bus law test 1!!!!

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

Andrew has committed Tort of intentional infliction of emotional distress against Catherine

Sarah shopper goes to Marlin's Department store to look for clothes. this store happens to be in the process of remodeling and there is a lot of clutter in the isle. Sarah trips over the clutter and breaks her leg. What standard of care does the store have toward Sarah under the circumstance?

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

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

Hal is guilty of slander

William, who is a waiter, is injured when an unopened bottle of cola explodes in his hand while he is putting it into the restaurant's cooler. The bottle came from a shipment that had remained under the counter for only a few hours after being delivered by the bottling company. If William wants to sue the bottling company:

He will probably win if the court allows him to use res ipsa loquitur

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

a client who has come to an accountant's office in a building which the accountant owns

If the judge denies a defendant's ____, then the defendant has the opportunity to present witnesses. However, if the judge grants the motion, then the defendant automatically wins the case and does not need to present any evidence.

motion for a directed verdict

when the plaintiff cannot cary his burden of proof at trial, the defendant may make a __ to the judge

motion for directed verdict

the Supreme Court interprets the commerce clause:

narrowly

the authority of a particular court to resolve a controversy of a particular kind is called

subject matter jurisdiction

contract law is formed by rules of ___ law

substantive

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

ten working days

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

It makes allowance for physical disability and It applies an individualized test to children that takes into consideration the child's age, intelligence, and experience

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

It was not foreseeable that the lawn mower would explode

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

Mark must help the girl if he begins to rescue her

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

venue

Defenses to an action in strict liability include:

voluntary assumption of risk and, in some states, comparative negligence.

procedural due process would require the gov to establish a set of fair procedures in all but what

when a student in a private college is denied a scholarship from donated private funds

In an article about the death of a local judge, a newspaper indicates the possibility that the judge may have had mafia connections. the judges family sues. the family:

will likely lose

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

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

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

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

Where there has been informal rulemaking or informal adjudication by an administrative agency and the decision by that agency is then appealed to the courts, the court will generally apply what test in reviewing factual determinations?

The arbitrary and capricious standard

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

Adam is not free to inflict intentional injury on a trespasser

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

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

in reviewing an agency action, which of the following is included in the question of law a court will consider?

All --> whether the agency violated any constitutional provision, acted contrary to the procedural requirements of the law, and exceeded its authority

arthor wrote a defamatory letter regarding Bill which he didn't show anyone, but posted it on a bulletin board at the laundromat.

Arthur committed the tort of Libel

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

Cal is not liable because the neighbor assumed the risk of damage to the feed by placing it so close to the fence.

while driving his car 5 miles over the speed limit, carl struck Darla, who was jaywalking across the street. when the case came to trial, the jury determined that car was 60% negligent and that dark was 40% negligent and that Darlas injuries are $10,000

Darla will recover $6,000

eminent domain clause requires just compensation:

If the government actually takes the property AND if the government regulates to such an extent that it deprives the owner of significant economic use of the property

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

Mindy crossed in the middle of the street, which is against the law

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

Neither Sam nor Jack is guilty of assault

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

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

Pat and Sally started a charcoal fire for Sally's backyard barbecue and left it uncovered. Then Sally went into the kitchen to make hamburger patties. While Sally was inside, Pat backed up to catch a football and hit the grill, knocking the coals onto his feet. In a pure comparative negligence state, who is liable?

Sally is liable for Pat's injuries in proportion to the degree of fault or negligence found against her.

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

Sarah is liable in negligence for the infection, because carl would not have been injured but for her dog

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

Tammy's parents are guilty of intrusion but not of false imprisonment

an administrative law judge for the federal trade commission decides a case against a retail store chain. the company then appeals the decision to the commission itself. which of the following is correct regarding the appeal of the case from the administrative law judge to the commission?

The commission may decide the case de novo

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

The consent is not valid because of the intentional actions of the Steeler's end.

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

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

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

Tim and his friends are guilty of the trespass to real, because they played ball in Harold's yard

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

Tim is engaged in an adult activity and will be held to the same standard as an adult

Agencies may deny access to which of the following types of records? a. Those related to national defense and specifically authorized to be kept secret b. Those relating to internal personnel rules c. Trade secrets d. All of the above.

all of the above

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

an interpretive rule

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

any state in which it has minimum contact

the state of Alabama passes a statute which requites the male heirs be preferred over female heirs in selecting an executor estate. Laura Lawyer would like to be the executor of her father's estate, but so would her 18 yr old brother who just flunked out of college. she challenges the provision as being a violation of the equal protection clause of the 14th amendment. the case is now under consideration by the U.S. Supreme Court. in deciding the constitutionality of the provision the court will:

apply the intermediate standard test

the president of the US has significant control over the administrative agencies in the executive branch. this control includes the power to:

appoint and remove their chief administrators

patricia plaintiff files a lawsuit against Donal defendant for breach of contract. this case is an

civil proceeding

the Staes may create legislation concerning a subject in which there is a federal statute if:

congress expressly grants that power to the state

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

constitutional law

the doctrine of state decisis means that:

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

A __ is any act or omission prohibited by public law in the interest of protection of the public and made punishable by the gov in a judicial proceeding brought by it

crime

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

criminal law

the term "minimum contacts" include within the definition

doing business by selling goods or shipping them from a point within the forum state AND a defendant's contacts with the forum state must be such that maintenance of the suit would seem reasonable, foreseeable, and fair to the defendant

According to the 10th amendment, any powers not delegated to the U.S., by the constitution, nor prohibited by it to the Staes, are reserved to the Staes respectively or to the people. this principle is:

federalism

because defamation involves a communication. the protection extended to speech by the __ amendment applies

first

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

he disagrees with the jury findings

Mark, a resident of Illinois, while driving on the freeway, hits Bill, a resident of Wisconsin, and totally destroys Bill's brand new vehicle. Bill may bring suit in federal district court:

if the amount in controversy is over $75,000

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

injury and causation

the contract clause prevents a state from:

interfering with contracts after they have been made

a star basketball player in the NBA:

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

best describes the treatment of "commercial Speech" under 1st amendment

it is protected but to a lessor degree than private speech

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

it is unlikely Arthur has the necessary intent to commit the tort

the hometown news snapped a picture of Tim teenage as he was sleeping under a tree in the park on a warm spring day. they printer the picture on the front page of the paper

it is unlikely that the hometown news is guilt of any tort

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

it relies heavily on the adversary method for settling disputes and it depends heavily on comprehensive legislative enactments called statutes

which of the following is not true of a suit brought under criminal law

it requires the defendant to testify

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

judge-made law, case law, common law

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

jurisdiction

administrative agencies perform what basic function?

law enforcement

When a trial is conducted with a jury, the judge determines issues of ____ and the jury determines questions of ____.

law, fact

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

libel

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

mediation

a __ is a non-trespassory invasion of another interest in the private use and enjoyment of land

nuisance

what is not true about the criminal system

only the state can Bring a criminal action

Appellate judges can reverse a decision of the trial court:

only where there was an error that prejudiced the decision

this is not included in the powers of the fed gov

power to grant gov contracts to minority corporations

defines the method by which to obtain a money remedy in court?

procedural law

patricia plaintiff files a lawsuit against Donald defendant for breach of contract. the law that governs how to suit proceeds through the court system is:

procedural law

the state of California files a lawsuit against Donald defendant for driving without a license and careless driving. this case is a:

procedural law case

the "discovery" stage of a trail includes

requests for admission, written interrogatories, and depositions (NOT counterclaims)

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

res ipsa loquitur

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

rulemaking

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

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

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

the consumer expectation test

the u.s. Supreme Court reviews most decisions of lower courts by:

the discretionary writ of certiorari

dr. David is a professor at ivory towers state university in Minnesota. one day he has an argument with the president of the university over which team would win the next super bowl. the next day, dr. David is fired for incompetence. he sues claiming the firing is arbitrary and tht he was denied an opportunity to respond to the charges.

the firing by a state university is state action involving a property right that would entitle dr. David to a hearing and an opportunity to reposed to the allegations against him

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

the motion for judgement not with standing the verdict

a photographer taking pictures of a movie star with a telephoto lens would not be guilty of intrusion if:

the movie star was in a restaurant at the time

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

the peremptory challenge stage

whatever powers aren't specifically assigned to the us by the constitution are reserved to

the state governments

John is a white Haitian who has obtained U.S. citizenship. State X passes a law that all Haitian-born citizens must submit to AIDS testing. The courts will review this law based on:

the strict scrutiny test

what is correct regarding the civil system

the system compensates with money or other forms of relief

Janet juror is called for jury duty and is selected for possible service on a jury. however, when the defendant's attorney sees her, he notices that she is wearing a green dress. both the defendant and the defendant's attorney hate green dresses, so they strike her name from the jury

this is a valid peremptory challenge