BUSA 310 test 1

What is the primary protection of the 5th Amendment to the United States Constitution? a. Against self-incrimination b. Right to vote c. Freedom of speech

a. Against self-incrimination

What right does the 1st Amendment to the United States Constitution protect? a. Free speech b. Right against self-incrimination c. Right to vote

a. Free speech

A prosecutor's primary job is to seek: a. Justice b. Maximum conviction possible c. Maximum sentence possible d. Try as many cases as possible

a. Justice

Which branch of government generally introduces new laws? a. Legislature b. Executive c. Judicial

a. Legislature

An example of non-economic award is . . . a. Order of injunction b. Future medical bills c. Lost pension benefit award

a. Order of injunction

A Plaintiff is an individual or company that initiates the lawsuit. a. True b. False

a. True

A case is remanded when it is sent back to a trial court for further proceedings consistent with the opinion of the appellate court. a. True b. False

a. True

A default judgment is entered against a party who fails to respond to the allegations in a complaint. a. True b. False

a. True

A state law that conflicts with the U.S. Constitution will be deemed unconstitutional. a. True b. False

a. True

All torts are made up of elements. a. True b. False

a. True

An appellate court can reverse the decision of a trial court that erred. a. True b. False

a. True

Damages are a remedy at law. a. True b. False

a. True

Foreseeability means that the harm caused has to flow naturally from the act that occurred. a. True b. False

a. True

In a West Virginia Civil Jury Trial, verdicts have to be unanimous. a. True b. False

a. True

John gets sued in State Court for causing a car wreck, he can waive his right to a jury trial. a. True b. False

a. True

Law is a body of enforceable rules governing relationships among individuals and between individuals and their society. a. True b. False

a. True

One act can lead to both a criminal and a civil suit? a. True b. False

a. True

Remedies in equity include injunctions and decrees of specific performance. a. True b. False

a. True

The most widely used defense in negligence actions is comparative negligence. a. True b. False

a. True

The purpose of tort law is to provide remedies for the violation of various protected interests. a. True b. False

a. True

The stability and predictability of the law are essential to business activities. a. True b. False

a. True

There is a set of federal rules of procedure and various sets of rules for state courts. a. True b. False

a. True

I am stopped by the police for suspected drinking and driving. Does the 5th Amendment allow me to refuse the Breathalyzer? a. Yes b. No

a. Yes

The police suspect I am selling drugs but don't have enough evidence to get a search warrant but go ahead and search my home anyway . . . the evidence at trial will . . . a. Come in because the jury can weigh their (police) conduct vs. my guilt b. Excluded, unreasonable search and seizure c. Come in because of the societal drug exception d. Be excluded due to the legalization of marijuana

b. Excluded, unreasonable search and seizure

A company can be sentenced to spend time in jail. a. True b. False

b. False

A judge's function is to make the law. a. True b. False

b. False

A key to avoiding business disputes is to go ahead without thinking ahead. a. True b. False

b. False

Constitutional law includes only the U.S. Constitution. a. True b. False

b. False

Every judgment is enforceable. a. True b. False

b. False

Federal Sentencing Guidelines were adopted to make sure criminals received the maximum punishment allowed under Federal Law. a. True b. False

b. False

In most states, the courts no longer grant "equitable" remedies. a. True b. False

b. False

The term common law refers to law that is common throughout the world. a. True b. False

b. False

Under the theory of negligence, the duty of care requires an intentional act. a. True b. False

b. False

Uniform laws apply in all states, including those in which the laws have not been adopted. a. True b. False

b. False

How do you start a civil suit? a. Punch someone b. File a Complaint c. File an Answer

b. File a Complaint

A doctor operates on your leg, he does everything correct but unfortunately you develop an infection in the hospital and die . . . Why is the doctor not liable? a. No duty to prevent infection b. He did not breach the standard of care c. He did not cause the injury d. All the above

b. He did not breach the standard of care

I run a wine shop. Smith comes into my shop to buy some wine, later drinking it at home and in a drunken stooper shoots and kills his wife . . . Should the wife's estate win the lawsuit against my wine shop? a. Yes b. No

b. No

Sally went to the beach last year, the hotel staff told her to be careful because the water was full of sharks. Sally was bitten by a shark. . . she sues the hotel. The hotel can assert what defense . . . a. Stupidity b. Statute of limitations c. Assumption of the risk

c. Assumption of the risk

A tort is a . . . a. French pastry b. Criminal offense c. Civil wrong

c. Civil wrong

I am tried for stealing a 2014 automobile and found not guilty . . . the prosecutor later learns it was not a 2014 model, but was manufactured in 2013 and recharges me. My attorney moves to dismiss the case because . . . a. No duty b. Negligent prosecution c. Double jeopardy d. Patriot Act

c. Double jeopardy

Federal Judges are appointed by which branch of government? a. Executive b. Legislative c. Judiciary

c. Judiciary

Discovery is used to find out facts and evidence in a civil suit; which one of the following is not a tool used in discovery. a. Deposition b. Production of documents and things c. Motion for Joinder of a Party

c. Motion for Joinder of a Party

Which element does not belong in a negligence case? a. Owed a duty b. Breached the duty c. Must be a citizen of another state d. Damaged

c. Must be a citizen of another state

John wins a verdict at trial of $100,000.00, he has already collected $95,000.00 from co-defendants . . . The Judge, therefore, enters an Order for only $5,000.00 . . . what is this called? a. Subrogation b. Damage Cap c. Offset

c. Offset

Sally takes her case to trial and wins $75,000.00. She later refiles the exact same case. She will be barred from processing the second case by the . . . a. State Constitution b. Checks and balances c. One Recovery Rule

c. One Recovery Rule

An attorney is told by his client that he committed the crime he is charged with . . . it is ethical for the lawyer . . . a. To tell the prosecutor b. To tell the Judge c. Plead his client not guilty

c. Plead his client not guilty

Strict liability in tort means one does not have to prove a company making the product was negligent. What is a defense to this type of claim? a. Comparative fault b. Assumption of risk c. State of the art d. Contributory fault

c. State of the art

How does the Federal Government persuade states to pass laws they might otherwise not pass . . . a. Threaten a lawsuit b. Send in Federal Troops c. Withhold funds

c. Withhold funds

Law requires you to act a certain way. Ethics is how . . . a. You close a deal b. You use whatever means necessary to get a business advantage c. You should act

c. You should act

John is on his own land chopping down a tree. Dave, a trespasser, is down the hill from John, but John doesn't know it and when the tree falls, it hits Dave and kills him . . . John's best argument for not being liable is: a. No duty to Dave b. No foreseeability c. Dave was injured due to own carelessness d. All the above

d. All the above

What are some considerations when trying to evaluate whether or not to bring a civil lawsuit . . . a. Cost b. Precedential value c. Duration of case d. All the above

d. All the above

Which are economic damages? a. Lost wages b. Medical bills c. Pain and suffering d. All the above

d. All the above

Which is a type of law? a. Common b. Statute c. University Policies d. All the above

d. All the above

Joe is at a bar on Thursday night, a person much bigger than him threatens to "beat him to a pulp". . . Joe has a potential cause of action for . . . a. Negligence b. Battery c. Libel d. Assault

d. Assault

Tom, a West Virginia resident, was in a car wreck in West Virginia with another West Virginia resident, where can he bring his law suit? a. Pennsylvania b. Ohio c. Federal Court d. None of the above

d. None of the above

I am a 56-year old white male charged with breaking and entering the Alpha-Z-Delta Sorority House, my attorney has me tested and I have an IQ of 26 . . . when can my lawyer assert the defense that my IQ is a defense . . . a. Pre-trial in that I am not competent to participate in my defense b. As a defense to the whole crime because I am unable to distinguish between right and wrong c. Never d. a and b

d. a and b

Which are the sources of new legislation . . . a. City council b. State legislature c. Supreme Court d. a and b only

d. a and b only

Bob threw a baseball and he hit Tom, by mistake, in the back of the head, injuring Tom. Bob could be liable for . . . a. Negligence b. An intentional tort c. Battery d. a and c

d. a and c

Which of the following, if any, are examples of property damages . . . a. Replacement b. Lost wages c. Cost of repair d. a and c

d. a and c

Who is responsible for bringing a criminal action? a. U.S. Attorney b. The Law Firm of Hendrickson & Long c. State Prosecutor d. a and c only

d. a and c only