Deck 2: An Introduction to Contracts, Torts, Statutes and Regulations

Question 1

Civil law includes Contract law, torte law, and Statutory/regulatory law

Answer 1

False

Question 2

For our purposes in construction, law can be separated into criminal law and

A) civil/common law
B) uncivil conduct
C) high crimes and misdemeanors
D) constitutional law

Answer 2

A

Question 3

Criminal law seeks to

A) provide a model for others
B) create harmony
C) issue warrants
D) punish the offender

Answer 3

D

Question 4

Civil law

A) is a mistake
B) attempts to restore the wronged party to position before incident
C) never works well unless backed by a strong police force
D) creates civil discord

Question 5

Common law depends upon

A) others making the same mistake
B) an attorney qualified to practice common law
C) previous rulings on similar issues
D) a set of specific laws that detail exact consequences for common crimes

Question 6

A Contract in its most fundamental definition would be an agreement between two or more parties for which if there is a breach of the agreement

A) a court can determine a remedy
B) someone will have to pay the other party
C) the Contract no longer exists
D) the aggrieved party can cancel the Contract

Question 7

Tort law involves

A) a wronged party
B) a contract between two parties
C) the wronged party is entitled to compensation
D) A and C

Question 8

The Construction Manager

A) is usually the Architect
B) knows what the Owner wants better than anyone else
C) is hired by the Owner to oversee the completion of the project
D) serves to manage and decide all disputes on a project between Designers and the Constructor

Question 9

A construction contract

A) has to be written
B) has to be agreed to by at least two parties
C) requires penalties for failure to complete, particularly on time
D) defines cost, schedule, and quality related to the final project

Question 10

Ethics

A) can set limits on success
B) can be a burden to those practicing it
C) is found less in construction than other industries
D) none of these

Question 11

Another term often used for a Subcontractor is Specialty Contractor

Question 12

To be valid, a Contract must be in writing

Question 13

Criminal law seeks to punish the offender and civil law attempts to restore or make whole the injured party

Question 14

Most of the Common Law principles and traditions in the United States originated throughout Europe

Question 15

Common law relies upon precedence in previous cases

Question 16

A Contract is an agreement between two or more parties for which if there is a breach of the agreement a court can determine a remedy

Question 17

Tort law generally involves 1) a civil wrong, 2) between two parties that must be contractually obligated, 3) in which the wronged party is entitled to compensation

Question 18

There are many statutes and regulations the construction professional must follow or comply with

Question 19

How we react emotionally to daily challenges can impact schedules or affect the quality and conformance to design requirements

Question 20

There is no place for emotional reactions to the daily pressure of construction

Question 21

We can trace much of our adversarial legal system back to the Greeks

Question 22

A remedy in legal terms

A) is a medical treatment in a safety violation that has caused an injury
B) is never appealable
C) hurts more than it helps
D) resolves an issue in favor of one or more parties