BLAW FINAL

It is no defense to the tort of trespass to real property that the intruder acted under the mistaken belief of law or fact that he was not trespassing. T/F

t

Promoters have a fiduciary relationship with the corporation T/F

t

The 5th and 14th amendments prohibit the federal and state governments, respectively, from depriving any person of life, liberty, or property without due process of law T/F

t

Commercial speech: A. would not include an advertisement for a service. B. must concern lawful activity and not be misleading in order to receive First Amendment protection. C. is more valuable than other varieties of speech. D. All of these.

B

Classifications based on age and sex are examples of "suspect classifications" in the context of the Equal Protection Clause. T/F

t

Federal courts have exclusive jurisdiction over bankruptcy, patent, trademark, and copyright cases T/F

t

In a state which has adopted modified comparative negligence, Bob negligently drives his automobile into Grace, who is crossing the street against the light. Grace sustains damage in the amount of $40,000.00 and sues Bob. If the jury determines that Bob's negligence contributed 75 percent to Grace's injury, and that Grace's own negligence contributed 25 percent to her injury, then Grace would recover __________________.

30,000 (or 75%)

Which amendment prohibits the government from depriving any person of life, liberty, or property without due process of law?

5th and 14th

Jason Love and his mother, Billye Ann Love, went into the Hardee's Restaurant in Arnold, Mississippi. When Jason went into the restroom, he slipped on water on the restroom floor. He fell backwards, hitting his head, and felt a shooting pain down his leg. As a result of his injuries, Jason was taken to a local hospital emergency room. He endured two back surgeries, missed substantial time from work, and suffered limitations on his physical activities. Jason would be considered to be a/an: A. Invitee. Hardee's Restaurant had the duty to exercise reasonable care to protect Jason against dangerous conditions, including any condition which Hardee's Restaurant would have been able to discover using reasonable care. Jason will probably recover for his damages. C. Trespasser. Hardee's Restaurant only had the duty not to intentionally cause Jason any harm. Jason will probably not recover any damages. C. Licensee. Hardee's Restaurant had the duty to warn Jason of a dangerous activity or condition which he would not be likely to discover on his own. Jason would be likely to discover the water on the bathroom floor on his own and he will probably not recover any damages. D. Very unlucky person (NO! Don't pick this answer --- even if it IS true).

A

a lead singer of a nationally known band A. is a "public figure" with respect to a defamation action against a newspaper. B. a "public official" with respect to a defamation action against a newspaper. C. may win a defamation case against the media if she can prove the media acted negligently in reporting an untruth about her. D. is not subject to the "actual malice" test in defamation actions against the press.

A (i think)

Which of the following is not a requirement of a Subchapter S corporation? A. It must be a domestic corporation. B. It must have no more than 50 shareholders. C. A corporation or partnership cannot be a shareholder. D. It may have only one class of stock.

B (no more than 100)

The U.S. Supreme Court: A. has only appellate jurisdiction, as the nation's highest tribunal. B. must accept for review any decision appealed under a writ of certiorari. C. has original jurisdiction over certain types of cases. D. hears most of its cases through an appeal by right.

C

The legislature may exercise control of administrative agencies in various ways. These are: A. through adjudicating cases brought against the agencies. B. through the power to appoint and remove chief administrators. C. by amending an enabling statute to increase, modify, or decrease an agency's authority. D. All of these.

C

Harris was awarded $4 million in damages in a malpractice case against Dr. Kelsoe. The doctor's attorney filed a motion for a new trial. The motion may be granted if: A. the damages are excessive. B. the verdict was against the weight of the evidence. C. the trial was unfair. D. All of these.

D

The federal courts have exclusive jurisdiction over: A. federal criminal prosecutions. B. trademark and copyright cases. C. issues involving state constitutions. D. Federal criminal prosecutions and trademark and copyright cases. E. Federal criminal prosecutions and issues involving state constitutions.

D

Even though a Plaintiff has voluntarily and knowingly assumed the risk of harm (usually by contract) arising from the negligent or reckless conduct of the Defendant, he/she can still recover for such harm. T/F

F

Political spending is not a form of protected speech under the First Amendment and the government may prevent corporations or unions from spending money to advocate the election or defeat of a candidate. T/f

F

Barry is swimming at Galveston Beach when he notices a child wading out into the water. He watches as the child goes further and further out, the waves beginning to engulf the child. Suddenly, the child begins to flail his arms and struggle to stay above the water. Barry has a dinner date and is concerned that he not be late as he knows this beauty will not wait for him if he is not on time. He decides not to help the child, nor does he notify anyone else that the child might drown. Barry was under no duty to act even though it was very clear to him that the child was in great peril. T/F

T

A Will entirely in the handwriting of the Testator or Testatrix will be a valid testamentary document even if the Will is not witnessed. T/F

T (holographic will)

In some circumstances, a person is held liable as a principal, even though no actual agency has been created. This is necessary to protect third parties who "justifiably rely on a reasonable belief that a person is an agent and who act on that belief to their detriment." This is called:

agency by estoppel

Tom Principal wishes to buy a piece of property. Fearing that the owners will ask more money from him than they would ask from a stranger due to his ownership of the adjacent property, he asks that his friend, Eric, act as his agent in the matter. The owners of the property are never informed that Eric is acting on behalf of a third party and they complete the sale to Eric, never knowing of the interest of anyone else in the contract until after the sale is consummated. In this set of circumstances, Eric would be a/an:

agent

If an agent is appointed under a durable power of attorney, the authority of the agent survives, or is triggered by, the incapacity of the principal. T/F

t

An example of private law is: A. Business law B. Administrative law C. criminal law D. All of these

a

The invasion of a person's right to privacy consists of which of the following: A. All of these could be found to be an invasion of privacy B. Unreasonable intrusion on the seclusion of another person C. Unreasonable public disclosure of private facts D. Unreasonable publicity that places another in a false light in the public eye E. Appropriation of a person's name or likeness

a

The law establishes a test for determining whether a partnership has been formed. The test includes which of the following? A. An association of two or more persons. B. Conducting a business not necessarily for profit. C. That the partnership agreement is filed with the Secretary of State. D. The sharing of gross returns.

a

Which of the following is correct with regard to the powers of government in the United States? A. The federal government is a government of enumerated powers. B. the federal government is all-powerful except in cases of state criminal law. C. Legislation enacted by Congress does not need to be based on a specific power granted to the federal government by the Constitution. E. Congress may not enact legislation that affects the states.

a

Which of the following is not descriptive of the law? A. It is always prohibitory. B. It is pervasive. C. It may be permissive. D. It is regulatory.

a

The Texas Commission on Environmental Quality (TCEQ) would like to adopt some new rules regarding environmental impact statements, but it is afraid that if too many people know about them ahead of time, the adverse publicity will force the agency to amend them. To avoid any public comment, the agency seeks to adopt the rules without publishing them. Which of the following statements is true regarding the agency's actions? A. The agency has a right to act in this way and a duty to be efficient with taxpayer money. B. The rules in this instance are procedural in nature and therefore are not required to be published. C. the agency is seeking to adopt the rules by a procedure that violates the rulemaking procedures set forth in the APA. D. The agency has no rulemaking authority, because only Congress can make legislative rules.

a ( i think )

The party who files an appeal

appellant

At the ___________________, a Defendant is brought before the trial court, where he is informed of the charge against him and where he enters his plea.

arraignment

Terry Nichols, after enduring years of teasing from his neighbor, George Jeffreys, pulls out a gun and aims it in George's direction. George truly believes that Terry possesses both the ability and the intention to harm him. Even though Terry never pulls the trigger or otherwise causes George any physical harm, he could still found to have committed the intentional tort of _____________________.

assault

A Will must comply with certain formalities to be valid. A Will must be in writing and the Testator or Testatrix must sign the Will. A written Will must also be ____________ by witnesses.

attested

Courts of equity: A. have remained separate court systems in nearly every jurisdiction in the United States. B. ordinarily do not involve juries. C. in all cases recognized new rights that were not enforceable at common law. D. All of these statements apply to courts of equity.

b

In which of the following ways does a state constitution differ from the U.S. Constitution? A. State constitutions are often more restrictive of rights than the U.S. Constitution. B. A state constitution can guarantee rights beyond those provided in the U.S. Constitution. C. A state constitution is generally amended less frequently than the U.S. Constitution. D. State constitutions tend to be more general than the U.S. Constitution.

b

Which of the following is NOT an advantage of a partnership? A. Partners' income taxes may be less than the income taxes would be on a corporation. B. Each partner has limited liability. C. It is possible to bring together more managerial skills than in a sole proprietorship. D. It is possible to bring together more capital than in a sole proprietorship.

b

Which of the following is NOT an objective or purpose of tort law? A. to compensate persons who sustain harm or loss resulting from another's conduct B. to punish those who do wrong C. to prevent future harm and losses D. to place the cost of compensation on those parties who should bear it

b

Which of the following is not ordinarily a part of a reported opinion? A. The essential facts. B. The names of the attorneys representing the parties. C. What pleadings are material to the issues. D. The application of legal principles involved in the case.

b

If a driver of an automobile intentionally runs over a person, she has committed the intentional tort of: A. false imprisonment B. attempted murder C. battery D. assault

b/c

Jack and Jill went up a hill to fetch a pail of water. As they walked, they discussed Jill's feeling that Jack had been a bit too friendly with her friend, Bo Peep. Rather than make any type of apology, Jack instead replied in a manner which caused Jill to become angry. As they started down the hill, Jill pushed Jack from behind, causing him to tumble down the hill and bump his head on a rock. Jill has committed the intentional tort of _________ against Jack.

battery

Andrew, a real estate developer, offered Ed, the mayor of Magictown, a 10 percent interest in Andrew's planned commercial development if Ed would use his influence to have the development pass smoothly though the approval process. Andrew could be guilty of criminal __________________.

bribery

A widely applied test for causation in fact is the ________________ test in which it is determined that a person's conduct is a cause of an event if the event would not have occurred without the person's negligent conduct.

but for

Edward Smith is a professor at Southwestern State University. One day he has an argument with the president of the University over the current political administration. The next day, he is fired for incompetence. He sues, claiming the firing is arbitrary and that he was denied an opportunity to respond to the charges. In this case: A. Edward Smith has no right to a hearing because this is not a criminal case. B. Edward Smith 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 Edward Smitht to a hearing and an opportunity to respond to the allegations against him. D. the U.S. Constitution does not apply.

c

Karen and Carla are both residents of Iowa, but they have a dispute regarding some land located in Kansas. Karen gives Carla reasonable notice that she is filing a lawsuit in Kansas regarding the land and Carla objects, claiming the Kansas courts have no jurisdiction. In this case: A. only the Iowa courts can hear the case. B. the Iowa federal district court can hear the case based on diversity of citizenship. C. the Kansas courts have in rem jurisdiction to adjudicate the claim regarding the property. D. the Kansas federal district court can hear the case based upon diversity of citizenship.

c

Which of the following is NOT a characteristic of the corporate form of doing business? A. Limited liability. B. Perpetual existence. C. Informal organization. D. Transferability of corporate shares.

c

Which of the following may a U.S. Court of Appeals not do in ruling on a case? A. Reverse or modify the judgment of the lower court. B. Remand or send it back to the lower court. C. Rehear the case by taking testimony of the witnesses. D. Modify the judgment of the lower court.

c

the power of the state to tax is limited by _______________

commerce clause/import-export clause/due process of fourteenth

_______________________________ is defined as conduct on the part of the Plaintiff that falls below the standard to which he should conform for his own protection and that is a legal cause of the Plaintiff's harm.

contributory negligence

Intent, as used in tort law, does not require a hostile or evil motive. Rather, it means that the actor desires to cause the consequences of his act or that he believes the consequences are almost certain to result from it. T/F

t

the doctrine of stare decisis means

courts adhere to previous rulings

Ellen, George, and Freda agree to put in $1,000 each to set up a shelter for lost animals. They each work two days a week. Donations fund the day-to-day operations. Do they have a partnership? A. Yes, since each has control of the operation. B. Yes, because they are all co-equals in ownership of the shelter. C. No, because they have made no formal agreement. D. No, because there is no business for profit.

d

Most states have adopted long-arm statutes to expand their jurisdiction. Under such statutes, nonresident defendants may be served if they: A. have committed a tort (civil wrong) within the state. B. own property within the state and that property is the subject of the lawsuit. C. are the subject of the lawsuit. D. all of the above. E. none of the above.

d

The Bill of Rights: A) serves as a major restriction on the powers and authority of the federal government. B) does not apply directly to the states, but the Supreme Court has held that the Fourteenth Amendment makes many of its principles applicable to the states. C)consists of ten amendments. D) All of these are correct.

d

The sources of law in the American legal system include which of the following? a. State administrative regulations b. Executive orders c. Ordinances d. All of the above. e. (b) and (c), but not (a) or (d).

d

Which of the following may influence a promoter to choose to incorporate in a particular state? A. Corporate laws. B. State government that is business-friendly, efficient, and accessible. C. the state court system. D. All of these.

d

judicial review extends to: A. legislation B. acts of executive branch C. decisions of inferior courts D. All of the above

d

a corporation formed in substantial compliance with the incorporation statute and the required organizational procedures is a ____________

de jure corporation

Jerry Wright, an account representative for Swift Marketing, an advertising agency, was dismissed from his employment. The reason given by his employers for his dismissal was that he was not generating enough income from clients. Subsequently, despite what he believed to be positive interviews, he was unable to procure other employment. In speaking to persons with whom he had interviewed to no avail, he was told that representatives of Swift Marketing were stating that he was disruptive, untrustworthy, hostile, and had stolen funds from client accounts. If Jerry Wright files suit against Swift Marketing, he would allege the intentional tort of:

defamation

Owners and possessors of animals, except for dogs and cats, are subject to _____________ for any physical harm their animals cause by trespassing on the property of another.

strict liability

Angela innocently drives her car into Fred, rendering him unconscious. Angela panics and leaves Fred lying in the middle of the road, where he is run over by a second car driven by Doris. Angela is liable to Fred for the additional injuries inflicted by Doris as she had a duty to exercise reasonable care to minimize the harm to him. T/F

t

the procedural stage of a lawsuit after the pleadings but before the trial is the___________

discover stage

A transfer of property by Will is invalidated by __________ if a person threatened to perform or did perform a wrongful act that coerced the Testator into making a transfer that the Testator would not otherwise have made.

duress

Assume a foreign nation has seized all of the property of an American corporation. The nation has assumed ownership of the property for a public purpose and has paid the American corporation what it believes to be fair compensation. Under these facts, the seizure of property is best described as:

expropriation

__________________ is generally held to be the making of threats for the purpose of obtaining money or property.

extortion

A partner can withdraw his partnership capital at any time. T/F

f

The establish the tort of trespress, the plaintiff must prove that his/her property was heavily damages by the alleged intruder. T/F

f

The supreme court has defined the scope of the commerce clause narrowly, and, therefore, has restricted the powers of the federal government to regulate business T/F

f

Under the RUPA, a partner violates the duty of loyalty if the conduct furthers the partner's own interest. T/F

f

sole proprietors have limited liability for the sole proprietorship's debt T/F

f

The tort of _______________________ is the act of intentionally confining a person against her will within fixed boundaries if the person is conscious of the confinement or harmed by it

false imprisonment

because defamation involves a communication, the protection of the _________________ amendment applies

first

Because the statute of frauds does not apply expressly to a contract for the formation of a partnership, usually no writing is required to create the relationship. T/F

t

Sue Peters was on a railroad station platform buying a ticket with a train stopped at the station. As it departed, two men ran to catch it. One of these men began to fall and a guard on the platform pushed him from behind. In the process, a small package was knocked out of his arms. The package contained fireworks (!) and these fell onto the rail. They exploded and a shock from the explosion knocked over a scale which landed on the Plaintiff, Mrs. Peters, who sued for injuries which she sustained. The Court found that she was not able to recover because the railroad, although negligent as to the man carrying the package, was not negligent as to her. This is most likely because tort law does not impose liability on a Defendant for all harm factually caused by the Defendant's negligent conduct. In this case, the harm sustained was beyond the risk posed by the negligent actions of the railroad and, therefore, the harm to Ms. Peters was not ___________________.

foreseeable

_______________ is the intentional falsification or false making of a document with the intent to defraud.

forgery

Brittany McPherson, in order to sell a tract of land which she had inherited from her grandparents, tells Judy Jones, a potential buyer, that the tract is located in an area where drilling for oil will commence in the near future. Brittany knows this is not true and made this statement only to convince Judy to purchase the property. If Judy does indeed buy the tract, Brittany could be found to be liable for the intentional tort of _________________.

fraudulent misrepresentation

Eric O'Grady and his wife, Lorie, are the owners of a very large Great Dane dog, Shelby, whom they rescued as a puppy. At the time, they had no idea that this cute puppy would grow to weigh over 120 pounds and be almost four feet tall! Shelby is a sweet animal with a wonderful disposition. She has never bitten anyone. One evening, Eric and Lorie O'Grady invite several of their friends to a dinner party. A child named Lauren is among the group of those who are invited to the O'Grady home. Shelby, who hardly ever sees any children, became so very excited that she jumped up onto Lauren, who was knocked to the floor. As a result of this fall to the floor, Lauren suffered a cut on her head, requiring stitches. Which of the following is correct? A. The O'Gradys would not be found to be liable if they informed visitors that Shelby might jump on people. B. The O'Gradys could be sued for negligence, but they could not be held to be strictly liable. C. If Shelby had instead bitten Lauren, the O'Gradys would be found to be liable even though they had no reason to believe Shelby had that tendency. D. The O'Gradys knew that their dog, Shelby, could be dangerous due to her size and propensity to jump on people. They are, therefore, strictly liable for the harm to Lauren.

idk

jurisdiction of a court over a party to a lawsuit is

in personam

which equal protection test is applied to cases based on gender and legitimacy?

intermediate test

Property not effectively disposed of before death or by Will passes in accordance with the law of _________________.

intestate succession

Pyrotechnics, Inc. was contracted to conduct a fireworks display at the Fourth of July celebration in Dallas, Texas. During this display, a shell ignited and discharged, exploding into a crowd of onlookers. A number of people were injured and there was also property damage to the nearby building. Under the doctrine of ________________, Pyrotechnics, Inc. will be liable for the injuries and damages.

strict liability (abnormally dangerous activities)

"A pervasive instrument of social control whose function is to regulate, within certain limitations, human conduct and human relations."

law

a ______________ is an unincorporated business association consisting of at least one general partner and at least one limited partner

limited partnership

A Testator possesses the _________________________ to make a Will if he understands that he is executing a document that will dispose of his property after death, is capable of remembering the property that is subject to his disposition and the persons related to him by blood and affection, and has sufficient intellect to enable him to have a decided and rational desire as to the disposition of his property.

mental capacity

A reasonable person standard of conduct may be established by legislation or administrative regulation. If a statute is found to impose civil liability upon a violator, the great majority of courts will hold that an unexcused violation constitutes ____________________________.

negligence per se

A principal has the right to control the conduct of an agent with respect to the matters entrusted to the agent. this right to control continues through the entire duration of the agency relationship. R/F

t

A public figure who brings a defamation suit against a news paper which prints false story about her must prove actual malice to win the suit. T/F

t

An employer will be held liable for sexual harassment committed by one of its employees if it does not take immediate action when it knows or should have known of the harassment. T/F

t

To obtain a warrant to search a particular person, place, or thing, a law enforcement official must demonstrate to a magistrate that he has ________________________ to believe that the search will reveal evidence of criminal activity.

probable cause

the main purpose of the bill of rights was to

provide restrictions on the federal government

___________________ is the confirmation or affirmance by one person of a prior unauthorized act performed by another who (1) is his agent, or (b) purports to be his agent.

ratification

The _________ is a fictitious individual who is always careful and prudent and never negligent

reasonable person

A rule of circumstantial evidence that permits a jury to infer both negligent conduct and causation from the mere occurrence of certain types of events. For example, if a large piece of plaster falls from the ceiling of a motel room rented to a patron. In the absence of other evidence, the jury may infer that the harm resulted from the negligence of the owner of the motel in permitting the plaster to become defective. This rule of evidence is called:

res ipsa loquitur (the thing speaks for itself)

In the defense of defamation, absolute privilege, which protects the Defendant regardless of his/her motive or intent, only applies to one family member. This member of a family would be the Defendant's_________

spouse

if private entities engage in public functions, constitutional guarantees such as free speech and due process may apply their actions under the _______ doctrine.

state action

Under the doctrine of modified comparative negligence, the Plaintiff recovers as in pure comparative negligence unless her contributory negligence was equal to or greater than that of the Defendant. In that case, the Plaintiff would recover nothing from the Defendant. T/F

t

When a class action is permitted, the group files the lawsuit with a representative plaintiff, called the "named plaintiff" or "lead plaintiff" T/F

t

a court needs to have BOTH subject matter jurisdiction and jurisdiction over the parties involved before it can hear a case T/F

t

What term refers to the entire set of activities in which an administrative agency engages?

the administrative process

Jacob Carrizal, the admitted leader of the Dallas chapter of the Bandidos motorcycle club, is arrested after a shootout at the Twin Peaks Restaurant in Waco, Texas, in which nine people were killed and at least twenty others were injured. His attorney seeks to move his client's felony case from McLennan County because of "pervasive, prejudicial, and inflammatory" publicity about the unique case. His attorney is asking for change in _________

venue

_____________________ liability is liability imposed upon one person for the acts of another. This liability applies to employers when their employees commit authorized criminal acts.

vicarious

one the ________ amendment applies to the actions of private indiviuals

thirteenth