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WorksheetsFoundations - Fall Final - Take Home
Total questions: 159
Worksheet time: 1hrs 20mins
Name
Class
Date
1.
Which of these statements about the duty elelment of negligance claims is true:
a)
You can have a legal duty without a moral duty
b)
You can have a moral duty without a legal duty
c)
Both of these are true
d)
Neither of these are true
2.
Which of these is a true general statement about the duty elelment of negligance:
a)
It is an objective standard
b)
It is a subjective standard
c)
All of these are true
d)
None of these are true
3.
Which of these is an exception to the general rule that the duty elelment of negligence is an objective test:
a)
Children
b)
Defendants without knowledge
c)
Cost versus benefit
d)
None of these are true
e)
All of these are true
4.
Which of these is an exception to the general rule that the duty elelment of negligance is an objective test:
a)
Physical Characteristics of the Defendant
b)
Defendants without knowledge
c)
Cost versus benefit
d)
None of these are true
e)
All of these are true
5.
Which of these is an exception to the general rule that the duty elelment of negligance is an objective test:
a)
Mental Condition or Capacity of the Defendant
b)
Defendants without knowledge
c)
Cost versus benefit
d)
None of these are exceptions
e)
All of these are exceptions
6.
Which of these eliminates the need to prove causation and damages in a negligence claim:
a)
Negligence per se
b)
Res Ipsa Loquitur
c)
Neither of these
d)
Both of these
7.
Which of these is filed after both sides present their case, but BEFORE the jury decides on a verdict:
a)
Motion for directed verdict
b)
Motion for judgment J.N.O.V.
c)
Both of these
d)
Neither of these
8.
Which of these is filed after AFTER the jury decides on a verdict:
a)
Motion for directed verdict
b)
Motion for judgment J.N.O.V.
c)
Both of these
d)
Neither of these
9.
Which of these motions asks the judge to decide that no reasonable jury could enter a verdict against the party that filed the motion:
a)
Motion for directed verdict
b)
Motion for judgment J.N.O.V.
c)
Both of these
d)
Neither of these
10.
True or False. If there is no duty there can be no negligence.
a)
True
b)
False
11.
True or False. If the defendant hurt the plaintiff, that proves the defendant breached some duty, since we all have a duty to avoid hurting each other.
a)
True
b)
False
12.
True or False. The "reasonable person" does not make mistakes.
a)
True
b)
False
13.
True or False. The "reasonable person" is always reasonable.
a)
True
b)
False
14.
True or False. The reasonable person test takes into account the mental capacity of the defendant.
a)
True
b)
False
15.
True or False. The reasonable person test takes into account the physical charecteristics of the plaintiff.
a)
True
b)
False
16.
True or False. Children normally have the same duty of care as adults.
a)
True
b)
False
17.
Which of these are true statements:
a)
In deciding whether the defendant is negligent, we consider what a reasonable person would know about the situation.
b)
In deciding whether the defendant is negligent, we only consider what the defendant actually knew - they can't be liable for something they didn't know
c)
Neither of these
d)
Both of these
18.
When Ernesto was a 5 years old, he stole his mom's car keys and slammed the family car into a Starbucks building (he thought that was what "drive through" meant). When Starbucks sues Ernesto for negligence, they will have to prove:
a)
That a reasonable person would not have done what Ernesto did
b)
That 5 year old with the same intelligence and experience as Ernesto would not have done what Ernesto did
c)
That Ernesto's actions were intentional
d)
That Ernesto's actions violated a statute
19.
If the elements of res ipsa are met, then:
a)
The burden shifts to the defendant to show that they were not negligent.
b)
The burden stays with the defendant to show that the plaintiff was negligent.
c)
All four elements of the negligence claim are met.
d)
None of these - res ipsa doesn't have anything to do with negligence claims.
20.
Who has the burden of proof on the duty and breach elements in a res ipsa loquitur case?
a)
The Plaintiff
b)
The Defendant
21.
If a patient goes into surgery to have his right leg amputated, but wakes up from surgery and discovers that his left leg has been amputated, the plaintiff has the burden of proof for which of these elements:
a)
duty
b)
breach
c)
causation
d)
damages
22.
A drunk man stumbles onto a train track, passes out, and gets his leg severed when a train comes down the track. The railroad violated a state statute that required them to have gates at railroad crossings to keep livestock and children from wandering on to the tracks. To win at trial, the plaintiff must prove:
a)
duty
b)
breach
c)
causation
d)
damages
23.
A statute requires that ship owners who haul livestock build pens that will keep the animals separate, so disease doesn't spread while the animals are on board. Because the owner doesn't have pens on the ship, some sheep are washed overboard during a storm and drown. To win at trial, the plaintiff must prove:
a)
duty
b)
breach
c)
causation
d)
damages
24.
Which of these statements about the "right to remain silent" is true:
a)
It is a right created by statute
b)
It is a right created by the US Constitution
c)
It is a right created by contracts
d)
It is not a "right" at all
25.
Which of these statements about duties is NOT true :
a)
You may have a legal duty to do something, but not a moral duty.
b)
You may have a moral duty to do something, but not a legal duty.
c)
Legal duties can arise from case law, statutes, or the constitution.
d)
Courts decide cases based on legal duties, which may or may not line up with moral duties
e)
Courts decide cases based on moral duties, which may or may not line up with moral duties
26.
In which of these medical malpractice cases would the plaintiff need a medical expert witness:
a)
The doctor amputated the wrong leg
b)
The doctor left a surgical sponge in the patient's abdomen
c)
The patient died during a complex kidney transplant operation
d)
None of these
e)
All of these
27.
Under the Learned Hand formula, a reasonable person takes preventive measures if the burden/cost of those measures:
a)
Outweighs the reduction of "risk"
b)
Is less than the reduction of "risk"
c)
Is industry standard
d)
Is res ipsa
e)
Is per se
28.
The test used to decide whether a child is negligent when they do something that normally only adults do is:
a)
objective
b)
subjective
c)
neither of these
d)
both of these
29.
In malpractice cases, expert testimony:
a)
is normally required to prove that the defendant breached their duty
b)
is not required to prove that the defendant breached their duty when the defendant did something that most people would know breached the reasonable person standard (like forgetting a sponge inside the patient)
c)
Both of these
d)
Neither of these
30.
When is a motion in limine filed?
a)
Before trial
b)
During trial
c)
After trial
31.
What does a motion in limine do?
a)
Asks the judge to exclude evidence
b)
Asks the judge to grant summary judgment
c)
Asks the judge to enter a judgment notwithstanding the verdict
d)
Asks the judge to buy everyone pizza
32.
True or False. In malpractice cases, the jury is told to decide what a reasonable person would have done.
a)
True
b)
False
33.
True or False. If the plaintiff meets the four elements of res ipsa, then the defendant has the burden to prove that they were not negligenct.
a)
True
b)
False
34.
True or False. A defendant must only exercise ordinary care, even if they set a higher standard for themselves.
a)
True
b)
False
35.
True or False. If the defendant is the person most likely to have caused the accident, the "in control" requirement of res ipsa is met.
a)
True
b)
False
36.
True or False. If the elements of neligence per se are met, the jury can still find that the defendant is not negligent.
a)
True
b)
False
37.
True or False. If the elements of res ipsa are met, the jury can still find that the defendant is not negligent.
a)
True
b)
False
38.
True or False. Industry custom is only relevant if the defendant adopted the custom.
a)
True
b)
False
39.
True or False. Evidence of a defendant's policies are relevant to show what the defendant believed a reasonable person would do.
a)
True
b)
False
40.
[B2] Ubiquity is:
a)
A. Being obedient or attentive to an excessive or servile degree.
b)
B. A person who acts excessively attentive toward someone important in order to gain advantage.
c)
C. The quality of tending to talk a great deal.
d)
D. The quality of being everywhere at once, common or well known.
41.
If the defendant fails to do something that a reasonable person would do, that is _______.
a)
nonfeasance.
b)
malfeasance.
c)
Neither of these.
d)
Both of these.
42.
If the defendant does something that a reasonable person would not do, that is _______.
a)
nonfeasance.
b)
malfeasance.
c)
Neither of these.
d)
Both of these.
43.
True or False. If the plaintiff gets past duty and breach, they still have to show that the breach caused them some injury.
a)
True
b)
False
44.
True or False. If an intervening cause is foreseeable, it is a superseding cause that cuts off liability.
a)
True
b)
False
45.
True or False: Foreseeability is normally a fact question for the jury to decide.
a)
True
b)
False
46.
In a diversity case filed in Kansas, the court will apply the law _____
a)
of the state where the negligent act happened.
b)
of the state where the plaintiff was injured.
c)
of the state with the most substantial interest in the issue.
d)
none of these.
47.
Which of these is NOT a way of saying actual cause:
a)
Direct cause
b)
But-for-cause
c)
Sine Quo Non
d)
Proximate Cause
e)
If it weren't for . . . .
48.
In which of these examples is the proximate cause requirement NOT met:
a)
Chris runs the stop sign at 53rd and Rock, and almost crashes into Robert Thomas Williams III (aka "4th place"). 4th Place is so mad that he runs the stop sign at 45th street and crashes into Lennon (aka "I just want to say . . . ")
b)
Defendant runs over a pet turtle and crushes its shell
c)
Defendant leaves a sponge in the abdomen of the patient and the sponge blocks the digestive track
d)
The defendant improperly adjusts the brakes, and the plaintiff's car crashes into a tree
e)
Flu vaccine infects patients with flu virus, making them all sick
49.
Which of these are ways the law has made it easier for the plaintiff to prove proximate causation:
a)
None of these
b)
Res ipsa loquitur
c)
Negligence per se
d)
Alternative liability
e)
Market share liability
50.
_____ acts break the chain of causation and cut off liability of the defendant.
a)
Intervening
b)
Superceding
51.
Something that happens between the negligence of the defendant and the injury to the plaintiff is a _____ cause if it was not reasonably foreseeable.
a)
Intervening
b)
Superceding
52.
Who normally decides whether an injury is foreseeable?
a)
Judge
b)
Jury
c)
Plaintiff
d)
Defendant
e)
A reasonable person
53.
Defendant pays to fix your wrecked car. Those damages are:
a)
Medical expenses
b)
Property damage
c)
Lost income
d)
Loss of companionship
54.
Defendant pays to fix your wrecked car. Those damages are:
a)
Damages to punish the defendant
b)
Damages to compensate the plaintiff
55.
Defendant pays to put your broken arm in a cast. Those damages are:
a)
Pain and suffering
b)
Medical expenses
c)
Property damage
d)
Lost income
56.
Which of these statements about the collateral source rule is NOT true:
a)
It requires defendants to provide some collateral, in case they can’t pay the jury verdict.
b)
Even if the plaintiff recovers the cost of repair from their insurance company, they can still recover the cost of repair from the plaintiff
c)
Even if the plaintiff recovers their lost income from unemployment, they can still recover their lost income from the plaintiff
d)
It can result in the plaintiff getting a double-recovery - aka a "windfall."
57.
Which TWO of these statements about comparative fault are true:
a)
Plaintiff's recovery is reduced by their percentage of fault
b)
The focus is on the plaintiff's conduct before the damages, and before the plaintiff knew about the damages
c)
Plaintiff cannot recover for damages that they could reasonably have avoided
d)
The focus is on the plaintiff's conduct after the damages, and after the plaintiff knew about the damages
58.
Which TWO of these statements about mitigating damages is true:
a)
Plaintiff's recovery is reduced by their percentage of fault
b)
The focus is on the plaintiff's conduct before the damages, and before the plaintiff knew about the damages
c)
Plaintiff cannot recover for damages that they could reasonably have avoided
d)
The focus is on the plaintiff's conduct after the damages, and after the plaintiff knew about the damages
59.
True or False. The general rule is that you owe a duty to help others.
a)
True
b)
False
60.
How do most plaintiffs in negligence cases pay for their attorney:
a)
Contingent fees.
b)
Hourly rates.
c)
The defendant pays the plaintiff's attorney - but only if the plaintiff wins the case.
d)
None of these.
61.
How do most defendants in negligence cases pay for their attorney:
a)
Contingent fees.
b)
Hourly rates.
c)
The plaintiff pays the defendant's attorney - but only if the defendant wins the case.
d)
None of these.
62.
Which of these statements about contingent fees is true:
a)
Neither of these are true
b)
Both of these are true
c)
In a contingent fee arrangement, the plaintiff’s attorney gets a percentage of the judgment.
d)
In a contingent fee arrangement, the plaintiff’s attorney gets nothing if the defendant wins the case.
63.
Which of these statements about wrongful death actions is true:
a)
If the defendant’s negligence kills someone, surviving family members can sue on behalf of the deceased.
b)
Surviving family members can recover whatever damages the deceased could have recovered.
c)
They often include claims for loss of consortium
d)
All of these are true
e)
None of these are true
64.
Which damages are intended to pay the plaintiff for their injuries:
a)
Compensatory
b)
Punitives
c)
Both of these
d)
Neither of these
65.
Which damages are intended to punish the defendant for their willful or wanton conduct:
a)
Compensatory
b)
Punitives
c)
Both of these
d)
Neither of these
66.
Which damages are intended to discourage others from doing what the defendant did:
a)
Compensatory
b)
Punitives
c)
Both of these
d)
Neither of these
67.
Which four of these are monetary damages:
a)
Lost income
b)
Medical bills
c)
Property damage
d)
Attorneys' fees
e)
Emotional distress
68.
Which three of these are non-monetary damages:
a)
Emotional distress
b)
Pain and suffering
c)
Loss of companionship
d)
Lost income
e)
Medical bills
69.
In a property damages case, the plaintiff can recover:
a)
The cost to repair if it is higher than the decrease in value
b)
The cost to repair if it is lower than the decrease in value
c)
Both the cost to repair and the decrease in value
d)
Neither the cost to repair or decrease in value
70.
True or False. The the winner of negligence cases normally recovers attorneys fees from the defendant.
a)
True
b)
False
71.
If it would cost $2,000 to fix your smashed-up car, but your car is only worth $1,000, how much are your damages:
a)
$0
b)
$1,000
c)
$2,000
d)
$3,000
72.
In a property damage case, the _____ has the burden of proving the cost to repair.
a)
plaintiff
b)
defendant
73.
In a property damage case, the _____ has the burden of proving that the decrease in value of the damaged property is less than the cost to repair.
a)
plaintiff
b)
defendant
74.
Licensees:
a)
Have permission to be on the property, but are not there for a business purpose.
b)
Don't have permission to be on the property.
c)
Have permission to be on the property, and are there for a business purpose.
d)
Must be an employee
e)
Must be acting within the scope of their authority
75.
Trespassers:
a)
Have permission to be on the property, but are not there for a business purpose.
b)
Don't have permission to be on the property.
c)
Have permission to be on the property, and are there for a business purpose.
d)
Must be an employee
e)
Must be acting within the scope of their authority
76.
Invitees:
a)
Have permission to be on the property, but are not there for a business purpose.
b)
Don't have permission to be on the property.
c)
Have permission to be on the property, and are there for a business purpose.
d)
Must be an employee
e)
Must be acting within the scope of their authority
77.
For respondent superior to apply, the torfeasor must:
a)
Have permission to be on the property, but are not there for a business purpose.
b)
Not have permission to be on the property.
c)
Have permission to be on the property, and are there for a business purpose.
d)
Be an employee
e)
Be acting within the scope of their authority
78.
True or False. Under the general rule, property owners have a duty to warn social guests.
a)
True
b)
False
79.
True or False. If a property owner knows that people trespass on the property, the owner has a duty to make the property safe.
a)
True
b)
False
80.
True or False. If you invite someone to your home, they are an invitee.
a)
True
b)
False
81.
True or False. The attractive nuisance doctrine only applies to children.
a)
True
b)
False
82.
True or False. An invitee is a social guest.
a)
True
b)
False
83.
True or False. A licensee is on the property for a business purpose.
a)
True
b)
False
84.
Which of these are true statements about the general duty that a property owner owes to a trespasser:
a)
They have a duty to inspect for dangers
b)
They have a duty to reduce dangers
c)
They have a duty to warn about dangers
d)
All of these
e)
None of these
85.
An employer can be liable for which of these acts, if they are committed by an employee in the scope of employment:
a)
Intentional torts
b)
Neglgigence
c)
Acts that the employer prohibits
d)
Driving to or from work
86.
True or False. States can't be sued unless they give permission to be sued.
a)
True
b)
False
87.
Which legal principle applies to: Ashley drives down Rock Road at night with her headlights off and runs over Mr. K on his bicycle.
a)
Attractive nuisance
b)
Known trespasser
c)
Res Ipsa Loquitur
d)
Negligence per se
e)
Repondeat Superior
88.
Which legal principle applies to: An attractive child wonders into her neighbor's yard, and falls into a swimming pool that was not fenced in.
a)
Attractive nuisance
b)
Known trespasser
c)
Res Ipsa Loquitur
d)
Negligence per se
e)
Repondeat Superior
89.
Which legal principle applies to: An attractive airplane crashes and kills all the attractive people on board.
a)
Attractive nuisance
b)
Known trespasser
c)
Res Ipsa Loquitur
d)
Negligence per se
e)
Repondeat Superior
90.
True or False. The Kansas statute that abolished claims for wrongful birth violated the right to jury trial granted in the Kansas Constitution.
a)
True
b)
False
91.
Statutes that abolish specific types of negligence claims:
a)
Always violate the constitutional right to jury trial
b)
Never violate the constitutional right to jury trial
c)
Only violate the right to jury trial if the claim that is abolished was NOT recognized when the constitution was ratified.
d)
Only violate the right to jury trial if the claim that is abolished WAS recognized when the constitution was ratified
92.
Intentionally leaving a prisoner naked in a freezing cell that is filled with human feces violates:
a)
Federal Torts Claims Act
b)
The 8th Amendment prohibition on cruel and unusual punishment
c)
All of these
d)
None of these
e)
Section 1983
93.
Which of these gives a right to sue to a prisoner who intentionally left naked in a freezing cell that is filled with human feces?
a)
Federal Torts Claims Act
b)
Both of these
c)
Neither of these
d)
Section 1983
94.
Section 1983 applies to:
a)
Employees of State governments
b)
Employees of the federal government
c)
Neither of these
d)
Both of these
95.
When the 8th Amendment was passed, it prohibited cruel and unusual punishment by ______.
a)
Employees of State governments
b)
Employees of The federal government
c)
Neither of these
d)
Both of these
96.
True or False: Under contributory negligence, if a plaintiff is even just little bit negligent, they can't recover anything from the defendant.
a)
True
b)
False
97.
True or False: Under compartive fault, if a plaintiff is even just little bit negligent, they can't recover anything from the defendant.
a)
True
b)
False
98.
The “reasonable person” analysis applies to determine:
a)
whether the plaintiff is negligent
b)
whether the defendant is negligent
c)
both of these
d)
neither of these
99.
Under _______ the plaintiff can recover even if their negligence contributes 51% to their injury, but their recovery is reduced by 51%.
a)
Pure comparative fault
b)
Contributory negligence
c)
Comparative fault
d)
All of these
e)
None of these
100.
Under _______ the plaintiff can't recover anything if they were negligent.
a)
Pure comparative fault
b)
Contributory negligence
c)
Comparative fault
d)
All of these
e)
None of these
101.
In a state that applies the ____ rule, the plaintiff CAN recover if their negligence is equal to the defendant's negligence. '
a)
Less than
b)
Greater than
c)
Both of these
d)
Neither of these
102.
Kansas applies the ____ rule in comparative fault cases.
a)
Less than
b)
Greater than
c)
Both of these
d)
Neither of these
103.
Is contributory negligence a defense to itentional torts?
a)
Yes
b)
No
c)
Maybe
104.
Is comparative fault a defense to itentional torts?
a)
Yes
b)
No
c)
Maybe
105.
True or False. Kansas follows "pure comparative fault."
a)
True
b)
False
106.
Which of these are ways that different states handle allocation of fault when a defendant settles before trial:
a)
The jury assigns a percentage fault to the settling defendant
b)
The non-settling defendants get a credit for the settlement amount
c)
Both of these
d)
Neither of these
107.
Which of these are ways that Kansas handles allocation of fault when a defendant settles before trial:
a)
The jury assigns a percentage fault to the settling defendant
b)
The non-settling defendants get a credit for the settlement amount
c)
Both of these
d)
Neither of these
108.
The primary immunity is for _____
a)
government employees
b)
lawyers
c)
accountants
d)
rich people
109.
Under the FTCA, government employees can be sued for which of these:
a)
Negligence that does NOT involve a discretionary function
b)
Failing to follow a mandate in a statute
c)
Failing to follow a mandate in their own policy
d)
Negligence that involves a discretionary function
e)
Negligence that involves a policy judgment by a government employee
110.
True or False. Section 1983 allows people to sue employees of the U.S. government who violate their constitutional rights.
a)
True
b)
False
111.
True or False: A statute of limitations begins to run when the wrongful act takes place.
a)
True
b)
False
112.
True or False: A statute of repose begins to run when the wrongful act takes place.
a)
True
b)
False
113.
True or False: A statute of repose begins to run when the claim "accrues."
a)
True
b)
False
114.
Under the discovery rule, the statute of limitations starts to run:
a)
Not until the plaintiff discovers the defendant was negligent.
b)
Not until the plaintiff discovers how badly they are injured
c)
Not until the plaintiff discovers that they are injured.
d)
None of these - the discovery rule does not apply to the statute of limitations
115.
When the defendant is a child or is mentally impaired, which two of these does the plaintiff have to prove in a battery case:
a)
The defendant intended the contact
b)
The defendant intended to cause some offensive or harmful consequence
c)
The defendant intended the harm that actually results
d)
The defendant intended to act like a child
116.
In most battery cases, which of these does the plaintiff have to prove in a battery case:
a)
The defendant intended the contact
b)
The defendant caused contact
c)
The defendant intended the harm that actually results
d)
The defendant intended to act like a child
117.
Which two of these are required for self defense:
a)
Defendant intended offensive or harmful contact
b)
Defendant caused offensive or harmful contact
c)
Both of these
d)
Neither of these
118.
Which of these is the Duty to Retreat Rule :
a)
Self defense isn't available if the defendant could have ran away instead of fighting
b)
Defendant intended offensive or harmful contact
c)
Defendant caused offensive or harmful contact
d)
Reasonable belief that force was needed
e)
The force used was reasonable
119.
Which of these is the Stand Your Ground Rule :
a)
Self defense is available even if the defendant could have ran away instead of fighting
b)
Defendant intended offensive or harmful contact
c)
Defendant caused offensive or harmful contact
d)
Reasonable belief that force was needed
e)
The force used was reasonable
120.
Which of these is required to support a claim for battery:
a)
Contact that is harmful
b)
Contact that is offensive
c)
Either of these
d)
Both of these
121.
True or False. In states with stand your ground laws, self defense is a defense even if defendant used more force than was reasonably necessary.
a)
True
b)
False
122.
True or False. An assault claim requires that the plaintiff fear harmful or offensive contact.
a)
True
b)
False
123.
True or False: It is a trespass if you are invited to a party, but then refuse to leave when asked.
a)
True
b)
False
124.
When does the statute of limitations begin to run for pollution that migrates to neighboring properties:
a)
Not unitl contamination stops entering plaintiff's land.
b)
Once the defendant stops contaminating groundwater.
c)
Once the first contamination enters plaintiff's land.
d)
Once the defendant starts contaminating groundwater.
125.
This type of defamation is spoken:
a)
libel
b)
slander
c)
both of these
d)
neither of these
126.
True or False. Some statements are so slanderous that damages are assumed - the plaintiff doesn't need to prove damages. This is called slander per se.
a)
True
b)
False
127.
Which of these is NOT required for a statement to be defamatory against someone who is NOT a public figure:
a)
The statement is false
b)
The statement is published and causes damage
c)
The statement causes damage
d)
The defendant knows the statement is false
128.
If the defendant does not know that the statement was false, then there is no _____.
a)
Publication
b)
False statement
c)
Damage to Plaintiff's reputation
d)
Malice
129.
Which of these is the plaintiff not required to prove, if the plaintiff is not a public figure:
a)
Publication
b)
False statement
c)
Damage to Plaintiff's reputation
d)
Malice
130.
Which of these is the plaintiff required to prove, if the plaintiff is a public figure:
a)
Publication
b)
False statement
c)
Damage to Plaintiff's reputation
d)
Malice
131.
If the defendant only makes the untrue statement to the plaintiff, then there is no _____.
a)
Publication
b)
False statement
c)
Damage to Plaintiff's reputation
d)
Malice
132.
If the defendant's false statement causes the same damage that a true statement, ______.
a)
Under the substantial truth doctrine, the plaintiff can recover for damage to her reputation.
b)
Under the substantial truth doctrine, the plaintiff cannot recover for damage to her reputation.
c)
Under the First Amendment right to free speech, the plaintiff can recover for damage to her reputation.
d)
Under the First Amendment right to free speech, the plaintiff cannot recover for damage to her reputation.
133.
True or False. Saying mean things to the plaintiff is defamation.
a)
True
b)
False
134.
True or False. A statement of opinion normally can not be slander or libel.
a)
True
b)
False
135.
True or False. Parents are normally liable for damages caused by their children’s negligent acts.
a)
True
b)
False
136.
Parents are liable for torts that their children commit, if ______.
a)
The child committed an intentional tort and intended to harm the plaintiff or the plaintiff's property.
b)
The child was doing something that normally only adults do.
c)
Parents are always liable for torts that their children commit.
d)
Parents are never liable for torts that their children commit.
137.
What is the primary purpose of a marriage license?
a)
Plan the wedding
b)
Verify identity and eligibility
c)
Record the marriage ceremony
d)
Issue a certified copy of the license
138.
What document proves that a couple is legally married?
a)
Wedding invitation
b)
Marriage license
c)
Engagement ring
d)
Marriage certificate
139.
What are the three basic steps in the process of getting married in most states?
a)
Plan, officiate, celebrate
b)
Apply for a job, ceremony, sign a contract
c)
Apply for and get a marriage license, have a ceremony, sign the marriage certificate
d)
Verify identity, get parental consent, obtain a marriage license
140.
What is the purpose of waiting periods after obtaining a marriage license in some states?
a)
Plan the wedding
b)
Prevent spur-of-the-moment weddings
c)
Verify identity
d)
Expedite the marriage process
141.
True or False. Waiting periods are in place to prevent impulsive, last-minute weddings.
a)
True
b)
False
142.
People below the minimum required age can still get married:
a)
If their mother consents
b)
If their father consents
c)
If either their mother or father consent
d)
If both their mother and father consent
143.
Which relatives are typically prohibited from marrying each other?
a)
First cousins
b)
Siblings
c)
Grandparents and grandchildren
d)
All of the above
144.
The reason that most states give for prohibiting polygamy is:
a)
Shared DNA is more likely to pass on harmful recessive traits
b)
It is often accompanied by abuse and exploitation
c)
Neither of these
d)
Both of these
145.
The reason that most states give for prohibiting marriage between close relatives is:
a)
Shared DNA is more likely to pass on harmful recessive traits
b)
It is often accompanied by abuse and exploitation
c)
Neither of these
d)
Both of these
146.
The 2015 U.S. Supreme Court ruling in Obergefell v. Hodges required all states to legally recognize:
a)
Marriages between couples of the same sex
b)
Marriages between close relatives
c)
Polygamy
d)
All of these
e)
None of these
147.
What is the legal status of engagement rings in most states?
a)
Absolute gifts
b)
Conditional gifts
c)
Both of these
d)
Neither of these
148.
In most states where engagement rings are conditional, the person who was given the ring must return it if:
a)
The couple gets divorced
b)
The person who was given the ring decided to call off the wedding
c)
The person who was given the ring did something that caused the other person to call off the wedding
d)
The wedding is called off by either person, for any reason
149.
True or False. In most states, there is no minimum age requirement for obtaining a marriage license.
a)
True
b)
False
150.
True or False. Engagement rings are normally considered separate property gifts in the case of divorce, regardless of who caused the divorce.
a)
True
b)
False
151.
Which of these is required for a common law marriage:
a)
Living together
b)
Public recognition
c)
Mutual intention to be spouses
d)
Religious or civil ceremony
e)
Mutual love and affection
152.
What legal status do couples in common law marriages have?
a)
None of the rights or obligations that married couples have
b)
The same rights and obligations as married couples
c)
The same rights, but not obligations, as married couples
d)
The same obligations, but not rights, as married couples
153.
How many states in the U.S. allow couples to establish new common law marriages?
a)
All 50 states
b)
Eight states
c)
Fifteen states
d)
Twenty-five states
154.
Does Kansas recognize common law marriages?
a)
Yes
b)
No
c)
Maybe
155.
In Kansas, what cohabitation period is required before there can be a common law marriage?
a)
At least one year
b)
There is no minimum cohabitation period
c)
At least six months
d)
It depends on the age of the parties
156.
True or False. Unmarried couples who live together generally have clear property rights under state laws when they separate.
a)
True
b)
False
157.
Before the Marvin case in 1976, courts generally did not enforce cohabitation agreements because:
a)
The consideration for the agreement was sex, which is illegal.
b)
The consideration for the agreement was indentured servitude, which is illegal.
c)
There was no mutual agreement between the parties.
d)
All of these.
e)
None of these - cohabitation agreements have always been enforced.
158.
Which of these are owned together by both spouses:
a)
Property that one of the spouses bought with the income that that spouse earned during the marriage.
b)
Property that the spouses bought together while they were married.
c)
Property that was bought during the marriage, but only has one name on the title.
d)
Property that one of the spouses owned before the marriage.
e)
Property that was given to one of the spouses before the marriage.
159.
True or False. The famous Marvin case in the 1970s changed the legal age for marriage.
a)
True
b)
False
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