lAW 231 Mid Term
What does the reasonable person standard impose on a person in a negligence lawsuit?
a duty to act as a reasonable person would in the same circumstances
After a civil trial at which the losing party believes the jury verdict is contrary to the weight of evidence, the party may file which of the following motions? Choose 2 answers.
a motion for a judgement notwithstanding the verdict (JNOV) a motion for a new trial
When an appellate court decides to send a case back to the lower court for a decision on a particular issue, it is called:
a remand.
What are the three steps of a civil trial? Choose 3 answers.
closing arguments opening arguments presentation of testimony and evidence
Which of the following defenses to negligence is used to assign liability proportionately to the level of harm from each party's own conduct?
comparative fault
When a defendant faces a negligence lawsuit, what defenses are available? Choose 3 answers.
comparative fault contributory negligence assumption of risk
If the U.S. Supreme Court determines that a state or federal law violates the U.S. Constitution, it may:
invalidate the law.
Liam is Neely's supervisor. During Neely's yearly written evaluation, Liam states that Neely has not performed her job well at all, constantly comes in late to work, and stirs up trouble with the other employees. Neely is understandably upset and wants to sue Liam for defamation. If Neely files a lawsuit against Liam for libel, Neely will probably:
not be successful if Liam's comments on Neely's written evaluation were made in good faith.
Angelina sues Harrison for breach of contract and loses. Angelina appeals her case to the state supreme court. The appellate court remands the case, which means that:
the case is sent back to the trial court for further proceedings consistent with the opinion of the appellate court.
After all pleadings are filed and discovery is completed, a party may ask the judge to rule in their favor on the basis that there are no genuinely disputed facts and the judge need only rule on the law. The motion asks the court for a:
summary judgment.
Which of the following are methods of preventing unethical behavior? Choose 2 answers.
terminating an employee for unethical behavior establishing a company code of ethics
Anne Marie has surgery to have her gall bladder removed at Mt. Sinai Hospital. The surgery goes well, but several days later, Anne Marie experiences severe abdominal pain. X-rays reveal a small surgical instrument in Anne Marie's abdominal cavity. Anne Marie has to endure another surgery to remove the instrument. Anne Marie sues the surgeon for negligence. To win her negligence lawsuit against the surgeon, Anne Marie must prove:
that a reasonable surgeon would not have left a surgical instrument in her abdominal cavity.
Which of the following is the provision of the U.S. Constitution that establishes federal law precedence over state law?
the Supremacy Clause
How many circuits are the federal appeals courts divided into?
12, including the D.C. circuit
Which of the following is a correct statement of federal preemption of state law under the Supremacy Clause? Choose 2 answers.
A state law that requires documentation of citizenship is preempted by the National Voter Registration Act because the act only requires a statement under oath .A state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field.
Which of the following citations indicates that the citation is referencing state statutory law? Choose 2 answers.
Cal. Penal Code § 11164(a) (West 2020) Ark. Code Ann. § 6-17-2401 (2020)
In the United States, who creates federal statutory law?
Congress.
Megan Kanka was raped and murdered in 1994, when she was only seven years old, by one of her neighbors. As a result of her murder, a federal statute was created that requires law enforcement authorities to make information available to the public regarding registered sex offenders. This federal statute was created by:
Congress.
What is true of corporate political speech? Choose 2 answers.
Corporate political speech is protected by the First Amendment. Political donations are protected by the First Amendment as types of corporate political speech.
Under the common law, which of the following is true? A. Judges may never deviate from established precedent. B. Congress is responsible for interpreting the common law. C. Judges are responsible for the creation of statutes. D. In a case of first impression, a judge may use persuasive authorities rather than precedents.
D. In a case of first impression, a judge may use persuasive authorities rather than precedents.
Which of the following is an example of federal agency regulations that impact business operations?
Internal Revenue Service rules for business tax audits
A restriction on commercial speech will be valid if it meets three criteria. What are they? Choose 3 answers.
It must seek to implement a substantial government interest. It must not be overly restrictive to meet its objectives. It must directly advance a government interest.
In which of the following situations would ONLY state law apply?
Jim and John Brown want to form the Two Brothers Cleaning and Janitorial Company, Inc. and do business in Maryland.
Under which principle of ethics would a person consider whether his or her action is one that every other person should take?
Kant's categorical imperative
The idea that each person has intrinsic biases that impact their decisions is a component of which school of thought?
Legal Realist School
Which of the following statements accurately describes why the theory of strict liability was developed?
Manufacturers can bear the costs of the damages resulting from their products better than an individual consumer.
The belief that as humans we are all entitled to certain fundamental rights is a component of which school of thought?
Natural Law
During the pandemic of 2020, the City of Mayberry passes an ordinance that requires all citizens to wear a face mask in public. Addison believes that the government cannot regulate his personal behavior and refuses to wear a mask; he says that forcing him to wear a mask violates his constitutional rights! A police officer stops Addison on the street and arrests him for violating the city ordinance. Can Addison successfully challenge the mask ordinance on constitutional grounds?
No, requiring people to wear a face mask during a pandemic is a valid exercise of the state's police power.
Esther is pulled over for crossing the yellow line with her automobile. The officer suspects Esther is intoxicated, so she administers a field sobriety test. Esther blows a .16 on the test, so the officer arrests Esther for DWI. Esther decides to fight the charge. Her defense is that she is an alcoholic, and the laws against driving while intoxicated unconstitutionally discriminate against her and other alcoholics. Does Esther have a valid defense to her DWI charge?
No, she does not because laws that regulate economic or social issues are presumed valid, and the courts will apply minimum scrutiny in evaluating whether such laws discriminate against people.
Ethan is charged with armed robbery and is meeting with his attorney, Audrey, to prepare for trial. During the trial prep session, Ethan tells Audrey about a young girl that Ethan killed, unrelated to the armed robbery. It has been all over the local news that this young girl is missing, and her parents have been desperately looking for her. Ethan tells Audrey where the body is buried. Doubting Ethan's story, Audrey actually goes to the burial site and verifies that the body is there. Later, the prosecuting attorney discovers information that makes Ethan a suspect in this murder and also discovers information that Audrey knows about the body and where it is buried. The prosecuting attorney thus subpoenas Audrey to court to testify about this information. Can Audrey testify about where the missing girl's body is buried?
No, that information is protected by the attorney-client privilege.
Samantha has been the top salesperson at her company for the last six months in a row. Samantha has been using high-pressure techniques to meet the unrealistically high sales quotas in her division, including marking up the price so she can offer a good discount to the customers, lying about the quality of the product, and telling customers that the items are one-of-a-kind when they are not. Her manager, Samuel, is aware of the tactics Samantha is using but does not say anything because Samantha makes their division look great. Here, the parties guilty of unethical behavior include:
Samantha and Samuel.
Which of the following illustrates a financial or non-financial cost of unreported unethical behavior to a company? Choose 2 answers.
Sweet Home Diner lost half of its business when the community became outraged with the owner for failing to stop the racist social media postings of the restaurant manager. Employee morale hit an all-time low when Scott, the line supervisor, ignored repeated instances of harassment by certain employees.
Why would a superseding cause relieve a tort defendant of liability?
The defendant could not have reasonably foreseen the event.
Nevada passes a statute that any 18-wheel truck passing through Nevada must meet a Clean Fuel Fleet Exhaust Emission Standard of no more than 2.8 nitrous oxide (NOx). The federal statute requirement for such trucks is no more than 3.8 NOx. Carlton is driving his 18-wheeler cross-country to deliver a load and stops at a Nevada weigh station. The weigh station officer inspects Carlton's documents, notes that Carlton's truck has a 3.4 NOx emission level, and issues a citation. On what grounds might Carlton fight this citation?
The federal statute preempts the state statute under the Supremacy Clause.
You've decided to buy some rental property but know very little about the law regarding landlord-tenant relations. You head to the local law library to do a little research on the subject. The law librarian is extremely helpful, and with his help, you have lots of reading material about landlord-tenant law! You discover there are several kinds of law and that some laws are procedural and other laws are substantive. What do you think procedural law covers?
The methods of enforcing the rights established by substantive law.
You have had a grudge against the owner of a local barbeque restaurant for years. You went to high school together, and he is always acting like he is better than you because even though you both own barbeque restaurants, his business seems to be more popular than yours. You come up with a plan to get back at him by spreading false rumors that his barbeque made a lot of people sick. That'll teach him! What do you think might happen if you go through with your plan?
The owner of the restaurant could sue you, and you may have to pay him money.
Which of the following is a true statement of the powers of a branch of the federal government?
The power to enact laws is vested in the legislative branch.
The abbreviation "U.S." in the legal citation Brown v. Board of Education, 347 U.S. 483 (1954) references the:
United States Reports.
Rando and Shania are involved in an automobile accident. Rando decides to sue Shania for his injuries, so he files a complaint, a formal pleading that starts the lawsuit and sets out the allegations that Rando has against Shania. Rando has the complaint, along with a summons, served on Shania to give her notice of the lawsuit. If Shania does not respond to the complaint:
a default judgment may be entered against her.
George gave Maxwell a friendly slap on the back, not knowing that Maxwell was drinking coffee. The slap frightened Maxwell and he choked on the coffee. Have all the elements of battery been met?
Yes, because the slap was intentional and non-consensual, and Maxwell was harmed.
Tillie is served with a lawsuit to collect a debt Tillie allegedly owes to Big Ben Clocks. The summons attached to the lawsuit says that Tillie has thirty days to answer the complaint. Fifteen days later, Tillie receives a copy of a default judgment in the mail, directing Tillie to pay $1000 to Big Ben Clocks. Does Tillie have any grounds on which to have the default judgment set aside?
Yes, it is a violation of procedural due process.
Sofia works in the advertising department of Energy First, a company that manufactures a vitamin supplement that allegedly boosts a person's energy level. Sofia creates an advertisement for the product that states that Energy First has been clinically proven to boost energy levels when she knows that no such study has occurred. Can the government prevent Sofia from making such claims in her advertisements?
Yes, the government has a substantial interest in protecting the health of the public, and the restriction on these claims advances that interest without going any further than necessary.
Which of the following types of jurisdiction relates to the power of a higher court to review the decision of a lower court?
appellate jurisdiction
Andre is involved in a business dispute with his former partner, Ned. Instead of filing a lawsuit, Andre and Ned decide to use alternative dispute resolution (ADR) to settle their dispute. Andre and Ned choose to present their case to a neutral third party, and that third party will decide the case. The form of ADR that Andre and Ned have decided to use is:
arbitration
When the parties in a dispute present their arguments and evidence to a neutral third party who then renders a decision, it is called:
arbitration.
When the attorney for a party cross-examines a witness at trial, the attorney may: (Choose 2 answers.)
ask only questions relating to the testimony already given by the witness. ask questions about the witness's character.
The role of a mediator is to:
assist parties in a dispute in resolving their differences out of court.
of the month. Six months after Sanchez and Yan entered into this contract, Sanchez breached the contract by not delivering the textbooks to Yan's bookstore. After Sanchez breached the contract, Yan sued Sanchez for her damages. Yan must choose the appropriate court in which to file her lawsuit. To do this, Yan needs to be sure the court has:
both subject matter and in personam jurisdiction in the case.
Legal researchers will use which of the following tools to locate a court decision? Choose 2 answers.
bound volumes of reported court decisions, organized by jurisdiction, date, and courts online legal research engines such as Lexis, Westlaw, or Bloomberg
In contrast to federal courts, state courts have what kind of jurisdiction?
broad
Jayne is opening her own bakery. As she develops her company policies, she is concerned about the morality of her actions and how those actions will affect her employees, her stakeholders, and herself. Jayne studying the rightness or wrongness of her actions as they apply to her business constitutes the study of:
business ethics.
What do legal professionals use to analyze court decisions that are relevant to their clients' cases?
case briefing
The principle of stare decisis does which of the following?
creates predictability in the legal system
You own a German Shepherd named Max who you love and adore. You are aware that Max is sometimes aggressive with new people. Because of that, you are usually very careful to prevent Max from running out of the house unleashed. One day, as you open the door to bring in the mail, Max escapes out of the door and attacks a woman walking in the vicinity of your home. The woman suffers significant injuries on her right arm, some of which she claims will leave permanent scars. You feel very bad about this. The woman is now suing you for $18,000 to cover her alleged medical bills, missed time at work, and pain and suffering. To prepare for the trial, you would like to review the woman's medical records, medical bills, work schedule, and salary. Additionally, you would like to have a doctor of your choosing examine her arm and assess the true extent of the injuries. What is the procedure a defendant uses to learn more about a plaintiff's claim before trial?
discovery
State statutory law is created by:
elected members of the state legislature.
Which of the following activities is an example of corporate social responsibility?
establishment of a foundation that funds high school educational initiatives
What is the system of government called in which states form a union and share sovereign power with the central government of the union?
federalism
Maryanne and Trory are in court over a lawsuit that Maryanne filed against Trory for conversion of property. During voir dire, Maryanne's attorney asks the jurors if any of them know either of the parties. Juror number 13 responds that she is Trory's first cousin. Maryanne's attorney asks the court to strike juror number 13 from the panel. Maryanne's attorney is asking that juror number 13 be stricken:
for cause.
What does venue refer to?
geographic location of the court
A party may challenge a potential juror for cause if the party believes the potential juror: (Choose 3 answers.)
has prior knowledge of the facts of the lawsuit. is a friend or relative of one of the parties. is biased.
You recently had an accident on the job. Some equipment fell on you causing a serious injury, and your medical bills alone are likely to be over $85,000. You claim an outside vendor who was working on the equipment that day created the problem that caused the injury, and you want to sue. You live and work in Texas, and the outside vendor is a resident of Oklahoma. Where do you think you should file the lawsuit?
in either federal or state court
For the past year, Zegrida has been writing a historical fiction novel based on the experiences of her family as they immigrated to the United States from Latvia during World War II. When finished, she contacted a publisher and was shocked to discover that her book had just been published two weeks ago with Fran, a business acquaintance of Zegrida, listed as the author. Two months ago, Zegrida had asked Fran to review the book and give feedback, but instead, Fran published the book under her own name. Zegrida plans to sue Fran for copyright infringement and is trying to decide in which court to sue. Zegrida must sue Fran:
in federal district court because the suit involves a copyright issue.
What is the medium level of scrutiny, sometimes called heightened scrutiny, that a court will use when deciding a case that involves a quasi-suspect class?
intermediate scrutiny
Randolph was recently arrested for violating a local ordinance that prohibits citizens from wearing clothing that exhibits obscene language. He thinks the ordinance is unfair, because it does not clearly explain what "obscene" means, so he fights the charge in court. The court finds in Randolph's favor, holding that the ordinance is void for vagueness, and strikes it down. In striking down the statute created by the legislature, the court was exercising the power of:
judicial review.
To meet the element of intent, a plaintiff must prove that the defendant:
knowingly committed the act or knew with substantial certainty that his or her actions would result in the consequences.
Judge Jasper and his friend, Judge Judy, were debating the philosophical theories of jurisprudence. Judge Jasper believes that law is just one of many institutions in society and that it is shaped by social forces and needs. Judge Jasper believes in the theory of jurisprudence called:
legal realism.
Which branch of government has the authority to enact law?
legislative
If a trial court judge is deciding an issue that has never come before the court (a case of first impression), they:
may create new precedent.
In a negligence action, a plaintiff may seek an award for compensatory damages as a result of which of the following? Choose 3 answers.
medical bills actual missed days at work the loss of a spouse's companionship
Ethics is the consideration of how one should act, based on which of the following concepts?
morality, or principles of right and wrong
Rihana and her friends attend the opening day of Wild Water Country, a local water park attraction. Before riding the new Tornado Tunnel water slide, the steepest and scariest water slide in the park, Wild Water Country requires its customers to sign a waiver of liability which states that they know the risks involved in riding the Tornado Tunnel, and that Wild Water Country is not responsible for injuries that occur during the ride. Rihana signs the waiver and climbs to the top of the slide. As she begins her descent, however, the metal slide buckles under the weight of the riders. Rihana and several other riders are thrown from the slide and fall one hundred feet to their deaths. Rihana's parents sue Wild Water Country. Wild Water Country defends the lawsuit by stating they are not liable for any injuries because Rihana had signed a waiver of liability, and, therefore, she had assumed the risks associated with riding the water slide. Wild Water Country's defense will probably:
not be successful, because Rihana did not assume the risk of the water ride collapsing.
A legal citation for a court decision is used by legal professionals to research the law, and includes:
party names, location of the published case, court, and date of decision.
When a party wishes to excuse a potential juror without giving a reason, the party may exercise a:
peremptory challenge.
Tort law provides a civil remedy for violations of which of the following protected interests? Choose 3 answers.
personal or business reputation personal and physical safety the destruction of or damage to property
What is a document called that is filed with the court to state the position of the plaintiff or the defendant in a lawsuit and ask for relief from the court?
pleading
How a hearing or court case is conducted is governed by:
procedural law.
Which of the following are the two primary types of damages available for an intentional tort? Choose 2 answers.
punitive damages compensatory damages
Andrea and Jerome are involved in a terrible car accident. Andrea ran a red light and plowed into Jerome's car, causing Jerome's car to be totaled. Luckily, Jerome was not hurt. Jerome files a tort lawsuit against Andrea. If he is successful in his lawsuit, Jerome will receive compensatory damages, the purpose of which is to:
put Jerome in the position he would have been in had the tort not occurred.
What is the lowest level of review by a court to determine whether a government action unconstitutionally infringes on protected rights?
rational basis review
Substantive law governs a person's:
rights and responsibilities.
Karishma and Stephen, co-owners of Roundtree Corporation, are discussing a new benefits package they are considering for their employees. The proposed plan is more expensive for the company than the current plan but will offer better benefits to the employees. Stephen wants to decide based solely on the effect on the owners of the corporation, while Karishma's position is that the employees should be taken into consideration as well. Stephen is more concerned with the _____________ theory of management, and Karishma is more concerned with the __________ theory of management.
shareholder; stakeholder
Joan's lawyer, Albert, feels pretty good about the chances of winning Joan's case. He has found a case directly on point, which means it has the same issue and very similar facts. If the court follows the decision in the case Albert found, then Joan will win her case. Albert argues Joan's case to the trial court, and the trial court decides for Joan. The fact that the trial court decided the case in Joan's favor is an example of:
stare decisis.
Mary and Hanna, who are Tennessee residents, were traveling through Mississippi when they were involved in an automobile accident with Franco, who is a resident of Mississippi. Franco sues Mary, who was driving the car, in federal court in Mississippi and asks for $100,000 to reimburse him for his medical bills and lost wages. In deciding the case, what law will the federal district judge apply?
state law
Elton is a state representative for the North Dakota legislature. Recently, Elton and his colleagues in the legislature proposed a law that would increase the penalty drivers would have to pay if they pass a stopped school bus. The type of law that Elton and his colleagues will enact is known as:
statutory law.
What are the three levels of scrutiny used by courts to determine the constitutionality of a government action? Choose 3 answers.
strict scrutiny rational basis review intermediate scrutiny
Under the principle of rights, the term "rights" refers to:
the fundamental rights of human beings.
When making a decision using the stakeholder theory of management, a business professional would place more weight on which of the following? Choose 2 answers.
the harm to customers from using the company's product over profits the impact of its decisions on employees over the profitability of the business
Zayden was recently arrested for driving while intoxicated. The law in his state defines the crime of driving while intoxicated as operating a motor vehicle on the public roads with a blood alcohol content over 0.8%. State law also states that anyone convicted of this crime has the right to appeal. Zayden recently took a criminal justice course in college and remembers studying the differences between substantive and procedural law. In his current situation, he knows that:
the law that defines the crime is a substantive law, and the law that provides for the right to appeal is a procedural law.
In ethics, compliance with the law is considered:
the moral minimum.
Arliss runs a red light and strikes Jeffry's vehicle. Jeffry sues Arliss, and they proceed to trial. At the end of the trial, Jeffry is not happy with the amount of damages the jury awarded. Jeffry files a notice of appeal in his lawsuit against Arliss. Jeffry must now file the record with the appellate court. The record that Jeffry must file will consist of:
the pleadings, the trial transcript, the judge's rulings on motions made by the parties, and other trial-related documents.
Historically, the common law developed from:
the unification of local customs and laws in feudal England.
What type of speech does not receive First Amendment protections? Choose 3 answers.
threats to the president of the United States obscenity Correct answer.speech that incites lawlessness
What is the term for an appellate court's decision to overturn the decision of the lower court and rule in favor of the person filing the appeal?
to reverse
The federal and most state judicial branches have at least these three levels in the court system:
trial court, intermediate appellate court, and highest appellate court.
A company exhibits responsible corporate citizenship when it:
uses its wealth and influence to benefit society as a whole.
Under which theory of ethics would a decision be ethical if it provides the greatest benefit for the largest number of individuals?
utilitarianism
Juan owns a manufacturing company that wants to expand its line of plastics. To expand and still make a profit, pollution into the local river will be significantly increased. In evaluating his decision, Juan tries to determine whether expanding the company's line of plastics would produce the greatest amount of good for the greatest number of people. In doing so, Juan is following the ethical principle known as:
utilitarianism.
What is the process of interviewing prospective jurors and either approving of or challenging a person's impartiality toward service on a particular jury?
voir dire
A business landowner has a duty to reasonably maintain his or her property for safety. When the business invites guests or customers onto its premises, it has a duty to:
warn invitees of and reasonably protect them from a foreseeable risk of harm or danger from something on the premises.
Freddy carries his books and school supplies in a large backpack. The hallways at Freddy's school are always very crowded. One day, Freddy turns around quickly to talk to a friend, and a sharp pencil that is sticking out of his backpack gouges Lorraine in the eye. Lorraine ends up losing the use of her eye. If Lorraine sues Freddy in a negligence action, the standard the court will use to determine whether Freddy is liable is:
what a reasonable person would have done under the circumstances.
