Chapter: 1.4.6.8,9
Which of the following are sources of administrative law? Choose 3 answers. A. agency opinions B. agency guidance C. executive orders D. agency regulations
A. agency opinions C. executive orders D. agency regulations
When party A and B form a contract and both parties fully perform, the contract is considered: A. executed. B. executory. C. invalid. D. valid.
A. executed.
Which branch of government creates statutory law? A. legislative B. administrative C. executive D. judicial
A. legislative
The reasonable person standard applies to which of the required elements to be proved in a negligence case? Choose 2 answer choices. A. Proximate cause. B. Duty of care. C. Causation in fact. D. Damages. E. Breach of duty.
B. Duty of care. E. Breach of duty.
The idea that each person has intrinsic biases that impact their decisions is a component of which school of thought? A. Historical School B. Positivist School C. Legal Realist School D. Natural Law
C. Legal Realist School
Agency rules are similar to statutes because of which one of the following? A. Congress must vote in favor of them to become effective. B. They are opinions regarding laws passed by Congress. C. They are legal requirements and binding as if Congress has passed them. D. They are enforced by law enforcement agencies.
C. They are legal requirements and binding as if Congress has passed them.
A product liability lawsuit can be filed under which legal theory? Choose 3 answer choices. A. Strict Liability B. Intentional Tort C. Negligence D. Criminal law E. Commerce Law
A. Strict Liability B. Intentional Tort C. Negligence
Legal realists would claim: A. an unjust law is no law at all. B. it doesn't matter what the law says, but who enforces it. C. only laws which are moral should be followed. D. the sovereign can never be wrong.
B. it doesn't matter what the law says, but who enforces it.
What is the term for the defense that a product was manufactured in compliance with all safety and health standards required at that time and used current technical or scientific knowledge? A. business advantage defense B. puffery defense C. state-of-the-art defense D. cutting edge defense
C. state-of-the-art defense
The U.S. Constitution does which of the following? A. It provides for the fundamental rights of citizens. B. It creates three branches of government. C. It lists the first ten statutes of the federal government. D. It divides ruling authority between a state and the federal system.
A. It provides for the fundamental rights of citizens. B. It creates three branches of government. D. It divides ruling authority between a state and the federal system.
Congress has the right to pass laws, as long as: A. they do not conflict with the United States Constitution. B. they follow the common law. C. they do not conflict with administrative regulations. D. it follows precedent.
A. they do not conflict with the United States Constitution.
The federal and most state judicial branches have at least these three levels in the court system: A. trial court, intermediate appellate court, and highest appellate court. B. chancery, district, and appellate. C. district, circuit, and appellate. D. district, appeals, and supreme.
A. trial court, intermediate appellate court, and highest appellate court.
What is the type of business tort that occurs when one business steals a competitor's employee? A. intentional infliction of emotional distress B. wrongful or tortious interference with contract C. trespass to contract D. breach of contract
B. wrongful or tortious interference with contract
Sal has ordered 100 pounds of shrimp for his restaurant from Sam every Friday for 5 years and has always paid that week's market price. One Friday, Sal decides to take a vacation but doesn't tell Sam. Sam claims they have a contract, even though it was never written down. What kind of contract do they have? A. quasi B. implied-in-law C. implied-in-fact D. express
C. implied-in-fact
When a party wishes to excuse a potential juror without giving a reason, the party may exercise a: A. personal challenge. B. challenge for cause. C. peremptory challenge. D. challenge for fitness.
C. peremptory challenge.
In a contract where the payment is broken down such that 80 percent of the cost is for materials and 20 percent is for installation of those materials, the contract will be governed by: A. the common law. B. neither the common law nor the UCC. C. the UCC. D. both the common law and the UCC.
C. the UCC.
What factor should a plaintiff consider when deciding which interference tort applies to a situation? A. If the defendant has signed a contract with the third party. B. If the plaintiff and the defendant had signed a contract. C. If the defendant has formed a relationship with the third party. D. If the plaintiff had a contract with another party who breached the contract.
D. If the plaintiff had a contract with another party who breached the contract.
Contests, lotteries, and competitions with prizes are common examples of: A. bilateral contracts. B. implied in law contracts. C. void contracts. D. unilateral contracts.
D. unilateral contracts.
Which of the following tests may be used by a court in a design defect case? Choose 2 answers. A. consumer expectation test B. risk-utility analysis C. obvious risk analysis D. market-share liability analysis
A. consumer expectation test B. risk-utility analysis
Which of the following requires a plaintiff to prove malice? A. defamation B. injurious falsehood C. disparagement D. wrongful interference with a contract
B. injurious falsehood
What is a document called that is filed with the court to state the position of the plaintiff or the defendant in a lawsuit and ask for relief from the court? A. pleading B. claim C. complaint D. motion
A. pleading
Which branch of government do you think creates statutes? A. the legislature B. the judiciary C. administrative agencies D. the attorney general
A. the legislature
Tort law benefits the capital market by protecting which of the following business interests? Choose 3 answers. A. rights of business invitees B. business reputation C. property interests D. investment in employees
B. business reputation C. property interests D. investment in employees
Which of the following types of law originated from early English history in an effort to provide a body of law that applied to the entire English realm? A. sovereign law B. common law C. statutory law D. king's law
B. common law
What is the business tort that happens when a person causes economic losses to a business by intentionally publishing false statements about the products or property of the business? A. defamation B. disparagement C. interference with a business relationship D. nuisance
B. disparagement
Steps for creating a statutory law include filing a bill in the legislature, debating and voting on the bill in committees and in the legislative assembly, and ultimately: A. being published in the state or federal code. B. being approved by the courts. C. becoming an act when signed by the president or state governor, or if vetoed, when the veto is overridden. D. being designated as a civil or criminal law.
C. becoming an act when signed by the president or state governor, or if vetoed, when the veto is overridden.
Which of the elements required to prove negligence involve the reasonable person standard? Choose 2 answer choices. A. Breach of duty of care. B. Causation in fact. C. Duty of care. D. Damages. E. Proximate cause.
A. Breach of duty of care. C. Duty of care.
In what situation would justification be appropriate? A. Justification is appropriate for either type of wrongful interference tort. B. Justification is appropriate only for wrongful (tortious) interference with business relationship or prospective advantage. C. A plaintiff can use justification for either type of wrongful interference tort. D. Justification is only appropriate for wrongful (tortious) interference with a contract or a contractual relationship.
A. Justification is appropriate for either type of wrongful interference tort.
An arbitrator is different than a mediator because an arbitrator: A. has the authority to make a binding award. B. is a third-party neutral. C. hears both sides of a matter. D. is employed to help the parties avoid litigation.
A. has the authority to make a binding award.
To meet the element of intent, a plaintiff must prove that the defendant: A. knowingly committed the act or knew with substantial certainty that his or her actions would result in the consequences. B. had an evil or harmful motive. C. acted negligently. D. acted with malice.
A. knowingly committed the act or knew with substantial certainty that his or her actions would result in the consequences.
In a negligence action, a plaintiff may seek an award for compensatory damages as a result of which of the following? Choose 3 answers. A. medical bills B. the loss of a spouse's companionship C. actual missed days at work D. a desire to punish the defendant for their unreasonable behavior
A. medical bills B. the loss of a spouse's companionship C. actual missed days at work
What factors make an agreement enforceable under the principle of quasi-contract? Choose 2 answers. A. The courts determine that an enforceable contract exists. B. One party is being enriched at the expense of the other. C. The enriching party is negligent. D. The enriched party knows about the benefit and keeps it.
B. One party is being enriched at the expense of the other. D. The enriched party knows about the benefit and keeps it.
The Administrative Procedure Act (APA) is the federal law that does which of the following? A. The APA requires that agencies conduct public hearings. B. The APA sets out the rule-making process for administrative agencies. C. The APA requires an economic impact statement for rules or regulations that impact small businesses. D. The APA requires Congress to review agency rules and regulations before they become final.
B. The APA sets out the rule-making process for administrative agencies.
What are the benefits of the exhaustion doctrine? A. The exhaustion doctrine ensures federal courts have increases in cases. B. The exhaustion doctrine requires resolution of disputes within the agency without involving the court system, except when necessary. C. The exhaustion doctrine allows for theoretical appeals. D. The exhaustion doctrine provides a quick and easy path to the federal court system for appeals.
B. The exhaustion doctrine requires resolution of disputes within the agency without involving the court system, except when necessary.
Which of the following lists the steps of a trial in the correct chronological order from beginning to end? A. Defendant's case, Plaintiff's case, closing statements, jury instructions B. Defendant's case, closing statements, verdict, jury instructions C. Opening statements, jury selection, plaintiff's case, closing statements D. Jury selection, opening statements, plaintiff's case, defendant's case
D. Jury selection, opening statements, plaintiff's case, defendant's case
What are two types of challenges an attorney can make during voir dire? A. Peremptory challenges B. Non obstante challenge C. Challenge for verdict D. Challenge for cause
A. Peremptory challenges D. Challenge for cause
A company that has its property taken without permission and then sold or transferred to a third party may sue for what tort? A. conversion B. intentional interference with a business relationship C. disparagement D. trespass to chattels
A. conversion
Which branch of government has the authority to enact law? A. executive B. legislative C. administrative D. judicial
B. legislative
What liability theory is used by courts to allocate damages when there are multiple defendants and it cannot be proven which defendant was responsible? A. equitable liability B. market-share liability C. product liability D. risk liability
B. market-share liability
The argument that a law should not be followed because it violates the inherent rights of human beings follows which theory of jurisprudence? A. positivism B. natural law C. legal realism D. historical school
B. natural law
What elements are required for courts to apply the doctrine of promissory estoppel? Choose 3 answers. A. The promise must be definite and relied upon. B. There must have been consideration given with the promise. C. Enforcement of the promise is necessary to avoid injustice to the promisee. D. There was a detrimental result from reliance on the promise.
A. The promise must be definite and relied upon. C. Enforcement of the promise is necessary to avoid injustice to the promisee. D. There was a detrimental result from reliance on the promise.
Upon graduating, you interview for several jobs. Although you are currently living in Iowa, you receive an offer from a company in New York. You agree to take the job which is supposed to start in one month. You move all of your belongings to New York and get settled into an apartment, and decline all other job offers you receive. However, three days before the job is supposed to start, the company tells you that they no longer need you. Even though you never signed any contract, do you have any legal recourse against the company? A. No, unless you had a written contract. B. Yes, because you had costs in moving and gave up other job offers to take their offer. C. No, because companies are not liable for your costs in life. D. No, because you had not started work yet.
B. Yes, because you had costs in moving and gave up other job offers to take their offer.
You run a local marathon, and it is very crowded. As you approach the first mile marker, you accidentally trip one of the other runners. She falls hard, hits her head on the pavement, and is taken away in an ambulance. She later sues you for negligence. What do you think would happen if you defend the lawsuit by saying that you did not intend to trip her? A. You would not be successful because intent doesn't matter. B. You would not be successful because intent is not required for a negligence claim. C. You would win because you had no evil motive. D. You would win because you did not intend to trip her.
B. You would not be successful because intent is not required for a negligence claim.
If an individual shopping for groceries opens a bottle of water from their cart and drinks it before they have paid for their items: A. a voidable contract has been created. B. a quasi-contract has been created. C. a unilateral contract has been created. D. a bilateral contract has been created.
B. a quasi-contract has been created.
Quon and Bert have signed a contract for Bert to mow Quon's grass every week in June, July, and August for a price of $40 per week. They have agreed to all the necessary terms, but Bert has not yet mowed because it is still May. What type of contract do they have? A. void B. executory C. executed D. unilateral
B. executory
The judicial branch may limit an administrative agency's actions by which of the following? Choose 2 answers. A. a court's removal of an agency officer B. judicial review of the agency's orders on appeal C. judicial review of the agency's regulations D. a court's modification of the agency's authority
B. judicial review of the agency's orders on appeal C. judicial review of the agency's regulations
How could liability be determined with superseding causes? A. If the third party's actions are foreseeable, the defendant who causes the first act cannot be liable. B. Both the defendant and the third party who caused the second event can be liable for damages experienced by the plaintiff when there is a superseding cause. C. If the third party who commits the second act could foresee the defendant's original act, he or she is liable.
D. If the third party's actions or the second event are unforeseeable, the defendant who causes the first act could be relieved of liability.
Which of the following statements correctly reflects the role of a federal administrative law judge (ALJ)? A. An ALJ presides over an administrative hearing and issues an order that, when final, may be reviewed by a court. B. An ALJ's final order may only be overturned by a court if it is unreasonable. C. An ALJ's final order may be re-tried in a federal district court. D. An ALJ's final order may not be reviewed by a court.
A. An ALJ presides over an administrative hearing and issues an order that, when final, may be reviewed by a court.
A chain of jewelry stores uses an actress, Felicity Fake, who resembles Rachel Real, a famous actress, to appear in commercials for their stores, with the intent of giving the impression that Rachel Real is endorsing the chain. They dress Felicity in a dress similar to the dress Rachel Real wore in her most famous movie and ask Felicity to imitate Rachel's voice. Rachel Real is insulted by the presentation. For which intentional tort could Rachel sue the company? Choose 2 answer choices. A. Invasion of Privacy B. Defamation C. Appropriation D. Conversion
A. Invasion of Privacy C. Appropriation
A product is unreasonably dangerous to consumers when it meets which of the following conditions? Choose 3 answers. A. It is inherently dangerous but is even more dangerous than an ordinary consumer would expect. B. A less dangerous alternative was available but was not used by the manufacturer. C. The manufacturer failed to adequately warn the consumer about the dangers of the product. D. It is identified for recall.
A. It is inherently dangerous but is even more dangerous than an ordinary consumer would expect. B. A less dangerous alternative was available but was not used by the manufacturer. C. The manufacturer failed to adequately warn the consumer about the dangers of the product.
Federal courts have exclusive subject matter jurisdiction over which of the following? Choose 2 answer choices. A. Patent/trademark/copyright cases B. Probate C. Divorces D. Bankruptcies
A. Patent/trademark/copyright cases D. Bankruptcies
To win a wrongful interference with a contract case, a plaintiff must prove which of the following elements? Choose 3 answer choices. A. The defendant knew a contract between the plaintiff and a third party existed. B. The defendant persuaded a third party not to sign a negotiated contract with the plaintiff. C. The plaintiff experienced injury or damages as a result of the defendant's actions. D. A valid contract existed between the plaintiff and a third party.
A. The defendant knew a contract between the plaintiff and a third party existed. C. The plaintiff experienced injury or damages as a result of the defendant's actions. D. A valid contract existed between the plaintiff and a third party.
Who is authorized to enter into treaties under the Constitution? A. The president B. The Supreme Court C. The House of Representatives D. The Senate
A. The president
Which of the following describes a product with a defective condition? A. The product is not reasonably fit for its ordinary and intended use. B. The product was more dangerous than an alternative. C. The product has an obvious and observable defect. D. The product has a defect that was known to the manufacturer.
A. The product is not reasonably fit for its ordinary and intended use.
When an agency needs to enforce the law or its regulations, it may exercise which of the following powers? Choose 3 answers. A. conduct a hearing to obtain a final order B. issue restraining orders C. issue a subpoena D. investigate complaints and possible violations of its regulations or the law
A. conduct a hearing to obtain a final order C. issue a subpoena D. investigate complaints and possible violations of its regulations or the law
Don and Kim have entered into a contract for the purchase of a car. Don has paid money for the car, but Kim has not yet delivered it. This is an: A. executory contract. B. executed contract. C. illusory contract. D. implied contract.
A. executory contract.
The U.S. Constitution impacts state sovereignty by requiring states to honor the public acts of another state through:full faith and credit. A. full faith and credit. B. uniform laws. C. ordinances. D. the commerce clause.
A. full faith and credit.
A party may challenge a potential juror for cause if the party believes the potential juror: (Choose 3 answers.) A. has prior knowledge of the facts of the lawsuit. B. is of a particular race. C. is biased. D. is a friend or relative of one of the parties.
A. has prior knowledge of the facts of the lawsuit. C. is biased. D. is a friend or relative of one of the parties.
If a trial court judge is deciding an issue that has never come before the court (a case of first impression), they: A. may create new precedent. B. must wait until another judge creates precedent. C. must decline to hear the matter. D. may ask an appellate court to decide the matter.
A. may create new precedent.
What are the three steps of a civil trial? Choose 3 answers. A. opening arguments B. presentation of testimony and evidence C. jury selection D. closing arguments
A. opening arguments B. presentation of testimony and evidence D. closing arguments
A business landowner has a duty to reasonably maintain his or her property for safety. When the business invites guests or customers onto its premises, it has a duty to: A. warn invitees of and reasonably protect them from a foreseeable risk of harm or danger from something on the premises. B. warn invitees and trespassers of, and reasonably protect them from, a foreseeable risk of harm or danger from something on the premises. C. warn invitees of all risks, even of an obvious risk. D. reasonably protect invitees from every possible risk of harm or danger that could exist on the premises.
A. warn invitees of and reasonably protect them from a foreseeable risk of harm or danger from something on the premises.
You own a German Shepherd named Max who you love and adore. You are aware that Max is sometimes aggressive with new people. Because of that, you are usually very careful to prevent Max from running out of the house unleashed. One day, as you open the door to bring in the mail, Max escapes out of the door and attacks a woman walking in the vicinity of your home. The woman suffers significant injuries on her right arm, some of which she claims will leave permanent scars. You feel very bad about this. The woman is now suing you for $18,000 to cover her alleged medical bills, missed time at work, and pain and suffering. To prepare for the trial, you would like to review the woman's medical records, medical bills, work schedule, and salary. Additionally, you would like to have a doctor of your choosing examine her arm and assess the true extent of the injuries. What is the procedure a defendant uses to learn more about a plaintiff's claim before trial? A. pretrial conference B. Correct answer. discovery C. motion for a directed verdict D. voir dire
B. Correct answer. discovery
In what situations would a court be likely to award a quasi-contract? Choose 2 answer choices. A.When the party provided the services for unwilling recipients B. If the defendant was unjustly enriched and played a part in deceiving the plaintiff C. If the defendant did not know the plaintiff would expect to be paid for the services D. When the unjust enrichment is a relatively insignificant amount of money
B. If the defendant was unjustly enriched and played a part in deceiving the plaintiff D. When the unjust enrichment is a relatively insignificant amount of money
Which of the following are the TWO types of ADR that results in parties voluntarily signing a settlement agreement rather than proceeding to trial? Choose 2 answer choices. A. Arbitration B. Mediation C. Litigation D. Negotiation
B. Mediation D. Negotiation
The belief that as humans we are all entitled to certain fundamental rights is a component of which school of thought? A. Historical School B. Natural Law C. Legal Realism D. Positivist School
B. Natural Law
Which of the following is a true statement concerning class action lawsuits? Choose 2 answers. A. Each member of the class must have the identical harm to share in a settlement award. B. One party harmed by a company files a lawsuit on behalf of a large group of unnamed people who have been similarly harmed. C. A class action saves judicial resources by providing a convenient and economical means for settling disputes involving a large number of possible plaintiffs. D. One person can file a class action, even if that person was not personally harmed.
B. One party harmed by a company files a lawsuit on behalf of a large group of unnamed people who have been similarly harmed. C. A class action saves judicial resources by providing a convenient and economical means for settling disputes involving a large number of possible plaintiffs.
Which of the following statements are applicable to the doctrine of stare decisis? Choose 2 answers. A. A lower court may choose whether to follow the precedent of a decision made by a higher court in the same jurisdiction. B. Stare decisis is a principle that arose out of the common law. C. A court must follow the decisions of a higher court, even if the decision comes from another jurisdiction. D. A lower court must follow the precedent of a decision made by a higher court in the same jurisdiction.
B. Stare decisis is a principle that arose out of the common law. D. A lower court must follow the precedent of a decision made by a higher court in the same jurisdiction.
What can a defendant present to win a strict liability case? A. A less dangerous alternative was economically feasible for the manufacturer, but the manufacturer failed to produce it. B. The consumer altered the product since purchasing it and that caused the harm C. Lack of fault in causing the harm. D. Lack of intent to cause the harm.
B. The consumer altered the product since purchasing it and that caused the harm
Which of the elements must a plaintiff prove to prevail in a negligence lawsuit? A. The plaintiff must prove that there is a duty of care and breach of that duty. The plaintiff does not have to prove damages in the lawsuit. Damages are discussed in settlements or ordered by the judge. B. The plaintiff must address all of the elements. C.The plaintiff must prove breach of duty and causation, but not duty of care because the judge or jury makes that determination based on the facts. D. A plaintiff must prove breach and causation, while the defendant must prove there is no duty of care and no proximate cause.
B. The plaintiff must address all of the elements.
Which of the following is the supreme law of the land? A. common law B. U.S. Constitution C. U.S. Supreme Court D. Bill of Rights
B. U.S. Constitution
A court has personal jurisdiction over a party in which of the following circumstances? Choose 2 answer choices. A. When the party lives within 250 miles of the court B. When the party's property at issue in the case exists within the geographic boundaries of the authority of the court C. When a party brings a case in its court D. When the court has already established that the court has subject matter jurisdiction
B. When the party's property at issue in the case exists within the geographic boundaries of the authority of the court C. When a party brings a case in its court
What does the reasonable person standard impose on a person in a negligence lawsuit? A. to act according to one's own moral or religious convictions B. a duty to act as a reasonable person would in the same circumstances C. the exercise of reasonable care in all of their actions D. to act as a normal person would in the same circumstances
B. a duty to act as a reasonable person would in the same circumstances
Which of the following creates a bilateral contract? (Select all that apply) A. lottery tickets B. a sale of goods with payment at delivery C. a competition with prizes D. reward posters
B. a sale of goods with payment at delivery
Which of the following are the two primary types of damages available for an intentional tort? Choose 2 answers. A. liquidated damages B. compensatory damages C. credible damages D. punitive damages
B. compensatory damages D. punitive damages
Carol and Al enter into a contract for the sale of a painting. Carol pays Al the asking price and Al delivers to Carol the painting. This contract is an: A. executory contract. B. executed contract. C. implied contract. D. illusory contract.
B. executed contract.
Court orders may: (Select two) A. give a party a remedy without filing a claim. B. prohibit a party from doing something. C. make certain behaviors unlawful. D. compel a party to do something.
B. prohibit a party from doing something. D. compel a party to do something.
In a unilateral contract: A. the offeror may revoke the offer at any time before performance has been completed. B. substantially undertaking performance prevents the offeror from revoking the offer. C. the parties exchange a promise for a promise. D. acceptance may occur through a promise or an act.
B. substantially undertaking performance prevents the offeror from revoking the offer.
Franklin tosses a ball up in the air and intends to catch it, yet the ball hits a bystander, Yen, and injures her. Which of the following is correct? A. Franklin's carelessness is evidence of intent, instead of motive. B. This is an example of transferred intent. C. Franklin was negligent. D. Franklin is liable for an intentional tort.
C. Franklin was negligent.
What law enables citizens to obtain information from the government about a subject of interest when a written request is made? A. Privacy Act B. Enabling Legislation C. Freedom of Information Act D. The Administrative Procedure Act
C. Freedom of Information Act
Which of the following statements explains the formation and purpose of a federal administrative agency? Choose 2 answers. A. A federal administrative agency is given its authority in the U.S. Constitution. B. As part of the executive branch, a federal administrative agency is formed by the president to establish regulations that will implement and enforce the law. C. Most federal administrative agencies are subject to the authority of the president, but some are independent. D. An administrative agency is formed by enabling legislation that also provides the authority to establish regulations that will implement and enforce the law.
C. Most federal administrative agencies are subject to the authority of the president, but some are independent. D. An administrative agency is formed by enabling legislation that also provides the authority to establish regulations that will implement and enforce the law.
What must a party do before appealing an agency action in the court system? Choose 2 answer choices. A. Must have some theoretical basis for the appeal. B. Must decide whether to sue in state or federal court. C. Must show direct harm. D. Must follow the agency appeal process.
C. Must show direct harm. D. Must follow the agency appeal process.
Cari discovers that Lucas has a criminal background and shares this information with others where they both work. Which intentional tort could apply here? A. Defamation B. This is not an intentional tort. C. Public Disclosure of Private Facts D. False Imprisonment
C. Public Disclosure of Private Facts
A plaintiff must prove which two of the following to succeed in a design defect case? Choose 2 answers. A. The product did not contain reasonable instructions or warnings of the product's potential harm. B. The product was defective even if there was no reasonable alternative design. C. The failure to use a safer design was the cause of harm to the plaintiff. D. An alternative design was safer and available and the manufacturer did not use the alternative.
C. The failure to use a safer design was the cause of harm to the plaintiff. D. An alternative design was safer and available and the manufacturer did not use the alternative.
The president signs an executive order declaring that any president may now run for three terms of office instead of two. How could his/her power be checked by the legislative branch? A. The legislature could pass a law eliminating the executive branch. B. The legislature has no authority to check the power of the executive. C. The legislature could impeach him/her. D. The legislature could declare his/her order unconstitutional.
C. The legislature could impeach him/her.
The reasonable person standard can vary based on what factors? Choose 2 answer choices. A. The attributes of jury members. B. The attributes of the plaintiff. C. The occupation of the defendant. D. Facts and circumstances of the situation.
C. The occupation of the defendant. D. Facts and circumstances of the situation.
Keisha entered into a contract with Ron to cater all of his parties. Larry interfered with those arrangements and persuaded Ron to move his business from Keisha to Larry. Which tort would be appropriate for Keisha to file against Larry? Choose 2 answer choices. A. Wrongful interference with a business relationship. B. Tortious interference with a prospective advantage. C. Wrongful interference with a contractual relationship. D. Tortious interference with a contract.
C. Wrongful interference with a contractual relationship. D. Tortious interference with a contract.
George gave Maxwell a friendly slap on the back, not knowing that Maxwell was drinking coffee. The slap frightened Maxwell and he choked on the coffee. Have all the elements of battery been met? A. No, because the slap was friendly and not meant to cause harm. B. No, because Maxwell was not seriously harmed. C. Yes, because the slap was intentional and non-consensual, and Maxwell was harmed. D. Yes, because George reasonably should have known that Maxwell would choke on the coffee.
C. Yes, because the slap was intentional and non-consensual, and Maxwell was harmed.
When the parties in a dispute present their arguments and evidence to a neutral third party who then renders a decision, it is called: A. mediation. B. negotiation. C. arbitration. D. adjudication.
C. arbitration.
The role of a mediator is to: A. hear the parties' dispute without an attorney. B. negotiate on behalf of one of the parties in a dispute. C. assist parties in a dispute in resolving their differences out of court. D. hear the complaints of the parties and render an out-of-court decision.
C. assist parties in a dispute in resolving their differences out of court.
What is the term for the legal ability to enter into a binding contract? A. emancipation B. legal capability C. contractual capacity D. mental competence
C. contractual capacity
Congress passes a law making it a crime to use marijuana. The judiciary can check the power of Congress by: A. making it constitutional to use marijuana. B. vetoing the law. C. declaring the law unconstitutional. D. impeaching senators.
C. declaring the law unconstitutional.
Civil law: A. regulates moral duties as opposed to legal duties. B. punishes wrongdoers with monetary fines and prison. C. regulates the rights and duties between parties. D. regulates individuals behaviors which impact society as a whole.
C. regulates the rights and duties between parties.
What is the term for a contract agreement in which an offeror promises to pay after the occurrence of a specified act, and the offeree is not required to respond in words? A. executed contract B. bilateral contract C. unilateral contract D. open contract
C. unilateral contract
What is the process of interviewing prospective jurors and either approving of or challenging a person's impartiality toward service on a particular jury? A. in personam B. corpus juris C. voir dire D. de jure
C. voir dire
What is the tort in which one business seeks to interfere with the profits or market edge its competitor hopes to gain by entering into a contractual relationship? A. wrongful interference with a business relationship B. wrongful interference with a contractual relationship C. wrongful interference with a prospective business advantage D. wrongful interference with negotiations
C. wrongful interference with a prospective business advantage
Why is a defendant relieved of liability by a superseding cause? A. Because the intervening event eliminates the causation and the damage caused by the plaintiff B. Because the superseding cause is a foreseeable result of the defendant's actions C. Defendants are not relieved of liability by superseding causes. D. Because the second event breaks the causal connection between the defendant's act and the plaintiff's injuries
D. Because the second event breaks the causal connection between the defendant's act and the plaintiff's injuries
What is the role of an administrative law judge (ALJ)? A. An ALJ has no connection to the parties in the adjudication. B. An ALJ is selected by mutual agreement of the agency and the business involved. C. An ALJ has the final say on the decision in the case. D. Correct answer. An ALJ is an employee of the agency bringing the charges.
D. Correct answer. An ALJ is an employee of the agency bringing the charges.
Under the common law, which of the following is true? A. Congress is responsible for interpreting the common law. B. Judges are responsible for the creation of statutes. C. Judges may never deviate from established precedent. D. In a case of first impression, a judge may use persuasive authorities rather than precedents.
D. In a case of first impression, a judge may use persuasive authorities rather than precedents.
What must a plaintiff prove in an intentional tort case? A. Intent to cause the harm to the plaintiff. B. Transferred intent by the defendant. C. Motive to commit the harm. D. Intent to commit the act.
D. Intent to commit the act.
What must a plaintiff show to be awarded a quasi-contract in a lawsuit? A. The defendant agreed to compensate the plaintiff for the benefit received. B. The plaintiff received some benefit. C. The defendant expected to be paid. D. The defendant was unjustly enriched.
D. The defendant was unjustly enriched.
You have had a grudge against the owner of a local barbeque restaurant for years. You went to high school together, and he is always acting like he is better than you because even though you both own barbeque restaurants, his business seems to be more popular than yours. You come up with a plan to get back at him by spreading false rumors that his barbeque made a lot of people sick. That'll teach him! What do you think might happen if you go through with your plan? A. Nothing would happen, other than extreme satisfaction for you. B. The restaurant owner might try to sue you, but he would not be successful. C. The owner of the restaurant could sue you and you might have to apologize to him. D. The owner of the restaurant could sue you, and you may have to pay him money.
D. The owner of the restaurant could sue you, and you may have to pay him money.
How might a plaintiff's case be impacted if she can show that a defendant committed a tort in which the defendant exhibited bad faith? A. The plaintiff may be entitled to nominal damages. B. The plaintiff will be entitled to liquidated damages. C. The burden of proof will shift to the defendant. D. The plaintiff may be entitled to punitive damages or additional damages.
D. The plaintiff may be entitled to punitive damages or additional damages.
Which of the following is a true statement of the powers of a branch of the federal government? A. The power to interpret the U.S. Constitution is vested solely in the U.S. Supreme Court. B. The power to administer the laws is vested in the judicial branch. C. The federal court system is established by the U.S. Constitution without the involvement of any other branch of government. D. The power to enact laws is vested in the legislative branch.
D. The power to enact laws is vested in the legislative branch.
In contrast to federal courts, state courts have what kind of jurisdiction? A. appellate B. diversity C. original D. broad
D. broad
The principle of stare decisis does which of the following? A. ensures that no changes in the law ever take place B. uses statutory law to guide judges to the right decision C. requires the fact pattern of the current case to be exactly like the fact pattern of the precedent D. creates predictability in the legal system
D. creates predictability in the legal system
Which theory of jurisprudence holds that the written law of a government is the highest law? A. naturalism B. legal realism C. historicalism D. positivism
D. positivism
After all pleadings are filed and discovery is completed, a party may ask the judge to rule in their favor on the basis that there are no genuinely disputed facts and the judge need only rule on the law. The motion asks the court for a: A. judgment as a matter of law. B. judgment on the pleadings. C. default judgment. D. summary judgment.
D. summary judgment.
Historically, the common law developed from: A. the emergence of courts of law and courts of equity in seventeenth century France. B. the unification of local customs and laws in feudal England. C. the democratic creation of rules and laws in ancient Greece. D. the movement from religious to secular law in 15th century Europe.
D. the movement from religious to secular law in 15th century Europe.