BLAW Exam Questions And Accurate Answers
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Why would the U.S. courts, generally predisposed to favor business activity place the
burden of tort law upon a business defendant? - Answer Because the business and only
the business can reduce future injuries
In a strict liability crime, there is no need to prove the existence of mens rea or a guilty
mind. Companies can be held liable under criminal law for so-called "regulatory crimes"
when transportation, health and safety regulations, environmental pollution, and
taxation. - True
Which would NOT be an example of a crime in which the person who commits the crime
does not intend to commit a crime, or might not even know about the crime: - Answer
Murder
Careful Carissa is crooning the Karen Carpenter hit Close to You as she drives down
First Avenue. She is driving under the speed limit, hands both on the wheel. She hits the
high note in the song, yelling "Waa, ah ah ah ah.close to you." when she is hit from the
side by a huge truck driven by an extremely inebriated ex-felon.
Which of the following tort laws will Carissa likely be barred from recovery under? -
Answer Contributory negligence, if it can be demonstrated that her singing is even 1%
responsible for causing the accident
Aggravated Andy, upset that Sneaky Sam had stolen his idea and was about to present
it to the boss, took matters into his hands. Andy snatched the report from Sam, catching
the report without touching Sam, yet causing a definite jerking of arms.
Sam, enraged, picks up a ruler and tries to strike Andy; he misses.
Andy threatens Sam that unless he promises not to steal his idea, Andy is not going to
let him out of the cubicle area.
,Later on, it is seen that Sam is boasting to friends about how he stole your idea.
What torts may have taken place? - Answer Assault, battery, false imprisonment, and
possibly conversion
There is an absolute right to be left alone. - Answer False
The Model Penal Code has, through legislation in individual states, modified common
law crimes into a more standardized, simplified statutory approach. - Answer True
Mens rea is the act that leads to criminal liability. - Answer False
Peaceful Pauline puts her life savings, and then some, into building an artists' retreat
with the hope she can expand art education to people of the world in order to make them
more gentle and caring through art.
Exasperated with constant burglary of her literal hand-built retreat, Pauline sets up a
12-gauge shotgun to protect her property in the off-season-and her precious
artwork!-via a trip-wire trigger system at the entrance.
Evil Elizabeth, seeking art for her downtown loft, breaks into Pauline's building, and is
summarily deprived of life by the shotgun, skillfully set to pierce burglars' bellies. No
one, including Pauline was in the building, (it being off-season).
Pauline is indicted for the murder of Elizabeth, or, alternatively, negligent homicide.
If Pauline can assert the defense of defense of dwelling, she will not be subject to a
crime. - Answer False
If a state has passed a "stand your ground" law, then a victim of a crime may assert a
defense of self-defense even if the victim is able to retreat. - Answer True
In contract law, the legal test of "offer," "acceptance," and "consideration" are fairly
, low hurdles. - Answer True
Which of the following is NOT an example of "trade dress"? - Answer The technology
behind your product: Glarf
Covenants not to compete in employment are unenforceable. - Answer False
Which of the following rights under copyright law refers to the right to sell, rent, lease,
lend, or give away copies of the work: - Answer Distribution rights
Real property is land and anything affixed thereto. - Answer True
Your company sells a great product called Glarfs. Your product, Glarfs, goes viral, and
in no time, the entire world is talking about Glarfs. As a matter of fact, it does so much
talking about it that it becomes a verb-which means "to Glarf."
Before long, lemming manufacturers produce their own versions of your inventions, but
everyone keeps referring to them all as Glarfs, even though yours are the only actual
Glarfs. No difference, Glarf is now a generic term describing that type of widget.
Which of the following is not correct: - Answer There is no downside, because you are
now super-successful.
In contract law, "consideration" must be money. - Answer False
If the interest rate in a credit sale is set at a rate higher than the usury rate, the court will
strike down the contract. - Answer False
If there is a breach of contract, the court is likely to put the parties in their ex ante
position, or the position held prior to the contract. - Answer False
What is the term in contract law describing the right you have to make whatever deal