EXAM 1

legal system requirements

-needs to be flexible

Dexter loses his breach-of-contract case against Micheletta in a Georgia state trial court. Dexter appeals to the state court of appeals. Losing again, he files his next appeal with:

. the United States Supreme Court. b. the Georgia Supreme Court. c. a U.S. District Court. d. a U.S. Court of Appeals.

concurrent jurisdiction requirements

1. amount of requested damages exceeds $75,000 2. Parties in disputes are from two different states

What is the term to describe a plaintiff's failure to exercise reasonable care for her own safety? A. Premises liability B. Strict liability C. Contributory negligence D. Assumption of risk

Contributory negligence

A(n) _____ is a serious crime such as murder, sexual assault, arson, drug-dealing, or a theft or fraud offense of sufficient magnitude. A. misdemeanor B. felony C. tort D. infraction

Felony

Discovery allows the parties to obtain information and gather evidence about the case. One discovery tool that parties can use is interrogatories. Interrogatories are best described as:

A series of written questions for which written answers are prepared and then signed under oath.???

Concurrent Subject Matter Jurisdiction

A. For diversity cases and most federal question cases; both state courts and federal courts are empowered to hear the case B. The plaintiff can choose to file in either state or federal court, but a defendant may decide to remove a case from state court to federal court if there is federal jurisdiction

Which of the following pretrial steps occurs nearest in time to the trial in a felony prosecution? A. Booking B. Arraignment C. Indictment D. Information

ARRAIGNMENT

Which of the following is applied in a lawsuit between two private parties? A. Criminal law B. Civil law C. Procedural law D. Public law

Civil law

Cabinet Posts

Attorney General, Secretary of State, Secretary of Defense, and the Secretary of Homeland Security are examples of ...

Which of the following is not a burden of proof under the American legal system? A. Preponderance of the evidence B. Clear and Convincing C. Beyond a doubt D. Beyond a reasonable doubt

Beyond a doubt

Which of the following is also called "judgemade law"? A. Common law B. Statutes C. Uniform acts D. Equity

Common law

Which of the following gives the judiciary the power of interpretation? a.The Constitutionb.Marbury v. Madisonc.Roe v. Waded.None of the above.

Constitution??

Lily has suffered severe injuries from a car accident. She would like to sue for compensation, but does not have enough funds on hand to retain an attorney on her own. What is the best type of fee arrangement for Lily? a. Hourly fee b. Administrative fee c. Fixed fee d. Contingency fee

Contingency fee

Catherine decided to have lunch at Tom's, one of the most popular restaurants in town. She ordered soup before her main course as usual. The soup served to Catherine contained a maggot floating about in it. Fortunately, she noticed this before she had it. She sued Tom's for negligence. The most likely result will be: A. Catherine will not win since she did not sustain any damages. B. Catherine will not win, as bones in clam chowder are foreseeable. C. Catherine will win if she proves emotional distress. D. Catherine will win because the restaurant failed to use due care.

Catherine will not win since she did not sustain any damages.

trial court

Court of original jurisdiction where cases begin

State Courts

Courts that hear disputes about the laws of one state -LIMITED JURISDICTIOn probate court (wills) small claims (small dollar amount) family courts (divorces and custody) -General jurisdiction courts all of the abou tand everything else.

federal courts

Deal with problems between states; they also handle cases that deal with the Constitution and the laws made by Congress, they lack enforcement powers. -cases that involve a federal questions federal statues administrative - regulations constitution copyright disputes. bankruptcies -general jurisdiction

Power of Judicial Review

Enables courts to review laws and actions enacted by the legislative and executive branches and to declare them unconstitutional.

What is the basic remedial device in cases of Fourth Amendment violations? A. Exclusionary rule B. Due process clause C. Habeas corpus D. Counterclaim

Exclusionary rule

For a battery to exist, the victim must be aware of a harmful or offensive contact at the time that contact occurs. True or false

FALSE

In a strict liability case, the plaintiff must prove that the defendant breached a duty. True or false

False

The Fifth Amendment guarantees indigent defendants the right to court-appointed counsel. True or false

False

How does the reasoning and outcome in this case relate to your being sold a defective product that was handmade and sent to you from another state? a. Generally, if some craftsperson created and sent you a defective product from another state, you could still sue in your own state because of a long-arm statute. b. You would have to sue the craftsperson in the state from which he sent his handmade product. c. In our court system, just selling a defective product sent from one state to another does not constitute the minimum contacts necessary for your state's court to exercise jurisdiction over the craftsperson.

Generally, if some craftsperson created and sent you a defective product from another state, you could still sue in your own state because of a long-arm statute.

_____ is defined as the desire to cause certain consequences or the substantial certainty that those consequences will result from one's behavior. A. Intent B. Negligence C. Liability D. Battery

Intent

Which of the following is true of the Commerce Clause in present times? A. It has become a federal power with an extensive regulatory reach. B. It no longer blocks state regulations that hinder interstate commerce. C. It has been preempted by the federal taxing and spending powers. D. It allows Congress to regulate interstate commerce but not intrastate activities affecting it.

It has become a federal power with an extensive regulatory reach.

Which of the following statements regarding commercial speech is true? A. It enjoys the same First Amendment protection as political expression. B. It is not protected if it misleads or seeks to promote illegal activity. C. It receives rational basis protection, if it is not misleading. D. Movies, television programs, and magazine articles are normally classified as commercial speech and are thus fully protected.

It is not protected if it misleads or seeks to promote illegal activity.

What do courts begin their interpretation of a clearly worded statute with? A. Its plain meaning B. Its legislative history C. Records of legislative debates D. Its different amendments

Its plain meaning

What is a court's power to hear a case and to issue a decision binding on the parties called? A. Jurisdiction B. Prerogative C. Venue D. Assignment

Jurisdiction

What is a statute? A. Laws made and applied by judges B. Laws made by Congress or a state legislature C. Laws made by administrative agencies D. Laws made by the federal judiciary

Laws made by Congress or a state legislature

Arbitration is a nonjudicial dispute resolution mechanism. Arbitration is a(n):

Method whereby the parties to a controversy may resolve their dispute by agreeing to be bound by the decision of an impartial third party.

Venue refers to thea. primary subject matter of a case at trial.b. basis for selecting a jury.c. procedure for appealing a case.d. most appropriate location for a trial. D. Most appropriate location for a trial

Most appropriate location for a trial

Calvin, a resident of South Park, Colorado, creates a Web site called "But Seriously" which acts as an electronic billboard for posting funny stories. Ted, a resident of Northridge, California, posts a story on the Web site. Stu, a San Diego, California resident, files a lawsuit against Calvin in a federal district court in California, claiming that Calvin had defamed him on his Web site. Based on these facts, does Calvin have sufficient "minimum contacts" to give the California federal district court in personam jurisdiction over him? A. No, Ted's posting alone is not enough to create sufficient "minimum contacts." B. Yes, Ted's posting creates sufficient "minimum contacts." C. Yes, by creating a Web site that is accessible in California, Calvin has sufficient minimum contacts with that state. D. Calvin has sufficient "minimum contacts" with California only if Stu's claim is in excess of $75,000.

No, Ted's posting alone is not enough to create sufficient "minimum contacts."

Assume that Wang Huoqing's Websites featured photos of celebrities carrying counterfeit Gucci handbags. Is the Website interactive enough to create sufficient contacts to establish purposeful availment? Why or why not? a. Yes, because it depicts people engaged in illegal conduct. b. No, because the Website is not offering counterfeit handbags for sale. c. Yes, because visitors are interacting with the Website by clicking through various photos.

No, because the Website is not offering counterfeit handbags for sale.

n this case, the court determined it had personal jurisdiction. Did the court also have jurisdiction over property located within its boundaries? a. Yes, because the issue here was property—a counterfeit handbag. b. No, because the handbag was labeled with Gucci's trademark. c. Yes, because the handbag was shipped to and received in California.

No, because the handbag was labeled with Gucci's trademark

What are depositions?

Oral examinations of a party by the opposing party's attorney taken down by a court reporter

Karl sells Jason his house. After moving in, Jason learns that Karl failed to disclose serious defects in the house. Jason sues Karl. After the pretrial procedures are completed, the case enters the trial phase. The attorneys begin the process of voir dire. During voir dire: a. the attorneys view and discuss pretrial documents obtained during discovery. b. the bailiff organizes the courtroom so that the trial can proceed in a proper fashion. c. the attorneys determine the appropriate number of jurors. d. Potential jurors in the jury pool are questioned.

Potential jurors in the jury pool are questioned.

What is the standard of proof that the plaintiff must satisfy in a tort case? A. Preponderance of the evidence B. Beyond-a-reasonable-doubt C. Benefit of assumption D. Burden of proof

Preponderance of the evidence

Emile's father just died, and his estate must be divided between his heirs. What kind of court will Emile go to in order to settle his father's estate? a. Common pleas court b.Probate court c.Bankruptcy court d.Court of appeals

Probate court

Tyler believes that some laws passed by his state's legislature are bad, and he refuses to comply with them. He believes that there is a universal law above all others that grants rights to all people and that it is above all other laws. Tyler subscribes to what school of jurisprudential thought? a. The positivist school b. The historical school c. The natural law school

The natural law of school

according to the video, which of the following are the primary ingredients of the American legal system? A. Rules, order, and justice B. Rules, order, and protection C. Rules, order, and rights D. None of the above

Rules, order, and justice

subject matter jurisdiction (SMJ)

State or Federal? 1) Diversity of Citizenship, or 2) Federal Question

Malcolm has brought a lawsuit against Will. Malcolm feels that there is no genuine issue of material fact in dispute, and also that he is entitled to win this case as a matter or law. What legal procedure would allow Malcolm to win this case as quickly as possible? A. Discovery B. Voir dire C. Jury trial D. Summary judgment

Summary judgment

Betty sues John. Betty is the Plaintiff and John is the Defendant.

TRUE

Which of the following defeats a federal statute in case of a clash between them? A. A state statute. B. A state constitution. C. An equitable principle. D. The US Constitution.

The US Constitution.

Jurisdiction

The authority to decide a lawsuit 1. courts must have subject matter and personal jurisdiction (subject matter jurisdiction and personal jurisdiction) to have the authority to decide a civil lawsuit 2. state and federal courts generally have different jurisdictions 3. Knowing the location of the court which have jurisdiction to hear a lawsuit can help a party decide whether to have a trial or to settle out of court. Knowledge about jurisdiction has strategic value.

appellant

The losing party in a court case who appeals the case to an appellate court. -person who files an appeal

Which of the following is true about cases regarding the intentional infliction of emotional distress? A. All courts require that the plaintiff's emotional distress have physical manifestations. B. The plaintiff must be emotionally susceptible in order to recover. C. The plaintiff's emotional distress must be severe. D. The defendant should exhibit sufficiently unreasonable behavior for liability.

The plaintiff's emotional distress must be severe.

Which of the following statements is true of statutes and statutory interpretation? A. Statutes are easier to interpret than case law. B. Courts begin their interpretation statues with legislative history. C. There is deliberate ambiguity in the language of statutes. D. Statutes are generally interpreted on the

There is deliberate ambiguity in the language of statutes.

Corporations engaging in political expression are entitled to the same First Amendment protection as an individual engaged in such speech. TRUE or FALSE

True

The doctrine of stare decisis states that like cases should be decided alike. True or false

True

True or False: In rem jurisdiction is based only on the fact that property of the defendant is located within the state.

True

Under many "mixed" comparative negligence systems, a plaintiff recovers nothing where the plaintiff's own negligence was 50% or more responsible for the plaintiff's injury

True

When Congress created the U.S. Sentencing Commission and charged it with creating Sentencing Guidelines, Congress sought (among other things) to decrease the discretion of judges in making sentencing decisions. TRUE or FALSE

True

In general, a court has _____ if it is a territorially fair and convenient forum in which to hear the case

Venue

When is a corporation entitled to full First Amendment protection? A. When it engages in artistic speech. B. When it works for the public good. C. When it aids in promoting federal power. D. When it engages in political speech.

When it engages in political speech.

Jack had taken his girlfriend Jenny on a long drive. While driving on the highway, he suddenly had a severe headache and lost control of the car. They were hit by a passing car. The doctor had earlier warned Jack that he has a brain tumor, due to which he would experience occasional pains. Jenny sued Jack for negligence. Will she succeed? A. Yes, because Jack could reasonably foresee severe pain which might to lead to accidents. B. No, because Jack did not intend to cause an accident. C. Yes, because Jack caused the accident. D. No, because she should have sued the driver of the passing car which hit them.

Yes, because Jack could reasonably foresee severe pain which might to lead to accidents.

According to the law, crimes are statutory offenses; this essentially means that: A. it must be proved that the crime is dangerous or detrimental to society. B. a behavior is not a crime unless a state legislature has criminalized it. C. the prevention of crime should include deterrence and rehabilitation. D. courts may assess punitive damages in order to punish the wrongdoer.

a behavior is not a crime unless a state legislature has criminalized it.

municipalities

a city or town that has corporate status and local government.

In preparation for a trial between George and the ABC Corporation, ABC's attorney places George under oath and asks George questions that are recorded by a court reporter. This is known as: a. a deposition. b. voir dire. c. request for admissions. d. an interrogatory.

a deposition.

uan files a lawsuit against Liliana. Liliana responds to the complaint by filing an answer. After the pleadings are closed, Juan can file: a. an affirmative defense. b. a motion for judgment n.o.v. c. a counterclaim. d. a motion for judgment on the pleadings.

a motion for judgment on the pleadings.

Statue of Frauds

a state law that requires that certain contracts be in writing

Vinny decides to sue Allison. To begin the suit, Vinny must file a complaint. Vinny's attorney argues in the complaint that the Connecticut Superior Court is the most appropriate court in which the case should be heard. Vinny's attorney is asserting: a. a statement of the basis for the court's jurisdiction. b. a statement indicating the key evidence behind the suit. c. a motion for summary judgment. d. a motion for judgment n.o.v.

a statement of the basis for the court's jurisdiction.

Assume that Congress passes a law establishing a new administrative agency to oversee cyberterrorism issues. The agency writes rules to enable itself to carry out its duties. The rules written by the agency will be known as: a. administrative law. b. statutory law. c. constitutional law. d. a Restatement of the Law.

administrative law.

Rachael was arrested by the police on suspicion of possession of a controlled substance. She was informed of her Miranda rights. Rachael waived her right to remain silent and confessed to the crime after a brief period of police interrogation. Her confession is: A. admissible, according to Supreme Court precedent. B. inadmissible because it was obtained in violation of her Fourth Amendment rights. C. admissible, according to the "search incident to a lawful arrest" exception to Miranda. D. inadmissible because it was obtained in violation of her Fifth Amendment rights.

admissible, according to Supreme Court precedent.

judgment is entered against Michael in Anderson's case against him. Michael appeals to an intermediate appellate court, which agrees to review the case. On appeal, most appellate courts: a. remand the case for new trial. b. reverse the trial court decision. c. modify trial court findings of fact. d. affirm trial court findings of fact.

affirm trial court findings of fac

The 6th Amendment to the U.S. Constitution guarantees which of the following?

all

article 9 security interests under UCC

allow private individuals to repossess goods if you fealt on a loan for the purchase of a computer and theres a aticle 9 secruity rule can com and pocess it

Joseph is appointed to serve as an officer for a federal agency. He is appointed by the president of the United States and confirmed by the U.S. Senate. He is to serve for a six-year fixed term and cannot be removed without cause (even if there is a change in the president). Joseph is most likely serving in: a. an executive agency. b. a cabinet post. c. an independent agency. d. a congressional committee.

an independent agency.

Defendant

an individual or group being sued or charged with a crime

The city of Flagstaff passes legislation to make it illegal to carry an open container of alcohol on any city street at any time. This legislation is called: a. a uniform law. b. an ordinance. c. a citation. d. an administrative rule

an ordinance

Monroe is reviewing an appellate case for class and must correctly identify the parties to the case. In the case, the original defendant (Franklin) is appealing his conviction by the State of Idaho. In the appeals case, Franklin is known as the: a. appellee. b. appellant. c. respondent. d. defendant.

appellant

Jim files a suit against Kay. Before going to trial, the parties meet, with their attorneys to represent them, to present their dispute to a third party who is not a judge but who renders a legally binding decision. This is: a.arbitration. b.litigation. c.mediation. d.negotiation.

arbitration

The National Conference of Commissioners on Uniform State Laws (NCCUSL) passes a new uniform act related to texting while driving. This uniform act: a. automatically becomes the law in every state. b. becomes the law in every state that has joined the NCCUSL. c. becomes the law in every state that adopts the uniform act through legislative action. d. becomes a part of the United States Code and is therefore the law of the land in every state and territory of the United States.

becomes the law in every state that adopts the uniform act through legislative action.

John was angry because Harry is now dating John's former girlfriend. One day, as John was driving his car, he saw Harry walking by the side of the road. John deliberately swerved and struck Harry with the car. John may be successfully sued under: A. criminal law only. B. civil law only. C. either criminal law or civil law but not both. D. both criminal law and civil law.

both criminal law and civil law.

appellate court

court that generally reviews only findings of law made by lower courts

A "long-arm" statute allows:

courts jurisdiction over out-of-state defendants.

A "long-arm" statute allows: A. criminal courts jurisdiction over civil cases. B. state courts more power than federal ones. C. courts jurisdiction over out-of-state defendants. D. appellate courts to hear new cases.

courts jurisdiction over out-of-state defendants.

The Indiana state legislature passes a law increasing the minimum jail time for repeat violent offenders. This law becomes part of a body of law known as:

d. statutory law.

Sarah prevails in her lawsuit against Carl for injuries she sustained in a car accident. As a result, Sarah is entitled to a remedy. In the U.S. legal system, Sarah's remedy will most likely be in the form of: a. specific performance. b. rescission. c. damages. d. injunction

damages

Anna sues Whitney. While presenting her case, Anna's attorney calls Whitney's doctor to the witness stand. The questioning of this witness at this point in the trial is known as: a. interrogation. b. a request for admissions. c. direct examination. d. cross-examination.

direct examination.

The right of _____ is available for information that is not subject to a recognized legal privilege and is relevant to the case or likely to lead to other information that may be relevant. A. demurrer B. counterclaim C. discovery D. affirmative defense

discovery

Transpac Corp. and Alliance, Inc., agree to a contract that includes an arbitration clause. After a dispute arises, the case goes to arbitration. The arbitrator finds in Transpac's favor. Alliance files a lawsuit, alleging that the award should not be enforced, because the arbitrator made an error in her findings of fact. The court will likely: a. review the merits of the dispute. b. set aside the arbitrator's award. c. review the sufficiency of the award. d. do nothing.

do nothing.

Motor Sports, Inc., sues A-Z Speed. Motor Sports alleges that A-Z breached (failed to perform) a contract that required A-Z to sell ten Jet Skis to Motor Sports. Under the rules governing discovery, Motor Sports is most likely entitled to obtain: a. access to the contents of A-Z's top executives' safe-deposit boxes. b. physical examinations of key employees of A-Z. c. permission for Motor Sports' president to personally inspect the contents of all of A-Z's paper records and computer files. d. documents in A-Z's possession relating to the contract

documents in A-Z's possession relating to the contract

A case comes before a Wisconsin state trial court on the subject of free speech on the internet. It is a case of first impression, meaning that no case involving the same issue has been decided by the Wisconsin courts. In deciding such a case, it would not be considered proper for the judge to consider: a. cases from other jurisdictions. b. social values and customs. c. public policy. d. equitable maxims.

equitable maxims.

For a battery to exist, the victim must be aware of a harmful or offensive contact at the time that contact occurs.

false

The Appellate Court is where lawsuits are initiated. True False

false??

The body of American law includes:

federal and state constitutions, statutes, administrative laws, and case decisions.

independent agency.

federal board or commission that is not part of any cabinet department

trial between Shane and Verna results in a jury verdict in Shane's favor. After the jury renders its verdict, Verna's attorney likely will file a motion: a. to dismiss the case. b. for summary judgment. c. for a judgment on the pleading. d. for a new trial

for a new trial

The challenged law must be necessary to the fulfillment of a compelling government purpose." This is laid down for the: A. rational basis test. B. intermediate scrutiny test. C. full strict scrutiny test. D. still-controlling test.

full strict scrutiny test.

Which of the following can be obtained through discovery?

hearsay??

John is a resident of Iowa. While driving through California, he has an accident involving Marisol, a California resident. Marisol files a lawsuit in a California state court. Over John, the California court has: a. diversity jurisdiction. b. in personam jurisdiction. c. in rem jurisdiction. d. no jurisdiction

in personam jurisdiction.

Jurisdiction based on the presence of property within the state is called _____ jurisdiction. A. in rem B. personam C. sui iuris D. subject-matter

in rem

executive agency

independent agency that deals with certain specific areas within the government

Most serious crimes require mens rea, or criminal: A. behavior. B. violation. C. intent. D. prosecution.

intent

Most crimes require mens rea, or criminal

intent ???

The sex discrimination test is an example of the: A. rational basis test. B. intermediate scrutiny test. C. full strict scrutiny test. D. due process test.

intermediate scrutiny test.

Which of the following dispute resolution method is binding and involves a third party that makes a binding decision for the disputants?

jury ??

business criminal aws

makes it illegal to steal business names sell certain. business compotaties

A method of alternative dispute resolution in which a neutral third party helps the parties reach a resolution of the dispute by facilitating communication, clarifying areas of agreement, helping see each other's viewpoints, suggesting settlement options, but who cannot make decisions that bind the parties, is called: A. conciliation. B. mediation. C. minitrial. D. arbitration.

mediation.

Britney files a lawsuit against Kevin and wants her case settled as quickly and with as little cost as possible. Her best hope is a. arbitration. b. mediation. c. litigation. d. appeal. :

mediation.

Jackson, a homeowner, files a lawsuit against Johnson, his construction contractor. Prior to trial, they meet with their attorneys to try to resolve their dispute before going to trial. This proceeding is known as: a. negotiation. b. early neutral case evaluation. c. a summary jury trial.

negotiation

There is a provision of the means-ends tests by the Supreme Court because: A. individual rights must be protected at any cost. B. the correct procedure of law has to be followed. C. no constitutional right is absolute. D. the conduct of public officials must be scrutinized.

no constitutional right is absolute.

At a _____, the judge meets informally with the attorneys for both litigants in an attempt to get the attorneys to stipulate, or agree to, a resolution of certain issues in order to simplify the trial. A. demurrer B. directed verdict C. pretrial conference D. minitrial

pretrial conference

The standard of proof in a criminal case is: A. proof by a preponderance of the evidence. B. proof beyond a reasonable doubt. C. proof that is "more likely than not." D. proof beyond the presumption of innocence.

proof beyond a reasonable doubt.

The Fourth Amendment to the U.S. Constitution: A. protects persons against all searches and seizures. B. provides protection to places or items as to which the Court found no reasonable expectations of privacy such as open fields and personal bank records. C. provides protection to matters such as voluntary conversations between criminal defendants and government informants. D. protects persons against arbitrary and unreasonable governmental violations of their privacy rights.

protects persons against arbitrary and unreasonable governmental violations of their privacy rights.

Toybox, Inc., manufactures the Spintop, a toy that the company discovers can cause harm. Before anyone is injured, Anne, a pediatric nurse who has not purchased a Spintop, files a suit against Toybox, Inc. In seeking to have the suit dismissed, Toybox, Inc.'s, best argument is that Anne does not have: a. certiorari. b. jurisdiction. c. standing to sue. d. judicial review

standing to sue.

Richard is a state appeals court judge. In making judicial decisions, Richard issues rulings that are consistent with precedents established in similar cases within his jurisdiction. Richard is following the principle of: a. laches. b. stare decisis. c. constitutional constructionism.

stare decisis.

Bill likes to keep wild animals in his backyard. One day, one of those animals escapes and injures Bill's neighbor. Bill can be held liable for his neighbor's injures under which of the following theories?

strict liability

Contract Law

the body of law that governs contract enforcement -

Stan, a citizen of Iowa, files a lawsuit in an Iowa state trial court against Jalisco Farm Supply, a Texas company that sells supplies in Iowa. The court has original jurisdiction because a. the parties have diversity of citizenship. b. the court has concurrent jurisdiction. c. the court has venue. d. the case is being heard for the first time.

the case is being heard for the first time.

All of the cases that have been decided by U.S. judges, as well as by English judges prior to the American Revolution, constitute a body of law known as: a. the common law. b. the civil law. c. the law of equity. d. the statutory law.

the common law

When a court applies the exclusionary rule in a criminal case, it means that: A. the case will be dismissed. B. the defendant will be convicted. C. the evidence will not be admitted at trial. D. an arraignment will not take place.

the evidence will not be admitted at trial.

Arbitration

the process or act of resolving a dispute

A defendant who is negligent is not liable for the unlikely or unforeseeable harm that results. This rule is called: A. the proximate cause. B. the distal cause. C. the just cause. D. the "but for" rule.

the proximate cause.

patrical is based on

the requirements of society as a legal system the law has been devised to meet society's needs. one of these needs is that legal system

Homer's negligence caused an automobile accident with Bart. As a result of the collision, Bart's car collides with a telephone pole, causing it to fall. The falling pole then takes out some electrical power lines. The resulting power outage leaves Patty without any light in her apartment. As she fumbles in the darkness, she trips over her cat, falls, and is injured. Patty sues Homer. In order to avoid liability, Homer's best defense is that: A. there is no actual cause between the negligence and the injury. B. there is no proximate cause between the breach of duty and the injury. C. Bart's car was the one that collided with the telephone pole. D. the electrical power lines should not have fallen under the force of a car.

there is no proximate cause between the breach of duty and the injury.

John is arrested for DUI. John has the burden to prove his innocence.

true

Forum selection clauses designate the jurisdiction where a dispute will be litigated.

true??

Did the federal district court determine that it had personal jurisdiction over Wang Huoqing? yes or no

yes