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QUESTION 41 Common carriers and Innkeepers are required to exercise A. the knowledge of a person with average mental ability B. the standard of care

QUESTION 41

Common carriers and Innkeepers are required to exercise

A.

the knowledge of a person with average mental ability

B.

the standard of care of an ordinary, prudent reasonable person

C.

a high degree of care towards passengers and guests - liable for slight negligence

D.

superior judgment, skill and knowledge of professionals such as an airplane pilot, lawyer or medical doctor

5 points

QUESTION 42

To prove the crime of false pretenses, the prosecutor must prove:

A.

the fraudulent conversion of property of another by a person in lawful possession of said property

B.

obtaining property from another by means of certain oral or written threats

C.

the taking and carrying away of tangible personal property of another by trespass with intent to permanently or for an unreasonable time deprive the rightful person of his interest in the property

D.

obtaining title to the property of another by an intentional false statement of past or existing fact with intent to defraud the right owner

5 points

QUESTION 43

Daniel conveys his horse farm to his sister Irene for her life then to his nephew Bryson for his life. If Bryson were to die before Irene what property interest in this an example of

A.

Fee Simple Subject to an Executory Interest with an indefeasibly vested remainder

B.

Life Estate with a vested remainder subject to total divestment

C.

Fee Simple Absolute with a contingent remainder

D.

Fee Simple Absolute with a vested remainder subject to open

5 points

QUESTION 44

An Agent owes the following duties to a Principal

A.

Duty of Care and Diligence

B.

Duties of Notification and Accounting

C.

all of the answer choices

D.

Duty of Obedience

5 points

QUESTION 45

a Quitclaim Deed contains the following covenants

A.

Covenant of Seisin

B.

Covenant for Further Assurances

C.

Covenant of Right to Convey

D.

No convenants

5 points

QUESTION 46

Property is mislaid when

A.

the owner voluntarily relinquishes all ownership with the intent to give up both title and possession

B.

the owner accidentally and involuntarily parts with his property and does not know where to find it

C.

the owner intentionally places his property in a location that is thereafter forgotten

D.

none of the answer choices

5 points

QUESTION 47

Constructive Discharge occurs when

A.

no reasonable employee could remain employed under such intolerable working conditions

B.

the working conditions of the resigned employee were intolerable

C.

all of the answer choices

D.

an employee voluntarily resigns

5 points

QUESTION 48

Wild animals become private property when

A.

a pursuit begins to assert dominion and control over the wild animal

B.

the wild animal is killed on private property even those killed by trespassers

C.

the wild animal is reduced to possession by an assertion of dominion and control with intent to assert ownership

D.

all of the answer choices

5 points

QUESTION 49

Vicarious liability and enterprise liability refers to:

A.

Imputed criminal liability that holds a person or a corporation criminally responsible for the criminal conduct of another person such as an employee

B.

criminal conduct involving the use of accomplices

C.

criminal conduct involving the use of an innocent person

D.

criminal conduct involving accessories after the commission of certain crimes

5 points

QUESTION 50

To determine if an Agency exists, the following must occur

A.

the Agency must have a legal purpose

B.

if the Agency arises by contract or is subject to the Statute of Frauds then all contractual requisite elements are present

C.

all of the answer choices

D.

an Agent must agree to act on the Principal's behalf

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