QUESTION 1

While Kendra was walking down the street, Tom intentionally hit her with a baseball bat, causing injury.For which of the following can Kendra sue Tom?

1. A tort.
2. A crime.
3. Both a crime and a tort.
4. Either one, but she must choose one or the other.

QUESTION 2

Juan orally agreed with the manbager of a health spa to purchase a three-year membership for $350/year.Three weeks later, and before Juan paid any money to the spa,Juan changed his mind.Can the spa enforce the contract?

1. Yes because an enforceable contract existed.
2. No because the contract cannot be completed within a year.
3. No becuase the contract involves more than $500.
4. No because the contract is unconscionable.

QUESTION 3

Alan wrote Beth a private confidential letter falsely accusing her of stealing office supplies from their employer. Based on these facts, what tort is Alan liable for?

1. Defamation
2. Invasion of privacy.
3. Interference with a contractual relationship.
4. None of the above.

QUESTION 4

True or false: a jury in New York can consist of eight people (not counting alternates).

1. True
2. False

QUESTION 5

Jeremy went to the Bisco Bar in Spencerport.He had too much to drink and became visibly intoxicated.The bar nonetheless continued to serve him.He attempted to drive home but caused a two car accident in which three people in the other car were injured.Will the bar be liable for their injuries?

1. Yes based on attractive nuisance.
2. Yes based on the Dram Shop Act.
3. Yes, based on respondeat superior.
4. No.

QUESTION 6

Which of the following is NOT an example of an illegal contract?

1. A contract among all the fast food restaurants in Monroe county to charge the same price for hamburgers.
2. A contract to sell heroin in New York
3. A contract to lend money at an interest rate that constitutes usury.
4. All of the above are illegal.

QUESTION 7

What is the procedure where two parties with a dispute involve a third party to assist them in resolving their disagreement but the third person is not authorized to impose a decision?

1. Bench trial.
2. Arbitration.
3. Mediation.
4. Certiorari.

QUESTION 8

If you hire an attorney on a contingency fee basis, which of the following is true?

1. The lawyer is working for you pro bono (for free).
2. You will pay the lawyer a lump sum amount to represnt you.
3. You will pay the lawyer a percentage of the money that you win, if you win the case.
4. None of the above.

QUESTION 9

Romana was driving down a street below the speed limit.A child darted out from behind bushes right in front of where Romana was driving.She immediately put her foot on the brake and tried to stop the car to avoid hitting the child.She was unsuccessful and the child was injured.True or false:Based on these facts, Roman was negligent.

1. True
2. False

QUESTION 10

Which of the following is not an alternative dispute resolution method?

1. Arbitration.
2. Bench trial.
3. Mediation.

QUESTION 11

What is true about illegal contracts?

1. They are void.
2. They are voidable.
3. They are valid.
4. They are enforceable in court.

QUESTION 12

What is the goal of the law in providing a remedy for breach of contract?

1. Put the nonbreaching party in the position he would have been in had he not entered the contract.
2. Put the nonbreaching party in the position he would have been in had there been no breach.
3. Punish the breaching party.
4. Discouraging re-occurrence of the breach.

QUESTION 13

Can a person be imprisoned for committing the tort of defamation?

1. Yes because jail is a legal remedy for the commission of a tort.
2. Yes because defamation is viewed as one of the most serious torts.
3. No because jail is not a legal remedy for the commission of a tort.
4. No because defamation is not a violation of law.

QUESTION 14

An on-duty police officer cannot collect a reward for providing information leading to the capture of a criminal because of which rule?

1. Jurisdiction rule.
2. Preexisting duty rule.
3. Past consideration rule.
4. Adequacy of consideration rule.

QUESTION 15

Sally signed a contract without reading it.She subsequently learned it contained a provision that was unacceptable to her.True or false: She can avoid the contract.

1. True
2. False

QUESTION 16

Brandy has a treadmill that has ceased to function.As a result it cannot be used as an exercise machine.Brandy decided to sell it and advertised it for sale.If a potential buyer comes to look at the machine must Brandy disclose the fact that it does not work?

1. Yes, failure to do so will constitute fraud.
2. Yes, failure to do so will constitute concealment.
3. No, the buyer should discover this problem.
4. Yes, failure to do so is a crime.

QUESTION 17

What phase of the lawsuit immediately follows th pleadings?

1. Discovery.
2. Trial.
3. The judge's charge.
4. Direct examination of plaintiff's witnesses.

QUESTION 18

Which of the following is required to prove disclosure of trade secrets?

1. The statement was false.
2. The information was copyrighted.
3. The defendant acted carelessly.
4. The information was maintained as confidential.

QUESTION 19

George wanted his neighbor's computer system.One night while his neighbor was out, George entered an unlocked door at the neighbor's house and stole the computer system.What crime(s) has George committed?

1. Burglary
2. Larceny
3. Robbery.
4. Two of the above.
5. None of the above.

QUESTION 20

Which of the following is not a source of our law?

1. Government agencies.
2. Decisions by judges.
3. Legislators.
4. Police officers.

QUESTION 21

Surida, the manager of a hardware store, suspects Ebonie of shoplifting and so detains her.Surida found no stolen property in Ebonie's possession.Ebonie thereafter sued the hardware store alleging that the detention constituted false imprisonment.The store will be liable:

1. because Ebonie did not actually shoplift
2. only if Ebonie had shoptlifted in the past
3. if Eboniewas detained for an unreasonably long time.
4. for double the amount of her damages.

QUESTION 22

True or false: The value of consideration exchanged by the two parties to a contract must be equal or close in value; otherwise a contract will not be formed.

1. True
2. False

QUESTION 23

The burden of proof for the plaintiff in a civil case is which of the following?

1. Beyond a reasonable doubt.
2. Preponderance of the evidence.
3. Clear and convincing evidence.
4. That amount of evidence that would convince a reasonable person that illegal activity is afoot.

QUESTION 24

If a state law conflicts with the Constitution, which will be enforced?

1. The Constituition.
2. The state law.
3. Neither, they cancel each other out.
4. Both will be enforced.

QUESTION 25

Last year Emily, age 7, visited Santa at Marketplace Mall .Emily told Santa that she wanted a new doll for Christmas.Santa said he will try to bring her the doll on Christmas morning. True or false:This a binding contract..?

1. True
2. False