The tort of any unlawful threat of immediate harm or offensive contact or any action that causes the plaintiff to believe in an imminent harm is a(n) :

If a hiker gets stuck under a boulder and someone gets injured while helping the hiker,the hiker could be liable to that person because of the: