multiple choice

13.Which of the following circumstances most likely fulfill(s) the element of the tort of fraud that requires the defendant either to make a statement knowing it was false or to make a statement recklessly and without knowledge of whether it was false?

-A home seller stating that the house is located within the district of the top-ranked high school in the state, when it is really located one block outside of that district.

-Intel advertising the Pentium 4 processor as being the best on the market, when it is really no faster than the Pentium III.

-A home seller stating that he thinks that property values in the neighborhood will go up by 20% over the next year.

-All of the four circumstances could fulfill the misrepresentation element of fraud.

-A cabinet company advertising its cabinets as being made with expert workmanship, when the cabinets are made by factory workers.

14.One purpose of discovery is to:

-assist the judge in investigating the case.

-help parties assess the strength of a case.

-allow the defendant to discover who is suing him or her.

-give the jury an opportunity to question the parties to a lawsuit.

-give the defendant an opportunity to destroy damaging evidence before it can be presented at trial.

15.A plainclothes police officer happened to be at a Starbucks when he overheard a conversation between Jason and Karina, who were sitting at the next table. Jason asked Karina if she would help him to rob the Wells Fargo bank down the street. If the officer arrested Jason on the spot, which crime would he most likely be charged with committing?

-Robbery

-Conspiracy to commit robbery

-Jason will not be charged with any crime because the officer did not have a warrant to arrest Jason.

-Solicitation to commit robbery

-Attempted robbery