CLAW 301 TEST 1
Sara brings a lawsuit against Tucci over a sale of 1,500 acres of ranchland. During the trial, Tucci's attorney asks questions of the plaintiff's witness Ulysses. This is a. cross-examination. b. direct examination. c. voir dire. d. hearsay.
. cross-examination.
The legislature of the state of Wyoming enacts a new statute that sets standards for the liability of businesses selling defective products. This statute applies in a. Wyoming only. b. only Wyoming and its bordering states. c. all states. d. all states but only to matters not covered by other states' laws.
a. Wyoming only.
In Benny v. City Car Dealership, a state supreme court held that a minor could cancel a contract for the sale of a car. Now a trial court in the same state is deciding Dora v. Even Steven Auto Deals, Inc., a case with similar facts and issues. Under the doctrine of stare decisis, the trial court is likely to a. allow the minor to cancel the contract. b. disregard the Benny case. c. order the minor to cancel the contract. d. require the minor to fulfill the contract.
a. allow the minor to cancel the contract.
Under the commerce clause, Congress has the power to regulate a. any commercial activity in the United States that substantially affects interstate commerce. b. only activities that are in intrastate commerce. c. only activities that are in local commerce. d. only activities that are not in commerce.
a. any commercial activity in the United States that substantially affects interstate commerce.
Creamy Dairy produces award-winning ice cream sold to wholesale distributors, retail sellers, and individual consumers in all fifty states. Its business is regulated by the UCC, which provides a set of rules governing a. commercial transactions. b. dairy products and their production. c. merit standards for nutrition awards. d. the formation and initiation of a business.
a. commercial transactions.
Dave and Ellen enter into a contract via e-mail. When a dispute arises over the performance of the deal, Dave files a suit against Ellen. The emerging body of law that governs transactions such as this conducted via the Internet is referred to by the term a. cyberlaw. b. civil law. c. equitable maxims. d. IRAC.
a. cyberlaw.
In the early King's Court of England, a court of law could grant as a remedy only a. damages. b. an order to perform a contract as promised. c. a judicial proceeding for the resolution of a dispute. d. an injunction.
a. damages.
The commerce clause's implied limitation of a state's right to legislate in the area of interstate commerce is the a. dormant aspect. b. regulatory aspect. c. substantial aspect. d. exclusive aspect.
a. dormant aspect.
In Precise Paving Company's suit against Ride, Park n' Go, Inc., the jury returns a verdict in Precise Paving's favor. Precise Paving Company will most likely ask the court to a. enter a judgment in accordance with the verdict. b. enter a judgment n.o.v. c. enter a judgment as a matter of law. d. order a new trial.
a. enter a judgment in accordance with the verdict.
Marty files a suit against Norah in a state court over an employment contract. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. After the highest state court's review of Marty v. Norah, a party can appeal the decision to the United States Supreme Court a. if a federal question is involved. b. if a question of state law remains unresolved. c. if Marty questions the result. d. under no circumstances.
a. if a federal question is involved.
The members of Citizens Aware believe that a recently enacted federal law is unconstitutional. They write and sign a petition to the government to repeal the law, refuse to obey the law, and stop others from complying with the law. Under the First Amendment, these individuals have a right to a. petition the government. b. refuse to obey any law with which they disagree. c. stop others from complying with the law. d. all of the choices.
a. petition the government.
Zoom In, Inc., is engaged in the business of coding, with an emphasis on Internet marketing, business apps, and intra-corporate networks. In all of Zoom In's business activities, it is subject to United States laws and regulations. The basis for all law in the U.S. is a. the U.S. Constitution. b. each of the states' individual constitutions. c. legislation enacted by Congress. d. the executive orders of the president.
a. the U.S. Constitution.
Driving his motorcycle negligently, Joe crashes into a streetlight. The streetlight falls onto Kim, who is standing nearby, resulting in her death. But for Joe's negligence, Kim would not have died. Regarding the death, the crash is a. the cause in fact and the proximate cause. b. the intervening cause. c. the proximate cause but not the cause in fact. d. the superseding cause.
a. the cause in fact and the proximate cause.
The Regional Counties Commission approves a new property tax measure, and the professors and students at State Law School publish the results of their most recent legal research. Sources of law include a. the new property tax measure. b. the legal scholars' research. c. the new property tax measure and the legal scholars' research. d. neither the new property tax measure nor the legal scholars' research.
a. the new property tax measure.
Jack enters into a contract with Jill's Farm to provide water for Jill's irrigation needs. Jack fails to deliver. Jill initiates a suit against Jack, asking the court to order Jack to perform. Jill is a. the plaintiff. b. the defendant. c. the binding authority. d. the persuasive authority.
a. the plaintiff.
Destiny and Enzo engage in a business transaction. When a dispute arises, Destiny initiates a lawsuit against Enzo by filing a complaint. If Enzo files a motion to dismiss, he is asserting that a. Destiny did not state a claim for which relief can be granted. b. Destiny's statement of the facts is not true. c. Destiny's statement of the law is not true. d. Enzo suffered greater harm than Destiny.
a. Destiny did not state a claim for which relief can be granted.
Lyn files a suit against Karl. Karl denies Lyn's charges and sets forth his own claim that Lyn breached their contract and owes Karl money for the breach. Karl's claim is a. a counterclaim. b. a motion for judgment on the pleadings. c. a motion for summary judgment. d. a motion to dismiss.
a. a counterclaim.
Faye files a suit in a state court against Gas Station Stop, claiming employment discrimination. Gas Station loses the suit and appeals. After the state's highest court's review of Faye v. Gas Station Stop, either party can appeal the decision to the United States Supreme Court if a. a federal question is involved. b. a question of state law remains unresolved. c. the party is unsatisfied with the result. d. the state trial and appellate court rulings are different.
a. a federal question is involved.
The case of Max v. National Credit Co. is heard in a trial court. The case of O! Boy! Ice Cream Co. v. Pecan Corp. is heard in an appellate court. The difference between a trial and an appellate court is whether a. a trial is being held. b. the court is appealing. c. the parties question how the law applies to their dispute. d. the subject matter of the case involves complex facts.
a. a trial is being held.
Jon wants to buy Kim's land, but she refuses to sell. Jon begins using subpoenas, court orders, and other formal legal procedures in an unrelenting effort to force Kim to sell. This is a. abuse of process. b. appropriation. c. wrongful interference with a contractual relationship. d. not a tort.
a. abuse of process
The Bay City Planning Department, the Coastal County Zoning Commission, the California Environmental Quality Agency, and the U.S. Bureau of Land Management issue regulations. These rules constitute a. administrative law. b. case law. c. constitutional law. d. statutory law.
a. administrative law.
Bull files a suit against Clay in a state court over payment due on a short-term lease of grazing land. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. After its review of Bull v. Clay, the appellate court upholds the lower court's verdict. The appellate court has a. affirmed the case. b. reversed the case. c. remanded the case. d. reversed and remanded the case.
a. affirmed the case.
Deb and Earl are involved in a lawsuit. This is a. an action. b. a breach. c. an injunction. d. a remedy.
a. an action.
In a suit by the National Forest Preservation Organization (NFPO) against Old Growth Logging, Inc., NFPO serves a written request for Old Growth to admit the truth of matters relating to the trial. Old Growth's admission in response is the equivalent of a. an admission in court. b. a statement to the media. c. information to which Old Growth has a right of privacy. d. irrelevant evidence.
a. an admission in court.
James and Kay enter into a contract for the sale of a bicycle, but Kay later refuses to deliver the goods. James asks a court to order Kay to perform as promised. Ordering a party to perform what was promised is a. an equitable remedy. b. an unenforceable demand. c. a remedy at law. d. beyond the court's authority.
a. an equitable remedy.
In a suit against Ian, Jenna obtains an injunction. This is a. an order to do or to refrain from doing a particular act. b. an order to perform what was promised. c. a payment of money or property as compensation. d. the cancellation of a contract.
a. an order to do or to refrain from doing a particular act.
South Carolina enacts a statute to ban advertising in "bad taste." This statute would likely be held by a court to be a. an unconstitutional restriction of speech. b. constitutional under the First Amendment. c. justified by the need to protect individual rights. d. necessary to protect national interests.
a. an unconstitutional restriction of speech.
Congress enacts the Ad Restriction Act (ARA) to limit advertising in certain circumstances. The ARA will be considered valid if it directly advances a substantial government interest a. and goes no further than necessary to achieve its purpose. b. without regard to how "far" it goes. c. and the parties affected by it can elect how "far" to go in applying it. d. and goes further than necessary to ensure full coverage.
a. and goes no further than necessary to achieve its purpose.
If Cornel and Deanna resolve their dispute by having a neutral third party render a binding decision, they will have used the method of a. arbitration. b. conciliation. c. intervention. d. mediation.
a. arbitration.
Manuel is walking past Tomas's house when he hears a smoke alarm going off. He also hears a child calling for help and sees smoke coming from a window. Manuel rushes into Tomas's house, finds the child and brings it outside. If Tomas sues Manuel for trespass to land, Manuel's defense will probably be a. assisting someone in danger. b. consent. c. self-defense. d. the reasonable person defense.
a. assisting someone in danger.
Oxley throws a rock intending to hit Pieter but misses and hits Ricardo who sustains an injury. Ricardo can most likely recover the cost of his injury from Oxley in a suit based on the tort theory of a. battery. b. conversion. c. invasion of privacy. d. trespass.
a. battery.
Power Trucking Company operates a fleet of fuel trucks. When one of the trucks is positioned to receive a load, it strikes a storage tank owned by Quality Fuel, Inc. For the cost of repairing the damage to the tank, Quality Fuel is most likely to be awarded a. compensatory damages. b. punitive damages. c. contingency fees. d. general damages.
a. compensatory damages.
As a judge, Baxter applies common law rules. These rules develop from a. decisions of the courts in legal disputes. b. regulations issued by administrative agencies. c. statutes enacted by Congress and the state legislatures. d. uniform laws drafted by legal scholars.
a. decisions of the courts in legal disputes.
In a tweet to Clyde, a reporter for the site Blast, Ethan accuses Financial Services Corporation of cheating on its taxes. If false, making this statement is a. defamation. b. not defamation because it is an opinion. c. not defamation because it was not communicated orally. d. not defamation because it was communicated to only one person.
a. defamation.
All Bikes, Inc., a firm in Wisconsin, advertises on the Web. A court in Ohio would be most likely to exercise jurisdiction over All Bikes if the firm a. did substantial business with Ohio residents over the Internet. b. interacted with any Ohio resident through its Web site. c. only engaged in passive advertising on the Web. d. suddenly removed its ad from the Internet.
a. did substantial business with Ohio residents over the Internet.
. Bella owns a farm in Colorado. Doyle drives his sport utility vehicle off a highway and onto Bella's land. Doyle commits trespass if he a. does not have Bella's permission to drive on the property. b. drives onto the property for recreational purposes. c. harms the property in a material way. d. harms the property in any way.
a. does not have Bella's permission to drive on the property.
Ichiro is injured in a two-car accident and sues Heather, the driver of the other vehicle, alleging negligence. Heather claims that Ichiro was driving more carelessly than she was. Comparative negligence may reduce Ichiro's recovery a. even if Ichiro was only slightly at fault. b. only if both parties were equally at fault. c. only if Ichiro was less at fault than Heather. d. only if Ichiro was more at fault than Heather.
a. even if Ichiro was only slightly at fault.
Ryan, a follower of a certain religion, sells an article to Sunday! magazine in which he insists that Congress base all federal law on his religious principles. The First Amendment guarantees Ryan's a. freedom of religion. b. right to engage in interstate commerce. c. right to due process. d. right to privacy.
a. freedom of religion.
Millie and Noble dispute the quality of a suite of furniture sold over the Internet. They agree to resolve their dispute in OpenTerms.com, an online forum. Like most online forums, OpenTerms.com applies a. general, universal legal principles. b. the provisions of the Federal Magistrates Act. c. international principles provided by the United Nations. d. the law of the Internet.
a. general, universal legal principles
Dawn files a suit in a state court against Entrée Enterprises Inc., alleging the breach of an employment contract. After a final determination in the case of Dawn v. Entrée Enterprises Inc. in favor of Dawn, the judgment will be satisfied a. if Entrée pays the judgment. b. if Dawn has sufficient assets to cover the amount of damages sought. c. if Entrée proves that it is unable to pay the judgment. d. all of the choices.
a. if Entrée pays the judgment.
Louann pushes Molly, who falls and breaks her wrist. Louann is liable for the injury a. if Louann intended to push Molly. b. only if Louann did not intend to break Moly's wrist. c. only if Louann had a bad motive for pushing Molly. d. only if Louann intended to break Molly's wrist.
a. if Louann intended to push Molly.
Renewable Resources, Inc., files a suit against Sunrich Utility Company and seeks to examine certain documents in Sunrich's possession. A legitimate reason for this examination is that the documents contain a. information that is relevant to the case. b. private information about Sunrich's operations. c. public information about energy generation. d. irrelevant data that can be eliminated from consideration.
a. information that is relevant to the case.
In the case of Retail Sales Corp. v. Trucking Delivery Co., the court may rule contrary to a precedent if the court decides that the precedent a. is incorrect or inapplicable. b. is not in line with the judge's personal values. c. would lead to unintended consequences. d. would not bring about the result the judge prefers.
a. is incorrect or inapplicable.
As a judge in a federal court, Elena can decide, among other things, whether the laws or actions of the executive and legislative branches are constitutional. The process for making this determination is known as a. judicial review. b. jurisdiction. c. jurisprudence. d. justifiability.
a. judicial review.
The North Carolina state legislature enacts a law that violates the U.S. Constitution. This law can be enforced by a. no one. b. the federal government only. c. the state of North Carolina only. d. the United States Supreme Court only.
a. no one.
To resolve a dispute in nonbinding arbitration, Alyson in Baltimore and Chuck in Denver utilize E-Resolve, an online dispute resolution (ODR) service. This limits these parties' recourse to the courts a. not at all. b. until the ODR service has issued a decision. c. with respect to any dispute arising between them. d. with respect to this dispute only.
a. not at all.
D'Antoni files a suit in a federal district court against Enya. D'Antoni loses the suit, appeals to the U.S. Court of Appeals for the Ninth Circuit, and loses again. D'Antoni asks the United States Supreme Court to hear the case. The Court is a. not required to hear the case. b. required to hear the case because D'Antoni lost in a federal court. c. required to hear the case because D'Antoni lost in a lower court. d. required to hear the case because it is an appeal.
a. not required to hear the case.
Marie claims that a Nebraska state statute infringes on her "procedural due process" rights. This claim focuses on a. procedures used in making decisions to take life, liberty, or property. b. the content of the statute. c. the similarity of the treatment of similarly situated individuals. d. the steps to be taken to protect Marie's privacy.
a. procedures used in making decisions to take life, liberty, or property.
Tyler, a citizen of Utah, files a suit in a Utah state court against Virtual Sales Corporation, a Washington state company that does business in Utah. The court has original jurisdiction, which means that a. the case is being heard for the first time. b. the court has a unique method of deciding whether to hear a case. c. the court has unusual procedural rules. d. the subject matter of the suit is interesting and new.
a. the case is being heard for the first time.
The Maine state legislature passes a law to regulate local delivery services. The final authority regarding the constitutionality of this law is a. the judicial system. b. the president of the United States. c. the governor of Maine. d. the U.S. Congress.
a. the judicial system.
The Appellate Division of the New York Supreme Court issues an opinion that can be found at 137 A.D.3d 409, 26 N.Y.S.3d 66. "137" is a. the number of the volume in the official reports of the court's decisions. b. the number of the volume in Thomson Reuter's unofficial publication of the court's decisions. c. a page number in the referenced volume. d. the number of the case in a sequence decided by the court.
a. the number of the volume in the official reports of the court's decisions.
The state of Massachusetts regulates employment, traffic, land use, and other private activities to protect or promote the public order, health, safety, and general welfare under a. the state's police powers. b. the federal government's authority to regulate commerce. c. the Bill of Rights. d. the supremacy clause.
a. the state's police powers.
An Oklahoma state court can exercise jurisdiction over Petro Resources Inc., an out-of-state company, if the firm has a. minimum contacts with the state. b. maximum contacts with the state. c.median contacts with the state. d. no contacts with the state.
a. minimum contacts with the state
Milo files a suit against Nick in an Ohio state court, noting that Nick operates a Web site through which Ohio residents have done substantial business with him. The court is most likely to have jurisdiction over Nick if Milo's claim arises from a. anything an Ohio resident has done. b. Nick's Web site activities relating to conduct in Ohio. c. nothing an Ohio resident has done. d. something other than Nick's Web site.
b. Nick's Web site activities relating to conduct in Ohio.
New Cuisine Café files a suit in a state court against Olive Oil Inc., alleging a breach of contract. The case proceeds to trial, after which the court renders a verdict. If New Cuisine decides to appeal to a state appellate court, its attorney must make sure the clerk of the trial court sends to the clerk of the appellate court, within a prescribed period of time a. a brief including the arguments of both parties. b. a copy of the record on appeal. c. an explanation for the verdict. d. a statement of the grounds for reversal.
b. a copy of the record on appeal.
Garvey files a suit in a state court against Hi-Rise Apartments. At the conclusion of Garvey's case, Hi-Rise files a motion asking the judge to direct a verdict for the defendant on the ground that Garvey has presented no evidence to support his claim. This is a motion for a. a judgment in accordance with the verdict. b. a judgment as a matter of law. c. a new trial. d. judgment n.o.v.
b. a judgment as a matter of law.
Dirt Machines Inc. files a suit in a state court against Earth Movers Inc., claiming that the defendant leased and failed to return a bulldozer. The case proceeds to trial, after which the court renders a verdict. If Earth Movers appeals to, and files a brief with, a state appellate court, Dirt Machines's attorney may file within a prescribed period of time a. an advisory interrogatory. b. an answering brief. c. a request for a deposition. d. a responding motion for judgment on the brief.
b. an answering brief.
The branch of law dealing with the enforcement of private rights and duties between parties is a. administrative law. b. civil law. c. constitutional law. d. federal law.
b. civil law.
Bibi brings a lawsuit against Cocteau over an allegedly defective shipment of machine parts. During the trial, Bibi's attorney asks questions of Bibi's witness Drummond. This is a. cross-examination. b. direct examination. c. voir dire. d. hearsay.
b. direct examination.
A federal law requires public libraries to install filtering software on computers to prevent children from accessing adult content online. This law a. is expressly prohibited by the Constitution. b. does not substantially burden free speech. c. is subject to reasonable restrictions under the due process clause. d. is given strict scrutiny under the equal protection clause.
b. does not substantially burden free speech.
After a dinner at Rosario's Italian Café, Susie believes that she was overcharged and shoves Theo, the waiter. Theo sues Susie, alleging that the shove was a battery. Susie is liable a. if Rosario's did not actually overcharge Susie. b. if the shove was offensive. c. if Susie acted out of malice. d. under no circumstances—there was no physical injury.
b. if the shove was offensive.
A Georgia state statute requires commercial vehicle drivers to "fully attend to the operation of the vehicle." Hale, a driver for Interstate Trucking, Inc., is driving and talking on his cell phone when his rig collides with Jocelyn's car, injuring her. Jocelyn's best theory for recovery against Hale and Interstate Trucking is a. a Good Samaritan statute. b. negligence. c. res ipsa loquitur. d. the "danger invites rescue" doctrine.
b. negligence.
Keralyn creates a Web site to post threatening messages about celebrities. The First Amendment protects such speech a. all of the time. b. none of the time. c. only if it is noncommercial. d. only if it is symbolic.
b. none of the time.
. David, an Alabama resident, files suit in an Alabama court against QuickAds, an internet company based in Georgia that provides advertising services. QuickAds' only contact with persons in Alabama has been through QuickAds' passive advertising. The Alabama court is a. likely to have jurisdiction if the claim David brings is based on QuickAds advertising scheme in Alabama. b. not likely to have jurisdiction over the case because QuickAds is based in Georgia, and only passively advertises in Alabama. c. likely to refer the case to a higher district court. d. likely to refer the case to an appellate court.
b. not likely to have jurisdiction over the case because QuickAds is based in Georgia, and only passively advertises in Alabama.
Pad, Pod & Phone Accessories LLC (3PA) makes "PacBacs," a famous brand of cases for electronic devices. Without 3PA's consent, Offshoot Rip-Offs Inc. (ORO) begins to use "pacbacs" as part of a domain name. 3PA files a suit against ORO. Service of process for this suit must provide a. a medium for Offshoot to respond. b. notice of the lawsuit. c. instructions about the steps involved in this, or any, lawsuit. d. a secure means to guaranty privacy between the litigants.
b. notice of the lawsuit.
A rule promulgated by the Environmental Protection Agency (EPA) limits the amount of carbon that can be emitted from a car's exhaust system. New York has a state law that allows for much higher emissions. In this situation, under the supremacy clause: a. New York's law takes precedence. b. the EPA's decision takes precedence. c. both laws are struck down as invalid. d. both laws are applied concurrently.
b. the EPA's decision takes precedence
Brad, a citizen of California, obtains a federal license to operate a commercial fishing boat in a certain area off the coast. The California state legislature enacts a law that bans all commercial fishing in that area. The state law most likely violates a. no provision in the U.S. Constitution. b. the commerce clause. c. the due process clause. d. the equal protection clause.
b. the commerce clause.
The Constitution sets forth specific powers that can be exercised by the federal government and provides that the federal government has the implied power to undertake actions necessary to carry out its expressly designated powers. All other powers are expressly reserved to a. none of the choices. b. the states. c. the national government. d. the people.
b. the states.
The Rapid Transit Institute wants the federal government to spend money on inner city and inter-city light rail systems. Congress can spend revenue a. only to carry out Congress's enumerated powers. b. to promote any objective that Congress deems worthwhile, as long as it does not violate the Bill of Rights. c. without regard to whether the expenditure violates the Bill of Rights. d. without regard to whether the expenditure violates the Constitution.
b. to promote any objective that Congress deems worthwhile, as long as it does not violate the Bill of Rights.
Isabel and Josh engage in a business transaction that leads to a dispute. Isabel initiates a lawsuit against Josh by filing a complaint. The sheriff serves Josh with a summons. If Josh chooses to ignore it, a. Isabel must file an amended complaint. b. Isabel will have a judgment entered in her favor. c. Josh must be served with a second summons. d. Josh will have a judgment entered in his favor.
b. Isabel will have a judgment entered in her favor.
Emily retains Michael, an attorney, on a contingency-fee basis to seek $1 million in damages in a personal-injury suit against Prescription Pharmaceuticals Inc. Emily wins. She must pay a. court costs and other expenses, but not Michael's fee. b. Michael's fee, court costs, and other expenses. c. Michael's fee only. d. neither Michael's fee nor court costs and other expenses.
b. Michael's fee, court costs, and other expenses.
To prepare for a trial between Fones, Inc., and G-Bytes Company, G-Bytes's attorney places Fones's chief executive officer (CEO) under oath. A court official makes a record of the attorney's questions and the CEO's answers. This is a. a cross-examination. b. a deposition. c. voir dire. d. hearsay.
b. a deposition.
Olivia, a citizen of Nebraska, wants to file a suit against Micah, a citizen of Kansas. Their diversity of citizenship may be a basis for a. no court to exercise jurisdiction. b. a federal court to exercise original jurisdiction. c. a state court to exercise appellate jurisdiction. d. the United States Supreme Court to refuse jurisdiction.
b. a federal court to exercise original jurisdiction.
Calvert files a suit in a state court against Denny, seeking an amount of allegedly unpaid rent for an office that Denny leased and later vacated. If Denny losses the suit and decides to appeal, his attorney must file, with the clerk of the trial court, within a prescribed period of time a. a formal refusal to abide by the verdict. b. a notice of appeal. c. a transcript of the trial and copies of the exhibits. d. the judgment order from which the appeal is taken.
b. a notice of appeal.
Kevin is a judge hearing the case of Local Dispatch Co. v. National Transport Corp. Applying the relevant rule of law to the facts of the case requires Kevin to find previously decided cases that, in relation to the case under consideration, are a. as different as possible. b. as similar as possible. c. at odds. d. exactly identical.
b. as similar as possible.
Lacey files a civil suit against Mischa. To succeed, Lacey must prove her case a. beyond a reasonable doubt. b. by a preponderance of the evidence. c. through a scintilla of evidence. d. to the extent promised in her attorney's opening statement.
b. by a preponderance of the evidence.
The Kentucky Supreme Court rules against Luther in a case against Motor Cars, Inc. Luther wants to appeal the case to the United States Supreme Court. Luther must ask the Court to issue a writ of a. appeal. b. certiorari. c. jurisdiction. d. summons.
b. certiorari.
Serene City enacts an ordinance that bans the use of "sound amplifying systems" on public streets. Tyler wants to campaign for a seat on the city council by broadcasting his message through speakers mounted on a truck. In Tyler's suit against the city, a court would likely hold the ordinance to be a. an unconstitutional restriction of speech. b. constitutional under the First Amendment. c. justified by the need to protect individual rights. d. necessary to protect national interests.
b. constitutional under the First Amendment.
Daniel files a suit against Ava, alleging that she failed to pay him for two months' labor at her Choice Cheese Factory. Ava denies the charge and claims that Daniel breached their contract to produce a certain quantity of cheeses and owes Ava damages for the breach. Ava's claim is a a. contra charge. b. counterclaim. c. counterpoint. d. cross-complaint.
b. counterclaim.
Madison files a complaint in a suit against Christopher, and he files an answer. The case may now be a. appealed to a higher court. b. dismissed or settled. c. resolved but only after a trial. d. remanded for further proceedings.
b. dismissed or settled.
The Constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that a. Congress writes checks and the other branches balance the budget. b. each branch has some power to limit the actions of the others. c. the courts balance their authority to the other branches' checklists. d. the president "checks" the courts, which "balance" the laws.
b. each branch has some power to limit the actions of the others.
Felix tells Genie, a prospective tenant, that the roof of the Hillside Apartments building does not leak when Felix knows that it does. This may give rise to an action for fraud, because the statement is one of a. puffery. b. fact. c. illusion. d. opinion.
b. fact.
Diego is arrested for a theft committed by someone who stole his identity. A court orders his release, but due to a police error in Diego's paperwork, he is held in jail for a month. The police are most likely liable for a. abuse of process. b. false imprisonment. c. malicious prosecution. d. none of the choices.
b. false imprisonment.
Outdoor Sports Unlimited, a retail store, must use reasonable care on its premises to warn its customers of a. all risks. b. foreseeable risks. c. obvious risks. d. no risks.
b. foreseeable risks.
Orinoco.com, an online seller of a variety of consumer streaming products, files a suit against the state of Nevada, claiming that a Nevada state law violates the commerce clause. The court will agree if the statute imposes a substantial burden on a. the local government. b. interstate commerce. c. noneconomic activity. d. the state.
b. interstate commerce.
Taco Hot Dogs, Inc., regularly advertises its products. Under the First Amendment, in comparison with noncommercial speech, the protection given these ads is a. equally extensive. b. less extensive. c. more extensive. d. non-existent.
b. less extensive.
Salina files a suit against Tanner. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A third party suggests or proposes a resolution, which the parties may or may not adopt. This is a. arbitration. b. mediation. c. negotiation. d. not a legitimate form of dispute resolution.
b. mediation.
Gary accuses Helen, a broker with Investment Services, of fraudulently inducing him to invest in Junkbonds Inc., after the company's stock price declines in value. The reliance that gives rise to liability for fraud requires a. a subjective statement. b. misrepresentation of a fact knowing that it is false. c. puffery. d. seller's talk.
b. misrepresentation of a fact knowing that it is false.
Loren stands in front of Rooster's Round-Up Café, shouting "fighting words" that are likely to incite Rooster's patrons to respond violently. The First Amendment protects such speech a. all of the time. b. none of the time. c. only if it is noncommercial. d. only if it is symbolic.
b. none of the time.
Jon, a law enforcement official, monitors Kelsey's Internet activities—e-mail and Web site visits—to gain access to her personal financial data and student information. This may violate Kelsey's right to a. equal protection. b. privacy. c. due process. d. engage in interstate commerce.
b. privacy.
George burns a U.S. flag in his backyard. He posts a video of the event on YouTube.com. George's actions are a. expressly prohibited by the Constitution. b. protected by the First Amendment. c. subject to reasonable restrictions under the due process clause. d. given strict scrutiny under the equal protection clause.
b. protected by the First Amendment.
Sforza files a suit against Thieu. If this suit is like most cases, it will be a. dismissed during a trial. b. settled before a trial. c. resolved only after a trial. d. appealed to a higher court.
b. settled before a trial.
Kent's witness Lois is not an expert in the matter about which she is being questioned. Lois can a. testify about any of the facts in the case. b. testify only about what she personally observed. c. offer her opinion about any of the evidence. d. offer her conclusion with regard to the case.
b. testify only about what she personally observed.
Laredo loses his suit against McLain in a North Dakota state trial court. Laredo appeals to a state intermediate court of appeals and loses again. Laredo would appeal next to a. the American Arbitration Association. b. the North Dakota Supreme Court. c. the United States Supreme Court. d. the U.S. Court of Appeals for the Eighth Circuit.
b. the North Dakota Supreme Court.
Hope wants to file a suit against Gerry. For a court to hear the case, a. Gerry must agree. b. the court must have jurisdiction. c. the parties must have no minimum contacts with each other. d. the parties must own property.
b. the court must have jurisdiction
McHenry, a New York resident, files a suit in a New York state court against OneWorld Inc., a company based in California. OneWorld's only contact with McHenry is the company's app, which McHenry downloaded while traveling across the United States. According to the sliding-scale analysis, the factor most likely to confer jurisdiction on the New York court is a. the geographical distance between McHenry and OneWorld. b. the degree of interactivity via the app between McHenry and OneWorld. c. OneWorld's location when the app was created. d. McHenry's location when the app was downloaded.
b. the degree of interactivity via the app between McHenry and OneWorld.
In an effort to reduce traffic, Bay Town enacts an ordinance that allows only a few specific street vendors to operate in certain areas. A court would likely review this ordinance under the principles of a. the commerce clause. b. the equal protection clause. c. the due process clause. d. the First Amendment.
b. the equal protection clause.
Oklahoma enacts a law requiring all businesses in the state to donate 10 percent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level. Price-Lo Stores files a suit to block the law's enforcement. The court would likely hold that this law violates a. no clause in the U.S. Constitution. b. the establishment clause. c. the free exercise clause. d. the supremacy clause.
b. the establishment clause.
The Federal Trade Commission (FTC) is a government agency that issues rules, orders, and decisions. The Georgia state legislature enacts statutes. The Harrison County Board and the Island City Council enact ordinances. Administrative law includes a. all of the choices. b. the rules, orders, and decisions of the FTC. c. statutes enacted by the Georgia state legislature. d. ordinances enacted by county boards and city councils.
b. the rules, orders, and decisions of the FTC.
In a suit against Olive, Pimento obtains damages. In the U.S. legal system, this remedy at law is a. unique. b. usual. c. unlikely. d. unusual.
b. usual.
Richard, an engineer, supervises the construction of a new mountainside roadway. When the road collapses in a landslide due to faulty grading, Richard is sued by motorists and hikers injured in the collapse. As a professional, Richard is held to the same standard of care as a. ordinary persons. b. other engineers. c. other professionals, including doctors, dentists, and lawyers. d. those injured in the collapse of the bridge.
b. other engineers.
Oliver slips and falls on Port Harbor's Tour Boat and is injured. Oliver files a suit against Port Harbor for $500,000. If Oliver is 20 percent at fault and Port Harbor is 80 percent at fault, under the "50 percent rule," Oliver would recover a. $0. b. $250,000. c. $400,000. d. $500,000.
c. $400,000.
Café Espresso is a coffee shop subject to the laws of Illinois. In Illinois, the highest-ranking (superior) law is a. a case decided by the Illinois Supreme Court. b. a rule created by an Illinois state administrative agency. c. a provision in the Illinois constitution. d. a statute enacted by the Illinois legislature.
c. a provision in the Illinois constitution.
Martin Luther King, Jr. played a singular role in the most significant social movement in the history of the United States—the Civil Rights Movement. King has been chronicled in books and movies, and is featured on mementoes, some of which are offered for sale by PriceMart Corp. Under the principles discussed in "A Sample Court Case," Rosa and Raymond Parks Institute for Self-Development v. Target Corp., PriceMart's sale of these items most likely a. constitutes misappropriation. b. implies something false about King's legacy. c. is a qualified privilege to communicate on matters of public interest. d. violates the common-law right of publicity.
c. is a qualified privilege to communicate on matters of public interest.
Farmers Pantry Products Inc. and Market Grocers LLC dispute a term in their contract. If Farmers Pantry and Market Grocers have a long-standing business relationship that they would like to continue, they may prefer to settle their dispute through mediation because a. the case will be heard by a jury. b. the dispute will eventually go to trial. c. the process is not as adversarial.
c. the process is not as adversarial.
Congress enacts a statute, the Federal Deposit Insurance Corporation (an administrative agency) issues rules, the Southeast Financial Institutions Association (a private organization) issues instructions, South Valley Bank posts a memo with orders for its employees, and Tina tells her co-worker about a recent news story. Sources of law include a. the instructions issued by private associations. b. the orders posted by employers. c. the rules issued by federal administrative agencies. d. the stories released by news agencies.
c. the rules issued by federal administrative agencies.
Quest Inc., a U.S. firm, and Real Treks, Ltd., a Canadian firm, enter into a contract that does not have a forum-selection or choice-of-law clause. Litigation between Quest and Real Treks involving this contract may occur in a. an online forum only. b. Canada or the United States, but not both. c. Canada, the United States, or both. d. an international, United Nations tribunal only.
c. Canada, the United States, or both.
In Fuel Injection Products & Service Corporation's suit against Gears & Cylinders, Inc., the jury returns a verdict in Fuel Injection's favor. Gears & Cylinders files a motion asking the judge to set aside the verdict and begin new proceedings. This is a motion for a. a judgment in accordance with the verdict. b. a judgment on the pleadings. c. a new trial. d. judgment n.o.v.
c. a new trial.
In a suit against Ethan, Francisco obtains an award of damages. This is a. an order to do or to refrain from doing a particular act. b. an order to perform what was promised. c. a payment of money or property as compensation. d. the cancellation of a contract.
c. a payment of money or property as compensation.
SPF Sunscreen Corporation and Taylor agree to resolve their dispute through arbitration. The arbitrator's decision is called a. a conclusion of law. b. a finding of fact. c. an award. d. a verdict.
c. an award.
Fifi, a clerk at a Games n' Gamers store, takes a video game player and a selection of new games from the store without permission. Fifi is liable for a. appropriation. b. no tort. c. conversion. d. wrongful interference with a business relationship.
c. conversion.
Kari and Lillian, who are citizens of Mississippi, are involved in a case related to the adoption of their child. Over this case, Mississippi state courts have a. concurrent jurisdiction with federal courts. b. concurrent jurisdiction with other state courts. c. exclusive jurisdiction. d. no jurisdiction.
c. exclusive jurisdiction.
Brad knows that the brakes on his truck do not work, but he tells Chris, a potential buyer, that there are no problems. On this assurance, Chris buys the truck. On learning the truth, she may sue Brad for a. trade libel. b. conversion. c. fraudulent misrepresentation. d. no tort.
c. fraudulent misrepresentation.
Hua, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jac, a resident of Kentucky. Jac files a suit against Hua in Indiana. Regarding this suit, Indiana has a. federal jurisdiction. b. in personam jurisdiction. c. in rem jurisdiction. d. no jurisdiction.
c. in rem jurisdiction.
Sofia files a suit against Turista Airlines, Inc. Turista responds that it appears from the pleadings that the parties do not dispute the facts and the only question is how the law applies to those facts. Turista supports this response with witnesses' sworn statements. This is a a. counterclaim. b. motion for judgment on the pleadings. c. motion for summary judgment. d. motion to dismiss.
c. motion for summary judgment.
In Hazel's suit against Ingrid, the court issues a judgment in Ingrid's favor. If the case is appealed to an appropriate court of appeals, the appellate court will hear a. all of the evidence. b. most of the evidence. c. none of the evidence. d. select pieces of evidence.
c. none of the evidence.
Omar, a driver for Piece'a Pizza Delivery Service, causes a multi-vehicle accident on a city street. Omar and Piece'a Pizza are liable to a. all those who were injured. b. only those who were uninsured. c. only those whose injuries could have been reasonably foreseen. d. only those whose vehicles were closest to Omar's vehicle.
c. only those whose injuries could have been reasonably foreseen.
Carol files a suit against Andy in a state trial court and loses. Carol can a. not take her case any higher in the court system. b. insist that the United States Supreme Court hear her case. c. plead her case before an appellate court. d. plead her case before a small claims court.
c. plead her case before an appellate court.
Sustainable Agro Corporation regularly expresses opinions on political issues, including whether to ban the use of genetically modified organisms (GMOs). Under the First Amendment, corporate political speech is a. discouraged. b. forbidden. c. protected. d. required.
c. protected.
There are no precedents on which the court deciding the case Standard Resource Co. v. Topline Inventory, Inc., can base its decision. The court can consider, among other things, a. the opinions of the friends and relatives of the judge. b. the results of a poll of those in the courtroom. c. public policy or social values. d. none of the choices.
c. public policy or social values.
Judge Bell decides that the precedent for the case she is hearing is no longer correct due to technological changes. She overturns the precedent when she decides the case. It is likely that her case will a. go unnoticed by the public. b. be thrown out of court. c. receive a great deal of publicity. d. be ignored by the media.
c. receive a great deal of publicity.
Larry enters into a contract with Motivational Education Services to host a panel discussion at a sales conference. When the conference is postponed indefinitely, Larry asks a court to cancel the contract and return the parties to the positions that they held before its formation. This request involves a. specific performance. b. an injunction. c. rescission. d. an action that the court cannot order.
c. rescission.
Mediocrité, Inc., makes and sells goods that are substandard. Naomi, who has never bought or used a Mediocrité item, files a suit against the firm, alleging that its products are defective. The company's best ground for dismissal of the suit is that Naomi does not have a. certiorari. b. jurisdiction. c. standing. d. sufficient minimum contacts.
c. standing.
Mary creates a design that expresses support for a particular presidential candidate and distributes t-shirts emblazoned with the design to the candidate's supporters. This is an example of a. unprotected speech. b. controlled speech. c. symbolic speech. d. illegal speech.
c. symbolic speech.
A statute enacted by the Arizona state legislature to regulate trucking affects interstate commerce. In evaluating this statute, the courts will balance the burden that it imposes on interstate commerce against a. the courts' authority to determine that a law is unconstitutional. b. the purpose of interstate commerce. c. the state's interest in regulating the matter. d. the statute's impact on noneconomic activity.
c. the state's interest in regulating the matter.
The police obtain a search warrant and search Jordan's apartment. After yelling obscenities at the officers, Jordan confesses to a crime and implicates his friends. The Constitution protects against a. obscene speech. b. implication of others. c. unreasonable searches. d. none of the choices.
c. unreasonable searches.
Kojo, a LifeCare Medical Supplies salesperson, follows Malin, a salesperson for National Medco Products, a LifeCare competitor, as Malin visits medical clinics, doctors' offices, hospitals, and other locations to make sales. Kojo solicits each of Malin's customers. Kojo is most likely liable for a. conversion. b. no tort. c. wrongful interference with a business relationship. d. trade libel.
c. wrongful interference with a business relationship.
Elise, an emergency medical technician, renders aid to a participant in Forest Trail Marathon, an athletic event. Regarding a suit by the participant against Elise for negligence, Elise is immune from liability under a. no circumstances. b. the doctrine of res ipsa loquitur. c. the "danger invites rescue" doctrine. d. an applicable Good Samaritan statute.
d. an applicable Good Samaritan statute.
Distinguishing between legal and equitable remedies is a. not important because legal remedies cannot be granted today. b. not important because equitable remedies cannot be granted today. c. important so that statistical data on the remedies can be compiled. d. important because the type of remedy available will depend on the type of harm suffered.
d. important because the type of remedy available will depend on the type of harm suffered.
In Coastal Fishing Company's suit against Dockside Marina, Inc., the jury returns a verdict in Coastal's favor. Dockside files a motion stating that even if the evidence is viewed in the light most favorable to Coastal, a reasonable jury should not have found in its favor. This is a motion for a. a judgment in accordance with the verdict. b. a judgment as a matter of law. c. a new trial. d. judgment n.o.v.
d. judgment n.o.v.
The Montana Supreme Court rules against Natural Grocery Mart in a case against One Stop 2 Shop Stores, Inc. Natural Grocery asks the United States Supreme Court to review the case. The Court does not hear the case. This a. is a decision on the merits that has value as a precedent. b. indicates agreement with the Montana court's decision. c. means nothing. d. means that the Montana court's decision is the law in Montana.
d. means that the Montana court's decision is the law in Montana.
Sour Dough Inc. and The Bread Company agree to a contract that includes an arbitration clause. If a dispute arises, a court having jurisdiction may a. monitor any arbitration until it concludes. b. order an arbitrator to rule in a particular way. c. order a party to bring the dispute to court. d. order a party to submit to arbitration.
d. order a party to submit to arbitration.
First Community Credit Union and General Hydraulics, Inc., have their dispute resolved in arbitration. Before determining the award, the arbitrator meets with First Community's representative to discuss the dispute without General Hydraulics' representative being present. If this meeting substantially prejudices General Hydraulics' rights, a court will most likely a. compel arbitration. b. review the merits of the dispute. c. review the sufficiency of the evidence. d. set aside any award.
d. set aside any award.
Bob claims that certain actions by the federal government and the state of Delaware infringe on rights guaranteed by the Bill of Rights in the United States Constitution. These rights protect individuals and some corporations from a. the actions of other citizens. b. the actions of private employers. c. none of these choices. d. the actions of the government.
d. the actions of the government.
As a joke, Jem takes Kyla's business law textbook and hides it so that Kyla cannot find it during the week before the exam. As it relates to the initial taking, Jem may have committed a. appropriation. b. conversion. c. disparagement of property. d. trespass to personal property.
d. trespass to personal property.
Sweet Lemonade, Inc., disputes the use of "sweet-lemonade.com" as a domain name by Sweet Citrus Beverages, Ltd., and files a suit to resolve the dispute. Service of process must be by a. e-mail. b. personal delivery. c. regular mail. d. whatever means is reasonably calculated to do the job, as long as it is provided for in the Rules of Civil Procedure.
d. whatever means is reasonably calculated to do the job, as long as it is provided for in the Rules of Civil Procedure.
Criminal law is concerned with a. the prosecution of private individuals by other private individuals. b. the prosecution of public officials by private individuals. c. the relief available when a person's rights are violated. d. wrongs committed against the public as a whole.
d. wrongs committed against the public as a whole.
Cal is driving a car in which Duff is a passenger when an accident occurs. Cal and Duff are emotionally rattled, but neither is physically hurt. Cal is not liable to Duff on a negligence theory because a. both parties were emotionally rattled. b. Cal did not apparently intend to cause an accident. c. Duff must have been comparatively negligent. d. Duff was not injured.
d. Duff was not injured.
Mountain States Trucking wants to initiate a suit against Open Pit Mining Corporation by filing a complaint. The complaint should include a statement alleging the facts establishing a. an explanation to refute any defense Open Pit might assert. b. a motion for summary judgment. c. a motion to dismiss. d. Mountain's basis for relief.
d. Mountain's basis for relief.
Pietro files a suit against Qiana. If Qiana fails to respond, a. Pietro will have a default judgment entered against him. b. Qiana will be considered to be in denial. c. the suit will be dismissed. d. Qiana will have a default judgment entered against her.
d. Qiana will have a default judgment entered against her.
Gabrielle files a suit against Hard 'n Fast Adhesives, Inc. Hard 'n Fast responds that even if Gabrielle's statement of the facts is true, according to the law Hard n' Fast is not liable. This is a. a counterclaim. b. a motion for judgment on the pleadings. c. a motion for summary judgment. d. a motion to dismiss.
d. a motion to dismiss.
Bette backs out of City Parking Garage, colliding with Dill's car. Dill may recover $7,500 to cover the cost of the repairs if Bette failed to act as a. a blameless person. b. a faultless person. c. a careless person. d. a reasonable person.
d. a reasonable person.
Gilbert wants to initiate a suit against Healthways Insurance Company by filing a complaint. The complaint should include a. an explanation of the proof to be offered at trial. b. a statement refuting any defense that the defendant might assert. c. a motion for judgment on the pleadings. d. a statement alleging the facts showing the court has jurisdiction.
d. a statement alleging the facts showing the court has jurisdiction.
Cullen files a suit against Demi. Cullen and Demi meet, and each party's attorney argues the party's case before a judge and jury. The jury presents an advisory verdict, after which the judge meets with the parties to encourage them to settle their dispute. This is a. court-ordered arbitration. b. early neutral case evaluation. c. a mini-trial. d. a summary jury trial.
d. a summary jury trial.
Erin believes that a higher, or universal, law exists that applies to all human beings. Erin asserts that each written law should reflect the principles inherent in this higher law. Erin a. is a legal positivist. b. adheres to the historical school of legal thought. c. is a legal realist. d. adheres to the natural law tradition.
d. adheres to the natural law tradition.
In Research & Development Company's suit against Structural Engineers, Inc., Research & Development wants to introduce evidence that it claims is relevant. Relevant evidence is evidence that a. establishes the degree of probability of a fact or action. b. tends to disprove a fact in question. c. tends to prove a fact in question. d. all of the choices.
d. all of the choices.
Statistics, Inc., is a corporation engaged in the business of compiling, analyzing, and marketing data. To accomplish its purposes, Statistics obtains financing, and hires and fires employees. Laws and government regulations affect such business activities as a. hiring and firing decisions. b. the manufacturing and marketing of products. c. business financing. d. all of the choices.
d. all of the choices.
Rachel is a state court judge. Salina appears in a case in Rachel's court, claiming that Tomas breached a contract. Possible remedies include a. compensation to Rachel for a favorable ruling. b. Tomas's imprisonment. c. a criminal fine levied by Rachel on either party. d. an award of damages to Salina.
d. an award of damages to Salina.
Beth makes and markets cosmetics. For an ad, Beth superimposes her logo onto a photo of Chelsea, a famous model, suggesting that Chelsea uses Beth's products. Beth does not ask Chelsea's permission. Beth is most likely liable to Chelsea for a. trespass. b. fraudulent misrepresentation. c. defamation. d. appropriation.
d. appropriation.
Adult Shop in Bay City sells a variety of publications, including child pornography. Bay City enacts an ordinance prohibiting the sale of such materials. This ordinance is most likely a. an invalid restriction of individuals' privacy. b. an unconstitutional restriction of speech. c. a violation of adults' rights to enjoy certain privileges. d. constitutional under the First Amendment.
d. constitutional under the First Amendment.
The Alternative Energy Association would like a certain law enacted, administered, interpreted, and enforced in the best interest of its members, which include solar power companies. Under the Constitution, Congress a. administers the laws. b. enforces the laws. c. interprets the laws. d. enacts the laws.
d. enacts the laws.
Delia files a suit against Eduardo in a Florida state court over the ownership of a boat docked in a Florida harbor. Both Delia and Eduardo are residents of Georgia. Eduardo could ask for a change of venue on the ground that Georgia a. has a sufficient stake in the matter. b. has jurisdiction. c. has sufficient minimum contacts with the parties. d. is a more convenient location to hold the trial.
d. is a more convenient location to hold the trial.
An Illinois state statute requires amusement parks to maintain equipment in certain condition for the protection of patrons. Jasper's Fun Park fails to maintain its equipment. Kaitlin, a patron, is thereby injured. Jasper's committed a. assault. b. battery. c. false imprisonment. d. negligence.
d. negligence.
Liz and Moss disagree over the amount due under their contract. To avoid involving any third party in the resolution of their dispute, Liz and Moss might prefer to use the alternative dispute resolution method of a. arbitration. b. litigation. c. mediation. d. negotiation.
d. negotiation.
David trespasses on Expo Corporation's property. Through the use of reasonable force, Expo's security guard detains David until the police arrive. Expo is liable for a. assault. b. battery. c. false imprisonment. d. none of the choices.
d. none of the choices.
National Hospital Organization (NHO), a political lobbying group, wants a certain healthcare cost-reimbursement policy enacted into law. If NHO's policy conflicts with the U.S. Constitution, a law embodying it can be imposed by a. Congress. b. a federal court. c. the President. d. none of the choices.
d. none of the choices.
OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is a. appropriation. b. conversion. c. wrongful interference with a contractual relationship. d. none of the choices.
d. none of the choices.
Robin is a spectator at State Tennis Tournament, an athletic competition. Regarding the risk of injury, Robin assumes the risks a. attributable to the tournament in any way. b. different from the risks normally associated with the tournament. c. greater than the risks normally associated with the tournament. d. normally associated with the tournament.
d. normally associated with the tournament.
Quint sells cars for Rough Ride Motors. To make a sale, he asserts that a certain model of a Swifty auto is the "best one ever made." This is a. fraud even if the statement is the truth. b. fraud if Quint believes that the statement is not true. c. fraud if Quint is stating his opinion, not the facts. d. not fraud.
d. not fraud.
Precision Craft, Inc., makes tools. While using a Precision tool to replace an electrical fixture, Stan neglects to shut off the power and is electrocuted. Stan's heirs file a suit against Precision. In a contributory negligence jurisdiction, the plaintiffs could recover a. only if both parties were equally at fault. b. only if Stan was less than 50 percent at fault. c. only if Precision was more than 51 percent at fault. d. nothing.
d. nothing
Charles is a federal judge whose judicial decisions are part of case law, which does not include interpretations of a. regulations created by administrative agencies. b. constitutional provisions. c. statutes enacted by legislatures. d. parties' subjective motives for engaging in litigation.
d. parties' subjective motives for engaging in litigation.
Service Employees International Union and Timberline Products, Inc., have their dispute resolved in arbitration. The arbitrator arbitrates issues that the parties did not agree to submit to arbitration. This is a ground for a court to a. none of the choices. b. review the merits of the dispute. c. review the sufficiency of the evidence. d. set aside the award.
d. set aside the award.
In a digital billboard ad, Mainstream Headwaters falsely accuses Northwest Passages, a competitor, of selling stolen kayaks, canoes, and other boats and boating gear. Northwest's sales decrease. Mainstream has most likely committed a. defamation. b. no tort. c. slander of quality. d. slander of title.
d. slander of title.
Coffee Klatch Party Group, a political organization, files a claim to challenge a Delaware statute that limits the liberty of all persons to broadcast "annoying" radio commercials. This claim is most likely based on the right to a. equal protection of the law. b. privacy. c. procedural due process. d. substantive due process.
d. substantive due process.
A provision in the California state constitution conflicts with a provision in the U.S. Constitution. If challenged a. neither provision will be enforced. b. the provisions will be balanced to reach a compromise. c. the state provision, not the U.S. Constitution, will be enforced. d. the U.S. Constitution, not the state provision, will be enforced.
d. the U.S. Constitution, not the state provision, will be enforced.
Stephan wins his suit against Tidewater Boats, Inc. Tidewater's best ground for appeal is the trial court's interpretation of a. the demeanor of the witnesses during the trial. b. what happened to give rise to the dispute. c. the dealings between the parties before the suit. d. the law that applied to the issues in the case.
d. the law that applied to the issues in the case.
In an action against Gina, Harry obtains a remedy. This is a. an administrative agency's enforcement of its rule. b. a principle of the law derived from earlier court cases. c. a statute enacted by a state legislature or Congress. d. the legal means to recover a right or to redress a wrong.
d. the legal means to recover a right or to redress a wrong.
During the trial phase of Sof' Drink Corporation's suit against TimeOut Stores, Inc., their attorneys engage in voir dire. This is a. an assessment of the arguments on the issues. b. the determination of the issues to be argued. c. the testimony by a party to the lawsuit or by any witness, recorded by an authorized court official. d. the selection of jurors.
d. the selection of jurors.
Bess, an accountant, distributes a handbill to her business clients and potential customers accusing her competitor Ciera of being a convicted thief. The statement is defamatory if a. a recipient of a handbill repeats it. b. Ciera suffers emotional distress. c. the statement is true. d. the statement is false.
d. the statement is false.
Ballpark Sportsfield, Inc., files a suit against Concessions & Tailgate Services. The document that informs Concessions & Tailgate that it must file an answer within a specified time period is a. the answer. b. the complaint. c. the respondent. d. the summons.
d. the summons.
Lake City enacts an ordinance that bans the distribution of all printed materials on city streets. Mac opposes the city's latest "revenue-enhancing" measure and wants to protest by distributing handbills. In his suit against Lake City, a court would likely hold the ban on printed materials to be a. constitutional under the First Amendment. b. not subject to the U.S. Constitution. c. unconstitutional under the commerce clause. d. unconstitutional under the First Amendment.
d. unconstitutional under the First Amendment.
Basil, a clerk at Cycle World, takes a bicycle from the store without the owner's permission. Basil is liable for conversion a. if he damages the bicycle. b. if he does not have a good reason for taking the bicycle. c. if he fails to prevent a theft of the bicycle from his possession. d. under any circumstances.
d. under any circumstances.
Ballpark Sportsfield, Inc., files a suit against Concessions & Tailgate Services. The document that informs Concessions & Tailgate that it must file an answer within a specified time period is a. the answer. b. the complaint. c. the writ of certiorari. d. the summons.
d. the summons.
Center City enacts an ordinance that imposes a jail term, without a trial, on all contractors who solicit business without a city permit. A court would likely review this ordinance under the principles of a. equal protection. b. free exercise. c. due process. d. free speech
due process.
A federal law prohibiting the use of a certain pesticide directly conflicts with a state law permitting that use. The state law will be rendered invalid due to a. the supremacy clause. b. the commerce clause. c. the equal protection clause d. the due process clause.
the supremacy clause.
