EDITION TEST BANK 2026 COMPLETE
QUESTIONS AND ANSWERS BY CROSS AND
MILLER
◉ Judges use several types of reasoning when applying the law to
the facts of a particular case. One type of reasoning involves a logical
relationship of major premise, a minor premise, and a conclusion.
This type of reasoning involves the notion that if the premises are
true, then the conclusion must follow necessarily. Which of the
following best identifies this type of reasoning? Answer: Deductive
reasoning
◉ John Doe was driving his car lawfully and safely down the street
when suddenly he was struck from the side by another vehicle
which was changing lanes. Mr. Doe received multiple injuries. The
police report indicated Mr. Doe was not wearing his seat belt at the
time of impact. Which of the following rules of law would apply?
Answer: Contributory negligence
◉ A murder in which premeditation and deliberateness are the
primary requirements is which of the following Answer: First degree
murder
,◉ Mr. John Homeowner contracts with two bricklayers to build a
fence around his front yard. They construct one portion in good
order, on returning the following day they built another portion
which is not in line with the property line and is also crooked. Mr.
Homeowner orders them off the property and terminates the
contract. The two bricklayers are entitled to compensation for the
good quality portion of the work completed under which of the
following theories? Answer: Quantum Meruit
◉ Jim offered to sell to Sam his horse Smokey, which is stabled in
another state. Sam agreed and a bilateral agreement was formed for
the animal's sale and purchase. However, unknown to either of them,
Smokey died in a stable fire just a few hours before the agreement
was entered into. Under these conditions, which of the following is a
correct statement of law? Answer: Sam need not pay anything
because the death of the horse terminated Jim'm s offer resulting in
the creation of a void agreement.
◉ Joe Whiteacre met with his friend Mike Blackwater and orally
contracted to sell him his one acre fishing cabin on Sardis Lake for
$35,000.00 cash. Mr. Blackwater tendered a $100.00 bill to Mr.
Whiteacre to seal the deal Mr. Whiteacre said he would meet with
Mr. Blackwater within two weeks and on presentation of his check,
he would sign over a deed. Four days later Mr. Whiteacre sent a
check for $100.00 and a letter to Mr. Blackwater, stating that he had
decided not to sell the cabin. This contract is unenforceable under
what theory of law? Answer: Statute of Frauds.
, ◉ Judge Ironsides, in making his decision was presented with an old
case, Williams vs. State of Mississippi, by one of the Attorneys. The
facts in this case were similar to the facts of the pending case
presently before the court. The practice of deciding new cases with
references to former decisions or precedents is a corner stone of the
English and American judicial systems. This practice forms which of
the following doctrines? Answer: Stare decisis
◉ A local band known as the Screaming Five was under contract to
perform for the Ace Music Agency for six months. A Mr. Weasel, who
knew of this contract, nonetheless "enticed" the Screaming Five to
refuse to carry out their agreement, and the group began performing
for Mr. Weasel. Mr. Weasel is guilty of which of the following
intentional torts? Answer: Wrongful interference of a contract
◉ A police officer came to Mr. Innocent's door without a warrant. He
knocked, gained entry, and began asking Mr. Innocent questions. The
officer told him he was merely making a routine inquiry. The officer
asked where Mr. Innocent was the previous evening at 8:00 PM;
when he arrived there; when he arrived home and who was with
him. After answering, the officer told him he was under arrest. Such
a set of facts possibly renders Mr. Innocent's statement inadmissible
into evidence at trial under which of the following: Answer: Miranda
◉ The U.S. Constitution is the supreme law of the United States.
Answer: T