Mock exam Partial 2 Law Module 1 PDF

Preview

Summary

INTRODUCTION TO THE LEGAL SYSTEM ICODE 30428 – BIEM – BIEFCLASSES 15 16 17 18 21 22WRITTEN TEST2 nd Mock Exam, II partial, 2017DO 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 ANANSWER APPAR...

Description

INTRODUCTION TO THE LEGAL SYSTEM I CODE 30428 – BIEM – BIEF CLASSES 15 16 17 18 21 22 WRITTEN TEST 2nd Mock Exam, II partial, 2017 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 that equalize 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. . 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. . Tort liability encompasses the liability arising from non-performance of an obligation. d. Tort liability is 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. 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. 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 case of damages caused by animals: The liability is based on the assumption that the indicated subjects are in a proper position in order to control the animal. b. The owner is always responsible, also in case in which the damage is the result of a fortuitous event. c. The owner does not have any kind of liability. d. The owner does not have liability whether the animal escaped.

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. 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. 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. ‘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. 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. 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”? 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 ones can be qualified as limited property rights of enjoyment? a. Ownership. A servitude. c. Pledge. d. A mortgage. 13. Which is the purpose of an injunctive action (“actio negatoria”)? a) To allow an owner to assert his right and claim for 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. 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. Rights which can be enforced against everybody. 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. 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 ones is a common feature of limited property rights? a) They can be freely created by individuals through contracts. b) They are relative rights. 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. In case of usufruct, the bare owner: a) Can use and enjoy the property subject to usufruct until the end of the usufruct period. b) Must pay all taxes related to the property subject to usufruct. c) Can’t use, sell or enjoy the property subject to usufruct until the end of the usufruct period. Can’t use and enjoy the property subject to usufruct but can sell it during the usufruct period. 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. 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: 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. Promotes active use of unexploited resources by actual possessors. d) Only applies to immovable goods. 21. A holograph will: a) Is signed by the testator before two witnesses. b) Is a will handwritten, dated and signed by the testator. Is a will authenticated by a public body or by a public official (e.g. notarial will). d) Is one of the most safe way to testate. 22. After the legal separation, the spouses: a) still have the duty of cohabitation, but not the duty of fidelity. b) may enter into a second marriage. do not have neither the duty of cohabitation, nor the duty of fidelity. d) maintain the duty of cohabitation if they have minor children.

23. The legatee: a) Succeeds in all the rights and obligations of the deceased. b) Is the heir. Is the beneficiary of a specific gift of property or money granted by the testator in a will. d) Is a qualification applicable only to intestate successions. 24. In case of divorce, the maintenance: a) could be granted only in favour of the wife. should be dependent upon the creditor spouse having insufficient resources to meet his or her needs and the debtor spouse’s ability to satisfy those needs. c) does not depend on the duration of the marriage, but only on the creditor spouse’ employment ability, age and health. d) depends only on the standard living during the marriage. 25. Prenuptial agreements: a) Are contracts signed after the divorce. b) Are generally recognised in civil law jurisdictions. Are generally recognised in common law jurisdictions. d) Increase litigation costs in case of divorce. 26. Testate succession: a) Occurs when the deceased has left a will. Occurs when the estate of the deceased is distributed according to the rules set by the law. b) Is prevented by the prohibition of succession agreements. d) Is illegal in civil law countries. 27. Which of the following ones is a special will? A witnessed will, when it is drafted without legal supervision. b) A public will, when it is authenticated by a notary. c) An holograph will, when it is not signed by the testator. d) A will drafted on board of an airplane.

OPEN ENDED QUESTION 1) What kind of liability-regime is applied to dangerous activities? Illustrate the logic of these rules making reference to case-law discussed in class.

_______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________

OPEN ENDED QUESTION 2) What is a recovery action? Explain the rule and its rationale applying concepts and case-law analysed in class.

_______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________

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

B

7

C

22

C

8

B

23

C

9

D

24

B

10

C

25

C

11

A

26

A

12

B

27

D

13

D

14

C

15

B...