Legal Test #2

Beth is injured in a car accident and sues Cash, alleging negligence. Cash claims that Beth was driving more carelessly than he was. Comparative negligence may reduce Beth's recovery a.even if Beth was only slightly at fault. b.only if Beth was as equally at fault as Cash. c.only if Beth was less at fault than Cash. d.only if Beth was more at fault than Cash.

A

Bob enlists the help of his son to buy a new car. On the way to test-drive several models, Bob tells his son, "I'm leaving this entire decision up to you except that you are not to spend over $20,000." At the Toyota dealer, Bob tells the salesperson, "I'm turning this whole decision over to my son, so deal with him even though it will be my car." Later, the son returns to the dealership and negotiates the purchase of a Toyota Camry for $21,500. What type of authority, if any, existed for the son to purchase this car? a.Apparent. b.Implied. c.Actual. d.Express.

A

Carolyn, a cashier at Tops Supermarkets, may cash checks for up to $20 over a purchase amount. A friend needs money for a dress so Carolyn cashes a check for $50 with no purchase. The check bounces. a.Carolyn is liable because she violated her duty of obedience. b.Carolyn is liable because she breached her duty to inform. c.Carolyn is not liable since she has apparent authority to take the check. d.Carolyn is not liable unless she knew her friend did not have the money in the bank.

A

Fundamental rights include all EXCEPT the right to :a. drive. b. vote. c. free speech. d. travel.

A

Ron is the business agent for Kansas Sunshine, a rock band. He is also the agent for another popular Midwestern rock group, City Sand. Ron negotiates a deal with a Kansas City promoter to have City Sand play after a professional football game. The promoter was willing to pay $250,000 for both groups to play after the game; however, Ron talked her into booking just City Sand for $175,000. Given his contract with City Sand, Ron made more money under this arrangement. Has Ron violated his fiduciary duty to Kansas Sunshine? a. Yes. It appears that Ron put his own interests ahead of his principal's interests. b. Yes. Ron cannot, under any circumstances, act as an agent for both groups. c. Both (a) and (b) are correct. d. Neither (a) nor (b) is correct since it is very common for rock band agents to represent several groups at the same time.

A

The doctrine that is applied when a defendant violates an existing statute intended to prevent the injury in question to persons of a class that includes the plaintiff is: a. Negligence per se. b. Res ipsa loquitur. c. Proximate cause statute. d. Concurrent statutory violation.

A

The power of federal courts to declare a statute or governmental action unconstitutional is called: a. judicial review. b. judicial activism. c. judicial restraint. d. judicial intervention.

A

Tina, speaking at a political rally for a candidate for Congress, stated that the current Representative was behind the times, was racist, and was crazy. Are her statements protected under the First Amendment to the Constitution? a. Yes. Political speech receives an especially high degree of protection. Such speech may not be barred even when it is offensive or outrageous as long as it is not intended and likely to create imminent lawless action. b. Yes. Political speech is protected no matter what the content because the Framers of the Constitution were primarily concerned with enabling democracy to function, and open political arguments are encouraged.. c. No. Speech that is offensive or outrageous cannot receive Constitutional protection. d. No. The First Amendment does not protect political speech.

A

When a principal is partially disclosed: a. both the agent and principal will be liable on the contract. b. only the agent can be liable on the contract. c. only the principal can be liable. d. the third party can recover the contract amount from either the principal or the agent, but not partial amounts from both.

A

Which of the following governs state efforts to regulate interstate commerce? a. The negative aspect of the Commerce Clause. b. The positive aspect of the Commerce Clause c. The Contract Clause. d. The Privileges and Immunities Clause.

A

A woman wishes to attend an all male, publicly supported college. She claims the college is violating the equal protection clause of the Constitution. What level of scrutiny will the court use when deciding this case? a. Minimal scrutiny. b. Intermediate scrutiny. c. Strict scrutiny. d. Compelling interest scrutiny.

B

All of the following are required to be proven in a negligence case except: a. The defendant owed a duty of care to the plaintiff. b. The defendant was aware of the consequences of his actions when they were done. c. The defendant breached the duty of care. d. The defendant was an actual cause of the injury to the plaintiff.

B

An Illinois state statute requires commercial vehicle drivers to "fully attend to the operation of the vehicle." Jerry, a driver for Crosstown Taxi Company, is driving and talking on his cell phone when his cab collides with Kayla's car, injuring her. Kayla's best theory for recovery against Jerry and Crosstown isa. a Good Samaritan statutes. b.negligence per se. c.res ipsa loquitur. d.the "danger invites rescue" doctrine.

B

An agency agreement automatically terminates in all but which of the following instances: a. the agent or the principal fails to obtain or keep a license necessary to perform the duties under the agency agreement. b. the principal is declared bankrupt .c. the principal dies. d. the agent violates the duty of loyalty.

B

Apparent authority can be best described as a situation where: a. The principal and agent undertake actions in accordance with their earlier agreement that one act as agent for the other. b. The principal has made representations to a third party that someone is to act as her agent. c. The agent has made representations to a third party that he is acting as an agent for another. d.The conduct of two parties indicates that they are acting in a principal and agent capacity.

B

Every year the Supreme Court receives about 8,000 requests to review cases. Of this number, the Court will hear about a. 10 b. 100. c. 200. d. 1,000.

B

Jack was fired by Larry but decided to try to win back his job as agent by getting a big new contract. He approached Sharon, a new client, and made a pitch to sell Larry's product. Sharon agreed to buy 100. Jack tells Larry. What are the legal consequences? a. Larry has to hire Jack again and then make the deal. b. Larry would have to ratify the deal to get the benefit of the contract. c. Larry would have to negotiate the deal with Sharon himself. d. Jack would forfeit his commission if Larry ratified the contract.

B

Nick sees Opal, a stranger, in peril, but does not attempt to rescue her. Opal could successfully sue Nick for a.negligence per se. b nothing. c.a violation of the "danger invites" rescue doctrine. d.a violation of a Good Samaritan statute.

B

Sarah goes to Marlin's Department Store to look for clothes. The store happens to be in the process of remodeling, and there is a lot of clutter in the aisle. Sarah trips over the clutter and is injured. Sarah's status with regard to the store is that of: a.licensee. b.invitee. c.trespasser. d.None of the above.

B

The Bill of Rights: a. refers to the inalienable rights found at the beginning of the Constitution. b. refers to the first ten amendments to the Constitution. c. refers to a specific listing of individual rights found in the original text of the Constitution. d. refers to a grouping of individual rights set forth by the United States Supreme Court shortly after the Constitution was ratified by the states.

B

The doctrine of respondeat superior: a. applies to a principal's liability for actions of both employees and independent contractors .b. applies to a principal's liability for actions of employees but not to actions of independent contractors. c. applies to a principal's liability for actions of independent contractors but not to actions of employees. d. does not apply to liability for actions of either employees or independent contractors.

B

The doctrine that shifts the burden of proof from the plaintiff to the defendant is: a. Negligence per se. b. Res ipsa loquitur. c. Apparent negligence. d. Good Samaritan.

B

The duty of loyalty is generally a duty of: a. The principal only. b. The agent only. c. Both the principal and agent. d. Neither the principal nor the agent.

B

A plaintiff sues in negligence but has no direct proof that the defendant behaved unreasonably. Which of the following is most likely to help the plaintiff? a. Res judicata. b. Stare decisis .c. Res ipsa loquitur. d. Subpoena duces tecum.

C

Dr. David Doright is a Professor at a state university. One day he has an argument with the president of the university over which team should win the next Super Bowl. The next day, Dr. Doright is fired for incompetence. He sues, claiming the firing is arbitrary and that he was denied an opportunity to respond to the charges. A.This is not a criminal case, so Dr. Doright has no right to a hearing. b.Dr. Doright appears to have been denied the equal protection of the law. c.The firing by a state university is state action involving a property right that would entitle Dr. Doright to a hearing and an opportunity to respond to the allegations against him. d.The U.S. Constitution does not apply to this case.

C

The best statement of the test applied in determining if a defendant was the proximate cause of the plaintiff's injuries is: a. Was it foreseeable to the plaintiff that the defendant would engage in this particular conduct? B. Given this particular injury to the plaintiff, was it foreseeable that the defendant was the cause? c. Should it have been foreseeable to the defendant that the defendant's conduct could lead to this kind of injury? d. Was the injury foreseeable to the plaintiff prior to the injury's occurrence?

C

The best statement of the test applied in determining if a defendant was the proximate cause of the plaintiff's injuries is: a.Was it foreseeable to the plaintiff that the defendant would engage in this particular conduct? b.Given this particular injury to the plaintiff, was it foreseeable that the defendant was the cause? c.Should it have been foreseeable to the defendant that the defendant's conduct could lead to this kind of injury? d.Was the injury foreseeable to the plaintiff prior to the injury's occurrence?

C

The government may regulate speech as to all EXCEPT: a. manner .b. time. c. content. d. place.

C

The requirement that a classification have a substantial relationship to an important governmental objective is known as the: a.rational relationship test. b.strict scrutiny test. c.intermediate test. d.Contract Clause.

C

Under merchant protection statutes: a. Reasonable grounds for detainment are necessary only if the period of detainment is long. b. The length of detainment is not relevant if there are reasonable grounds for detainment. c. Any investigations and the period of detainment must both be reasonable. d. Merchants do not have a duty to investigate suspected actions of the suspect because this is the duty of the police.

C

Which of the following statements about torts is correct? a. A tortious act is always a criminal act. b. A criminal act is always a tortious act. c. A tortious act may also be a criminal act. d. All the above are correct.

C

A driver stopped at a convenience store to run inside briefly. The driver left the engine running and forgot to set the parking brake. The car suddenly started rolling toward two small children, and Thomas, a bystander, pulled the two children out of the way of the rolling car. Thomas is injured in the process. Can Thomas recover from the driver of the car? a.Yes, because of the Good Samaritan rule. b.No, because of an intervening event. c.No, because of assumption of the risk. d.Yes, because the driver set up the dangerous situation.

D

A principal gives an agent express authority to "get his car running right." The authority that the agent has to enter into contracts for the purchase of auto parts is: a.Apparent authority. b.Authority by estoppel .c.Inherent authority. d.Implied authority.

D

Adam moved into an apartment complex. The rules of the complex prohibited unmarried men and women from living together in the same apartment. When Adam's friend, Diane, moved into the apartment he was served with eviction papers. Adam claims the apartment complex is violating his Constitutional rights since it allows married couples to live together. Is Adam right? a. Yes. His equal protection rights have been violated .b. No. His fundamental right of cohabitation has not been violated. c. Yes. He and Diane are being treated differently than married couples. d. No. Constitutional protections do not extend to privately owned apartment complexes.

D

Amber shops in a Breezy Bargains store, whose employee Connor recently mopped the floor. Amber slips, falls, and suffers an injury. Breezy is liable to Amber on a negligence theory if there was a "Wet Floor" warning sign and a.Amber cannot read it. b.Amber was distracted by other patrons. c.Amber was enticed by a nearby display. d.Connor did not place the sign near the wet floor.

D

An agency relationship can be created by: a. the conduct of the parties .b. an oral agreement. c. a written agreement .d. All the above are correct.

D

Apparent authority may arise in all but which of the following ways?a.The acts are customary of an agent in similar positions in an organization. b.The principal has acquiesced to prior similar transactions between the agent and the third party. c.The agent shows the third party a power of attorney from the principal authorizing the agent to enter such a transaction. d.An agent tells the third person she has the authority to transact such business on behalf of the principal.

D

If Oregon passed a statute that prohibited liquor stores from engaging in any kind of advertising, that statute: a. would be valid as an exercise of police power. b. would be valid, as alcohol is illegal for minors .c. would be invalid as a violation of the Commerce Clause. d. would be invalid as an unreasonable restriction of free speech.

D

Jane takes her car to Joe's Garage, leaving it there for repairs. Ted, one of Joe's employees, takes the car for a joy ride without Joe's permission. In fact, Joe has a very strict rule that his employees cannot drive customers' cars except to diagnose or test them. Ted crashes into another car, driven by Mary. Mary is injured and sues Jane, Ted, and Joe. Which of the following is true? a.Only Ted is liable. b.Only Jane and Ted are liable. c.Jane, Ted, and Joe are all liable. d.Only Ted and Joe are liable.

D

John is a white Haitian who has obtained U.S. citizenship. State X passes a law that all Haitianborn citizens must submit to AIDS testing. The courts will review this law based on: a.deference to the legislature as to whether such a classification of persons is constitutionally permissible. b.whether there is clear and convincing evidence that there is no reasonable basis for the legislation. c.the rational relationship test. d.the strict scrutiny test.

D

Leon files a suit against Moira, a medical doctor, alleging negligence. As a physician, Moira is held to the standard of a.a blameless individual. b a faultless ordinary person. c.a reliable professional. d.a reasonable physician.

D

Punitive damages: a. are awarded by a jury to restore the successful tort plaintiff to the position he was in before the defendant's conduct caused an injury. b. include money for a successful tort plaintiff's medical expenses proven by producing bills from doctors, hospitals, and therapists .c. include payment for a successful tort plaintiff's pain and suffering. d. are awarded only in the relatively few cases in which the defendant's conduct was extreme and outrageous.

D

State X passes legislation that requires that unless a mother of children under the age of 7 is found to be unfit, custody in divorce proceedings should be awarded to the mother and not the father. If this statute is challenged, the court will: a.not defer to the legislature and will independently determine whether such a classification of persons is constitutionally permissible. b.determine that fundamental rights and a suspect classification are involved in this legislation. c.only require that the legislation conceivably bear some rational relationship to a legitimate governmental interest. d.review the legislation to see if it bears a substantial relationship to an important governmental objective.

D

The United States Supreme Court has held that a state statute that discriminates against interstate commerce and isolates a state economically is unconstitutional. This concept illustrates: a. federalism. b. the undue burden concept. c. constitutional hierarchy. d. the dormant aspect of the Commerce Clause.

D

Tom, the production manager at Esday, was told by his supervisor to hire Elton, a 15- year-old, to operate an industrial machine. Hiring the 15-year-old violates the child labor laws. Tom: a.should hire Elton. Tom has a duty to obey Esday's instructions. b.should hire Elton. Tom has a duty of care to ensure that the government does not discover that Elton is 15 years old. c.should not hire Elton. Tom has a duty of care and he would not be caring for Elton. d.should not hire Elton. Tom has a duty to obey Esday's instructions only if they are not illegal or unethical.

D

Which of the following persons is an agent? a. Diane, a shoe salesperson for a retail store. b. Tim, a real estate broker for a large real estate company. c. Craig, a telephone marketing employee. d. All the above.

D

Gordy, a golfer of marginal ability, was playing a round of golf and was on the fairway of the fifteenth hole. Gordy was playing in a group of six, even though the golf course limited the maximum size of a group to four. Gordy hit his ball toward the green, but did not notice that a photographer had set up a camera on a tripod at the edge of the green. This photographer was nearby, but could not be seen from where Gordy stood. If Gordy had looked closely, he would have noticed the camera and the tripod. The photographer was on the golf course without permission of the golf course owner. When Gordy hit the ball, he yelled "fore," but the photographer took no action. Gordy's golf ball hit the camera and destroyed it. Which of the following is most likely correct if the photographer sues to recover from Gordy for the value of the camera? a. Gordy is negligent per se because he violated the rule of a maximum group size of four. b. Gordy cannot be held negligent because he yelled "fore." c .Gordy is not liable for the damage to the camera because such damage was not a foreseeable consequence of hitting a golf ball on a golf course. d .Gordy is not liable because the photographer was on the golf course without the permission of the golf course owner.

C

Jackie is an employee of Hardware Store, Inc. When attempting to open a can of bright orange paint, she accidentally spills paint on Maggie, a customer in the store. Maggie claims that her $800 business suit is ruined. The legal liability here can best be described as: a. The store is liable to Maggie, but Jackie is not. b. Jackie is liable to Maggie, but the store is not. c. Both the store and Jackie are liable to Maggie. d. Neither Jackie nor the store are liable to Maggie, as the incident was just an accident.

C

Judicial review can best be described as: a. a state supreme court's power to review lower state court decisions. b. the federal courts' power to hear criminal cases on appeal .c. the federal courts' power to examine, interpret, and even nullify actions taken by another branch of government. d. None of the above

C

Patrina hired Joel to sell her car. When a prospective buyer came to look at the car, Patrina commented that she wanted to get rid of the car because it was so big it was no fun to drive and it was hard to park. She also said none of her friends even wanted to ride with her because of the design of the car. The prospective buyer lost interest in the car, and Patrina blamed Joel for not trying harder to sell the car. Which duty was breached? a. Joel breached his duty to obey instructions. b. Joel breached his duty to provide information. c. Patrina breached her duty to cooperate. d. Patrina breached her duty to indemnify.

C

Patsy purchased one of the first houses in a new housing development. Due to rock just below the surface in the area, dynamite must be used to blast the rock in order to construct the basement for most of the homes in the development. Patsy's house was one of these. Several months after moving into her home, during blasting at a home a block away, Patsy noticed some new structural damage to her home. Assuming that these damages were, if fact, caused by the blasting, in a suit against the party doing the blasting: a.Patsy will win so long as she can show that she took precautions to prevent the damage. b.Patsy will win so long as the damages were foreseeable to the person doing the blasting. c.Patsy will win in any event. d.Patsy will lose because she assumed the risk by moving to a neighborhood in which she was aware that blasting would be required as other homes were being built.

C

Pedro hires Andrea to negotiate the purchase of a sailboat for Pedro. Andrea decides to buy from Sally a sailboat meeting Pedro's specifications. Andrea tells Sally that the purchase is really being made by Pedro, and Andrea and Sally sign a written contract, with Andrea signing on Pedro's behalf. Based on all this: a.Pedro is not liable on this contract but Andrea is liable. b.Neither Andrea nor Pedro can be held liable on this contract. c.Andrea is not liable on this contract but Pedro is liable. d.Either Andrea or Pedro could be held liable on this contract.

C

The Fourteenth Amendment's Equal Protection Clause "strict scrutiny" test will be used when: a. the classification affects an economic interest. b. the classification affects a person's right to drive. c. the classification differentiates on the basis of race. d. the classification affects a person's right to drink alcoholic beverages.

C