FINA 2294 All Exams Review

The 1966 Supreme Court opinion relating to the Miranda rights holds that a person must be advised of their rights:

Before the commencement of a custodian interrogation

Consideration is defined as something of value or something bargained for in exchange for a promise. Normally, if consideration is absent:

Consideration is defined as something of value or something bargained for in exchange for a promise. Normally, if consideration is absent:

The part of the Constitution that gives Congress the authority to make laws to carry out powers granted to Congress in the Constitution is the:

Necessary and Proper Clause

Federal judges are nominated by:

The President

he statute of limitations on felony crimes in North Carolina is:

There is no statute of limitations on felonies in North Carolina

When a party to a contract does not perform as required, there is:

a breach of contract

A defendant must file a responsive pleading to a complaint filed by a plaintiff. The defendant may file which of the following:

a counterclaim, a motion to dismiss, an answer

he most common way in which to transfer ownership interests in property is through:

a deed

A quitclaim deed is:

a deed of conveyance that passes whatever interests the grantor had in the property

Federal courts have the judicial power to hear cases involving:

a federal question, a dispute between a citizen and a foreign citizen, a dispute between two states, a case involving a treaty

A trust is a(n):

a form of property ownership created by the common law that separtates the legal and beneficial ownership of property

For the police to use a warrant to search for evidence they think may exist that is relevant to a suspected criminal act:

a judge must issue a warrant based on probable cause

Statutory law is:

a law enacted by a legislative body

Anna transfers, to her mother Mildred, the right to use Anna's second home so long as Mildred is alive. This is known as:

a life estate

The complaint filed by plaintiff contains:

a statement of the remedy the plaintiff is seeking, a short statement of the facts necessary to show that plaintiff may be entitled to a remedy, a statement alleging the facts necessary for the court to take jurisdiction, the names of the parties

Original jurisdiction means power to:

accept a lawsuit, try it, and pass judgment

The Constitution was amended almost immediately to ensure that there was:

adequate protection for individual rights

If Julia is accused of robbing a bank and she has witnesses testify that she was having her nails done at the time the robbery took place then she is using a(n):

alibi

Tort law can be classified as:

all of the above choices

Some contracts must be in writing and signed to be enforceable. Contracts that are covered by the statute of frauds include:

all of the other choices

The parole evidence rule prohibits the introduction of oral evidence into a lawsuit where the evidence presented is contrary to the terms of a written contract. Parole evidence may be introduced when:

all of the other choices

In Lamson v. Crater Lake Motors, in which a car sales employee who felt that the sales tactics of the company were unethical and was fired after he refused to cooperate sued the company for wrongful discharge, the appeals court found that Lamson had no case because:

all of the other specific choices

To establish the legal requirement of intent for an intentional tort:

all of the other specific choices

An effective acceptance must be:

all of the other specific choices are correct

Under the old common law concept of ad chelom, it was presumed that an owner of land acquired:

all rights to an estate including everything from the center of the earth to the heights of the heavens

The Environmental Protection Agency is an example of:

an administrative agency

A judicial system that requires parties to represent themselves and argue their positions before a neutral court is referred to as:

an adversarial system of justice

Cary allows Kail to access his land locked property by using a road that cuts across Cary's land. Kail paid Cary $1000 for the use of the road and can use it whenever he wants. This arrangement is generally known as:

an easement

The tort of trespass to land requires:

an unauthorized intrusion onto the property of another

A contract can be discharged by:

any of the other specific choices

State judges:

are elected in partisan (party) elections in some states, are appointed by the governor in some sates, are elected in non-partisan (no party affiliation) in some states, are selected by the legislature in some states

If the consumer knows the risks associated with the use of the product and still chooses to use it he is:

assuming the risk and thus relieving the manufacturer of liability

Taken together, the Necessary and Proper Clause and the Commerce Clause, provides justification for:

broad Congressional regulation of business

In Davis v. Baugh Industrial Contractors, the traditional common law rule prevented a party who accepted a completed construction project from later suing the contractor for flaws in construction that caused injury to other. In reviewing such a case, the Washington state high court held that the rule was not sensible in modern times and would be dropped. This is an example of how:

common law can adapt to changing circumstances

In Wassell v. Adams the plaintiff was 97% responsible for the attack she suffered in a hotel room. As a result, the jury awarded her 3% $850,000 verdict, or $25,500. This action reflects which of the following legal doctrines?

comparative negligence

Ginger attacks Richard and cuts him with a knife. He sues Ginger. The jury awards Richard $50,000 for medical expenses and lost time at work and adds $100,000 to the award because Ginger was so vicious. The $50,000 is called:

compensatory damages

Rights of literary property as recognized by law are:

copyrights

Which of the following is true about the federal appeals courts?

courts of appeals usually assign three-judge panels to review decisions of district courts

n Hinson v. N&W Construction, where Hinson submitted the low bid to N&W for plumbing work to be part of a larger construction project by N&W, but then refused to do the work when construction was started by N&W, the court held that Hinson's bid:

created liability on promissory estoppel, so he was liable for the extra costs incurred by N&W

The United States Constitution:

created the three branches of government

In McCulloch v. Maryland, the Supreme Court held:

creation of a national bank was constitutional under the Necessary and Proper Clause

The owner of a lost dog posts notices that she will pay $200 for its return. Someone who does not know about the reward finds the dog and returns it. The owner;

does not have to pay the reward because the offer was not communicated to the person who found the dog

Roberta says, "Susan, I will sell you my car for $5,000." Susan says, "I'll give you $4,500." Roberta says "No." Later Susan calls Roberta and says, "I have $5,000 and want the car." Roberta:

does not have to sell the car due to the counteroffer, which is a rejection

Cause in fact is established by:

evidence showing that a defendant's action or inaction is the actual cause of an injury that would not have occurred but for the defendant's behavior

The US Constitution created these branches of federal government

executive, legislative and judicial

The most common form of real property ownership that gives exclusive possession to a particular piece of land for an indefinite time is:

fee simple

The Bill of Rights is the:

first ten amendments of the U.S. Constitution

Following a trial's opening statements, the plaintiff:

goes first since he has the burden of proving that his arguments are correct

If the U.S. Supreme Court accepts a case on appeal it:

grants a writ of certiorari

The law of product liability is primarily concerned with:

harms suffered by buyers and other person who use defective products

Ethics, in the context of business practitioners:

has to do with rules or standards governing the conduct of members of a profession and how standards are put into action within an organization

A major advantage of the use of precedent in law for businesses is that they will:

have reasonable expectations about the enforcement of agreements

Making marijuana illegal in the United States and alcohol illegal in Saudi Arabia are both examples of:

how governments can use law to enforce different social norms

If property that is located in a state becomes the subject matter of a lawsuit, the power of a court in that state to resolve disputes concerning the property is called:

in rem jurisdiction

In a criminal case, if evidence is not gathered properly, such as by a search that violates Fourth Amendment rights, then at trial that evidence is:

inadmissible at trial under the exclusionary rule

An individual with an express or implied invitation to enter the premises of someone else is owed the highest duty of care. These individuals are known as:

invitees

At most trials, after the parties present their closing arguments, the:

judge instructs the jury on the law; the jury applies the law to the facts it determines

In an orderly society, law and the legal system help to:

maintain the important values of society, influence the behavior of members of society, provide a way for important social changes to take effect, resolve disputes

Which of the following is not a necessary element of defamation:

mental distress suffered by the victim of the statements

When a plaintiff files a suit against a defendant, plaintiff:

must give notice to the defendanty by service of process

You leave your poodle at a new grooming shop and tell them to wash the dog--a$30 service. They do that and also paint the poodle's nails and tie ribbons in his hair--these services are an extra $10. You pay them for the wash. What about the extra $10 in services?

no contract for these services existed, no extra payment

The doctrine of judicial immunity means judges may:

not be sued for damages that result from their judicial acts

A manufacturing defect is one which:

occured during the manufacturing stage and for which the consumer will be compensated

The basic elements of a contract include:

offer, acceptance, consideration and mutual assent

The discovery stage in the trial process is intended for the:

parties to obtain information about the facts before the trial starts

A grant from the government conveying to and securing for an inventor the exclusive right to make, use, and sell an invention is a:

patent

Which is the correct order of stages for a typical lawsuit:

pleadings, discovery, pretrial, trial, appeals

Criminal law is:

primarily made up of statues passed by Congress and state legislatures.

Before being controversially struck down by the Supreme Court in the Citizens United case, the McCain-Feingold Act:

prohibited for-profit and non-profit corporations and unions from broadcasting "electioneering communication"

A major purpose of tort law is to:

provide compensation for injured parties by wrongdoers

Enforcement of law in a society is important because it:

provides some predictability and uniformity to the boundaries of acceptable conduct

The reasonable person standard compares the actions of the wrongdoer/tortfeasor with those of a hypothetical person known as the reasonable person. The reasonable person:

represents a standard of how persons in the relevant community ought to behave

The use of legal precedent, or the use of prior decisions as guidance in disputes that occur later, is called:

stare decisis

The constitutional requirement that governments must give just compensation for property taken for public use is known as:

takings clause

The part of the Constitution that probably has the largest impact on business is known as:

the Commerce Clause

Most cases involving questions of federal law originate in:

the U.S. district courts

If the government can prove beyond a reasonable doubt that 1) the accused committed the illegal act, and 2) that there was necessary intent or state of mind to commit the act then:

the accused will be convicted of the crime

Personal jurisdiction over the person of the defendant is achieved when:

the defendant is served with a copy of the complaint

Regulatory takings cases indicate that:

the destruction of property value must be almost complete for compensation to be due

The principal distinction between assault and battery is:

the difference between the requirements of apprehension of an offensive physical contact and of actual physical contact

The elements of the tort of intentional interference with contractual relations include:

the existnece of a contractual relationship between the injured business and another party, intentional interference with the contractual relationship, the wrongdoer's knowledge of the contractual relationship between the injured business and another party

Contract law governs the enforceability of:

the legal relationship that consist of the rights and duties of the agreeing parties growing out of promises

Proper venue refers to:

the proper place where a lawsuit is heard

The Constitution intends for the judiciary to have significant independence from the other parts of the government as part of:

the system of checks and balances

Depositions, written interrogatories, orders for production of documents and request for admissions are all examples of:

the tools of discovery

The United States Constitution divides governmental power to prevent:

the tyranny the founders experienced under King George III

Which is not a necessary element of negligence?

the wrongdoer's actions were motivated by malice

If someone is very drunk and then, only because of their drunkenness, cause a fatal accident:

there can be a crime because there was criminal negligence

In the American court system:

there is a federal system and a similar system of trial and appeals courts in each state

The purpose of allowing federal jurisdiction when a dispute arises between citizens of different states is:

to provide a neutral forum for handling such disputes

A commercial symbol that a manufacturer prints on its goods so they can be readily identified in the marketplace is a(n):

trademark

To help stimulate jobs in its wine industry, New York does not tax New York wines but taxes other wines $1 per bottle. This tax is:

unconstitutional because it violates the Commerce Clause

Which of the following is not needed to establish the tort of intentional misrepresentation or fraud:

use of force by the defendant

Once established, assumption of risk:

usually bars the plaintiff from recovery, even if the defendant was negligent

The process by which judges or attorneys ask jurors questions to determine whether a prospective juror is likely to be so biased that he or she could not reach a fair decision based on the evidence presented is called:

voir dire

In Kelo v. City of New London, Conn., where the city forced people to sell their houses so there could be a new large project build, the Supreme Court held that hte forced sale:

was legitimate even if the city sold the property to a private party

In Palsgraf v. Long Island Railroad, where Palsgraf was hit by machinery that fell when an explosion occurred at a train station, and she sued the railroad for negligence, the New York high court held that the railroad:

was not liabile because of a lack of proximate cause

Negligence torts are based on the idea that:

we have a duty to conduct ourselves in all situations so as not to create an unreasonable risk of harm or injury to others

Which is not an element for an offer to be effective:

willingness to accept consideration

The commerce clause of the Constitution gives Congress the power to regulate trade:

with foreign nations and among the states