Lindsay is Jon's manager and calls him into her office after everyone else has gone
home for the day. She closes the door and tells Jon that he is a thief and that he must
return items that he stole from the company. In fact, Jon is extremely honest and has
never stolen anything in his life. He ...
FGCU BUL 3130 Exam 2
Lindsay is Jon's manager and calls him into her office after everyone else has gone
home for the day. She closes the door and tells Jon that he is a thief and that he must
return items that he stole from the company. In fact, Jon is extremely honest and has
never stolen anything in his life. He is extremely upset and starts to feel sick. -
✔️✔️Lindsay has not committed a defamation tort.
From least to most serious, crimes are classified as follows: -
✔️✔️infractions/misdemeanors/felonies
Which of the following is not a general category of torts? - ✔️✔️criminal torts
Which of the following is not a situation in which strict liability applies? - ✔️✔️T.J.
manufactures cheap clothing that falls apart after minimal use. It does not create a
dangerous condition.
ABC Land Co. is negotiating the sale of an office building to Mega Co. Which laws will
govern the contract for the sale of the building? - ✔️✔️State common law
Most advertisements in the mass media are not offers because they - ✔️✔️do not
contain a specific commitment to sell
Something of value that is exchanged as part of an agreement is called -
✔️✔️consideration
Officer Tom stops Kathy because she looks like a criminal to him, and after a pat down
finds marijuana in her pocket. He then uses the drugs to justify obtaining a warrant to
search her home for more drugs. The search uncovers 8 kilos of cocaine. What
evidence, if any, would be admissible at trial? - ✔️✔️Neither the marijuana nor the
cocaine would be admissible at trial.
Sam has contracted with Dave to purchase Dave's racing bike, with payment and
delivery of the bicycle to be made 10 days after the contract was made. Three days
later Sam hears that Dave is going to sell the bike to Gene in three days at a higher
price. If Sam really wants the bike, what should he do? - ✔️✔️Immediately seek
injunctive relief
Sally has just purchased a home and wants to have an in-ground pool installed. She
calls Cool Pools, the company that put in her neighbors' pools. When the company rep
comes to her property, he does some soil tests that are standard for the industry and
, gets the same results as he got when the other pools were put in, so the company gives
her a price quote of $16,000. When Cool Pools begins excavating, it discovers solid
rock four feet below ground level. The neighbors had no such rock. Cool Pools stops
work and informs Sally that it will have to use explosives to remove the rock and the
cost of the pool will now be $32,000. - ✔️✔️Sally can have the contract discharged
based on impracticability.
In a shipping contract, the risk of loss passes to the buyer when - ✔️✔️the goods are
delivered to the carrier.
For a writing to satisfy statute of frauds requirements under the UCC, it must include
each of the following except - ✔️✔️price
actus reus - ✔️✔️the action element of a crime
mens rea - ✔️✔️guilty mind/ the criminal intent
conspiracy - ✔️✔️-an agreement by two or more people to commit a criminal act
-requires a specific intent to achieve the object of the conspiracy, but doesn't require
that act to actually be carried out
Facts of Miranda v. Arizona - ✔️✔️1. right to remain silent,
2. anything you say can and will be used against you in a court of law
3. right to an attorney
plain view doctrine - ✔️✔️the legal principle that objects in plain view of a law
enforcement agent who has the right to be in a position to have that view may be seized
without a warrant and introduced as evidence.
criminal fraud - ✔️✔️lie told to someone that relies on it and ends up suffering
damages
U.S. vs LaGrou Distribution Systems - ✔️✔️...
civil law vs criminal law - ✔️✔️civil law- designed to compensate parties for damages
as a result of another's conduct
criminal law- consists of a body of law, for purpose of preventing harm to a society,
prescribes the punishment to be imposed for such conduct
burden of proof - ✔️✔️the obligation to present evidence to support one's claim
what type of law governs tort law? - ✔️✔️common law
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