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ASIS CPP Practice Test - Questions Answers, Page 64

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'Strict liability in tort' is also known as:

A.
Gross negligence
A.
Gross negligence
Answers
B.
Comparative negligence
B.
Comparative negligence
Answers
C.
Intentional liability
C.
Intentional liability
Answers
D.
Last clear chance
D.
Last clear chance
Answers
E.
Liability without fault
E.
Liability without fault
Answers
Suggested answer: E

Which of the following is a mala prohibitum offense?

A.
Rape
A.
Rape
Answers
B.
Robbery
B.
Robbery
Answers
C.
Burglary
C.
Burglary
Answers
D.
Forgery
D.
Forgery
Answers
E.
Speeding
E.
Speeding
Answers
Suggested answer: E

Richard Roe came home early from work and found his wife in bed with another man.

Roe become immediately incensed and killed both. He is probably guilty of:

A.
Premeditated murder
A.
Premeditated murder
Answers
B.
Involuntary manslaughter
B.
Involuntary manslaughter
Answers
C.
Voluntary manslaughter
C.
Voluntary manslaughter
Answers
D.
Second-degree murder
D.
Second-degree murder
Answers
E.
None of the above
E.
None of the above
Answers
Suggested answer: C

The U.S. Supreme Court case that established the accused's right to be informed of his or her constitutional right to remain silent, to have a lawyer present, to be informed of the right to remain silent, and of the state's duty to provide a lawyer when the accused cannot afford one is:

A.
Gideon v. Wainwright
A.
Gideon v. Wainwright
Answers
B.
The McNabb case
B.
The McNabb case
Answers
C.
The Mallory case
C.
The Mallory case
Answers
D.
United States v. Silver Thorne
D.
United States v. Silver Thorne
Answers
E.
Miranda v. Arizona
E.
Miranda v. Arizona
Answers
Suggested answer: E

A principal will be liable for the contracts entered into by his or her agents in emergency situations under the theory of:

A.
Agency by operation of law
A.
Agency by operation of law
Answers
B.
Agency by estoppel
B.
Agency by estoppel
Answers
C.
Constructive agency
C.
Constructive agency
Answers
D.
Implied agency
D.
Implied agency
Answers
E.
None of the above
E.
None of the above
Answers
Suggested answer: A

The theory of law that vicariously imposes liability on the principal for acts of his or her agent is known as:

A.
Plain agency
A.
Plain agency
Answers
B.
Master servant
B.
Master servant
Answers
C.
Strict liability
C.
Strict liability
Answers
D.
Respondeat superior
D.
Respondeat superior
Answers
E.
Common law
E.
Common law
Answers
Suggested answer: D

An employer is responsible for the acts of his or her employee committed within:

A.
The employee's scope of employment
A.
The employee's scope of employment
Answers
B.
The area of the place of business
B.
The area of the place of business
Answers
C.
The employer's area of primary activity
C.
The employer's area of primary activity
Answers
D.
The employee's area of primary activity
D.
The employee's area of primary activity
Answers
E.
None of the above
E.
None of the above
Answers
Suggested answer: A

The doctrine that states that an employer is not liable for injuries inflicted by one employee upon another while both are engaged in the same general enterprise is called:

A.
Last clear chance
A.
Last clear chance
Answers
B.
Caveat emptor
B.
Caveat emptor
Answers
C.
Respondeat superior
C.
Respondeat superior
Answers
D.
Fellow-servant rule
D.
Fellow-servant rule
Answers
E.
Workman's compensation
E.
Workman's compensation
Answers
Suggested answer: D

The relationship in which two parties agree that one will act as a representative of the other is known as a(n):

A.
Contractual relationship
A.
Contractual relationship
Answers
B.
Fiduciary relationship
B.
Fiduciary relationship
Answers
C.
Partnership relationship
C.
Partnership relationship
Answers
D.
Agency relationship
D.
Agency relationship
Answers
E.
None of the above
E.
None of the above
Answers
Suggested answer: D

An agent ordinarily can act for the principal in such a way to make the principal legally responsible provided:

A.
The agent is authorized by the principal to act that way.
A.
The agent is authorized by the principal to act that way.
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B.
The agent acts reasonably.
B.
The agent acts reasonably.
Answers
C.
The agent notifies the principal within 24 hours,
C.
The agent notifies the principal within 24 hours,
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D.
The agent is 18 years of age,
D.
The agent is 18 years of age,
Answers
E.
All of the above.
E.
All of the above.
Answers
Suggested answer: A
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