BUS 250-Flautt unit 2
Actual trade secrets of a company are exempted from discovery and need not ever be disclosed.
False
An agent may work for two principals at the same time if the agent deals fairly with both.
False
At trial, the judge decides the facts and the jury decides the law.
False
Bilston has shoplifted at a local store, stealing three mobile phones. The theft is not detected until store camera videos are examined later that afternoon. Store management has the right to go to Bilson's home and detain him until police arrive.
False
Counterclaims are filed by the plaintiff in civil matters.
False
Courts enforce fraudulent misrepresentation for intentional lies but will not enforce fraudulent misrepresentation for negligent ones.
False
Diversity jurisdiction must be shown to bring an appeal in a state's highest court.
False
E-mail communications between parties in an ongoing business relationship have been found to create sufficient minimum contacts to establish personal jurisdiction without a separate physical presence, and this rule is the prevailing law throughout the United States.
False
Each stage of litigation is separate and distinct, and each must be completed before the next stage may be started.
False
Employers, in some states, enjoy an absolute privilege when giving employment references as long as the reference is factual and without malice.
False
Faron has a toothache and is driving to the dentist. He's in a lot of pain, so he speeds down the road 20 miles over the speed limit. If he has an accident, it is an intentional tort and not negligence because he knowingly was speeding.
False
Gina hired Frank, an attorney, to handle her divorce. If, during face-to-face negotiations, Frank strikes the opposing attorney, Gina will be liable because Frank was her agent employee.
False
If a defendant is found guilty in a criminal trial, he or she may not appeal due to double jeopardy.
False
If the police fly over your home with a helicopter and observe your activities using binoculars or a telephoto lens, this would constitute an illegal search if done without a warrant.
False
In an agency relationship the principal's control must be total and continuous over the agent.
False
In civil cases the standard of proof used by state trial courts is a preponderance of the evidence, while in federal trial court the standard of proof is beyond a reasonable doubt.
False
Which of the following is a true of the distinction between employee agents and independent contractors? Courts look primarily to federal law in the determination of most agency or independent contractor relationships. The agent is classified based on the level of direction and control that the principal has over the agent. If a principal provides the tools, this typically indicates an independent contractor relationship. There is are no formal state penalties in the United States for agency misclassification, the only available remedy is a civil lawsuit.
The agent is classified based on the level of direction and control that the principal has over the agent.
An agent is generally prohibited from using his or her own judgment as a substitute for the principal's judgment unless specifically authorized by the principal.
True
Rob agrees to act as an agent for Diane in selling her car. Diane has a duty of loyalty to Rob.
False
The three primary categories torts fall into are: a. disparagement, strict liability and willfulness. b. trespass, assault, and products liability. c. intentional torts, negligence and strict liability. d. negligence, trespass and products liability.
. intentional torts, negligence and strict liability.
Transcripts of ADR proceedings are required to be available to the public.
False
A warrant is issued based only on a. probable cause. b. a lawful arrest. c. clear and convincing evidence. d. evidence beyond a reasonable doubt.
A
Blaise is employed as a buyer for Big Auto Supply (BAS). As part of his normal duties, Blaise regularly ordered supplies for BAS from Huge Auto Parts (HAP), which he would then pick up and take to the BAS warehouse. BAS always paid for these parts within 15 days of receipt. Blaise was fired from his job and three days later, placed a $10,000 order for parts from HAP from his personal cell phone. He picked up the parts and then sold them on the internet, taking the money for himself. BAS management never informed HAP that Blaise had been fired. Under these circumstances, BAS could be liable for HAP's damages based on apparent agency authority. actual agency authority. disgorgement. undisclosed agency authority.
A
Dixon is on trial for embezzlement, a crime. For her to be proven guilty, her guilt must be proved a. beyond a reasonable doubt. b. by a preponderance of the evidence. c. by a reasonable preponderance of the evidence. d. beyond a preponderance of the evidence.
A
From least to most serious, crimes are classified as follows a. infractions/misdemeanors/felonies. b. felonies/misdemeanors/infractions. c. misdemeanors/infractions/felonies. d. infractions/felonies/misdemeanors.
A
Jill was very angry at Axel. She summoned him to her office and told him that he was a terrible employee and had been stealing money from the company. There was no one else in the office at the time, but Axel was very offended as Jill was intentionally lying about him. Jill has committed a. no defamation tort. b. slander. c. disparagement. d. libel.
A
Sharice was working on a scaffolding 20 feet above the ground when she carelessly tossed her power drill to a co-worker. It fell to the ground and landed on Gardner, a visitor to the construction site, injuring him. What category of tort is this? a. negligence b. strict liability c. No tort, because it was not intentional d. intentional tort
A
Shelby is a pizza delivery driver for Quick-E-Pizza. One day Shelby negligently failed to close her delivery truck's passenger door while stacking up six pizzas for delivery in the passenger seat. When she took a corner a little too fast, the pizzas flew out the door, tumbling into a busy intersection. A pizza splatted on Manuel's front window and he swerved out of control and crashed into a food truck, causing thousands in damages and physical injuries. Which of the following is correct of liability for the damages? Both Shelby and Quick-E-Pizza are liable. Shelby, but not Quick-E-Pizza, is liable. No one is liable; it was an accident. Quick-E-Pizza, but not Shelby, is liable.
A
Which of the following best represents arbitration? a. Laila is hearing and will be deciding a matter in which an attorney will represent their corporate clients. The parties will be able to present limited evidence before Laila. b. Rhonda is a trial court judge who is hearing a case in a bench trial format. c. Joe works as an intermediary who attempts to get parties to resolve their legal matters, though he has no power to decide how the matter is resolved. d. Muhammad is an attorney representing a party. He agrees to a resolution of the matter in a conference with the opposing counsel.
A
Which of the following statements is true? Dispute resolution requires a cost-benefit analysis. All of the answer choices are correct. The options available to business owners in the dispute resolution process have diminished significantly in recent years. Dispute resolution is a purely technical and legal matter that should best be left to the sole discretion of attorneys.
A
Which of the following would not be a legitimate exercise of judicial power in the U.S. system? Rhonda, a federal trial court judge, establishes precedent through her court decision. b. Drago, a state appeals court judge, overrules the decision made by a previous state appeals court in his state. c. None of the answer choices represent legitimate exercises of judicial power. d. Gracen, a federal trial court judge, reviews the actions of the president and declares them unconstitutional.
A
mitigating circumstances if proved, may be applied to reduce a defendant's punishment. b. refer to the procedures that must be followed during the investigation of a crime. c. if proved, may excuse a defendant from an alleged crime. d. are the elements of a crime that must be proved at trial.
A
Which of the following is true of agency law? In an agency relationship, the principal is under the charge of the agent. It only exists in employer-employee relationships. Agency law is primarily state statutory law. Only individuals can act as agents, corporations function exclusively as principals.
Agency law is primarily state statutory law.
Bennie was appointed by the state to act as a disinterested go-between, helping two parties to a lawsuit to resolve their dispute. Bennie's job did not allow him to make a final decision in the matter. Bennie is known as a/an: ______________________.' negotiator b. mediator c. arbitrator d. All of the answer choices are correct.
B
Bev knew that when she was dealing with Kirsten that Kirsten was representing another party in a land purchase, but she did not know whom. This type of agency is a/an undisclosed agency. partially disclosed agency. disclosed agency. gratuitous agency.
B
Felonies generally are punishable by a. three months or more of incarceration. b. twelve months or more of incarceration. c. six months or more of incarceration. d. nine months or more of incarceration.
B
Honest Bill the used car salesman told Fran, a prospective customer, that the car she was considering had only been driven by a little old lady on Sunday and had only 30,000 miles on it. Honest Bill knew this was a lie and that the mileage had been altered, as the car actually had 230,000 miles on it. Which of the following would Honest Bill's actions be if Fran buys the car in reasonable reliance upon his lies and the car breaks down a week after she buys it? slander b. fraudulent misrepresentation c. trade libel d. product disparagement
B
Julio is suing Samuel for breach of contract. He wants to get some documents from Samuel which he believes will help him prepare his case. What is the term for this procedure? a. request for admissions b. request for production c. There is no procedure that is available in the law for this, as documents are generally not discoverable. d. deposition
B
Kathryn is walking down the street not paying attention and walks into the path of a city bus. The bus driver swerves to miss her and hits a fire hydrant which causes the area to flood. The flooding affects the city's power grid and the power fails, causing a blackout that affects millions. In the suburbs, Dani was at home about to email a term paper to her professor, but it was lost when the power went out. Dani got a D for the course and lost her scholarship. If Dani sues Kathryn for her negligence, what will the result be? a. Kathryn will be liable to Dani because she should have foreseen that not pay attention when walking near a city street would cause Dani's term paper to be lost. b. Kathryn will not be liable to Dani because her conduct was not the proximate cause of Dani's damages. c. Kathryn will not be liable to Dani because she could not have actually foreseen that it was dangerous to others to walk into the path of a city bus. d. Kathryn will be liable to Dani because a person is liable for all consequences of his or her negligence.
B
Maria is the CFO of a company being investigated by the SEC for various alleged violations. Each of the following would constitute an obstruction of justice except a. changing some figures on documents used to support filed financial statements. b. refusing to answer questions and invoking the Fifth Amendment. c. ordering her secretary to lie if she is questioned. d. shredding her personal calendar and appointment book.
B
Quintin works as a telephone lineman for Shell Telephone. While driving to a job site, he noticed the truck's power steering was making a bit of noise. Quintin stopped and checked the power steering fluid gauge, which registered as low. He then bought some power steering fluid for $5 at Auto Parts Emporium, added it, which was a simple operation not requiring a mechanic, and the truck worked fine thereafter. If Quintin seeks reimbursement for the fluid, is Shell required to provide it? Shell is not required to reimburse Quintin unless he phoned in and asked for and was granted permission to purchase fluid. Shell will be required to reimburse Quintin for the cost of the fluid based on implied authority stemming from his express authority to drive the truck. Shell will be required to reimburse Quintin because apparent authority gives him the right to buy fluid when needed. Shell is not required to reimburse Quintin unless he had been given the express written authority to purchase the fluid before starting the delivery.
B
The fact that the injury would not have occurred except for the breach of duty by the tortfeasor is called the a. proximate cause. b. cause in fact. c. nonfeasance. d. misfeasance.
B
The legal process and safeguards given to individuals in the U.S. during criminal investigations, arrests, trials, and sentencing is known as a. criminal law. b. criminal procedure. c. the penal system. d. the Model Penal Code.
B
The principal difference between in rem and in personam jurisdiction is a. in rem jurisdiction is used by federal courts, in personam jurisdiction is used by state courts. b. in rem jurisdiction involves property, in personam jurisdiction is over the parties to a dispute. c. All of the answer choices are correct. d. in rem jurisdiction is over a corporation, in personam jurisdiction is over a person.
B
When a principal breaches a duty to an agent the agent has no legal rights except to terminate the agency relationship. the agent generally has the right to recover damages in court. it terminates the agency relationship by expiration. it terminates the agency by destruction of the essential subject matter of the relationship.
B
Which of the following statements about alternative dispute resolution (ADR) is true? Settlement agreements are a formal version of ADR. b. A common formal ADR method is mediation. c. Arbitration is the only form of ADR that involves the use of an independent party to resolve disputes. d. All of the answer choices are correct.
B
Which of the following would create a case with concurrent juris a. Frankie, a resident of Oregon, is suing Corrina, a police officer from the state of California, for $80,000 for alleged violations of Frankie's federal civil rights that occurred during an arrest in California b. Myron, a resident of Missouri, is suing Zandra, a resident of Maryland, for $100,000 because Zandra accidentally dropped a sledgehammer on Myron's big toe. c. The state of Virginia sued the state of North Carolina in a dispute over which state had the rights to lake on the border of the states. d. Kim, a resident of Hawaii, is suing Marianne, a resident of Hawaii, for $76,000 based on alleged breach of contract.
B
High Sierras, LLC is incorpated in Nevada, but is headquatered near Squaw Valley in Nothern California. High Sierra could be sued in Nevada for it's alleged defective product if: a. It sales representatives regularly fly out of Reno, Nevada when heading out on business trips. b. It maintains a sales agent with a small satellite office in Carson City, Nevada. c. It runs radio ads advertising its product on a Las Vegas radio station. d. Sells its products to Nevada residents using the USPS for delivery.
B. It maintains a sales agent with a small satellite office in Carson City, Nevada.
Which of the following will not create minimum contacts in a state sufficient to find personal jurisdiction on an out-of-state defendant? a. Lucy, Zehmer and Associates, a law firm based in Virginia, has no office in Maryland, does not send attorneys to Maryland and has no clients in Maryland, but target advertises on billboards and on radio and TV spots on local Maryland stations. b. Modern Pharmaceuticals maintains a website that provides customers information about its products, as well as email addresses and phone numbers for regional sales representatives from whom customers can purchase products. c. Hadley & Baxendale, LLC., an accounting firm based in Oklahoma, regularly send accountants out on audits to Texas to visit clients, but maintains no office or physical presence in Texas. d. Bixby Scientific, based in Massachusetts, has a satellite office in Vermont where a corporate attorney works once a week.
B. Modern Pharmaceuticals maintains a website that provides customers information about its products, as well as email addresses and phone numbers for regional sales representatives from whom customers can purchase products.
A misdemeanor is punishable by a. one year or more incarceration. b. six months to one year of incarceration. c. one year or less of incarceration. d. civil penalties or criminal fines only.
C
A person who is a customer of Walmart who slips and falls on aisle four is considered a/an a. licensee. b. incidental trespasser. c. invitee. d. accidental trespasser.
C
Butler was shopping at Sky Mart and slipped and broke his tailbone because an employee had dropped a gallon of milk in the aisle. This was on October 25, 2019. The state law that requires Butler to file his lawsuit by October 25, 2022, is known as a/an a. request for filing b. laches limit c. statute of limitations d. civil procedure timing rule
C
Diversity of citizenship jurisdiction involves a case a. in state court with diverse parties and a controversy over $75,000. b. in federal court with diverse legal theories and a controversy over $75,000. c. in federal court with diverse parties and a controversy over $75,000. d. in federal court only and the amount in controversy is irrelevant.
C
Isabelle was a reporter for KTUV News. She reported on the nightly news that Sharaf, an engineering professor at the city's university, was a prime target of a State Department terrorism investigation and was credibly accused of aiding international terrorists to attack the United States. Although Isabelle had received this information from a reliable government source and had no malice against Sharaf, the story was completely false, Sharaf was innocent. Sharaf's reputation in the community was ruined. His friends avoided him and students stopped signing up for his classes. He was eventually fired by his dean. Which of the following is Isabelle guilty of? Isabelle is guilty of slander for telling a lie that caused injury to Sharaf. b. Isabelle is guilty of libel for telling a lie that caused injury to Sharaf. c. Isabelle is not guilty of defamation due to a qualified privilege. d. Isabelle is not guilty of defamation due to an absolute privilege.
C
Leticia was in a conference room being questioned by an attorney. The only other person in the room was a person from the court making a written record. Which of the following is this? a. a request for admissions b. an interrogatory c. a deposition d. a complaint and answer
C
Mediation differs from arbitration in which of the following ways? a. The mediator has the right of cross examination, while cross examination does not occur in an arbitration hearing. b. Mediation is sometimes required by statute, arbitration is never required by statute and is always voluntary. c. The mediator's goal is to defuse antagonism and help the parties reach a solution, the arbitrator's goal is to conduct a hearing and render a decision. d. A mediator makes a final decision in a matter, an arbitrator does not.
C
Michelle is driving at night when a policeman pulls her over for a blown taillight. When he approaches the car, he shines his flashlight into the car and sees a bag of white powder on the back seat. The officer orders Michelle out of the car and then reaches in to seize the bag. A quick examination leads him to believe that the bag contains cocaine. He arrests Michelle and takes her to the station. Was the officer's search legal? a. The officer conducted a legal search because he found drugs and the ends justify the means. b. The officer conducted an illegal search because he did not obtain a warrant. c. The officer conducted a legal search of areas which were openly visible because he may look into the car and may use simple mechanical devices, such as a flashlight, to aid his search without a warrant. d. The officer conducted an illegal search because he may look into the car but may not use mechanical devices to aid his search without a warrant, so the use of the flashlight made the search illegal.
C
Murder is the killing of a human being with malice aforethought. Malice aforethought is the premeditation and planning of the crime. Malice aforethought shows that one considered the consequence of the action and knowingly committed the crime. The malice aforethought would be the __________________. a. actus reus b. voir dire c. mens rea d. indictment
C
Roger works as a sales manager for Hi-Tech Solutions, a company that performs software consulting services. While working for Hi-Tech, Roger started a side business doing software consulting work and made $50,000 in it over the course of three years. Roger never informed Hi-Tech of his lucrative side business. If a court finds that Roger breached his duty of loyalty and orders him to pay Hi-Tech the $50,000 in profits he earned from his secret business, this is known as replenishment. restoration. disgorgement. reinstatement.
C
Sharma was a trial attorney representing a defendant in a lawsuit. She was asking a series of leading questions of a witness for the opposing party in a lawsuit. These questions came after the plaintiff's attorney had asked questions of the witness. What is this form of questioning called? a. Charging the witness b. Witness examination c. Cross examination d. Direct examination
C
Stephanie is a chancery court judge in the state of Mississippi. Blair is a resident of Mississippi and is filing for divorce. Stephane's court serves Blair's county. It would be accurate to say that in Blair's case, Stephanie's court has jurisdiction that is a. based on subject matter, personal, and diverse. b. based on subject matter, diverse, and original. c. based on subject matter, personal, and original. d. based on diversity of citizenship, personal, and original.
C
The amendment requiring that an arrest warrant may not be issued without probable cause is the a. Fifth Amendment. b. Sixth Amendment. c. Fourth Amendment. d. Eighth Amendment.
C
The amendment that guarantees a speedy public trial is the a. Eighth Amendment. b. Fifth Amendment. c. Sixth Amendment. d. Fourth Amendment.
C
Venue is a. the court's authority to decide a case based on the subject matter of the dispute. b. the court's authority over the parties to the dispute. c. the determination of the most appropriate location for the dispute. d. the determination of whether the case is to be held in federal or state court.
C
Which of the following circumstances involves a remand? a. Esther, federal district court judge, follows precedent from a previous U.S. Supreme Court decision and decides the case in favor of the plaintiff. b. Ronnie, a federal appeals court judge, asks a question of a litigant who has a matter on appeal before her court during a live question and answer session. c. Vashti, a state appeals court judge, reverses a trial court case and sends it back to the trial court with instructions that a different rule should be followed. d. Phil, a state trial court judge, decides a case in a matter in which there is no jury.
C
Which of the following is true of arbitration? a. It does not conclude with a decision being made. b. It is more formal than a bench trial. c. It is similar to a trial in that the arbitrator functions much like a judge. d. All of the answer choices are correct.
C
Which of the following is true of trial courts? . All of the answer choices are correct. b. Federal trial courts can only rule on federal issues, they have no jurisdiction over state issues. c. A trial court decision is binding on the parties to the case an no one else. d. Trial courts only establish persuasive precedent on future courts.
C
A principal has a duty to reimburse or indemnify the agent for payments made or expenses incurred even if incurred outside the agent's actual authority.
False
When an agent agrees to act for the principal, this is known as manifestation. apparent authority. assertion of control. consent.
Consent
A grand jury will issue a[n] ________ if its investigation indicates that a defendant should be held over for trial. a. warrant b. information c. summons d. indictment
D
A plaintiff who knows there is a substantial danger associated with certain conduct and goes ahead with the dangerous activity anyway gives the tortfeasor the defense of a. strict liability. b. Res ipsa loquitur. c. superseding cause. d. assumption of the risk.
D
An example of a forum selection clause is a. a clause in a state law which states that all cases where the matter in dispute is less than $10,000 must be filed in the small claims court. b. a contract between Oblonsky and Alexei which says that the laws that would apply to their contract are those of Oblonsky's state. c. a clause in a federal law which states that all bankruptcies must be filed in the state of the party who is declaring bankruptcy. d. a provision in a contract between Levin and Anna which says that if there is a dispute between the parties, it will be in a court within Levin's state.
D
Audie is signing a contract. He doesn't mind the idea of alternative dispute resolution (ADR) but wants to preserve his right to later have any dispute that arises under the matter heard in court. Which of the following would provide him with the right to have his case heard in court after ADR? Mediation b. Mini-trial c. Nonbinding arbitration d. All of the answer choices would provide Aude the right to later have his case heard in court.
D
Basic Technologies manufactured an engine that was used in small airplanes. The engineers specified B-grade wiring to be used in the engine. When Bonnie flew an airplane with a Basic Technologies engine, the wiring failed and the plane crashed, injuring her. Bonnie claimed that the plane should have had the more heavy-duty A-grade wiring on the engine. Bonnie is claiming which of the following products liability defects? a. marketing b. warranty c. manufacturing d. design
D
Charles set up a fraud scheme in which he promised investors huge returns that other investments could not match, but actually paid returns to investors from money paid by subsequent investors and pocketed the rest. Charles is a. skimming. b. engaged in a conspiracy. c. running an insider trading scam. d. running a Ponzi scheme.
D
Deputy Aldana stopped Lori, a college student, because he'd had experience with many college students in the past who had been in possession of drugs. After performing a pat down search of Lori, he found cocaine in her pocket. Deputy Aldana then used the drugs to justify obtaining a warrant to search Lori's dorm for more drugs, where he found a large quantity of marijuana with scales and other paraphernalia. Lori is now being tried for drug trafficking. What evidence, if any, would be admissible at trial? a. The cocaine in Lori's pocket would be excluded from evidence but the marijuana and cocaine found in her dorm are admissible because they were supported by a warrant. b. The cocaine in her pocket would be admissible at trial but not the marijuana in her dorm. c. Both the marijuana from her pocket and the marijuana in her dorm would be admissible at trial. d. Neither the marijuana nor the cocaine would be admissible at trial.
D
Fran was walking down the sidewalk when she was approached by Sherm, who held a gun to her head and threatened to shoot her if she did not break into a car and steal a computer he saw inside. Fran did so and was arrested when her fingerprints were later found on the car. Under these circumstances, Fran has a. no defense, as she committed the crime, but the circumstances will be considered in sentencing under her state's sentencing guidelines. b. the defense of a lack of actus reus. c. the defense of self-defense. d. the defense of duress.
D
Gertie was sitting on her porch when she saw William, a person who lived down the street from her whom she occasionally spoke to, walking by, texting on his phone. William turned towards the street, not paying attention to his surroundings. Gertie saw he was about to walk into the path of an oncoming truck but did not warn him and watched as he was hit by the truck and flew through the air. William was badly injured and sued Gertie. What is the likely result? a. William wins because this was negligence per se. b. Gertie wins because this was misfeasance. c. William wins because Gertie breached a duty to act as a reasonably prudent person. d. Gertie wins because there was no special relationship between her and William.
D
In a products liability case, the injured party can pursue a legal remedy against the seller of the product based on all of the following theories except a. strict liability. b. warranty. c. negligence. d. immunity.
D
Stan and Dwight were playing in a golf tournament and came to a hole where there was a hill that required a blind shot to the green. Dwight asked Stan to drive ahead in the golf cart to see if they could hit their shots. Stan drove the cart over the hill, saw the green was clear, and started driving back to the tee box. Dwight never saw Stan heading back in the cart, became impatient and without warning hit his shot. The shot conked Stan on the head, knocking him out and resulting in a long term disability. Stan sued Dwight for negligence. What is the likely result? a. Dwight is not liable for negligence but is liable for assault and battery because he committed an intentional tort. b. Dwight is not liable for negligence because Stan knowingly assumed the risk that Dwight would hit a shot in his direction. c. Dwight is liable for negligence because a tortfeasor is always liable for whatever damages their behavior causes. d. Dwight is liable for negligence because Stan did not knowingly assume the risk that Dwight would hit a shot in his direction.
D
Which of the following is correct of legally mandated arbitration? a. It is binding and gives no right to appeal to either party. b. It is unconstitutional, as all citizens have a constitutional right to a jury trial. c. It is nonbinding and gives the losing party the right to appeal only under certain narrow conditions. d. It is nonbinding and gives the losing party the automatic right to appea
D
A revocation of the agency relationship requires that the principal and the agent agree to terminate the agency.
False
Which of the following scenarios would most likely result in strict liability? a. Ivan was a spectator at a college football game and his cell phone was broken when a football flew into the stands and knocked it out of his hands. b. Bruno owns a small pet rabbit that escaped from his yard and bit a neighbor. c. Barber owned an ice cream shop and his worker, Bee, spilled several gallons of ice cream on the floor. Dee then took her 15-minute break and a customer fell on the slick floor. d. The brakes on Jose's new car where improperly installed at the factory resulting in him hitting a telephone pole and getting whiplash.
D
Which of the following situations will create diversity jurisdiction? a. Arizona sues Nevada to stop Nevada businesses from polluting water from the Colorado river that flows into Arizona. b. All of the hypotheticals involve situations that would create diversity jurisdiction. c. Vronsky, a Pennsylvania resident, is suing a state university in Pennsylvania on grounds that the university denied him his civil rights. d. Forrest, a resident of Georgia, is suing Bubba, a resident of Alabama, for $150,000 for injuries Forrest alleges Bubba caused him when he ran over Forrest's foot with his truck.
D
A summons is a court order compelling a person to testify or produce evidence in his or her possession.
False
Elizabeth works as a delivery driver for Big Box Hardware Store (BBHS) and picks up a load of metal barn roofing to deliver to a customer. Elizabeth is told by her manager to take a certain route to deliver the roofing. While driving to the location, Elizabeth decides to drive a half mile out of her way to pick up some food at Taco Palace. Elizabeth does not call BBHS to ask for permission to get tacos. On the way to Taco Palace, Elizabeth rear ends Jake's car, giving him whiplash and totaling his car. Jake sues BBHS. What result? Elizabeth was on a detour, so BBHS is liable. BBHS is not liable because Elizabeth was on a frolic. BBHS is not liable because Elizabeth was on a detour. Elizabeth was on a frolic, so BBHS is liable.
Elizabeth was on a detour, so BBHS is liable.
Frosty and Sunny agreed to an agency agreement where Frosty would work for Sunny from January 1 until April 1. On April 1, the agency will terminated by operation of law. destruction of the essential subject matter. expiration. revocation.
Expiration
A Judge must be present during depositions to resolve disputes and ensure fairness.
False
A court may hear a case if it has jurisdiction over either the subject matter of the dispute or the parties in the case.
False
A party who is injured by another's negligence but is found to have committed comparative negligence will recover nothing.
False
Jessica was caught shoplifting at a department store both by employees who witnessed the act and by cameras in the store. The store's management may hold her as long as it takes to get her to confess.
False
Jethro is having a sweet-16 birthday party for his daughter Kate in his backyard. To make the party special, he hires Tony to put on a fireworks display. He found Tony through a classified ad in the local newspaper. He hires Tony after a brief phone conversation in which Jethro told Tony he wanted the fireworks to begin at 8 p.m., make it last 16 minutes, and make it spectacular. They did not discuss Tony's background and experience, and no safety parameters are mentioned or discussed. During the finale, one of the rockets malfunctions and explodes amid the party guests, injuring eight people. Jethro has no liability because Tony was an independent contractor.
False
Jonathan is a junior in college and has started dating a secretary who works in the college president's office. She is madly in love with him, and when he asks for the passwords to access the school's main computers, she gladly gives them to him. He uses the passwords to change his grades. Jonathan has violated the Sarbanes-Oxley Act.
False
Justin is annoyed because his neighbor's dog is constantly barking. He intentionally walks up to the dog in his neighbor's yard and viciously kicks it. Justin has committed battery.
False
Micah goes to his local bike shop to buy a cyclometer (which measures speed, distance, etc.). He tells the salesperson that he wants the best cyclometer on the market, and she shows him a cyclometer and states that particular brand and model was actually used by some participants in the Tour de France bicycle race and is the best Micah can buy. Micah buys the cyclometer. As it turns out, 8 of the 189 Tour riders indeed used the brand and model bought by Micah, with the other 181 using various other brands and models. In actuality, there is no acknowledged top brand and model, and use is subject to personal tastes. The salesperson has committed a fraudulent misrepresentation by stating that the brand and model sold to Micah was the best.
False
Milio is having coffee in a coffee house when he sees Jordan, who is the dean of a Midwest business school. Milio used to teach at Jordan's prior school and was considered a very valuable faculty member. They haven't seen each other for years, and Jordan has no idea what Milio has been doing or where he's currently working. She tells him that she has a position for him if he's interested. The next day Milio quits the university he's under contract with and signs a contract with Jordan's school. Jordan's school can be sued for tortious interference with existing contractual relationship.
False
Ms. Bobbin, your ethics teacher, is a first-year professor, just out of school, and she is very tough and demanding. You've done poorly on the first two tests, and you think it's her fault. Someone tells you that she has a criminal past, and, without verification, you spread this allegation. In fact, Ms. Bobbin has been a model citizen and never broken the law. As a result of your actions, she is put on probation, pending an investigation. She cannot sue for defamation because, as a professor, she is a public figure and your conduct was intentional but not a careless disregard of the truth or an act done with malice.
False
Negligence may result from either an intentional or unintentional act.
False
One of the major functions of criminal law in general is to compensate parties for damages caused by another's conduct.
False
Peter and Paul are business associates. The police enter the business with a search warrant because Peter is under investigation for a crime. When the police ask Paul to answer some questions, he agrees, but one of the questions, if answered, might make him culpable too. Paul must answer the question because he is not under investigation and therefore does not currently have the right against self-incrimination.
False
Professor Smith announces to his dean that the students in his noon class are the worst students that he has ever had and that they should never have been admitted to the school. The students are actually as qualified as any other students admitted to the school. The students may sue Professor Smith for slander.
False
Regarding defamation, a qualified privilege exists in courtrooms and legislative hearings.
False
State long-arm statutes are used to establish subject matter jurisdiction over out-of-state defendants.
False
The U.S. Constitution requires that all state court judges be appointed by the state's governor and approved by the approval of the state's legislature.
False
The centerpiece of a fiduciary obligation is the agent's duty to act with due care when performing the responsibilities of the agency.
False
The primary difference between arbitration and other forms of ADR is that arbitration is quicker.
False
The principal may be an individual or entity (such as a corporation), but the agent must be an individual.
False
The term litigation refers to the trial but does not include pretrial events as well.
False
To develop your understanding of agency law, you need to be aware of the legal requirements for creating an agency, the liability of a principal for an agent's conduct, and the remedies available to the parties.
False
Whether an agent is an employee or independent contractor depends on what is said in the agreement between the principal and the agent.
False
Your professor is in the middle of her lecture when the dean from a competing school walks into class and offers her a position at his school at double her present salary. When she asks when the position will start, he says tomorrow. Your professor looks at the class, says good-bye, and walks out to start cleaning out her office. Your school can sue your professor for tortious interference with an existing contractual relationship.
False
n recent years, the Supreme Court of the United States has generally accepted only about 10 percent of the petitions for a writ of certiorari made to the Court each year.
False
Who of the following is a gratuitous agent? Carlton works for Big Corp as a delivery driver Gerta asks her roommate Dorian to pick up her laundry from the dry cleaners as a favor Brynn asks Tan, a truck driver for her company, to deliver a load of lumber by the end of the day Jamielyn works as a staff accountant for Roosevelt, Truman and Eisenhower, CPAs
Gerta asks her roommate Dorian to pick up her laundry from the dry cleaners as a favor
Which of the following is an example of terminating the agency relationship by an express act? Girard, the CEO of Freedom Corp, calls Trish, his national sales manager, and tells her to stop working. The diesel truck that Bruno was hired to repair catches on fire and is destroyed before he can begin work on it. Blanding, the president of Rocket Corp which employs Carlton as CFO, dies after a short illness. Greenwave Technologies, which employs Tandy, a manager, declares bankruptcy.
Girard, the CEO of Freedom Corp, calls Trish, his national sales manager, and tells her to stop working.
Rita defaulted on the loan of her motorhome. She had borrowed the money to purchase the motorhome from Thrifty Bank. Thrifty hired Roger the Repo Man to repossess the motorhome for a fee of $1,000. Roger was told to find the motorhome and take it in whatever manner he thought best so long as he did not break the law. Roger would be classified as an independent contractor. an agent/employee. a gratuitous agent. a principal.
Independent Contractor
Big Bob worked for Transfer Trucking (TT) as a driver and was an agent of TT. Big Bob drove a regular route, making deliveries along the way. One day Big Bob drove 60 miles out of his way and off the normal route to see the launch of a space ship. While driving to see the launch, Big Bob was distracted and negligently smashed his truck into a car driven by Austin, injuring him. Austin is now suing both Big Bob and TT for personal injuries. Under the circumstances TT is not liable because Big Bob was on a frolic of his own. Austin can recover damages from both Big Bob and TT. TT is liable under the doctrine of respondeat superior. TT is never liable for the negligent torts of its agents.
TT is not liable because Big Bob was on a frolic of his own.
A court may exercise personal jurisdiction over a business entity.
True
A motion for a summary judgment may be filed by either the plaintiff or the defendant.
True
A person cannot be guilty of negligence if he or she has no duty owed to the plaintiff.
True
A state court may not unilaterally declare or decide that the proper venue for a case should be in another state.
True
A state probate court, which hears only wills and estates matters, is generally described as having limited authority or jurisdiction.
True
Congress has twice passed federal statutes intending to control pornography over the Internet with regard to distribution to minors, and both times the law was struck down as being too broad and too vague, therefore infringing on freedom-of-speech rights of the general public.
True
Courts have been very reluctant to extend reasonable expectations of privacy rights to the workplace.
True
Diversity of citizenship is a form of federal personal jurisdiction when the amount in controversy exceeds $75,000.
True
Faye is driving when she sees an accident occur a half mile in front of her. Sarah has negligently swerved her car, forcing Lindsay's car off the road and into a tree. Lindsay is thrown from the car and appears injured. Faye stops to render aid, and while helping Lindsay, she slips and breaks her leg. Sarah is not liable in negligence for Faye's injury because the injury was not foreseeable and Sarah's act was not the proximate cause of Faye's injury.
True
Generally, everything relevant to a dispute is discoverable in a civil lawsuit unless protected by a legal privilege.
True
If a state appellate court renders a decision on a new issue, that state decision will become precedent for any federal court decisions when the federal court is located within the state and the decided issue is one of state law.
True
Inducing someone to break a contract with a third party is tortious conduct.
True
Legally mandated arbitration is nonbinding arbitration.
True
Minimum contacts in a state need not be shown if an out-of-state corporation's conduct has the reasonably foreseeable potential to cause injurious effects to a forum state plaintiff.
True
Not all courts have the authority to hear all cases.
True
Officer Jones is a policeman on a foot patrol at Ole Miss. When he passes a group of three students, he smells what he believes to be the odor of marijuana even though he does not see any of the three students actually possessing it. He may conduct a limited pat-down search of the three students to determine whether any have marijuana on their person.
True
One significant benefit of an employer's completing an IRS Form SS-8 is that even if the employer does, in fact, misclassify a worker, the proper completion of the form may evidence a good faith effort by the employer, reducing or even eliminating IRS penalties for misclassification.
True
Salena is walking her 6-month-old baby in a stroller. Marlon, a stranger, looks into the stroller and says, "Wow, that's one ugly baby." Salena is furious and sues Marlon for intentional infliction of emotional distress. Salena will likely lose.
True
States provide an automatic right to appeal inferior court decisions, usually to the state's trial court.
True
The Model Penal Code has been adopted by approximately two-thirds of the states.
True
The exclusionary rule is controversial because it tends to benefit guilty parties by suppressing evidence that is often instrumental in convicting them.
True
The manager at an apartment complex has no prior criminal record but has just been arrested for possession of child pornography. If he is convicted but given probation and not jailed, the apartment complex may be liable if it does not fire him and he later harms a child on the premises.
True
The physical presence of an out-of-state party in a particular state is generally an automatic basis for jurisdiction over the defendant by both that state's courts and the federal trial court within that state.
True
The right to confront witnesses through cross-examination is contained in the Sixth Amendment.
True
Vince is a general contractor who hires Brad to install plumbing in a government building under construction. The morning that Brad is to begin work, Vince discovers that Brad has lost his plumbing license and is no longer eligible to do work on government buildings. When Brad shows up ready to work, Vince informs him that he cannot use his services and sends him away. The agency relationship terminated due to operation of law.
True
Whether an agency is classified as disclosed, undisclosed, or partially disclosed, the principal has the duty to fully perform the contract obligations.
True
n a fully disclosed agency situation, the agent is not contractually liable to the third
True
principal has the power to terminate an agency relationship at any time.
True
Jordan has just fired Donnie, who was his agent in his stock brokerage firm, Wolfco. Jordan placed an ad in the Wall Street Journal stating: "Donnie no longer works for Wolfco or represents Wolfco in any way, shape or form." Jordan placed this ad to eliminate any possible liability resulting from gratuitous agency. apparent authority. ratification. actual authority.
apparent authority.
Formal action in a lawsuit begins when the plaintiff files a a. discovery request b. request for production c. summons and complaint d. motion for filing
c.summons and complaint
While driving his motorcycle to work in the morning at Hugeco, Fritz, a staff attorney, is not paying attention and swerves onto the sidewalk, runs over Annika's foot, causing her injuries. Annika sues Hugeco under respondeat superior theory. If the court does not permit her lawsuit to proceed because Fritz was on his morning commute, this would be an application of the commute authority rule. undisclosed agency doctrine. going-and-coming rule. vicarious liability rule.
going-and-coming rule.
Bev knew that when she was dealing with Kirsten that Kirsten was representing another party in a land purchase, but she did not know whom. This type of agency is a/an gratuitous agency. partially disclosed agency. undisclosed agency. disclosed agency.
partially disclosed agency.
In an agency relationship, the agent owes each of the following duties to the principal except a duty of accounting. loyalty. care. preparation.
preparation
Doke is manager of an apartment building and notices the parking lot has numerous potholes. Residents are complaining and threatening to not renew their leases. Without contacting Kimba, the owner of the apartment building, Doke calls a paving service, signs a contract, and has them repave at a cost of $50,000. Doke has no authority to make such expensive repairs. When Kimba returns from a vacation and sees the parking lot, she thanks Doke for his initiative and approves of the repairs. This is an example of a/an ratification of agency. partially disclosed agency. independent agency. gratuitous agency.
ratification of agency.
