QUESTION 1 Harmony, a 16 year old girl who just got her driver's license, was driving her car 95 miles per hour down a city street. The speed limit for the street was 45. Honey was riding in the car with Harmony. A little old lady and a pregnant woman, Michelle, are walking down the street together. Harmony swerves to avoid the little old lady, nearly hits the pregnant woman and runs her car into a tree. A limb on the tree breaks off and falls, hitting the little old lady. To whom does Harmony owe a duty of care? O A. The little old lady O B. Honey O C. Michelle O D. All the above O E. A and C only QUESTION 2 A party can only recover monetary damages when the other party breaches a contract. O True O False QUESTION 3 Negligence involves which of the following? A. Intentional action that results in harm O B. Action that is so inherently dangerous that no amount of due care can make it safe O C. Unreasonable action that results in harm O D. None of the above would describe negligence QUESTION 4 Punitive damages are awarded to a party to compensate them for their injury and include things like medical bills and pain and suffering. O True O FalseQUESTION 13 Danny walked up to Mark and hit him in the face because Mark was making fun of the way Danny looked and talked. Mark can sue Danny in civil court for the tort of battery. O True False QUESTION 14 When Honey accepted a job with Kristi Construction, Honey signed the following agreement, "Upon termination of my employment with Kristi Construction, I agree never to work for another employer as an electrician." If Honey voluntarily resigns from Kristi Construction, this agreement would NOT be upheld even though Honey has the Constitutional freedom to enter into contracts. O True O False QUESTION 15 The issue of whether the defendant committed a wrongful act intentionally is an element of negligence. O True O False QUESTION 16 Taran goes to play basketball with her friends. During the game she lands on the foot of Mariah after missing a jump shot. As a result, she sprains her ankle. However, Taran assumed the risk of such an injury and would not be successful if she filed a lawsuit against Mariah for negligence. O True O False QUESTION 17 Kristen perfected her security interest by properly filing a financing statement on January 1, 2010. She files a continuation statement on September 1, 2014. She files another continuation statement on September 1, 2018. When will Kristen's financing statement expire? O A. January 1, 2015 O B. September 1, 2019 O C. September 1, 2023 O D. NeverQUESTION 18 Quasi-contract is a concept designed to accomplish which of the following purposes? O A. Complete the performance of a unilateral contract O B. Complete the performance of an executed contract C. Remedy the defects of a bilateral contract D. Be an equitable principle that enforces an obligation to pay, even though an element of the contract is missing. QUESTION 19 The Statute of Frauds would require an agreement be evidenced by a signed writing to be enforceable if: A- the agreement transferred an interest in real property (land) O B. it was for a six month lease of a car. O C. it was for the sale of $100 case of lettuce O D. it was an agreement to commit an illegal act. QUESTION 20 Duties under a contract cannot be assigned. O True O False QUESTION 21 The law does not protect the use of a symbol to identify a product. O True O FalseQUESTION 22 Punitive damages are generally available in civil cases for breach of contract and unintentional torts. O True O False QUESTION 23 Will a hotel be liable every time a person drowns in its pool? O A. Yes, a drowning is conclusive evidence that the hotel was negligent in some way O B. Yes, a hotel is stricly liable for all injuries occurring in and around the pool O C. No, the hotel is not liable unless the hotel was negligent D. No, the hotel would never be liable for a drowning in its pool QUESTION 24 The standard of care required in a case involving negligence is determined according to which of the following measures? A. What degree of care and skill would be exercised by an insane person in similar circumstances O B. What degree of care and skill would be exercised by a reasonable person in similar circumstances O C. What degree of care and skill did the defendant intend to exercise at the time of the incident O D.What degree of care and skill would the Plaintiff have exercised at the time of the incident QUESTION 25 Honey, a salesperson for Jolie Cars and Trucks, tells Kristi, "This is the best car I've ever driven." This statement is: O A. An Expressed Warranty O B. An Implied Warranty O C. A Warranty of Title O D. PufferyQUESTION 26 Henry was running to get onto a train leaving Charlotte, NC (a contributory negligence state) and heading to Washington, D.C. for an important meeting he had with the President of the United States. Under Henry's arm, in an unmarked bag, is very explosive material that Henry believes Terrorists have gotten a hold of to use against the U.S. While Henry is running to get on the train, two conductors try to assist him up onto the train. They see the package under his arm but try to lift him up on the train anyway. The package falls from his arms and lands on the train station floor, exploding. The explosion kills the two conductors and Henry instantly. It also causes a chain reaction that eventually knocks a clock off the wall of the station and onto Ms. Palsgraf's head. Ms. Palsgraf suffers head and neck injuries that require hours of surgery and months of recovery. Ms. Palsgraf sues the train station and the estates of the two conductors and Henry for damages. Will the estates of the two conductors recover if they sue Henry's estate if a North Carolina jury finds that the conductors were 109% at fault and Henry was 90% at fault? O A. Yes, on a negligence theory only O B. No, because the conductors were contributory negligent in their actions which bars their negligence claim. O C. Yes, but only 809% of their damages because they were 109 at fault under a comparative negligence theory. O D. None of the above are true QUESTION 27 Christina Construction contracts to build a store for Laura's Home Store. Laura's payment is due to Christina on May 1, 2007. On May 1, 2007, Laura's bank is closed, and for this reason, Laura claims she cannot pay on time. This most likely is: O A. A breach of contract by Christina Construction O B. A reason to discharge the contract for impossibility of performance O C. A breach of contract by Laura's Home Store O D. That the contract will be suspended until the bank is open. QUESTION 28 Honey, age sixteen, signed a contract to buy a case of liquor for her parent's bar. This contract is O A. Unenforceable O B. Valid O C. Voidable O D. VoidQUESTION 29 A landowner has the highest level of responsibility to protect an invitee on his property. O True O False QUESTION 30 A restaurant allowed a banana peel, that was dropped by a waiter, to remain on the floor for over an hour, when a customer slipped on it and broke her ankle. The restaurant might be legally liable to the customer for: O A. Breach of contract O B. Negligence O C. Battery O D. None of the above QUESTION 31 A counteroffer has the effect of O A. Rejecting the offer O B. Accepting the offer O C. Avoiding the offer O D. Delaying the offer QUESTION 32 Brian and Jolie want to rekindle their romance so they decide to go on a second honeymoon. They return to the same hotel where they spent their honeymoon. Wanting to spice things up, they rent a movie from a video store: Real Honeymoon Nights. When they start watching the video that night, they are horrified to see that the first couple in the video is them on their honeymoon 10 years ago. Apparently, some employee of the hotel placed a video camera behind one of the mirrors in their room. True or False, Brian and Jolie have a claim for Intrusion with Plaintiff's Seclusion (an Intrusion claim). O True O FalseQUESTION 33 The Statute of Frauds requires that some contracts be evidenced by a signed writing to be enforceable in court. O True O False QUESTION 34 The statement, "I wouldn't buy your car for more than $2,000.00," would be considered an offer that can be accepted by the car's owner. O True O False QUESTION 35 Article 2 of the Uniform Commercial Code generally covers all contracts entered into for the sale of goods, regardless of their value. O True O False QUESTION 36 In a case of negligence, the highest duty owed by a premises owner to a potential plaintiff is that duty owed to a(n): O A- Invitee O B. Licensee O C. Discovered Trespasser O D. Undiscovered TrespasserQUESTION 37 Intentionally taking and distributing pirated, copyrighted works to others is a crime even if no profits are realized. O True O False QUESTION 38 Henry was running to get onto a train leaving Charlotte, NC (a contributory negligence state) and heading to Washington, D.C. for an important meeting he had with the President of the United States. Under Henry's arm, in an unmarked bag, is very explosive material that Henry believes Terrorists have gotten a hold of to use against the U.S. While Henry is running to get on the train, two conductors try to assist him up onto the train. They see the package under his arm but try to lift him up on the train anyway. The package falls from his arms and lands on the train station floor, exploding. The explosion kills the two conductors and Henry instantly. It also causes a chain reaction that eventually knocks a clock off the wall of the station and onto Ms. Palsgraf's head. Ms. Palsgraf suffers head and neck injuries that require hours of surgery and months of recovery. Ms. Palsgraf sues the train station and the estates of the two conductors and Henry for damages. Will Ms. Palsgraf recover for her injuries in her claims against the train station? O A. No, she cannot recover because she cannot show proximate cause O B. Yes, because her injuries were proximately caused by the conductors, who work for the train station. O C. Yes, because Ms. Palsgraf suffered injuries and was just an innocent party. D.Yes, because Ms. Palsgraf's injuries were proximatley caused by the conductor (who work for the train station) and their actions were also the factual cause of Ms. Palsgraf's injuries. QUESTION 39 Jolie, Inc. sells its products under the name "Phido." Michelle Corp. begins to market similar products under the name "Fido." This most likely is: O A. A theft of a trade secret O B. Copyright infringement O C. Patent infringement O D. Trademark infringementQUESTION 40 Which of the following is a risk that is assumed in a negligence case? O A. The risk that a person playing tennis will be hit by a ball in play O B. The risk that a person playing racquetball may fall into a hole on the court O C. The risk that a paddleboat at a hotel has a hole in it, causing the boat to slowly sink O D. All the above are risks that are assumed QUESTION 41 Jolie invites Brian into her apartment. Brian commits trespass to land if he O A. Enters the apartment with a fraudulent intent O B. Harms the apartment in any way O C. Refuses to leave when Jolie asks him to go O D. All of the above QUESTION 42 David purchased a ladder from Rivera Home Goods. The ladder states that a person should not stand on the very top of the ladder and is limited to 200 lbs. David, who weighs 250 lbs stands on the top of the ladder to reach a light in the ceiling of his kitchen. The ladder collapsed and David broke his leg. Rivera Home Goods is strictly liable for David's injuries. O True O False QUESTION 43 Kristi and Honey work in a restaurant kitchen. Honey finds out that Kristi has been dating Honey's ex-boyfriend. Honey becomes so angry that she decides to confront Kristi about the situation. Honey walks up to Kristi, shoves her against the wall and threatens to stab her with a knife. Kristi becomes so scared that she quits her job and never sees Honey's ex-boyfriend again. If Kristi was to sue Honey over the incident, Kristi could sue for both assault and battery. O True O FalseQUESTION 44 Jolie worked for Smith Bank. When she left the bank, she took her customer lists with her to her new job. She now works for Anderson Bank, a direct competitor of Smith Bank. Smith Bank can sue Jolie for trade secret violations by taking the customer lists with her. O True O False QUESTION 45 Laura offers to sell her restaurant to Brittany for $450,000. Brittany says she will pay no more than $385,000. Which of the following statements would generally be true? O A. Laura and Brittany have negotiated an agreement O B. Brittany's price is close enough to constitute acceptance of Laura's original offer, but the contract price will be set at $385,000 O C. Brittany's action has terminated the original offer and has now set forth a counteroffer. O D. Laura's offer remains open and so does Brittany's counteroffer QUESTION 46 The following party would NOT have capacity to enter into a contract O A. A fourteen year old male O B. A twenty year old woman O C. A drug dealer O D. All of the above have capacity to enter into a contract QUESTION 47 Contracts are generally voidable in the event of one party's lack of capacity. O True O FalseQUESTION 48 A minor can avoid his/her contracts only if done before they reach the age of majority or within a reasonable time thereafter. O True O False QUESTION 49 Which of the following is the BEST example of an implied contract A. Taran promises in writing to deliver a bushel of apples if Ashley will pay her $5. Ashley signs the agreement. O B. Taran orally promises to deliver a bushel of apples if Ashley will pay $5. Ashley orally accepts. C. Taran promises in writing to deliver a bushel of apples if Ashley will pay $5. Ashley pays the $5. D. Taran delivers a bushel of apples to Ashley as she had done each week for the past year. She expects to receive the same $5 payment that Ashley has always given her. QUESTION 50 A plaintiff generally has no duty to reduce their damages in a breach of contract case. That is only the defendant's problem. O True O FalseQUESTION 5 Shannon develops a new espresso machine that she names "Quick Shot." She also writes an operating manual to be included with each "Quick Shot" sold. Shannon could obtain copyright protection for: O A. The espresso machine O B. The name, "Quick Shot" O C. The operations manual O D. All of the above QUESTION 6 A resort hotel rented bicycles by the day to its guests. Each morning before the bikes were rented out, and each night after the bikes were returned, hotel personnel tested the bikes to be sure the horn, brakes, and other mechanisms were working properly. Once a week, each bike was thoroughly inspected. Jolie, a guest at the hotel, rented one of the bikes. While properly riding the bike, the brakes malfunctioned and Jolie suffered injuries to her legs. Is the hotel liable for her injuries? O A. No, the hotel is most likely not negligent under these circumstances O B. No, the hotel is generally not liable when sporting equipment malfunctions O C. Yes, the hotel is most likely negligent under these circumstances O D.Yes, the hotel is an insurer of its' guests' safety so it will always be liable if a guest is injured. QUESTION 7 Which of the following is true about the statement: "I promise to sell you my car if you promise to pay me $10,000 for it." O A. This is a unilateral offer O B. This is a bilateral offer O C. This is not an offer O D. This is a contract. QUESTION 8 Reasonable force can be legally used to expel a trespasser. O True O FalseQUESTION 9 A contract for the sale of goods for $250 or more must be in writing to be enforceable. O True O False QUESTION 10 Which of the following transactions is NOT governed by Article 2 of the UCC? O A. Purchasing an automobile for $35,000 O B. Leasing an automobile for $800 per month for 24 months O C. Purchasing a stereo worth $501 O D. Purchasing CDs for the stereo totaling $350 O E. All of the above would fall under Article 2 of the UCC QUESTION 11 To commit an intentional tort, a person must intend the harmful results of the actions. O True O False QUESTION 12 When Taran purchased her house, she took out a loan with Wells Fargo Bank, N.A. Wells Fargo entered into a security agreement with Taran in regard to the house and the loan. That security agreement would cover the house but not any fixtures inside the house (such as heating ducts). Therefore, if Taran does not pay back her loan, Wells Fargo can seize the collateral (the house) but it could not seize any of the fixtures in the house (the heating ducts). O True O False