Flautt blaw test 2

An express termination of the agency relationship by the agent is called a renunciation.

True

The principal may be an individual or entity (such as a corporation), but the agent must be an individual.

False

Bryant is drunk and driving his car 20 miles over the speed limit. He hits Angelina, who is crossing the street against a red light. Angelina has over $95,000 in medical bills and has significant pain and suffering. If Angelina sues in a state that still follows the theory of contributory negligence, she will get nothing.

True

Which of the following is true of agency law? a. Agency law is primarily state statutory law. b. It only exists in employer-employee relationships. c. Only individuals can act as agents, corporations function exclusively as principals. d. In an agency relationship, the principal is under the charge of the agent.

Agency law is primarily state statutory law

The fact that the injury would not have occurred except for the breach of duty by the tortfeasor is called the a. cause in fact. b. misfeasance. c. proximate cause. d. nonfeasance.

Cause in fact

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. design c. manufacturing d. warranty

Design

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 liable for negligence because a tortfeasor is always liable for whatever damages their behavior causes. b. Dwight is not liable for negligence but is liable for assault and battery because he committed an intentional tort. c. Dwight is not liable for negligence because Stan knowingly assumed the risk that Dwight would hit a shot in his direction. d. Dwight is liable for negligence because Stan did not knowingly assume the risk that Dwight would hit a shot in his direction.

Dwight is liable for negligence because Stan did not knowingly assume the risk that Dwight would hit a shot in his direction

A party who is injured by another's negligence but is found to have committed comparative negligence will recover nothing.

False

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

A summons is a court order compelling a person to testify or produce evidence in his or her possession.

False

At trial, the judge decides the facts and the jury decides the law.

False

Diversity jurisdiction must be shown to bring an appeal in a state's highest court.

False

For the courts to allow a lawsuit to proceed, both the plaintiff and the defendant must be able to prove standing or the suit will be dismissed.

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

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

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

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

Diversity of citizenship jurisdiction involves a case a. in federal court with diverse legal theories and a controversy over $75,000. b. in federal court with diverse parties and a controversy over $75,000. c. in federal court only and the amount in controversy is irrelevant. d. in state court with diverse parties and a controversy over $75,000.

In a federal court with diverse parties and a controversy over $75,000

Which of the following best represents arbitration? a. Muhammad is an attorney representing a party. He agrees to a resolution of the matter in a conference with the opposing counsel. b. 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. c. Rhonda is a trial court judge who is hearing a case in a bench trial format. d. 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.

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.

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. indictment b. actus reus c. voir dire d. mens rea

Mens Rea

According to the text, the primary difference between intentional torts and negligence is the a. amount of the lawsuit. b. opinion of a third-party observer as to the reasonableness of the tortfeasor's conduct. c. mind-set of the tortfeasor. d. mind-set of the party that was harmed.

Mind set of the tortfeasor

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. Both the marijuana from her pocket and the marijuana in her dorm would be admissible at trial. b. 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. c. Neither the marijuana nor the cocaine would be admissible at trial. d. The cocaine in her pocket would be admissible at trial but not the marijuana in her dorm.

Neither the cocaine or marijuana would be admissible at trial

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. shredding her personal calendar and appointment book. b. changing some figures on documents used to support filed financial statements. c. refusing to answer questions and invoking the Fifth Amendment. d. ordering her secretary to lie if she is questioned.

Refusing to answer questions and invoking the fifth amendment

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? a. Shell will be required to reimburse Quintin because apparent authority gives him the right to buy fluid when needed. b. Shell is not required to reimburse Quintin unless he phoned in and asked for and was granted permission to purchase fluid. c. Shell is not required to reimburse Quintin unless he had been given the express written authority to purchase the fluid before starting the delivery. d. 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 for the cost of the fluid based on the implied authority stemming from his express authority to drive the truck

When a principal breaches a duty to an agent a. it terminates the agency by destruction of the essential subject matter of the relationship. b.the agent generally has the right to recover damages in court. c. the agent has no legal rights except to terminate the agency relationship. d. it terminates the agency relationship by expiration.

The agent generally has the right to recover damages in court

Venue is a. the determination of whether the case is to be held in federal or state court. b. the court's authority over the parties to the dispute. c. the court's authority to decide a case based on the subject matter of the dispute. d. the determination of the most appropriate location for the dispute.

The determination of the most appropriate location for the dispute

Which of the following statements is true? a. State and federal criminal law may not coexist due to federal preemption limitations. b. State criminal statutes and federal criminal statutes may not outlaw identical or substantially identical conduct. c. All U.S. states have adopted the Model Penal Code in whole or in part. d. There are no federal common law crimes.

There are no federal common law crimes

A state probate court, which hears only wills and estates matters, is generally described as having limited authority or jurisdiction.

True

A court may exercise personal jurisdiction over a business entity.

True

A potential juror who worked with a litigant may likely be disqualified as a juror based on a challenge for cause.

True

A state court may not unilaterally declare or decide that the proper venue for a case should be in another state.

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

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

Not all courts have the authority to hear all cases.

True

Which of the following is true of the U.S. court system? a. Federal appellate courts set precedent, while state court decisions are only binding on the parties to the case. b. U.S. Supreme Court appellate review is discretionary. c. All of the answer choices are correct. d. The U.S. Supreme Court is constitutionally mandated to be nine justices.

U.S. Supreme Court appellate review is discretionary

Which of the following circumstances involves a remand? a. Phil, a state trial court judge, decides a case in a matter in which there is no jury. b. Esther, federal district court judge, follows precedent from a previous U.S. Supreme Court decision and decides the case in favor of the plaintiff. 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. 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.

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.

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? a. Mini-trial b. Mediation c. All of the answer choices would provide Aude the right to later have his case heard in court. d. Nonbinding arbitration

all of the answer choices would provide aude the right to later have his case heard in court

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 diversity of citizenship, personal, and original. c. based on subject matter, personal, and original. d. based on subject matter, diverse, and original.

based on subject matter, personal, and original

Dixon is on trial for embezzlement, a crime. For her to be proven guilty, her guilt must be proved a. by a reasonable preponderance of the evidence. b. beyond a reasonable doubt. c. by a preponderance of the evidence. d. beyond a preponderance of the evidence.

beyond a reasonable doubt

Dravon agreed by contract to be an agent employee for Imagine Corporation. This is known in agency law as a. ratification b. manifestation c. consent d. disclosure

consent

Which of the following statements is true? a. The options available to business owners in the dispute resolution process have diminished significantly in recent years. b. Dispute resolution is a purely technical and legal matter that should best be left to the sole discretion of attorneys. c. All of the answer choices are correct. d. Dispute resolution requires a cost-benefit analysis.

dispute resolution requires a cost benefit analysis

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? a. BBHS is not liable because Elizabeth was on a frolic. b. Elizabeth was on a detour, so BBHS is liable. c. Elizabeth was on a frolic, so BBHS is liable. d. BBHS is not liable because Elizabeth was on a detour.

elizabeth was on a detour so BBHS is liable

Brian hired Craig to negotiate a deal with Rudy. Brian instructs Craig that while he is in Rudy's office, should he be able to steal the Johnson file, he is to do so. If Craig has the opportunity to steal the file but fails to do so, he is in violation of his duty of obedience and obligation to follow his principal's instructions. T/F

false

If a jury acquits the defendant at the end of a trial, the prosecutor may retry the defendant on the same charges without violating the defendant's double-jeopardy protection under the Constitution.

false

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. negligence. b. warranty. c. immunity. d. strict liability.

immunity

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: ______________________. a. negotiator b. All of the answer choices are correct. c. mediator d. arbitrator

mediator

A misdemeanor is punishable by a. civil penalties or criminal fines only. b. one year or less of incarceration. c. one year or more incarceration. d. six months to one year of incarceration.

one year or less of incarceration

In an agency relationship, the agent owes each of the following duties to the principal except a duty of a. accounting. b. care. c. preparation. d. loyalty.

preparation

Mediation differs from arbitration in which of the following ways? a. A mediator makes a final decision in a matter, an arbitrator does not. b. The mediator has the right of cross examination, while cross examination does not occur in an arbitration hearing. c. Mediation is sometimes required by statute, arbitration is never required by statute and is always voluntary. d. 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.

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.

A person cannot be guilty of negligence if he or she has no duty owed to the plaintiff.

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

The Model Penal Code has been adopted by approximately two-thirds of the states.

true