Pre-Business Law Examination
Part One: Legal Theory ConceptsCircle the best answer.
1) Which of the following elements are required to have tort?
a) damages that are proximately cause.
b) an injury to a person
c) a duty recognized at law
d) wrongful conduct
e) a breech of a duty
2) In order for conduct to be considered criminal, that conduct must?
a) cause harm to another person
b) injure another person’s property
c) prohibited by statute and provide punishment
d) violate a common law duty
e) be determined to be criminal by a judge
3) Which best describes what the Constitution of the United States does legally for its citizens? (Not any of the amendments)
a) a format for the operation of the government
b) a restriction on government authority
c) a bunch of concepts and beliefs that were created by our forefathers
d) merely creates 3 branches of government
e) protects freedom of religion, speech, and press.
4) Which legal theory contains the following elements; namely, mutual assent, consideration, capacity, and legality?
a) bailment
b) torts
c) constitutional law
d) criminal law
e) contracts
5) What is the area of law called when the government delegates some of its authority to a specially created body for special or enforcement purposes?
a) police power
b) assignments
c) the law of agency
d) transfer of authority
e) administrative law
Part Two: Readthe following brief fact situations and analyze which legal theories can be applied in that situation. There may be more than one theory applicable to the facts. Circle the correct answer(s).
6) Mickey takes Donald’s lawn mower out of Donald’s garage without permission and uses it to mow his grass.
a) Tort
b) Contract
c) Criminal
d) Constitutional
e) Administrative
7) Donald breaks into Mickey’s shed (which is locked) and takes his lawn mower back.
a) Tort
b) Contract
c) Criminal
d) Constitutional
e) Administrative
8) Mickey promises to pay Donald twenty-five dollars ($25.00) to use Donald’s lawn mower to mow his grass. He told Donald that the lawn mower didn’t work correctly and only paid him ten dollars ($10.00).
a) Tort
b) Contract
c) Criminal
d) Constitutional
e) Administrative
9) Minnie is driving home at 2:00 o’clock A.M. when she is stopped (with lights and siren) by Deputy Goofy of the Sheriff’s Department. Minnie has done nothing wrong, Goofy just wants to ask her for a date.
a) Tort
b) Contract
c) Criminal
d) Constitutional
e) Administrative
10) The University refuses to allow you to organize a rally in support of the “gay” candidate for a political office.
a) Tort
b) Contract
c) Criminal
d) Constitutional
e) Administrative