LAS 210 Exam 2 Questions and
Answers21
11. Trespass - ANSWERS-(1) At common law, any offense less than treason, felony, or misprision
of either. (2) Especially, trespass quare clausum fregit, i.e., entry on another's close or land
without lawful authority. (3) Trespass on the case. (4) Criminal trespass is entering or surrepti-
tiously remaining in a building or occupied structure, or separately secured or occupied portion
thereof, knowing that he or she is not licensed or privileged to do so.
10. Trespass on the Case - ANSWERS-A statutory writ created by the English Parliament to
redress private wrongs not addressed by the writ of trespass where the failure to perform a
duty resulted in harm to a victim.
10. Undue Influence - ANSWERS-The will of a dominant person is substituted for that of the
other party, and the substitu- tion is done in an unlawful fashion, resulting in an unfair
agreement.
10. Unenforceable - ANSWERS-A contract that courts will not enforce. Examples include oral
agreements that have not been reduced to writing under circumstances where a writing
is required and breach of contract lawsuits that are barred by a statute of limitations.
10. Uniform Commercial Code - ANSWERS-A model code which has been substantially adopted
by all states except Louisiana (which has not adopted those portions of the UCC which are
based on common law notions because they are incompatible with that state's civil law
approach to commercial law).
10. Unilateral Contract - ANSWERS-A contract in which one party makes a promise in exchange
for another person per- forming or refraining from performing an act.
,10. Valid Contract - ANSWERS-A binding and enforceable agreement that meets all the
necessary contractual requirements.
12. Vested - ANSWERS-Fully effective.
8. Vicarious Liability - ANSWERS-Substituted or indirect responsibil- ity, e.g., the responsibility of
an employer for the torts committed by his employee within the scope of his employment.
10. Acceptance - ANSWERS-Agreement of the offer to be bound by the terms of the offer
12. Accession - ANSWERS-A neutral increase in one's property. Examples include the interest
earned on money deposited in a bank account, or crops grown on one's land, or new born
puppies delivered by one's dog.
8. Actus Reus - ANSWERS-An overt wrongful act.
9. Adoption - ANSWERS-A social and a legal process by which the rights and duties
accompanying the parent-child relationship are transferred from birth parents to adoptive
parents.
12. Adverse Possession - ANSWERS-Also known as "easement by prescription." One who's
possession of another's reality is continuous, open and notorious, adverse and hostile, and a
legally specified period of time can bring a "quiet title action" in court at the end of the time
period and, if successful, obtain a marketable title.
9. Agency Adoption - ANSWERS-Birth Parents consent to the termination of their parental rights
and surrender child to an adoption agency that selects the adoptive parent(s) and places the
child.
, 10. Agreement - ANSWERS-An expression of the parties' willingness to be bound to the terms of
a contract.
9. Alimony - ANSWERS-Court order requiring that an economically strong spouse pay for
financial support to an economically dependent spouse where it is necessary and appropriate.
Some jurisdictions deny alimony to a spouse who's marriage ended as a result of that person's
marital fault.
9. Annulment - ANSWERS-An action in which a marriage partner seeks to prove that no valid
marriage ever existed.
8. Appeal - ANSWERS-A process for obtaining review by a higher court of a lower court's
decision.
8. Arraign - ANSWERS-To bring a criminal accused person formally before a court for the
purpose of having him/her answer charges brought by the prosecution.
8. Arrest - ANSWERS-(1) The seizing and detaining of a person in custody by lawful authority. (2)
Taking of another into the custody for the actual or purport rated purpose of bringing the other
before a court, or of otherwise securing the administration of the law. (3) The seizure and
detention of personal chattels, especially ships and vessels libeled in a court of admiralty.
11. Assault - ANSWERS-(1) strictly speaking, threatening to strike or harm. (2) A threatening
gesture, with to without verbal communication. If a blow is struck, it is battery. (3) Attempting
to cause or purposely, knowingly, or recklessly causing bodily injure to another, or negligently
causing bodily injury to another with a deadly weapon, or attempting by physical menace to put
another in fear of imminent serious bodily injury; also called simple assault.
10. Assignee - ANSWERS-The person to whom an assignment is made.
10. Assignment - ANSWERS-The transfer of contractual rights to another person.
Answers21
11. Trespass - ANSWERS-(1) At common law, any offense less than treason, felony, or misprision
of either. (2) Especially, trespass quare clausum fregit, i.e., entry on another's close or land
without lawful authority. (3) Trespass on the case. (4) Criminal trespass is entering or surrepti-
tiously remaining in a building or occupied structure, or separately secured or occupied portion
thereof, knowing that he or she is not licensed or privileged to do so.
10. Trespass on the Case - ANSWERS-A statutory writ created by the English Parliament to
redress private wrongs not addressed by the writ of trespass where the failure to perform a
duty resulted in harm to a victim.
10. Undue Influence - ANSWERS-The will of a dominant person is substituted for that of the
other party, and the substitu- tion is done in an unlawful fashion, resulting in an unfair
agreement.
10. Unenforceable - ANSWERS-A contract that courts will not enforce. Examples include oral
agreements that have not been reduced to writing under circumstances where a writing
is required and breach of contract lawsuits that are barred by a statute of limitations.
10. Uniform Commercial Code - ANSWERS-A model code which has been substantially adopted
by all states except Louisiana (which has not adopted those portions of the UCC which are
based on common law notions because they are incompatible with that state's civil law
approach to commercial law).
10. Unilateral Contract - ANSWERS-A contract in which one party makes a promise in exchange
for another person per- forming or refraining from performing an act.
,10. Valid Contract - ANSWERS-A binding and enforceable agreement that meets all the
necessary contractual requirements.
12. Vested - ANSWERS-Fully effective.
8. Vicarious Liability - ANSWERS-Substituted or indirect responsibil- ity, e.g., the responsibility of
an employer for the torts committed by his employee within the scope of his employment.
10. Acceptance - ANSWERS-Agreement of the offer to be bound by the terms of the offer
12. Accession - ANSWERS-A neutral increase in one's property. Examples include the interest
earned on money deposited in a bank account, or crops grown on one's land, or new born
puppies delivered by one's dog.
8. Actus Reus - ANSWERS-An overt wrongful act.
9. Adoption - ANSWERS-A social and a legal process by which the rights and duties
accompanying the parent-child relationship are transferred from birth parents to adoptive
parents.
12. Adverse Possession - ANSWERS-Also known as "easement by prescription." One who's
possession of another's reality is continuous, open and notorious, adverse and hostile, and a
legally specified period of time can bring a "quiet title action" in court at the end of the time
period and, if successful, obtain a marketable title.
9. Agency Adoption - ANSWERS-Birth Parents consent to the termination of their parental rights
and surrender child to an adoption agency that selects the adoptive parent(s) and places the
child.
, 10. Agreement - ANSWERS-An expression of the parties' willingness to be bound to the terms of
a contract.
9. Alimony - ANSWERS-Court order requiring that an economically strong spouse pay for
financial support to an economically dependent spouse where it is necessary and appropriate.
Some jurisdictions deny alimony to a spouse who's marriage ended as a result of that person's
marital fault.
9. Annulment - ANSWERS-An action in which a marriage partner seeks to prove that no valid
marriage ever existed.
8. Appeal - ANSWERS-A process for obtaining review by a higher court of a lower court's
decision.
8. Arraign - ANSWERS-To bring a criminal accused person formally before a court for the
purpose of having him/her answer charges brought by the prosecution.
8. Arrest - ANSWERS-(1) The seizing and detaining of a person in custody by lawful authority. (2)
Taking of another into the custody for the actual or purport rated purpose of bringing the other
before a court, or of otherwise securing the administration of the law. (3) The seizure and
detention of personal chattels, especially ships and vessels libeled in a court of admiralty.
11. Assault - ANSWERS-(1) strictly speaking, threatening to strike or harm. (2) A threatening
gesture, with to without verbal communication. If a blow is struck, it is battery. (3) Attempting
to cause or purposely, knowingly, or recklessly causing bodily injure to another, or negligently
causing bodily injury to another with a deadly weapon, or attempting by physical menace to put
another in fear of imminent serious bodily injury; also called simple assault.
10. Assignee - ANSWERS-The person to whom an assignment is made.
10. Assignment - ANSWERS-The transfer of contractual rights to another person.
