Principles of Law – Fall 2021
FINAL EXAMINATION NAME:
You have twenty-four hours to complete this exam. Use your time appropriately. I will subtract points for grammar or misspelled words; I expect your answers to be complete, thoughtful, and organized in a logical and coherent manner. You may use your text book and your notes to fully answer these questions. You may not discuss this exam with any other person. Good luck to you.
1. X dies and leaves a will. In the will, X disinherits his son, Y. Y’s best outcome will be
a.
to receive nothing. Y has no right to inherit.
b.
to argue that the will was invalid and if successful, receive an intestate share.
c.
to elect to receive a forced share.
d.
to invoke the will ignorance doctrine.
2. A joint tenant cannot
a.
build a permanent structure on the property.
b.
move a mobile home onto the property.
c.
give his or her interest to heirs in a will.
d.
Charge rent for use of the property.
3. As you learned in the criminal procedure discussion, what is a circuit split?
a. When US Courts of Appeal in different circuits come to conflicting opinions on an issue.
b. When the appellate judges ruling on a case include a concurring opinion.
c. When the appellate judges ruling on a case include a dissenting opinion.
d. When an opinion is illegible because of the bananas and hot fudge smeared on the draft.
4. Under ordinary circumstances, a valid will is not required to be
a.
signed by the deceased.
b.
a written document.
c.
witnessed by non-beneficiaries.
d.
filed at the courthouse within 48 hours of signing.
5. In order to be convicted of a crime, a defendant must be proven to have both
a principal and accessory
a specific intent and wrongful act
a guilty mind and wrongful act
a felony and misdemeanor
6. What duty does a property owner have to trespassers?
a.
Keep property free from unreasonable and undiscoverable dangers
b.
Warn of known dangers on the property
c.
Actively inspect the property for dangers and warn of discovered dangers
d.
Leave cookies and milk on the table by the tree
Each element of negligence must be proven by a Plaintiff
a.
Beyond a reasonable doubt
b.
To be more likely than not
c.
To be malicious in intent.
d.
Within forty-eight (48) hours of the incident.
Strict liability
a.
does not apply if there is proof the defendant took extreme precautions for the safety of others.
b.
does not apply if there is proof the plaintiff took no precautions for his or her own safety.
c.
applies only in manufactured products cases.
d.
applies in cases of ultrahazardous activity.
R dies without a will. R’s only survivors are T (spouse), G (sister), and Q (nephew). Based on the rules of per stirpes intestate succession discussed in the text and in class, what is the likely intestate distribution?
a.
Each survivor receives an equal share.
b.
T receives 50 percent of the estate, and G & Q each receive 25 percent.
c.
T receives the entire estate.
d.
It depends if Q is the son of G.
Which of these is NOT an element of negligence?
a.
A duty.
b.
An injury.
c.
Intent to cause harm
d.
Damages
Which of these is NOT a type of authority that can bind a principal to a contractual agreement made by an agent?
Apparent Authority
Actual Authority
Proprietorship Authority
Authority by Ratification
In the US. v. Thomas criminal procedure case, which was NOT a test that a circuit court adopted and was discussed in the opinion?
Faulty Warrant Test
Bright-Line Test
Modified Bright-Line/Permission Test
Totality of the Circumstances Test
Jamie drives a car with Leslie in the front passenger seat. Jamie comes to a stop at a stoplight. Kris walks up to car, hands Leslie $1000 in cash, and takes a bag with illegal drugs from Leslie. Jamie drives the car away. Based upon only the facts presented here for this illegal drug sale, Jamie is most likely to be identified as
Principal in the First Degree
Principal in the Second Degree
Accessory Before the Fact
Accessory After the Fact
14. Corporations
a.
may be owned by one or more than one person.
b.
may not be owned by only one person.
c.
must be owned by a person different from the person who operates it.
d.
must have shares of stock sold on a public stock exchange.
15. Which refers to property a person owns that is permanently attached to the land, fixed, and immovable?
a.
Authentic property
b.
Real property
c.
Legitimate property
d.
Personal property
16. Which specifies the types of contracts that must be in writing before they will be enforced?
a.
Statute of enforceable contracts
b.
Written contracts rules
c.
Statute of frauds
d.
Statute of limitations
17. What separates 1st Degree Murder from the other Homicide crimes?
The number of people who died
The intent to kill
The length of suffering by the victim(s)
The use of a weapon
18. In the criminal procedure fact problem, how did the Speedy Rental Cars contract define an “authorized user” of the rental car?
a. The person who paid for the rental car.
b. The person listed on the rental car agreement.
c. The contract did not define authorized user.
d. Both the person who paid for the rental and the person listed on the rental agreement.
19. Divorce on the grounds of irreconcilable differences
a.
May be used only if the marriage bore no children.
b.
has been historically used when one of the spouses cannot be located.
c.
is the method intended to be used when one of the parties is physically abusive.
d.
is the method intended to be used when neither party wishes to prove blame for the dissolution.
21. Julio and Nancy have been dating for two years. Julio purchases a diamond ring. On Nancy’s birthday, Julio asks Nancy to marry him. Nancy agrees. Julio gives Nancy the diamond ring. She wears it on her left hand’s ring finger. Two months later, a year before their intended wedding date, Nancy tells Julio that she won’t marry him.
Based upon what you have learned about property and contract law, please fully explain your best argument as to why Nancy should be allowed to keep the ring.
Based upon what you have learned about property and contract law, please fully explain your best argument as to why Nancy should have to return the ring to Julio.
22. Faud and Moumita, both 22 years old, went out on a Friday night for dinner and drinks at a local bar, The Mustang Trough. Much later, Moumita convinced Faud to come to her apartment to watch Netflix, since her roommate was out of town. Realizing that they both had consumed too many alcoholic beverages to safely drive, Faud used his DRVE app to get a driver to take them to Moumita’s apartment. Faud’s credit card was charged, and a driver was summoned.
Jimmy, their DRVE driver, picked the couple up a few minutes later. After Faud and Moumita got in the car’s backseat, Jimmy sped away. He was driving 15-20 mph over the posted speed limits. Faud asked Jimmy to slow down. Jimmy said, “Relax buddy! Jimmy is going to get you to your baby’s place safe and sound.” A moment later, Jimmy ran a red light. The car was hit by Aimee’s pickup truck, which was driving at the speed limit and legally in the intersection.
In the aftermath of the accident, Faud ended up in the hospital with two broken legs and a lacerated kidney. Moumita suffered only cuts and bruises, and was released from care that night. However, since the accident, she is too afraid to sit in the backseat of a car or to watch Netflix.
Can Faud and Moumita each prove all of the elements for a tort lawsuit against Jimmy? Identify which fact(s) establish(es) each element.
Can Faud and Moumita prove all of the elements for a breach of contract lawsuit against DRVE? If so, do so and identify what kinds of damages they would recover.
23. Based upon our discussions in class and the description in the text, please identify what homicide charge would be brought against each of these individuals.
Jimmy is driving again. He downs a bottle of whisky and drives along Main Street. He loses control of the car and hits a pedestrian. The pedestrian dies. At the scene, Jimmy’s blood-alcohol level is measured at .19, more than twice the legal limit.
Janie comes home and finds her wife, Steph, in bed with another woman. In a blind rage, Janie immediately grabs a pistol out of the nightstand drawer and kills both Steph and the other woman.
Furious that she was passed over for a promotion, Maggie puts arsenic in her boss’s flavored coffee. Her boss drinks the coffee and dies shortly thereafter.
Justin is furious that Collin cheated in their poker game. Justin tells anyone who would listen that he wanted “to beat Collin up real good until I get my money back.” Justin sees Collin in a bar and punches him in the face. Collin staggers backwards, trips, falls, and hits his head on the corner of a metal table. Collin dies of the injury.
24. Richard dies at the age of 83. His wife and parents had long since passed away. He had no brothers or sisters. In his life, he had 4 children, Aaron, Beth, Carl, and Dee. Aaron has three children, Erik, Fred, and Gina. Beth died two years ago, but she had two children, Helen and Issac. Carl had one child, Janet. Dee had three children, Karla, Logan, and Maxine.
For both questions, your answers can be expressed as either a fraction or a percentage.
A) Richard never wrote a will. If the court uses a per stirpes distribution of his assets, how much will each person listed above receive?
B) Richard never wrote a will. If the court uses a per stirpes distribution of his assets, how much will each person listed above receive?
25. Some contracts must be in writing in order to be valid. Please list three of those types of contract, and explain why each one must be in writing. In other words, what benefit is being created or harm is being prevented in each case.
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