1. Which of the following is true of survival statutes?
A. It preserves the right to bring a lawsuit for personal injuries, no matter what caused the death(s).
B. It can only be brought by family members who have lost the support of the deceased.
C. It allows suits to be brought for libel after the death of a defamed person.
D. It preserves the right to bring a lawsuit only if the death is caused by negligence of the defendant.
2. Stanley falls into the low-income group. Which of the following healthcare plans can Stanley opt for?
D. Long-term care insurance
3. Joseph owes $15,000 to Carmel Enterprises, $8,500 to Vulcan Co., $11,000 to David, and $11,500 to Sigma Enterprises. He has not been making payments on these debts for the past 20 months. Which of these creditors can force Joseph into involuntary bankruptcy?
A. Carmel Enterprises and David only
B. Sigma Enterprises, David and Vulcan Co. only
C. Carmel Enterprises, Sigma Enterprises, David, and Vulcan Co.
D. Carmel Enterprises only
4. The Daubert case involved juriscience, the intersection of law and science, to help the court determine a question of real or
A. causation in fact.
B. vicarious liability.
D. proximate cause.
5. Sally and Ethel have a falling out. Sally, to cause distress to Ethel and her husband Elmer, posts on the Internet that Elmer is having an affair with a college student, even though Sally knows that what she is saying isn’t true. Which of the following statements is true?
A. Ethel has a claim for defamation against Sally.
B. Sally has a claim for intentional infliction of emotional distress.
C. Sally has a claim for defamation against Ethel.
D. Elmer has a claim for defamation against Sally.
6. 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 he didn’t use force to accomplish the theft.
B. Robert is guilty of robbery because he committed theft.
C. Robert isn’t guilty of robbery because the gun wasn’t capable of causing harm.
D. Robert is guilty of robbery because he used the threat of force to commit a theft.
7. A/an _______ will provide temporary insurance coverage until the policy is formally accepted.
D. adhesion contract
8. Of the groups listed below, only _______ can take advantage of Chapter 13 provisions.
B. self-employed people
D. educational institutions
9. John visits Photo-Heaven to have his picture taken. While he is waiting for the photographer in the reception area, he notices one of the chairs has yellow caution tape around it with a sign that says “Broken Chair.” John has been looking for a chair just like this one, so he removes the caution tape to sit in the chair and see how it feels. The chair collapses, and John falls to the floor. John goes to the hospital, where the doctor treats him for injuries. If John files suit against Photo-Heaven for negligence, he will most likely lose because
A. he assumed the risk because he knew the chair was broken.
B. Photo-Heaven didn’t owe John a duty.
C. he didn’t suffer a legally recognizable injury.
D. Photo-Heaven’s negligence didn’t cause John’s injury.
10. Sally goes through Edith’s purse when Edith leaves the room. Edith returns and catches her in the act. Edith can sue for which type of invasion of privacy?
A. Creating a false light
C. Revelation of confidential records
11. Tom is a consumer with regular income who’s able to pay more than 25% of his debt over the next three years but probably can’t pay it all. If he qualifies, the best chapter in bankruptcy for Tom is Chapter
12. Peter lost control of his car and drove it though his neighbor, Clyde’s, fence. If Clyde were to bring a claim against Peter for the damage to the fence, what type of insurance would Peter need to cover the damage?
A. No-fault insurance
B. Collision insurance
C. Property damage liability insurance
D. Homeowner’s insurance
13. Joe made an agreement with Auto Insurance Co. not to use his van for commercial business purposes when he purchased auto insurance. Joe had an accident while delivering pizzas for Bigger Pizza, Inc. For which type of violation will Joe not be covered under his insurance?
A. Breach of warranty
B. Fraudulent concealment
14. Terry parks his car outside the restaurant and goes inside to eat. When he returns, his car has been damaged by vandalism. Terry’s insurance company will pay for the repairs if Terry has _______ insurance.
15. Zeke takes his gun to the mall looking for Fred. Zeke spots Fred, points the gun at Fred, and says, “I’m going to kill you.” He does. Zeke is charged with homicide. His defense is that he had no motive to kill Fred. The prosecution admits that it can’t prove that Zeke had any motive and that in fact Zeke loves Fred. Which of the following statements is true?
A. Zeke will be convicted of a lesser degree of homicide due to the prosecution’s failure to demonstrate motive.
B. Zeke’s state of mind was that of recklessness.
C. Zeke will be convicted of homicide.
D. Zeke’s motive is a necessary element of any crime.
16. Victor applies for life insurance. On the application, when asked if he had ever been diagnosed with cancer, he falsely said no. Later Victor died, and the insurance company found out about the previous diagnosis of cancer and refused to pay. What were the most likely grounds?
B. Failure to pay premiums
17. Sear Enterprises wants to continue in business, but needs some relief from creditors’ claims. Sear Enterprises should consider filing under Chapter _______ of the Bankruptcy Code.
18. Which of the following is true of coinsurance?
A. It allows the insured to pay an extra premium initially in exchange for a guaranteed option to buy more insurance at certain specified times later.
B. It’s a provision under which the insurer and the insured share costs, after the deductible is met, according to aspecific formula.
C. It’s rarely found in property insurance policies.
D. It excuses the insured from paying premiums if he or she becomes disabled.
19. 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.
20. Vernon owns a family-run farming business. He earned $100,000 in the current financial year. He owes $70,000 that he cannot pay. This debt forms a part of his farm expenses to creditors, but he wants to keep the business running. Which type bankruptcy should Vernon file for?
A. Chapter 7 and Chapter 12
B. Chapter 11 and Chapter 7
C. Chapter 7 only
D. Chapter 12