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When the unsuccessful party challenges the verdict and the judge in a jury trial decides that the evidence is so clear that reasonable people could not differ as to the outcome of the case, the judge grants a:

B. motion for judgment notwithstanding the verdict

Tammy joined a religious cult while a student at college. Her father hired a deprogrammer who spent several weeks with her, during which they occasionally went on outings. After Tammy met with her boyfriend one weekend, she rejoined the cult and sued her father and the deprogrammer for false imprisonment.

B. tammy will lose because she had a reasonable means of escaping and voluntarily consented to the confinement

The procedural stage of a lawsuit after the pleadings but before the trial is:

B. the pre-trial discovery stage

Janet Juror is called for jury duty and is selected for possible service on a jury. However, when the defendants attorney sees her, he notices that she is wearing a green dress. Both the defendant and defendants attorney hate green dresses, so they strike her name from the jury.

B. this is a valid peremptory challenge

Which of the following is NOT true about the criminal system?

___

After FOIA request has been made, an agency has __________to indicate whether it intends to comply.

a. 10 working days

Alice, a resident of Ohio, has obtained a valid judgement against Bill, a resident of Kentucky.

a. alice can attach Bill's automobile in Ohio to satisfy her court judgment

The courts in common law systems have developed a body of law that serves as precedent for determination of later controversies. This is called:

a. judge made law ?

Because defamation involves a communication, the protection extended to speech by the __________amendment applies

c. first

Mark a resident of Illinois, while driving on the freeways, hits Bill, a resident of Wisconsin, and totally destroys Bill's brand new Mercedes Benz. Bill may bring suit in Federal District Court:

c. if the amount in controversy is over 75,000

By state statue, all apartment buildings in Montana must have smoke alarms in the ceilings. If Mary's suffers smoke inhalation because the smoke alarm in her apartment building was not yet installed, she is able to establish negligence pro se. Mary would only have to prove:

c. injury and causation

Arthur fired a gun in the middle of the desert. He intended to fire the gun, but had no reason to believe anyone else was in the area. The bullet hit Tom, who happened to be riding his ATV across the desert.

c. it is unlikely that Arthur has the necessary intent to commit a tort

Henry was burning leaves in his backyard. One of the burning leaves was lifted by the wind into Bobs yard next door. It landed on the lawn mower which exploded, setting fire to the wooden lawn furniture. Henry's best argument against liability would be:

c. it was not foreseeable that the lawn mower would explode

When a trial is conducted with a jury, the judge determines issues of ________ and the jury determines questions of ___________

c. law, fact

Handwritten, typewritten, printed, pictorial, or televised defamation is:

B. libel

According to the Tenth Amendment, any powers not delegated to the national government by the Constitution nor prohibited by it to the states, are reserved to the states respectively or to the people. This principle is:

?

Eminent domain clause requires just compensation:

?

If the judge denies a ________then the defendant hast he opportunity to present witnesses. However, if the judge grants the motion, then the defendant automatically wins the case and does not need to present any evidence.

?

The FTC adopts a rule that elaborates the definition of "unfair and deceptive acts" listed in its enabling statute. What type of rule is this?

?

The legal theory upon which defendant must be able to foresee plaintiff's injury from defendant's conduct is the doctrine of __________

?

The states may create legislation concerning a subject in which there is a federal statute if...

?

The term "minimum contracts" includes with its definition:

?

When the plaintiff cannot carry his burden of proof at trial, the defendant may make a ______to the judge.

?

Mary's car was parked just outside the east door of the Civic Center. When she tried to exit, three ominous-looking gang members were blocking that door. She called the police who arrested the three for loitering. If Mary brings suit against them for false imprisonment:

A. She will lose if there was another exit she could have used

A photographer taking photos of a movie star with a telephoto lens would NOT be guilty of intrusion if:

A. The movie star was in a restaurant at the time

A star basketball player in the NBA:

A. is a "public figure" with respect to a defamation action against a newspaper.

Arthur Author wrote a defamatory letter regarding Bill Baker which he did not show to anyone, but which he posted on a bulletin board in the laundromat.

B. Arthur has committed the tort of libel

Hal doesn't like Bradley, so he spread untrue rumors about his personal lifestyle and practices at a cocktail party. These rumors harm Bradley's reputation in the community.

B. Hal is guilty of slander

Sally started a charcoal fire for her backyard barbecue, left it uncovered and went into the kitchen to make hamburger patties. Without looking, Pat backs up to catch a football and hit the grill, knocking the coals onto his feet. In a comparative negligence state, who is liable?

B. Sally is liable for Pat's injuries only if she was more negligent than Pat

Carl Criminal threw a bomb into the office of his insurance agent intending to kill the agent because the company had disallowed his claim. The agent wasn't in the building, but the bomb seriously injured his secretary, who was working in the office.

B. The intent to harm the agent is transferred to the secretary who can sue Carl for her injuries

The president of the United States has significant control over the administrative agencies in the executive branch. This control includes the power to:

B. appoint and remove their chief administrators

While driving his car five miles over the speed limit, Carl struck Darla, who was jaywalking across the street. When the case came to trial, the jury determined that Carl was 60% negligent and that Darla was 40% negligent and that Darla's injurers are $10,000

C. Darla will recover $6,000

A ___________is any act or omission prohibited by public law in the interest of protection of the public and made punishable by the government in a judicial proceeding brought by it.

C. crime

Which one of the following is NOT true of a suit brought under criminal law?

C. it requires the defendant to testify

In reviewing an agency action, which of the following is included in the questions of law a court will consider? a. Whether the agency violated any constitutional provision. b. Whether the agency acted contrary to the procedural requirements of the law. c. Whether the agency exceeded its authority. d. All of the above

D. All of the above

Andrew noticed Michael and his pregnant wife Catherine walking down the street and intentionally drove his car into Michael as a joke. Michael wasn't injured but his wife suffered severe mental distress and needed to be hospitalized for stress.

D. Andrew has committed the tort of intentional infliction of emotional distress against Catherine

Sarah Shopper goes to Marlin's department store to look for clothes. The store happens to be in the process of remodeling, and there is a lot of clutter in the aisle. Sarah trips over the clutter and breaks her leg. What standard of care does the store have toward Sarah under the circumstances?

D. Because sarah is a business visitor, the store must exercise reasonable care to protect her against dangerous conditions she is unlikely to discover

The hometown news snapped a picture of tim teenager as he was sleeping under a tree in the park on a warm spring day. They printed the picture on the front page of the paper.

D. It is unlikely that the hometowns news is guilty of any tort

Mark gave the keys to his apartment to his friend Jack so Jack could sleep after an all-night study session. When Jack walked in, Mark's roommate, Sam, was standing behind the door in the dark, holding a baseball bat over his head. Jack flicked on the light and Sam saw it was Jack, so he lowered the bat before Jack noticed him.

D. Neither Jack nor Sam is guilty of assault

Alice was briefly married at the age of 16. She is now 28 years old and plans to marry Henry in the spring. Henry's sister found out about Alice's first marriage and then told Henry's parents. Alice now wants to sue Henry's sister for public disclosure of private facts. Does Alice have a case against Henry's sister?

D. No because marriage is a public and not a private fact, and because telling Henry's parents is not sufficient publication

On December 2, the Houston Oilers were playing the pittsburgh steelers. On a particular play, the pittsburg defensive end, who was rather frustrated because Manning, the quarterback, had completed passes for 450 yard, grabbed Manning by the face guard, jerked Manning's helmet off and hit Manning over the head with it. Manning filed suit against the Pittsburgh defensive end. The pittsburgh defensive end contends that he has a valid defense to this tort in that Manning consented to participate in the game. Which of the following most accurately represents the status of that defense?

D. The consent is not valid because of the intentional actions of the Pittsburgh end.

Defenses to an action in strict liability include:

D. Voluntary assumption of risk and in some states comparative negligence

Agencies may deny access to which of the following types of records?

D. all of the above

Which of the following is correct with respect to the reasonable person standard?

D. two of the above b and c. b. it makes allowance for physical disability c. it applies an individualized test to children in all situations that takes into consideration the childs age, background, and experience

In an article about the death of a local judge, a newspaper indicates the possibility that the judge may have had Mafia connections. The judge's family sues. The family:

D. will likely lose ?

A large corporation with offices throughout the U.S. incorporated in Delaware and having its corporate headquarters in Chicago, is a citizen of _________for purposes of diversity of citizenship

c. delaware and illinois

What is the name given to the process by which an administrative agency promulgates statements designed to implement, interpret, or process law or policy?

a. rule making

Sarah forgot to tie up her dog and it bit Carl on the leg when he came to visit. She took Carl to the hospital where the nurse applied a compress that had been used by another patient. Carl subsequently developed an infection and sued Sarah. What is the likely result?

a. sarah is liable in negligence for the infection, because Carl would not have been injured but for her dog

An administrative law judge for the Federal Trade commission decides a case against a retail store chain. The company then appeals the decision to the commission itself. Which of the following is correct regarding the appeal of the case from the administrative law judge to the commission?

a. the commission may decide the case de novo

To establish a product as defective and unreasonably dangerous for purpose of product liability lawsuit, the plaintiff must satisfy what test?

a. the consumer expectation test

Seventeen year old Tim Teenager has just received his driver's license. He is driving a little too fast one day and slams into the back of another car, which has just stopped for a stop sign.

a. tim is engaged in an adult activity and will be held to the same standard as an adult

Appellate judges can reverse a decision of the trial court:

a. where any error below is found ?

The supreme court interprets the commerce clause:

b. as granting virtually complete power to congress to regulate the economy

The legal principle which deals with the geographic location where a lawsuit should be brought is:

b. in personam jurisdiction

Which of the following best describes the treatment of "commercial speech" under the first amendment?

b. it is protected but to lesser degree than private speech ?

The non-binding, informal process in which a third party is selected by the disputing parties to attempt to help them reach a mutually acceptable agreement is known as:

b. mediation

A _______is a non-trespassory invasion of another's interest in the private use and enjoyment of land.

b. nuisance

Even in a jury trial, the judge may decide the issue himself when:

b. one of the parties convinces the judge that reasonable persons could not differ as to the outcome of the case

The U.S. Supreme Court reviews most decisions of lower courts by:

b. the discretionary writ of certiorari

Whatever powers are not specifically assigned to the United States by the Constitution are reserved to: a. the federal government. b. the state governments or the people. c. the Supreme Court. d. the Congress.

b. the state governments

The law that creates, defines and regulates legal rights and obligations is known as:

c. constitutional law ?

The doctrine of stare decisis means that:

c. courts adhere to and rely on rules of law that they or superior courts announced and applied in prior similar decisions

The contract clause prevents a state from:

c. changing contracts after they have been made

To which of the following does a property owner owe the highest duty of care?

c. A client who has come to an accountants office in a building which the accountant owns

Adam doesn't like having neighborhood teenagers walk across his yard at night. He rigs an animal trap on the path the teenagers usually use to cross his land. One night, Tim and his friends are walking across the yard when Tim gets caught in the trap. He is taken to the hospital for his injuries.

c. Adams is not free to inflict intentional injury on a trespasser

Which of the following is correct regarding the civil system?

c. All civil actions start in federal small claims court

The state of Alabama passes a statute which requires that male heirs be preferred over female heirs in selecting an executor of an estate. Laura lawyer would like to be the executor of her fathers estate, but so would her eighteen year old brother who just flunked out of college. She challenges the provision as being a violation of the equal protection clause of the fourteenth amendment. The case is now under consideration by the united states supreme court. In deciding the constitutionality of the provision, the court will:

c. Apply the intermediate standard test

Cal sprayed pesticide on his crops in a very careful manner on a windless day. Nevertheless, some of the pesticide spray fell on his neighbor's side of the fence and contaminated the feed for the chickens. The chickens died, and the neighbor sues. What is the likely result?

c. Call is 100% liable because spraying is an abnormally dangerous activity

William, who is a waiter, is injured when an unopened bottle of cola explodes in his hand while he is putting it into the restaurant's cooler. If William wants to sue the bottling company for his injuries:

c. He will probably win if the court allows him to use res ipsa loquitor

Able and Baker are both residents of Iowa, but they have a dispute regarding some land located in Kansas. Able files a lawsuit regarding the land in Kansas and Baker objects, claiming the Kansas courts have no jurisdiction in the case.

c. The Kansas courts have in rem jurisdiction to adjudicate the claim regarding the property

Dr. David Doright is a Professor at a state university. One day he has an argument with the president of the university over which team should win the next Super Bowl. The next day, Dr. Doright is fired for incompetence. He sues, claiming the firing is arbitrary and that he was denied an opportunity to respond to the charges.

c. The firing by a state university is state action involving a property right that would entitle Dr. Doright to a hearing and an opportunity to respond to the allegations against him

Patricia plaintiff files a lawsuit against donald defendant for breach of contract. This case is a/an

c. civil processing

That branch of public law that deals with regulation of government action and protection of individual rights is:

c. constitutional law

Chris was driving a car with defective brakes very slowly down Fifth Avenue looking for a parking place. Mindy jumped out into the street five feet in front of his car. Chris could not avoid hitting her. What is Chris's best defense to the charge of negligence?

c. mindy crossed in the middle of the street, which is against the law

The authority of a particular court to resolve a controversy of a particular kind is called.

c. personal jurisdiction

Which of the following would NOT be included in the powers of the federal government?

c. power to condemn a building to make way for an interstate highway

Patricia Plaintiff files a lawsuit against donald defendant for breach of contract. The law that governs how the suit proceeds through the court system is:

c. procedural law

The state of california files a lawsuit against donald defendant for driving with out a license and careless driving. This case is a/an

c. procedural law case ?

The Environmental Protection Agency (EPA) would like to adopt some new rules regarding environmental impact statements, but it is afraid that if too many people know about them ahead of time, the adverse publicity will force the agency to amend them. To avoid any public comment, the agency seeks to adopt the rules without publishing them. Which of the following statements are true regarding the agency actions?

c. the agency is seeking to adopt the rules by a procedure that violates the rule making procedures set forth in the APA

Where there has been informal rulemaking or informal adjudication by an administrative agency and the decision by that agency is then appealed to the courts, the court will generally apply what test in reviewing factual determinations? a. The unwarranted by the facts standard. b. The substantial evidence test. c. The arbitrary and capricious test. d. The beyond a reasonable doubt standard.

c. the arbitrary and capricious standard

Tim Teenager has the permission of Harold Homeowner to walk across his yard on the way to school. Tim now brings twenty of his friends across the yard, and they stop to play ball.

c. tim and his friends are guilty of trespass to real property, because they played ball in Harold's yard

Mark is sailing in his boat one evening when he hears a young girl crying for help in the middle of the river. Which of the following is true?

d. Mark MUST help the girl if he begins to rescue her

John is a white Haitian who has obtained U.S. citizenship. State X passes a law that all Haitian-born citizens must submit to AIDS testing. The courts will review this law based on: a. deference to the legislature as to whether such a classification of persons is constitutionally permissible. b. whether there is clear and convincing evidence that there is no reasonable basis for the legislation. c. the rational relationship test. d. the strict scrutiny test.

d. The strict scrutiny test

Administrative agencies perform what basic function?

d. all of the above

Which of the following is a characteristic of a common law legal system?

d. both a and b are characteristics of the law systems

The "discovery" stage of a trial includes all but which one of the following?

d. counterclaims

The power or authority of a court to hear or decide a given case is

d. jurisdiction

Which of the following defines the method by which to obtain a money remedy in court

d. procedural

contract law is formed by rules of __________law

d. substantive

Procedural due process would require the government to establish a set of fair procedures in all but which one of the following cases?

d. where a student in a private college is denied a scholarship from donated private funds