MLS Test 3

Question 1

Tort vs Contract Remedy

Answer 1

compensate the injured party for any losses suffered vs give the injured person the benefit of the bargain

Question 2

three types of torts

Answer 2

intentional, negligence, strict liability

Question 3

an intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact

Answer 3

assult

Question 4

an intentional act that creates a harmful or offensive physical contact

Answer 4

battery

Question 5

if a person directs a tortious action towards A but instead harms B, the intent to hurt A is transferred to B

Answer 5

transferred intent

Question 6

an intentional act that caused confinement or restraint through force or the threat of force

Answer 6

false imprisonment

Question 7

the publication of false statements that harms a person reputation

Answer 7

defamation

Question 8

making a defamatory remarks either knowing that materials was false or acting with reckless disregard as to whether or not it was true

Answer 8

malice

Question 9

failure to act as a reasonably prudent and careful person is expected to act in similar circumstances

Answer 9

negligence

Question 10

being legally responsible for consequences flowing from an activity even in the absence of fault

Answer 10

strict tort liability

Question 11

obtain a marriage license and then exchange vows before either a recognized member of the clergy or a judge with witnesses

Answer 11

solemnized

Question 12

marriage that has not beeen solemnized but the couple has mutually agreed to enter into a repationship in which they accept all the duties and resp that correspond to those of marriage

Answer 12

common law

Question 13

requirements of marriage

Answer 13

must be 18, not closely related, but of sound mind

Question 14

a marriage that was valid when it was entered into and remians valid unitl either party obtains a court to dissolve it

Answer 14

voidable marriage

divorce

Question 15

a marriage that is invalid from its inception and it does not require court action for the parties to be free of any marital obligaiton

Answer 15

void marriage

underage, bigamy

Question 16

divorce proceedings

Answer 16

file petition/complaint and summons
serve defendant
discovery
mediaiton
settlement agreement 
trial

Question 17

gives parents authority to make legal decisions for child

Answer 17

legal custody

Question 18

tells where child primarily resides and gives that parent authority to make day decisions for the child

Answer 18

physical custody

Question 19

one child each or where one parent has physical custody during school year and other has physical custody during summer

Answer 19

split or divided custody

Question 20

crimes to property

Answer 20

arson 
burglary 
forgery
receiving stolen property
shoplifting
traspass

Question 21

crimes to public health

Answer 21

alcohol 
child porn 
disorderly conduct 
drug offenses 
obscenity 
prostitution

Question 22

crimes to governmental functions

Answer 22

bribery, perjury, treason

Question 23

D not able to form the requisite mens reas due to intoxication

Answer 23

intoxication defences

Question 24

force or a threat of force was used to cause a person to commit a criminal act

Answer 24

defense of duress

Question 25

D was forced to take an action to avoid a greater harm

Answer 25

defense of necessity

Question 26

D would not have commited the crime but for police trickery

Answer 26

entrapment defense

Question 27

not guilty due to insanity b/c could not understand whether the act was right or wrong

Answer 27

mnaghten

Question 28

not guilty due to insanity b/c mental disease robbed them of ability to control conduct

Answer 28

irresistible impluse

Question 29

not guilty due to insanity if lacked either ability to understand that act was wrong or no ability to control the behavior

Answer 29

substantial capacity

Question 30

evidence that suggests D is guilty

Answer 30

inculpatory evidence

Question 31

evidence that suggests D is innocent

Answer 31

exculpatory evidence

Question 32

evidence obtained in violation of an individuals constitutional rights so it cannot be used

Answer 32

exclusionary rule

Question 33

business incorporated in one state but do business in another state

Answer 33

foreign corporation

Question 34

business formed in another county

Answer 34

alien corporation

Question 35

business in corp in the state they do business

Answer 35

domestic corporation

Question 36

position of trust and are responsible for acting in the best interest of stockholders

Answer 36

fiduciary relationship

Question 37

advantages of sole propietorship

Answer 37

``` simple to form maintain control profits and losses treated as personal ordinary personal tax minimum paperwork ```

Question 38

disadvantages of sole propietorship

Answer 38

unlimited liability limited resources personal assets can be taken to satisfy debt terminates upon death

Question 39

advantages of partnership

Answer 39

pooling of resources | no formal organ structure

Question 40

disadv of partnership

Answer 40

``` unlimited liability of both partners personal assets can be taken only taxed once difficult to transfer terminates upon death ```

Question 41

limited partnership advant

Answer 41

limited liability | single taxation

Question 42

disadvant of limited partnership

Answer 42

file certificate of organ | pay annual fee

Question 43

advant of corporation

Answer 43

separate legal entity perpetual life easy to transfer risk of loss limited to capital invested

Question 44

disadvant of corporaiton

Answer 44

double taxation filing documents payment of annual fees