LEB 320F Unit 1-5

What is one way to categorize law? Select one: a. Subject matter. b. Federal v. State. c. Statutory v. Common law. d. All of the above.

D

Which of the following is not a label used to identify the different level of duty a landowner owes to a person on his property? Select one: a. A visitor. b. A trespasser. c. A licensee. d. An invitee.

A

Which of the following is not a level of protection against unreasonable distinctions the Supreme Court has identified? Select one: a. Minimum Scrutiny. b. Rational Basis. c. Strict Scrutiny. d. Intermediate Scrutiny.

A

Which of the following rights granted by the Bill of Rights has been incorporated under the doctrine of incorporation? Select one: a. The right to an attorney in a criminal case. b. The right to indictment by a grand jury. c. The right to a jury selected from residents of the state and district where the crime occurred. d. The right to protection against excessive fines.

A

Which of the following transactions would not be within the scope of Article 2 of the UCC? Select one: a. A leasing contract for an apartment. b. Buying a car. c. Buying a cell phone. d. A contract to buy coal.

A

Which of the following would be actionable under the Lanham Act, assuming all are false? Select one: a. Product A will help you lose 5 pounds in 5 weeks! b. Product X will let you fly! c. Product Z is America's Favorite Drink! d. None of the above.

A

True or False: Precedent set by other states (such as Oklahoma) is mandatory authority which a Texas state court must follow.

A court does not have to follow the precedent from a higher court if the higher court is not directly above it. This means that Texas courts do not have to follow Oklahoma precedent, even if it is the Supreme Court of Oklahoma. The correct answer is 'False'.

True or False: It is generally easier for a plaintiff to win on summary judgment than a defendant.

A defendant moving for summary judgment only needs to prove that there is no genuine issue of material fact while a plaintiff must produce evidence strong enough to prove all elements of the claim, the defendant failed to present evidence that creates any doubt about any elements of the claim, and the defendant has failed to present evidence sufficient to create a genuine issue regarding an affirmative defense. The correct answer is 'False'.

True or False: A deposition is a series of questions sent by one party to the other, which much be answered under oath.

A deposition is testimony of a witness given under oath. Both parties are generally present during the testimony and have an opportunity to cross-examine the witness. The correct answer is 'False'.

True or False: There are three types of charges to the jury: general, special, or a combination.

A general charge asks only for a general verdict; that is, it only asks for a guilty or innocent finding and the damages, if relevant. A special charge includes several different questions, such as the percent liability each side may have, if, in cases where the defendant can win by disproving just one of several elements of a cause of action, the jury found a specific element of a cause of action lacking, or other relevant questions. The correct answer is 'True'.

Which of the following outlines the difference between criminal and civil law? Select one: a. Criminal law imposes fines and imprisonment while civil law focuses on damages and injunctions. b. Criminal law is purely statutory in nature, while civil law is purely common law. c. Criminal law involves the state and a private party, while civil law involves only private parties. d. All of the above.

A is correct because both of these descriptions are largely accurate. B is incorrect because many civil cases involve statutes and, in some jurisdictions, criminal cases can involve common law. C is incorrect because civil law claims are often brought by the state or government agencies. The correct answer is: Criminal law imposes fines and imprisonment while civil law focuses on damages and injunctions.

True or False: Alternative Dispute Resolution is a blanket term used to describe techniques used to resolve legal conflicts outside of courtrooms, and includes mediation, arbitration, and other methods.

Alternative Dispute Resolution techniques, such as mediation and arbitration, are used to avoid costly court and attorney's fees as well as save the time a lengthy trial may take. The correct answer is 'True'.

True or False: An attorney generally cannot ever ask leading questions of a witness.

Although an attorney is not allowed to lead the witness during direct examination, an attorney is allowed to lead the witness if it is an adverse witness. The correct answer is 'False'.

True or False: An effective manager of a corporation should not attempt to alter political situations.

An effective manager will attempt to alter political situations and regulations to aid their company. The correct answer is: False

True or False: Casey, while working for the corporation B12, injures David. This injury is the result of Casey acting outside his scope of employment. Regardless, B12 can be held liable for Casey's actions.

An employer generally can be held liable for the actions of an employee if the actions of the employee was within the scope of employment. The correct answer is: False

True or False: A claim arising out of the Americans with disabilities act, which is a Federal statute, would be a Federal Question case and, therefore, be within a federal district court's jurisdiction.

Any case that arises out of a federal statute, such as the Americans with disabilities act, can be brought in a Federal District court. The correct answer is: True

Which of the following requirements does not have to be met in order for a commercial speech regulation to be constitutionally permissible? Select one: a. The regulation directly advances the governmental interest and is not more extensive than is necessary to serve that interest. b. The regulation does not interfere with properly informing the consumer of alternatives. c. The speech in question must concern lawful activity and not be misleading. d. The asserted governmental interest to be served by the regulation must be substantial.

B

Which of the following should an answer always contain? Select one: a. An affirmative defense. b. A denial. c. A counterclaim. d. None of the above.

B

True or False: Johnny, a citizen of Texas, and Teddy, a citizen of Kentucky, sue Ash, a citizen of Texas, and Aaron, a citizen of Georgia for $125,000 from a claim arising from state law. This suit can be brought in Federal Court.

Because Johnny and Ash are both from Texas, the requirements for diversity jurisdiction are not met. Diversity Jurisdiction requires the claim be worth at least $75000 and that no defendant have the same state of residency as any of the plaintiffs. The correct answer is: False

True or False: The adversarial judicial system tends to put more cost in the private sector while the inquisitorial system tends to put more cost in the public sector.

Because the adversarial system requires that the lawyers do the majority of the investigation and research, it tends to cost more for the private sector. The inquisitorial system requires much more out of the judges and, therefore, costs more for the public sector. The correct answer is 'True'.

What mechanism is primarily used by states to avoid issues with the Contract Clause when a state is attempting to pass legislation that would change a term of a contract? Select one: a. Comity. b. Incorporation. c. A Grandfather clause. d. None of the Above.

C

Which of the following would be considered slander? Select one: a. A false newspaper article. b. A false news report on a TV channel. c. Someone spreading rumors about you. d. A false radio report.

C

Which of the following is not a popular method of ADR? Select one: a. Arbitration. b. Negotiated Settlement. c. Lawsuits. d. All of the above.

C A lawsuit is not a type of ADR. An ADR is an alternative to a lawsuit. Arbitration and negotiated settlements are two of the primary types of ADR used. The correct answer is: Lawsuits.

What is summary judgment? Select one: a. The jury deciding the verdict of a case before the trial is finished. b. A politician pardoning a defendant from their sentence. c. A trial judge deciding a case as a matter of law because there is "no genuine issue of material fact." d. None of the above.

C If there is no "genuine issue of material fact," a judge may decide the outcome of a case without allowing the case to go before a jury. The correct answer is: A trial judge deciding a case as a matter of law because there is "no genuine issue of material fact."

True or False: Johnny, a citizen of Texas, sues USC, a corporation incorporated in California with a principle place of business in Texas, for $2.5 million on a claim arising from state law. This suit can be brought in Federal Court.

Corporations are considered to be citizens of both the state in which they are incorporated in and where their principle place of business is. Because USC's principle place of business is in Texas and Johnny is a citizen of Texas, diversity jurisdiction cannot be established. The correct answer is: False

True of False: Because a corporation is not an individual, a corporation does not have to be served prior to a suit.

Corporations generally appoint and register an agent to be served and some jurisdictions will consider service valid if any officer of the corporation is properly served. The correct answer is: False

True or False: A court will generally consider the textual context of a statute when attempting to determine the meaning of an ambiguous statute, prior to taking into account the circumstantial context of the passing of the statute.

Courts often consider the textual context of a statute when trying to interpret the meaning of the statute prior to considering the circumstantial context of when the statute was passed. The correct answer is 'True'.

Which of the following is a doctrine used to presume negligence from the fact that an accident occurred? Select one: a. Animus Nocendi. b. Actus Reus. c. Implied Warranties. d. Res Ipsa Loquitur.

D

Which of the following is a reason a potential juror may be dismissed during voir dire? Select one: a. An attorney uses a peremptory challenge or a strike against the juror. b. A judge excuses a person by granting a challenge for cause made by one of the attorneys. c. The potential juror requests to hear a separate case. d. A and B.

D

Which of the following is generally not considered when deciding whether an individual is able to receive "bystander recovery" from a negligence claim? Select one: a. Whether the emotional shock resulted from a contemporaneous perception of the accident. b. Whether the plaintiff and the victim were closely related. c. Whether the plaintiff was located near the scene of the accident. d. Whether the plaintiff and the defendant were closely related.

D

Which of the following are types of discovery tools generally used during pretrial discovery? Select one: a. Depositions. b. Interrogatories. c. Requests for production of documents. d. All of the above.

D All of the above are tools for discovery used in most states and federal courts. Depositions are records of testimony taken outside of court. Interrogatories are written questions submitted by one party to the other, which must be answered under oath. A request for production of documents is a written request for the other party to provide documents relevant to the case. The correct answer is: All of the above.

True or False: Johnny, a citizen of Texas, and Ash, a citizen of Texas, sue AJ, a citizen of Alabama, and Jeff, a citizen of Florida, for $100,000 from a claim arising from state law. This case can be brought in federal court.

Diversity of Citizenship allows for a case to brought in Federal Court when there is diversity of residency between parties and the claim is for at least $75,000. The residency requirement only applies when opposing parties are from the same jurisdiction. The correct answer is: True

Which of the following is an element required for a cause of action under defamation? Select one: a. The statement was made as though it were a fact. b. The statement was defamatory. c. The statement was false d. The plaintiff's reputation was harmed. e. All of the above.

E

Which of the following is, according to Benjamin Cardozo, a "directive force" which shapes the law? Select one: a. Philosophy. b. History. c. Custom. d. Social Welfare. e. All of the above.

E

Xeon, a manufacturing company, sells product X to John's store, which in turn sells it to Paul. X is a product designed to cure baldness of the head, but Paul attempted to use it to increase body hair on his right hand. Prior to selling the product to Paul, John, the owner of John's store, contacted Xeon to ensure that the product was safe for those uses. After Xeon confirmed this, John told Paul that his hand would have hair if he used the product and that he will be happy with his new hairy hand. Following this, Paul uses the product on his hand. To his dismay, not only does hair not grow on his hand, but the product causes severe scarring. Which of the following types of warranties were not made? Select one: a. Warranty of Title. b. Implied Warranty of Fitness for a Particular Purpose. c. Implied Warranty of Merchantability. d. Express Warranties. e. All of the above were made.

E

True or False: If a plaintiff properly proves all the necessary elements of his claim, he can still lose a civil case.

Even if the plaintiff proves all the necessary elements of his claim, the defendant may still escape liability by properly proving an affirmative defense. The correct answer is 'True'.

True or False: A UCC contract must have all details, such as delivery date and the exact price, included in order to be considered complete.

False

True or False: A contract for the sale of corn is not considered a sale of goods, for the purposes of Article 2, if the corn will be severed from the land by the buyer.

False

True or False: A copyright is within the scope of Article 2.

False

True or False: A merchant's verbal promise to keep an offer open for two weeks, in the absence of paid consideration, is binding under Article 2.

False

True or False: All contracts for a sale of goods exceeding $500 must be in writing in order to be enforceable.

False

True or False: An individual cannot be held liable on a negligence theory for the criminal acts of a third party.

False

True or False: An individual cannot recover for emotional damages absent physical injury in a negligence case.

False

True or False: An intent to harm is necessary to establish a case for trespass.

False

True or False: If A shoots at B, but accidentally hits C, A is not liable for a battery against C because he had no intent to injure C.

False

True or False: It is always up to the jury to decide if an individual breached a duty of care.

False

True or False: Judicial Review is established in the constitution.

False

True or False: Mere insults are usually sufficient for a claim of intentional infliction of mental distress.

False

True or False: Money is never treated as a good for the purposes of the UCC.

False

True or False: Plaintiffs are able to recover punitive damages from negligence claims.

False

True or False: Purely economic interests are extremely strong factors weighing in favor of allowing a state regulation to be allowed under the unduly burdening state commerce doctrine.

False

True or False: The Magnuson-Moss Warranty Act applies to all purchases and sales.

False

True or False: The Takings Clause can be applied for the government to take trade secret information from corporations.

False

True or False: When engaged in contact sports, all possible injuries are considered to be barred by the defense of consent.

False If an injury occurred due to an action outside the rules of the game, it occurs outside of the consent given by the plaintiff. Due to this, an injury caused by an action outside of the rules of a game may be enough to state a claim for battery. The correct answer is 'False'.

True or False: Every state has a separate Federal Court Circuit

False. There are only 13 Federal Circuit Courts

True or False: Federal District Courts are courts of general jurisdiction.

Federal District Courts are courts of limited jurisdiction. A Federal District Court must have Subject Matter Jurisdiction in order to hear a case. The correct answer is: False

True or False: All judges in a panel for a circuit court must agree on the outcome of the case and the reasoning used to justify the outcome.

If a judge does not agree with the majority of the case, he can write a concurrence if he disagrees with the reasoning and agrees with the outcome, or a dissent if he disagrees with the outcome. The correct answer is 'False'.

True or False: Personal jurisdiction over certain cases, such as bankruptcy cases, can be established simply by having property relevant to the suit within the jurisdiction of the court.

In Rem jurisdiction, which can be established by having property within the jurisdiction of the court, can satisfy jurisdictional requirements for a case. The correct answer is: True

Which of the following is necessary for a court to have in order to hear a case? Select one: a. Personal Jurisdiction. b. Proper Venue. c. Subject Matter Jurisdiction. d. All of the above.

In order for a court to hear a case, the court must have personal jurisdiction over both parties, be a proper venue, and have jurisdiction over the subject matter of the case. The correct answer is: All of the above.

True or False: Unlike most Courts of Appeals, the Supreme Court does not divide into panels when reviewing cases.

Most Court of Appeals, if they have more than 3 members, will break into panels of 3 when deciding a case. The Supreme Court, however, always reviews a case with all nine members, outside of special circumstances. The correct answer is 'True'.

True or False: Appeals from specialized federal courts, such as bankruptcy courts always go to the Federal Court of Appeals.

Some appeals from specialized federal courts go to federal district courts for their appeals, while others go to Circuit Courts. The correct answer is: False

True or False: A jury is, in most civil cases, considered to be a "judge of facts" while the judge is only the "judge of the law".

The judge's job in many civil proceedings is to make sure the jury applies the correct standards in deciding the case and that the attorneys follow the proper procedures during the trial. The correct answer is: True

True or False: The defendant bears the burden of proving their innocence in a civil case.

The plaintiff bears the overall burden of proof in a civil case and must prove, by a preponderance of the evidence, that the defendant committed the alleged acts and that none of the potential affirmative actions the defendants claim are true. The correct answer is 'False'.

True or False: The rules of evidence apply even if there is no jury.

The rules of evidence apply whether the judge or the jury is the fact finder in a given case. The correct answer is 'True'.

True or False: A judge who fails to follow precedent set by a higher court will lose his or her position.

There is no direct punishment for failing to follow precedent set by a higher court. It is, though, likely that the judge's opinion will be reversed. The correct answer is 'False'.

True or False: A statement is more likely to be considered an express warranty if it is objectively verifiable.

True

True or False: A valid intentional tort case can arise from a bad odor.

True

True or False: Article 2 of the UCC applies to the sale of goods.

True

True or False: Congress can regulate activity as long as, when the aggregate effect of breaking the law is considered, it would have an effect on interstate commerce.

True

True or False: Following the custom of an industry or culture may be evidence that the defendant met the "reasonable person" standard, even if people of a different industry or culture may find this action reckless.

True

True or False: If Congress exercises its authority expressly to preempt state regulation, no state can adopt a law that is essentially the same as the law provided by Congress.

True

True or False: If a car salesmen sells his used lawnmower, he is not considered a merchant for the purposes of Article 2 of the UCC.

True

True or False: If a court in Texas grants a judgment against a debtor, but a court in California finds that Texas did not originally have jurisdiction, California may disregard the Full Faith and Credit Clause.

True

True or False: If someone does not become aware of an injury caused via the negligence of another for more than two years after the negligent act of another, their claim is not waived under the statute of limitations in most states.

True

True or False: In order to prove a claim of negligence, the plaintiff must establish: (1) that the defendant owed the plaintiff a duty of care, (2) that the defendant breached that duty of due care, (3) that the defendant's breach proximately caused the injury, and (4) that the plaintiff suffered injury.

True

True or False: Many state powers are derived from police powers.

True

True or False: Negligence per se can be applied when a court finds an act negligent because an individual has violated a statute.

True

True or False: Protecting a third party's legitimate interests can be a defense to a claim of intentional interference with business relationships.

True

True or False: Some individuals, such as judges and attorneys, may have absolute privilege against defamation. This means that, even if all the elements of defamation are established, they are still immune to any claims of defamation.

True

True or False: Some warranties can be waived simply because the buyer expressly refused to examine the goods.

True

True or False: The UCC does not generally apply to contracts between entities in different countries.

True

True or False: The implied warranty of fitness for a particular purpose can be applied even when the item was used for something other than its usual use.

True

True or False: The implied warranty of merchantability requires only that the goods are of average or medium grade.

True

True or False: Two international parties can agree for their contract for the sale of goods to be ruled by a body of law other than the CISG.

True

True or False: Under § 402A of the UCC, a strict liability claim will not be supported if the suit arises simply because the product fails to perform its ordinary purpose.

True

True or False: Violators of the Consumer Product Safety Act may suffer imposition of both civil and criminal fines.

True

True or False: Individuals are generally not required by law to help a third party when they request aid.

True. Although there are many exceptions, a third party generally has no legal obligation to assist a third party.

True or False: Jordan files a class action suit against MAC. The total value of the class action suit will likely be greater than $5 million, but Jordan stipulates that the class will not seek damages in excess of $5 million. MAC cannot remove the case to federal court.

Under CAFA, simply stipulating that a class will not have damages exceeding $5 million does not preclude the defendant from removing the case to federal court. This is because a named plaintiff cannot limit the damages of all the other members of the class, as stated in Standard Fire Ins. Co. v. Knowles, 133 S.Ct. 1345. The correct answer is: False

True or False: John was dissatisfied with the work environment he had to endure while working at B12. John had to work in a building where the A/C was never put below 75 degrees. Under the Fair Labor Standards Act (FLSA), a piece of federal legislation outlining certain practices which employers engaged in interstate commerce can and cannot do, an employee has the ability to bring a lawsuit against a company if the company fails to meet certain standards. These standards include a mandatory minimum wage, overtime regulations, and child labor regulations. John would be able to sue under the FLSA.

Under the rule of interpretation known as expressio unius est exclusio alterius, it is assumed that when there is a list of certain items, the exclusion of others is presumed to be intentional. Therefore, because the FLSA allows for a suit arising from violation of minimum wage laws, overtime regulations, or child labor regulations, it is implied that other issues, such as uncomfortable working conditions, are excluded from being enforced under the act. The correct answer is 'False'.

True of False: As long as the court has proper personal jurisdiction and subject matter jurisdiction, the case can properly be tried there.

Venue must be properly laid and the court cannot violate the doctrine of forum non conveniens, or any equivalent doctrine or statute, in order for the case to properly tried in a given forum. The correct answer is: False

True or False: When an equitable claim and a legal claim are tried together, both claims are determined purely by the judge.

When an equitable and a legal claim are tried together, the jury makes the determination regarding the legal claim. The correct answer is: False

True or False: A corporation can be held criminally liable for any act of its employees.

false

True or False: Company Insiders are the only type of people who owe a duty to disclose or abstain.

false

True or False: Congress is allowed to force individuals into commerce and regulate that interstate activity.

false

True or False: In order to be convicted of a criminal offense, an act must be performed.

false

True or False: In order to win a suit, criminal or civil, intent to perform the action in question is required.

false

True or False: The Privileges and Immunities Clause applies only to individuals and not to corporations.

true

True or False:Corporate Officers can sometimes be held liable for the criminal acts of their employees, even if the officer had no knowledge of the employee's acts.

true

True or False:Federal Preemption can apply to conflicts that don't involve the Commerce Clause.

true

True or False:The government can legally force you to sell your property to them.

true