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Quiz #2: Chapter 5 & 6, chapter 5, Chapter 6 Torts and Strict Liability, B Law Ch 5 Questions, chapter 4 questions review, Biz Law Test 2: Chapter 3, assessment 2, Bis Law Ch. 4,5,, Business Law Midterm, Quiz 2, Chapter 4 Business Law, Ch. 4 Alternat...

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A person driving over the prescribed speed limit in a suburban area hits and injures a pedestrian jaywalking against a red "Do Not Walk" sign. The jury finds that the driver was 80 percent responsible for the accident and the jaywalker was 20 percent responsible. The pedestrian suffered $100,000 in injuries. If the state in which this case is heard adopts the doctrine of comparative negligence to interpret such cases, the pedestrian is entitled to recover ________.

$80,000 from the driver

Which of the following statements about administrative agencies is NOT true?

****This is a trick question: none of the other four choices is a correct response to the question prompt. While the question prompt is asking for the one example that is NOT a true statement concerning administrative agencies, all four choices above are, indeed, TRUE statements about administrative agencies. In other words, because all four of the options listed above are true, the only way to answer the question is "none of the above."******* Many administrative agencies have the power to investigate. Some administrative agencies are permitted to make rules that meet standards set by statute. Generally, the agencies of the United States federal government have been created by statutes enacted by Congress and are part of the federal government's executive branch. Typically, state administrative agencies control the licensing of professionals, such as doctors or teachers.

Motion for Summary Judgment

- A motion that asserts that there are no factual disputes to be decided on by the jury; in such case the judge can apply the proper law to the undisputed facts and decide the case without a jury. These motions are supported by affidavits.

Rebuttal and Rejoinder

- After the defendant's case, the plaintiff's attorney can call witnesses and put forth evidence to rebut the defendant's case (Rebuttal). The defendant's attorney can call additional witnesses (Rejoinder).

Entry of Judgment

- After the jury has returned its verdict, the judge will enter judgment to the successful party, based on the verdict. - The court may overturn the verdict if it finds bias or jury misconduct---- this is called judgment notwithstanding the verdict J.N.O.V - Order remittitur reduction of any damages awarded if the judge finds the jury to have been biased or emotional.

Closing Arguments

- At the conclusion of the presentations of the evidence each party is allowed to make a closing argument to the jury.

Motion for Judgment on the Pleadings

- Can be made by either party once the pleadings are complete. If all the facts presented are taken as true, the party making the motion will win the lawsuit when the proper law is applied to these asserted facts.

Opening Statement's

- Each party's attorney is allowed to make an opening statement to the jury (Summarizes the main factual and legal issues of the case; IS NOT EVIDENCE)

Appeal

- Either party can appeal the trial court's decision once a final judgment is entered. - A notice of appeal must be filed within prescribed time after judgment is entered (60-90 days). - Appealing party is the appellant - An appellate court will reverse a lower court decision if it finds an error of Law

Settlement Conference

- Federal court rules and most state court rules permit the court to direct the attorneys or parties to appear before the court for a settlement conference or pretrial hearing. - If no settlement is reached the pretrial hearing is used to identify the major issues and other relevant factors. - More than 90% of all cases are settled before they go to trial.

Minitrial

- Is a session in which the lawyers for each side present their cases to representatives of each party who have the authority to settle the dispute. The parties hire a neutral person (e.g. retired judge)

Jury Selection

- Is selected from voter or automobile registration list. Once the appropriate number of jurors is selected (6-12) they are impaneled to hear the case and sworn in.

Phases of a Trial

- Jury Selection - Opening Statements - Plaintiff's Case - Defendant's Case - Rebuttal and Rejoinder - Closing Arguments - Jury Instructions - Jury Deliberation - Entry of Judgment

Plaintiff's Case

- Plaintiff bears de burden of proof. The attorney will call witnesses to give testimony (Direct examination). After the defendant's attorney can question the witness (Cross-Examination). Only questions about the subjects that were brought up during the D. Examination. Finally the plaintiff's attorney can ask again questions to the witness (Redirect Examination).

Federal Arbitration Act

- The FAA permits one party to obtain a court order to compel arbitration if the other party has failed or refused to comply with an arbitration agreement.

Defendant's Case

- The defendant must rebut the plaintiff's evidence, prove any affirmative defenses, prove any allegations contained in the cross-complaint

Jury Instructions

- The judge reads the jury instructions (or charges) to the jury. Inform the jury about what law to apply when they decide the case.

Mediation

- The parties choose an impartial third party to act as the mediator of the dispute. A mediator does not make a decision, he acts as a conveyor.

Conciliation

- The parties choose an interested third party.

Arbitration

- The parties chose an impartial third party to hear and decide the dispute (arbitrator) are usually selected from members of the American Arbitration Association (AAA). - After the hearing the arbitrator enters an award. The parties often agree in advance to be bound by the award.

Trial

- US Constitution warrants the right to a jury trial. - If either party requests a jury, the trial will be by jury. - If both parties waive their right to a jury, the trial will occur without a jury.

A medical doctor who amputates the wrong arm may be held liable for which of the following? A) medical malpractice B) an intentional tort C) strict liability D) wrongful amputation E) breach of contract

A person driving over the prescribed speed limit in a suburban area hits and injures a pedestrian jaywalking against a red "Do Not Walk" sign. The jury finds that the driver was 80 percent responsible for the accident and the jaywalker was 20 percent responsible. The pedestrian suffered $100,000 in injuries. If the state in which this case is heard adopts the doctrine of contributory negligence to interpret such cases, the pedestrian is entitled to recover ________. A) no damages from the driver B) $100,000 from the driver C) $20,000 from the driver D) $80,000 from the driver

A(n) ________ is a document for a person's detainment that is based on a showing of probable cause that the person committed a crime. A) arrest warrant B) possessory warrant C) no-knock warrant D) execution warrant

A(n) ________ test is applied to classifications of people based on a suspect class. A) strict scrutiny B) intermediate scrutiny C) rational basis D) cogent basis

According to the doctrine of ________, a participant in a covered activity will be held liable for any injuries caused by the activity, even if he or she was not negligent. A) strict liability B) assumption of risk C) comparative negligence D) contributive negligence

An equal protection challenge to a statute that treats adults of different ages differently would be decided by using what standard? A) intermediate scrutiny B) majority scrutiny C) strict scrutiny D) rational basis scrutiny E) limited scrutiny

Assume that a federal regulation is adopted that requires bicycle manufacturers to disclose the weight of the largest frame size, fully equipped for riding, when they advertise the weight of a bicycle. If this requirement is challenged under freedom of speech, which of the following is most likely to occur? A) It would be found to be an acceptable regulation of commercial speech. B) It would be found to be an unacceptable prohibition of commercial speech. C) The court would not consider the case because this advertising is not political speech. D) The court would evaluate the restriction using strict scrutiny. E) There would be no violation because this does not prohibit speech, but requires it in certain circumstances.

Assume that the state of Kansas passes a law requiring all inline skates sold in Kansas to have disc brakes. Assume that there are no federal regulations covering inline skate design. Assume also, that the required disc brakes would make inline skates easier to stop and thus safer, but that they would add considerably to the cost of the skates and require extensive changes in design to meet the Kansas requirements. Which of the following is most likely true? A) Even though there are no federal regulations on the design of inline skates, the Kansas statute would probably be considered a burden on interstate commerce and thus unconstitutional. B) Because the required modification is a better design, the law would be constitutional. C) Because the statute does not conflict with a federal statute or regulation, it could not be found to be unconstitutional. D) If all manufacturers of inline skates stopped selling them in Kansas, there could be no constitutional violation because interstate commerce would not be involved.

For which of the following torts are the general requirements for the plaintiff's case dependent on whether or not the plaintiff is a public figure? A) defamation B) invasion of the right to privacy C) intentional infliction of emotional distress D) both A and B E) A, B, and C

Gary Govetty is a famous movie star. A tabloid published an interview with his ex-girlfriend in which she falsely claimed that Gary was completely bald and had been wearing a wig for several years. Gary can sue his ex-girlfriend for ________. A) slander B) invasion of the right to privacy C) tort of appropriation D) negligent infliction of emotional distress

If a lawyer fails to file a document with the court on time, causing his client's case to be dismissed, he would be liable for ________. A) professional malpractice B) intentional misrepresentation C) tort of appropriation D) breach of the duty of care

Jerome wears a t-shirt that bears a picture of the current U.S. president. Under this picture, there are words which imply that the President is doing a bad job of running the country. In accordance to the Freedom of Speech Clause, which of the following is valid? A) Criticizing the current president is fully protected speech and Jerome cannot be prosecuted. B) Jerome could be arrested as his t-shirt violates the Freedom of Speech doctrine. C) Jerome wearing that t-shirt is an instance of limited protected speech. D) Wearing that t-shirt makes Jerome liable for prosecution on the basis of defamatory language.

Jerome wears a t-shirt that bears a picture of the current U.S. president. Under this picture, there are words which imply that the President is doing a bad job of running the country. In accordance with the Freedom of Speech Clause, which of the following is an accurate statement? A) Criticizing the current president is fully protected speech and Jerome cannot be prosecuted. B) Jerome could be arrested as his t-shirt violates the Freedom of Speech doctrine. C) Jerome wearing the t-shirt is an example of limited protected speech. D) Wearing the t-shirt makes Jerome liable for prosecution on the basis of defamation.

John Harley was on his way home when an assailant stopped his car and threatened to physically harm him if he ever saw him drive on that street again. John can sue the assailant to recover damages for ________. A) assault B) battery C) libel D) disparagement

Product disparagement differs from defamation of a nonpublic figure in that: A) intent is required for the disparagement case, but not in the defamation case B) intent is required for the defamation case, but not in the disparagement case C) publication to a third party is required in the disparagement case, but not in the defamation case D) publication to a third party is required in the defamation case, but not in the disparagement case E) both A and D

Ruggers is a maker of a range of highly popular cruise motorcycles. Tim buys a Ruggers motorcycle from a dealership and suffers an accident. While recuperating from his injuries, he learns that Ruggers has recalled all motorcycles it had manufactured and sold in the previous two years, owing to a previously unknown defect in their braking systems. Tim brings a product liability lawsuit against the motorcycle manufacturer and claims $50,000 in damages. The defect in the motorcycle is found to be half responsible for the accident, while Tim's own negligence of traffic rules contributed to the rest. Under the doctrine of contributory negligence, what would be the ruling of the court hearing this case? A) Tim cannot recover any damages from the motorcycle manufacturer. B) Tim can recover $25,000 worth of damages from the Ruggers and the rest from the dealership from which he purchased the motorcycle. C) Tim can recover $50,000 worth of damages plus any punitive damages that may be awarded by the jury. D) Tim can recover $50,000 worth of damages from the motorcycle manufacturer.

Sending an objectionable telegram to a third party and signing another's name constitutes the tort of ________. A) invasion of the right to privacy B) defamation of character C) battery D) intentional misrepresentation

The Indian Gaming Regulatory Act sets the terms of ________ activities on tribal land. A) casino gambling B) hunting and gathering C) agriculture and animal rearing D) mining

The ________ provides that federal law takes precedence over state or local law. A) Preemption doctrine B) Bill of Rights C) Due Process Clause D) Free Exercise Clause

The ________ requires that the government give a person proper notice and hearing of legal action before that person is deprived of his or her life, liberty, or property. A) procedural due process B) substantive due process C) Supremacy Clause D) Equal Protection Clause

The concept of federal law taking precedence over state or local law is commonly called the ________. A) Preemption doctrine B) Bill of Rights C) Due Process Clause D) Free Exercise Clause

The doctrine applied when someone intends to cause injury to a certain person, but instead actually causes that injury to a different person is: A) transferred intent B) innocent bystander C) multiple victim D) misplaced consequence E) res ipsa loquitur

The doctrine that is applied when a defendant violates an existing statute intended to prevent the injury in question to persons of a class that includes the plaintiff is: A) negligence per se B) res ipsa loquitur C) proximate cause statute D) concurrent statutory violation

The federal government's Social Security program, which pays benefits to older members of society but not to younger members of society, is lawful as examined by a(n) ________ test. A) rational basis B) intermediate scrutiny C) strict scrutiny D) due process

The legal effect of the presence of a superseding event is that: A) the defendant is not liable even if the plaintiff has proved all the elements of negligence B) the plaintiff and defendant will share liability C) the burden of proof shifts from the plaintiff to the defendant D) intent must be proven in addition to the elements of negligence

The legislative branch of government is referred to as ________ as it is comprised of the Senate and the House of Representatives. A) bicameral B) parliament C) electoral D) fully represented E) bipartisan

There are extensive federal regulations covering airplanes and pilots. Assume that the state of Missouri passes a statute containing numerous requirements, some conflicting with the federal rules, covering the licensing of airplane pilots and the operation of aircraft. A pilot's constitutional challenge to this statute would most likely succeed on the basis of: A) the preemption doctrine B) strict liability C) substantive due process D) the state police power

What does a guest statute provide? A) that a driver who has voluntarily given a ride to a passenger without compensation is not liable to the passenger for ordinary negligence B) that someone serving alcohol to guests in the home is liable if the alcohol causes the guest to become intoxicated and injure another person while intoxicated C) that tavern owners are strictly liable for alcohol related injuries caused by tavern guests who were served alcohol at the tavern D) that homeowners cannot be sued by their social guests for injuries incurred while the guests were in the homeowner's home with permission

What type of commercial speech did the U.S. Supreme Court say was protected in the Greater New Orleans Broadcasting Association, Inc. v. United States case? A) information on gambling and lotteries B) obscene speech C) information about child pornography D) information on how to build a bomb

When the states ratified the Constitution, they delegated ________ powers to the federal government. A) enumerated B) reserved C) police D) statutory

Which best describes assumption of the risk in a negligence case? A) The plaintiff knowingly and willingly subjected herself to a risk, and by doing so, is not able to collect from a defendant even if all of the elements of negligence are present. B) The defendant gave advance warning to the plaintiff that an injury would occur. C) The plaintiff is more at fault than the defendant in causing the accident. D) The plaintiff was involved in an abnormally dangerous activity. E) The defendant knew that the conduct was risky, but nonetheless chose to engage in it.

Which is true regarding the tort of trespass to land? A) A person who enters another's land without permission is liable to the landowner even if the landowner was not using the land at the time and there was no damage to the land. B) A person cannot be liable for trespass to land if that person was not told, either directly by the owner or by means of a sign, to stay off the property. C) So long as a person stays away from the portions of land that the owner is currently using, there can be no trespass to land. D) So long as a person originally entered the land of another with the permission of the owner, there can be no trespass to land if the nonowner stays beyond the period of permission granted by the owner.

Which of the following best describes the tort of battery? A) unauthorized and harmful or offensive physical contact with another person that causes injury B) an action that arouses reasonable apprehension of imminent harm C) oral or written defamation of another person's character D) intentional confinement or restraint of another person without that person's consent

Which of the following does not receive protection under the U.S. Constitution? A) obscene speech B) offensive speech C) both obscene speech and offensive speech D) neither obscene speech nor offensive speech

Which of the following is considered to be fully protected speech under the U.S. Constitution? A) political speech only B) political speech and commercial speech C) offensive speech and commercial speech D) commercial speech only E) political speech, commercial speech, and offensive speech

Which of the following is correct regarding freedom of religion under the U.S. Constitution? A) It comes from the Establishment Clause as well as the Free Exercise Clause. B) It applies only to those religions in existence on the date the Constitution became effective. C) It gives practitioners of any religion absolute rights to take part in actions that are based on that religion. D) It allows the government to establish an official religion or religions so long as citizens remain free to practice any other religion they choose.

Which of the following is not correct with regard to commercial speech? A) The government cannot regulate commercial speech. B) The government can regulate the time of commercial speech, but cannot prevent it. C) The government can regulate the place of commercial speech, but cannot prevent it. D) The government can regulate the manner of commercial speech, but cannot prevent it.

Which of the following is true about how courts address equal protection cases? A) If a law treats different groups differently, the court determines whether the difference in treatment is justified using one of three different levels of scrutiny. B) If a law treats different groups differently, the law will be invalidated. C) If a law treats different groups differently, it will be acceptable so long as there is adequate notice to the persons affected. D) Laws that affect persons differently based on race, gender, or age will be invalidated; laws that affect persons differently based on other factors will be deemed acceptable. E) If a law treats a particular group more favorably than others, it will be acceptable, but if a law treats a particular group less favorably than others, it will be invalidated.

Which of the following is true about the duty of care? A) Breach of duty of care is not actionable unless the plaintiff suffers injury or injury to his or her property. B) Reasonable person standard is used to determine the amount of damages that a defendant owes a plaintiff. C) A firefighter who refuses to put out a fire when his safety is not at stake does not breach his duty of care. D) The damages recoverable for breach of the duty of care are independent of the effect of the injury on the plaintiff's life or profession.

Which of the following is true about the duty of care? A) Breach of the duty of care is not actionable unless the plaintiff suffers personal injury or injury to his or her property. B) The reasonable person standard is used to determine the amount of damages that a defendant owes a plaintiff. C) A firefighter who refuses to put out a fire when his safety is not at stake does not breach his duty of care. D) The damages recoverable for breach of the duty of care are independent of the effect of the injury on the plaintiff's life or profession.

Which of the following is true? A) Slander and libel are two kinds of defamation. B) Defamation and slander are two kinds of libel. C) Defamation and libel are two kinds of slander. D) Slander and libel are two terms for the same tort, and defamation is a different tort altogether. E) Slander, libel, and defamation are three terms with the same meaning.

Which of the following is/are enacted under state police power? A) personal property laws B) intellectual property laws C) corporate governance laws D) equal opportunity laws

Which of the following provisions is made by the Due Process clauses? A) No person shall be deprived of life, liberty, or property without due process of the law. B) No state can regulate foreign trade directly or indirectly without due process of the law. C) Motions for amendments to the constitution cannot be made without a majority in the parliament. D) Violation of freedom of speech makes the violator liable for immediate prosecution with due process of the law.

Which of the following statements is true of the United States' Foreign Commerce Clause? A) Regulation of foreign commerce by state governments is unconstitutional. B) A state can enact a law that forbids a foreign country from doing business in that state, if that country engages in activities that are not condoned by that state. C) Direct regulation of foreign commerce by the federal government violates the Commerce Clause. D) A state government is only permitted to regulate foreign trade indirectly.

________ is a doctrine that raises a presumption of negligence and switches the burden to the defendant to prove that he or she was not negligent. A) Res ipsa loquitur B) Negligence per se C) Doctrine of proximate cause D) Doctrine of comparative negligence

________ is a doctrine that raises a presumption of negligence and switches the burden to the defendant to prove that he or she was not negligent. A) Res ipsa loquitur B) Negligence per se C) The doctrine of proximate cause D) The doctrine of comparative negligence

________ is a statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations. A) A Good Samaritan law B) Assumption of the risk C) The duty of care D) Res ipsa loquitur

________ is a statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations. A) Good Samaritan law B) Assumption of the risk C) Duty of care D) Res ipsa loquitur

________ refers to a doctrine that says a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant. A) Contributory negligence B) Comparative negligence C) Comparative fault D) Assumption of risk

________ is a statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations.

A Good Samaritan law

motion for judgment on the pleadings

A ________ alleges that if all the facts presented in the paperwork filed with the court to initiate or respond to the lawsuit are true, the party making the motion would win the lawsuit when the proper law is applied to these facts.

Which of the following is true of electronic mediation or e-mediation?

A chat room is assigned for conversations between both parties and the mediator.

Which of the following is true of a gift promise?

A completed gift promise cannot be cancelled for lack of consideration

Which of the following statements is true about a counteroffer?

A counteroffer terminates the existing offer

Which of the following statements is true about the pretrial litigation process?

A default judgement establishes the defendant's liability.

Which of the following statements is true about the pretrial litigation process?

A default judgment establishes the defendant's liability.

In which of the following cases is a default judgment entered?

A defendant does not file a written response to a plaintiff's complaint

In which of the following cases is a default judgement entered?

A defendant does not file a written response to a plaintiff's complaint.

In which of the following cases is a default judgment entered?

A defendant does not file a written response to a plaintiff's complaint.

In which of the following cases is a default judgement entered?

A defendant does not file a written response to plaintiffs complaint

cross-complaint

A defendant who believes that he or she has been injured by the plaintiff can file a(n) ________ against the plaintiff.

cross-complaint

A defendant who believes that he or she has been injured by the plaintiff can file a(n)________ against the plaintiff.

What is meant by "causatuion in fact"?

A defendant's negligent act that caused the plauintiff's injuries

Which of the following statements is true of a deposition?

A deponent is allowed to correct his or her answers before signing the deposition.

Which of the following statements is true of a deposition?

A deponente is allowed to correct his or her answers before signing the deposition.

Which of the following statements is true of deposition?

A deposition is a written testimony given by a witness during the trial

In which of the following cases does a class action occur?

A group of plaintiffs collectively bring a lawsuit against a defendant

In which of the following cases does a class action occur?

A group of plaintiffs collectively brings a lawsuit against a defendant.

In which of the following cases does a class action occur?

A group of plaintiffs collectively rings a lawsuit against a defendant

Which of the following instances depict the tort of outrage?

A gym teacher verbally abuses an overweight kid in every gym class and the kid suffers severe emotional distress.

class action

A lawsuit where a group of plaintiffs with common claims collectively brings a lawsuit against a defendant is known as a(n) ________.

Which of the following is true of a majority decision made by the U.S. Supreme Court?

A majority of the justices agree as to the outcome and reasoning used to decide a case

What is a patent number?

A number assigned to a patent when it comes under investigation

The statute of limitations establishes the period which:

A plaintiff must bring a lawsuit against a defendant

Which of the following statements is true of patenting a scientific principle?

A scientific principle can only be patented if it is a part of the tangible enviornment.

statute of limitations

A(n) ________ establishes the period during which a plaintiff must bring a lawsuit against a defendant.

A(n) ________ is a document filed by the original plaintiff to answer the defendant's cross-complaint.

deposition

A(n) ________ is oral testimony given by a party or witness prior to trial.

58) Which of the following is true about the duty of care? A) Breach of duty of care is not actionable unless the plaintiff suffers injury or injury to his or her property. B) Reasonable person standard is used to determine the amount of damages that a defendant owes a plaintiff. C) A firefighter who refuses to put out a fire when his safety is not at stake does not breach his duty of care. D) The damages recoverable for breach of the duty of care are independent of the effect of the injury on the plaintiff's life or profession.

A) Breach of duty of care is not actionable unless the plaintiff suffers injury or injury to his or her property

75) ________ refers to a contract provision that designates a certain state's law or country's law that will be applied in any dispute concerning nonperformance of the contract. A) Choice of law clause B) Forum-shopping C) Arbitration clause D) Forum selection clause

A) Choice of law clause

________ refers to a contract provision that designates a certain state's law or country's law that will be applied in any dispute concerning nonperformance of the contract. A) Choice-of-law clause B) Forum-shopping C) Arbitration clause D) Forum-selection clause

A) Choice-of-law clause

73) ________ refers to a doctrine that says a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant. A) Contributory negligence B) Comparative negligence C) Comparative fault D) Assumption of risk

A) Contributory negligence

37) ________ are courts that hear cases of a general nature that are not within the jurisdiction of limited-jurisdiction trial courts. A) Courts of record B) Intermediate appellate courts C) Inferior trial courts D) State supreme courts

A) Courts of record

________ are courts that hear cases of a general nature that are not within the jurisdiction of limited-jurisdiction trial courts. A) Courts of record B) Intermediate appellate courts C) Inferior trial courts D) State supreme courts

A) Courts of record

________ refer to cases arising under the U.S. Constitution, treaties, and federal statutes and regulations. A) Federal question cases B) Diversity of citizenship cases C) Federal crimes cases D) Copyrights and trademarks cases

A) Federal question case

61) ________ refers to cases arising under the U.S. Constitution, treaties, or federal statutes and regulations. A) Federal question cases B) Diversity of citizenship cases C) Federal crimes cases D) Copyrights and trademarks cases

A) Federal question cases

68) ________ is a statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations. A) Good Samaritan law B) Assumption of the risk C) Duty of care D) Res ipsa loquitur

A) Good Samaritan law

67) ________ refers to jurisdiction to hear a case because of jurisdiction over the property of the lawsuit. A) In rem jurisdiction B) Quasi in rem jurisdiction C) Private jurisdiction D) In personam jurisdiction

A) In rem jurisdiction

________ refers to jurisdiction to hear a case because of jurisdiction over the property of the lawsuit. A) In rem jurisdiction B) Quasi in rem jurisdiction C) Private jurisdiction D) In personam jurisdiction

A) In rem jurisdiction

Which of the following is true about a plurality decision of the Supreme Court? A) It settles a case but does not set the precedent for later cases. B) It affirms the decision of the lower court. C) It settles a case and sets the precedent for later cases. D) It causes a case to be reviewed again at a later date.

A) It settles a case but does not set the precedent for later cases.

57) Which of the following is true about a plurality decision of the Supreme Court? A) It settles the case but does not set the precedent for later cases. B) It affirms the decision of the lower court. C) It settles the case and sets the precedent for later cases. D) It causes the case to be reviewed again at later date.

A) It settles the case but does not set the precedent for later cases.

67) ________ is a doctrine that raises a presumption of negligence and switches the burden to the defendant to prove that he or she was not negligent. A) Res ipsa loquitur B) Negligence per se C) Doctrine of proximate cause D) Doctrine of comparative negligence

A) Res ipsa loquitur

51) How are the justices of the U.S. Supreme Court appointed? A) They are nominated by the President and confirmed by the Senate. B) They are appointed by the President of the United States. C) They are nominated and confirmed by the Chief Justice of the Supreme Court. D) They are nominated by the Associate Justices and confirmed by the Chief Justice.

A) They are nominated by the President and confirmed by the Senate.

How are the justices of the U.S. Supreme Court appointed? A) They are nominated by the president and confirmed by the U.S. Senate. B) They are appointed by the president of the United States. C) They are nominated and confirmed by the Chief Justice of the U.S. Supreme Court. D) They are nominated by the Associate Justices and confirmed by the Chief Justice of the U.S. Supreme Court.

A) They are nominated by the president and confirmed by the U.S. Senate.

49) Which of the following courts was created by Article III of the U.S. Constitution? A) U.S. Supreme Court B) U.S. Tax Court C) U.S. Court of Appeals D) U.S. Court of Federal Claims

A) U.S. Supreme Court

43) Which of the following courts are the federal court system's trial courts of general jurisdiction? A) U.S. district courts B) U.S. Tax Courts C) U.S. courts of appeals D) U.S. courts of federal claims

A) U.S. district courts

53) ________ refers to an official notice that the Supreme Court will review a case. A) Writ of certiorari B) Stare decisis C) En banc review D) Sua sponte

A) Writ of certiorari

________ refers to an official notice that the Supreme Court will review a case. A) Writ of certiorari B) Stare decisis C) En banc review D) Sua sponte

A) Writ of certiorari

39) John Harley was on his way home when an assailant stopped his car and threatened to physically harm him if he ever saw him drive on that street again. John can sue the assailant to recover damages for ________. A) assault B) battery C) libel D) disparagement

A) assault

71) Jill wins a lawsuit against Terry in the Wyoming state court. The court passes a judgment for Terry to pay $20,000 to Jill. Immediately after the case is settled, Terry moves to Colorado, where she owns a house, and refuses to pay Jill the money. Which of the following is the best course of action for Jill? A) file a lawsuit against Terry in a Colorado state court to enforce the Wyoming court judgment B) file another case against Terry in the Wyoming state court to collect the money against Terry's property C) file a case against Terry in Wyoming to force Terry to sell her house in Colorado to pay the money D) file a case in the Colorado federal court as this qualifies as a federal question case

A) file a lawsuit against Terry in a Colorado state court to enforce the Wyoming court judgment

48) Sending an objectionable telegram to a third party and signing another's name constitutes the tort of ________. A) invasion of the right to privacy B) defamation of character C) battery D) intentional misrepresentation

A) invasion of the right to privacy

50) The U.S. Supreme Court is composed of ________ justices. A) nine B) six C) ten D) three

A) nine

The U.S. Supreme Court is composed of ________ justices. A) nine B) six C) ten D) three

A) nine

62) If a lawyer fails to file a document with the court on time, causing his client's case to be dismissed, he would be liable for ________. A) professional malpractice B) intentional misrepresentation C) tort of appropriation D) breach of the duty of care

A) professional malpractice

50) Gary Govetty is a famous movie star. A tabloid published an interview with his ex-girlfriend in which she falsely claimed that Gary was completely bald and had been wearing a wig for several years. Gary can sue his ex-girlfriend for ________. A) slander B) invasion of the right to privacy C) tort of appropriation D) negligent infliction of emotional distress

A) slander

76) According to the doctrine of ________, a participant in a covered activity will be held liable for any injuries caused by the activity, even if he or she was not negligent. A) strict liability B) assumption of risk C) comparative negligence D) contributive negligence

A) strict liability

Which of the following courts was created by Article III of the U.S. Constitution? A) the U.S. Supreme Court B) the U.S. Tax Court C) the U.S. Court of Appeals D) the U.S. Court of Federal Claims

A) the U.S. Supreme Court

Which of the following courts are the federal court system's trial courts of general jurisdiction? A) the U.S. district courts B) the U.S. Tax Courts C) the U.S. courts of appeals D) the U.S. courts of federal claims

A) the U.S. district courts

40) Which of the following best describes the tort of battery? A) unauthorized and harmful or offensive physical contact with another person that causes injury B) an action that arouses reasonable apprehension of imminent harm C) oral or written defamation of another person's character D) intentional confinement or restraint of another person without that person's consent

A) unauthorized and harmful or offensive physical contact with another person that causes injury

Which of the following statements is true of the tort of assault?

Actual physical contact between plaintiff and defendant is not necessary.

Which of the following statements is true of the tort of assault?

Actual physical contact between plaintiff and defendant is not necessay

A customer buys a faulty brake manufactured by TurboDiezel, Inc. from Allenby Spares and is involved in an accident due to the use of the faulty brake in his vehicle. Which of the following is true in this situation?

Allenby Spares can be held strictly liable for the faulty brake as it is part of the distribution chain

Allenby Spares, Inc. is a shop that sells spare automotive parts from various manufacturers. A customer buys a faulty brake manufactured by TurboDiezel, Inc. from Allenby Spares and is involved in an accident due to the use of the faulty brake in his vehicle. Which of the following is true in this situation?

Allenby Spares can be held strictly liable for the faulty brake as it is part of the distribution chain.

________ hears appeals from trial courts.

An intermediate appellate court

Which of the following terms denotes the defendants written response to a plaintiff's complaint that is filed with the court and served?

Answer

When and how can a plaintiff claim damages if the defendant has breached a duty of care?

Answer: Even though a defendant's negligent act may have breached a duty of care owed to the plaintiff, this breach is not actionable unless the plaintiff suffers injury or injury to his or her property. That is, the plaintiff must have suffered some injury before he or she can recover any damages. The damages recoverable depend on the effect of the injury on the plaintiff's life or profession.

Explain the torts of appropriation and invasion of the right to privacy with examples.

Any attempt by another person to appropriate a living person's name or identity for commercial purposes is actionable. The wrongdoer is liable for the tort of misappropriation of the right to publicity (also called the tort of appropriation). For example, if an advertising agency places Megan Fox's photo on a billboard advertising a product without Megan Fox's permission, it has engaged in the tort of misappropriation of the right to publicity. The law recognizes each person's right to live his or her life without being subjected to unwarranted and undesired publicity. A violation of this right constitutes the tort of invasion of the right to privacy. If a fact is public information, there is no claim to privacy. Secretly taking photos of another person with a cell phone camera in a men's or women's locker room would constitute invasion of the right to privacy.

Explain the torts of appropriation and invasion of the right to privacy with examples.

Which of the following statements about the powers of state and federal governments associated with the Commerce Clause is true?

Any direct regulation of foreign commerce by state governments would likely be found unconstitutional.

Which of the following statements is true of the Supremacy Clause of the U.S. Constitution?

Any state or local law that "directly and substantially" conflicts with valid federal law is preempted

Which of the following statements is true to the Supremacy Clause of the U.S. Constitution?

Any state or local law that "directly and substantially" conflicts with valid federal law is preempted.

Which of the following statements is true about appellate courts?

Appellate courts permit brief oral arguments between attorneys.

Which of the following statements is true of battery?

Assault and battery often occur together.

How is assault different from battery?

Assault is (1) the threat of immediate harm or offensive contact or (2) any action that arouses reasonable apprehension of imminent harm. Actual physical contact is unnecessary. Battery is unauthorized and harmful or offensive physical contact with another person that causes injury. Direct physical contact, such as intentionally hitting someone with a fist, is battery. Indirect physical contact between the victim and the perpetrator is also battery, as long as injury results.

________ is a defense a defendant can use against a plaintiff who knowingly and voluntarily enters into or participates in a risky activity that results in injury.

Assumption of the risk

) The president is elected by A) congress B) the electoral college C) the Supreme Court D) popular vote E) lottery

) Which of the following is correct with respect to freedom of speech? A) All speech receives the same degree of Constitutional protection. B) Some speech is not protected. C) Commercial speech receives no protection due to its profit motive. D) Most speech critical of the government can be restricted because such speech can be destabilizing.

A pedestrian trips and falls on a poorly lighted sidewalk in front of Kate Geller's house and is injured. If the pedestrian sues for damages, which of the following parties is would be liable to pay the damages? A) the civic authority B) Kate Geller C) the residents' association of the locality D) the pedestrian

A pedestrian trips and falls on a poorly lit sidewalk in front of Kate Geller's house and is injured. If the pedestrian sues for damages, which of the following parties would most likely be liable to pay the damages? A) the civic authority B) Kate Geller C) the residents' association of the locality D) the pedestrian

A state enacts a statute that permits one minute of mediation or voluntary prayer at the beginning of the school day. Does the law violate the Constitution? A) No; participation is voluntary. B) Yes; the Act violates the Establishment Clause. C) Yes; the Act violates the Free Exercise Clause. D) Yes; the Act violates the Equal Protection Clause.

Advertising is categorized as ________ speech. A) fully protected B) limited protected C) uncensored D) unprotected

An organization provides six months of maternity leave to its female employees, whereas its male employees can avail paternity leave for a maximum of two weeks. Which of the following tests is used to examine the lawfulness of this classification? A) rational basis B) intermediate scrutiny C) strict scrutiny D) cogent basis

Assume that a law is passed that establishes airline security screening requirements for male passengers that differ from the requirements for female passengers. In evaluating an equal protection challenge to this law, a court would use: A) strict scrutiny B) intermediate scrutiny C) limited scrutiny D) the rational basis test

Assume that a state passes a statute that prevents the disclosure of the horsepower of automobile engines. The purpose of this law is to prevent the car companies from trying to market cars with more horsepower than those of their competitors. This statute would most likely be found to: A) be constitutional under state police power B) be viewed as an unconstitutional restriction of commercial speech C) violate the Equal Protection Clause under intermediate scrutiny D) be found to violate substantive due process E) be found to violate procedural due process

Cindy was riding her bicycle on a paved bike path and had an accident with another cyclist. Cindy's $1,000 bicycle was destroyed in the accident. If the jury determined that Cindy was 60 percent at fault and the other cyclist 40 percent at fault, under which doctrines would Cindy be entitled to recover $400 from the other cyclist? A) contributory negligence only B) pure comparative negligence only C) partial comparative negligence only D) either form of comparative negligence, but not contributory negligence E) either form of comparative negligence as well as under contributory negligence

George, Jerry, and Harry are passengers on a flight from Chicago to New York. They injure their legs when their seatbelts do not fasten during take-off. The airline is sued by all three together for injuries caused and the airline is found to be negligent and is directed by the court to pay damages to the injured parties. Which of the following parties is entitled to recover maximum damages? A) George, a retired professor who gets a pension of $50,000 a year B) Jerry, a football player who earns $2 million a year C) Harry, a chartered accountant who earns $200,000 a year D) All the men recover the same amount of damages, irrespective of their income or profession.

George, Jerry, and Harry are passengers on a flight from Chicago to New York. They injure their legs when their seatbelts do not fasten during take-off. The airline is sued by all three together for injuries caused, and the airline is found to be negligent and is directed by the court to pay damages to the injured parties. Which of the following parties is entitled to recover maximum damages? A) George, a retired professor who gets a pension of $50,000 a year B) Jerry, a football player who earns $2 million a year C) Harry, a chartered accountant who earns $200,000 a year D) All the men recover the same amount of damages, irrespective of their income or profession.

How is false imprisonment defined? A) being held in jail when no formal charges have been filed B) the intentional confinement or restraint of another without authority of justification and without that person's consent C) the holding in prison of one who was convicted of a crime that the person did not commit D) a confinement caused when one accidentally causes another to be confined without that person's consent

If the federal government has chosen not to regulate an area of interstate commerce that it has the power to regulate under its Commerce Clause powers, this area of commerce is subject to the ________. A) Free Exercise clause B) Dormant Commerce clause C) Due Process clause D) Privileges and Immunities clause

If there is an area of interstate commerce that the federal government has chosen not to regulate, the states can: A) regulate without restriction in that area B) regulate in that area so long as the state law does not unduly burden interstate commerce C) regulate in that area so long as it first gets the requisite approval from Congress D) not regulate in that area because states cannot pass laws affecting interstate commerce E) not regulate in that area because the federal government's decision to not regulate in an area implies that there is to be no regulation in that area at any level

In order to claim damages for negligence per se, the plaintiff has to prove that ________. A) the defendant was in exclusive control of the situation B) the plaintiff was within a class of persons meant to be protected by the violated statute C) the defendant made a false representation of material fact D) the plaintiff was affected by malicious statements made by the defendant about his/her character

Jintopia is a country in which the federal government and the twelve state governments share powers. The form of government in Jintopia is ________.

Libel and slander constitute ________. A) the tort of outrage B) defamation of character C) the tort of appropriation D) intentional misrepresentation

One student actor wins a part in a play over another student actor. To get back at the winning student, the rejected student files a lawsuit against the winning student alleging intentional infliction of emotional distress, defamation, and negligence. The jury returns a verdict exonerating the defendant. The defendant is now entitled to sue the plaintiff for ________. A) tort of outrage B) malicious prosecution C) intentional misrepresentation D) misappropriation of the right to publicity

Powers that are not specifically delegated to the federal government by the United States Constitution: A) are held both by the states and by the federal government B) last clear chance C) are reserved to the federal government D) can be delegated by the U.S. Supreme Court to either the states or the federal government E) cannot be exercised by either the states or the federal government

Prado Loyola is a race-car driver who has signed an agreement with the racing team Provolt, stating that Provolt is not responsible for the dangers involved in racing and that Loyola participates in all car races voluntarily, with full knowledge of the risk of injury or death that might result as a consequence. During the course of the race, a slight drizzle that covers the windshield affects Loyola's visibility and he misses a turn, resulting in a crash. Which of the following defenses can the Provost team cite to protect itself from liability in the event that Loyola sues them? A) res ipsa loquitur B) assumption of the risk C) private necessity D) breach of the duty of care

Sandy lives on the top floor of a 10-story building in a big city. There is a 30-story apartment building under construction next door to her building. One morning while eating her corn flakes, a brand new toilet comes crashing through the roof of Sandy's apartment and injures her. She would like to sue the construction firm, but has no way of finding out or proving what persons were involved or exactly what happened. The doctrine that would most help Sandy is: A) last clear chance B) res ipsa loquitur C) strict liability D) comparative negligence E) negligence per se

Santo belongs to the Eliok tribe in an Indian reservation in southern Nevada. He wants to open a casino in the reservation. However, the state authority denies the tribe permission to open a casino in its own territory. Which of the following permits the tribe to bring suit in federal court and force the state to comply? A) Establishment Clause B) Indian Gaming Regulatory Act C) Dormant Commerce Clause D) Indian Reorganization Act

Since declaring independence, the current U.S. Constitution is the ________ document to set out the general operations of the government. A) first B) second C) third D) fourth

The Privileges and Immunities Clause provides which of the following? A) It is a privilege to be granted immunity from a criminal prosecution. B) States must generally treat nonresidents as favorably as residents. C) Corporations receive most of the same constitutional protections as individuals. D) The government is not subject to being sued unless the constitutional matter is a right rather than a privilege. E) An individual has the privilege of practicing any religion, and is immune from any government interference with that right.

The ________ requires that government statutes, ordinances, regulations, and other laws be clear on their face and not overly broad in scope. A) procedural due process B) substantive due process C) intermediate scrutiny test D) rational scrutiny test

The customer of a store who is at the store for purposes of doing business would be classified as what type of visitor while on the store's premises? A) a licensee B) an invitee C) a trespasser D) a guest

The doctrine that shifts the burden of proof from the plaintiff to the defendant is: A) negligence per se B) res ipsa loquitur C) apparent negligence D) Good Samaritan

The lawfulness of government classifications based on a protected class is examined using a(n) ________ test. A) strict scrutiny B) intermediate scrutiny C) rational basis D) cogent basis

The legislative branch of the U.S. federal government is ________. A) monocameral B) bicameral C) tricameral D) polycameral

The number of ________ to which a state is entitled can change over time. A) Senators B) Representatives C) both Senators and representatives D) Supreme Court justices

The term ________ refers to a defense that says a person who is injured by a defective product but has been negligent and is partially responsible for his or her own injuries cannot recover from the defendant. A) comparative negligence B) contributory negligence C) assumption of the risk D) negligence per se

The threat of immediate harm or offensive contact is termed as ________. A) battery B) assault C) disparagement D) libel

Under the ________ doctrine, damages are apportioned according to fault. A) Contributory negligence B) Comparative fault C) Proximate cause D) Assumption of risk

What is meant by "causation in fact"? A) the facts stated by a plaintiff during trial B) a defendant's negligent act that caused the plaintiff's injuries C) a defendant's defense against a case of negligence D) a defendant's plea of guilt due to negligence

Which of the following instances depict the tort of outrage? A) A farmer's crops are set on fire by an unidentified miscreant. B) A gym teacher verbally abuses an overweight kid in every gym class and the kid suffers severe emotional distress. C) A cosmetics company uses Julia Roberts' image without her consent to depict her as its brand ambassador. D) A beverage-manufacturer claims that its competitor uses coffee beans of poor quality.

Which of the following is a form of unprotected speech? A) offensive speech B) defamatory language C) commercial speech D) political speech

Which of the following is not one of the general categories of torts? A) strict liability B) rational C) negligence D) intentional

Which of the following is true about the tort of invasion of the right to privacy? A) The tort is actionable only by public figures. B) True statements or facts that are disclosed can support a claim for the invasion of the right to privacy. C) Once a fact has become public, its disclosure cannot thereafter support a claim for the invasion of the right to privacy. D) The tort requires that the defendant entered the plaintiff's home or place of business to acquire the information that was disclosed.

Which of the following statements is true about the freedom of speech guaranteed by the Bill of Rights? A) The Freedom of Speech Clause was added to the Constitution in the third amendment. B) The Freedom of Speech Clause protects speech only, not conduct. C) There is no provision for fully protected speech in the Constitution. D) Burning the American flag in protest to a federal government military action is in violation of the Freedom of Speech Clause.

Which of the following statements is true about the freedom of speech guaranteed by the Bill of Rights? A) The Freedom of Speech clause was added to the Constitution in the third amendment. B) The Freedom of Speech clause protects speech only, not conduct. C) There is no provision for fully protected speech in the Constitution. D) Burning the American flag in protest to a federal government military action is in violation of the Freedom of Speech clause.

Which of the following statements is true of battery? A) Battery refers to intentional infliction of emotional distress. B) Assault and battery often occur together. C) Actual physical contact is not necessary for a tort to be termed as battery. D) Indirect physical contact between the victim and the perpetrator is not battery.

Which of the following statements is true of the Supremacy Clause of the U.S. Constitution? A) A particular federal statute cannot exclusively regulate a specific area or activity. B) Any state or local law that "directly and substantially" conflicts with valid federal law is preempted. C) A particular federal statute can expressly provide for exclusive jurisdiction. D) Any state or local law that "directly and substantially" conflicts with valid federal law is held valid until such a time that the relevance of the federal law is tested and held in harmony with the cultural diversity in the state.

While Jack is attending a baseball game cheering for the home team, a fan of the other team sneaks up behind him and hits Jack on the head with a hard piece of pizza crust, injuring Jack. Jack has no idea he is about to be hit and is severely embarrassed when his friends see that he was injured by a pizza crust. Which of the following torts has the fan committed? A) assault B) battery C) assault and battery D) battery and negligent infliction of emotional distress E) assault, battery, and negligent infliction of emotional distress

________ refers to an attempt by another person to take over a living person's name or identity for commercial purposes. A) Invasion of the right to privacy B) Tort of appropriation C) Defamation of character D) Disparagement

53) Which of the following instances depict the tort of outrage? A) A farmer's crops are set on fire by an unidentified miscreant. B) A gym teacher verbally abuses an overweight kid in every gym class and the kid suffers severe emotional distress. C) A cosmetics company uses Julia Roberts' image without her consent to depict her as its brand ambassador. D) A beverage-manufacturer claims that its competitor uses coffee beans of poor quality.

B) A gym teacher verbally abuses an overweight kid in every gym class and the kid suffers severe emotional distress

42) Which of the following statements is true of battery? A) Battery refers to intentional infliction of emotional distress. B) Assault and battery often occur together. C) Actual physical contact is not necessary for a tort to be termed as battery. D) Indirect physical contact between the victim and the perpetrator is not battery

B) Assault and battery often occur together.

74) Under the ________ doctrine, damages are apportioned according to fault. A) Contributory negligence B) Comparative fault C) Proximate cause D) Assumption of risk

B) Comparative fault

45) The ________ has special appellate jurisdiction to review the decisions of the Court of Federal Claims, the Patent and Trademark Office, and the Court of International Trade. A) U.S. District Court B) Court of Appeals for the Federal Circuit C) First Circuit Court D) District of Columbia Circuit

B) Court of Appeals for the Federal Circuit

64) Altonvista Inc., a company based in California, is sued by a plaintiff from the state of Texas. Which of the following statements would apply to this situation? A) The case must be heard in the California federal court as this is a subject matter in which federal courts have exclusive jurisdiction. B) If the plaintiff chooses to bring the case to the California federal court, it would stay in the federal court. C) If the plaintiff decides to bring the case to the California federal court, Altonvista Inc. can have the case moved to a California state court. D) The case can only be heard in a California state court as the matter is not subject to federal jurisdiction.

B) If the plaintiff chooses to bring the case to the California federal court, it would stay in the federal court.

________ are courts that hear matters of a specialized or limited nature. A) General-jurisdiction trial courts B) Inferior trial courts C) Intermediate appellate courts D) Chancery courts

B) Inferior trial courts

59) George, Jerry, and Harry are passengers on a flight from Chicago to New York. They injure their legs when their seatbelts do not fasten during take-off. The airline is sued by all three together for injuries caused and the airline is found to be negligent and is directed by the court to pay damages to the injured parties. Which of the following parties is entitled to recover maximum damages? A) George, a retired professor who gets a pension of $50,000 a year B) Jerry, a football player who earns $2 million a year C) Harry, a chartered accountant who earns $200,000 a year D) All the men recover the same amount of damages, irrespective of their income or profession.

B) Jerry, a football player who earns $2 million a year

66) A pedestrian trips and falls on a poorly lighted sidewalk in front of Kate Geller's house and is injured. If the pedestrian sues for damages, which of the following parties is would be liable to pay the damages? A) the civic authority B) Kate Geller C) the residents' association of the locality D) the pedestrian

B) Kate Geller

56) Mary has already won her case at the U.S. Court of Appeals. When the case is reviewed by the Supreme Court, only eight judges are present. Four of the judges vote for Mary while the other four vote against her. Which if the following will be the result of this case? A) The case will be sent to the U.S. Court of Appeals for a review. B) Mary will win the case as she had already won at the U.S. Court of Appeals. C) The case will be reviewed again by the U.S. Supreme Court when all the judges are present. D) Mary will win and the case will set a precedent for later cases.

B) Mary will win the case as she had already won at the U.S. Court of Appeals.

Which of the following similarities is observed between tie and plurality decisions reached by the U.S. Supreme Court? A) The decisions can be appealed against in the U.S. courts of appeals. B) The decisions do not set precedent for later cases. C) The decision of the lower court is affirmed. D) New evidence and testimony is heard before reaching decisions.

B) The decisions do not set precedent for later cases.

47) ________ refers to an attempt by another person to take over a living person's name or identity for commercial purposes. A) Invasion of the right to privacy B) Tort of appropriation C) Defamation of character D) Disparagement

B) Tort of appropriation

The ________ has special appellate jurisdiction to review the decisions of the Court of Federal Claims, the Patent and Trademark Office, and the Court of International Trade. A) U.S. District Court B) U.S. Court of Appeals for the Federal Circuit C) First Circuit Court D) District of Columbia Circuit

B) U.S. Court of Appeals for the Federal Circuit

47) Which of the following courts are considered as the federal court system's intermediate appellate courts? A) U.S. Courts of Appeals for Veterans Claims B) U.S. courts of appeals C) U.S. district courts D) U.S. courts of federal claims

B) U.S. courts of appeals

72) ________ refers to a concept that requires lawsuits to be heard by the court with jurisdiction that is nearest the location in which the incident occurred or where the parties reside. A) Jurisdiction B) Venue C) Circuit D) Doctrine of stare decisis

B) Venue

________ refers to a concept that requires lawsuits to be heard by a court with jurisdiction that is nearest the location in which an incident occurred or where the parties reside. A) Jurisdiction B) Venue C) Circuit D) Doctrine of stare decisis

B) Venue

60) What is meant by "causation in fact"? A) the facts stated by a plaintiff during trial B) a defendant's negligent act that caused the plaintiff's injuries C) a defendant's defense against a case of negligence D) a defendant's plea of guilt due to negligence

B) a defendant's negligent act that caused the plaintiff's injuries

37) The threat of immediate harm or offensive contact is termed as ________. A) battery B) assault C) disparagement D) libel

B) assault

72) Prado Loyola is a race-car driver who has signed an agreement with the racing team Provolt, stating that Provolt is not responsible for the dangers involved in racing and that Loyola participates in all car races voluntarily, with full knowledge of the risk of injury or death that might result as a consequence. During the course of the race, a slight drizzle that covers the windshield affects Loyola's visibility and he misses a turn, resulting in a crash. Which of the following defenses can the Provost team cite to protect itself from liability in the event that Loyola sues them? A) res ipsa loquitur B) assumption of the risk C) private necessity D) breach of the duty of care

B) assumption of the risk

51) Libel and slander constitute ________. A) the tort of outrage B) defamation of character C) the tort of appropriation D) intentional misrepresentation

B) defamation of character

62) In which of the following cases do federal and state courts have concurrent jurisdiction? A) bankruptcy cases B) diversity of citizenship cases C) antitrust cases D) patents cases

B) diversity of citizenship cases

In which of the following cases do federal and state courts have concurrent jurisdiction? A) bankruptcy cases B) diversity of citizenship cases C) antitrust cases D) patents cases

B) diversity of citizenship cases

40) Which of the following is a function of the state supreme courts? A) conducting trials related to misdemeanor criminal law B) hearing appeals from intermediate appellate state courts and certain trial courts C) conducting trials related to felonies and civil disputes D) reviewing the judgments and records of the lower courts and ratifying them

B) hearing appeals from intermediate appellate state courts and certain trial courts

Which of the following is a function of the state supreme courts? A) conducting trials related to misdemeanor criminal law B) hearing appeals from intermediate appellate state courts and certain trial courts C) conducting trials related to felonies and civil disputes D) reviewing the judgments and records of the lower courts and ratifying them

B) hearing appeals from intermediate appellate state courts and certain trial courts

54) One student actor wins a part in a play over another student actor. To get back at the winning student, the rejected student files a lawsuit against the winning student alleging intentional infliction of emotional distress, defamation, and negligence. The jury returns a verdict exonerating the defendant. The defendant is now entitled to sue the plaintiff for ________. A) tort of outrage B) malicious prosecution C) intentional misrepresentation D) misappropriation of the right to publicity

B) malicious prosecution

Which of the following courts are considered as the federal court system's intermediate appellate courts? A) the U.S. Courts of Appeals for Veterans Claims B) the U.S. courts of appeals C) the U.S. district courts D) the U.S. courts of federal claims

B) the U.S. courts of appeals

59) Which of the following similarities is observed between tie and plurality decisions reached by the U.S. Supreme Court? A) The decisions can be appealed against in the U.S. courts of appeals. B) the decisions do not set precedent for later cases. C) the decision of the lower court is affirmed. D) New evidence and testimony is heard before reaching decisions.

B) the decisions do not set precedent for later cases.

65) In order to claim damages for negligence per se, the plaintiff has to prove that ________. A) the defendant was in exclusive control of the situation B) the plaintiff was within a class of persons meant to be protected by the violated statute C) the defendant made a false representation of material fact D) the plaintiff was affected by malicious statements made by the defendant about his/her character

B) the plaintiff was within a class of persons meant to be protected by the violated statute

69) Why do courts need to accomplish a service of process? A) to obtain personal jurisdiction over the plaintiff in a lawsuit B) to obtain personal jurisdiction over the defendant in a lawsuit C) to obtain jurisdiction to hear a case where the court has jurisdiction over the property in the lawsuit D) to obtain jurisdiction over nonresidents who were not served summons within the state

B) to obtain personal jurisdiction over the defendant in a lawsuit

Why are administrative agencies created?

Because legislatures cannot possibly oversee the implementation of every detail of every law, agencies are created to perform specific government functions delegated to them by legislatures.

Henry is undergoing a surgery at Sacred Heart Hospital to insert an artificial pacemaker that will keep his heartbeat regular. The pacemaker is manufactured by Benford, Inc. In this case, Dr. DeBenedetto, the surgeon, is considered as the dominant element. In the event that the pacemaker fails to function as expected after the surgery, who would be strictly liable for its failure?

Benford, Inc.

Bertha, a surgeon, performed a kidney transplant on one of her patients. The surgery was not successful and the patient did not survive. Which of the following statements is true in this case?

Bertha cannot be held strictly liable as she was providing a service.

Betty buys a lawnmower, manufacture by FlatPlanes, Inc., from Harvey's department store. A defect in the design of the blades causes the lawnmower to kick back on operation, injuring Betty. Which of the following remedial actions is Betty entitled to?

Betty can sue either Harvey's department store or FlatPlanes, Inc. for strict liability

Betty buys a lawnmower, manufactured by FlatPlanes, Inc., from Harvey's department store. A defect in the design of the blades causes the lawnmower to kick back on operation, injuring Betty. Which of the following remedial actions is Betty entitled to?

Betty can sue either Harvey's department store or FlatPlanes, Inc. for strict liability.

The first ten amendments to the U.S. Constitution are collectively known as the ___.

Bill of Rights

the first ten amendments to the U.S constitution are collectively known as the ?

Bill of rights

Which of the following is true about the duty of care?

Breach of duty is not actionable unless the plantiff suffers injury or injury to his or her property.

Which of the following is true about the duty of care?

Breach of the duty of care is not actionable unless the plaintiff suffers personal injury or injury to his or her property.

A certain state in the U.S. declares that its citizens should only wear "modest" clothing. Which of the following conclusions is made when this law is tested for substantive due process? A) unconstitutional for compulsion B) invalid for violation of equal protection clause C) void for vagueness D) invalid for violating freedom of expression

A group of students organizing a protest march would be an instance of ________ speech. A) limited protected B) prohibited C) unprotected D) fully protected

Bob's fraternity brother lent Bob his car for a weekend trip to Las Vegas. While there, he hit a couple of substantial payoffs in the casinos and decided that it was time for a new life. He decided to move to Venice Beach in California. He did not bother to tell anyone of this change in life plans, including his fraternity brother back in Utah who lent him the car. "After all," thought Bob, "if there's anything to this brotherhood thing, he shouldn't mind at all. And if he comes for it, I'll certainly let him have it back." Bob moved to Venice Beach. Is Bob liable for conversion of personal property? A) no, because the friend originally gave him the car with permission B) no, as long as he has not damaged the car C) yes, because he did not return the car when agreed D) no, because he was willing to return the car if asked to E) yes, because he took the car to a different state

Cathy helps save Sean and Marcia from their burning apartment building, and in turn becomes injured herself. Which of the following are true? A) Cathy may sue Sean and Marcia for defamation. B) Cathy may not sue anyone as she gave help out of her own kindness and love of people. C) Under the "danger invites rescue doctrine," Cathy may sue the person(s) responsible for setting the fire. D) Both A and B. E) Neither A, B, nor C.

Damages intended to punish a defendant and deter the defendant from engaging in the same tortuous conduct in the future are called: A) penalty damages B) retribution damages C) punitive damages D) preventative damages E) nominal damages

Harvey was at his college reunion where he noticed Raymond, his former roommate. Harvey and Raymond did not get along well at the reunion. Offended by something Raymond mentioned, Harvey punched him in the face which broke his jaw. Harvey is liable for ________. A) breach of duty of care B) disparagement C) battery D) assault

How does the tort of conversion of personal property differ from trespass to personal property? A) In conversion, the true owner is denied use and enjoyment of the property. B) In conversion, the true owner can recover damages for the denial of use of the property. C) In conversion, the tortfeasor treats the property as if it is his/her own. D) In conversion, the plaintiff is entitled to recover punitive damages. E) In conversion, the defendant must have published his/her use of the property to another.

Kingsland is a country that has been exporting apples to the United States for over a century, shipping 300 tons to Georgia each month. However, last month, Kingsland violated a trading norm which was not condoned by Georgia. Which of the following measures should be taken to regulate apple imports from Kingsland? A) Georgia can stop trading with Kingsland after serving a notice. B) Georgia can stop trading with Kingsland without serving a notice. C) Georgia can appeal to the federal authority which can stop imports from Kingsland. D) Georgia can make Kingsland export its apples to North Carolina.

Making false statements about a competitor's products, services, property, or business reputation could make a company liable for ________. A) intentional misrepresentation B) the tort of appropriation C) disparagement D) the misappropriation of the right to publicity

Making false statements about a competitor's products, services, property, or business reputation could make a company liable for ________. A) intentional misrepresentation B) tort of appropriation C) disparagement D) misappropriation of the right to publicity

Martha is walking along a street with her son when he is hit by a passing car just as he steps off the pavement. He dies in his mother's arms, leaving her traumatized. The court hearing the case rules that Martha's son was "not responsible for the accident." Martha can sue the person who killed her son to recover damages for ________. A) tort of outrage B) breach of duty of care C) negligent infliction of emotional distress D) transfer of intent

Martha is walking along a street with her son when he is hit by a passing car just as he steps off the pavement. He dies in his mother's arms, leaving her traumatized. The court hearing the case rules that Martha's son was not responsible for the accident. Martha can sue the person who killed her son to recover damages for ________. A) the tort of outrage B) breach of the duty of care C) negligent infliction of emotional distress D) transfer of intent

Mary, a 68-year-old widow, hired an electrician to make some wiring repairs to her home. The electrician accidentally started a fire that destroyed her house. Mary was not injured, but watched her house burn along with all her possessions. It was emotionally devastating to watch as she lost a whole life's worth of memories. Can she recover for negligent infliction of emotional distress? A) yes, because the electrician was the cause of her emotional distress through his outrageous conduct of starting the fire B) yes, because her distress was genuine C) no, because her situation does not meet all the elements necessary to recover for negligent infliction of emotional distress D) no, because she assumed the risk by having someone do electrical work in her home

Reserved powers are given to the ________ by the Constitution. A) federal government B) judiciary C) state governments D) U.S. Congress

Sam, who weighs 250 pounds, calls his 110-pound girlfriend, Alice, one morning while she is at work. He says, "You are to stay in your office until midnight. If you come to my house before midnight, I will make you sorry that you did." Assuming that Alice usually leaves her office at 5 p.m. but stays until midnight that night because of the threat, if Alice files a false imprisonment case against Sam, a court most likely will find which of the following? A) There was false imprisonment because Sam's threat forced Alice to stay in the office. B) There was no false imprisonment because Sam and Alice previously knew one another. C) There was no false imprisonment because Alice could have left the office and stayed away from Sam's house, and because the threat related to future harm. D) There was no false imprisonment because Alice's office was not a prison, even though it might feel like one to Alice.

Speech that incites the violent or revolutionary overthrow of the government is an example of ________ speech. A) limited protected B) prohibited C) unprotected D) fully protected

The Bill of Rights applies to: A) the federal government only B) state governments only C) natural persons and artificial persons D) the legislative and executive branches of the federal government, but not to state and local governments E) the federal government and businesses that operate across state lines

The ________ Clause of the U.S. Constitution prohibits the government from promoting one religion over another. A) Due Process B) Privileges and Immunities C) Establishment D) Free Exercise

The ________ is responsible for making federal law. A) President B) state governments C) legislative branch D) Supreme Court

The ________ prohibits the government from promoting one religion over another. A) Due Process clause B) Privileges clause C) Establishment clause D) Free Exercise clause

The best statement of the test applied in determining if a defendant was the proximate cause of the plaintiff's injuries is: A) Was it foreseeable to the plaintiff that the defendant would engage in this conduct? B) Given this particular injury to the plaintiff, was it foreseeable that the defendant was the cause? C) Should it have been foreseeable to the defendant that the defendant's conduct could lead to this kind of injury? D) Was the injury foreseeable to the plaintiff prior to the injury's occurrence? E) Was it foreseeable to the plaintiff that this kind of injury could occur under the particular conditions that the injury did occur?

The first ten amendments to the U.S. Constitution are collectively known as the ________. A) Due Process clause B) Privileges clause C) Bill of Rights D) Articles of Confederation

The proximate cause requirement for a negligence tort is most likely not met where: A) a customer becomes ill from food that is carelessly packed at a processing plant B) a patient becomes sick from a doctor carelessly prescribing the wrong medicine C) a customer in a building supply store carelessly drops a small can of paint that breaks open and is ignited from a spark caused when the metal can hits the concrete floor D) a driver injures a pedestrian when rounding a curve at twice the legal speed limit E) the victim of an accident was aware, prior to the actual accident, that the accident was likely to occur

The tort of assault differs from the tort of battery in which of the following ways? A) Assault is an intentional tort and battery relates to negligence. B) Assault is a strict liability tort. C) Assault requires the plaintiff to show that he or she was aware of the immediate danger. D) Assault requires proof of each of the separate elements of negligence. E) Assault claims may be brought on future threats, whereas battery claims may not.

The tort of defamation of character requires a plaintiff to prove that the defendant ________. A) publicized a private fact about the plaintiff B) insulted people closely related to the plaintiff, such as family or friends C) published an untrue statement of fact about the plaintiff to a third party D) made one or more financial deals with the plaintiff under a false identity

The violation of a statute that proximately causes an injury is termed as ________. A) disparagement B) res ipsa loquitur C) negligence per se D) misappropriation

Throwing a lit match on the ground in the forest and causing a fire is a breach of ________. A) appropriation B) Good Samaritan law C) duty of care D) res ipsa loquitur

Throwing a lit match on the ground in the forest and causing a fire is a breach of ________. A) appropriation B) Good Samaritan law C) the duty of care D) res ipsa loquitur

Under negligence, a person is liable only for ________ events. A) intervening B) foreseeable C) superseding D) overruling

Vanessa was born to American parents from a minority group in Miami. She applies to a public university which offers scholarships only to students from minority groups. Which of the following standards of review is used to decide if the university violates the Equal Protection Clause by offering Vanessa the scholarship? A) rational basis B) intermediate scrutiny C) strict scrutiny D) cogent basis

What is a dram shop? A) a house of ill repute B) a factory that illegally uses child labor C) a bar or tavern D) a pharmacy E) a seller of second hand goods

What is the result of the "effects on interstate commerce" test? A) The federal government can regulate all interstate commerce that actually crosses state lines. B) Prior to enacting laws, states are required to identify any effects that the law might have on interstate commerce. C) The federal government can regulate a business activity that takes place within a single state if the activity has an effect on interstate commerce even though the regulated activity does not itself involve interstate commerce. D) Commercial speech protections apply only to speech that has an effect on interstate commerce.

Which of the following amendments to the U.S. Constitution contains the Due Process, Equal Protection, and Privileges and Immunities Clauses? A) the Twelfth Amendment B) the Thirteenth Amendment C) the Fourteenth Amendment D) the Fifteenth Amendment

Which of the following is an intentional tort? A) breach of duty of care B) defect in product manufacture C) disparagement D) negligence

Which of the following is true about intentional infliction of emotional distress? A) Recovery is allowed anytime there is a measurable amount of mental distress. B) There must be some physical contact with the plaintiff. C) The defendant's conduct must go beyond all possible bounds of decency and be regarded as atrocious and utterly intolerable in a civilized society. D) The plaintiff must have witnessed severe physical injury to a relative or other significant person in the plaintiff's life.

Which of the following is true about the case against McDonald's for serving very hot coffee? A) The plaintiff was burned while driving her car. B) McDonald's coffee was found to be the same temperature as that served by its competitors. C) McDonald's had turned down a pretrial offer of settlement which was much lower than the amount awarded by the jury. D) McDonald's paid the amount to the plaintiff that the jury awarded.

Which of the following is true regarding obscene speech? A) It cannot be prevented, but can be subject to time, place, or manner restrictions. B) Because the definition of obscene is so subjective, it cannot be restricted or prevented. C) Even though the definition of obscene speech is subjective, if speech is determined to be obscene, it loses all constitutional protection. D) Obscene speech and offensive speech receive the same degree of protection. E) The U.S. Supreme Court has set out a clear definition of what speech is defined as obscene and therefore unprotected.

Which of the following statements is true of states' police power? A) Police power restricts states from regulating inter-state commerce, although it happens within their borders. B) The states are allowed to regulate army activities within their borders. C) They are given the authority to enact laws that regulate the conduct of business. D) The police force of a state is controlled by the federal police department.

Why have checks and balances been built into the U.S. Constitution? A) to keep a check on the number and frequency of amendments made to the Constitution B) to ensure the judiciary is not biased or corrupt C) to prevent any one of the three branches of the government from becoming too powerful D) to ensure that people of all races and ethnicities are uniformly represented

With regard to the Commerce Clause of the United States Constitution, which of the following is correct? A) States have no power to regulate interstate commerce. B) Commerce must actually cross state lines to be considered "interstate commerce." C) The police power of the states gives the states the power to regulate intrastate and much interstate business within their borders. D) Although a state cannot regulate interstate commerce within its borders, it has full power to prevent interstate business activities within its borders. E) Cases involving interstate commerce are decided under strict scrutiny.

________ is defined as the substantial likelihood that a person either committed or is about to commit a crime. A) Preponderance of the evidence B) Reasonable doubt C) Probable cause D) Reasonable suspicion

________ is the violation of a statute that proximately causes an injury. A) Disparagement B) Res ipsa loquitur C) Negligence per se D) Misappropriation

________ refers to a doctrine that says a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant. A) Assumption of the risk B) Comparative fault C) Contributory negligence D) Comparative negligence

58) Which of the following is true about a majority decision reached by the U.S. Supreme Court? A) All the judges agree as to the outcome and reasoning used to decide a case. B) A majority of the judges agree as to the outcome but not the reasoning used to decide a case. C) A majority of the justices agree as to the outcome and reasoning used to decide a case. D) An equal number of judges vote for and against the petitioner and case remains undecided.

C) A majority of the justices agree as to the outcome and reasoning used to decide a case.

Which of the following is true about a majority decision reached by the U.S. Supreme Court? A) All the judges agree as to the outcome and reasoning used to decide a case. B) A majority of the judges agree as to the outcome but not the reasoning used to decide a case. C) A majority of the justices agree as to the outcome and reasoning used to decide a case. D) An equal number of judges vote for and against the petitioner and the case remains undecided.

C) A majority of the justices agree as to the outcome and reasoning used to decide a case.

74) ________ refers to a contract provision that designates a certain court to hear any dispute concerning nonperformance of the contract.

C) Forum-selection clause

66) ________ refers to a court's jurisdiction over the parties to a lawsuit. A) In rem jurisdiction B) Quasi in rem jurisdiction C) In personam jurisdiction D) Sua sponte

C) In personam jurisdiction

________ refers to a court's jurisdiction over the parties to a lawsuit. A) In rem jurisdiction B) Quasi in rem jurisdiction C) In personam jurisdiction D) Sua sponte jurisdiction

C) In personam jurisdiction

48) Why was the Court of Appeals for the Federal Circuit created? A) It was created to exercise appellate jurisdiction over members of the armed services. B) It was created to hear cases that involve federal tax laws. C) It was created to provide uniformity in the application of federal law in certain areas, particularly patent law. D) It was created to hear appeals from intermediate appellate state courts and certain trial courts.

C) It was created to provide uniformity in the application of federal law in certain areas, particularly patent law.

Why was the Court of Appeals for the Federal Circuit created? A) It was created to exercise appellate jurisdiction over members of the armed services. B) It was created to hear cases that involve federal tax laws. C) It was created to provide uniformity in the application of federal law in certain areas, particularly patent law. D) It was created to hear appeals from intermediate appellate state courts and certain trial courts.

C) It was created to provide uniformity in the application of federal law in certain areas, particularly patent law.

70) Bill is trying to sell his house in Oklahoma City to George who lives in Arkansas. They have a dispute over the terms of the contract and Bill decides to sue George. Which of the following statements is true in this situation? A) The Arkansas state court will hear this case as it has in personam jurisdiction over George. B) The Arkansas state court has in rem jurisdiction to hear this case. C) The Oklahoma state court has in rem jurisdiction to hear this case. D) The Oklahoma state court does not have jurisdiction to hear this case as the defendant is from another state

C) The Oklahoma state court has in rem jurisdiction to hear this case

52) Which of the following statements is true of the U.S. Supreme Court? A) The U.S. Supreme Court's decisions are appealable. B) The U.S. Supreme Court hears appeals only from the federal circuit courts of appeals. C) The U.S. Supreme Court does not hear any new evidence or testimony in reviewed cases. D) The U.S. Supreme Court does not grant any oral hearings to the parties

C) The U.S. Supreme Court does not hear any new evidence or testimony in reviewed cases.

Which of the following statements is true of the U.S. Supreme Court? A) The U.S. Supreme Court's decisions are appealable. B) The U.S. Supreme Court hears appeals only from the federal circuit courts of appeals. C) The U.S. Supreme Court does not hear any new evidence or testimony in reviewed cases. D) The U.S. Supreme Court does not grant any oral hearings to the parties.

C) The U.S. Supreme Court does not hear any new evidence or testimony in reviewed cases.

46) The ________ hears cases brought against the United States. A) U.S. Supreme Court B) U.S. Tax Court C) U.S. Court of Federal Claims D) U.S. District Court

C) U.S. Court of Federal Claims

The ________ hears cases brought against the United States. A) U.S. Supreme Court B) U.S. Tax Court C) U.S. Court of Federal Claims D) U.S. District Court

C) U.S. Court of Federal Claims

70) The term ________ refers to a defense a defendant can use against a plaintiff who knowingly and voluntarily entered into or participated in an activity that had a high probability of resulting in injury to the plaintiff. A) superseding event B) comparative negligence C) assumption of risk D) intervening event

C) assumption of risk

43) Harvey was at his college reunion where he noticed Raymond, his former roommate. Harvey and Raymond did not get along well at the reunion. Offended by something Raymond mentioned, Harvey punched him in the face which broke his jaw. Harvey is liable for ________. A) breach of duty of care B) disparagement C) battery D) assault

C) battery

36) Which of the following is an intentional tort? A) breach of duty of care B) defect in product manufacture C) disparagement D) negligence

C) disparagement

52) Making false statements about a competitor's products, services, property, or business reputation could make a company liable for ________. A) intentional misrepresentation B) tort of appropriation C) disparagement D) misappropriation of the right to publicity

C) disparagement

57) Throwing a lit match on the ground in the forest and causing a fire is a breach of ________. A) appropriation B) Good Samaritan law C) duty of care D) res ipsa loquitur

C) duty of care

39) Decisions of the ________ are final unless a question of law is involved that is appealable to the U.S. Supreme Court. A) courts of appeals B) courts of records C) highest state courts D) general-jurisdiction trial courts

C) highest state courts

Decisions of the ________ are final unless a question of law is involved that is appealable to the U.S. Supreme Court. A) courts of appeals B) courts of records C) highest state courts D) general-jurisdiction trial courts

C) highest state courts

64) The violation of a statute that proximately causes an injury is termed as ________. A) disparagement B) res ipsa loquitur C) negligence per se D) misappropriation

C) negligence per se

63) Martha is walking along a street with her son when he is hit by a passing car just as he steps off the pavement. He dies in his mother's arms, leaving her traumatized. The court hearing the case rules that Martha's son was "not responsible for the accident." Martha can sue the person who killed her son to recover damages for ________. A) tort of outrage B) breach of duty of care C) negligent infliction of emotional distress D) transfer of intent

C) negligent infliction of emotional distress

55) In the U.S. Supreme Court, if a majority of the justices agree as to the outcome of a case but not as to the reasoning for reaching the outcome, it is a ________ decision. A) unanimous B) majority C) plurality D) tie

C) plurality

In the U.S. Supreme Court, if a majority of the justices agree as to the outcome of a case but not as to the reasoning for reaching the outcome, it is a ________ decision. A) unanimous B) majority C) plurality D) tie

C) plurality

49) The tort of defamation of character requires a plaintiff to prove that the defendant ________. A) publicized a private fact about the plaintiff B) insulted people closely related to the plaintiff, such as family or friends C) published an untrue statement of fact about the plaintiff to a third party D) made one or more financial deals with the plaintiff under a false identity

C) published an untrue statement of fact about the plaintiff to a third party

42) The ________ established by Congress have limited jurisdiction. A) state supreme courts B) state appeals courts C) special federal courts D) courts of records

C) special federal courts

The ________ established by Congress have limited jurisdiction. A) state supreme courts B) state appeals courts C) special federal courts D) courts of records

C) special federal courts

63) In which of the following cases do federal courts have exclusive jurisdiction? A) cases involving sales and lease contracts B) federal question cases C) suits against the United States D) diversity of citizenship cases

C) suits against the United States

In which of the following cases do federal courts have exclusive jurisdiction? A) cases involving sales and lease contracts B) federal question cases C) suits against the United States D) diversity of citizenship cases

C) suits against the United States

69) Under negligence, a person is liable only for ________ events. A) intervening B) foreseeable C) superseding D) overruling

C) superseding

____ courts were allowed to give equitable remedies under the English common law.

Chancery

Which of the following statements best indicates how chancery courts were different from law courts?

Chancery courts inquired into the merits of a case rather than emphasize legal procedures.

False

Checks and balances built into the Constitution ensure that amendments to the Constitution do not contradict existing laws.

____ refers to the document a plaintiff files with the court that serves on the defendant to initiate a lawsuit.

Complaint

___ refers to a condition whose occurrence or nonoccurrence of a specific event automatically excuses the performance of an existing contractual duty to perform

Condition subsequent

________ refers to a doctrine that says a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant.

Contributory negligence

The ___ has special appellate jurisdiction to review the decisions of the Court of Federal Claims, the Patent and Trademark Office, and the Court of International Trade

Court of Appeals for the Federal Circuit

________ are courts that hear cases of a general nature that are not within the jurisdiction of limited-jurisdiction trial courts.

Court of Records

___ are courts that hear cases of a general nature that are not within the jurisdiction of limited-jurisdiction trial courts

Courts of record

) Sam had just finished a great day of skiing as he walked toward the parking lot with his skis over his shoulders. While waiting to cross at a crosswalk, a car's horn honks down the street. He suddenly turns to see where the sound came from, and in doing so his skis swing around and hit Pam in the head, injuring her. Which of the following, if true, would give Sam the best chance of avoiding liability to Pam? A) Sam did not intend to harm anyone when he turned to see the source of the sound. B) The driver of the car violated an anti-noise ordinance in blowing the horn. C) Pam had planned to cross the crosswalk as soon as traffic allowed, rather than wait for the "walk" light to indicate that it was safe to do so. D) Pam had been walking behind Sam for several hundred yards and had observed that Sam, on several occasions, had nearly struck other persons as he carried his skis.

A driver stopped at a convenience store to run inside briefly. The driver left the engine running and forgot to set the parking brake. The car suddenly started rolling toward two small children, and Vicki, a bystander, pulled the two children out of the way of the rolling car. Vicki is injured in the process. Can Vicki recover from the driver of the car? A) yes, because of the Good Samaritan rule B) no, because of an intervening event C) no, because of assumption of the risk D) yes, because the driver set up the dangerous situation

A landowner owes a duty of ordinary care to: A) licensees only B) invitees only C) trespassers only D) licensees and invitees E) licensees, invitees, and trespassers

A medical doctor who commits medical malpractice has committed what tort? A) defamation of character B) intentional infliction of emotional distress C) trespass D) negligence

A nonpublic figure in a defamation case must prove the following except that: A) there was an untrue statement B) the statement contained a factual assertion C) the statement was communicated by the defendant to at least one person other than the plaintiff D) the defendant knew the statement was false E) the statement caused an injury to the plaintiff's reputation

A person driving over the prescribed speed limit in a suburban area hits and injures a pedestrian jaywalking against a red "Do Not Walk" sign. The jury finds that the driver is 80 percent responsible for the accident and the jaywalker is 20 percent responsible. The pedestrian suffered $100,000 in injuries. If the state in which this case is heard adopts the doctrine of contributory negligence to interpret such cases, the pedestrian is entitled to ________. A) recover $20,000 from the driver B) recover $80,000 from the driver C) recover $100,000 from the driver D) recover no damages from the driver

A plaintiff wants to sue on a negligence tort, but knows that he was partly as fault. Which of the following is true? A) A state applying contributory negligence will allow the plaintiff to recover so long as his fault is minor. B) The plaintiff will have to elect whether to sue under comparative or contributory negligence. C) Because the plaintiff is partly at fault, he will not be able to recover under either comparative or contributory negligence. D) If the plaintiff's fault is only 5 percent, his recovery will be the same under either pure or partial comparative negligence. E) In all circumstances the plaintiff will recover more under pure comparative negligence than under partial comparative negligence.

Assume that Congress passes a statute that bans the use of personal watercraft on any body of water before 8:00 a.m. and after 9:00 p.m. Congress bases its passage of the law on its authority to regulate interstate commerce because it believes that fewer persons will buy personal watercraft because of this law. In a constitutional challenge, which of the following is most likely to occur? A) The law will be found constitutional only if it does not conflict with a valid state law. B) The law will be found to violate the Equal Protection Clause because it applies on water but not on land. C) The law will be constitutional because of the federal government's police power. D) The law will be found unconstitutional because any effect on interstate commerce is too remote for this to be a valid exercise of federal power.

Assume that the state of Tennessee passes a statute that grants all residents who purchase a brand new Saturn automobile made in Tennessee a $2,000 state income tax credit. Which of the following is most likely true? A) An equal protection claim would be evaluated using strict scrutiny. B) Because the statute gives the tax credit only to Tennessee residents who purchase a car made in Tennessee, there is no violation of the commerce clause. C) There is a procedural due process violation. D) This statute probably violates the commerce clause.

Assuming that statutory requirements are met, what is protected under merchant protection statutes? A) Merchants are protected from the intentional torts of their customers. B) Merchants are protected from product disparagement claims of their competitors. C) Merchants are protected from product disparagement claims of their suppliers. D) Merchants are protected from false imprisonment claims of persons detained on suspicion of shoplifting. E) Customers are protected from the negligent conduct of merchants.

Burger Prince is one of the largest hamburger chains in the nation, and fiercely competitive with the well-known chain of Captain Hook Seafood House restaurants. Captain Hook has recently introduced a new line of hamburgers in order to expand beyond seafood. Burger Prince received information that it believed was reliable indicating that the Captain Hook's burgers contained substantial amounts of filler. Burger Prince then ran advertisements saying that its pure beef burgers were better than the Captain Hook's burgers that used filler. Which of the following is true? A) Burger Prince is liable for product disparagement because the statement about the use of filler was false. B) Burger Prince would be liable for invasion of privacy if the formula for Captain Hook's burgers was not publicly available. C) This is a case of palming off. D) Captain Hook will not be able to win a product disparagement case here. E) This is an example of intentional interference with contractual relations.

Fierra Inc. is a German automobile manufacturer that has a 5 percent market share in the United States' automobile market. The company has a unit in North Carolina that imports Fierra automobiles from its parent company in Germany and assembles them. Which of the following measures is in accordance with U.S.A.'s Foreign Commerce Clause? A) The government of North Carolina imposes an additional 10% tax on Fierra cars. B) The government of Georgia bans the sale of Fierra cars. C) The government of North Carolina asks Fierra Inc. to shut down its import unit in the state. D) The federal government imposes an additional 100 percent tax only on Fierra cars being sold in North Carolina.

In order to use the defense of assumption of risk, the defendant has to prove that the plaintiff ________. A) assumed there was no risk involved and entered into the activity that injured him or her B) was injured after the defendant's liability for the risk ended C) was injured in an activity that had no risk of any manner D) had knowledge of the specific risk and voluntarily assumed the risk

In responding to a constitutional challenge to the Computer Decency Act, the U.S. Supreme Court ruled which of the following about the Act? A) Computers and the Internet were not covered by the free speech provisions of the U.S. Constitution because they did not exist when the Constitution was drafted. B) The Act was constitutional because obscene speech receives no protection. C) Obscene materials could not be available between 6:00 a.m. and 10:00 p.m. local time. D) The Act was unconstitutional because its provisions were too vague to define. E) The Internet was similar to television and that restrictions similar to those on television programming were appropriate.

In the Palsgraf case, foreseeability was an issue. The question addressed by the court was: A) Was it foreseeable to the plaintiff (Ms. Palsgraf) that the scales would fall? B) Was it foreseeable to the plaintiff (Ms. Palsgraf) that someone in the train station would be carrying explosive fireworks? C) Was it foreseeable to the passenger carrying the fireworks that they might explode and injure someone? D) Was it foreseeable to the railroad employee helping the passenger onto the train that doing so might lead to injury to Ms. Palsgraf or another bystander? E) Was it foreseeable to Ms. Palsgraf that her injury would have been caused by an explosion?

Jessica is babysitting Kyle one afternoon when Kyle starts bleeding from his nose. Jessica manages to stop the bleeding and rushes out to the nearest pharmacy—three miles away—to get medication for him. While doing so, she locks the house from outside and asks Kyle not to leave the house till she returns. The only way he can get out of the house is by breaking a window. Due to a roadblock on her way back, Jessica is delayed by an hour. Which of the following statements is true in this case? A) Jessica is liable for kidnapping. B) Jessica is liable for negligence as well as breach of duty of care. C) Jessica can be sued for false imprisonment. D) Jessica is not liable for prosecution for an intentional tort.

Michael wanted to shoot Gary but accidentally injured Stella with the bullet. Which of the following can Stella use to recover damages from Michael? A) doctrine of unintentional tort B) doctrine of proximate cause C) doctrine of negligence D) transferred intent doctrine

Michael wanted to try out his new hand gun. He set up a target in his back yard for firing practice. Stella's house, which is located on the lot directly behind Michael's property, happened to be directly in the line of fire. Michael's first shot missed the target and the bullet crashed through Stella's kitchen window, striking and seriously injuring her. Which of the following legal theories would be best for Stella's attorney to use in a lawsuit against Michael? A) doctrine of unintentional tort B) doctrine of proximate cause C) res ipsa loquitur D) gross negligence

Persons who engage in abnormally dangerous activities such as crop dusting or blasting: A) are liable only if all the elements of negligence are proven against them B) are liable only if they intended to cause a particular injury C) are generally not liable for the injuries they cause because otherwise no one would undertake these activities D) are liable to persons they injure even if they are not at fault

Substantive due process requires that: A) a notice and hearing be given before one is deprived of life, liberty, or property B) a criminal defendant has an attorney present at all times C) res ipsa loquitur takes place D) a law is sufficiently clear that a reasonable person can understand it in order to comply with it E) a defendant not be tried twice for the same crime

The Bill of Rights is another name for: A) the Articles of Confederation B) the U.S. Constitution C) the document that explains the U.S. Constitution D) the first ten amendments to the U.S. Constitution E) the first seven articles of the U.S. Constitution

The Constitutional Convention was convened in 1787 for what purpose? A) to add a Bill of Rights to the Constitution B) to create a court system C) to ratify the First Amendment D) to strengthen the federal government

The ________ Clause of the U.S. Constitution prevents the government from enacting laws that either prohibit or inhibit individuals from participating in or practicing their chosen religions. A) Due Process B) Privileges and Immunities C) Establishment D) Free Exercise

The ________ clause prevents the government from enacting laws that either prohibit or inhibit individuals from participating in or practicing their chosen religions. A) Due Process B) Privileges C) Establishment D) Free Exercise

The ________ clauses in the Constitution collectively prohibit states from enacting laws that unduly discriminate in favor of their residents. A) Due Process B) Equal Protection C) Establishment D) Privileges and Immunity

The ________ was a document that restricted the newly created U.S. federal government from levying and collecting taxes, regulating commerce with foreign countries, and regulating interstate commerce. A) U.S. Constitution B) Declaration of Independence C) Bill of Rights D) Articles of Confederation

The lawfulness of all government classifications that do not involve suspect or protected classes is examined using a(n) ________. A) strict scrutiny test B) intermediate basis test C) due process test D) rational basis test

The obligation people owe each other not to cause any unreasonable harm or risk of harm is termed ________. A) libel B) res ipsa loquitur C) Good Samaritan law D) the duty of care

The obligation people owe each other not to cause any unreasonable harm or risk of harm is termed as ________. A) libel B) res ipsa loquitur C) Good Samaritan law D) duty of care

The reason the Articles of Confederation were weak was because: A) it gave limited power to the federal government B) it did not provide Congress with the power to levy and collect taxes C) it did not provide Congress with the power to regulate interstate commerce among the states D) All of these are correct.

The tort of intentional interference with contractual relations requires the following except: A) a valid, enforceable contract between the contracting parties B) third-party knowledge of this contract C) third-party inducement to breach the contract D) a new contract involving the third party who induced the breach

Under the Supremacy Clause of the U.S. Constitution, when Congress chooses to regulate in an area, which of the following is true? A) It will automatically have exclusive jurisdiction to regulate in that area. B) States will always remain able to freely regulate in that area. C) States will always be able to regulate in that area so long as the state law does not directly and substantially conflict with the federal law. D) Whether the state has any authority to regulate in the area will depend on whether Congress provides that the federal government has exclusive authority to regulate in that area. E) The state will be able to regulate in that area only with prior permission of the U.S. Supreme Court.

Under what circumstances can a state impose a tax on goods that are imported from other nations? A) negligence per se B) if the tax does not conflict with any valid federal law C) if the amount of the tax is reasonable D) if the tax also applied equally to the same type(s) of goods produced domestically E) in no circumstance

What did the Fourteenth Amendment of the U.S. Constitution do? A) It established prohibition. B) It granted the power to regulate interstate commerce to Congress. C) It gave Congress the power to place reasonable restrictions on commercial speech. D) It made the protections in the Bill of Rights applicable to actions by state governments

What differs in a defamation suit when the plaintiff is a public figure, as opposed to when the plaintiff is not a public figure? A) Punitive damages are available. B) The plaintiff need not prove actual injury to the reputation. C) The plaintiff can recover even when the statement is a mere opinion. D) The plaintiff must prove that the statement was made with malice. E) The plaintiff must prove that the statement was made in writing

What is the definition of a tort? A) any violation of an ethical duty B) any crime or misdemeanor C) any action done in violation of a prior agreement that allows the victim to recover damages D) any civil wrong that allows the injured person to recover damages E) any conduct by one party that is objected to by another

What was the outcome when the U.S. Supreme Court ruled on the constitutionality of the Violence Against Women Act of 1994? A) The statute was viewed as a legitimate exercise of the federal police power. B) The statute violated the Equal Protection Clause because it treated women differently than men. C) The statute was found to infringe on some kinds of symbolic speech. D) The statute was found to be invalid because it did not involve interstate commerce.

Which of the following actions would make Sarah liable for battery? A) She publishes an article calling for the current U.S. President to quit because she thinks he is not doing a good job. B) She extends the boundary of her plot of land encroaching two feet of her neighbor's plot. C) She smuggles marijuana into the country. D) She slaps her ex-husband because he denied her alimony.

Which of the following best describes the effect of Good Samaritan laws? A) Medical professionals are obligated to stop and assist persons in need. B) Medical professionals have a lower duty of care to strangers than to their regular patients. C) Medical professionals cannot be held liable if they cause injury to someone they provide medical care to in an emergency. D) Someone injured by a medical professional who is providing emergency medical care at the scene of an accident cannot recover if the injury was due to ordinary negligence

Which of the following is a form of limited protected speech? A) defamatory language B) speech that incites the violent or revolutionary overthrow of the government C) dangerous speech D) offensive speech

Which of the following is an instance of a decision involving the Equal Protection Clause being made on the basis of the rational basis test? A) The government requires only men above the age of 18 to volunteer for military service. B) The government establishes a trust fund to provide financial aid to minority groups. C) A state government employs measures to improve living conditions in the reservations. D) The government provides subsidies to farmers, but not to carpenters or lumberjacks.

Which of the following is established by the Supremacy Clause of the U.S. Constitution? A) The President is the supreme and sovereign head of the United States. B) The legislative branch of the federal government is the supreme law-making authority in the country. C) The judiciary is the supreme law-enforcing authority and cannot be influenced by anyone, however powerful, in any manner. D) The U.S. Constitution and federal treaties, laws, and regulations are the supreme law of the land.

Which of the following is not a main function of the U.S. Constitution? A) to create the three branches of government B) to allocate powers to the three branches of government C) to protect individual rights D) to limit the government's ability to restrict individual rights E) to create additional branches of government as Congress sees fit

Which of the following is the best description of misappropriation of the right to publicity? A) claiming credit for the accomplishments of another B) publishing the creative work of another and claiming that it is yours C) publicly claiming to have accomplished something that you have not accomplished D) attempting to use another living person's name or identity for commercial purposes without that person's consent E) publicizing private information about someone without that person's consent

Which of the following is true about a malicious prosecution case? A) The claim must be against a government agency for wrongfully bringing a criminal action. B) Most victorious defendants are able to prove the elements of a malicious prosecution claim. C) The plaintiff must prove that there were false statements made by the other party at the original trial that injured the plaintiff's reputation. D) The plaintiff must prove that the original lawsuit was brought with malice. E) The plaintiff must prove that there were statements made by the other party at the original trial that invaded the plaintiff's privacy.

Which of the following statements is true of the tort of assault? A) An assault is considered an unintentional tort. B) An attack is considered an assault only if the defendant was provoked to attack a plaintiff. C) An attack is not considered an assault if the defendant was provoked to attack a plaintiff. D) Actual physical contact between plaintiff and defendant is not necessary.

Which of the following torts constitutes battery? A) stealing a person's wallet B) threatening to shoot a person C) blackmailing a person D) poisoning a person's drink

________ is a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions. A) The tort of outrage B) The tort of misappropriation C) Disparagement D) Unintentional tort

________ is a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions. A) Tort of outrage B) Tort of misappropriation C) Disparagement D) Unintentional tort

________ is a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions. A) Causation in fact B) Point of reason C) Point of appropriation D) Proximate cause

________ is a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions. A) Causation in fact B) The point of reason C) The point of appropriation D) Proximate cause

38) Which of the following statements is true of the tort of assault? A) An assault is considered an unintentional tort. B) An attack is considered an assault only if the defendant was provoked to attack a plaintiff. C) An attack is not considered an assault if the defendant was provoked to attack a plaintiff. D) Actual physical contact between plaintiff and defendant is not necessary.

D) Actual physical contact between plaintiff and defendant is not necessary

38) ________ hears appeals from trial courts. A) The highest state court B) A court of record C) An inferior trial court D) An intermediate appellate court

D) An intermediate appellate court

________ hears appeals from trial courts. A) The highest state court B) A court of record C) An inferior trial court D) An intermediate appellate court

D) An intermediate appellate court

46) Jessica is babysitting Kyle one afternoon when Kyle starts bleeding from his nose. Jessica manages to stop the bleeding and rushes out to the nearest pharmacy—three miles away—to get medication for him. While doing so, she locks the house from outside and asks Kyle not to leave the house till she returns. The only way he can get out of the house is by breaking a window. Due to a roadblock on her way back, Jessica is delayed by an hour. Which of the following statements is true in this case? A) Jessica is liable for kidnapping. B) Jessica is liable for negligence as well as breach of duty of care. C) Jessica can be sued for false imprisonment. D) Jessica is not liable for prosecution for an intentional tort.

D) Jessica is not liable for prosecution for an intentional tort.

73) Donald, who is a resident of Louisiana, is robbed in Oklahoma County, Oklahoma. The robber, who is a resident of the state of Texas, is soon apprehended. Which of the following is the proper venue to hear this case? A) state court in Louisiana because the plaintiff is from Louisiana B) state court in Texas because the defendant is from Texas C) Oklahoma federal court because the robber has committed a federal crime D) Oklahoma County Court because it is nearest in location to the scene of the crime

D) Oklahoma County Court because it is nearest in location to the scene of the crime

Donald, who is a resident of Louisiana, is robbed in Oklahoma County, Oklahoma. The robber, who is a resident of the state of Texas, is soon apprehended. Which of the following is the proper venue to hear this case? A) state court in Louisiana because the plaintiff is from Louisiana B) state court in Texas because the defendant is from Texas C) Oklahoma federal court because the robber has committed a federal crime D) Oklahoma County Court because it is nearest in location to the scene of the crime

D) Oklahoma County Court because it is nearest in location to the scene of the crime

61) ________ is a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions. A) Causation in fact B) Point of reason C) Point of appropriation D) Proximate cause

D) Proximate cause

68) ________ refers to jurisdiction that allows a plaintiff who obtains a judgment in one state to try to collect the judgment by attaching property of the defendant located in another state. A) In rem jurisdiction B) In personam jurisdiction C) Private jurisdiction D) Quasi in rem jurisdiction

D) Quasi in rem jurisdiction

________ refers to jurisdiction that allows a plaintiff who obtains a judgment in one state to try to collect the judgment by attaching property of the defendant located in another state. A) In rem jurisdiction B) In personam jurisdiction C) Private jurisdiction D) Quasi in rem jurisdiction

D) Quasi in rem jurisdiction

65) Jeremy crashes his friend John's car because he is an incompetent driver. Emily, John's sister, is outraged and wants John to sue his friend. John refuses to file a case against his long-time friend. Which of the following is Emily allowed to do in this situation? A) She can sue Jeremy on John's behalf, as she has standing to sue. B) She can sue Jeremy, provided that John gives his consent. C) She can file a case in the state court where she will have standing to sue. D) She cannot sue Jeremy as she has no stake in the outcome of the case.

D) She cannot sue Jeremy as she has no stake in the outcome of the case.

44) Which of the following actions would make Sarah liable for battery? A) She publishes an article calling for the current U.S. President to quit because she thinks he is not doing a good job. B) She extends the boundary of her plot of land encroaching two feet of her neighbor's plot. C) She smuggles marijuana into the country. D) She slaps her ex-husband because he denied her alimony.

D) She slaps her ex-husband because he denied her alimony.

60) Sue, a resident of the state of New York, is visiting her aunt in Iowa. While there, her car is hit by a drunk driver named Jerry, a resident of the state of Iowa. Sue is injured in the accident. Which of the following actions is Sue allowed to take? A) Sue can sue Jerry and bring the case to Iowa state court provided that the dollar amount of the controversy exceeds $75,000. B) Sue can file a case against Jerry in the New York state court as she is a resident of that state. C) Sue can file a case against Jerry only in the Iowa state court as this is a matter that involves state negligence law. D) Sue can sue Jerry and bring the case to Iowa federal court as this is a case that involves diversity of citizenship.

D) Sue can sue Jerry and bring the case to Iowa federal court as this is a case that involves diversity of citizenship.

41) Which of the following statements is true about intermediate appellate courts? A) They hear new evidence and testimony that have come to light after the trial courts have made their decision. B) They do not grant any oral hearings to the parties. C) They have jurisdiction to hear cases of a limited or specialized nature. D) They review either pertinent parts or the whole trial court record from the lower court.

D) They review either pertinent parts or the whole trial court record from the lower court.

Which of the following statements is true about intermediate appellate courts? A) They hear new evidence and testimony that have come to light after the trial courts have made their decision. B) They do not grant any oral hearings to the parties. C) They have jurisdiction to hear cases of a limited or specialized nature. D) They review either pertinent parts or the whole trial court record from the lower court.

D) They review either pertinent parts or the whole trial court record from the lower court.

55) ________ is a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions. A) Tort of outrage B) Tort of misappropriation C) Disparagement D) Unintentional tort

D) Unintentional tort

44) The geographical area served by each U.S. court of appeals is referred to as a ________. A) district B) county C) range D) circuit

D) circuit

56) The obligation people owe each other not to cause any unreasonable harm or risk of harm is termed as ________. A) libel B) res ipsa loquitur C) Good Samaritan law D) duty of care

D) duty of care

71) In order to use the defense of assumption of risk, the defendant has to prove that the plaintiff ________. A) assumed there was no risk involved and entered into the activity that injured him or her B) was injured after the defendant's liability for the risk ended C) was injured in an activity that had no risk of any manner D) had knowledge of the specific risk and voluntarily assumed the risk

D) had knowledge of the specific risk and voluntarily assumed the risk

41) Which of the following torts constitutes battery? A) stealing a person's wallet B) threatening to shoot a person C) blackmailing a person D) poisoning a person's drink

D) poisoning a person's drink

75) A person driving over the prescribed speed limit in a suburban area hits and injures a pedestrian jaywalking against a red "Do Not Walk" sign. The jury finds that the driver is 80 percent responsible for the accident and the jaywalker is 20 percent responsible. The pedestrian suffered $100,000 in injuries. If the state in which this case is heard adopts the doctrine of contributory negligence to interpret such cases, the pedestrian is entitled to ________. A) recover $20,000 from the driver B) recover $80,000 from the driver C) recover $100,000 from the driver D) recover no damages from the driver

D) recover no damages from the driver

45) Michael wanted to shoot Gary but accidentally injured Stella with the bullet. Which of the following can Stella use to recover damages from Michael? A) doctrine of unintentional tort B) doctrine of proximate cause C) doctrine of negligence D) transferred intent doctrine

D) transferred intent doctrine

54) In the U.S. Supreme Court, if all the justices voting agree as to the outcome and reasoning used to decide a case, it is a ________ decision. A) tie B) plurality C) majority D) unanimous

D) unanimous

In the U.S. Supreme Court, if all the justices voting agree as to the outcome and reasoning used to decide a case, it is a ________ decision. A) tie B) plurality C) majority D) unanimous

D) unanimous

Libel and slander constitute ______

Defamation of character

Which of the following is a form of unprotected speech?

Defamatory language

Proponents of the Command School of jurisprudence will assert that the law is ___.

Developed, communicated, and enforced by the ruling party

Making false statements about a competitor's products, services, property, or business reputation could make a company liable for _____

Disparagement

Which of the following is an intentional tort?

Disparagement

________ is the making of false statements about a competitor's products, services, property, or business reputation.

Disparagement

Dormant Commerce Clause

A failure to exercise care or to act as a reasonable person would act is a breach of the ________.

Duty of care

If a plaintiff voluntarily enters into or participates in a risky activity that results in injury, what is the most likely defense that he or she may use in response to a defendant's claim that the plaintiff assumed the risk? A) contributory negligence B) comparative negligence C) plaintiff had no knowledge of the danger involved when he or she participated in the activity D) defendant was negligent per se E) defendant assumed the risk under the "danger invites rescue" doctrine

Patti Passenger is riding with her friend, Danetta Driver, up to the mountains to ski for the day. Patti is happy that Danetta is giving her a ride, not even asking Patti to share the cost of gas. On the way home that evening, Danetta suddenly remembers that she is late to a meeting she had that night. Danetta immediately passes a car on a blind curve and gets into an accident. Which of the following is true in Patti's negligence suit against Danetta? A) Patti can recover from Danetta under the doctrine of res ipsa loquitur. B) Patti can recover because Danetta was negligent per se. C) Patti can recover because the injury was a foreseeable consequence of Danetta's actions. D) Patti cannot recover because Danetta was a Good Samaritan in taking Patti skiing without charging her for a portion of the gas cost. E) Patti cannot recover assuming that there is a guest statute in her state.

The tort of palming off involves: A) knowingly selling goods that are defective B) blaming another for one's own actions and communicating that blame to at least one other person C) failing to credit another for that other person's legal accomplishments D) making false statements about the goods of another E) representing one's own goods to be those of a competitor

What sorts of things do the additional 17 Constitutional amendments cover? A) the abolition of slavery B) federal income tax C) women's right to vote D) prohibition of discrimination E) All of these are correct.

Which of the following is true about comparative negligence and contributory negligence? A) Most states that once used comparative negligence now apply contributory negligence instead. B) They are two names for the same defense. C) In order to avoid liability for an unintentional tort, the defendant must prove the presence of both defenses. D) Comparative negligence is used with intentional torts and contributory negligence is used with unintentional torts. E) Comparative negligence allows the plaintiff to make a partial recovery whereas contributory negligence does not.

Which of the following receives at least some protection under the U.S. Constitution? A) political speech only B) political speech and commercial speech C) offensive speech and commercial speech D) commercial speech only E) political speech, commercial speech, and offensive speech

Which of the following would likely violate the freedom of religion protections in the U.S. Constitution? A) the government promoting one religion as better than other religions B) the government preventing the practice of unpopular or fringe religions C) the government establishing a time in school for persons to practice the religion of their choice D) A and B only. E) A, B, and C.

Which of the following would take precedence over a state constitution under the Supremacy Clause of the U.S. Constitution? A) the U.S. Constitution only B) the U.S. Constitution and treaties with foreign nations C) the U.S. Constitution and federal statutes D) the U.S. Constitution, federal statutes, and federal regulations E) the U.S. Constitution, federal statutes, federal regulations, and treaties with foreign nations

Each state has ________ senators in the U.S. Senate

___ is the fraudulent conversion of property by a person to whom that property was entrusted

Embezzlement

The ________ Clause prevents the government from promoting one religion over the other.

Establishment

When and how can a plaintiff claim damages if the defendant has breached a duty of care?

Even though a defendant's negligent act may have breached a duty of care owed to the plaintiff, this breach is not actionable unless the plaintiff suffers injury or injury to his or her property. That is, the plaintiff must have suffered some injury before he or she can recover any damages. The damages recoverable depend on the effect of the injury on the plaintiff's life or profession.

The ___ branch of the federal government has the power to enforce laws.

Executive

A contract that has been fully performed by one party but not by the other party is a ___ contract

Executory

Kyle goes to a used automobile dealership to buy a truck. He signs an agreement with the dealership that includes a description of the truck, its price, and other details. This is an example of a ___ contract.

Express

A doctor driving on the wrong side of the road crashes into an eight-year-old boy riding a bicycle. Fearing the consequences, the doctor flees without reporting the accident or giving first-aid to the boy. The doctor is liable for professional malpractice.

Causation in fact refers to a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions.

Comparative negligence is a doctrine that says a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant.

If a woman is informed of her husband being run over by a bus the previous night, she can recover damages for negligent infliction of emotional distress.

In a civil lawsuit, liability has to be proven beyond a reasonable doubt.

Res ipsa loquitur applies when the plaintiff had exclusive control of the instrumentality or situation that caused his or her own injury.

Res ipsa loquitur is a tort in which the violation of a statute or an ordinance constitutes the breach of the duty of care.

Res ipsa loquitur switches the burden to the plaintiff to prove that the defendant was negligent.

Speech that is offensive to many members of the society, but is not obscene or violent, is held "unprotected" by the U.S. Supreme Court.

The Freedom of Speech Clause included in the First Amendment protects both speech and conduct.

The reasonable person standard is a test used to determine whether a tort is intentional or unintentional.

A bystander who suffers severe emotional distress on witnessing a heinous crime can claim damages for intentional infliction of emotional distress.

FALSE

A seller of a defective product cannot be held strictly liable if it can be proved that he or she took all possible care in the preparation and sale of the product.

FALSE

Assault and battery are mutually exclusive torts that do not occur together.

FALSE

Causation in fact refers to a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions.

FALSE

Comparative negligence is a doctrine that says a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant.

FALSE

If a defendant makes an untrue statement of fact about the plaintiff and the statement was intentionally or accidentally published to a third party, the defendant is held liable for misappropriation of the right to publicity.

FALSE

If a magazine publishes a false statement about a public personality, it is liable for invasion of the right to privacy.

FALSE

If a newspaper review calls a commercially successful actor talentless, it is liable for defamation of character.

FALSE

If a shoplifting suspect is detained for an unreasonably long time and is found to be innocent, the merchant is liable for the tort of malicious prosecution.

FALSE

Malicious prosecution is a tort that permits a person to recover for emotional distress caused by the defendant's negligent conduct.

FALSE

Res ipsa loquitur applies when the plaintiff had exclusive control of the instrumentality or situation that caused his or her own injury.

FALSE

Res ipsa loquitur is a tort in which the violation of a statute or an ordinance constitutes the breach of the duty of care.

FALSE

Res ipsa loquitur switches the burden to the plaintiff to prove that the defendant was negligent.

FALSE

Strict liability applies to services but not products.

FALSE

T or F A class action is a court order directing the defendant to appear in court and answer the complaint.

FALSE

T or F A deposition is oral testimony given by a party or witness during the trial.

FALSE

T or F A trial is conducted with a jury only when the defendant requests a jury trial.

FALSE

T or F After a witness is sworn in, he or she is immediately cross-examined by the plaintiff's attorney.

FALSE

T or F Electronic technologies have made it possible to settle disputes online. However, arbitration is not possible in electronic dispute resolution.

FALSE

T or F In deciding the motion for judgment on the pleadings, the judge also considers facts outside the pleadings.

FALSE

T or F Interventions are written questions submitted by one party to a lawsuit to the other party.

FALSE

T or F Negotiation is a procedure whereby the parties choose an impartial third party to hear and decide the dispute.

FALSE

T or F The act of people interested in the lawsuit joining as parties to an existing lawsuit is called arbitration.

FALSE

T or F Upon request, a plaintiff typically receives at least one judicial extension of the applicable statute of limitations period.

FALSE

T or F Voir dire is the process whereby the jurors ask prospective judges questions to determine whether they would be biased in their decisions.

FALSE

T or F When a group of plaintiffs with common claims collectively bring a lawsuit against a defendant, it is known as consolidation.

FALSE

The doctrine of strict liability holds the manufacturers of a defective product solely liable for injuries caused by that product.

FALSE

The reasonable person standard is a test used to determine whether a tort is intentional or unintentional.

FALSE

T or F A plaintiff who believes that he or she has been injured by the defendant can file a cross-complaint against the defendant.

FALSE- A defendant who believes that he or she has been injured by the defendant can file a cross-complaint against the plaintiff

Disparagement refers to the liability of a professional who breaches his or her duty of ordinary care.

FLASE

If a person did not have knowledge that his representation of facts was false, he is still liable for fraud.

FLASE

If a woman is informed of her husband being run over by a bus the previous night, she can recover damages for negligent infliction of emotional distress.

FLASE

What is the purpose of a pretrial hearing?

Facilitating the settlement of a case before it goes to trial

A class action is a court order directing the defendant to appear in court and answer the complaint.

False

A deposition is oral testimony given by a party or witness during the trial.

False

A justice who agrees with the outcome of a case but not the reason proffered by other justices can issue a dissenting opinion that sets forth his or her reasons for deciding the case.

False

A plaintiff who believes that he or she has been injured by the defendant can file a cross complaint against the defendant

False

A plaintiff who believes that he or she has been injured by the defendant can file a cross-complaint against the defendant.

False

A tie decision by the U.S. Supreme Court sets a precedent for later cases.

False

Antitrust, bankruptcy, patent and copyright cases can be heard by state courts.

False

Appellate court decisions are final and cannot be appealed to any higher courts.

False

Federal judges of the U.S. district courts are appointed for 14-year terms.

False

For federal question cases to be brought in a federal court, the dollar amount of the controversy must exceed $75,000.

False

If a person did not have knowledge that his representation of facts was false, he is still liable for fraud.

False

In a criminal lawsuit, the government is represented by a lawyer called the defense attorney.

False

In deciding the motion for judgment on the pleadings, the judge also considers facts outside the pleadings.

False

In deciding the motion of judgement on the pleadings, the judge also considers facts outside the pleadings

False

In small claims courts, it is necessary that the parties are represented by a lawyer at all times

False

In the U.S. circuit courts of appeals, an en banc review refers to an appeal heard by a three-judge panel.

False

In the United States, each state has only a single district court.

False

Intermediate appellate courts review new evidence or testimony that was not seen or heard in the lower courts.

False

Interventions are written questions submitted by one party to a lawsuit to the other party.

False

The Chief Justice of the Supreme Court is elected by the Associate Justices of the U.S. Supreme Court.

False

The U.S. Supreme Court hears new evidence and testimony that was not permitted in the U.S. district court.

False

The act of people interested in the lawsuit joining as parties to an existing lawsuit is called arbitration.

False

The decisions of the U.S. Supreme Court can be appealed to higher courts.

False

The intermediate appellate courts do not allow the parties to have oral hearings.

False

The reasonable person standard is a test used to determine whether a tort is intentional or unintentional.

False

Upon a request, a plaintiff typically receives at least one judicial extension of the applicable statute of limitations period.

False

When a group of plaintiffs with common claims collectively bring a lawsuit against a defendant, it is known as consolidation.

False

Where a long-arm statute is present, a defendant need not have minimum contact with a state for that state's courts to have jurisdiction over the defendant.

False

_______________ refers to cases arising under the U.S. constitution, treaties, or federal statues and regulations

Federal questions cases

Jintopia is a country in which the federal government and the twelve state governments share powers. The form of government in Jintopia is ___.

Federalism

___ are the most serious crimes, including crimes that are mala in se.

Felonies

The federal government imposes an additional hundred percent tax only on Fierra cars being sold in North Carolina.

Fierra Inc. is a German automobile manufacturer that has a five percent market share in the United States' automobile market. The company has a unit in North Carolina that imports Fierra automobiles from its parent company in Germany and assembles them. Which of the following measures is in accordance with U.S.A.'s Foreign Commerce Clause?

With this information, Dawson proceeds to file a suit against his son. In the above scenario, which criminal activity is Frank engaging in when faking his father's signature?

Forgery

________ is speech that the government cannot prohibit or regulate.

Fully protected speech

___ crimes require that the perpetrator either knew or should have known that his or her actions would lead to harmful results

General intent

_________ crimes require that the perpetrator either knew or should have known that his or her actions would lead to harmful results

General intent

kingsland is a country that has been exporting apples to the united states for over a century shipping 300 tins to Georgia which of the following measures should be taken to regulate apple imports from kingsland?

Georgia can appeal to the federal authority that can stop imports from kingsland

A(n) ________ is a statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations.

Good Samaritan law

The state of Idaho has a two year statute of limitations for personal injury actions. Graham was injured by Alice in a car accident on January 1, 2013. If Graham wants to bring a lawsuit against Alice on January 15, 2015, which of the following is most likely to be the outcome?

Graham is not allowed to sue Alice, having lost his right to sue her

The state of Idaho has a two year statute of limitations for personal injury actions.Graham was injured by Alice in a car accident of January 1, 2013. If Graham wants to bring a lawsuit against Alice on January 15, 2015, which of the following is most likely to be the outcome?

Graham is not allowed to sue Alice, having lost his right to sue her.

The state of Idaho has a two-year statute of limitations for personal injury actions. Graham was injured by Alice in a car accident on January 1, 2013. If Graham wants to bring a lawsuit against Alice on January 15, 2015, which of the following is most likely to be the outcome?

Graham is not allowed to sue Alice, having lost his right to sue her.

The federal government and the 50 state governments share powers. When the states ratified the Constitution, they delegated certain powers (enumerated powers) to the federal government. Any powers that are not specifically delegated to the federal government by the Constitution are reserved to the state governments. These are called reserved powers. State governments are empowered to deal with local affairs. Cities adopt zoning laws that designate certain portions of the city as residential areas and other portions as business and commercial areas.

How is power divided between the federal government and the state governments?

The federal government is divided into three branches: Legislative branch: The part of the U.S. government that makes federal laws. It is known as Congress (the Senate and the House of Representatives). Executive branch: The part of the U.S. government that enforces the federal law. It consists of the president and vice president. Judicial branch: The part of the U.S. government that interprets the law. It consists of the Supreme Court and other federal courts. Checks and balances are built into the Constitution to ensure that no one branch of the federal government becomes too powerful. Examples of some of the checks and balances in our system of government are as follows: The judicial branch has authority to examine the acts of the other two branches of government and determine whether those acts are constitutional. The executive branch can enter treaties with foreign governments only with the advice and consent of the Senate.

How is the federal government divided? Why are checks and balances necessary? Explain with instances.

Which of the following statements best represents the distinction between binding and nonbinding arbitration?

If the arbitration is nonbinding, the decision and award of the arbitrator can be appealed to the courts.

In a ____ contract, agreement between parties is inherited from their conducr

Implied-in-fact

In a 1964 landmark case, the Supreme Court examined an argument stemming from an allegation that a hotel owner violated of the Civil Rights Act of 1964 by refusing to rent rooms to African Americans. Which of the following statements about the case is true?

In Heart of Atlanta Motel v. United States the Supreme Court held that the Commerce Clause gave the U.S. Congress power to force private businesses to abide by the Civil Rights Act of 1964, which prohibits discrimination in public accommodations.

Short Answer What can a party to a lawsuit do if he or she is displeased with the trial court's judgment?

In a civil case, either party can appeal the trial court's decision once a final judgment is entered. Only the defendant can appeal in a criminal case. The appeal is made to the appropriate appellate court. A notice of appeal must be filed by a party within a prescribed time after judgment is entered. An appellate court will reverse a lower court decision if it finds an error of law in the record.

plaintiff

In a litigation process, the party who files a complaint is called the ________.

True

In federalism, the federal government and the state governments share powers.

________ refers to a court's jurisdiction over the parties in a lawsuit

In personam Jurisdiction

_______ refers to jurisdiction to hear a case because of jurisdiction over the property of the lawsuit.

In rem Jurisdiction

A group of plaintiffs collectively brings a lawsuit against a defendant.

In which of the following cases does a class action occur?

A defendant does not file a written response to a plaintiff's complaint.

In which of the following cases is a default judgment entered?

santo belongs to Eloik tribe in an Indian reservation in southern Nevada . He wants to open a casino in the reservations however the state authority denies the tribe permission to open a casino in its own territory which of the following permits the tribe to bring suit in federal court and force the state to comply?

Indian gaming regulatory act

Which of the following is a difference between indictments and information systems?

Indictments are issued by a grand jury, while an information statement by a magistrate.

What is the period of copyright protection provided for individuals under the Copyright Term Extension Act of 1998?

Individuals are granted copyright protection for their lifetime plus 70 years

_________ are courts that hear matters of a specialized or limited nature.

Inferior Trial Courts

If K.A. finds an employee serving another company, it can approach the court to obtain a ___ to prevent the employee from working in the other company

Injunction

Which of the following statements is true about the strict liability doctrine?

Injured bystanders are entitled to the same protection as the product's consumer.

___ are written questions submitted by one party to a lawsuit to another party.

Interrogatories

____ are written questions submitted by one party to a lawsuit to another party.

Interrogatories

________ are written questions submitted by one party to a lawsuit to another party.

Interrogatories

Which of the following statements is true of the doctrine of quasi-contract?

It is an equitable doctrine intended to prevent unjust enrichment.

Which of the following statements is true about strict liability?

It is liability without fault.

Which of the following provisions does the American Inventors Protection Act make?

It lets inventors applt for a provisional right application.

Jerry, a football player who earns $2 million a year

Jessica is babysitting Kyle one afternoon when Kyle starts bleeding from his nose. Jessica manages to stop the bleeding and rushes out to the nearest pharmacy-three miles away-to get medication for him. While doing so, she locks the house from outside and asks Kyle not to leave the house till she returns. The only way he can get out of the house is by breaking a window. Due to a roadblock on her way back, Jessica is delayed by an hour. Which of the following statements is true in this case?

Jessica is not liable for prosecution for an intentional tort.

Federalism

Jintopia is a country in which the federal government and the twelve state governments share powers. The form of government in Jintopia is ________.

Which of the following terms refers to the overturn of verdict when jury misconduct is detected?

Judgment notwithstanding the verdict

__________ is described as the theory or philosophy of law.

Jurisprudence

Kate Geller

Georgia should appeal to the federal authority which can stop imports from Kingsland.

The ___ branch of the U.S. government is responsible for making federal law.

Legislative

The ___ branch of the federal government has the power to enact laws.

Legislative

Distinguish between limited protected speech and unprotected speech, as defined by the U.S. Supreme Court.

Limited protected speech refers to speech that the government may not prohibit but that is subject to time, place, and manner restrictions. Two major forms of limited protected speech are offensive speech and commercial speech. The U.S. Supreme Court has held that certain speech is unprotected speech that is not protected by the First Amendment and may be totally forbidden by the government. The Supreme Court has held that the following types of speech are unprotected speech-dangerous speech, fighting words that are likely to provoke a hostile or violent response from an average person, speech that incites the violent or revolutionary overthrow of the government, defamatory language, child pornography, and obscene speech.

Ordinances are codified laws that are issued by ___.

Local government bodies

Martin wins a car in a lottery. As he already owns a car, he decides to sell the new one to his friend Ted. While driving the car, Ted gets into a head-on collision with another car. Due to a defect in the vehicle's Supplemental Restraint System (SRS), the airbag does not deploy and Ted is seriously injured. Which of the following statements is true of this situation?

Martin cannot be held strictly liable as the sale of the car counts as a casual transaction.

Mary was getting a ride home in John's new car. On the way, a malfunctioning brake caused an accident and both Mary and John were injured. Which of the following statements is true of the situation?

Mary can recover in a strict liability lawsuit against the manufacturer of John's car

Mary was getting a ride home in John's new car. On the way, a malfunctioning brake caused an accident and both Mary and John were injured. Which of the following statements is true of this situation?

Mary can recover in a strict liability lawsuit against the manufacturer of John's car.

By allowing the U.S. citizens to practice any religion of their choice, what essential function of the law does the U.S. Constitution serve?

Maximizing individual freedom

In which of the following methods of alternative dispute resolution must parties to a case employ a neutral third party to settle their dispute?

Mediation

________ is a form of negotiation in which a neutral third party assists the disputing parties in reaching a settlement of their dispute.

Mediation

Bartie's, Inc. sells water colors and pastels that are marked as unsafe for use by children. However several accounts of lead posioning were reported in children who used the products. An investigation revealed that the company was knowingly manufacturing colors that contained toxic amounts of heavy metal. Which of the following torts has Bartie's, Inc. committed?

Misrepresentation

Monica told a prospective patient that a certain cosmetic surgeon had been banned from practicing by the American Medical Council, but this is untrue. Is Monica liable for prosecution? Why?

Monica is liable for prosecution for defamation of character. The tort of defamation of character requires a plaintiff to prove that: The defendant made an untrue statement of fact about the plaintiff. The statement was intentionally or accidentally published to a third party. In this context, publication simply means that a third person heard or saw the untrue statement. It does not require appearance in newspapers, magazines, or books.

Monica told a prospective patient that a certain cosmetic surgeon had been banned from practicing by the American Medical Council, but this is untrue. Is Monica liable for prosecution? Why?

Monica is liable for prosecution for defamation of character. The tort of defamation of character requires a plaintiff to prove that: a. The defendant made an untrue statement of fact about the plaintiff. b. The statement was intentionally or accidentally published to a third party. In this context, publication simply means that a third person heard or saw the untrue statement. It does not require appearance in newspapers, magazines, or books.

The violation of a statute that proximately causes an injury is termed as ________.

Negligence per se

________ is the violation of a statute that proximately causes an injury.

Negligence per se

Rita and Robert are contending parties to a lawsuit involving the division of the inheritance from their grandmother. They with to settle their case out of courts. Rita and Robert engage in discussions and bargaining in the presence of their attorneys and finally conclude that Robert keeps 60 percent of the inheritance and Rita gets the remainder. In this scenario, the ___ method of alternative dispute resolution is used.

Negotiation

The U.S. Supreme Court is composed of ___ justices.

Nine

Uploading copyrighted material to an unauthorized web site by a non-copyright holder would count as an act of copyright infringement under the ______.

No Electronic Theft Act

Uploading copyrighted material to an unauthorized website by a non-copyright holder would constitute copyright infringement under the ___.

No Electronic Theft Act

Which of the following provisions is made by the Due Process Clauses?

No person shall be deprived of life, liberty, or property without due process of the law

A party who owes a duty of performance under a contract is called the ___.

Obligor

Apart from recovering damages, and recovering profits made by the offender, successful plaintiffs in a misappropriation of a trade secret case can also ______

Obtain an injunction prohibiting the offender from divulging the trade secret

summons

Once a complaint has been filed with the court, the court will issue a(n) ________, directing the defendant to appear in court.

Short Answer Why are pretrial hearings necessary, especially if both parties have pursued the lawsuit with full knowledge?

One of the major purposes of pretrial hearings is to facilitate the settlement of a case. This saves on legal expenses incurred by both parties. It also helps to save the time of the court, which can be used to pursue other (and more crucial) cases. If no settlement is reached, the pretrial hearing is used to identify the major trial issues and other relevant factors.

In terms of a contract's enforcement, which of the following is true?

Parties may voluntarily perform a contract that is unenforceable

The ________clauses in the Constitution collectively prohibit states from enacting laws that unduly discriminate in favor of their residents.

Privileges and Immunity

________ is the liability of a professional who breaches his or her duty of ordinary

Professional malpractice

________ is the liability of a professional who breaches his or her duty of ordinary care.

Professional malpractice

What function of the law is being served when passing laws that prohibit discrimination at workplaces?

Promoting social justic

In a criminal case, the government is represented by the ________.

Prosecuter

Which of the following statements is true of a court trial?

Prospective jurors are questioned by lawyers for each party.

________ is a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions.

Proximate cause

___ damages refer to monetary damages that are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff

Punitive

________ damages refer to monetary damages that are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff.

Punitive

Short Answer Differentiate between trials with and without jury.

Pursuant to the Seventh Amendment to the U.S. Constitution, a party to a civil action at law is guaranteed the right to a jury trial in a case in federal court. If either party requests a jury, the trial will be by jury. If both parties waive their right to a jury, the trial will occur without a jury. The judge sits as the trier of fact in nonjury trials. Lawyers for each party and the judge can ask prospective jurors questions to determine whether they would be biased in their decisions. Biased jurors can be prevented from sitting on a particular case.

_______ refers to jurisdiction that allows a plantiff who obtains a judgement in one state to try to collect the judgement by attaching property of the defendant located in another state.

Quasi in rem Jurisdiction

Stella is injured...unconcuous..goes to hospital while unconscious. Under the the doctrine of _______ cotract, Stella has to pay the hospital for its service.

Quasi-Contract

A _____ is an equiable doctrine whereby a court may award monetary damages to a plaintiff for providing work or services to a defendent even though no actual contract existed.

Quasi-contract

After the defendant's attorney has finished calling witnesses, the plaintiff's attorney can call witnesses and put forth evidence to disprove the defendant's case. This is called a __________.

Rebuttal

Which of the following statements is true of the United States' Foreign Commerce Clause?

Regulation of foreign commerce by state governments is unconstitutional.

___ include environmental laws, securities laws, and antitrust laws that provide for criminal violations and penalties

Regulatory statutes

A ______ is a document filed by the original plaintiff to answer the defendant's cross-complaint.

________ is a doctrine that raises a presumption of negligence and switches the burden to the defendant to prove that he or she was not negligent.

Res ipsa loquitur

_________ is a doctrine that raises a presumption of negligence and switches the burden to the defendant to prove that he or she was not negligent.

Res ipsa loquitur

False

Reserved powers are delegated to the judiciary by the President of the United States.

State Governments

Reserved powers remain with the ________.

Which of the following rights is set forth by the 6th Amendment to the U.S. Constitution?

Right to a public trial by jury

Indian Gaming Regulatory Act (1988)

Santo belongs to the Eliok tribe in an Indian reservation in southern Nevada. He wants to open a casino on the reservation. However, the state authority denies the tribe permission to open a casino in its own territory. Which of the following permits the tribe to bring suit in federal court and force the state to comply?

A(n) ________ is a hearing before a trial in order to facilitate the settlement of a case.

Settlement conference/pretrial hearing

Jeremy crashes his friend John's car because he is an incompetent driver. Emily, John's sister, is outraged and wants John to sue his friend. John refuses to file a case against his long-time friend. Which of the following can Emily do in this scenario?

She cannot sue Jeremy, as she has no stake in the outcome of the case

Which of the following actions would make Sarah liable for battery?

She slaps her ex-husband because he denied her alimony

Which of the following actions would make Sarah liable for battery?

She slaps her ex-husband because he denied her alimony.

Imposing a ban on public smoking can serve as an example of a law that adheres to the ____ School of jurisprudence.

Sociological

The _____ established by Congress have limited jurisdiction.

Special Federal Courts

________ crimes require that the perpetrator intended to achieve a specific result from his illegal act.

Specific intent

True

State governments do not have the power to regulate commerce with foreign nations.

Explain the role of penal codes and regulatory statutes in criminal law.

Statutes are the primary source of criminal law. Most states have adopted comprehensive penal codes that define in detail the activities considered to be crimes within their jurisdictions and the penalties that will be imposed for their commission. A comprehensive federal criminal code defines federal crimes. In addition, state and federal regulatory statutes often provide for criminal violations and penalties. The state and federal legislatures are continually adding to the list of crimes. The penalty for committing a crime may consist of the imposition of a fine, imprisonment, both, or some other form of punishment.

________ is a tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect, irrespective of fault.

Strict liability

________ is liability without fault.

Strict liability

Explain the doctrine of strict liability with examples.

Strict liability is liability without fault. That is, a participant in a covered activity will be held liable for any injuries caused by the activity, even if he or she was not negligent. This doctrine holds that (1) there are certain activities that can place the public at risk of injury even if reasonable care is taken and (2) the public should have some means of compensation if such injury occurs. Strict liability is imposed for abnormally dangerous activities that cause injury or death. Activities such as crop dusting, blasting, fumigation, burning of fields, storage of explosives, and the keeping of animals and pets are usually considered activities to which strict liability applies.

Under negligence, a person is liable only for _________ events.

Superseding

A homeowner is liable for negligence per se if he or she fails to repair a damaged sidewalk in front of his or her home and a pedestrian who trips on the unrepaired sidewalk is injured.

A lawyer who fails to file a document with the court on time, causing the client's case to be dismissed, is liable for legal malpractice.

Advertising is categorized as limited protected speech.

Assumption of the risk is a defense a defendant can use against a plaintiff who knowingly and voluntarily participates in a risky activity that results in injury.

If a nurse administers CPR to save the life of a dying man and negligently injures the man's arm in the process, the nurse cannot be sued as he or she is protected by Good Samaritan statutes.

If a plaintiff is injured, the damages recoverable depend on the effect of the injury on the plaintiff's life or profession.

If the defendant's act caused the plaintiff's injuries, there is causation in fact.

John watches his brother being killed in a road accident. The perpetrator was driving under the influence of alcohol. John can recover damages for negligent infliction of emotional distress for the mental trauma he suffered from watching his brother die.

Lila, a newspaper columnist in Chicago, is unhappy with the rising prices of fuel in the United States. She publishes an article criticizing the government's refusal to offer gasoline at subsidized rates. This is an example of fully protected speech.

Statutes often establish duties owed by one person to another.

The Establishment Clause guarantees that there will be no state-sponsored religion.

The Supreme Court has held that the content of offensive speech may not be forbidden but that it may be restricted by the government.

The violation of a statute that proximately causes an injury is termed as negligence per se.

FALSE

T or F A class action is a court order directing the defendant to appear in court and answer the complaint.

TRUE

T or F A class action lawsuit is certified only if there is commonality among the plaintiffs' claims.

TRUE

T or F A defendant can answer a complaint and file a cross-complaint at the same time.

FALSE

T or F A deposition is oral testimony given by a party or witness during the trial.

FALSE- A defendant who believes that he or she has been injured by the defendant can file a cross-complaint against the plaintiff

T or F A plaintiff who believes that he or she has been injured by the defendant can file a cross-complaint against the defendant.

TRUE

T or F A pretrial hearing is also known as a settlement conference.

TRUE

T or F A pretrial motion is made to try and dispose of all or part of a lawsuit prior to trial.

TRUE

T or F A reply is a document filed by the original plaintiff in response to the defendant's cross-complaint.

TRUE

T or F An answer is the defendant's written response to a plaintiff's complaint that is filed with the court and served on the plaintiff.

TRUE

T or F If the defendant does not answer the complaint, a default judgment is entered against him or her.

TRUE

T or F In a case of personal injury due to an accident, the statute of limitations begins to "run" at the time the accident occurs.

FALSE

T or F In deciding the motion for judgment on the pleadings, the judge also considers facts outside the pleadings.

FALSE

T or F Interventions are written questions submitted by one party to a lawsuit to the other party.

TRUE

T or F Motions for summary judgment are supported by evidence outside of the pleadings.

TRUE

T or F Once a default judgment is established, the plaintiff only has to prove damages.

FALSE

T or F The act of people interested in the lawsuit joining as parties to an existing lawsuit is called arbitration.

TRUE

T or F The paperwork that is filed with the court to initiate and respond to a lawsuit is referred to as the pleadings.

FALSE

T or F Upon request, a plaintiff typically receives at least one judicial extension of the applicable statute of limitations period.

FALSE

T or F When a group of plaintiffs with common claims collectively bring a lawsuit against a defendant, it is known as consolidation.

A defendant who has not been negligent but who is made to pay a strict liability judgment can bring a separate action against the negligent party in the chain of distribution to recover its losses.

TRUE

A homeowner is liable for negligence per se if he or she fails to repair a damaged sidewalk in front of his or her home and a pedestrian who trips on the unrepaired sidewalk is injured.

TRUE

A lawyer who fails to file a document with the court on time, causing the client's case to be dismissed, is liable for legal malpractice.

TRUE

A threat of future harm or moral pressure is not considered false imprisonment.

TRUE

Actual physical contact is not necessary for a tort to be considered an assault.

TRUE

Assumption of the risk is a defense a defendant can use against a plaintiff who knowingly and voluntarily participates in a risky activity that results in injury.

TRUE

Casual sales and transactions are not covered under the strict liability doctrine.

TRUE

Direct physical contact, such as intentionally hitting someone with a fist, is considered battery.

TRUE

Disparagement is an untrue statement made by one person or business about the products, services, property, or reputation of another business.

TRUE

If a nurse administers CPR to save the life of a dying man and negligently injures the man's arm in the process, the nurse cannot be sued as he or she is protected by Good Samaritan statutes.

TRUE

If a plaintiff is injured, the damages recoverable depend on the effect of the injury on the plaintiff's life or profession.

TRUE

If the defendant's act caused the plaintiff's injuries, there is causation in fact.

TRUE

In a lawsuit for malicious prosecution, the original defendant sues the original plaintiff.

TRUE

Intentional misrepresentation occurs when a wrongdoer deceives another person out of money, property, or something else of value.

TRUE

Jessica files a frivolous lawsuit against Thomas claiming emotional distress because he plucked flowers from her garden without her permission. The judge exonerates Thomas. Thomas can now sue Jessica for malicious prosecution.

TRUE

Statutes often establish duties owed by one person to another.

TRUE

T or F A class action lawsuit is certified only if there is commonality among the plaintiffs' claims.

TRUE

T or F A defendant can answer a complaint and file a cross-complaint at the same time.

TRUE

T or F A pretrial hearing is also known as a settlement conference.

TRUE

T or F A pretrial motion is made to try and dispose of all or part of a lawsuit prior to trial.

TRUE

T or F A reply is a document filed by the original plaintiff in response to the defendant's cross-complaint.

TRUE

T or F An answer is the defendant's written response to a plaintiff's complaint that is filed with the court and served on the plaintiff.

TRUE

T or F If the defendant does not answer the complaint, a default judgment is entered against him or her.

TRUE

T or F In a case of personal injury due to an accident, the statute of limitations begins to "run" at the time the accident occurs.

TRUE

T or F In a rejoinder, the defendant's attorney can call additional witnesses and introduce other evidence to counter the plaintiff's rebuttal.

TRUE

T or F Motions for summary judgment are supported by evidence outside of the pleadings.

TRUE

T or F Once a default judgment is established, the plaintiff only has to prove damages.

TRUE

T or F Only the defendant can appeal in a criminal case.

TRUE

T or F The paperwork that is filed with the court to initiate and respond to a lawsuit is referred to as the pleadings.

TRUE

The manufacturer or seller is not liable if a product is materially altered or modified after it leaves the seller's possession and the alteration or modification causes an injury.

TRUE

The violation of a statute that proximately causes an injury is termed as negligence per se.

TRUE

Under the doctrine of strict liability, bystanders who are injured by a defective product are entitled to the same protection as the product's consumers.

TRUE

False

The Due Process Clause of the U.S. Constitution grants Congress the power "to regulate commerce with foreign nations, and among the several states, and with Indian tribes."

Which of the following statements is trie about the Federal Arbitration Act (FAA) of 1925?

The FAA restricts federal courts from hearing issues of law that have been decided by an arbitrator.

Which of the following statements is true about the Federal Arbitration Act (FAA) of 1925?

The FAA restricts federal courts from hearing issues of law that have been decided by an arbitrator.

True

The House of Representatives has the power to impeach the President for certain activities, such as treason, bribery, and other crimes.

Which school of jurisprudence thought emphasizes using law as a tool for market efficiency while solving legal disputes?

The Law and Economics School of jurisprudence

Which school of jurisprudentail thought is reflected in documents such as the U.S. Constitution, the Magna Carta, and the United Nations Charter?

The Natural Law School

False

The Supremacy Clause establishes that the fundamental legal and political authority is vested in the citizens of the United States of America.

What is the jurisdiction of the U.S. Supreme Court?

The Supreme Court, which is an appellate court, hears appeals from federal circuit courts of appeals and, under certain circumstances, from federal district courts, special federal courts, and the highest state courts. No new evidence or testimony is heard. As with other appellate courts, the lower court record is reviewed to determine whether there has been an error that warrants a reversal or modification of the decision. Legal briefs are filed, and the parties are granted a brief oral hearing. The Supreme Court's decision is final.

Which of the following statements is true of the U.S. Supreme Court?

The U.S. Supreme Court does not hear any new evidence or testimony in reviewed cases

Federalism

The U.S.'s form of government is referred to as ________, in which the federal government and the fifty states share powers.

True

The United States considers Native American tribes as "domestic dependent" nations with limited sovereignty.

Legislative

The ________ branch of the U.S. government is responsible for making federal law.

Legislative Branch

The ________ is responsible for making federal law.

plaintiff

The ________ is the party who files a complaint.

Preemption Doctrine

The ________ provides that federal law takes precedence over state or local law.

Articles of Confederation

consolidation

The act of a court combining two or more separate lawsuits into one lawsuit is called ________.

intervention

The act of other interested parties joining as parties to an existing lawsuit is termed as ________.

intervention

The act of others joining as parties to an existing lawsuit is called ________.

True

The concept of federal law taking precedence over state or local law is called the preemption doctrine.

Which of the following is true of a contract in which one of the parties is insane but not adjudged insane?

The contract is only voidable by the insane person

Which of the following similarities is observed between tie and plurality decisions made by the U.S. Supreme Court?

The decisions do not set precedent for later cases.

Which of the following statements is true of the plaintiff's case?

The defendant's attorney can ask questions only about the subjects that were brought up during the direct examination.

witness/party/deponent

The deposition of a(n) ________ can be given voluntarily or pursuant to a court order.

Fierra Inc. is a German automobile manufacturer that has a five percent market share in the United States' automobile market. The company has a unit in North Carolina that imports Fierra automobiles from it parent company in Germany and assembles them. Which of the following measures is in accordance with U.S.A.'s Foreign Commerce Clause?

The federal government imposes an additional hundred percent tax on Fierra cars being sold in North Carolina

Bill of Rights

The first ten amendments to the U.S. Constitution are collectively known as the

bicameral

The legislative branch of the U.S. federal government is ________.

Which of the following statements best describes re-direct examination?

The plaintiff's attorney questions the witness who was questioned by the defendant's attorney

Electoral College

The president is selected by the

False

The primary purpose of the Constitutional Convention of 1787 was to limit the power of the federal government and restrict it from levying or collecting taxes

litigation

The process of bringing, maintaining, and defending a lawsuit is called ________.

Graham is not allowed to sue Alice, having lost his right to sue her.

Which of the following statements is true of states' police power?

The states are given the authority to enact laws that regulate the conduct of business within their borders

plaintiff must bring a lawsuit against a defendant

The statute of limitations establishes the period within which a ________.

deposition

The term ________ refers to the oral testimony given by a party or witness prior to trial.

________ refers to an attempt by another person to take over a living person's name or identity for commercial purposes.

The tort of appropriation

What happens to the ownership of a copyrighted work after the copyright period expires?

The work enters the public domain and can be used for free

Which of the following statements is true of intermediate appellate courts?

They review either pertinent parts or the whole trial court record from the lower court.

Tim cannot recover any damages from the motorcycle manufacturer.

Under the doctrine of contributory negligence, what would be the ruling of the court hearing this case?

Time can recover $50,000 worth of damages plus any punitive damages that may be awarded by the jury

Short Answer Briefly explain the steps involved in the pretrial litigation process.

To initiate a lawsuit, the plaintiff must file a complaint in the proper court. The complaint names the parties to the lawsuit, alleges the ultimate facts and law violated, and contains a "prayer for relief" for a remedy to be awarded by the court. Following this, the defendant must file an answer to the complaint and can also file a cross-complaint against the plaintiff to claim damages. The plaintiff replies to the defendant's cross-complaint. If other persons have an interest in a lawsuit, they may intervene and become parties to the lawsuit. A statute of limitations establishes the period during which a plaintiff must bring a lawsuit against a defendant. If a lawsuit is not filed within this time period, the plaintiff loses his or her right to sue.

________ refers to an attempt by another person to take over a living person's name or identity for commercial purposes.

Tort of Appropriation

Which of the following intellectual properties is protect by the Lanham Act?

Trademark

A class action lawsuit is certified only if there is commonality among the plaintiffs' claims.

True

A decision of a limited-jurisdiction trial court can be appealed at a general-jurisdiction court or an appellate court.

True

A defendant can answer a complaint and file a cross-complaint at the same time.

True

A petitioner must file a petition for certiorari, asking the Supreme Court to hear the case.

True

A plaintiff, by filing a lawsuit with a court, gives the court in personam jurisdiction over him- or herself.

True

A pretrial hearing is also known as a settlement conference.

True

A pretrial motion is made to try and dispose of all or part of a lawsuit prior to trial.

True

A reply is a document filed by the original plaintiff in response to the defendant's cross-complaint.

True

An answer is the defendant's written response to a plaintiff's complaint that is filed with the court and served on the plaintiff.

True

Appeals from the Court of International Trade are heard by the U.S. Court of Appeals for the Federal Circuit.

True

Casual sales and transactions are not covered under the strict liability doctrine.

True

Decisions of highest state courts are final unless a question of law is involved that is appealable to the U.S. Supreme Court.

True

General-jurisdiction trial courts can be found in every state.

True

If a plaintiff brings a diversity of citizenship case in state court, it will remain there unless a defendant removes the case to federal court.

True

If the defendant does not answer the complaint, a default judgement is entered against him or her.

True

In a case of personal injury due to an accident, the statute of limitations begins to "run" at the time the accident occurs.

True

In a criminal lawsuit, guilt has to be proven beyond a reasonable doubt.

True

In general-jurisdiction trial courts, the testimony and evidence at trial are recorded and stored for future reference.

True

In the U.S. courts of appeals, the parties file legal briefs with the court and are given a short oral hearing.

True

Monetary damages and equitable remedies are provided in a civil lawsuit.

True

Motions for summary judgment are supported by evidence outside of the pleadings.

True

No new evidence or testimony is heard in the state supreme courts.

True

Once a default judgment is established, the plaintiff only has to prove damages.

True

Pursuant to the power given to it by Article III of the U.S. Constitution, Congress has established the U.S. courts of appeals.

True

The U.S. Congress gives the Supreme Court discretion to decide what cases it will hear.

True

The decisions handed down by the general-jurisdiction trial courts are appealable to an intermediate appellate court or the state supreme court.

True

The federal district courts are empowered to impanel juries, receive evidence, hear testimony, and decide cases.

True

The first 12 circuits of the federal court system are geographical.

True

The highest court in the land is the Supreme Court of the United States, which is located in Washington DC.

True

The paperwork that is filed with the court to initiate and respond to a lawsuit is referred to as the pleadings.

True

Under the doctrine of strict liability, bystanders who are injured by a defective product are entitled to the same protection as the product's consumers.

True

Which of the following courts are considered as the deferal court systems intermediate appellate courts?

U.S court of appeals

The ___ hears cases brought against the United States

U.S. Court of Federal Claims

Which of the following courts are the federal court system's trial courts of general jurisdiction?

U.S. District Courts

Which of the following courts are considered as the federal court system's intermediate appellate courts?

U.S. courts of appeals

Which of the following courts are the federal court system's trial courts of general jurisdiction?

U.S. district courts

If a contract is required to be in writing under the Statute of Frauds but is not, the contract is _______

Unenforaceable

________ is a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions.

Unintentional Tort

___ is a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions.

Unintentional tort

________ is a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions.

Unintentional tort

An offeror uses blackmail to make an offeree sign a contract that involves the sale of the offeree's house. The contract is ______

Voidable

Two brothers, Sam and Jim, were fighting over the division of their ancestral property. After ten years of legal battle, a frustrated Sam contacted a powerful politician who subjected Jim to extreme duress, forcing him to sign a contract in favor of Sam. When Same takes this contract to court, the contract will be declared ___.

Voidable

Two brothers, Sam and Jim, were figthting over the division of their ancestral property. After ten years of legal battle, a frustrated Sam contacted a powerful politician who subjected Jim to extreme duress to make him sign a contract of assent in favor of Sam. When Jim takes this contract to court, the contract will be declared _______.

Voidable

___ is the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions

Voir dire

____ is the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions.

Voir dire

________ is the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions.

Voir dire

facilitating the settlement of a case before it goes to trial

What is the purpose of a pretrial hearing?

According "Episode 554: How The Burrito Became A Sandwich," from the Planet Money Podcast, the Planet Money team has discovered multiple "fundamental principles of taxation" demonstrated by their investigation of how a burrito became a sandwich in New York. Which of the following are "fundamental principles" identified in the podcast?

When taxes get complicated enough, the only people who are both motivated and capable of following the ins-and-outs of the tax policy are professionals—tax lawyers and accountants. The more complicated the tax is, the harder people will work to avoid it. Taxes inevitably get more complicated.

At which stage of the criminal procedure is the accused asked to enter a plea?

When the accused is taken to an arraingment

True

When the states ratified the Constitution, they delegated certain powers—called enumerated powers—to the federal government.

answer

Which of the following can be filed by the defendant in a lawsuit?

personal property laws

Which of the following is enacted under state police power?

The U.S. Constitution and federal treaties, laws, and regulations are the supreme law of the land.

Which of the following is established by the Supremacy Clause of the U.S. Constitution?

motion for summary judgment

Which of the following motions asserts that based on supporting evidence outside the pleadings, there are no factual disputes to be decided by the jury, and the judge can apply the proper law to the undisputed facts and decide the case without a jury?

A default judgment establishes the defendant's liability.

Which of the following statements is true about the pretrial litigation process?

A deponent is allowed to correct his or her answers before signing the deposition.

Which of the following statements is true of a deposition?

The states are given the authority to enact laws that regulate the conduct of business within their borders.

Which of the following statements is true of states' police power?

Any state or local law that "directly and substantially" conflicts with valid federal law is preempted.

Which of the following statements is true of the Supremacy Clause of the U.S. Constitution?

Regulation of foreign commerce by state governments is unconstitutional.

Which of the following statements is true of the United States' Foreign Commerce Clause?

to prevent any one of the three branches of the government from becoming too powerful

Why have checks and balances been built into the U.S. Constitution?

What is direct examination?

Witnesses being questioned by the plaintiff's attorney

___ refers to an official notice that the Supreme Court will review a case.

Writ of certiorari

Interrogatories

________ are written questions submitted by one party to a lawsuit to another party.

What is meant by "causation in fact"?

a defendant's negligent act that caused the plaintiff's injuries

Which of the following types of patents is valid for only 14 years?

a design patent

Which of the following is considered real property?

a fixture permanently affixed to a building

What is a patent number?

a number assigned to a patent once the patent is granted

Stare decisis is the doctrine of ________.

adhering to legal precedent

The term __________ refers to the process in which a government-sanctioned body will apply the appropriate law to the facts of a case in order to formally make and announce a resolution to the legal dispute in the case.

adjudication

The Securities and Exchange Commission (SEC), created by the Congress to enforce federal securities laws, is an example of a(n) ________.

administrative agency

According to the doctrine of strict liability, which of the following parties is strictly liable for injuries caused by a defective product?

all parties in the chain of distribution

After an investigation, the EPA determined that Scottish Petroleum (SP) violated the Clean Air Act by discharging pollutants from one of its refineries. SP and the EPA attempted to negotiate a settlement regarding the violation, but the parties were unable to. The EPA plans to go forward with the matter to adjudicate the issues over how to address the violation, including the amount of the fines SP will have to pay, if any. The adjudication of the dispute will be heard by . . .

an administrative law judge.

Which of the following can be filed by the defendant in a lawsuit?

answer

which of the following statements is true about the supremacy clause of the U.S constitution ?

any state or law that directly and substantially conflicts with valid federal law is preempted

enumerated powers

are powers delegated to the federal government by the states.

John Harley was on his way home when an assailant stopped his car and threatened to physically harm him. John can sue the assailant to recover damages for ________.

assault

The threat of immediate harm or offensive contact is termed ________.

assault

battery

Unauthorized and harmful or offensive physical contact with another person is called ________.

battery

the legislative branch of the US federal government is ___

bicameral

How does the doctrine of stare decisis help in creating stability in a legal system?

by allowing the use of precedent in deciding future cases

a ___the Indian gaming regulatory act sets the terms of ___ on trail land

casino gambling

The ________ refers to all manufacturers, distributors, wholesalers, retailers, lessors, and subcomponent manufacturers involved in a transaction.

chain of distribution

A lawsuit where a group of plaintiffs with common claims collectively brings a lawsuit against a defendant is known as a(n) ____.

class action

A lawsuit where a group of plaintiffs with common claims collectively brings a lawsuit against a defendant is known as a(n) ________.

class action

A doctrine under which damages are apportioned according to fault is known as ________.

comparative negligence

The act of a court combining two or more separate lawsuits into one lawsuit is called ____.

consolidation

The act of a court combining two or more separate lawsuits into one lawsuit is called ________.

consolidation

The term ___ refers to a defense that says a person who is injured by a defective product but has been negligent and is partially responsible for his or her own injuries cannot recover from the defendant.

contributory negligence

The two elements that are required to be found guilty of an intent crime are ________ and ________.

criminal act/actus reus; criminal intent/mens rea

Jerome wears a t shirt that bears picture of a current us president under this picture there are words imply that the president is doing a bad job of running the country in accordance to the freedom of speech clause which of the following is valid ?

criticizing the current president is fully protected speech and Jerome cannot be prosecuted

A defendant who believes that he or she has been injured by the plaintiff can file a(n) ____ against the plaintiff.

cross-complaint

A defendant who believes that he or she has been injured by the plaintiff can file a(n) ________ against the plaintiff.

cross-complaint

A defendant who believes that he or she has been injured by the plaintiff can file a(n) _________ against the plaintiff.

cross-complaint

A defendant who believes that he or she has been injured by the plaintiff can file a(n)________ against the plaintiff.

cross-complaint

Libel and slander constitute ________.

defamation of character

which of the following is a form of unprotected speech ?

defamatory language

When the containers of a product are not tamperproof, this is a(n) ________.

defect in packaging

Only the ____ can appeal in a criminal case.

defendant

Only the ________ can appeal in a criminal case.

defendant

A(n) ____ is oral testimony given by a party or witness prior to trial.

deposition

A(n) ________ is oral testimony given by a party or witness prior to trial.

deposition

The term _____ refers to the oral testimony given by a party or witness prior to trial.

deposition

The term ________ refers to the oral testimony given by a party or witness prior to trial.

deposition

The term ___ refers to the oral testimony given by a party or witness prior to trial

desposition

Making false statements about a competitor's products, services, property, or business reputation could make a company liable for ________.

disparagement

Which of the following is an intentional tort?

disparagement

if the federal government has chosen not to regulate an area of interstate commerce that it has the power to regulate under its commerce clause power this area of commerce is subject to the ___ ?

dormant commerce clause

A failure to exercise care or to act as a reasonable person would act is a breach of the ________.

duty of care

In criminal proceedings, what course of action should Roland take to prevent Kelly from using evidence of his guilt against him in a subsequent civil trial seeking recovery for her injuries and hospital bills?

enter into a plea of nolo contendere

when the states ratified the constitution they delegated ___ powers to the federal government

enumerated

Under the plan laid out in the Constitution, the states delegated some (but not all) of their powers to the newly created federal government. Most of these powers are understood to flow directly from the list of subjects about which Congress may pass legislation. We call these Congress's [ Select ] ["particularized", "enumerated", "administrative", "pluralistic", "judicial"] powers. For example, Congress may "coin Money," "establish Post Offices," "establish [rules governing] Naturalization," as well as, create and maintain an Army and a Navy. It seemed to the Framers that they had carefully limited the scope of what the federal government could do by explicitly conferring only some specific powers to it. Yet, some people at the time must have doubted this, or, perhaps the Framers thought they should confirm this understanding, because they included the [ Select ] ["Second", "Tenth", "Twelfth", "First", "Fourteenth", "Third", "Twenty-ninth", "Seventh", "Eleventh"] Amendment, which expressly states that the states reserve all powers that were not given to the federal government by the Constitution, in the Bill of Rights .

enumerated tenth bill of rights

the ___ prohibits the government from promoting on religion over another ?

establishment clause

What is the purpose of a pretrial hearing?

facilitating the settlement of a case before it goes to trial

What is the purpose of pretrail hearing?

facilitation the settlement of a case before it goes to trial

The power to regulate interstate commerce lies exclusively with the federal government

false

The intentional confinement or restraint of another person without authority or justification and without consent is called ________.

false imprisonment

Administrative regulations come from . . .

federal boards, departments, commissions, and agencies. state boards, departments, commission, and agencies.

Esteos is a country which the federal government and the twelve state governments share powers the form of government is Esteos is called?

federalism

The ________ Clause prevents the government from enacting laws that either prohibit or inhibit individuals from participating in or practicing their chosen religions.

free exercise

the ____ clause prevents the government from enacting laws that either prohibit or inhibit individuals from participating in or practicing their chosen religion?

free exercise

gross negligence

Which of the following is a function of the state supreme courts?

hearing appeals from intermediate appellate state courts and certain trial courts

Sending an objectionable telegram to a third party and signing another's name constitutes the tort of ________.

intentional misrepresentation

an organization provides six months of maternity leave to its female employees where as its male employees can avail paternity leave for a maximum of two weeks . which of the following test is used to examine the lawfulness of this classification?

intermediate scrutiny

The act of other interested parties joining as parties to an existing lawsuit is termed as ________.

intervention

The act of other interested parties joining as parties to an existing lawsuit is termed as __________.

intervention

The act of others joining as parties to an existing lawsuit is called ____.

intervention

The act of others joining as parties to an existing lawsuit is called ________.

intervention

Which of the following terms refers to the overturn of verdict when jury misconduct is detected?

judgement notwithstanding the verdict

Which of the following terms refers to the overturn of verdict when jury misconduct is detected?

judgment notwithstanding the verdict

Susan Thompson was appointed by the president and confirmed by the Senate to a seat as a judge on the U.S. Court of Appeals for the Ninth Circuit. Like all federal judges, from time to time, Judge Thompson must decide whether the laws or actions of other branches of government are constitutional. The process for making this determination is known as . . .

judicial review.

What is jury deliberation?

jurors considering the evidence and attempting to reach a decision

The wrongful or fraudulent taking of another's personal intangible properities like trade secrets, computer programs, and other business property is considered a ___.

larceny

Which of the following would be considered an example of shaping moral standards, as seen as a function of the law?

laws discouraging drug and alcohol abuse

the __ is responsible for making federal law

legislative branch

False statements that appear in a letter, newspaper, magazine, book, photograph, movie or video are ________.

libel

Advertising is categorized as ________ speech.

limited protected

Offensive speech is a form of ________ speech according to the First Amendment.

limited protected

The process of bringing, maintaining, and defending a lawsuit is called _____.

litigation

The process of bringing, maintaining, and defending a lawsuit is called ________.

litigation

A civil action lawsuit in which the original defendant sues the original plaintiff for damages is known as ________.

malicious prosecution

In which of the following methods of alternative dispute resolution must parties to a case employ a neutral third party to settle their dispute?

mediation

Which of the following is a form of alternative dispute resolution?

mediation

In a mediation, the neutral third party is called a(n) ________.

mediator

In legal terminology, evil intent is also known as ________.

mens rea

A _____ alleges that if all the facts presented in the paperwork filed with the court to initiate or respond to the lawsuit are true, the party making the motion would win the lawsuit when the proper law is applied to these facts.

motion for judgement on the pleadings

A(n) ____ alleges that if all the facts presented in the pleadings are taken as true, the party making the motion would win the lawsuit when the proper law is applied to these asserted facts.

motion for judgment on the pleading

motion for judgment on the pleadings

A(n) ________ alleges that if all the facts presented in the pleadings are taken as true, the party making the motion would win the lawsuit when the proper law is applied to these asserted facts.

motion for judgment on the pleadings

motion for summary judgement

A(n) ____ asserts that based on supporting evidence outside the pleadings, there are no factual disputes to be decided by the jury, and the judge should apply the relevant law to the undisputed facts and decide the case.

motion for summary judgment

A(n) ________ asserts that based on supporting evidence outside the pleadings, there are no factual disputes to be decided by the jury, and the judge should apply the relevant law to the undisputed facts and decide the case.

motion for summary judgment

A tort in which the violation of a statute or an ordinance constitutes the breach of the duty of care is ________.

negligence per se

Martha is walking along a street with her son when he is hit by a passing car just as he steps off the pavement. He dies in his mother's arms, leaving her traumatized. The court hearing the case rules that Martha's son was not responsible for the accident. Martha can sue the person who killed her son to recover damages for ________.

negligent infliction of emotional distress

Rita Fuller and Robert Morgan are contending parties to a lawsuit involving the division of the inheritance from their grandmother. They wish to settle their case out of court. Rita and Robert engage in discussions and bargaining in the presence of their attorneys and finally conclude that Robert keeps 60 percent of the inheritance and Rita gets the remainder. In this scenario, the ________ method of alternative dispute resolution is used.

negotiation

A person driving over the prescribed speed limit in a suburban area hits and injures a pedestrian jaywalking against a red "Do Not Walk" sign. The jury finds that the driver was 80 percent responsible for the accident and the jaywalker was 20 percent responsible. The pedestrian suffered $100,000 in injuries. If the state in which this case is heard adopts the doctrine of contributory negligence to interpret such cases, the pedestrian is entitled to recover ________.

no damages from the driver

The power of judicial review is ____________ in the U.S. Constitution.

not explicitly stated

Which of the following refers to an agreement that substitutes a new party for one of the original contracting parties and relieves the existing party of liability on the contract?

novation

Which of the following is a form of limited protected speech?

offensive speech

which of the following is a form of limited protected speech?

offensive speech

A ___ is a grant by the federal government to the inventor of an invention for the exclusive right to use, sell, or license the invention for a limited amount of time

patent

A __________ i s a grant by the federal government upon the inventor of an invention for the exclusive right to use, sell, or license the invention for a limited amount of time.

patent

The appealing party in an appeal is called a(n) ________.

petitioner

In a ligation process, the party who files a complaint is called the ___________.

plaintiff

In a litigation process, the party who files a complaint is called the ________.

plaintiff

In a litigation process, the party who files a complaint is called the:

plaintiff

The ____ is the party who files a complaint.

plaintiff

The ________ is the party who files a complaint.

plaintiff

The statute of limitations establishes the period within which a ________.

plaintiff must bring a lawsuit against a defendant

The statute of limitations established the period within which a _________.

plaintiff must bring a lawsuit against a defendant.

Which of the following torts constitutes battery?

poisoning a person's drink

Which of the following types of "powers" describes the concept that states can make laws that provide for the general health, welfare, and safety of their citizens?

police

the ___ provides that federal law takes precedence over state or local law ?

preemption doctrine

the __ clause in the constitution collectively prohibits states from enacting laws that unduly discriminate in favor of their residents ?

privileges and immunities

the ___ requires that the government give a person proper notice and hearing of legal action before that person is deprive of his or her life liberty or property ?

procedural due process

The basic liberty we refer to as ____________ requires that the government give a person proper notice and hearing of legal action before that person is deprived of his or her life, liberty, or property.

procedural due process rights

If a lawyer fails to file a document with the court on time, causing his client's case to be dismissed, he would be liable for ________.

professional malpractice

Which of the following statements is true of a court trial?

prospective jurors are questioned by lawyers for each party

Mark Walton was involved in a car accident in which the airbag of his car failed to deploy. He sued the car maker for installing faulty airbags. But in the course of the case being heard in court, the car company and Mark decided to settle the lawsuit out of court. What important function of the law was served in this case?

providing a basis for compromise

The tort of defamation of character requires a plaintiff to prove that the defendant ________.

published an untrue statement of fact about the plaintiff to a third party

The federal government's Social Security program, which pays benefits to older members of society but not younger members of society, is lawful as examined by a ___ test.

rational basis

the lawfulness of all government classifications that do not involve suspect or protected classes is examined using a ?

rational basis law

After the defendant's attorney has finished calling witnesses, the plaintiff's attorney can call witnesses and put forth evidence to disprove the defendant's case. This is called a _____.

rebuttal

After the defendant's attorney has finished calling witnesses, the plaintiff's attorney can call witnesses and put forth evidence to disprove the defendant's case. This is called a ________.

rebuttal

In the civil case Jane Doe v. John Deer, the judge learns that the jury was swayed by the fact that Jane Doe was a woman. The jury entered its verdict in her favor. Owing to this, the judge reduces the damages awarded to Jane by $20,000. This act is called ________.

remittitur

In the civil case Jane Doe v. John Deer, the judge learns that the jury was swayed by the fact that Jane Doe was a woman. The jury entered its verdict on her favor. Owing to this, the judge reduces the damages awarded to Jane by $20,000. This act is called ____.

remittitur

A(n) ________ is a document filed by the original plaintiff to answer the defendant's cross-complaint.

A(n) __________ is a document filed by the original plaintiff to answer the defendant's cross-complaint.

A(n) ____ is a hearing before a trial in order to facilitate the settlement of a case.

settlement conference/ pretrial hearing

The Analytical School of jurisprudence maintains that the law should be ___.

shaped by logic

slander

Gary is a famous movie star. A tabloid published an interview with his ex in which she falsely claimed that Gary was completely bald and had been wearing a wig for several years. Gary can sue his ex for ___.

slander

A party seeking judicial review of a law must have ____________ to challenge that law, which means that the operation of the law must produce a substantial injury to the rights of the party seeking review.

standing

Donald, a resident of Louisiana, is robbed in Oklahoma County, Oklahoma. The robber, a resident of the state of Texas, is soon apprehended. Which of the following is the proper venue to hear this case?

state court in Texas because the defendant is from Texas

Reserved powers remain with the ___.

state governments

A(n) ____ establishes the period during which a plaintiff must bring a lawsuit against a defendant.

statute of limitations

A(n) ________ establishes the period during which a plaintiff must bring a lawsuit against a defendant.

statute of limitations

Vanessa is born to american parents from a minority group in Miami she applies to a public university that offers scholarships only to students from minority groups which of the following standards review is used to decide if the university violates the equal protection clause by offering Vanessa the scholarship?

strict scrutiny

a ___ test is applied to classifications of people based on a suspect class ?

strict scrutiny

the lawfullness of government classifications based on a protected class is examined using a ___

strict scrutiny

Which of the following requires that government statutes, ordinances, regulations, and other laws be clear on their face and not overly broad in scope?

substantive due process

the ___ requires that government statues ordinances regulations and other laws be clear on their face and not overly broad in scope?

substantive due process

Once a complaint has been filed with the court, the court will issue a _____ directing the defendant to appear in court.

summons

Once a complaint has been filed with the court, the court will issue a(n) ________, directing the defendant to appear in court.

summons

Once a complaint has been filed with the court, the court will issue a(n) ___________, directing the defendant to appear in court.

summons

A(n) ________ refers to an alteration or a modification of a product by a party in the chain of distribution that absolves all prior sellers from strict liability.

supervening event

any state or local law that directly and substantially conflicts with valid federal law is preempted under the ___

supremacy clause

Which of the following amendments to the U.S. Constitution contains the Due Process, Equal Protection and Privileges and Immunities Clauses?

the 14th Amendment

What federal statute was enacted by the U.S. Congress to protect trade secrets?

the Economic Espionage Act

Which school of jurisprudence views law as a sort of evolutionary process, where changing norms of society will be reflected in the law?

the Historical School of jurisprudence

which of the following is established by the supremacy clause of the US constitution?

the U.S Constitution and federal treaties laws and regulations are the supreme law of the land

Which of the following statements is true of the plaintiff's case?

the defendant's attorney can ask questions only about the subjects that were brought up during the direct examination.

The obligation people owe each other not to cause any unreasonable harm or risk of harm is termed ___.

the duty of care

The obligation people owe each other not to cause any unreasonable harm or risk of harm is termed ________.

the duty of care

Throwing a lit match on the ground in the forest and causing a fire is a breach of ________.

the duty of care

fierra inc is a german automobile manufactuer that has a fiver percent market share in the united states automobile market . the company has a unit in North Carolina that imports Fierras measures is in accordance witht the foreign commerce clause of the U.S

the federal government imposes an additional 100 percent tax only on fierra cars

which of the following amendments to the U.S constitution contained the due process equal protection and privileges and immunities clause ?

the fourteenth amendment

which of the following statements is true about the freedom of speech guaranteed by the bills of rights

the freedom of speech clause protects speech only not conduct

Who is the plaintiff in a criminal lawsuit?

the government

which of the following is an instance of a decision involving the equal protection clause being made on the basis of a rational basis test?

the government provides subsidies to farmers but not carpenters or lumberjacks

In order to claim damages for negligence per se, the plaintiff has to prove that ________.

the plaintiff was within a class of persons meant to be protected by the violated statute

Which of the following statements best describes re-direct examination?

the plaintiff's attorney questions the witness who was questioned by the defendant's attorney.

Even though the federal government is now much larger than any state government, in the U.S. legal system, the state legislatures still have the more expansive power, the power to make laws in furtherance of the public health, safety, welfare, and morality, which is referred to as . . .

the police power

State legislatures are the primary locus of ________, which is the power to make laws in furtherance of the public health, safety, welfare, and morality.

the police power

which of the following statements is true about states police powers?

the states are given the authority to enact laws that regulate the conduct of business

What led to the creation of the Chancery Courts?

the unfair results and limited remedies provided by the law courts

What was the key factor in the development of the English common law?

the use of precedence of past cases for judges to decide present simliar cases

What was the key reason for the creation of law courts during the early development of the English common law?

to administer law in a uniform manner

why have checks and balances been built into the U.S constitution?

to prevent any one of the three branches of the government from becoming too powerful

Police power permits states and local governments to enact laws to protect or promote the public health, safety, morals, and general welfare.

true

Which of the following best describes the tort of battery?

unauthorized and harmful or offensive physical contact with another person that causes injury

Yvonne finds a carpenter to do some repairs for her house and tells him that if he finishes the job by Saturday, she will pay him $1000. Yvonne's offer creates a ___ contract.

unilateral

Heather chooses to buy a scarf from Macy's and reads the price on the tag as $50. She used her credit card to pay for the scarf, but only after the purchase does she notice that the price tag actually says $500. This is an instance of a ___.

unilateral mistake

a certain state in the US declares that its citizens should only wear modest clothing which of the following conclusions is made when this law tested for substantive due process?

void for vagueness

The process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions is called ________.

voir dire

When is a criminal said to be judgement proof?

when the criminal does not have the money to pay a civil judgement

When does a patent enter the public domain?

when the patent term expires

The deposition of a(n) ____ can be given voluntarily or pursuant to a court order.

witness/ party/ deponent

The deposition of a(n) ________ can be given voluntarily or pursuant to a court order.

witness/party/deponent

What is cross-examination?

witnesses being questioned by the defendant's attorney

What is direct examination?

witnesses being questioned by the plaintiff's attorney

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