1) Robert goes to the liquor store, pulls out what appears to be a gun, and says, "Give me all your money, or I'll
kill you." The clerk gives Robert all the money in the register. As Robert leaves the liquor store, he spots a policeman across the street and begins to run. At that moment, the clerk comes out of the store and shouts to the policeman that he's just been robbed. The policeman tackles Robert and discovers that Robert's gun was actually just a water pistol. Which of the following statements is true?
A. Robert isn't guilty of robbery because the gun wasn't capable of causing harm.
B. Robert is guilty of robbery because he used the threat of force to commit a theft.
C. Robert isn't guilty of robbery because he didn't use force to accomplish the theft.
D. Robert is guilty of robbery because he committed theft.
2) Nicole drives a truck for Timely Trucking, Inc. One day, while making a delivery for her company, Nicole
negligently runs over a small child. Which of the following statements is true?
A. Timely Trucking will be liable for damages under the doctrine of dangerous instrumentality.
B. Timely Trucking will be liable for damages under the doctrine of respondeat superior.
C. Timely Trucking will be liable for damages unless at the time of the accident Nicole was acting within the scope of her duties as an employee for Timely Trucking.
D. Nicole alone will be liable for the damages.
3) Sally tells all of her neighbors that the meat in the meat department at Greg's Grocery is spoiled. This causes
Greg to lose business and thereby suffer monetary loss. An appropriate remedy for Greg against Sally is an action for
A. invasion of privacy.
B. fraudulent misrepresentation if the statements are false.
C. invasion of privacy if the statements are false.
D. disparagement if the statements are false.
4) Renaldo is driving to church one morning when he discovers that his usual route is blocked due to construction.
He takes a different avenue but becomes lost. He stops to ask for directions, and a prostitute approaches him and offers to have sex in exchange for money. Renaldo is offended and says he would never do such a thing. The prostitute persists in her efforts and presents the proposal in an enticing way. Finally, Renaldo agrees, provided she will give him directions on how to get to church. The prostitute
reveals that she is a police officer in disguise and arrests Renaldo. Renaldo was
A. not entrapped because the person he asked for directions was dressed like a prostitute.
C. not entrapped, as he agreed to give money for sex.
D. entrapped because he couldn't say no.
5) Tom breaks into Sally's house with the intention of stealing her jewelry, which is a felony. Unfortunately for
Tom, when he breaks into the house, he finds a policeman waiting in Sally's bedroom to arrest him. Tom is charged with burglary. Which of the following statements is true?
A. Tom has committed burglary.
B. Tom can be charged only with attempted burglary because he didn't steal anything.
C. Tom has the defense of entrapment because the police were waiting for him.
D. Tom can't be guilty of burglary because he was arrested before he stole anything.
6) John breaks up with his girlfriend Sally. Sally is very angry, so to get back at John she takes a picture of John
and pastes the image onto a photo of a group of terrorists so it creates the appearance that John is a member of a terrorist organization. Sally posts the photo on the Internet. John can sue for which type of invasion of privacy?
B. Creating a false light
D. Revelation of confidential records
7) Nicole points a gun at Sally. Nicole has committed
A. assault if Sally saw Nicole point the gun.
B. assault regardless of whether Sally saw Nicole point the gun.
C. neither battery nor assault.
8) Sam went to E-Z Shop to pick up some groceries. Sam was in a bit of a hurry and began walking swiftly down
the aisles of the store. Sam forgot about a nagging knee injury that often reemerged when he moved too quickly. Sure enough, as Sam was briskly walking down aisle 9, where a store employee had neglected to clean up a spill, Sam's trick knee went out, and he fell to the floor just before he reached the spill. If E-Z Shop avoids liability in this case, it will probably be because
A. the store didn't owe a duty to Sam.
B. Sam didn't suffer any legally recognizable injury.
C. the store didn't breach any duty it owed to Sam.
D. the store's breach of duty didn't cause Sam's injury.
9) Zeke takes his gun to the mall and begins firing randomly in the direction of a crowd of shoppers, but without
aiming at anyone in particular. One of his shots causes death, and he is charged with homicide. What criminal state of mind has Zeke exhibited in this instance?
10) Peter Prosecutor has an argument with his next-door neighbor, Tom, over a boundary line. When Tom refuses
to concede to Peter's demands over the location of the boundary line, Peter charges Tom with criminal mischief, even though there aren't any grounds for doing so. The charges are dismissed. Tom can sue Peter for what tort?
A. Malicious prosecution
11) Evan gives Zeke $200 to buy tickets for Evan and his girlfriend to attend a rock concert. Instead, Zeke spends
the money to purchase video games. Evan finds out and wants to know if Zeke can be charged with a crime. Zeke has committed
A. no crime, but can be sued in civil court.
12) Tom suffers from epilepsy. During an attack, his arm spasms, striking Zeke and causing serious injury. Tom is
charged with battery. His defense will be
B. his state of mind was merely reckless, not intentional.
C. Tom has no defense.
D. his action was involuntary.
13) Terry was driving a car that collided with Bob's car. Bob suffered $100,000 in damage. Bob was 20 percent at
fault and Terry was 80 percent at fault. Which of the following statements is true?
A. Bob will collect $80,000 in a jurisdiction that follows contributory negligence.
B. Bob will collect $60,000 in a jurisdiction that follows comparative negligence.
C. Bob will collect nothing in a jurisdiction the follows comparative negligence.
D. Bob will collect $80,000 in a jurisdiction that follows comparative negligence.
14) Zeke is charged with homicide. If it's true that Zeke pulled the trigger and that someone died as a result, which
of the following statements is true?
A. Zeke can't be convicted of homicide unless he intended to kill.
B. Zeke's state of mind could affect the degree of homicide with which he should be charged.
C. Zeke didn't commit homicide unless his state of mind was purposive or knowing.
D. Zeke's state of mind is irrelevant in defining the crime with which he should be charged unless it constitutes a defense, such as insanity.
15) Tom commits a crime and is charged with a misdemeanor. Tom's wife Sally asks what can be the sentence if
Tom is convicted. Which of the following statements is true?
A. If Tom is convicted, he will get no more than a year in jail.
B. If Tom is convicted, he can get from zero to five years' incarceration.
C. If Tom is convicted, he must get a minimum of one year in jail.
D. If Tom is convicted, he can't be given jail time, only a fine.
16) Brewster has had it with his next-door neighbor, Steve. Steve constantly comes over to Brewster's house and
takes Brewster's tools without permission. Brewster decides he has had enough of this rude behavior. Brewster hides in the bushes and waits for Steve's next visit. As Steve begins to enter Brewster's garage, Brewster jumps out of the bushes before Steve can see him and gives Steve a sound thrashing. Brewster may be held liable for
D. emotional distress.
17) Robert is president of the United States. Tom, a journalist, publishes in the newspaper statements that Robert
has become a cocaine addict. If Robert sues Tom for defamation, Robert must prove that the statements were
A. Robert can't sue Tom due to the First Amendment to the U.S. Constitution.
B. false and made with actual malice.
C. either false or made with actual malice.
18) Zeke approaches Allen and says, "I know you're an invader from outer space planning to take over the world—
you must be stopped!" Then Zeke punches Allen in the nose. Zeke is charged with misdemeanor assault. Which of the following statements is true?
A. Zeke isn't guilty by reason of insanity because it's insane to believe that there's life in outer space.
B. Zeke isn't guilty by reason of insanity under the irresistible impulse test because he failed to resist the urge to punch Allen.
C. Zeke isn't guilty by reason of insanity under the M'Naughten rule if Zeke was suffering from a mental disease.
D. Zeke is guilty, regardless of his state of mind, as insanity is a defense only to felonies.
19) Nicole is shopping at Big Store when an employee prevents her from leaving and accuses her of shoplifting in
front of other customers. Nicole is determined to be innocent, and the store is determined not to have had reasonable grounds to detain her. Nicole has a claim for
A. defamation and false imprisonment.
B. defamation only.
C. false imprisonment only.
D. defamation and invasion of privacy.
20) In which of the following situations might an individual or corporation be held strictly liable for any resulting
A. Company A transports explosives. During one transport, the truck carrying the explosives hits another car, and several passengers in the other vehicle suffer injuries.
B. Company B breeds Toy Poodles. One of the poodles wanders over to Ms. Cleaver's house and relieves himself in her perfectly manicured lawn, destroying her prize roses.
C. Ed delivers pizzas for Pa's Pizza Delivery. One evening, Ed is in a particularly bad mood and decides he can't take another cheap person not giving him a tip. Charles fails to give Ed his tip. Overcome with rage, Ed attacks Charles, breaking his nose.
D. A customer slips and falls at a local grocery store because an employee failed to mop up some spilled milk.