PLA 3014 Final
"Congress shall make no law respecting an establishment of religion" comes from which amendment to the United States Constitution:
1st A
How many district courts of appeal reside in the State of Florida:
5
How many federal district court are there:
94
According to the text, the Utilitarian influence can be found in legislative enactments such as which of the following:
A (lemon law) & B (consumer protection legislation) only
A factual situation that creates a legally recognized right to damages or other relief would best be called which of the following:
A cause of action
Which Article of the U S Constitution forms the basis of our federal court system:
Article III
In which of the following cases has an assault occurred:
Bob pulls an unloaded gun on Ruby and threatens to shoot her
Except in matters governed by the federal constitution or by acts of Congress, the law to be applied in any case is the law of the state. And whether the law of the state shall be declared by its legislature in a statute or by its highest court in a decision is not a matter of federal concern. This rule to be applied by the federal court system is found in which of the following:
Erie Railroad v. Tompkins
A bank account is an example of tangible personal property:
False
A book, a boat or a piece of furniture are considered intangible personal property:
False
A civil assault involves an unpermitted, unprivileged, intentional contact with another's body:
False
A court construing an ambiguous criminal statute will generally apply the interpretation that is least favorable to the government:
False
A mediator's decision is called an award:
False
According to the federal constitution, the vice president gets a vote of ALL matters brought before the Senate:
False
According to the text, under Analytical positivism, the sovereign's will is law no matter what:
False
Actual damage is necessary for liability in trespass to land:
False
An action must be commenced and concluded within the time period established in the applicable statute of limitations or it will be dismissed:
False
An injured party who has established a breach of contract is only entitled to turn to a court for equitable relief, such as specific performance, rescission, restitution, and injunctions:
False
Because of the doctrine of lex loci delicti commissi, only a point of law necessarily decided in a reported judicial opinion is binding on other courts as precedent:
False
Courts are classified by jurisdiction:
False
Ex Post Facto laws are legislative act that impose punishments on persons who have not had the benefit of a court trial:
False
Federalism is the apportioning of powers between the states;
False
In all situations, remaining silent or an inaction by the person receiving an offer constitutes acceptance:
False
Plaintiffs must serve the summons on a corporation the same way as they would serve it on a non-corporation:
False
Rules of evidence used in federal court also are used in administrative hearings:
False
State statutes establishing minimum age requirements to consume alcoholic beverages and to smoke tobacco products are examples of mala in se offenses:
False
The 8th amendment is the source of a criminal defendant's right to cross examine adverse witnesses:
False
The Administrative Procedures Act requires that general notice of proposed rule making be published in the Washington Post:
False
The United States Courts of Appeals are the only federal court that can render advisory opinions:
False
The United States Courts of Appeals have appellate jurisdiction in tort cases that were tried in state courts:
False
The crimes of perjury and burglary require proof of causation:
False
The investigative process in adoptions between related persons and unrelated persons is essentially the same and in both types of adoptions, the adopting parent's lives are closely scrutinized:
False
The statute by which a legislative body establishes an administrative agency is called the origination act:
False
The supremacy clause restricts federal powers and does not apply to the legislative function:
False
Those points of law decided by a court to resolve a legal controversy constitute dictum:
False
the amount of interest a person has in land is called an entirety:
False
Ruby sells her car to Bob. Ruby knows the car was recently in a car accident. She fails to tell Bob that the car has previously been wrecked, even though he has asked if it had ever been involved in a collision. If Bob later learns that the car was almost totaled 6 months prior to the sale and want to rescind the contract, what would be his best defense to the enforceability of the contract:
Fraud
Which of the following is not one of the 3 parts of a legally effective offer:
It must be in writing
An injunction which requires a court, before issuing it, to consider the likelihood of success on the merits and the possibility of irreparable harm if it is not issued is known as which of the following:
TRO
Betty, a citizen of California, hits Bob with her automobile in Texas. It is her fault and involves a question of state, not federal law. Bob wants to bring a suit against Betty for $21,000 for personal injuries. Which court would have jurisdiction:
Texas State Court
The idea of 'coming into court with clean hands' is a requirement of which of the following court/s:
The law courts
A Nike swoosh is an example of a trademark:
True
A court lacks jurisdiction to proceed with a case if the defendant has not been properly served with the summons:
True
A quasi judicial proceeding to determine the rights, duties and obligations of a specific person or persons is called an adjudicatory hearing:
True
A state can initiate legal proceedings to involuntarily terminate the parental rights of birth parents who have abandoned their child:
True
According to the text, Martin Luther King believed that people did not have to obey laws enacted by governments if these laws were in conflict with 'moral law'
True
According to the text, a pregnant woman has the right to unilaterally decide to have an abortion early in her pregnancy even if the person who would become the child's father objects:
True
According to the text, natural law philosophers argued that moral goodness is conceptually independent of institutional views of goodness or evil:
True
American tort law has its origins in the common law writ of trespass:
True
An injured party who has established a breach of contract is entitled to turn to a court for legal or equitable relief:
True
An unpublished opinion has no precedential value:
True
Arbitrators do NOT normally make conclusions of law and findings of fact as do juries and trial judges in civil litigation:
True
Conflict of laws rules in tort cases vary from state to state:
True
Consideration usually consists of an act or a promise to perform an act:
True
Conversion is a tort which is only available to owners of tangible personal property:
True
English common law greatly influenced legal thinking in the pre-revolutionary colonies:
True
Ethics is the study of morality:
True
If a criminal defendant is acquitted in a criminal trial, he/she can still be subsequently sued in civil courts:
True
In some situations, the parties contract with a clear understanding that the agreement is intended to benefit some other, non-contracting person:
True
In voluntary ADR, evidence that would be inadmissible in litigation is usually deemed admissible in ADR proceedings:
True
It is permissible for states to enact laws that require step parents and/or grandparents to provide child support if parents are unable to fulfill court-ordered obligations:
True
Jurisdiction requirements determine the place where judicial authority should be exercised:
True
Land courts, housing courts and environmental courts are courts of limited, original subject matter jurisdiction:
True
Mediation is less expensive than litigation:
True
Nominal damages is a token sum awarded where a breach of duty or an infraction of plaintiff's rights is shown, but no substantial injury is proven to have been sustained:
True
Replevin is a common law remedy:
True
Restitution involves restoring a person to a previous position to prevent unjust enrichment:
True
Some states statutorily require adult children to provide financial support for their parents if the parents are unable to support themselves
True
The doctrine of res judicata reduces litigation and prevents harassment or hardship to an individual who otherwise may be sued twice for the same cause of action:
True
The establishment of personal jurisdiction is constitutionally required by a court to impose binding liability on a person:
True
The full faith and credit clause is housed in Article IV of the United States constitution:
True
The laws deference to family self governance has roots traceable to Roman Law:
True
The prosecution in a RICO case must prove that the defendant has committed 2 or more 'predicate acts' within a 10 year period:
True
The reply is a pleading filed by a plaintiff:
True
Today's equity courts trace their historical lineage back to the English chancellor's:
True
Under our legal system, jurisdiction over the defendant's person rests on several factors: (1) the person's domicile or residence In the place where sued, (2) proper service of process on the person in the place where sued.
True
When a court orders reformation it rectifies or reforms a contract
True
Which of the following schools of law thought that law should focus on providing people with security and equality of opportunity:
Utilitarian law
Which of the following is an equitable remedy:
a court's awarding specific performance
In which of the following situations has a mutual benefit bailment been created:
a resturant customer hangs her coat on a self-service coat rack next to the taable at which she is dining
Which of the following are concerns of an administrative agency engaged in the adjudicatory function:
all of these
Which of the following factors is considered in determining whether property is a fixture:
all of these
Which of the following is NOT true about administrative agencies:
all of these
Which of the following is a power commonly granted to agencies, which allows them to carry out their fact finding functions:
all of these
The right to a speedy trial:
applies to both federal and state prosecutions
Under the terms of an insurance contract, disputes concerning coverage were to be submitted to a 3-member board, which would render a decision. What type of ADR is that:
arbitration
Which of the following crimes requires proof of causation:
battery
While on a flight from Orlando OIA airport to Germany, Jim, a passenger, begins exhibiting the classic symptoms of cardiac arrest. Rather than landing along the Atlantic coast, the pilot decided to continue the 10-hour flight to Frankfurt, Germany. As a result of the delay in treatment, the passenger incurred substantial heart damage. Jim, the passenger, best cause of action against the airline would be for which of the following:
battery? negligence? negligence per se?
Which of the following is classified as a criminal act:
being in possession of a controlled substance
Which of the following is NOT a duty of the grand jury:
deciding the guilt or innocence of the accused
The Adams family own property that lies at the end of the runway of the municipal airport. The city has informed the Adams family that they must keep their trees shorter than 30 feet high and has compensated them for this. This requirement could best be described as which of the following:
easement created by eminent domain
Alice loans Bob her car 'to go the store and nowhere else." While Bob is on his way to the store, he decised to go sightseeing in Alice's car. Which tort, if any, has been committed:
false imprisonment? invasion of privacy? conversion?
Which of the following factors should NOT be considered by a judge in making a determination as to which parent in a divorce should have custody of their child:
gender of the child
Which of the following would NOT be considered an intentional tort:
involvement in abnormally dangerous activities
Which of the following is true regarding rescission as a remedy:
it can be granted if one party consesnts to a contract under duress
According to the text, in our modern society, which of the following is expected to play the lesser role in promoting ethical behavior:
law
A bailment exists when a person:
leaves clothes at a dry cleaner's to be laundered.
Mediation, when compared to litigation is:
less expensive and less structured
Which of the following is NOT a requirement for obtaining title by adverse possession:
live on the property with the knowledge of the true owner, without interruption, to the detriment of the property
The basic components of a criminal offense do not include which of the following:
motive
Jen, the plaintiff, alleged that she sustained serious injuries while skiing at the defendant's ski resort and that those injuries were caused by the defective ski equipment she had rented from the rental facility on the ski resort premises. Jen, the plaintiff, further alleged that the defendant, the ski resort, had not inspected or adjusted the equipment. For which tort should she sue:
negligence
A non-custodial parent who has been required to pay child support can unilaterally suspend making such payments if the custodial parent does which of the following:
none of these
Alice, who is now selling her house, was told when she bought the house that it was fully insulated when it was built. Alice tells Barbara this and Barbara decides to buy the house. If Barbara finds out that the house is not insulated and that, as a result, her air conditioning bills will be much higher than expected, what would Barbara's proper remedy be:
recission
When a court reverses an agency's determination, it usually
remands the case back to the agency
The civil equivalent to the criminal constitutional provision known as double jeopardy, whereby one cannot be tried twice for the same alleged wrong, is known as which of the following:
res judicata
A final judgment or decree rendered on the merits, without fraud or collusion, by a court of competent jurisdiction, is conclusive of rights, questions and facts in issue as to the parties and their privies and is a complete bar to any subsequent action on the same cause of action between the parties or those in privity with them. This statement explains which of the following:
res judicata? the full faith and credit clause? dictum?
Which of the following is NOT an ADR procedure:
small claims court
The Secretary of Commerce, pursuant to his/her rule making authority, adopted regulations concerning over fishing, which prohibited persons holding general fishing permits from using spotter air craft, but allowed other persons holding special licenses to use them. Plaintiff's (persons holding general fishing permits) brought suit to challenge the regulation. What will the plaintiffs have to show in order to overturn the regulation:
that the agency acted arbitrarily and capriciously in anacting its regulations
In an action where there is substantial loss or injury to the plaintiff and where the law recognizes an invasion of his rights or breach of the defendant's duty to the plaintiff, the court will award which of the following kinds of damages:
the court can award all of these kinds of damages
The right to marry is constitutionally protected by which clause/clauses of the 14th amendment:
the due process clause
In the case of Gregg v Georgia, the federal Supreme Court justices debated which of the following:
the ethics and legality of capital punishment
A defendant who loses the case because the judge, after the conclusion of the trial, awards a money judgment to the plaintiff is called:
the judgment debtor
Which of the following would not be found in an administrative agency's enabling act:
the right to determine its own powers
Uncle Bob, in writing, promised his nephew, Tyler, $5,000 if Tyler would refrain from drinking, using tobacco, swearing and playing cards or pool for money until the age of 21, all of which was otherwise legal for Tyler to do at the time in the state where he lives (this is NOT Florida). Tyler performed as requested. Which of the following statements is true:
there is a valid contract and Tyler is entitled to the $5,000 from Uncle Bob
If a state's common law did not recognize a right of privacy against unauthorized publicity or the appropriation of someone's likeness for another's commercial advantage, what should the trial court do:
transfer the case to the United States Supreme Court? Enter an order for discovery? Grant the defendant's motion to dismiss for failure to state a claim on which relief could be granted?
Which of the following schools of law concentrated on the social usefulness of legislation rather than on metaphysical notions of goodness and justice:
utilitarian law
According to the text, the American tort system is a reflection of thinking of which 'kind' of law
utilitarian law? natural law? statutory law?
The 7th amendment denies litigants in federal court the right to a jury trial in which of the following types of cases:
where the plaintiff is seeking an injunction
Jill says to Ben, "I offer to sell you my DVD players for $90." Ben replies, "If you don't hear otherwise from me by Thursday, I have accepted the offer." Jill agrees and does not hear from Ben by Thursday. Does a contract exist between them:
yes, because the parties agreed that silence would constitute acceptance
