FGCU BUL 3130 Exam 2 Questions with Answers (All Answers Correct)

Officer Tom stops Kathy because she looks like a criminal to him, and after a pat down finds marijuana in her pocket. He then uses the drugs to justify obtaining a warrant to search her home for more drugs. The search uncovers 8 kilos of cocaine. What evidence, if any, would be admissible at trial? - Neither the marijuana nor the cocaine would be admissible at trial. From least to most serious, crimes are classified as follows: - infractions/misdemeanors/felonies Which of the following is not a general category of torts? - criminal torts Which of the following is not a situation in which strict liability applies? - T.J. manufactures cheap clothing that falls apart after minimal use. It does not create a dangerous condition. Lindsay is Jon's manager and calls him into her office after everyone else has gone home for the day. She closes the door and tells Jon that he is a thief and that he must return items that he stole from the company. In fact, Jon is extremely honest and has never stolen anything in his life. He is extremely upset and starts to feel sick. - Lindsay has not committed a defamation tort. ABC Land Co. is negotiating the sale of an office building to Mega Co. Which laws will govern the contract for the sale of the building? - State common law Most advertisements in the mass media are not offers because they - do not contain a specific commitment to sell Something of value that is exchanged as part of an agreement is called - consideration Sam has contracted with Dave to purchase Dave's racing bike, with payment and delivery of the bicycle to be made 10 days after the contract was made. Three days later Sam hears that Dave is going to sell the bike to Gene in three days at a higher price. If Sam really wants the bike, what should he do? - Immediately seek injunctive reliefSally has just purchased a home and wants to have an in-ground pool installed. She calls Cool Pools, the company that put in her neighbors' pools. When the company rep comes to her property, he does some soil tests that are standard for the industry and gets the same results as he got when the other pools were put in, so the company gives her a price quote of $16,000. When Cool Pools begins excavating, it discovers solid rock four feet below ground level. The neighbors had no such rock. Cool Pools stops work and informs Sally that it will have to use explosives to remove the rock and the cost of the pool will now be $32,000. - Sally can have the contract discharged based on impracticability. In which of the following situations would anticipatory repudiation not be allowed? - Manny calls Moe and tells him that the sculpture he's creating for him is coming along slower than anticipated but he's pretty sure he'll be done by the contract deadline. In a shipping contract, the risk of loss passes to the buyer when - the goods are delivered to the carrier. For a writing to satisfy statute of frauds requirements under the UCC, it must include each of the following except - price actus reus - the action element of a crime