1-7 Law

A Good Samaritan law a. makes it a crime for a bystander to fail to come to the aid of another in serious peril if to do so would not put the bystander in harm's way. b. rewards persons who render assistance to strangers. c. protects persons who refuse to assist another individual who is in peril. d. limits the duty that strangers owe to victims of violent crimes.

A

A breach of contract happens when a. a party fails to perform their contractual obligations. b. a party commits a tort. c. a contract is voluntarily entered into for a criminal purpose. d. a contract lacks consideration.

A

A court held that a landlord who placed television transmitters and microphones in a tenant's apartment for security purposes wrongfully invaded the tenant's privacy. The court noted, however, that cameras in the common hallways may not violate the tenants' privacy rights. This last statement would be considered a. dictum. b. prima facie evidence. c. a res judicata. d. laches.

A

A decision by a court of final appeal on an issue of state law is generally binding on a. lower state courts. b. lower state courts and other states' trial courts. c. all states' trial courts and appellate courts. d. None of the above is true.

A

A final judgment or decree rendered on the merits, without fraud or collusion, by a court of competent jurisdiction, is conclusive of rights, questions, and facts in issue as to the parties and their privies and is a complete bar to any subsequent action on the same cause of action between the parties, or those in privity with them. This statement explains a. res judicata. b. the full faith and credit clause. c. dictum. d. stare decisis.

A

A lives next door to B and plays loud music all night so that B gets little sleep. After repeated requests to A to lower the volume, B sues A, asking for an injunction. The final decision of the court is in favor of B. What kind of injunction would the court issue in its final decision? a. Mandatory b. Prohibitory c. Preliminary d. Temporary

A

A state statute prohibits the carrying on one's person of "any handgun, knife, switchblade, blackjack, brass knuckles, or other concealed weapon or implement of violence." Should a question arise over its meaning, the interpretation of the statutory language "implement of violence" will most likely be resolved by a. a court. b. Congress. c. the executive branch. d. None of the above is correct.

A

Betty, a citizen of California, hits Bob with her automobile in Texas. It is her fault and involves a question of state, not federal law. Bob wants to bring a suit against Betty for $21,000 for personal injuries. Which court would have jurisdiction? a. Texas state court b. California federal court c. Texas federal court d. All of the above

A

Civil and Common law are different with regards to a. the role of precedent. b. the role of statutes and codes. c. the opinions of judges. d. All of the above are correct.

A

Common law remedies differ from equitable remedies in that common law remedies a. are the award of money damages. b. require a party to take or refrain from taking some action. c. are only awarded when the conscience of the court is shocked. d. None of the above is correct.

A

Constitutions, legislation, court decisions and regulations are examples of a. sources of American law. b. stare decisis. c. federalism. d. None of the above is true.

A

Corporations are citizens a. in the state where its headquarters is located. b. in the state where it is incorporated. c. in every state where it does business. d. in the state where the CEO resides.

A

Ethicists study a. moral responsibility. b. knowledge. c. correct reasoning. d. none of the above.

A

Former Iranian hostages and two of their wives filed suit against the United States seeking compensation because the Algiers Accord, the agreement made between the president and Iran that secured their release, deprived them of the right to sue Iran for injuries sustained while being held hostage. The federal appeals court determined that the case involved a policy decision made during a crisis situation by the president and was not subject to judicial review. The court should refuse to adjudicate this dispute based on a. the political-question doctrine. b. mootness. c. ripeness. d. standing.

A

How could A's attorney get the conversation between B and C, as well as the account books, into evidence? a. Call C as a witness and subpoena the books. b. Take D's deposition and introduce it instead. c. Ask the secretary to waive her confidentiality privilege. d. Qualify the secretary as an expert.

A

If a defendant defaults, the court can a. award a judgment to the plaintiff. b. have the defendant jailed until he or she agrees to comply. c. prohibit a jury trial. d. None of the above is correct.

A

If you believe that you should just "know" what is right and wrong, you are a. a natural law philosopher. b. an egoist. c. a utilitarian. d. None of the above is correct.

A

In Lawrence v. Texas, the court determined that a. people are entitled to their privacy, so private conduct cannot be a crime. b. people are subject to the norms of common morality, so private conduct can be criminalized. c. where public morality is different from the law, the voters should decide which standard should be followed. d. None of the above is correct.

A

In State v. Butler, the Supreme Court of Ohio was confronted with the question of whether the prosecution could use a non-Mirandized confession to impeach the credibility of a defendant who testifies in his or her own defense. The U.S. Supreme Court held in Miranda v. Arizona that the prosecution's use of statements of an accused made to police without prior warnings of his rights to remain silent, to counsel, and to have appointed counsel if indigent was a violation of the accuser's right against self-incrimination. Justice Frankfurter, in writing the Miranda decision, which involved the use of a confession as part of the prosecution's case-in-chief, suggested that a non-Mirandized confession could be used on cross-examination by the prosecution if the defendant testified. Which of the following statements is TRUE? a. Justice Frankfurter's statement is not binding on the Ohio Supreme Court in State v. Butler because it is dicta. b. Justice Frankfurter's statement is not binding on the Ohio Supreme Court in State v. Butler because a precedent set by the U.S. Supreme Court concerning the U.S. Constitution is not binding in Ohio state courts. c. Justice Frankfurter's statement is not binding on the Ohio Supreme Court in State v. Butler because Ohio courts can interpret the U.S. Constitution differently than the U.S. Supreme Court under the state's police power. d. Justice Frankfurter's statement is binding on the Ohio Supreme Court in State v. Butler even if it was a dissenting opinion in Miranda instead.

A

In which court do the opposing parties establish their positions through a presentation of the facts through the evidence? a. Trial court b. Appellate court c. Supreme Court d. It depends on the application of the Erie doctrine.

A

Laaperi purchased a smoke detector manufactured by Black & Decker from Sears. One night, a short- circuit occurred in the Laaperi house and an electrical fire broke out. Because the circuit was shorted, the AC-operated smoke detector received no power and did not sound an alarm. As a result, the Laaperis suffered extensive personal injuries and property damages. Laaperi filed a product liability suit under state law. Assume that Black & Decker is incorporated in Delaware and has its principle place of business in Charlotte, North Carolina. Laaperi lives in North Carolina, which is where the fire occurred and the alarm system was purchased. In which court should the plaintiff file suit for alleged damages of over a million dollars? a. North Carolina state court b. North Carolina federal court c. Delaware federal court d. Any of the above courts would have subject matter jurisdiction, but only the North Carolina courts would have personal jurisdiction.

A

Legislative powers include a. raising taxes. b. nominating judges. c. interpreting laws. d. None of the above is true.

A

Mohammed had a 5 year contract with the local grocery store to deliver specially prepared meats. Mohammed heard the store was having financial trouble and he was worried the store might breach the contract. Mohammed went to his attorney, wanting to sue the store. What should the attorney advise? a. He should wait; the case is not yet ripe. b. He can't sue because he does not have standing. c. He should sue immediately, before the statute of limitations runs out. d. None of the above is correct.

A

On the basis of the general rules of evidence and assuming that no exceptions to those rules apply, which of the following pieces of evidence will a judge not allow into court? a. A witness's testimony about hearing defendant's brother says that two years ago defendant committed the offenses. b. A plumber's testimony as to the likelihood that a pipe will fail under certain conditions c. The original copy of plaintiff's birth certificate d. None of the above is correct.

A

Once the statute of limitations has run a. the defendant may plead the statute as a defense. b. the defendant loses the cloak of immunity. c. the plaintiff must prove an identity of parties and an identity of issues. d. None of the above is correct.

A

Peter filed a suit against St. Paul Church. Before trial the church offered Peter $10,000 to settle the claim outside of court. Peter accepted the money. Peter and the church agreed that the trial should take place even though neither would consider the results binding. Peter wants to find out if he would have won and what amount of damages the jury would have come up with. The church wants the court to define the limits of charitable immunity. What should the court do under these circumstances? a. Dismiss the case as being moot because the parties settled. b. Issue an advisory opinion to set a precedent on the doctrine of charitable immunity. c. Rule on charitable immunity as it is a case or controversy and the parties have standing. d. Grant a JNOV because the case is ripe.

A

Plaintiff Carol Burnett, the comedienne, believed she had been defamed by an article in the National Enquirer, which stated that Burnett was intoxicated and involved in a row with Henry Kissinger in a Washington, D.C., restaurant. She sued the Enquirer, and the jury awarded her $300,000 in general damages and $1,300,000 in punitive damages. The National Enquirer argued that the evidence produced at trial did not establish malice as a matter of law. What posttrial motion would the Enquirer make? a. JNOV b. Directed verdict c. Summary judgment d. Motion to dismiss

A

Plaintiff sued a city college that terminated his employment without affording him a hearing on the grounds for his dismissal. The defendant college argued to the trial judge that as the plaintiff was an at-will employee without tenure, without a contract of employment, and without any promise of continued employment, he had no property interest in his continued employment and was not entitled to due process prior to dismissal. Before trial, the defendant college asked the judge to rule as a matter of law that it should prevail, as the fact of his at-will employment status was undisputed. If the trial judge believes that the plaintiff indeed had no reasonable expectation of continued employment, hence no property interest and no entitlement to constitutional due process, what should he do? a. Grant the defendant's motion for summary judgment. b. Grant summary judgment in favor of the plaintiff. c. Grant the defendant's motion for a directed verdict. d. Grant plaintiff's motion to JNOV.

A

Restitution is designed to a. prevent unjust enrichment. b. avoid shocking the conscious of the court. c. financially make a party whole. d. None of the above is correct.

A

Ruby is injured in a car accident, which was Bubba's fault. She sued him for $150,000 alleging negligence, which involves a question of state law. Ruby is a citizen of North Carolina, while Bubba is a resident of Tennessee. The accident occurred while both were on vacation in Virginia. Which court could NOT have jurisdiction? a. A North Carolina state court b. A Virginia state court c. A Tennessee federal court d. A Tennessee state court

A

Scott entered into a contract with Nadine to landscape her yard. When Scott completed the job, Nadine refused to pay, claiming the work was not done properly because the wrong plants were used and the job was not finished on time. Scott brought suit against Nadine to collect the amount due. If Nadine wished to raise the defense that the work was performed improperly, in what legal document will she state her defense? a. Answer b. Complaint c. Reply d. Summons

A

Sludge Inc., a Wisconsin corporation, has a website in Wisconsin on which it advertises its wares. This website is accessible in every state in the nation. A Colorado company believes that Sludge has infringed on its trademark, which is protected under federal law, and sues Sludge in Colorado. Sludge wishes to challenge the jurisdiction of the Colorado court because the company alleges that it has insufficient contacts with Colorado. What should Sludge do? a. Make a motion to dismiss for lack of in personam jurisdiction. b. Make a motion to dismiss for lack of subject matter jurisdiction. c. Ask for a default judgment. d. File a reply.

A

The Hadleys ran a flourmill in Gloucester. The crankshaft attached to the steam engine in the mill broke, causing the mill to shut down. The shaft had to be sent to a foundry located in Greenwich so that the new shaft could be made to fit the other parts of the engine. Baxendale was a common carrier that transported the shaft from Gloucester to Greenwich. The freight charges were collected andBaxendale promised to deliver the shaft the following day. It was not delivered for a number of days, however, and as a result, the mill was closed for those days. What will be the critical issue in determining whether the Hadleys may recover their lost profits for the time the mill was closed? a. If the damages were reasonably foreseeable by the defendant as a result of the breach and if they can be established with a reasonable degree of certainty b. If Baxendale committed a tort in breaching the contract c. If restitution would be not be an appropriate equitable remedy d. If the special damages were greater than the general damage

A

The decisions that constitute the conflict-of-laws rules simply determine which state's law is applicable to any given question when more than one state is involved. In a contractual dispute in which the court follows the lex fori rule, the court applies the law of the place a. where the action was instituted. b. where the contract was made. c. of performance of the contract. d. whose law the parties intended should govern.

A

The informal discovery period is a. a period before formal legal proceedings begin. b. a period after the trial begins, during which discovery continues. c. a period preceding the judgment, designed to influence the award amount. d. All of the above are correct.

A

The maxim of "coming into court with clean hands" is a requirement of a. courts of equity. b. the U.S. surgeon general. c. the tax courts. d. constitutional origin.

A

The plaintiff brought a small claims action against the defendant for failing to maintain his premises in a safe condition and won a money judgment in the amount of $163.95. Five months later, the plaintiff brought a second lawsuit against the same defendant in district court alleging the same set of circumstances, but seeking more money. The defendant should make a motion to dismiss on what grounds? a. The doctrine of bar and merger (res judicata) prohibits relitigation of the same cause of action between the same parties when a final judgment on the matter has been entered. b. It should be dismissed because of double jeopardy under the Constitution. c. The statute of limitations expired when the first judgment was entered. d. The plaintiff lacks standing under the harmless error doctrine.

A

Tom Jones and Leonard Woodrock were deep-shaft coal miners in West Virginia, although Leonard lived across the border in Kentucky. Tom purchased a new Corsair, a National Motors car, from Pappy's Auto sales, a local firm in West Virginia. National Motors Corporation is a large auto manufacturer with its main factory in South Bend, Indiana, and incorporated in Kentucky. When Tom was driving Leonard home from the mine, the Corsair's steering wheel inexplicably locked. The car hurtled down a 100-foot embankment and came to rest against a tree, just a mile from the mine, in West Virginia. The Corsair, which cost $21,000, was a total loss. Tom and Leonard suffered damages of $800,000 apiece for personal injuries. They wish to file suit under state tort law. a. Tom could sue National Motors in federal court, but Leonard could not. b. As long as Tom could sue National Motors in federal court, Leonard could join his suit and together they could sue the company in federal court. c. Leonard could sue National Motors in federal court, but Tom would have to file suit in state court. d. Neither Leonard nor Tom could sue National in federal court.

A

Two neighboring families, the As and the Bs, wish to enlarge their garages. Because of a surveying mistake, both believe that they are the rightful owners of a 3-foot strip of land that runs along the border of their properties. Each family wants the land for its own garage. The As decide to take the case to court. What would be the proper remedy? a. A permanent prohibitory injunction to prevent the Bs from building on the land b. Punitive damages to punish the Bs for trying to build on the land c. A declaratory judgment to determine who owns the land d. None of the above is true.

A

What kind of classification schemes are invalidated by the Equal Protection Clause? a. Discriminatory b. Contractual c. Economic d. Discretionary

A

What type of attorney conduct is generally covered by rules of professional ethics? a. Competency b. Confidentiality c. Conflict of interest d. All of the above are correct.

A

When can one determine whether an action is "good or bad"? a. Philosophers disagree that this can be conclusively proven. b. By looking at the future implications of an action c. By looking backwards to identify relative costs and benefits d. None of the above is correct.

A

Which of the following disputes should an American court decline to hear on the basis of the act of state doctrine? a. A foreign dictator confiscates a warehouse containing merchandise belonging to an American corporation, which is located in the territory of the foreign sovereign. The American corporation wants to challenge, in an American court, the right of the dictator to seize the property in his country. b. A Florida woman unknowingly marries a Cuban spy, an agent of the Cuban government who was sent to infiltrate the Miami Cuban community in order to obtain information concerning Brothers to the Rescue, a group that aids people trying to escape from Cuba. She alleges that her relationship with the spy was nonconsensual as she did not know of his surreptitious directions from the Cuban government to marry her just to obtain information. She wishes to seek damages from Cuba in an American court. c. An agent of the intelligence branch of the Libyan government was responsible for a terrorist act that injured Americans. The act that caused the damages did not occur in Libya. The Americans wish to sue Libya in an American court for their injuries. d. None of the above is correct.

A

Which of the following is TRUE regarding rescission as a remedy? a. It will not be granted if money damages would be adequate to compensate the injured party. b. It is never granted in contracts involving unique items of personal property. c. It is granted frequently in contracts involving the sale of goods. d. It is available for the enforcement of contracts for personal services.

A

Which of the following is a true statement about the U.S. Court of Appeals? a. Each of the judicial circuits has only one Court of Appeals. b. Most review done by the Court of Appeals is by certiorari. c. Review by the Court of Appeals is often done with the help of a jury, but a timely request must be made or else a jury trial will be waived. d. All of the above are true.

A

Which of the following is not a pleading? a. Deposition b. Reply c. Answer d. Complaint

A

A case is ripe when a. all parties agree regarding the proper forum for the case. b. a case has developed enough for the parties to have distinct, adverse positions. c. discovery has concluded thus clarifying the facts. d. All of these answers are correct.

B

A defendant who loses the case because the judge, after the conclusion of the trial, awards a money judgment to the plaintiff is called a. the defendant debtor. b. the judgment debtor. c. the defendant creditor. d. the judgment creditor.

B

A summons is sent to a. the plaintiff. b. the defendant. c. both the plaintiff and the defendant. d. neither the plaintiff nor the defendant.

B

A tavern sold liquor to a drunken patron who was subsequently involved as a driver in a fatal motor vehicle collision. The plaintiff was rendered a quadriplegic as a result. Prevailing precedent in this jurisdiction provides that the tavern does not owe a duty to third party motorists to guard against injuries caused by patrons who become intoxicated at their place of business. If the plaintiff appeals the trial court's granting of the defendant tavern's motion to dismiss, could the state supreme court overrule the precedent and recognize the tavern's responsibility and liability for the plaintiff's injuries? a. Yes, but the new precedent can only be applied to subsequent cases. b. Yes, if the precedent is no longer appropriate because of changing economic, political, and social conditions. c. No, not unless the legislature changes the precedent by statute. d. No, the doctrine of stare decisis prevents precedents from being overruled without exception.

B

Before the U.S. Constitution was adopted, police power was exercised by the states. Upon its adoption a. states delegated the power to the federal government. b. states retained police power for themselves. c. states eliminated police power. d. None of the above is true.

B

Discovery usually takes place a. immediately after the complaint is filed. b. after answer is filed. c. after opening statements at trial. d. None of the above is correct.

B

During the early years of our nation, legal systems were greatly influenced by the legal systems of a. France. b. England. c. both France and England. d. neither France nor England.

B

Equity cases a. have a constitutional right to a jury trial. b. have no constitutional right to a jury trial. c. have no constitutional right but the right has been inferred from court decisions. d. None of the above is correct.

B

Ezra is not concerned about the morality involved in Insider Trading prohibitions. Instead he adamantly believes that because these laws are valid statutes passed by Congress, people ought to obey them—end of story. To which jurisprudential school of thought would Ezra belong? a. Natural law b. Positive law/analytical positivism c. Utilitarian law d. Sociological law

B

Federal and state judges a. always consider moral views when determining their decisions. b. sometimes consider moral views when determining their decisions. c. are prohibited from considering moral views when determining their decisions. d. rarely consider moral views when determining their decisions.

B

How are equitable maxims used? a. In lieu of statutory damages b. As decision-making guides c. To determine liquidated damages d. None of the above is correct.

B

If a lawyer fails to follow the rules of discovery, the injured party can a. file a motion for a directed verdict. b. ask the court to impose sanctions. c. either file a motion or impose sanctions. d. None of the above is correct.

B

Immunities exist because a. some people are too important to be sued. b. sometimes there is a greater public good than the right to sue. c. traditionally disadvantaged people deserve relief from the courts. d. All of the above are correct.

B

In Fracasse v. Brent, an attorney filed a complaint against a former client who discharged the attorney without cause in order to recover a one-third interest in any damages recovered in the personal injury action brought by the former client as provided for in their contingency fee contract. It is settled law that clients may discharge their attorneys with or without cause and that the contingency fee is not due unless the contingency has occurred, which it had not in this case. In this case, the attorney would only be entitled to the reasonable value of his services up to discharge. What should the client do? a. Ask the court to issue a peremptory challenge. b. Make a motion to dismiss for the failure to state a claim on which relief can be granted. c. Make a motion for a directed verdict. d. Make a motion for a subpoena to sanction discovery violations.

B

In order to have a trial, there must be a. diversity of citizenship. b. a factual dispute between the parties. c. a dispute between the parties regarding the law. d. an amount in controversy in excess of $10,000.

B

In the 1960s during the Civil Rights movement, people would frequently protest laws that permitted segregation based upon race by peacefully refusing to obey them. For example, Rosa Parks, an African American woman, was arrested for refusing to move to the back of a Montgomery bus. Many such protesters justified their disobedience based upon the belief that the segregation laws were immoral and unfair. They believed that arbitrary classifications based upon immutable traits, such as race, should not be respected as law because the government has a moral duty to treat all persons equally and fairly whatever their race. Which jurisprudential school of thought is reflected in such beliefs? a. Legal Realism b. Natural Law c. Historical Jurisprudence d. Utilitarian Law

B

In the Federal Tort Claims Act, a. the federal government codified the common law rule of sovereign immunity. b. the federal government waived its immunity from tort claims. c. the federal government shifted the burden of proof from the plaintiff to itself, as the government generally has greater resources than individuals. d. None of the above is correct.

B

In which of the following situations would specific performance be available as a remedy? a. A contract for the sale of apples when the buyer breaches b. A contract for the sale of a unique good when the seller breaches c. A contract for the sale of a unique good when the buyer breaches d. A contract for the sale of apples when the seller breaches

B

Jeff moved to a new city and purchased a house. A few weeks after he moved into his new home, he learned that it had been the scene of a gruesome murder and that local legend considered it haunted. As these facts adversely affected the potential resale price of the house, he wishes to avoid his obligation under the contract based on fraudulent misrepresentation. What remedy would he be seeking if he wanted to set aside the contract for the sale of the house and recoup his purchase price? a. Specific performance b. Rescission c. Liquidated damages d. Injunctive relief

B

John Smith, a resident of Cincinnati, Ohio, stays with friends in Tennessee for the summer months. On the way to Tennessee in early June, he had an automobile accident in Kentucky with Mary Jones, a Kentucky resident. Mary wants to bring suit against John for $5,000. In which of the following courts is it possible for Mary to bring a suit against John concerning a question of state tort law? a. Tennessee state court b. Kentucky state court c. Ohio federal court d. Kentucky federal court

B

Judy sues Ralph concerning violations of federal copyright laws in federal court for the northern district of Illinois. Ralph's witnesses are all in southern Illinois, so he would like the case moved. What should he do? a. Ask to remove the case to state court. b. Ask for a change of venue. c. Ask for summary judgment. d. Petition for a writ of certiorari.

B

Nancy, a nurse, is summoned for jury duty in a medical malpractice case. She asserts under oath that she will not substitute her own judgment for the facts presented at trial and that she can render a fair and impartial verdict. Counsel for the defendant doctor, however, feels that she probably dislikes doctors and will not be prodefense. Counsel for the plaintiff likes Nancy and the judge believes that she can render a fair and impartial verdict. What should defense counsel do? a. Issue a dismissal for cause. b. Exercise a peremptory challenge. c. Move for a mistrial. d. Ask for a change in venue.

B

On July 1, 1993, the day of his tenth birthday, Juan lost the sight in his right eye because a soft drink exploded. The drink was bottled on December 23, 1992, and Juan's parents purchased it on July 1, 1993. Assume that in this state the statute of limitations for this type of action is two years and the age of majority is 18. Juan and his parents want to sue the bottler of the soft drink. The parents want money damages for the loss of Juan's services and medical bills. Juan wants damages for the loss of the sight of his eye and pain and suffering. When will the statute of limitations run under these circumstances? a. December 23, 1994, for the parents and December 23, 2000, for Juan. b. July 1, 1995, for both the parents and Juan. c. December 23, 1994, for both the parents and Juan. d. July 1, 1995, for the parents and July 1, 2001, for Juan.

B

One reason that vague criminal laws may be ruled unconstitutional is because they may authorize arbitrary and discriminatory enforcement. Even laws that are not vague; i.e., those which seem straightforward and impartial—are often applied in an unfair manner because of the prejudices and biases of people participating in the justice system. The belief that the law is often applied in an arbitrary manner because of social realities is associated with what jurisprudential school of thought? a. Analytical Positivism b. Legal Realism or Sociological Jurisprudence c. Utilitarian Law d. Natural Law

B

Our nation is committed to the rule of law. What does that mean? a. Our laws were enacted for and apply primarily to the elites. b. Our laws apply to everyone— no person is above the law. c. Our laws were enacted for and apply primarily to the poor and uneducated. d. None of the above is true.

B

Plaintiff alleged that the attendance policy at her school was unreasonable and that, notwithstanding her unexcused absences, she was wrongfully denied a diploma. If it is established at trial that the plaintiff frequently forged excuse notes and tried to deceive the school, then equitable relief may be denied on the basis of a. laches. b. equity's clean hands doctrine. c. unjust enrichment. d. the avoidable harm doctrine.

B

Right and wrong can be scientifically proven. a. Philosophers generally agree this is true. b. Philosophers disagree whether this is true. c. This is not a question that philosophers generally consider. d. None of the above is true.

B

Specific performance is appropriate when a. a plaintiff wants the contract to be specifically performed. b. there is no adequate remedy at common law. c. the defendant can't afford monetary damages. d. All of the above are correct.

B

The Fifth and Fourteenth Amendment Due Process Clauses apply to a. everyone. b. just the government. c. just private parties. d. none of the above.

B

The basis of the political-question doctrine is a. the natural law concept of fairness. b. the constitutional separation of powers. c. both fairness and separation of powers. d. None of the above is correct.

B

The federal government derives its legislative power from a. the police power. b. Article I of the U.S. Constitution. c. Article II of the U.S. Constitution. d. Article III of the U.S. Constitution.

B

The federal minimum wage law requires that most workers be paid at least $5.15 per hour. A governor of a small industrial state, in which the standard of living is considerably below national levels, perceives that some employers might be willing to hire more workers if the amount were lowered. In order to increase the general welfare of the citizens of this state, he proposes to the legislature a bill lowering the minimum wage in certain industries and especially for certain age groups. Such a state Act would probably be declared unconstitutional because of a. the full faith and credit clause. b. the supremacy clause. c. the political question doctrine. d. the First Amendment.

B

The federal prosecutor is interested in having more defendants plead guilty. She has come up with a procedure to make plea requests more equitable and thus more appealing to the defendants. However, she is not sure that the process is completely legal. She sends a letter to the local Circuit Court requesting its opinion. How should the Circuit Court respond? a. It should grant the request in an advisory opinion. b. It should deny the request, as there is no case or controversy. c. It could either grant or deny, depending on the potential impact of the procedure. d. None of the above is correct.

B

The requirement that a litigant bringing a court action must have a legally sufficient personal interest in the dispute in order to bring the complaint is known as a. ripeness. b. standing. c. case or controversy. d. mootness.

B

The role of civil law in the American legal system has been a. irrelevance. b. increasingly influential. c. predominant. d. None of the above is correct.

B

What was the significance of the Gregg v. Georgia decision? a. That capital punishment was not inherently cruel and unusual punishment b. That an ethical review is necessary for all statutes related to criminal law c. That the Court could not, in deciding the case, address issues of ethics d. None of the above is correct.

B

When does the U.S. Supreme Court grant certiorari? a. When six of the nine judges agree to grant it. b. When important reasons exist for doing so. c. When the plaintiff and the defendant agree to request it. d. None of the above is correct.

B

Which branch(es) of government establishes the courts? a. The executive branch b. The legislative branch c. The judicial branch d. Both the judicial and the legislative branches

B

Which of the following is NOT a fundamental right under substantive due process? a. Contraception b. Health care c. Child rearing d. Education

B

Why are judges generally willing to recuse themselves when there is even a perception of bias or conflict of interest? a. Because all judges are strongly ethical people b. Because they must depend on the other branches of government to enforce their decisions c. Because they will automatically lose their position as judge if they don't d. None of the above is correct.

B

Why are punishments for crimes like murder, rape, and robbery more stringent than for white collar crimes like forgery? a. Because murder, rape, and robbery impact more people. b. Because murder, rape, and robbery violate both legal and moral principles. c. Because white collar crimes happen in business with more privileged people. d. Because white collar crimes are harder to detect.

B

Why were the elites attracted to the idea of historical jurisprudence? a. It resulted in the greatest fairness for the most people. b. It maintained the status quo, which preferred the elites. c. It banned lawsuits against the elites. d. It promoted rapid change and easily kept up with the times.

B

Zoe blatantly cheated on her test. However, everyone else in the class was cheating as well and the teacher did not seem to care. Zoe cheated to bring the problem to the teacher's attention. Which of the following would a Utilitarian believe about this situation? a. Zoe should be evaluated based on his reason for cheating and should possibly avoid punishment. b. Zoe should be expelled to set an example to other students. c. Zoe should not be punished because she has the right to act in her own self-interest. d. None of the above is correct.

B

A contract consists of a. an offer, consideration, and a remedy. b. an offer, a remedy, and equitable relief. c. an offer, acceptance, and consideration. d. an offer, acceptance, and a remedy.

C

A enters into a contract for the sale of her house to B, to take place as soon as title can be conveyed. However, she dies between execution of the contract and conveyance of the land. Equity declares that B has a right to the house and A's estate has a right to the purchase price. Which of the following equitable maxims best supports this? a. Equality is equity. b. Equity follows law. c. A person who seeks equity must do equity. d. Equity regards as done that which should be done.

C

A trespasses on B's land. Almost two years later, one day before the statute of limitations runs out on the trespass, B brings suit. The case will not come to trial for at least six months. Which of the following is true? a. The cause of action accrued as soon as B filed the suit. b. A may plead the statute of limitations as a defense. c. When B commenced the suit, the statute of limitations was tolled. d. A's statute-of-limitations defense depends on whether the statute contains a savings clause.

C

A trial can happen a. only before a judge. b. only before a jury. c. before either a judge or a jury. d. None of the above is correct.

C

American law has been influenced by a. civil law systems. b. common law systems. c. both civil and common law. d. neither civil nor common law.

C

An appellant is a. the party who lost at the trial-court level. b. the plaintiff at the trial-court level. c. a party who brings an appeal. d. none of the above.

C

An injunction that requires a court, before issuing it, to consider the likelihood of success on the merits and the possibility of irreparable harm if it is not issued is known as a a. mandatory or prohibitory injunction. b. permanent injunction. c. preliminary injunction. d. TRO.

C

At a civil trial, the plaintiff has been largely unsuccessful in proving medical malpractice against the defendant doctor. In the rebuttal stage of the trial, the plaintiff produces a surprise witness, who was previously unavailable and who testifies dramatically that the doctor was in fact negligent. Unfortunately for the plaintiff, the judge correctly rules that the witness's testimony is inadmissible and instructs the jury to disregard it. Not withstanding the judge's admonition, the jury finds in favor of the plaintiff, on the basis of no evidence that was legally admitted into the record. The trial judge should grant a JNOV for the a. plaintiff and grant the defendant's motion for a new trial. b. plaintiff and grant the plaintiff's motion for a new trial. c. defendant and grant the plaintiff's motion for a new trial. d. defendant and grant the defendant's motion for a new trial.

C

Carl contracts to sell his house and lot to Winifred for $30,000. Winifred found a house she liked better, so she breached the contract. Two weeks later Carl sold the house and lot to Barb for $25,000. He sues Winifred for $5,000. What type of damages is Carl seeking? a. Hedonic b. Punitive c. Compensatory d. Nominal

C

Common law relief follows from an injury resulting from a. a tortious act. b. a breach of contract. c. either a tortious act or a breach of contract. d. None of the above is correct.

C

Due process applies to a. only substantive law. b. only procedural law. c. both substantive and procedural law. d. neither substantive nor procedural law.

C

Except in matters governed by the federal Constitution or by acts of Congress, the law to be applied in any case is the law of the state. Moreover, whether the law of the state shall be declared by its legislature in a statute or by its highest court in a decision is not a matter of federal concern. This rule to be applied by the federal court system is found in a. the federal Constitution. b. Swift v. Tyson. c. Erie Railroad Company v. Tompkins. d. the Uniform Commercial Code.

C

Federal trial judges are constitutionally entitled to grant which of the following motions if a jury's award of money damages is found by the judge to be grossly excessive as a matter of law? a. Forum non conveniens b. Additur c. Remitittur d. Summary judgment

C

Fuentes purchased a stove and stereo from Firestone Tire and Rubber Company. Payment was to be made in monthly installments over a period of time. After two-thirds of the payments were made, Fuentes defaulted. Firestone filed an action for repossession and at the same time instructed the sheriff to seize the property pursuant to state law. The sheriff seized the property before Fuentes even knew of Firestone's suit for repossession. Which constitutional safeguard does the state statute, which allows seizure prior to notice and hearing, violate? a. Sixth Amendment, right to trial by jury b. Fifth Amendment, Due Process Clause c. Fourteenth Amendment, Due Process Clause d. Fourth Amendment, right to be free from unreasonable searches and seizures

C

If Webster sues Olson for breaking Webster's arm in a barroom fight in Lihue, Hawaii, the civil case would be captioned a. Olson v. Webster b. State of Hawaii v. Webster c. Webster v. Olson d. Olson v. State of Hawaii

C

If a criminal law is too vague or is overbroad, then substantive due process rights are violated because such a law fails to give citizens fair notice of what is prohibited. What is another concern raised by vague criminal statutes? a. They may permit police officers to act arbitrarily in the enforcement of the law. b. They may permit police to enforce the law in a discriminatory manner. c. Both A and B are true. d. None of the above is true.

C

If one believes in natural law, one believes a. that nature is our guide to right and wrong. b. that science is our guide to right and wrong. c. that there are intuitive notions of right and wrong. d. None of the above is correct.

C

If the jury grants an award that is exceedingly high or low, the trial court can award a. additur. b. remittitur. c. either additur or remittitur. d. only the amount decided upon by the jury.

C

In a jury trial a. the judge is in charge of decision-making functions. b. the jury is in charge of decision-making functions. c. the judge and jury share decision-making functions. d. decisions were made at the lower court, so neither the judge nor the jury has decision- making functions.

C

In many states, if the executive or legislative branches have a legal question, they should ask a. the State Supreme Court. b. the U.S. Supreme Court. c. the State Attorney General. d. their own private counsel.

C

Laches is a(n) a. equitable defense that is used to deny equitable relief where a plaintiff's unreasonable delay in bringing the action caused prejudicial harm to a defendant. b. defense similar to the running of the applicable statute of limitations. c. Both A and B are correct. d. None of the above is correct.

C

Laws and governmental actions that violate a written constitution are a. criminal. b. unconstitutional. c. void. d. subject to the lex loci delicti rule.

C

Liens and garnishments are examples of a. pretrial motions. b. reasons for excluding jurors. c. methods of enforcing judgments. d. methods of discovery.

C

Martin Luther King's Birmingham Jail letter articulated which philosophical school of thought? a. Logical b. Metaphysics c. Natural law d. Epistemology

C

Pet Ponderosa Memorial Gardens leased 10 acres of land from Memory Gardens to be used as a pet cemetery. This land was adjacent to Memory Gardens' human cemetery. As part of the lease, the pet cemetery was allowed to use all available water each evening for two hours to develop and maintain its landscaping. Then Memory Gardens abruptly cut off the water supply, and as a result the grass and the other plants were in peril of dying. What remedy should Pet Ponderosa seek to stop Memory Gardens from breaching its contract? a. Restitution b. Rescission c. Injunction d. Damages

C

Plaintiffs brought suit against the city under federal law, claiming that their civil rights had been violated because the authorities failed to revoke the driver's license of an epileptic, who had caused several accidents, and not revoking it had resulted in personal injury and property damage to other persons prior to his accident with plaintiffs. The plaintiffs in the case could have filed their suit in a. a state trial court. b. a federal trial court. c. either a state or federal trial court. d. none of the above; it is an administrative action involving the Department of Motor

C

Ruby sues Bob for breach of contract. In which of the following cases would res judicata not bar her subsequent suit against Bob? a. She sues him for breach of a different contract. b. She sues him for more money than she sought in her first suit arising from the same contract breach. c. She sues him in federal court instead of state court as she did in her first suit arising from the same contract breach. d. She sues him in a different state than she did in her first suit arising from the same contract breach.

C

Suppose instead that the attorney in Fracasse vs. Brent sued for the reasonable value of the services he had rendered up until the time of discharge. In response to this complaint, the client alleged in a court document that the attorney's services were worthless because he missed an important filing date and thereby compromised the validity of the client's claim. The client further alleged that the attorney's conduct constituted legal malpractice and sued him in tort for the defendant attorney's negligence. What is the court document that contains such counterclaims by the defendant client properly called? a. Reply b. Complaint c. Answer d. JNOV

C

The American Postal Worker's Union brought suit to challenge the constitutionality of a U.S. Postal Service requirement that all applicants for employment must submit to drug tests. No union members were required to submit to a drug test as a condition of continued employment, nor were any applicants, by definition, members of the union, since none had been hired yet. The Postal Service should move to dismiss the case on what grounds? a. Mootness b. Ripeness c. Standing d. Political question doctrine

C

The U.S. Constitution reflects which philosophical view? a. The utilitarian view b. The view of a natural law philosopher c. The analytical positivist view d. The view of an egoist

C

The chief function of the U.S. Supreme Court is to act as the final court of review over all cases in the federal courts, as well as over some cases in the state courts. In addition to this review function, the U.S. Supreme Court has original subject-matter jurisdiction in a. actions between two states. b. actions involving foreign ambassadors. c. Both A and B are true. d. None of the above is true.

C

The following exchange occurs between a defense attorney and a doctor testifying as an expert witness for her client: "Q: In your opinion and on the basis of your experience, does the computer overread or underread EKGs? A: Overread. Q: And that's the way it should be, isn't that correct? A: Yes. Q: And that is because all doubt must be resolved in favor of the patient, isn't that right? A: Yes." What objection should opposing counsel raise? a. Hearsay b. Privilege c. Leading questions d. Best evidence rule

C

The most common tool of discovery is a. physical or mental examination. b. motions for summary judgment. c. depositions. d. None of the above is correct.

C

Under our legal system, jurisdiction over the defendant's person rests on three factors: (1) the person's domicile or residence in the place where sued, (2) proper service of process on the person in the place where sued, and (3) the person's consent to the suit. Which of the following would be considered a situation in which a person could give consent to the suit? a. Defendant makes a general appearance. b. The cause of action arises out of doing business in the area of the court's jurisdiction. c. Both A and B are true. d. None of the above is true.

C

What gives states the right to enact laws protecting, among other things, morals? a. The U.S. Constitution b. The Magna Carta c. Police Power d. The Commerce Clause

C

What percentage of all lawsuits filed actually are decided at trial? a. Less than 26% b. Less than 13% c. Less than 2% d. None of the above is true.

C

When a judge wants to acknowledge that a legal wrong has occurred, even when there was no actual harm, she would award a. compensatory damages. b. liquidated damages. c. nominal damages. d. both compensatory and liquidated damages.

C

When an appellate court remands a case, it a. affirms the lower court's decision. b. reverses the lower court's decision. c. submits the case to a higher court. d. returns the case to the lower court.

C

Which of the following is a TRUE statement? a. A plaintiff wishing to file suit in federal court, whose claim is based on rights provided her in a federal statute, must satisfy the jurisdictional amount requirement. b. A citizen of the United States has a constitutional right to have any case tried in a federal court. c. Where federal jurisdiction is based on diversity of citizenship, no plaintiff and defendant can be domiciled in the same state. d. None of the above is true.

C

Which of the following legal areas retains aspects of historical jurisprudence? a. Tort law b. Family law c. Real Estate law d. Entertainment law

C

Which of the following statements regarding Katko v. Briney is true? a. Katko v. Briney is an example of a criminal appeal. b. At the end of the trial, the landowner in Katko v. Briney was found responsible and would have to go to jail. c. Katko v. Briney is an example of a civil case. While the trespasser faced a separate criminal proceeding, the landowner did not; he only had to pay damages after the verdict was upheld on appeal. d. Because there was a dissenting opinion in the appeal of Katko v. Briney, there will have to be a new trial.

C

Which of the following would evaluate a law that permitted the imposition of capital punishment based upon the concept of a universally accepted moral duty? a. Teleological philosophers b. Utilitarian philosophers c. Deontologists d. Egoists

C

While camping with the family, Shannon was severely burned by ignited gasoline. Her father was pumping the fuel tank on his Coleman stove when a stream of fuel, without warning, ejected through the filler cap, crossed the campfire, ignited, and landed on Shannon, some 10 to 12 feet away. At trial, experts testified that the design of a gas tank using a cap with a vent hole used by Coleman was defective with respect to safety and that there were alternative cap designs that Coleman could have utilized to accomplish ventilation of the tank without the cap having any of the vent-hole characteristics. Furthermore, despite Coleman's knowledge of the possibility of fuel spraying through the vent hole of the filter cap, no warnings were on the product to advise users not to open the cap except when the tank was level and not near a flame. Which of the following statements is true? a. Because Coleman was negligent, Shannon may recover punitive damages. b. Because Coleman was negligent, Shannon may recover exemplary damages. c. If Coleman's failure to warn was considered to be aggravated, wanton, reckless, malicious or oppressive, then Shannon could recover punitive, or exemplary, damages. d. Shannon cannot recover punitive damages because her cause of action is in tort and punitive damages are only awarded for breach of contract.

C

Yolanda is suing ABC Floral Company for damages related to her wedding floral order. The flowers arrived a day too late and Yolanda had to buy other flowers instead. Yolanda wants to present the original order form at trial, which ABC Floral has in its possession. What should Yolanda do to get access to the form? a. Make a motion of summary judgment. b. Submit written interrogatories. c. Compel the production of documents. d. None of the above is correct.

C

A Kentucky court was confronted with the issue of whether a court has the power to permit a kidney to be removed from an incompetent ward of the state, on petition from his mother, for the purpose of being transplanted into his brother, who is dying from kidney disease. There is no statute or prior common law decision to guide the court. What can the court do? a. It must abstain from making a decision if there is no statute that permits the order, since courts can only interpret statutes and constitutional provisions. b. It can decide the issue but only if the decision is unanimous, because only unanimous appellate decisions have value as precedent. c. It must wait for the legislature to pass a statute, since common law courts do not have inherent power to determine what is the law and set precedents unless the Constitution is involved. d. It can decide the issue relying on the public interest, tradition, justice, and morality, even if there is no common law decision or statute governing the situation.

D

A brought suit against B in state court, saying that B had stolen an idea on which she had a patent. The court dismissed the case for lack of jurisdiction over patent law actions. One year later, before the statute of limitations had run out, A again brought suit, but in federal court. Which of the following is a true statement? a. The suit should be dismissed on the basis of the principle of res judicata. b. The question is moot, so the federal court will refuse to hear it. c. The federal court can hear the case only if the state court was in error. d. The case is ripe for the federal court to hear.

D

A case can be removed from state to federal court a. if there is diversity of citizenship. b. if a defendant files notice within 30 days after service of the complaint. c. if there is subject matter jurisdiction. d. All of the above are correct.

D

According to the Erie Doctrine a. a Federal Court is bound by the statutes of the state where it is located. b. state and federal courts should arrive at the same results on the same issue of state law. c. state judicial decisions have precedence. d. All of the above are correct.

D

An advisory opinion a. is given when there is no case or controversy. b. is permitted by the constitution of some states. c. does not have the effect of a judicial opinion. d. All of the above are correct.

D

An analytical positivist believes which of the following? a. Laws are neither good nor bad. b. Laws establish norms of behavior. c. Laws create the baseline for behavior, not the highest goals. d. All of the above are correct.

D

An order compelling the defendant to refrain from acting in a specified way is called a(n) a. temporary restraining order (TRO). b. ex parte injunction. c. prohibitory injunction. d. mandatory injunction.

D

Archie Sparrow, a cowboy experienced in training horses, met a rancher and fellow rodeo rider, Chip Morris, at a rodeo in Florida. After comparing notes on various rodeos, Morris offered Sparrow a job for 16 weeks working on Morris's ranch in Arkansas. Sparrow accepted, and as compensation, Morris agreed to give Sparrow $400 and a brown horse named Kerro. When Sparrow first came to Morris's ranch, Kerro was practically unbroken. However, Sparrow worked with the horse during his spare time, and by the time the 16 weeks were up, Kerro was well on his way to becoming a first-class riding horse. Morris returned at the end of the 16 weeks and gave Sparrow a check for $400, but refused to deliver the horse. Sparrow wants the horse. What remedy will he be seeking in court? a. Specific performance b. Injunctive relief c. Rescission d. Restitution

D

Assume that Sludge has generated several thousand email messages to Colorado as well as 500 contacts, and 10 percent of its sales are from Colorado sources. Which of the following would permit a Colorado court to exercise jurisdiction over the dispute? a. A court's removal jurisdiction b. In rem jurisdiction c. The Erie Doctrine d. A long-arm statute

D

Bensusan Restaurant Corporation owns and operates a popular, large New York City jazz club called the Blue Note. Richard King owns and operates a small cabaret in Columbia, Missouri, also called the Blue Note. King's establishment features live music and attracts its customers from central Missouri. In 1996 King decided to establish a website for the purpose of advertising his cabaret. King included a disclaimer on his website in which he gave Bensusan's club a plug, but made it clear that the two businesses were unrelated. Bensusan brought suit in the federal court alleging that King had infringed on his trademark, which is protected under federal statutory law. Which of the following statements is true? a. If Bensusan chooses to sue in federal court, the appropriate court for him to file his complaint in would be a federal appeals court. b. Bensusan must sue in federal court because he is raising a federal question. c. If Bensusan sues in federal court in New York, the critical inquiry for personal jurisdiction will be whether there is $75,000 in dispute. d. If the New York federal court dismisses Bensusan's complaint for lack of personal jurisdiction, he could refile his complaint in either state or federal court in Missouri.

D

Carl contracts to sell his house and lot to Winifred for $30,000. The terms of the contract call for Winifred to pay 5 percent of the purchase price as a deposit toward the purchase price, or a down payment. The terms further stipulate that should the buyer breach the contract, Carl will retain the money as damages. What type of damages does this agreement exemplify? a. Compensatory b. Punitive c. Nominal d. Liquidated

D

Civil law systems reject a. precedent. b. juries in civil law cases. c. rules of evidence. d. All of the above are correct.

D

Cody brought suit for injuries sustained in an automobile collision between her car and the defendant Adkins pickup truck. The jury found that considering the hazardous weather conditions at the time of the accident, the defendant was not at fault or negligent in the operation of his vehicle and that the injuries that plaintiff sustained were the result of an unavoidable accident. The jury returned a verdict in favor of the defendant Adkins. The plaintiff moved for a judgment notwithstanding the verdict. The judge should grant that motion if a. she would have voted differently had she been on the jury. b. the plaintiff also moves for a new trial. c. she denied the directed verdict. d. there is an absence of any substantial evidence to support the verdict entered.

D

Equitable defenses include a. laches. b. unclean hands. c. hardship. d. All of the above are correct.

D

For a bill to become a law, it must a. be approved by a vote of the legislature. b. be signed by the head of the executive branch. c. pass through committee. d. All of the above are true.

D

How can an attorney's fee be determined? a. Hourly rate b. Contingency fee c. Retainer d. All of the above are correct.

D

If a court concludes that the plaintiff does not have a legally sufficient personal interest in a dispute, the court will dismiss the action because of a. mootness. b. lack of ripeness. c. lack of privity. d. standing.

D

If a state's common law did not recognize a right of privacy against unauthorized publicity or the appropriation of someone's likeness for another's commercial advantage, what should the trial court do? a. Encourage the plaintiff to appeal. b. Transfer the case to the U.S. Supreme Court. c. Enter an order for discovery. d. Grant the defendant's motion to dismiss for failure to state a claim on which relief could be granted.

D

Immanuel Kant was a(n) a. natural law philosopher. b. teleologist. c. utilitarian. d. None of the above is true.

D

In a contractual dispute, depending on the facts involved, the court may apply the law of the place of which of the following? a. The state where the action was instituted (lex fori). b. The state whose law the parties intend should govern. c. The state that has the greatest concern with the event and parties' significant relationship or center of gravity test. d. All of the above are correct.

D

Joe Jones entered into a written contract with Smith Department Store to buy a television for $350. Ten other stores in the area are selling the identical television for $400. Joe attempted to give Smith Department Store the $350, but it refused to go through with the contract. Joe sued Smith Department Store for breach of contract in a court that hears both equity and common law cases. Joe will be awarded a. specific performance. b. $400. c. $350. d. $ 50.

D

John was tired of having his lunch stolen from his locker at his place of employment. To get even with the thief, John armed the locker with explosives that would be triggered by the movement of the lunch bag. When triggered, the explosion seriously inured Tom, who had been taking the lunches for his own consumption. Which of the following statements is true? a. No criminal prosecution could result from this incident because one has the right to defend property with deadly force. b. No criminal prosecution could result from this incident because John only got hurt. c. Either a criminal or a civil proceeding could result from this incident, but John would have to choose one or the other; there cannot be both. d. Both a criminal and a civil proceeding would likely result from this incident.

D

John, a resident of Michigan, and Joseph, a resident of Ohio, had an auto accident in New York. John sued Joseph in a federal district court in Ohio for damages arising out of the auto accident. What procedural law will be used in this case? a. Ohio b. Michigan c. New York d. Federal

D

Many observers disagreed with the verdict in the famous first Rodney King case, believing that the verdict was not based on the evidence. In other words, many observers believe that race, money, and personal prejudices were the basis for the verdict, not the evidence, and that the law did not reflect what happened in the courtroom. To what jurisprudential school of thought would these observers belong? a. Analytical Positivism b. Utilitarian Law c. Natural Law d. Legal Realism

D

Metaethical scholars a. focus on practical questions. b. are less concerned with developing comprehensive theories. c. tend to avoid abstract issues. d. None of the above is true.

D

Nurse Ratchet is called for jury duty and is on a panel of prospective jurors in a medical malpractice case involving an alleged failure to diagnose in a timely manner and properly treat breast cancer. Which of the following reasons would be either a valid challenge for cause or peremptory challenge? a. The defense attorney wishes to remove her from consideration because of a rather lengthy battle her sister fought with breast cancer and his feeling that Ratchet's grief will prevent her from rendering a fair and impartial verdict. b. The defense attorney wishes to remove her from consideration because he feels that nurses inherently resent doctors and are open to the argument that doctors sometimes make mistakes. c. The defense attorney wishes to remove her from consideration because she won't make eye contact with him and he is afraid that she does not like him or his client for some reason. d. All of the above are valid challenges.

D

On June 10, 1993, Fireman Bob ran into Ruby's burning house and found her lying in a hallway, overcome by smoke. He picked her up and carried her out to safety. Unfortunately, in his haste Bob was not careful. Ruby's ankle struck a doorway and was broken in several places. This required extensive surgery, so that Ruby was in the hospital for several weeks. On July 1, 1993, Fireman Bob went to visit her in the hospital. While he was talking to her, he accidentally bumped the intravenous needle in her hand, causing her hand to bleed. Infection subsequently developed. The statute of limitations for acts of negligence is two years. On June 18, 1995, Ruby filed suit against both the city fire department, for injury to her ankle, and Fireman Bob, for injury to her ankle and for causing the infection in her hand. Which of the following statements is false? a. The sovereign immunity defense would likely relieve the city of liability for Ruby's broken ankle as the provision of fire protection is governmental in nature. b. Unless there is some sort of savings clause, Ruby's suit against the city for her broken ankle is barred because the statute of limitations has already run. c. The doctrine of immunity for government officials, as well as the statute of limitations, would likely bar Ruby's suit against Fireman Bob for her broken ankle. d. The doctrine of immunity for government officials, as well as the statute of limitations, would likely bar Ruby's suit against Fireman Bob for causing the infection in her hand.

D

On May 20, Arnie Walters's car crashed into a train owned and operated by the Regional Transit Authority at its crossing in Smithville. As a matter of law, the court found that the "Smithville crossing is extremely hazardous and unreasonably dangerous." On December 1 of the same year, Ole and Anna Hanson ran into an RTA train at the same crossing. Does the doctrine of stare decisis require that the court in Hanson accept the conclusion announced in the Walters case? a. Absolutely because the issue is well settled. b. Yes, and the trial court should grant defendant's motion to dismiss for failure to state a claim. c. Yes, and the trial court should grant summary judgment for the RTA. d. No, because stare decisis relates to principles of law by which conduct is governed, not to a decision based on a mixed question of law and fact.

D

Sludge Inc., a Wisconsin corporation has a website in Wisconsin on which it advertises its wares. The website is accessible in every state. Can a Colorado company that believes Sludge has infringed on its trademark successfully establish a basis for personal jurisdiction if suit is brought in a federal court in Colorado? a. Yes, because there is diversity of citizenship b. Yes, because the website is accessible in every state c. Yes, because venue would be appropriate where economic injury occurred d. Maybe, if Sludge actively solicits Colorado business on its website, encourages customers to interact via email, promotes its toll-free number within Colorado, receives significant numbers of communications from Colorado, and generates substantial revenue from Colorado customers

D

Spousal immunity a. is based on the idea that husbands and wives are legally the same person. b. is only recognized in some states. c. may not stand if the couple is engaged in fraud or collusion. d. All of the above are correct

D

The civil equivalent to the criminal constitutional provision known as double jeopardy, whereby one cannot be tried twice for the same alleged wrong, is known as a. sovereign immunity. b. case and controversy requirement. c. statute of limitations. d. res judicata.

D

The problem with ex post facto laws is that they a. involve acts of the legislature. b. apply to named individuals or members of identifiable groups. c. impose punishments without trials. d. All of the above are true.

D

The rationale behind claim preclusion is that a. hardship is prevented because a litigant can't be sued several times. b. litigation is reduced. c. parties have only one chance to win, so they make their best effort. d. All of the above are correct.

D

Traditionally, persons have not been required to intervene to come to the aid of another unless a. a statutory duty exists. b. a contractual duty exists. c. a common law duty exists d. All of the above are true.

D

What are the main considerations of procedural due process? a. Accuracy b. Fairness c. Costs d. All of the above are correct.

D

What legal doctrine(s) does a court use to determine whether a case is justiciable? a. Ripeness b. Standing c. Res judicata d. All of the above are correct.

D

What reasons did the Florida District Court of Appeal give for its conclusion that the common law crime of misprision of a felony should not be judicially made part of Florida substantive criminal law? a. Misprision was created prior to the existence of professional police officers. b. American prosecutors had largely rejected misprision because it was not suited to contemporary society. c. Floridians don't want people to be criminally prosecuted for choosing to "mind their own business." d. All of the above are true.

D

When a case for which there is no precedent comes before it, a court can a. look to the decisions of courts in England. b. consider the morals of society. c. use the dicta of other cases as support for its decision. d. All of the above are true.

D

Where the parties are of one interest and seek the same relief the case is a. res judicata. b. collateral. c. proprietary. d. moot.

D

Which body generally enacts standards of professional conduct for attorneys? a. Bar Associations b. State legislatures c. The U.S. Supreme Court d. State supreme courts

D

Which of the following ideas is reflected in an equitable maxim? a. Clean hands b. Substance over form c. Every wrong deserves a remedy. d. All of the above are correct.

D

Which of the following statements is TRUE? a. Precedent setting opinions are always applied retrospectively. b. Precedent setting opinions are always applied prospectively. c. Prospective effect means that the decision controls the legal consequences of causes of action arising before the announcement of the decision. d. Courts must decide whether a precedent will apply retrospectively or prospectively on a case-by-case basis by examining certain factors.

D

Which of the following would be considered privileged and would not be admissible under the rules of evidence? a. A confession made to one's spouse during the marriage b. Relevant information disclosed to one's doctor during treatment c. Relevant information disclosed to one's attorney in the course of professional consultation and considered to be part of the preparation of the case for trial d. All of the above communications are privileged.

D

X, a resident of Indiana, gets on a Greyhound bus in Ohio. Greyhound is a New Jersey corporation with its primary place of business in New York. X buys a candy bar at a Greyhound bus terminal in Kentucky out of a machine leased to Greyhound by a West Virginia candy distributor. X unwraps the candy bar in Tennessee, eats it in Georgia, gets sick in Alabama, and dies on reaching his destination in Florida. X's widow, who has been living apart from her husband in Illinois, brings suit for the wrongful death of her husband in an Illinois court of general jurisdiction against Greyhound and the candy distributor. Which state's law should apply if the court uses the lex loci delicti commissi conflict of laws approach? a. Indiana b. Ohio c. New Jersey d. None of the above is true.

D