CHAPS 1-7 HM & QUIZES

Congress passes a law prohibiting cigars made in Cuba from being sold in the United States. The Florida state legislature then passes a law allowing the sale of Cuban cigars in Florida. If the constitutionality of the Florida law is challenged in court, it will most likely be: a. struck down on the basis of the supremacy clause. b. struck down on the basis of the due process clause. c. upheld unless Congress expressly prohibits states from enacting laws regarding cigars. d. upheld on the basis of the supremacy clause.

a. struck down on the basis of the supremacy clause

Charles loses his breach-of-contract case against Micheletta in a Georgia state trial court. Charles appeals to the state court of appeals. Losing again, he files his next appeal with: a. the Georgia Supreme Court. b. a U.S. Circuit Court of Appeals. c. a U.S. district court. d. the United States Supreme Court.

a. the Georgia Supreme Court

A state legislature passes a statute prohibiting businesses from supporting any political candidate. If some business owners challenge the constitutionality of the law in court, will the law be upheld? a. No, because the business owners' privileges and immunities have been violated. b. Yes, because the law only prohibits political speech by businesses, not by individual citizens. c. No, because the law is an unconstitutional restriction on free speech. d. Yes, because political speech is restricted if "constitutionally permissible."

c. No, because the law is an unconstitutional restriction on free speech

Jackson, a homeowner, files a lawsuit against Michael, 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. a summary jury trial. b. arbitrability. c. negotiation. d. early neutral case evaluation.

c. negotiation

Tina decides to take her claim against her Internet service provider to FairDeal.com, a private, online dispute resolution provider. This limits her access to the court system: a. only as to this claim. b. entirely, as to this and all other claims against her Internet service provider. c. not at all. d. for a period of sixty days.

c. not at all

While Jessica, Ashley, and Bryan are snowboarding, they ignore warning signs indicating that they have left the marked trail and are entering dangerous territory where they become lost. While climbing the mountain as part of the rescue effort, a snowplow accidentally cuts a nearby town's main electrical cable. Due to the loss of her electric heat, Ethel, an elderly woman, dies of hypothermia. The boarders' negligence in ignoring the warning signs is: a. the causation in fact, but not the proximate cause, of Ethel's death. b. the proximate cause of Ethel's death. c. the superseding cause of Ethel's death. d. not the cause of Ethel's death.

a. the causation in fact, but not the proximate cause, of Ethel's death

The upper-level management of Nationwide Sales Corporation wants to fire Andy because he is a nonproductive employee. Using a utilitarian approach to business ethics, management would probably consider: a. the costs and benefits of retaining a nonproductive employee. b. how all other employees in the company would feel about Andy's firing. c. Andy's fundamental rights. d. how Andy and his family might suffer if Andy were to lose his job.

a. the costs and benefits of retaining a nonproductive employee

Maya prevails in her lawsuit against Anthony. Anthony can satisfy the judgment by: a. transferring property he owns directly to Maya or selling property he owns and using the proceeds to pay her. b. all of these choices are valid ways of satisfying the judgment. c. naming Maya as the beneficiary on a life insurance policy equal to the value of the judgment. d. cosigning a loan on behalf of Maya for at least the value of the judgment.

a. transferring property he owns directly to Maya or selling property he owns and using the proceeds to pay her

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. injunction. b. damages. c. specific performance. d. rescission.

b. 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. cross-examination. b. direct examination. c. interrogation. d. a request for admissions.

b. direct examination

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

b. for a new trial

Ginger is a retired school teacher who makes baked goods in her spare time. She occasionally delivers a batch of her cookies to the neighborhood restaurant to be sold at the cash register. One of her batches of cookies causes more than twenty people to become extremely sick with food poisoning. Which of the following statements is applicable? a. Ginger can be sued under the strict product liability theory of product liability. b. Ginger can be sued under the negligence theory of product liability. c. Ginger cannot be sued under the theory of product liability. d. Ginger can be sued under the manufacturing defect theory of product liability.

c. Ginger cannot be sued under the theory of product liability

When a judge uses legal encyclopedias, law review articles, and Restatements to guide a decision, that judge is using: a. secondary sources of law. b. ineffective sources of law. c. constitutional law. d. primary sources of law.

a. secondary sources of law

Bob, a guest at a hotel, reached into the front seat of the hotel limousine to get his briefcase. He supported himself by placing his left hand on the center pillar to which the rear door was hinged. A hotel employee closed the rear door, smashing Bob's hand. A part of Bob's left index finger later had to be amputated. Bob filed a negligence lawsuit against the hotel in a state that adopted a "pure" form of comparative negligence. In this case, the court most likely would find that: a. Bob contributed to his injury and apportion his damages. b. Bob did not contribute to his injury and award him full damages. c. Bob contributed to his injury and award him nothing in damages. d. Bob did not contribute to his injury and apportion his damages.

a. Bob contributed to his injury and apportion his damages

John becomes seriously ill while vacationing at a remote island resort. Dr. Smith is vacationing at the same resort. Because it is an emergency and no one else is available, the doctor treats John until he can be flown to the mainland. John's illness is outside of Dr. Smith's area of expertise, and the treatment she provides causes permanent damage to Frank. If John sues Dr. Smith, she can defend herself under: a. Good Samaritan statutes. b. dram shop acts. c. the "danger invites rescue" doctrine. d. the theory of res ipsa loquitur.

a. Good Samaritan statutes

Gamma corporation, an American company, signs a contract with Theta corporation, a company from another nation, where Theta will provide Gamma with certain raw materials. Because of the economy in its nation, there are many more people looking for jobs than there are jobs available. Theta hires employees at extremely low wages and does not maintain facilities up to American standards. Newspapers accuse Gamma of engaging in unethical behavior. Is Gamma's behavior ethical? a. No, because Gamma has an ethical obligation to make sure that people who work for the company, either directly or indirectly, are being treated fairly. b. No, because Gamma has a legal and ethical duty to make sure that foreign suppliers maintain working conditions that meet or exceed American standards. c. Yes, because it is good business to maximize profits and those foreign citizens are better off with a job than without one. d. Yes, because Gamma cannot be expected to investigate and oversee all of its suppliers and Gamma is not doing anything wrong.

a. No, because Gamma has an ethical obligation to make sure that people who work for the company, either directly or indirectly, are being treated fairly

Elaine is involved in a car accident in which the other driver ran a red light. To determine whether she has a case, her attorney would apply which of the following classifications of law? a. Substantive law b. Administrative law c. Procedural law d. Cyberlaw

a. Substantive law

The FBI has an open criminal investigation regarding potential terrorist activities in the U.S. The agency wants to gain access to personal information through Internet activities of certain individuals. Congress has passed which of the following acts that allows the FBI to access this kind of information? a. The Patriot Act b. The Freedom of Information Act c. HIPAA d. Privacy Act

a. The Patriot Act

Rupert and Cordelia own an American company that does business in foreign nations. Getting a license in a new country can be challenging. As they try to enter into business in a new country, Rupert fills out the license paperwork and takes it to the correct office. There, he pays the front-desk person $100 to process the paperwork, as is the custom in that country. Cordelia, who has connections in that country, schedules an appointment with the minister of commerce, who has the authority to determine which foreign companies get licenses, and pays him $200 to approve their license. Which payment(s) likely violated the Foreign Corrupt Practices Act? a. The payment made by Cordelia but not the payment made by Rupert. b. The payment made by Rupert but not the payment made by Cordelia. c. Neither payment violated the FCPA. d. The payments made by both Rupert and Cordelia.

a. The payment made by Cordelia but not the payment made by Rupert

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 motion for summary judgment. c. a motion for judgment n.o.v. d. a statement indicating the key evidence behind the suit.

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

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. an ordinance. b. a uniform law. c. an administrative rule. d. a citation.

a. an ordinance

Robert, who lives in Ohio, files a lawsuit against Trading Post, a Washington company, in an Ohio state court. The Trading Post's only sales activity outside the state of Washington occurs via its Web site. According to the sliding-scale standard, the Ohio court can always exercise personal jurisdiction over out-of-state defendants based on Internet transactions if the court finds that the defendant has: a. conducted substantial business with Ohio residents through its Web site. b. received a national trademark and domain name for its Web site. c. a commercial cyber presence. d. interacted with at least three Ohio residents through its Web site.

a. conducted substantial business with Ohio residents through its Web site

Congress passes a law that regulates the amount of lettuce that can be grown on a farm. Milton is a farmer who grows lettuce. He grows more lettuce than is allowed under the new law and is fined. He sues to have the law declared unconstitutional, arguing that he grew the allowed amount for sale and then grew some extra for his family to use in personal consumption. The federal courts are likely to: a. declare the law constitutional because Milton's actions substantially affect interstate commerce. b. declare the law constitutional because Milton's actions impact interstate commerce in a small way. c. declare the law unconstitutional because Milton's actions do not impact interstate commerce in any way. d. declare the law unconstitutional because Milton's actions are solely intrastate.

a. declare the law constitutional because Milton's actions substantially affect interstate commerce

Mason brought a civil rights action against his employer, the New York Department of Mental Hygiene, after it failed to promote him. His complaint stated that the department had discriminated against him by denying him "the authority, salary, and privileges commensurate with this position." The department filed a motion to dismiss for failure to state a claim for which relief could be granted. The court probably: a. dismissed the case because the complaint did not state a claim. b. refused to dismiss the case because Mason had standing to sue. c. dismissed the case because it lacked venue. d. refused to dismiss the case because the complaint did state a claim.

a. dismissed the case because the complaint did not state a claim

Duane and Elizabeth start a business manufacturing pencil and pen holders out of recycled materials. They draft a mission statement where they declare that they are committed to environmentalism and to using their profits to improve the quality of life of the homeless. The declaration of beliefs in a mission statement is most often associated with: a. duty-based ethics. b. utilitarian ethics. c. cost-benefit analyses. d. outcome-based ethics.

a. duty-based ethics

Mel sent Jasper an e-mail message telling Jasper that his wife had been killed in a car accident, and Mel knew this was untrue. Jasper may be able to successfully sue Mel for: a. infliction of emotional distress. b. battery. c. violations of the First Amendment. d. libel.

a. infliction of emotional distress

If a plaintiff waited to bring a lawsuit for several years, and in those years witnesses died and evidence was lost or destroyed, one equitable defense that the defendant may have is called: a. laches. b. ripeness. c. ineffective evidence. d. equitable maxim.

a. laches

Dominic sues Gemalt, Inc. for negligence. At trial, Dominic testifies that he heard Francis, a manager at Gemalt, say that he thought Gemalt was acting carelessly. Dominic's testimony about Francis will most likely be: a. not admitted as evidence because it is hearsay. b. admitted as evidence because it is the testimony of the plaintiff. c. not admitted as evidence because it is not relevant to the issues. d. admitted as evidence because the jury is able to evaluate all evidence witnesses wish to present.

a. not admitted as evidence because it is hearsay

Cal-Ban 3000 was a weight-loss drug made by Health Care, a Florida corporation. Tart, a citizen of North Carolina, read ads for the product in a newspaper and bought Cal-Ban in North Carolina from a local pharmacy. Within a week of taking the supplement, Tart suffered a ruptured colon. Alleging that the injury was caused by Cal-Ban, Tart sued Health Care in a North Carolina state court. Health Care asked the court to dismiss the case, arguing that the North Carolina court could not exercise personal jurisdiction over Health Care. The court most likely: a. refused to dismiss the case, because the defendant had placed the product in the stream of commerce in North Carolina and was subject to being sued in North Carolina. b. refused to dismiss the case, because it was not fair to make Tart travel to Florida for trial. c. dismissed the case because North Carolina did not have personal jurisdiction over the defendant, so Tart would have to sue in the Florida courts. d. dismissed the case because the dispute should be tried in a federal court, given that the defendant and the plaintiff were from different states.

a. refused to dismiss the case, because the defendant had placed the product in the stream of commerce in North Carolina and was subject to being sued in North Carolina

The Iowa legislature passed a law banning trucks 65 feet long or longer from operating on its roads and highways because big trucks do more damage to roads than smaller trucks and are involved in more serious accidents. Prior to the ban, Consolidated Freightways (CF) had driven big trucks through Iowa on a regular basis, and these trucks were legal in other states. Switching to smaller trucks for trips through Iowa was inconvenient and costly. CF filed a lawsuit contending that the statute was unconstitutional. The United States Supreme Court most likely found that the Iowa statute was: a. unconstitutional under the "dormant" commerce clause. b. unconstitutional under the supremacy clause. c. constitutional because Iowa had a compelling state interest in passing the law. d. unconstitutional under the privileges and immunities clause.

a. unconstitutional under the "dormant" commerce clause

James worked for a corporation that measured its success in terms of short-term profits. James truly believed that the company could be a better company, and make more money, if it changed its strategy to focus on being a good citizen and by giving back to the community. These beliefs likely: a. would result in a long term benefit to the company and an increase in long term profits. b. would result in reliance by the community on the generosity of the company and result in hard feelings if the company ever decreases its giving. c. would result in illegal activities as companies are legally required to maximize short term profits. d. would result in the bankruptcy of the company, as investors only select companies that will maximize their short term dividends.

a. would result in a long term benefit to the company and an increase in long term profits

The members of the City High soccer team have been training with Hanson, a personal trainer who charges by the hour, for several years. Bob, the soccer coach, tells the team members that they must now train with Martin, not Hanson, or they will be kicked off the team. All of Hanson's clients immediately stop training with Hanson. Bob is most likely to have committed: a. wrongful interference with a business relationship. b. no tort. c. slander. d. conversion.

a. wrongful interference with a business relationship

Assume that Congress passes a law establishing a new administrative agency to oversee cyberlaw issues. The agency writes rules to enable it to carry out its duties. The rules written by the agency will be known as a part of:

administrative law

Patrick, the human resources manager at Acme Company, must decide how to cut personnel costs. This decision will harm employees who are laid off or fired. Patrick must balance the interests of employees who have been loyal to the firm for a long time against the interests of: a. Acme's competitors. b. Acme's shareholders. c. the state courts. d. the city council.

b. Acme's shareholders

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. Contingency fee c. Fixed fee d. Administrative fee

b. Contingency fee

Tyler believes that some laws passed by his state's legislature are improper, and he refuses to comply with them. He believes that there is a universal law above all others that grants rights to all people. Which school of jurisprudential thought does Tyler subscribe to? a. The positivist school b. The natural law school c. The school of legal realism d. The historical school

b. The natural law school

Emily, while driving a car manufactured by Toyosan, suffered a side impact collision from another driver. Despite the fact that Toyosan's air bag deployed, Emily hit her head against the steering wheel, causing damage to her face and teeth. If Emily sued Toyosan for strict product liability, the court would likely conclude that: a. Emily was comparatively negligent for her own injuries. b. Toyosan's air bag was defective because it did not meet the expectations of a reasonable consumer. c. Emily misused the product in driving the car, causing her injuries regardless of any defect in the air bag. d. Toyosan's air bag did not have a defective product design, and it deployed exactly as expected.

b. Toyosan's air bag was defective because it did not meet the expectations of a reasonable consumer

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

b. a motion for judgment on the pleadings

The city of Trenton, New Jersey, passed an ordinance making it unlawful to use any form of sound amplification on the city streets. Keller mounted a speaker on a truck. Through the speaker, he played music and spoke on a microphone while driving on city streets. Keller was convicted and fined $50. He appealed, arguing that the ordinance violated his rights of free speech and free assembly. The city claimed that the ordinance served a legitimate governmental function in keeping the city streets safe and orderly, and did not prohibit or unduly restrict any particular speech. The court probably found that the ordinance was: a. unconstitutional as an unreasonable restriction on fundamental rights. b. constitutional as a reasonable restriction on fundamental rights. c. constitutional under the establishment clause. d. unconstitutional under the equal protection clause.

b. constitutional as a reasonable restriction on fundamental rights

Jason is rushed to State General Hospital after a severe car accident. Brenda, a skilled emergency physician, rushes to Jason's aid. She immediately applies the latest knowledge in medical care and makes repeated attempts to alleviate Jason's injuries. After three hours of efforts by Brenda and her staff, Jason dies from his injuries. Jason's estate sues Brenda for negligence. Jason's estate will most likely: a. not prove negligence because Brenda had no duty of care to Jason. b. not prove negligence because Brenda exercised a standard level of professional knowledge and ability in treating Jason. c. prove negligence because Brenda possessed superior knowledge as a physician. d. prove negligence because Jason died at the hospital.

b. not prove negligence because Brenda exercised a standard level of professional knowledge and ability in treating Jason

Most appellate court judges write opinions in which they give the reasons for their decisions. These opinions are collected and published in volumes of books known as: a. law journals. b. reporters. c. case citations. d. the United States Code.

b. reporters

Cory opens a small jewelry store but has difficulty competing with Bling Jewels, a much larger firm. In his newspaper ad, Cory includes the false statement, "Bling Jewels sells stolen diamonds." Bling experiences an immediate decrease in sales. Cory has most likely committed the tort of: a. wrongful interference with a contractual relationship. b. slander of title. c. malice. d. slander of quality.

b. slander of title

Modern Railways Co. operates a cargo railroad service between New York and Boston. A train owned by Modern Railways derails due to a maintenance problem. The train collides with a delivery truck owned by CraftCo, shattering $100,000 worth of porcelain inside. If CraftCo sues Modern Railways Co. for negligence, CraftCo may be able to recover: a. general damages. b. special damages. c. punitive damages. d. singular damages.

b. special damages

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

b. standing to sue

A case on the subject of free speech on the Internet comes before a Wisconsin state trial court. It is a case of first impression, which means that no case involving the same issue has been decided by the Wisconsin courts. In deciding such a case, it would be considered the least proper for the judge to consider: a. cases from other jurisdictions. b. survey data from the local community. c. social values and customs. d. public policy.

b. survey data from the local community

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 court has venue. b. the case is being heard for the first time. c. the court has concurrent jurisdiction. d. the parties have diversity of citizenship.

b. the case is being heard for the first time

Marco files a lawsuit against Allied Company in an Oregon court with limited jurisdiction. The difference between general and limited jurisdiction is based on: a. how many defendants are named in the lawsuit. b. the subject matter of the cases that the court can decide. c. whether a case is brought by an individual or a business. d. whether the court is exercising in personam or in rem jurisdiction.

b. the subject matter of the cases that the court can decide

Abigail takes Julie's laptop without her permission, and when she returns it a week later, it is obvious it has been damaged. Abigail has probably committed the tort of: a. slander of title. b. trespass to personal property. c. disparagement of property. d. trespass to land.

b. trespass to personal property

Jane Sanderson worked in a travel-service office and had access to the reservation systems of several airlines. She accessed the system and replaced the names of passengers with fictitious names. She also enrolled the fake names in the airlines' frequent-flyer programs. Her husband set up mailboxes under those names for the delivery of free airline tickets "earned" under the frequent-flyer programs. Real passengers were not harmed by and did not complain of the deception. The Sandersons' behavior was: a. ethical, because the other passengers did not suffer monetary damages. b. unethical and illegal, because their actions constituted theft from the airlines. c. ethical, because no passengers complained. d. unethical but legal.

b. unethical and illegal, because their actions constituted theft from the airlines

Bernard is the owner and manager of a small auto-parts store. He thinks that talking about business ethics with employees takes time that would be better spent paying attention to customers. He also does not believe that he has a right to tell other people how they should behave. Is Bernard likely to create an ethical workplace with this way of thinking? Why or why not? a. Bernard's attitude will have no particular effect on workplace ethics, because ethics is strictly a private matter best left to individual employees. b. Bernard is unlikely to create an ethical workplace and so is likely to get into legal trouble, because business laws require him to compel his employees to follow an ethical code. c. Bernard is unlikely to create an ethical workplace, because the attitude of top management influences employee ethics. d. Bernard's attitude will have no particular effect on workplace ethics, because management has no ability to affect employee behavior.

c. Bernard is unlikely to create an ethical workplace, because the attitude of top management influences employee ethics

United Tires uses a faulty design in designing its tires that causes them to blow out after 50,000 miles. Jessa is injured when her right-rear tire incurs a blowout. She can sue United Tires under which of the following theories of strict liability? a. Unreasonably dangerous product b. Manufacturing defect c. Design defect d. Market-share liability

c. Design defect

The state of Nevada passes legislation that bans speakers from hallways in academic buildings on university campuses in order to preserve the quiet that students need to study effectively and to ensure that pedestrian traffic is not blocked. Luis challenges the law as a violation of his rights to free speech. Will Luis win his suit? a. No, because the right to free speech is part of the Bill of Rights which applies only to the federal government. b. Yes, because the right to free speech applies to both the federal government and to the states under the due process clause of the Fourteenth Amendment. c. No, because the right to free speech allows for a reasonable regulation of time, place, and manner so long as the regulation is content neutral. d. Yes, because the right to free speech is absolute.

c. No, because the right to free speech allows for a reasonable regulation of time, place, and manner so long as the regulation is content neutral

Mary is a line cook at a restaurant and unknowingly has a highly contagious disease, "Syfoid." She hasn't shown any symptoms herself, but she has passed it through the food she handles to several customers who later died. The Center for Disease Control (CDC) traced the disease back to Mary and order her to "appear for testing and treatment as well as to cease all handling of food." When Mary refuses, the CDC and law enforcement arrive at her home and forcibly take her to a hospital where she is quarantined though she was not charged with any crime. Several months later Mary has still not been released from quarantine because she is still communicable, however, she has never been provided an opportunity to contest her quarantine. In the meantime, Mary lost her job. Has any of Mary's fundamental rights been violated? a. No, because she has not been charged with any crime. b. Yes, the government violated her right to equal protection. c. Possibly, because she was deprived of her liberty without due process. d. No, because she is a threat to the health and safety of the community.

c. Possibly, because she was deprived of her liberty without due process

A 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. modify trial court findings of fact. b. remand the case for new trial. c. affirm trial court findings of fact. d. reverse the trial court decision.

c. affirm trial court findings of fact

Monroe is reviewing an appellate case for class and must correctly identify the parties to the case. The party appealing the case is known as the: a. respondent. b. defendant. c. appellant. d. appellee.

c. appellant

Mark is a famous syndicated radio personality for TalkRadio. He has a distinctive voice and manner of speaking. MoreTalk hires Gordon, who sounds nearly identical to Mark, to host a competing show. MoreTalk encourages Gordon to imitate Mark as closely as possible while on the air. MoreTalk is most likely to be liable for: a. conversion. b. defamation. c. appropriation. d. wrongful interference with a business relationship.

c. appropriation

Regan owns and manages The Coffee Shoppe. She likes to experiment with different management styles and life philosophies. She recently studied Kantian ethics and asks her employees to begin following Kant's categorical imperative at work. This means that the employees should: a. consider or weigh all of the costs and all of the benefits of their actions before making decisions. b. treat others as they wish to be treated. c. consider their actions in light of the consequences if everyone in society acted the same way. d. follow all city ordinances and state and federal law, and no more.

c. consider their actions in light of the consequences if everyone in society acted the same way

Ted is running down the sidewalk at a high rate of speed and bumps into Robin, knocking her down. She jumps back up and continues on. In a negligence action, all of the following elements would be met except: a. causation. b. duty. c. damages. d. breach.

c. damages

Ethan is larger and stronger than Nate. Ethan threatens to beat Nate, punches Nate in the face, and knocks out Nate's tooth. Nate may bring a lawsuit against Ethan: a. for assault only. b. only if Nate can prove Ethan's motive. c. for assault and battery. d. for battery only.

c. for assault and battery

Carl sues Goldman Manufacturing, alleging he suffered injuries as a result of a design defect in Goldman's food processor. To prevail in this lawsuit, Carl must show that Goldman Manufacturing: a. failed to adequately warn him of the danger of harm. b. met the relevant statute of limitations or repose. c. had a reasonable alternative design available, which it failed to use. d. met his consumer expectations and that his injury was unintended.

c. had a reasonable alternative design available, which it failed to use

While hospitalized at the Washoe Medical Center, Swisher fell out of bed and died. Her family sued Washoe. Judges are required to remain impartial and to provide a courtroom that promotes order and decorum. During voir dire at the trial, when the plaintiff's attorney arrived late after a break, the trial judge led the prospective jurors in a standing ovation. The judge joked with one juror whom he had known in college and endorsed another juror's business. The judge's comments were made in the presence of the plaintiff and the defendant, their attorneys, and all prospective jurors. The jury found for Washoe. The plaintiff moved for a new trial, but the judge denied the motion. The plaintiff appealed, arguing that the tone set by the judge prejudiced the plaintiff's right to a fair trial and violated Nevada's Code of Judicial Conduct, which requires judicial neutrality. The appellate court most likely: a. held that the Nevada judicial code did not apply and refused to order a new trial. b. held that the plaintiff's attorney should have filed a motion for judgment on the pleadings. c. held that the Nevada judicial code applied and ordered a new trial. d. held the Nevada judicial code unconstitutional.

c. held that the Nevada judicial code applied and ordered a new trial

John is a resident of Iowa. While driving through California, he is in 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 rem jurisdiction. c. in personam jurisdiction. d. no jurisdiction.

c. in personam jurisdiction

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 determine the appropriate number of jurors. b. the attorneys view and discuss pretrial documents obtained during discovery. c. jurors are picked from a jury pool. d. the bailiff organizes the courtroom so that the trial can proceed in a proper fashion.

c. jurors are picked from a jury pool

Wilhelm has an argument with his apartment roommate, Arthur. Wilhelm tells Arthur that if he leaves their apartment, Wilhelm will lock Arthur in his room when he returns. Arthur, frustrated with Wilhelm, leaves the apartment to take a walk. If Arthur were to sue Wilhelm for false imprisonment, Arthur would most likely: a. be successful because Wilhelm committed false imprisonment. b. not be successful because Wilhelm is his roommate. c. not be successful because threats of future harm do not constitute false imprisonment. d. be successful because Arthur suffered emotional distress.

c. not be successful because threats of future harm do not constitute false imprisonment

Adam sells audio and video equipment. He tells a customer, Abbey, "This MP3 player is the best one ever made." Adam's statement is: a. appropriation. b. fact. c. puffery. d. fraudulent misrepresentation.

c. puffery

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

c. stare decisis.

Ocean City passes an ordinance that prohibits all churches from meeting within its city limits. This rule affects the residents' constitutional right to: a. procedural due process. b. full faith and credit. c. substantive due process. d. interstate commerce.

c. substantive due process

Chie runs a business and is committed to the triple bottom line. This means that she is concerned with: a. income from online sales, income from in person sales, and income from investments. b. the business profits, then her personal income from the business, and then the tax she pays on that income. c. the impact of the company's decisions on its profits, its people, and the planet. d. profits at the end of each 4 months or the three bottom lines each year.

c. the impact of the company's decisions on its profits, its people, and the planet

A Minnesota statute required all operators of slow-moving vehicles to display a fluorescent red triangular sign. Henderson, an adherent of the Amish religion, was charged with violating the statute. His defense was that the law violated his First Amendment right to freedom of religion because displaying "loud" colors on his slow-moving black buggy conflicted with his religious belief that he should remain separate from the modern world. Henderson stated that he was willing to display the sign if he could use silver, instead of red, reflective tape, which was equally effective. The state argued that the law applied to all, equally. The court most likely found that the statute, as it applied to Henderson, was: a. constitutional under the safety clause. b. unconstitutional under the due process clause. c. unconstitutional under the free exercise clause. d. constitutional under the free exercise clause.

c. unconstitutional under the free exercise clause

Baylee is driving her friend Sarah to the movies. Baylee loses control of the car and crashes into a fence. The vehicle's airbags deploy, and both Sarah and Baylee are shaken up, but not physically injured. Sarah threatens to sue Baylee for negligence. Sarah's lawsuit is likely to be: a. successful, because Baylee was negligent. b. unsuccessful, because Sarah was also negligent. c. unsuccessful, because Sarah was not injured. d. successful, because Baylee owed Sarah a duty of care.

c. unsuccessful, because Sarah was not injured

Marshall is working on a contract with a U.S. company involving the manufacturing of goods in China, and wants to ensure that U.S. law applies in the event of a dispute. He should include which of the following clauses in the contract? a. International treaty clause. b. Forum selection clause. c. Arbitration clause. d. Choice of law clause.

d. Choice of law clause

Stewart, a construction worker, fell from a beam and suffered serious injuries. He sued his employer, Sunrise Construction, for damages. In most jurisdictions, a court will first impose lighter sanctions but eventually will dismiss a case if a party shows blatant disregard for court orders. Over six years of pretrial motions, Stewart was repeatedly asked to provide the names of expert witnesses he intended to call for his case. Sunrise filed motions three times asking the court to compel Stewart to answer the questions. The trial court entered three orders to compel Stewart to answer and four orders allowing him extra time to answer. Stewart did not respond. Sunrise filed a motion to dismiss because of Stewart's failure to comply with the orders. What would the court most likely do? a. Refuse to dismiss the case because Sunrise had no right to Stewart's medical records. b. Refuse to dismiss the case because Stewart's injuries were severe, which means he must be given the chance to litigate. c. Dismiss the case even though Stewart had a good reason not to provide Sunrise with the information. d. Dismiss the case because of Stewart's refusal to provide information to Sunrise.

d. Dismiss the case because of Stewart's refusal to provide information to Sunrise

In 1961, the Executive Director of the Planned Parenthood League of Connecticut was arrested and convicted of providing contraceptive information and materials to married people in violation of state law. The director appealed her conviction and the United States Supreme Court found that the law violated a constitutional right to privacy. The Constitution never mentions privacy, but the justices found that the right is embedded in several amendments. Which of the following is NOT one of those amendments? a. Fifth b. Third c. First d. Eighth

d. Eighth

Orson takes Harrison's car without Harrison's permission and without just cause. Orson has probably committed the tort of conversion unless he can show that: a. the car was worth less than $500. b. he returned the car undamaged within 24 hours. c. he mistakenly believed he owned the car. d. Harrison does not really own the car.

d. Harrison does not really own the car

Marshall owns and operates a construction firm. He uses inexpensive and low-grade building products and accepts inferior carpentry work from his subcontractors. Nevertheless, Marshall complies with all the city building codes as well as all state and federal laws. Has he fulfilled all of his ethical obligations? a. Yes, because ethical obligations require only legal behavior. b. Yes, because legal standards are stricter than ethical standards. c. No, because ethics is too hard to define. d. No, because legal compliance is regarded as the moral minimum.

d. No, because legal compliance is regarded as the moral minimum

The state of Michigan was in an economic crisis. The governor and legislature asked Congress to exempt Michigan's citizens from their federal tax burden for two years. Does Congress have the authority to make the exemption? a. Yes, the privileges and immunities clause allows Congress to grant privileges to certain states. b. Yes, Congress has taxing and spending power to use as it wishes. c. No, the commerce clause does not allow different rules for different states. d. No, the taxing and spending clause requires that taxes be imposed uniformly throughout the United States.

d. No, the taxing and spending clause requires that taxes be imposed uniformly throughout the United States

Stephanie stands in front of her home with a bullhorn shouting that her new neighbor, Kyle, has just been released from prison for child molestation. Stephanie knows this statement is false. Under what legal theory may Kyle recover damages from Stephanie? a. Fraud b. Appropriation c. Libel d. Slander per se

d. Slander per se

The town of Rock River decides to put a new road through the middle of town to increase tourist traffic. In order to build the road, they must tear down a number of buildings. They send a note to the building owners telling them to vacate the premises within 24 hours or their possessions will be destroyed when the buildings are torn down. It is likely that the town has violated which provision of the Constitution? a. The equal protection clause b. The establishment clause c. The commerce clause d. The due process clause

d. The due process clause

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. voir dire. b. an interrogatory. c. request for admissions. d. a deposition.

d. a deposition

Andy decides to go skydiving for his 40th birthday. He signs a waiver, boards the plane and prepares for the jump. Everything is going smoothly until just before landing, a down draft forces Andy down at a much faster rate into the ground, causing injury to both of his legs. Andy will likely not be able to recover for his injuries under the defense of: a. transferred intent. b. negligence per se. c. consent. d. assumption of the risk.

d. assumption of the risk

The National Conference of Commissioners on Uniform State Laws (NCCUSL) passes a new uniform act related to texting while driving. This uniform act:

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

Carly is a manager at a business. When she has a job opening, she regularly does Internet searches on applicants to see if they have social media accounts. If so, she reviews whatever she can access. Her findings, or lack of findings, go into her notes and may influence whether she interviews and ultimately hires an applicant. Carly's actions are: a. clearly legal and clearly ethical. b. clearly illegal and clearly unethical. c. legally uncertain but clearly ethical. d. clearly legal but ethically uncertain.

d. clearly legal but ethically uncertain

A Florida law provides that any person who "knowingly serves" a person "habitually addicted" to alcohol may be liable for an injury caused by the intoxication of that person. Hoag was driving while intoxicated when his car struck Sabo's car. Sabo suffered injuries as a result. Before the accident, Hoag had consumed several drinks at Peoples Restaurant. Sabo sued Peoples Restaurant, alleging that the restaurant violated the statute. Peoples filed a motion for summary judgment, asking the court to grant a judgment in its favor without a trial because it had no knowledge of Hoag's drinking habits. The court most likely: a. granted the motion for summary judgment because there were no questions of fact about Hoag's drinking habits. b. granted the motion for summary judgment unless Sabo produced evidence of Hoag's drinking habits. c. denied the motion for summary judgment unless Peoples produced evidence of Hoag's drinking habits. d. denied the motion for summary judgment because there were questions of fact about the restaurant's knowledge of Hoag's drinking habits that had to be determined by a trial.

d. denied the motion for summary judgment because there were questions of fact about the restaurant's knowledge of Hoag's drinking habits that had to be determined by a trial

Miller signed an employment contract containing an arbitration clause stating that "any dispute" arising during employment must be resolved by binding arbitration. Two years later, after she was injured on the job and took leave to recover, she was fired. She filed a complaint for disability discrimination with the Equal Employment Opportunity Commission, which gave her a "right to sue" letter. She then filed suit in federal court against her employer for disability discrimination. The court: a. dismissed the suit because it must be filed in state court. b. allowed the suit to proceed because federal rights take precedence over an arbitration clause in a contract. c. allowed the suit to proceed because arbitration clauses cannot limit the ability to file suit in federal court, only in state court. d. dismissed the suit because of the arbitration agreement.

d. dismissed the suit because of the arbitration agreement

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. set aside the arbitrator's award. b. review the sufficiency of the award. c. review the merits of the dispute. d. do nothing.

d. 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. physical examinations of key employees of A-Z. b. access to the contents of A-Z's top executives' safe-deposit boxes. 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.

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

John purchases a blender from JuiceMart. A crack in the plastic casing causes the blade to swing out of control and fly at John's arm. John is shaken up by the incident but otherwise uninjured. John's strict product liability suit will most likely: a. succeed because JuiceMart was in the business of selling that product. b. fail because the blender was not in a defective condition. c. succeed because the blender was not substantially changed from the time the product was sold to the time the injury was sustained. d. fail because John did not incur physical harm to self or property

d. fail because John did not incur physical harm to self or property

Jeff believes in the principle of rights theory and uses it to make ethical decisions for his business. He must decide whether to expand his business into Asia. Several key employees do not want the business to expand overseas and have threatened to quit if Jeff makes this move. Under the principle of rights theory, he will make this decision by considering: a. the cost of losing employees and the benefit of the profit he could earn. b. how society would be affected if everyone expanded their businesses against the advice of their employees. c. whether the expansion violates his employees' principles. d. how his decision will affect the rights of his employees, his consumers, and others.

d. how his decision will affect the rights of his employees, his consumers, and others

Cora owns a Christian bookstore and tries to run it in accordance with Judeo-Christian values. Cora learns that Margo, one of her employees, has been taking money from the cash register and giving it to homeless people who come into the store. Under an analysis of duty-based ethics with a religious foundation, Margo's behavior is: a. acceptable because it is compassionate. b. not acceptable because of the categorical imperative. c. acceptable because stealing is sometimes justifiable. d. not acceptable because stealing is never justifiable.

d. not acceptable because stealing is never justifiable

Melissa's tugboat accidentally collides with Tyler's yacht, and Tyler sues Melissa for negligence. A federal jury finds Melissa liable and awards Tyler $5,000 in compensatory damages as well as $50 million in punitive damages. Melissa appeals to the United States Supreme Court, challenging the punitive damages award. If the Supreme Court heard the case, it would likely: a. refuse to review the issue because the court cannot overturn jury awards. b. uphold the damage award as serving a legitimate purpose. c. uphold the damage award as proportional to the harm. d. overturn the punitive damage award as grossly excessive.

d. overturn the punitive damage award as grossly excessive

Bribery is acceptable in certain foreign countries. Indeed, U.S. Development, Inc., has found that the only way it can ensure delivery on certain contracts in these countries is to bribe the officials. This is: a. permitted by U.S. law if the payment is made to government officials for the purpose of securing advantageous contracts. b. prohibited by U.S. law under all circumstances. c. prohibited by U.S. law if the contract price exceeds $20,000. d. permitted by U.S. law if the payment is made to a minor official to speed up administrative procedures.

d. permitted by U.S. law if the payment is made to a minor official to speed up administrative procedures

Mack is injured by a tractor manufactured by WestCo. In order to defend against a negligence claim based upon the product, WestCo. may show that it exercised "due care" by all of the following except: a. placing adequate warnings on the label to inform the user of dangers to which an ordinary person might not be aware. b. inspecting and testing any purchased components used in the final product. c. using the appropriate production process. d. showing the absence of privity of contract between it and the consumer.

d. showing the absence of privity of contract between it and the consumer

The Illinois state legislature passes a law raising the speed limit on certain state roads. This law becomes part of a body of law known as: a. administrative law. b. uniform law. c. case law. d. statutory law.

d. statutory law

All of the cases which 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 statutory law. b. the civil law. c. the law of equity. d. the common law.

d. the common law

Steve, a citizen of New York, wants to obtain a business license in Illinois. The Illinois legislature passed a law requiring nonresidents to pay a $1,500 fee to apply for business licenses in the state of Illinois. Illinois residents pay nothing for a business license. This discrepancy in the fees between the residents of Illinois and other states may violate: a. the due process clause. b. the full faith and credit clause. c. the separation of powers. d. the privileges and immunities clause.

d. the privileges and immunities clause

A city ordinance allows only two hot-dog stands to operate in the city's downtown area. If someone who would like to add another hot-dog stand challenges this ordinance under the equal protection clause, the rule will be subject to: a. strict scrutiny. b. the police power test. c. intermediate scrutiny. d. the rational basis test.

d. the rational basis test

Congress passes legislation that requires all people to have health insurance or pay fines to the government. The president analyzes the legislation and signs it. Several different individuals challenge the law as unconstitutional and the United States Supreme Court agrees to hear the case. After the hearing, the justices declare that the law is constitutional. This is an example of: a. the federal form of government. b. the supremacy clause. c. preemption. d. the system of checks and balances.

d. the system of checks and balances

Cyberlaw consists of: a. only federal statutes. b. only state statutes. c. laws that are written on computers, smartphones, tablets or other technology. d. traditional legal principles that have changed because of technology.

d. traditional legal principles that have changed because of technology.

Doug obtains permission to be on Nathan's land for one day to hold a four-wheeling event. Doug's truck breaks down, and instead of removing it, he leaves it on Nathan's property for several days after the event. Doug has most likely committed: a. trespass, but he has a complete defense. b. trespass to personal property. c. no tort. d. trespass to land.

d. trespass to land

Garrett was a commercial tour boat operator on the northern coast of Kauai, Hawaii. He was licensed by the state of Hawaii to operate his boat in Hanalei Bay. The U.S. Department of Transportation and the U.S. Coast Guard also granted Garrett an unrestricted license to operate his boats in Hanalei Bay. Hawaii subsequently passed a law that banned all commercial use of Hanalei Bay. The state refused to renew Garrett's state license and ruled that he was not allowed to operate his vessel based on his federal licenses. Garrett sued the state, alleging that the state law that prohibited him from operating his boat conflicted with the federal law that authorized him to do so. The court probably found that the state law was: a. constitutional under the supremacy clause. b. unconstitutional under the equal protection clause. c. constitutional under the due process clause. d. unconstitutional under the supremacy clause.

d. unconstitutional under the supremacy clause