Mock attending second partial - 30428 PDF

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INTRODUCTION TO THE LEGAL SYSTEM ICODE 30047, 30428 – BIEM – BIEFCLASSES 15 16 17 18 21 22 24WRITTEN TESTMock Exam 2nd Partial AttendingDO NOT ANSWER MULTIPLE CHOICE QUESTIONS ON THIS SHEET.PLEASE USE THE ANSWER SHEET ATTACHED HERETO.THERE IS SOLELY ONE CORRECT ANSWER TO EACH QUESTION. IF MANYAN ANS...

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INTRODUCTION TO THE LEGAL SYSTEM I CODE 30047, 30428 – BIEM – BIEF CLASSES 15 16 17 18 21 22 24 WRITTEN TEST Mock Exam 2nd Partial Attending DO NOT ANSWER MULTIPLE CHOICE QUESTIONS ON THIS SHEET. PLEASE USE THE ANSWER SHEET ATTACHED HERETO. THERE IS SOLELY ONE CORRECT ANSWER TO EACH QUESTION. IF MANY AN ANSWER APPARENTLY SUITS, PLEASE TICK THE MOST APPROPRIATE ONE. OPEN-ENDED QUESTIONS ARE TO BE ANSWERED WITHIN THE LINES DRAWN

1. Punitive damages: a. Are damages whose amount is equal to the harm suffered by the victim b. Are only granted in civil law jurisdictions c. Are damages granted on the basis of compensatory and distributive justice d. Can be qualified as “exemplary” damages 2. In tort law, which of the following sentence is not correct: a. The parties are not linked by a formal legal relationship before the damage occurs b. The act of an individual is linked to the harm suffered by another individual c. Tort liability encompasses the liability arising from non-performance of an obligation d. Tort liability is also known as extra-contractual liability 3. In tort law, intentional behaviour occurs when: a. The harmful event which is the result of the act or omission was not foreseen by the agent as a consequence of her own act or omission but is sometimes accepted as a possible outcome b. The harmful event which is the result of the act or omission is foreseen and desired by the agent as a consequence of her own act or omission c. The harmful event occurs because of somebody else’s behaviour which the agent has not prevented, even though she was not obliged to do so d. The event is desired by the agent but it occurs because of lack of skill or failure to observe laws, regulations orders or regulations 4. Strict liability: a. Is a particular form of liability based on fault b. Is, among others, the liability arising from the exercise of dangerous activities c. Always entitles the victim to claim punitive damages d. Occurs when the wrongful act is committed by a person unconscionably and involuntarily 5. In common law: a. The most relevant exception to the fault based tort rules is the vicarious liability regime b. The owner of a car is always responsible for the tort committed, also for the case where the damage is the result of a fortuitous event c. The producer of goods does not have any kind of liability d. Tort law is generally based on the strict liability model

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6. When tort is based on fault, a person who was incapable of understanding or intending at the time he committed the act causing injury: a. Is liable unless he proves that the act could not have been prevented b. Is never liable for its consequences c. Is not liable for the damage he has caused, unless the state of incapacity was caused by his own fault d. Is liable when the state of incapacity was caused by somebody else’s negligent actions 7. According to the Directive 85/374/EEC, the producer is not recognized as liable if he proves that: a. The product was manufactured to be sold for profit b. He put the product into circulation c. The defect appeared after the product was put into circulation d. The defect is due to an infringement of mandatory regulations issued by the public authorities 8. Which of the following sentence is not correct: a. Causation is always about linking the event triggering the liability of the defendant with the damage suffered by the victim b. ‘But for causation’ is the general criterion applied by courts to assess legal causation c. ‘But for causation’ allows to extend the scope of causal chain almost ad infinitum d. ‘Adequate cause theory’ allows individual events that are conditions for a result – in the logical sense that the result would not have happened but for them – to be eliminated from causation in the legal sense 9. Which of these goals is not a function of tort law: a. Compensation b. Sanction c. Deterrence d. Financial education 10. Negligence, as a subjective element of fault, is implied when: a. The harmful event happens because of somebody else’s behaviour which the agent has not prevented, even though he was not obliged to do so b. He who is in the position to control a risky activity, fails to prevent the occurrence of a damage c. The harmful event, even though foreseeable, is not desired by the agent and occurs because of carelessness, imprudence, lack of skill or failure to observe laws, regulations orders or regulations d. The harmful event which is the result of the act or omission is foreseen and desired by the agent as a consequence of his own act or omission 11. Why can we speak of a “tragedy of the commons”? a. Because common goods can be consumed by one individual to the detriment of another despite of any opposite effort performed by the latter b. Because a person paying for a specific common good can exclude another person not paying for it c. Because common goods are non-rivalrous in consumption d. Because only common people can take advantage of a common good 12. Which of the following can be qualified as limited property right of enjoyment? a. Ownership b. A servitude c. A pledge d. A mortgage

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13. Which is the purpose of an injunctive action (“actio negatoria”)? a. To allow an owner to assert his right and claim the return of his properties from any third party b. To deny to an usufructuary the right to use and enjoy the property subject to usufruct c. To grant to a holder of a right of servitude the power to deny, against the owner, disposition of the property subject to servitude d. To allow an owner to prevent or remove any interference with his proprietary interests 14. Limited property rights are: a. Rights which produce effects only against specific persons b. Rights that can only grant a right of enjoyment to their holders c. Rights which can be enforced against anybody d. Rights that can only be used to secure payment of debts 15. Which of the following statements is not correct: a. Intellectual property encompasses copyrights, patents and trademark b. Intellectual property may be granted on every intangible resource available to individuals c. Intellectual property is a bundle of exclusive rights over an asset d. Intellectual property refers to absolute rights, relevant erga omnes 16. Which of the following is a common feature of limited property rights? a. They can be freely created by individuals through contracts b. They are relative rights c. They bind subsequent owners of the assets which they encumber d. They always grant to the holder the right to fully enjoy and dispose of the assets subject to them 17. Contractual clauses inserted in standard contracts, in B2c transactions: a. Are always invalid b. Are null, if the Business can prove their unfairness c. Are null if they are in contrast with the requirement of good faith or if they create a significant imbalance in the parties’ rights and duties d. Are null if they are in contrast with the requirement of good faith and if they create a significant imbalance in the parties’ rights and duties 18. A limited property right of security: a. Can be freely determined by the parties in its content b. Refers only to intangible goods c. Entitles its holder to exclusively use the property, upon which the right of security is created d. Entitles its holder to sell the object through a judicial procedure and to satisfy his credit from the proceeds 19. The possessor of a movable good: a. Is entitled to defend his position by self-help in a limited series of cases b. Is always the person entitled with a property right on it c. If in bad faith, can acquire the good from a non-owner through a suitable title d. Can defend his position though a recovery action (Reivindicatio) 20. Acquisitive prescription: a. Only applies to movable goods b. Allows one to acquire someone else’s property, subject to the payment of a fair compensation

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c. d.

Promotes active use of unexploited resources by actual possessors Only applies to immovable goods

21. The distinction between ‘liquidated damages clauses’ and ‘penalty clauses’: a. Does exist in civil law legal systems b. Exists in Italy c. Does exist in common law legal systems d. Does not exist 22. The duty to mitigate damages: a. Is an absolute right b. Does not apply to consumers c. Is a principle of common law d. May lead, if breached, to a reduction of the damages that a non-breaching party is entitle to recover 23. Nullity of contract is due to a. The total or partial lack of execution of the contract b. A defect in the consent of one of the parties c. The infringement of a mandatory rule d. A wrong interpretation of the contract 24. In civil law, the mistake is essential, amongst others: a. When it concerns the nature of the contract b. When it concerns the interpretation of the contract c. When a party does not does not intend to fulfill his/her obligations d. When a party does not have the legal capacity 25. In fraud a. One of the basic elements is the misrepresentation or deception affecting one party b. One of the basic elements is the presence of a minor c. The contract is always ineffective d. The deceived is always bound to the effects of the contract 26. Termination of contract: a. Is a way of interpreting the will of the parties b. Is connected with serious breach of contract c. Can be asked when the breach of contract is recognizable by the other party d. Can be asked together with a claim for specific performance 27. Duress: a. Emerges when a party incorrectly interprets a clause of the contract b. Takes the form of threats or undue pressure that induce a party to enter into a contract c. Concerns the identity or personal qualities of the other contracting party d. Takes the form of threats or undue pressure that induce a party to terminate the contract

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OPEN ENDED QUESTION 1) Define the concept of foreseeability and the role it plays in the determination of the amount of damages to be awarded in the common law. Make reference to concepts and relevant case-law.

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OPEN ENDED QUESTION 2) In property law, what is a recovery action? Make reference to the concepts and relevant case-law.

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WRITTEN TEST Student n.:________________________ Class:__________ Family name:_____________________ Name:_________________________ CORRECT ANSWERS

1

D

16

C

2

C

17

D

3

B

18

D

4

B

19

A

5

A

20

C

6

C

21

C

7

C

22

D

8

B

23

C

9

D

24

A

10

C

25

A

11

A

26

B

12

B

27

B

13

D

14

C

15

B...