A contract that cannot be performed within 1 year:

Group of answer choices

A.is unenforceable

B.need not be in writing

C.must be in writing

D.none of the above

14. The right of people to enter into contracts comes from:

Group of answer choices

A.statute

B.The United States Constitution

C.the Bible

D.None of the above

15.In a negligence case:

Group of answer choices

A.only actual cause must be shown

B.only proximate cause must be shown

C.both actual and proximate cause must be shown

D.neither actual nor proximate cause must be shown

16.The elements consisting of duty, breach, causation and injury represent a cause of action for:

Group of answer choices

A.intentional torts

B.strict liability

C.negligence

D.none of the above

17. In a negligence claim, the standard of care is usually:

Group of answer choices

A.that of a reasonable person

B.that of a perfect person

BCthat of a person who is strictly liable

D.none of the above

18.An example of res ipsa loquitur is:

Group of answer choices

A.a contractor violates a building safety code when constructing a home, resulting in injuries to the workers

B.an operation in which the surgeon removes a wrong body part

C.a person punches a bystander in a bar

D.Call of the above are examples of res ipsa loquitur

19. A customer in a store is an example of a(n):

Group of answer choices

A.invitee

B.licensee

C.trespasser

D.none of the above

20.In the Palsgraf case, there was no showing of:

Group of answer choices

A.actual cause

B.proximate cause

C.an intervening cause

D.all of the above

21. An example of vicarious liability is where:

Group of answer choices

A.an employer is held liable for the acts of his/her employee

B.an attorney is held liable for the acts of his/her paralegal

C.a hospital is held liable for the acts of its doctor

D.all of the above are examples of vicarious liability

22.If a plaintiff is held to be comparatively negligent:

A.his or her damages are awarded in full

B.his or her damages are reduced by the plaintiff's percentage of fault

C.(a) and (b)

D.neither (a) nor (b)

23.Assault is:

A.intentionally and physically injuring another person

B.intentionally placing another person in reasonable apprehension of injury or unwanted physical contact

C.intentionally restraining a person's freedom or confining a person without that person's consent or without legal authority

D.none of the above

24.A salesman who purposely sells a used car to another person pretending that it is new is probably guilty of:

Group of answer choices

A.a nuisance

B.trespass

C.fraud and misrepresentation

D.defamation

25.The word "tort"means:

Group of answer choices

A.negligent

B.twisted or wrong

C.intentional

D.liability without fault

26. A decision by a judge (a court case) is an example of Positive Law.

Group of answer choices

A.True

B.False

27.A married couple lives in New York and obtains a divorce. One of them moves to Arizona and wants to remarry. Under the 9th Amendment to the U.S. Constitution, Arizona does not have to recognize the divorce in New York.

Group of answer choices

A.True

B.False

28. A police officer stops you for a burnt-out tail light. The officer suspects you have narcotics in the trunk of your car. Because you are already stopped for a legitimate reason, the officer can search your car.

Group of answer choices

A.True

B.False

29.You came home from work one day and noticed two men getting ready to mow your lawn in your front yard. However, you never hired them to do this. You say nothing and go into the house and watch them mow the lawn.

You have to pay them for the value of their work even though you did not hire them to do the work.

Group of answer choices

A.True

B.False

30.The tort of Battery requires that you intend to cause physical harm to the plaintiff.

Group of answer choices

A.True

B.False

31.The tort of Assault requires that you make physical contact with the plaintiff.

Group of answer choices

A.True

B.False

32.Courts usually will inquire as to the sufficiency of the consideration.

Group of answer choices

A.True

B.False

33.An agreement to injure or kill someone is a voidable contract.

Group of answer choices

A.True

B.False

34.Parol evidence can be introduced when there is ambiguity in a written instrument.

Group of answer choices

A.True

B.False

35.The purchase of real estate need not be in writing in order to be enforceable.

Group of answer choices

A.True

B.False

36.An agreement to steal is a voidable contract.

Group of answer choices

A.True

B.False

37.If one is negligent per se, he or she has violated a law designed to protect the plaintiff against the harm caused by the defendant.

A.True

B.False

38.Doctors are held to the same standard of care as that of ordinary people.

Group of answer choices

A.True

B.False

39. A licensee is held to a higher standard of care than an invitee.

Group of answer choices

A.True

B.False