ANSWER KEY

• CHAPTER 3: CIVIL TRIAL PROCEDURE

Part 1: Reviewing what you have learned
After studying the chapter, write the answers to each of the following questions:
1. How does the plaintiff’s attorney begin a civil lawsuit?
To begin a civil lawsuit, the plaintiff’s attorney files a complaint with the clerk of the
court, which is the plaintiff’s first pleading.
2. What two purposes do pleadings serve?
Pleadings serve 2 purposes: (1) giving notice to all parties of the claims and defenses in
the suit and (2) narrowing the issues for trial so that both parties and the court know
the legal issues that must be decided.
3. How is the defendant notified that a lawsuit has been brought against him/her?
The defendant is notified of the suit by a method known as process, which is defined as a
means of compelling the defendant in an action to appear in court.
4. Describe 3 ways that process may be served on the defendant.
Process can be served in 3 ways as follows:
• Personal service: a copy of summons and complaint are delivered to the defendant
personally
• Constructive service: the summons and complaint are left at the defendant’s last and
usual place of abode
• Substituted service: the summons and complaint are delivered to the defendant’s
agent, mailed, or published in a newspaper.
5. In what ways may process be served if the defendant is a corporation?
If the defendant is a corporation, process may be served on an officer of the corporation,
on a registered agent of the corporation, or on the person in charge of the corporation’s
principal place of business.
6. How can plaintiff be assured that money will be available from defendant if the
plaintiff wins a lawsuit?
This assurance can be accomplished by attaching the defendant’s property at the
beginning of the action. An attachment is the act of taking a person’s property and
bringing it into the custody of the law so that it may be applied toward the defendant’s
debt if the plaintiff wins the suit.
7. Under a typical state law, what two documents must the plaintiff’s attorney file with
the court to obtain an attachment?
The plaintiff’s attorney must file a motion for attachment at the same time the complaint
is filed and an affidavit signed by the plaintiff, stating facts that would warrant a
judgment for the plaintiff.
8. How is the defendant notified of the plaintiff’s motion for attachment?
The motion together with the other documents (affidavit, summons, complaint, a notice
of hearing) is sent to the process server who serves them on the defendant.
9. The court may allow an attachment if it finds what?
If it finds that a reasonable likelihood exists that the plaintiff will recover a judgment
against the defendant for the amount of the attachment over and above any insurance
coverage that the defendant has.
10. On what three occasions may the court allow attachment without notifying the
defendant beforehand?
The court may allow the attachment without notifying the defendant if it finds (1) that the
defendant is not within its jurisdiction but the defendant’s property is, thereby giving it
quasi in rem jurisdiction, or (2) that a danger exists that the defendant will conceal the
property, sell it, or remove it from the state, or (3) that a danger exists that the defendant
will damage or destroy the property.
11. What is done with the writ of attachment/notice of lis pendens when real
property is attached?
It is recorded at the registry of deeds in the country where the property is located.
12. What is a statute of limitations, and why is it important?
A statute of limitations sets a time limit for how long plaintiffs can wait, after the plaintiff
is aware of the action (or reasonably should be aware), to file a lawsuit. It is important for
the applicable statute of limitations can decide whether the lawsuit is barred from being
filed.

Part 2: Understanding legal concepts

Indicate whether each statement is true or false. Then, change the italicized word or
phrase of each false statement to make it true.
1. F
2. T
3. F
4. T
5. T
6. F
7. T
 8. F
9. F
10. T

Part 3: Checking terminology

From the list of legal terms that follows, select the one that matches each definition.

Part A
Part B

Part 4: Using legal language

Read the following story and fill in the blank lines with legal terms taken from the list
of terms at the beginning of this
chapter:

Part 5: Puzzling over what you learned

• CHAPTER 9: CONSTITUTIONAL LAW

 Part 1: Reviewing what you have learned
After studying the chapter, write the answers to each of the following questions:
1. What are the differences between the U.S. Constitution and the Articles of Confederation?
Firstly, the U.S. Constitution is the first governing document in the world history that creates
representative democracy, limits the powers of the government, and grants specific rights to
people whereas the Articles of Confederation is the first foundational governing document in
American history that loosely governed the colonies, and then the states from 1777 to 1789.
Secondly, the Articles of Confederation lacked some elements that were later put into the
Constitution, including an executive branch, a judicial branch, a national army, and the power
to tax.
2. How was the federal government given separation of powers by the constitution?
The federal government would have separation of powers by independent authority given to
each of the three branches of government, including legislative branch, executive branch, and
judicial branch.
3. What are the differences between articles and amendments?
Articles are the separate original parts of the constitution while amendments modify or
invalidate earlier parts of the constitution. The constitution consists of 7 articles and 27
amendments.
4. What is federalism?
Federalism is the system that allows state governments to retain their individual governing
powers, even though the federal government is given broader powers.
5. What does bicameral means?
Bicameral means that there are two chambers, or houses of representation.
6. How many members of the House of Representatives are there, and what term length do
they serve?
The House of Representatives, whose number is based on each state’s population, has 435
members serving 2-year terms.
7. How many members of the Senate are there, and what term length do they serve?
The Senate has 100 members serving 6-year terms.
8. What are some powers in Article I of the U.S. Constitution that congress has the
power to exercise?
Those powers include the power to declare war and the power to regulate interstate
commerce.
9. What do the executive branch powers include in Article II of the U.S. Constitution?
The executive branch is headed by the U.S president, whose powers/ responsibilities include
carrying out the law passed by the Congress, directing all federal military forces, appointing
all federal judges, appointing the cabinet, and making treaties.
10. Describe some of the powers of the U.S. Supreme Court listed in Article III of the
constitution.
The U.S. Supreme Court’s jurisdiction is primarily appellate, but it is also given original
jurisdiction over certain legal matters, such as the case that would rise if a state were to sue
another state.
11. What does the Supremacy Clause say?
It says that federal law is preeminent when federal and state law conflict, which indicates that
the Supreme Court is the highest and most powerful court in the country.
12. What does the doctrine of judicial review express?
It expresses the Supreme Court has the power to declare acts of Congress and acts of the
executive branch unconstitutional.
13. What are checks and balances and how each branch of government exercise them?
Checks and balances are a system created by the constitution to prevent one branch of
government from becoming too dominant, thereby allowing reach branch to counteract
the powers of other branches. Accordingly, the president can veto a bill rather than
signing it into law. The Congress can override the veto with a two-thirds majority vote
and can refuse to vote for the president’s judicial or cabinet appointees. The Supreme
Court can declare federal legislation unconstitutional.
14. What does the Bill of Rights do? What are some of the purposes of amendments?
The Bill of Rights provide specific freedoms to Americans, such as the First
Amendment’s guarantee of freedom of religion, freedom of speech, and freedom of press
clauses. The Bill of rights also puts certain restrictions on the federal government such as The
Fourth Amendment’s prohibition on warrantless searches, or the Eighth Amendment’s
prohibition on cruel and unusual punishment. Later amendments have made slavery illegal,
granted women the right to vote, and reduced the voting age to 18.

Part 2: Understanding legal concepts

Indicate whether each statement is true or false. Then, change the italicized word or phrase
of each false statement to make it true.
1. F
2. F
3. F
4. T
5. F
 6. F
7. T
8. T
9. F
10. F

Part 3: Checking terminology

From the list of legal terms that
follows, select the one that matches each definition.

Part 4: Puzzling over

what you learned

• CHAPTER 10: CRIMES, ACCOMPLICES AND DEFENSES

Part 1: Reviewing what you have learned
After studying the chapter, write the answers to each of the following questions:

• Who brings the action in a criminal case?

The prosecutor, the person representing the jurisdiction where alleged crimes occur.

• What is an ex post facto law?

A law that holds a person criminally responsible for an act that was not a crime at the
time of its commission.
• How does a crime that is mala in se differ from a crime that is mala prohibita?
First , Crimes mala in se are those that are wrong in and of themselves, such as murder,
rape, and robbery whereas crimes mala prohibita are those that are not in themselves
wrong, but are criminal simply because they are prohibited by statute. Second, the former
requires a wrongful or unlawful intent on the part of the perpetrator while the latter
 requires no wrongful intent on the part of the perpetrator- all that is necessary is the
doing of the act regardless of the intent of the actor.
• List the three classifications of crimes.
Crimes are divided into 3 main principal groups: treason, felonies, and misdemeanors.
• What is the difference between a felony and a misdemeanor?
A felony is a major crime, defined as “punishment by hard labor”, “an infamous crime”
or a crime subject to “infamous punishment”; examples of felony include murder, rape,
armed robbery, and assault with a deadly weapon. Conversely, a misdemeanor is a less
serious crime such as disturbing the peace, simple assault, and petty larceny.
• What is the difference between a principal in the first degree and a principal in the
second degree?
A principal in the first degree is a person who actually commits a felony either by his/her
hand or through an innocent agent. Meanwhile, a principal in the second degree is one
who did not commit the act, but who was constructively present, aiding and abetting
(giving assistance and encouragement) another in the commission of a felony.
• How does the punishment of a principal in the first degree compare with that of a
principal in the second degree?
A principal in the second degree is subject to the same punishment as that given to a
principal in the first degree.
• What is the difference between an accessory before the fact and an accessory after the
fact?
An accessory before the fact is one who procures, counsels, or commands another to
commit a felony, but who is not present when the felony is committed. Meanwhile, an
accessory after the fact is one who receives, relieves, comforts, or assists another with
knowledge that the other person has committed a felony.
• Is the punishment for an accessory before the fact the same as that for a principal to a
crime?
An accessory before the fact will be responsible for the natural and probable
consequences that ensue from the crime that he/she induced, but not for the crime of a
substantially different nature. Some states would view a person who hires another to
commit a crime as a principal in the first degree rather than an accessory before the fact,
because hiring a “hit man” makes one equally as guilty of the crime as if the hiring party
had committed it.
• Under Rhode Island law and Massachusetts law, who cannot be held liable as an
accessory after the fact?
Rhode Island and Massachusetts do not allow a criminal’s spouse, parent, grandparent,
child, grandchild, brother or sister to be convicted of being an accessory after the fact to
the criminal.

Part 2: Understanding legal concepts

Indicate whether each statement is true or false. Then, change the italicized word or phrase of
each false statement to make it true.

• F -> society + not

• F -> more
• T
• F -> treason
• T
• T
• F -> accessory before the fact
• F -> not enough
• T
• F -> a principal in the second degree

Part 3: Checking terminology

From the list of legal terms that follows, select the one that matches each definition.

Part 4: Using legal language

Read the following story and fill in the blank lines with legal terms taken from the list
of terms at the beginning of this chapter:
 Part 5: Puzzling over what you learned

• CHAPTER 15: TORTS, AND TORTFEASORS

Part 1: Reviewing what you have learned
After studying the chapter, write the answers to each of the following questions:

• What is the difference between a tort and a crime?

Although both tort and crime refer to a wrongdoing, a tort is a wrong against an
individual (a private wrong) while a crime is a wrong against the public at large.

• Give an example of a wrong that is both a tort and a crime.

A good example of a wrong that is both a tort and a crime is the case of assault and
battery (a threat to injure someone followed by a violent attack on them). In such a case,
the state can bring a criminal action against the defendant, and the injured party can
bring a separate tort action against the defendant for the same occurrence.

• How does a tort differ from a breach of contract?

A tort is a breach of duty imposed by law whereas a breach of contract is a breach of duty
imposed by agreement of the parties.

• What four basic requirements must the plaintiff allege and prove in order to recover
damages for a tort?
In general, the plaintiff must allege and prove all of the following:
• The existence of duty owed to the plaintiff by the defendant;
• A violation of that duty;
• A showing that the violation was the cause of the plaintiff’s injuries; and
• Damages

• Describe and name the term for the situation in which one person may be held
responsible for the torts that are committed by another person.
Although all people are responsible for their own torts, in some situations one person
may be responsible for the torts that are committed by another person; this is known as
imputed liability or vicarious liability. Masters (employers) can be held responsible for
the torts of their servants (employees) that are committed within the scope of employment
 under the doctrine of respondeat superior. Principals (people who authorize others to act
for them) can be held responsible for the torts committed by their agents (people
authorized to act) while acting within the scope of the principals’ authority. A partner can
be held liable for torts committed by another partner while acting in the ordinary course
of the partnership.

• What liability do minor children have for their torts?

Minor children (those under the age of 18) are just as liable for their torts as adults.

• In what way are parents liable for torts committed by their children?
Under common law, parents were not responsible for the torts of their minor child unless
the act was committed in the parents’ presence or while the child was acting as the agent
or servants of parents. Some states have modified this rule by enacting statutes that make
parents liable up to a limited amount of money for the willful torts committed by their
minor children.

• Describe the statute enacted in 1971 by Massachusetts legislature, dealing with the tort
liability of a charitable organization.
This statute abolished the doctrine of charitable immunity in cases arising from a
charity’s commercial activity and setting a limit of $20,000 on the amount that may be
recovered from a charity for torts arising out of charitable activity.

• Describe the main features of the Massachusetts Tort Claims Act.

Under the Massachusetts Tort Claims Act, public employers (state and local
governmental agencies) are liable up to $100,000 for personal injury, property damage,
or death, caused by the negligent or wrongful act or omission of any public employee
while acting within the scope of employment. In addition, the public employee whose
negligent or wrongful act or omission caused the claim cannot be sued if the act occurred
while he or she was acting within the scope of employment and if it is not an
international tort.
Before suit may be brought under the act, a claim must be presented in writing, within 2
years after the cause of the action arose, to the executive officer of the public employer
involved. The public employer has 6 months in which to pay the claim, deny it, refer it to
arbitration, or reach a settlement. Only then may the suit be brought against the public
employer, and it must be brought within 3 years after the action arose.

• What is the difference between joint liability and several liability?

Joint liability means that all joint tortfeasors must be name as defendants in the lawsuit
and if, found liable, together they owe the damages awarded to the plaintiff. Several
liability means that the joint tortfeasors may be sued separately for the wrong doing.

Part 2: Understanding legal concepts

Indicate whether each statement is true or false. Then, change the italicized word or
phrase of each false statement to make it true.

• F -> an individual
• F -> sovereign immunity
• T
• T
• F -> joint
• T
• F -> law, parties
• F -> crime
• T
• T

Part 3: Checking terminology

From the list of legal terms that follows, select the one that matches each definition.
Part 4: Using legal language
Read the following story and fill in the blank lines with legal terms taken from the list
of terms at the beginning of this chapter:

Part 5: Puzzling over what you learned

• CHAPTER 18: FORMATION OF CONTRACTS

Part 1: Reviewing what you have learned
After studying the chapter, write the answers to each of the following questions:

• Explain how a contractual agreement is reached.

To reach an agreement, one party (called the offeror) makes an offer (a proposal) to
another party (called the offeree) to enter into a legally enforceable (binding) agreement.
If the offeree assents to the terms of the offer, an acceptance occurs and an agreement,
sometimes called a bargain comes into existence.

• Why does a contract not usually arise when a customer offers to buy a mismarked
product?
Because advertisements include price tags, prices on merchandise, signs, and prices in
catalogs are not usually treated as offers. Instead, such an advertisement is called an
 invitation to negotiate or an invitation to deal.

• Give an example of a contract implied in fact.

A good example of a contract implied in fact is when you board a bus and pay the fare
without saying anything to the driver, and the driver says nothing to you, no express
contract exists because the terms were not stated; however, a contract implied in fact
exists that the bus driver will take you to a destination along that bus’s particular route.

• For what reason does the court impose a contract on the parties when a quasi contract
arise?
The court imposes a contract on the parties when a quasi contract arises to prevent
unjust enrichment which happens when one person retains money, property, or other
benefit that in equity and justice belongs to another.

• What is the difference between a bilateral contract and a unilateral contract?

A bilateral contract contains 2 promises, one made by each party to the contract. One
party makes a promise in exchange for the other party’s promise. Meanwhile, a unilateral
contract contains only one promise in exchange for an act, often referred to as a
performance.

• Give an example of a void contract, a voidable contract, and an unenforceable contract.

A void contract is a nullity and has no legal effect, e.g. an illegal contract for the sale of
prohibited items (marijuana, drugs, heroin)

• How does an executory contract differ from an executed contract?

Executed contracts are those that are completely carried out (both sides’ performance
duties have been fully completed) while executory contracts refer to those that have come
into existence, but are not yet carried out.

• Explain how a clickwrap agreement works.

A clickwrap contract/agreement is reached when the offeree clicks on a dialog box which
is on the screen.

Part 2: Understanding legal concepts

Indicate whether each statement is true or false. Then, change the italicized word or
phrase of each false statement to make it true.

• F -> revocation
• F -> invitation to negotiate/ deal
• F -> contract implied in fact
• T
• T
• F -> unenforceable
• F -> may not
• T
• T
• T

Part 3: Checking terminology

From the list of legal terms that
 follows, select the one that matches each definition.

Part 4: Using legal language

Read the following story and fill in the blank lines with legal terms taken from the list
of terms at the beginning of this chapter:

Part 5: Puzzling
over what you learned

• CHAPTER 19: CONTRACTS REQUIREMENTS

Part 1: Reviewing what you have learned
After studying the chapter, write the answers to each of the following questions:

• Give an example of a contract containing consideration.

“Please take my coat for $100” can result in contract that contains consideration in that
there is an exchange of benefits and promises between the customer and the seller. The
customer has the right to receive the coat and the obligation to give the seller $100.
Likewise, the seller has the right to receive money and the obligation to give the customer
the coat (or if someone offers to sell a car and they take the offer.)

• Give an example of an agreement that does not contain consideration.

A gift/ a promise to make a gift to someone can be an example of this because the promise
isn’t binding and the other side hasn’t promised something in return. So, if someone isn’t
bound to keep a promise, it’s because the other side hasn’t promised anything in return,
 and the agreement lacks consideration.

• Where is consideration found in a bilateral contract? In a unilateral contract?

In a bilateral contract, consideration is found in the promises made by each side; in a
unilateral contract, consideration is found in the promise of one and the act of the other.

• List seven kinds of contracts that must be writing in order to be enforceable.

• contracts that are not to be completed within a year
• promises to answer for the debt or default of another
• contracts for the sale of an interest in real property
• contracts in which marriage is the consideration (prenuptial agreements)
• promises by personal representatives of estates to pay debts of the estate personally
• promises to leave something to someone in a will
• with four exceptions, contracts for the sale of goods of $500 or more

• What are the requirements of a memorandum that will satisfy the statute of frauds?
• identifies the parties to the contract
• states the terms of the contract
• identifies the locus of land - that is the exact parcel of land under contract
• states the price
• is signed by the person against whom enforcement is sought

• Explain the meaning and significance of the parol evidence rule.

The parol evidence rule is a rule of evidence under which oral evidence of prior or
contemporaneous negotiations between the parties is not admissible in court to alter, to
include all terms that are orally agree upon whenever a contract is reduced to writing.

• Describe the kind of contract that is voidable because of a mistake, and compare it with
the kind of contract that is not voidable because of a mistake.
A contract that results from bilateral/mutual mistake (when both parties are mistaken
about an important aspect of an agreement so that no meeting of the minds occurs) is
voidable at the option of either party. A contract formed with a unilateral (one-sided)
mistake cannot be voided by the parties.

• List five elements of fraud.

• a misrepresentation of a material, existing fact;
• made with knowledge of its falsity;
• made with intent that it be relied on;
• that it was reasonably relied on; and
• damages

• Describe an unconscionable contract.

It is a contract that is so harshly one-sided and unfair that the court shock the conscience
of the court.

• Describe three kinds of contract that are illegal and void in many states.
• usury: the charging of a higher amount of interest than is allowed by consumer
protection law
• contacts in restraint of trade such as agreements not to compete,
• contracts that are opposed to public policy. Public policy is a doctrine that is often
difficult to identify but is generally thought to be underlying foundational principles
that bind various people into a close-knit society.

Part 2: Understanding legal concepts

Indicate whether each statement is true or false. Then, change the italicized word or
phrase of each false statement to make it true.
• F -> doesn’t come
• T
• F -> statute of frauds
• T
• F -> $500
• T
• T
• F -> can
• F -> fraud in the inducement
• T

Part 3: Checking terminology

From the list of legal
terms that follows, select the one that matches each definition.

Part 4: Using legal language

Read the following story and fill in the blank lines with legal terms taken from the list
of terms at the beginning of this chapter:
 Part 5: Puzzling over what you learned

• CHAPTER 20: THIRD PARTIES AND DISCHARGE OF CONTRACTS

Part 1: Reviewing what you have learned
After studying the chapter, write the answers to each of the following questions:

• Explain the differences between an assignment and a delegation.

• Transfer of right under a contract to a third party is called assignment while transfer
of responsibility or obligation to a third party is referred to as delegation.
• Duties to perform personal services cannot be delegated without a consent of the
person for whom the duty is to be performed.
• Both assignment and delegation are possible under a contract.
• It is possible to prohibit assignment or obligation by specifically mentioning in a
contract

• List five ways that contractual obligations may come to an end.

The principal ways that contractual obligations end are as follow:
• performance
• agreement
• impossibility
• operation of law
• breach of contract

• If the time for performance is not mentioned in a contract, when must the contract be
performed?
If no time for performance is put in the contract, it must be performed within a
reasonable time. This time, left to the discretion of the judge or jury, may be fairly
allowed depending on the circumstances.

• What is necessary for a person to be in a position to bring suit against another for breach
of contract?
To be in a position to bring a law suit against another for breach of contract, it is
necessary for a party to make tender. Tender of performance means to offer to do that
which one has agreed to do under the terms of contract; tender of payment means to offer
to the other party the money owed under the contract.

• Explain the difference between accord and satisfaction.

An accord is an arrangement in which when there is a dispute, the parties will agree to
our perform in different manner from that agreed upon originally. When the agreed-upon
performance is completed, a satisfaction occurs.

• List three legal reasons for discharging a contract for impossibility.

Legal reasons for discharging a contract for impossibility include:
• death of a person who was to perform personal services
• destruction of the exact subject matter of the contract
• subsequent illegality of that particular performance

• Describe two situations that toll the statute of limitations.

The statute of limitations is tolled (it does not run) while (1) a plaintiff is under a
 disability such as infancy or mental illness or (2) a defendant is out of the state and not
under the jurisdiction of the court.

• How do nominal damages, punitive damages, liquidated damages, incidental images, and
consequential damages differ from one another?
• Nominal damages (damages in name only) are sometimes recovered in the amount of
$0.01 or $1 by a party who wins a lawsuit by proving that the defendant breached
the contract, but suffers no actual monetary loss.
• Punitive or exemplary damages are awarded to the plaintiff as a measure of
punishment for the defendant’s egregious acts related to breaching the contract.
• Liquidated damages are damages that are agreed upon (pre-determined) by the
parties at the time of the execution of the contract in the event of a subsequent
breach.
• Incidental damages may be awarded to the injured party to cover reasonable
expenses that directly result from a breach of contract.
• Consequential damages are losses that flow not directly from the breach,but from the
consequences of it.

• Under what circumstances may the court order specific performance of a contract?
The court order specific performance of contract only when the subject matter of the
contract is either unique or rare so that money damages are not an adequate remedy for
the injured party.

Part 2: Understanding legal concepts

Indicate whether each statement is true or false. Then, change the italicized word or
phrase of each false statement to make it true.
• F -> right
• F -> can
• F -> performance
• T
• T
• F -> satisfaction
• T
• F -> four/4
• F -> injured
• T

Part 3: Checking terminology

From the list of legal terms that follows, select the one that matches each definition.

Part 4: Sharpening your Latin skills

In the space provided, write the definition of each of the following legal terms, referring
to the glossary when necessary:

assumpsit: promised
ex contractu: out of the contract
gratis: without reward/ consideration
in pari delicto: in equal default
locus sigilli: the place of the seal
non assumpsit: not undertaken/promised
nudum pactum: a barren promise without consideration
quasi: as if/ almost as if were

Part 5: Using legal language

Read the following story and fill in the blank lines with legal terms taken from the list
of terms at the
beginning of this chapter:

Part 6: Puzzling over what you learned