CP Final - Part 1
Which of the following refers to a crime usually carrying a penalty of more than one year's incarceration?
Felony
Which amendments contain due process clauses?
Fifth, Fourteenth
The most common way for someone to perfect a security interest is to do which of the following?
File a financing statement with the proper state agency
Ad hoc
For a special purpose; not for general application
Ab initio
From the beginning
A priori
From the cause to the effect
Examples of special damages include all of the following except _______.
Future lost wages
Article 1 of the UCC
General provisions
Which of the following best describes the kind of rules that many states have regarding the liability of one who provides emergency medical assistance to another?
Good Samaritan statutes
Local, state, and federal governments may be entitled to use _____ as a defense in a negligence cause of action?
Governmental immunity
Pursuant to Rule 8(a) of the Federal Rules of Civil Procedure, in order to bring an action in federal court, the plaintiff must file a complaint with all but which of the following?
Grounds alleging a constitutional violation
Mens rea
Guilty mind
People have a right to counsel in each of the following situations except _____.
Having a blood sample taken
Tabitha is suing G. Cravitz. She has a younger brother, Adam. Tabitha wants to use Adam to serve the summons and complaint on G. Cravitz. Adam will qualify as someone is able to serve a summons and complaint in federal court if he meets which of the following requirements? Select all that apply.
He must be 18 years old. He may not be a party to the lawsuit.
_____ is an out-of-court statement made by someone other than the witness testifying.
Hearsay
Which of the following activities is generally not considered an abnormally dangerous activity for the purposes of determining strict liability?
Household use of natural gas
When a defendant responds to the complaint, she may do all but which of the following?
If the defendant does not respond, the defendant's silence is deemed a denial of the plaintiff's allegations.
Which of the following is a true statement about actual cause?
If the plaintiff would not have been injured but for the defendant's negligent conduct, the negligent conduct is an actual cause of the injury.
Which of the following is not a defense to a crime based upon mental capacity?
Ignorance of the law
Non sequitur
Illogical or does not follow
Rule 12(b) motions include all but which of the following?
Improper domicile
Alibi
In another place; elsewhere
Eddie lives in Goldsboro, NC and has a boat docked in North Myrtle Beach, SC. Joe lives in Berkley, SC, and is contracted to maintain Eddie's boat in good condition. After a contractual dispute between Eddie and Joe regarding the maintenance and upkeep of the boat, Joe files suit against Eddie in Horry County (North Myrtle Beach is in Horry County). Under what form of jurisdiction may Horry County exercise jurisdiction, if any?
In rem jurisdiction
The primary differences between tort law and contract law include which of the following?
In tort law, duties to other parties are initiated by the law while in contract law, the duties to other parties are determined by the parties' consent.
Which of the following is not an example of product liability?
Inadequate warranty pursuant to the Magnuson-Moss Act
Joinder
Inclusion in the lawsuit of a third party, not presently a party to the lawsuit, who is or may be responsible for the harm suffered
Battery
Inflicting offensive contact
IPO stands for what?
Initial Public Offering
An arraignment is which of the following?
Initial appearance
Which of the following characteristics is not needed In order for something to be considered chattel?
Intangible property
To be successful in a claim for battery, which of the following must be present?
Intent to make contact
When a defendant takes an action intending certain consequences to occur or knowing that those consequences are likely to resort, this type of tort has occurred?
Intentional
What tort results when a defendants acts in an outrageous and purposeful manner that is likely to cause another to suffer extreme emotional distress?
Intentional infliction of emotional distress
Malfeasance
Intentionally wrong or harmful conduct
Persons with claims that may expose the plaintiff to double or multiple liability may be joined as defendants and required to _____.
Interplead
Basic pleadings include all but which of the following?
Interrogatories
Which of the following statements is accurate regarding treasury stock?
It has no voting rights.
According to Rule 4(a)(1) of the Federal Rules of Civil Procedure, when the plaintiff serves the defendant, the summons should include all but which of the following pieces of information?
It should include the assigned judge's signature.
Not being able to sue a judge for a perceived bad ruling is known as what kind of immunity?
Judicial immunity
All but which of the following is considered a defense to an intentional tort?
Jurisdictional
All but which of the following is not considered a defense in a negligence cause of action?
Last clear opportunity
The United States Supreme Court has exclusive original jurisdiction over all but which of the following types of cases?
Lawsuits involving bankruptcy
According to Rule 4(e) of the Federal Rules of Civil Procedure, proper service of process on an individual can occur by all but which of the following methods?
Leaving copies of the summons and complaint at the individual's dwelling with anyone who answers the door
Which of the following areas is not an appropriate area to impose strict liability?
Liability of parents for acts of their minor children
LLC
Limited Liability Company
All but which of the following are examples of bonds that a corporation may issue?
Limited bond
To frequent trespassers who use only a limited area of their land, possessors owe what duty of care to those trespassers?
Limited duty of care
The initials LLC stand for what?
Limited liability company
Sallie's husband was injured in a bad car wreck approximately six months ago. Sallie claims that her husband can no longer mow the lawn and help around the house. Sallie is making a claim for which of the following?
Loss of consortium
Authorized
Maximum number of shares of stock set in the corporation
Which of the following is not an example of general damages?
Medical bills
nonfeasance
Mere failure to take action
Quorum
Minimum number of represented interest needed to conduct business
The right to remain silent came from which of the following cases?
Miranda v. Arizona
All but which of the following is considered a defense to an intentional tort?
Mistake
As in contract law, a plaintiff is also required under tort law to lessen her damages. What is the term used for lessening one's damages?
Mitigation
Damages
Monetary remedies
If a complaint is vague, unclear, or lacks sufficient detail such that the defendant cannot reasonably prepare an answer, the defendant may make which of the following motions?
Motion for a More Definite Statement
According to FRCP 12, when a defendant initially responds to a complaint, she may file all but which of the pre-answer motions?
Motion for judgment on the pleadings
Which of the following motions resolves evidentiary questions?
Motion in limine
Motion to compel
Motion seeking the opposing party's cooperation and compliance in responding to discovery requests
Motion for protective order
Motion which asks the court to determine whether certain information must be disclosed in discovery
Motion for sanctions
Motion which requests the court to impose a penalty against a non-compliant party
Discovery includes all but which of the following?
Motions
Which of the following statements regarding motions is incorrect?
Motions may be filed only before the trial has begun.
The transferred-intent doctrine intent is applicable to all but which of the following torts?
Negligence
What tort occurs when the defendants acts in a manner that exposes another to an unreasonable risk of harm?
Negligence
Intentional torts against a person include all but which of the following?
Negligent infliction of emotional distress
Which of the following is not considered part of employment law?
Negligent overtime
Article 3 of the UCC
Negotiable Instruments
Which of the following statements best describes "no fault" car insurance?
No fault car insurance allows your personal insurer (not the person who hit you [tortfeasor]) to pay the claim regardless of who is at fault for the incident.
In which of the following pleas does the defendant refuse to contest the charges?
Nolo contendere
A small amount of damages given to a plaintiff to demonstrate the plaintiff was correct but suffered no compensable damages is known as what type of damages?
Nominal
Which of the following statements is not true regarding nonprofit corporations?
Nonprofit corporations may not earn a profit.
The FRCP require that a claimant set out a short and plain statement of the claim that gives the defendant fair notice of what the plaintiff's claim is and the grounds upon which it rests. This type of pleading is called _____.
Notice pleading
Which of the following forms of pleading operate under the Federal Rules of Civil Procedure?
Notice pleading
Non obstante verdicto
Notwithstanding the verdict
Issued
Number of shares of stock allowed to be sold
If someone does not pay a judgment as required, which of the following methods to seize property is not allowed under Rule 64?
Offering for sale goods of the losing party
Publicly-held business
One that allows the sale of stock to the general public
Callable bond
One the issuing entity may redeem before its maturity date
Trespasser
One the possessor must refrain from intentionally harming
Invitee
One to whom a duty to inspect for hidden dangers is owed
Licensee
One to whom a duty to warn of dangerous conditions is owed
Promoter
One who arranges financing, leases, licenses, etc. during the creation process of a corporation
Known trespasser
One who can be elevated to level of licensee
Hostile witness
One who does not cooperate with the party who called her to testify.
Lay witness
One who has personal knowledge about the matter before the court
Inside director
One who is an officer or employee of a corporation
Outside director
One who is not an officer or employee of the corporation
Expert witness
One who is qualified by education, training, or experience to render an opinion based on a set of facts
Fiduciary
One who owes a duty of trust and confidence to another
Officer
One who participates in managing the day-to-day business of a corporation
Director
One who participates in managing the overall strategy and business decisions of a business
Fact witness
One who testifies about facts based upon her observation
Registered agent
One who. among other responsibilities, accepts certificates of service on behalf of a corporation
Most corporations require a quorum to be present in order to conduct business. Generally, a quorum is present when shareholders representing _____ percent or more of outstanding shares are present.
One-half
The _____ is a brief speech made by the attorneys for each party that explains an outline of the case, the dispute between the parties, and what may happen as the case is tried.
Opening statements
Unaffiliated directors
Outside directors who do not have business contacts with the corporation
Affiliated director
Outside directors who have business contacts with the corporation
Stocks
Ownership securities
Which of the following statements about Professional Corporations is correct?
PCs protect you from liability for malpractice claims filed against your associates.
Rule 34 provides that any party may request any other party to produce all but which of the following?
Parties for medical exams
All but which of the following are true regarding the establishment of a general partnership?
Partnership agreements must be in writing.
Which of the following statements regarding S-corporations is/are true?
Partnerships are not allowed to be shareholders. Nonresident aliens may not be shareholders. Only one class of stock is allowed.
If a defendant is liable for conversion, that defendant must _____.
Pay the full market value of the goods converted
Sally owns 500 shares of Fix-it Corporation. At the annual shareholders' meeting, five directors are to be elected. Fix-It Corporation has cumulative voting for shareholders. If Sally wishes to exercise her cumulative voting rights, what is the largest number of votes she can cast for any one director?
2,500
Unless an exception applies, according to the Federal Rules of Civil Procedure, a defendant must respond to a complaint within _____ days of being served.
21
Under FRCP 13, the defendant may assert a counterclaim. If the plaintiff denies the allegations of the counterclaim, she must respond:
21 days from the date of service
Pursuant to Rule 12 of the Federal Rules of Civil Procedure, an answer to a counterclaim or a crossclaim must be filed within _____ days, while a reply to an answer must be served within _____ days after the court issues an order to reply.
21, 21
Under Rule 33, FRCP, a party may serve no more than _____ written interrogatories including all discrete subparts on any other party.
25
Unless otherwise stipulated or ordered by the court, a party may serve no more than _____ written interrogatories.
25 including subparts
If a party wishes to file a notice of appeal, that party must do so within _____ days of final judgment being entered.
30
Regarding interrogatories, the responding party has ___ days to respond, and the number of interrogatories (including subparts) is limited to _____.
30/25
Rule _____ allows a motion for summary judgment.
56
To save cost and expense of service, the plaintiff may send the defendant a waiver of service. If a defendant waives service, she has _____ days to respond to the complaint.
60
According to FRCP 4(m), the plaintiff must serve the defendant with process within _____ days of filing the complaint.
90
In federal district court cases, once the complaint if filed and the clerk issues the summons, the plaintiff has _____ days to arrange for service of process before the action may be dismissed without prejudice.
90
Presume a party has an expert witness who is required to give a report. Absent a stipulation or court order, that party must disclose its expert witness's report _____ days before trial.
90
If the plaintiff does not file the summons and complaint on the defendant within _____ days after the complaint is filed with the court, then the court must _____,
90/dismiss the case without prejudice against the defendant.
Convertible bond
A bond that may be exchanged for a predetermined equity security
Closely-held
A business that restricts the transfer of its stock
Diversity jurisdiction in federal court is proper in three of the following scenarios. Which scenario is diversity jurisdiction not appropriate?
A case involving a federal question (including a Constitutional question)
In a takeover bid, which of the following terms is used to describe an offer to pay the targeted shareholders cash for their shares?
A cash tender offer
Regarding publicly traded corporations and close corporations, which of the following statements is true?
A close corporation may restrict the transfer of its stock.
Regarding the negligent infliction of emotional distress, a bystander case is best described as one in which _____.
A close family member witnesses or arrives immediately on the scene of an accident where another family member has been injured or killed by the defendant's negligence.
Bill drafted a legal document that contained a statement of jurisdiction, his claim, and the relief sought. What document did Bill draft?
A complaint
Public
A corporation created to help administer a government objective
Alien
A corporation incorporated in another country
Foreign
A corporation incorporated in another state
Double taxation occurs when _____.
A corporation pays tax on its profits and then distributes that profit to its shareholders as dividends.
Which of the following statements is not true regarding corporations?
A corporations may not sue in its name but rather the individual directors must bring suit.
Arrest warrant
A court order which authorizes the arrest of a person.
Bench warrant
A court order which is issued that authorizes the arrest of a person for failure to appear in court or for some other contempt of court issue.
Mary and Ann Marie are in a hurry - they are so excited to start their new business. Ann Marie is in charge of filling out the statutory paperwork. She misses a couple of blanks and files the paperwork anyway. She figures that she can file an amended document later; however, one year later no amended document has been filed. Mary and Ann Marie have been operating as a corporation this entire time. What type of corporation may they have?
A de facto corporation
A debenture is which of the following?
A debenture is usually an unsecured corporate obligation.
Which of the following statements best describes the "eggshell skull rule"?
A defendant is liable for the plaintiff's unforeseeable and uncommon reactions to the defendant's negligent or intentional tort including those injuries stemming from any peculiar characteristics of the plaintiff.
Plea
A defendant's answer to a criminal charge
Which of the following is an element of strict liability?
A duty to avoid harm
To properly effect service of process on a defendant, the plaintiff must provide the defendant with all but which of the following documents?
A form specified in Rule 4 of the Federal Rules of Civil Procedure that the defendant must sign
Booking
A formal record of a suspect's arrest
Settlement brochure
A formal statement of the plaintiff's case presented to support the plaintiff's position in settlement negotiation
Arraignment
A hearing at which the accused pleads guilty or not guilty
Excited utterance
A hearsay exception in which the declarant makes a statement about a startling event
Rule 10, FRCP requires each of the following regarding the form of pleadings except _____.
A later pleading may not refer to an earlier pleading unless the earlier pleading is attached to the later pleading.
Under Rule 17 of the Federal Rules of Civil Procedure, a claim must be brought by a real party in interest. All but which of the following may sue in their own names without joining the person for whose benefit the action is brought?
A lawyer
Which of the following statements is false regarding an LLC?
A member of an LLC maintains limited personal liability in all instances.
Rule 35 requires a court order before exercising which of the following discovery devices?
A mental or physical exam of a party
The rule against double jeopardy bars a second trial in which of the following circumstances?
A mistrial results from prosecutorial misconduct.
Each of the following is an example of a preliminary motion except _____.
A motion asserting failure to grant sanctions
In tort actions, some motions are discovery related. One of these types of motions is _____.
A motion to compel
A 501(c)(3) organization is what type of organization?
A nonprofit organization
Regarding a partner's liability in a general partnership, which of the following statements is most accurate?
A partner has joint and several liability for all partnership debt unless the partnership agreement states otherwise.
With regard to producing ESI, a party must do all but which of the following?
A party must produce the same electronically stored information in each form that it is maintained.
Pursuant to Rule 45(c), FRCP, the place for compliance with a subpoena may be all but which of the following locations?
A person may be commanded to appear at a trial, hearing, or deposition, if the person lives, works, or regularly conducts business within 150 miles.
Which of the following is a correct statement about a possessor's duty to an invitee?
A possessor may have an obligation to take steps to reduce the danger even if an invitee is aware of and appreciates the dangers involved.
Redirect examination of a witness during trial may occur in which of the following situations?
A redirect examination occurs when the offering party examines the witness after the opposing side has cross examined that witness.
Which of the following appears on the reverse side of the summons document?
A service affidavit
If a corporation has suffered a loss due to the actions of another person or business and the company does not bring suit, the shareholders have that corporation generally have a right to bring what kind of lawsuit?
A shareholder's derivative suit
If someone has special training in a particular area, that person is held to what standard of care?
A specialist's standard of care
A violation of which of the following will not allow a victim to file a Section 1983 action against a law enforcement officer?
A state constitution
A complaint in tort law must contain all but which of the following?
A statement of the punishment desired
In a negligence cause of action, a defendant is most likely considered liable in all but which of the following situations?
A superseding cause occurred
Domestic public documents
A type of self-authenticating document
Which of the following statements about a voting trust is not correct?
A voting trust is a contract between two or more shareholders concerning the way in which their shares will be voted.
Secundum
According to
Causation in fact
Actual cause
The "Substantial Factor" Rule is a test to determine which of the following?
Actual cause
_____ is the physical act or omission of a crime while _____ is the guilty state of mind.
Actus reas; mens rea
Which of the following are the two basic elements of a crime?
Actus reus and mens rea
A party may move for summary judgment pursuant to Rule 56, FRCP at all but which of the following times?
After the plaintiff has stated her case at trial
At which point in the criminal justice process does the responsibility for the case move from the police to the prosecutor?
After the suspect's arrest
Which of the following is not one of the four elements of a negligence tort?
Agreement
Allison owns 500 shares of cumulative preferred stock in Poppies, Inc. Alex owns 500 shares of common stock in Poppies, Inc. Both cumulative preferred and common stock earn a quarterly dividend of $.30/share ($150 quarterly dividend for each). In February, May, and August, Poppies, Inc. was unable to pay dividends to all shareholders. In February, Allison received her standard dividend, and Alex received nothing. In May and August, neither Allison nor Alex received any dividends. In November, Poppies, Inc. was again prepared to pay dividends. What must happen in order for Alex to receive a dividend in November?
Allison must receive her dividends from May and August.
All but which of the following is a condition allowing a possessor to be found liable to trespassing children?
Because of their youth, children are considered to act reasonably under the circumstances.
Regarding an assault, the plaintiff must be aware of the contact when?
Before contact occurs
Courts have a preference for original writings, recordings, and photographs to be preserved and used for evidence. This preference is also known as the _____.
Best Evidence Rule
Which of the following is the standard by which the prosecution must prove guilt in a criminal trial?
Beyond a reasonable doubt
Corpus juris
Body of law
But-for
Broadest test for causation
In most corporations, the members of the board of directors are chosen by which of the following methods?
By a vote of the shareholders at the annual meeting
Concurrent
Cases where the federal and state court both have subject matter and personal jurisdiction.
Which of the following statements best describes a secured transaction?
Catherine buys a car using dealer financing. She uses her car as collateral for the loan.
Intervening cause
Cause that contributes to the plaintiff's injury
Superseding cause
Cause that precludes defendant's liability
Which of the following statements is true regarding children in negligence causes of action?
Children are not held to the same standard as an adult when considering one's behavior in causing an injury to another.
The Federal Tort Claims Act allows people to do what?
Citizens may sue the federal government for torts committed by people acting on behalf of the federal government.
The FRCP apply to which of the following actions?
Civil actions
Tort
Civil wrong
Ad damnum
Claim for damages
Permissive counterclaim
Claims against the plaintiff that do not arise from the same event but, in the interests of justice, make sense to include with the defendant's answer.
Mandatory counterclaim
Claims that arise from the same event which must be included in the answer to the complaint or the defendant loses the right to bring them
Cross claim
Claims that one defendant may have against another defendant
Counterclaim
Claims the defendant has against the plaintiff
Which of the following is not protected under the Federal Rules of Evidence?
Client communications with third parties
Which type of corporation does not offer stock for purchase to the general public?
Close
Which of the following defenses was created as an alternative to contributory negligence?
Comparative negligence
Third-party complaint
Complaint filed against a third party by one of the original parties to the lawsuit, which alleges the third party is liable for part or all of the claim or counterclaim
Substantial-factor
Concurrent cause test
Infliction of emotional distress
Conduct exceeding all bounds of decency
False imprisonment
Confinement
If a defendant is sentenced to four five-year jail terms and is is set to serve 20 years in prison, how was his sentence to be served?
Consecutively
All but which of the following statement regarding consent as a defense in an intentional tort case is true?
Consent is valid under all circumstances.
All but which of the following are types of immunities that may be used as a defense in a tort case?
Contractual
All but which of the following acts is not considered an exception to the Federal Tort Claims Act?
Contributory negligence
Which of the following statements about contributory negligence is accurate?
Contributory negligence is a complete bar to plaintiff's recovery.
_____ occurs when the defendant permanently removes the plaintiff's property from the owner's possession and control.
Conversion
The intentional interference with property includes all but which of the following?
Converter
The reasonable-person standard is the measure used in a negligence cause of action when evaluating the defendant's conduct. When determining if the defendant acted reasonably under the circumstances, the reasonable-person standard takes into account all of the following elements EXCEPT_____.
Course of dealing
In rem jurisdiction
Court's jurisdiction to hear a case because of jurisdiction over the property of the lawsuit
Limited jurisdiction
Courts authorized to hear certain types of disputes such as bankruptcy
Which of the following statements regarding The Restatement of the Law of Torts is true?
Courts frequently cite The Restate of the Law of Torts.
Courts of record
Courts in which the testimony and evidence presented are recorded and preserved
Assault
Creating fear of harmful contact
When a defendant raises a claim against a co-party, it is called a _____.
Cross-claim
Shareholders who receive the preferred dividend from the current quarter and all past dividends before the common shareholders receive a dividend typically holds what kind of stock?
Cumulative preferred
Daffy and Bugs form a partnership. Daffy contributes $20,000 to the partnership, and Bugs contributes 30,000 pounds of carrots having a value of $10,000. At year's end, there is a profit of $15,000. No agreement was made between the parties for distribution of the profits. How much will each partner receive?
Daffy will receive $7500, and Bugs will receive $7500.
General damages
Damages related to the injury sustained that cannot be calculated with any particular formula or accuracy
Which of the following is not required for the tort of conversion to have occurred?
Damaging a possession of the plaintiff
When cases are appealed, the appellate court will base its decision on which of the following?
De novo on the record
Bonds
Debt securities
Courtney owns 200 shares of CrossCom stock. The current price is $10/share. The company declares a 2-for-1 ____, and now Courtney has 400 shares of stock worth a total of $2000. What did the company do?
Declare a stock split
Third-party plaintiff
Defendant who intends to file a complaint against a third party
When a defendant appears at an arraignment, she has the opportunity to enter all but which of the following pleas?
Demurrer
All but which of the following is considered an affirmative defense in a civil cause of action?
Denial of allegation
Of the discovery methods, which one of the following may be used with regard to someone who is not a party to the litigation?
Deposition
Which of the following statements regarding the use of depositions during trial proceedings is incorrect?
Depositions may not be used at trial as they are used exclusively as discovery tools.
Intent
Desire to attain a certain result
Which of the following defenses may be used to demonstrate the inability to form specific criminal intent?
Diminished capacity
Rule 26, FRCP contains general provisions regarding which of the following?
Discovery
While the right to a speedy trial is not set for a specified time, the violation of a defendant's right to a speedy trial can result in which of the following?
Dismissal of charges
If a corporation decides to close its business voluntarily, it must go through two basic phases. What are those phases?
Dissolution and liquidation
Dividends
Distribution of corporate profits
Consent judgment
Document filed with the court to terminate a lawsuit by entering a judgment against the defendant
Stipulation
Document filed with the court to terminate the lawsuit signed by all the parties to the lawsuit
Pleadings
Documents filed to commence and respond to a lawsuit
Regarding pretrial conferences, the court may order sanctions in all but which of the following scenarios?
Does not have the client in attendance
Alexander purchases stock in USC Corp. Alexander receives dividends on his stock in USC Corp. As a result, Alexander pays taxes on the dividends he receives, and USC Corp. pays taxes on the profits it earns. Which of the following terms best describes this tax scenario?
Double taxation
Allison is a promoter for a business to be incorporated. The name of the soon-to-be business is QuaxFax, Inc. As the promoter, Allison is responsible for all of the following tasks except _______.
Drafting the bylaws of the new business
Rachel and Cori form a partnership. Rachel contributes $75,000 to the partnership, and Cory contributes $25,000. At the end of the first year, the business realizes a profit of $10,000. Because no agreement concerning distribution of profits was made, how much will each partner receive?
Each partner will receive $5000.
Rule 10 requires that pleadings be in a certain form - including a caption. The form of the caption includes all of the following except _____
Each pleading filed must contain the name of all the parties.
The Constitutional provision barring excessive bail is found in the _____ Amendment.
Eighth
Cumulative voting is a term that applies in which of the following situations?
Election of directors
Documentary evidence
Electronic recordings or data compilation
Within the realm of discovery, ESI stands for what?
Electronically Stored Information
Settlements
Ending a lawsuit by agreement, usually with the exchange of money
When a corporation seeks to raise money, it may issue securities that represent ownership in the corporation. These types of securities are known as what type?
Equity/Stock
Corpus delicti
Essence of the crime
Per stirpes
Estate left via branches of a family rather than by individuals
Unless otherwise stated in the rules, all but which of the following papers must be served on every party to the action?
Every written motion
Malfeasance
Evil doing
Courts may sanction a party for different types of discovery misconduct including all but which of the following?
Failing to disclose an expert witness
Default
Failure to file a timely response whether to a motion or an answer
For which of the following acts is a director most likely to be found personally liable?
Failure to supervise the president's actions
Past tense and passive voice are terms that can be used interchangeably.
False
The following sentence is in the past tense: The dog's toy is taken away by the cat.
False
A corporation's officers derive their express authority to act from all of the following except _____.
Peincorporation contracts
Rule 13, FRCP permits a defendant to assert a counterclaim. This counterclaim may be ______ or _____.
Permissive or compulsory
Which of the following issues is waived if it is not raised immediately by the defendant in the federal civil action?
Personal jurisdiction
If a corporation is inadequately capitalized when it is formed, the owners commingle corporate and personal funds, and the owners attempt to commit fraud through the corporation, a court may do which of the following such that the shareholders (owners) may be held personally liable for the debts of the business?
Pierce the corporate veil
Locus delicti
Place of the crime
Plaintiff has a personal injury case and has retained attorney Rudy Cohen. Cohen misses the applicable statute of limitation against the defendant, and the plaintiff's claim is barred. Plaintiff sues Rudy for legal malpractice. Which of the following is the most likely result?
Plaintiff must prove that but for Rudy's negligence, plaintiff would have been successful in plaintiff's case against the original defendant.
Before trial, a party may amend its pleadings as a matter of course in all of the following circumstances except _____?
Pleadings may only be amended upon leave of the court.
Fact pleading
Pleadings required to include all relevant facts in support of claims asserted
Notice pleading
Pleadings required to include sufficient facts to put the parties on notice of the claims asserted against them
Jurisdiction
Power of courts to hear disputes and impose a resolution on the litigants
General jurisdiction
Power of the court to hear all types of matters provided the dispute does not fall within a specific jurisdiction of a particular court
When current stockholders have a preference to purchase newly issued shares of stock up to the percentage of ownership that current shareholder has, this preference is known as _____.
Preemptive rights
What is the burden of proof standard in a tort case?
Preponderance of the evidence
Priscilla is a passenger in a motor vehicle driven by Alex. A collision involving two other vehicles occurs, one driven by Barnabas and one driven by Chloe. The jury awards Priscilla $250,000.00 and apportions causal negligence as follows: a. Alex 10% b. Barnabas 40% c. Chloe 50% What happens in a jurisdiction that has adopted joint and several liability?
Priscilla can recover the full $250,000.00 from Alex if she so chooses.
PC
Professional corporation
PC stands for what in a business context?
Professional corporation
Retained earnings
Profits kept by a corporation for reinvestment
Which of the following is a vice offense?
Prostitution
Which of the following rights or protections is not found in the Sixth Amendment?
Protection from double jeopardy
Legal cause
Proximate cause
Compensatory damages must be all but which of the following?
Punitive
Which of the following is not a type of liability that a defendant may have in a tort action?
Punitive
What is a PMSI?
Purchase Money Security Interest
Catherine and Agnes had a car wreck. Catherine hit Agnes from behind causing $2000 in damage to Agnes's car. Agnes sued Catherine, and Catherine used the defense of comparative negligence. She claimed that Agnes had the last clear chance to stop and did not. The jury determined that Agnes was 80% at fault for the wreck and returned a verdict awarding her $400 in damages. What type of comparative negligence does this scenario describe?
Pure comparative negligence was used here.
Motive
Reason for wanting a certain result
Regarding a negligence cause of action, the defendant needs to prove that she acted _____ under the circumstances.
Reasonably
Nunc pro tunc
Refers to a retroactive action by the court
_____ of the outcome, you did a superb job.
Regardless
Probation
Release of a convicted person, without prior confinement, on condition of good behavior for a specified period of time.
Recidivist
Repeat offender
Which of the following is considered a pleading?
Reply
Motion
Request for a court to rule in favor of the moving party
Select each proper form of discovery permitted under the Federal Rules of Civil Procedure.
Requests for admissions. Written interrogatories. Permission to enter upon land or property of another for inspection. production of documents or things. Depositions. Physical and mental examinations.
Wanda is walking down the street when a barrel comes flying out of a second story window and injures her. Mike was attempting to role the barrel down a hallway for storage. No one witnessed Mike rolling the barrel down the hallway. Wanda may try to sue Mike based on which of the following doctrines?
Res ipsa loquitur
Reply
Response of a party against whom a counterclaim or cross claim is asserted
Jus tertii
Right of a third party
Which of the following rules allows motions regarding "failure to state a claim upon which relief can be granted"?
Rule 12(b)(6), FRCP
Which Federal Rule of Civil Procedure contains the general rules governing discovery?
Rule 26
If a person fails to answer interrogatories within the time specified, which rule of the Federal Rules of Civil Procedure provides the remedy for this failure?
Rule 37
One's right to a jury trial is found in the Seventh Amendment to the United States Constitution. Rule _____ of the Federal Rules of Civil Procedure sets forth the procedure to be followed when requesting a jury trial.
Rule 38
Which rule concerns a motion for summary judgment?
Rule 56
Which federal rule lists the affirmative defenses that a defendant can raise?
Rule 8
Reverse
Ruling of an appellate court that disagrees with the outcome of a trial and finds that error was made
Article 2 of the UCC
Sale of goods
When calculating deadlines, which of the following days will not be included in the calculation.
Saturdays, Sundays, and holidays are all included in the calculation.
Section 1244 stock is best described as which of the following?
Section 1244 stock is a stock market loss that allows you to claim losses from the sale of stock in a small company as a regular loss rather than a capital loss.
Article 9 of the UCC
Secured Transactions
The SEC is the _____.
Securities and Exchange Commission
Under Article 9 of the Uniform Commercial Code, when a debtor borrows money, frequently a written agreement is made. It must be signed by the debtor and sufficiently describe the collateral such that the collateral can be reasonably identified should the debtor default on the loan. With this agreement, the creditor has a written record signed by the debtor that describes the collateral. The creditor may then seize the collateral. What type of agreement has been described here?
Security agreement
The doctrine in which people cannot be forced to respond to questions where the answers may indicate they committed a crime is known as what?
Self-incrimination
Which of the following statements best describes concurrent liability?
Separate negligent acts of two or more defendants combine to cause injury to plaintiff.
In order for a subpoena to be valid, it must have all but which of the following?
Set out the text of Rule 26(e)
Which Constitutional amendment preserves to the plaintiff the right to a jury trial?
Seventh
When a defendant responds to the complaint, she may do all but which of the following?
She may request a continuance due to her being out of town.
Which of the following is not among the duties of the director?
Sign contracts on behalf of the corporation
Typically, at an annual meeting, what vote is required to pass most issues?
Simple majority
The _____ Amendment to the U.S. Constitution allows the defendant to present witnesses on her behalf and to examine the witnesses against her.
Sixth
Which of the following business entities typically provides the most flexibility in terms of management policy?
Sole proprietorship
_____ are the most common form of business in the United States.
Sole proprietorships
Settlement offer
Specific amount defendant may offer to settle the case
Settlement demand
Specific amount plaintiff may demand to settle the case, often the starting point in settlement negotiations
In crimes of conspiracy, which of the following statements is not true?
Spouses cannot commit conspiracy because they are married.
Which of the following may be a shareholder of a sub-chapter S corporation? Select all that apply.
Spouses. Resident aliens
Hearsay is defined as an out-of-court statement offered to prove the truth of what it is asserting. The hearsay rule prohibits introducing these statements as evidence at trial. The Federal Rules of Evidence (Rule 803) lists several exceptions to the hearsay rule. Which of the following is not an exception to the hearsay rule?
Statement made to third party
Watered
Stock sold for less than its par value
Which of the following statements is true regarding stock splits and stock dividends?
Stock splits and stock dividends both increase the total number of outstanding shares without distributing corporate assets.
Preferred
Stock with extra rights
Common
Stock with no extra rights
All but which of the following are considered intentional torts?
Strict liability
Which of the following statements regarding strict liability is correct?
Strict liability requires no proof of intention or negligence.
Which of the following statements is true regarding strict liability?
Strict liability requires no showing of negligence nor intent.
Rule 8, FRCP lists many affirmative defenses. Three of the four below are on that list. Which defense below is not considered an affirmative defense pursuant to Rule 8?
Sua sponte
If the organizers of a small corporation anticipate losses during the first two or three years of operation, which of the following options will provide the best tax treatment for shareholders in the usual situation?
Sub-chapter S election
A defendant may never waive this type of jurisdiction?
Subject matter
Which of the following statements is accurate regarding a security agreement and after-acquired property?
Subject to a few exceptions, a security agreement may provide for a security interest in after-acquired property.
Which of the following defines the factual elements of a criminal offense?
Substantive criminal law
Which of the following is not considered an example of the tort of invasion of privacy?
Taking someone else's idea and submitting a patent for it
Demonstrative evidence
Tangible item such as photograph
Phillip is playing dodgeball and throws the ball at Graham but misses Graham. Ted, who is not a part of the game, gets hit by Phillip's thrown ball and suffers a concussion. What is the most likely result?
Ted may sue Phillip for battery because Phillip's intent to hit Graham was transferred to Ted.
If a police officer has reasonable suspicion that someone is armed and engaged or about to be engaged in committing a crime, that reasonable suspicion may justify a _____.
Terry stop.
In order for someone to bring a section 1983 cause of action against a law enforcement officer, the individual must prove which of the following?
That a right guaranteed by federal law or the Constitution has been violated
When an accused person is called to appear before a grand jury, that person may do which of the following?
That person may invoke her Fifth Amendment protection against self-incrimination.
Sixth
The Amendment that allows the defendant to confront witnesses against her
Fourteenth
The Amendment that applies the Bill of Rights (applicable to federal government) to the states
Eighth
The Amendment that prohibits cruel and unusual punishment
Fifth
The Amendment that prohibits double jeopardy
SOX (Sarbanes-Oxley Act of 2002) created which of the following organizations?
The Public Company Accounting and Oversight Board
Tortfeasance
The act of doing wrong
Which of the following statements best describes an attractive nuisance?
The benefit of maintaining a dangerous condition must be minimal compared with the risk posed to the children for the doctrine to apply.
Which of the following is not a reason someone chooses to bring suit in federal district court?
The case involves state, local, federal, and general jurisdiction.
A discovery request must be signed by all but which of the following people?
The clerk of court
All of the statements below are examples of what a reasonable person must know. Which of the following statements is not an example of what a reasonable person must know?
The reasonable knows precisely how others will react in typical scenarios as all people are considered to act reasonably under the circumstances.
When a case is appealed, the appellate court will base its decision on which of the following?
The record of the lower court
Which of the following statements concerning the rescue doctrine is correct?
The rescue doctrine is based on the premise that the rescuer would not have been injured if not for the negligence of the tortfeasor.
Jus ad rem
The right to a thing
All but which of the following are included in someone's Miranda rights?
The right to resources to hire private counsel
Daniel, Varun, and Kevin form a partnership to operate the sandwich franchise. The partnership realizes a profit in the first year of operation. Under general partnership rules and assuming that all profit is distributed to the partners, what amount will each party receive?
The same amount as all other partners
Larceny
The secretive and wrongful taking of property
Regarding secured transactions, for a purchase-money security interest (PMSI) to arise, which of the following must take place?
The seller of the collateral retains a security interest in the collateral to secure part or all of the purchase price.
Burglary
The unlawful entry of a building with the intent to commit a felony
Theft
The unlawful taking of property without force or fear
Harry and Ron form a partnership. Ron decides to get married and wishes to sell his partnership interest to his brothers. Ron's brothers are now entitled to which of the following?
The value of Ron's partnership interest
When a defendant violates a statute, she is negligent per se if which of the following occurs?
The violation of the statute has a causal link between the defendant's act and the plaintiff's injury.
Intentional torts against property include all but which of the following?
Theft
Which of the elements of interrogatories are not required in federal court?
They may be addressed to all expert witnesses.
Third-party defendant
Third party against whom a complaint is prepared, filed, and served along with a summons
Select the answer below which correctly corresponds to the following sentence: The defendant was acquitted by the jury while the plaintiff was taken into custody by the bailiff.
This sentence is past tense and passive voice.
Affirmative defense
Those legal theories asserted by the defendant which bar the plaintiff's claim
Rule 26, FRCP requires mandatory disclosure by parties of certain information. The purposes served by this disclosure does not include which of the following?
To gain information about each party's legal arguments
Commute
To substitute a lesser punishment for a greater one
As soon as litigation is anticipated, the lawyer should inform her client to do which of the following?
To take reasonable steps to preserve relevant documents and information including ESI.
Which of the following is not a type of damages a plaintiff may seek in a tort case?
Tortious damages
Intentional torts are generally divided into two categories. What are those categories?
Torts against property and torts against a person
Which of the following is the only crime mentioned by name in the United States Constitution?
Treason
"By" is the preposition that is a clue that a sentence may be written in the passive voice (when combined with the other elements of passive voice).
True
The following sentence is in the passive voice: The dog's toy is taken away by the cat.
True
The United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 is commonly known as the _____ Act.
USA Patriot
General partnerships are governed by the:
Uniform Partnership Act.
sui generis
Unique; one of a kind
A sole proprietorship has all but which of the following advantages?
Unlimited liability for debts
A Terry stop allows a police officer to do which of the following?
Use reasonable suspicion to stop someone
Equitable remedy
Used when money can not make an injured party whole
Two men are doing target practice and are shooting at a target on a tree. Both are using the same .22 long shells in their rifles. They both know that they are shooting toward a residential area. Both of them shoot and one of the shells from one of the hunter's rifles strikes a homeowner in the leg, but it is not known from which rifle the shell came. Causation will be resolved in which of the following ways?
Using the alternative liability test.
Par value
Value of a stock listed on its certificates
Negligence per se involves which of the following situations?
Violation of a statute
Direct cause
Virtually limitless liability is possible
_____ is the process of examining prospective jurors to determine whether they possess the necessary qualifications to serve on the jury.
Voir dire
Ultra vires
When a corporation acts beyond its express or implied powers
Remand
When an appellate court disagrees with the outcome of a trial court and sends the matter back to the trial court for further proceedings
Proximate cause can ultimately be reduced to which of the following?
Whether the cause of the injury was foreseeable at the time the defendant acted
Animo
With intent or by design
A fortiori
With strong reason
Ultra vires
Without authority
Docket entries
Written record maintained in the clerk of court's office listing documents and things filed with the court
A domestic corporation is:
a corporation chartered in the forum state.
A _____ occurs when a group within the corporation (usually management) purchases all of the outstanding shares of the corporations take in order to take the company private.
a leveraged buyout
In federal court, Rule 8 sets out the requirements for a complaint. These requirements include all of the following except _____
a statement of the defendant's possible defenses.
Put the following three terms in the proper order for an active sentence: Object (that which is being acted upon) Action (the action between the actor and the object) Actor (the person or thing doing the acting)
actor, action, object
The but-for test is used in negligence cases to determine whether _____ existed.
actual cause
Under Rule 36, FRCP, which concerns Requests for Admission, should a party not respond within 30 days to the opposing party's request to admit certain facts, those facts are deemed _____
admitted
A defense that defeats a plaintiff's claim even if the facts of the plaintiff's claim are true is known as a(n) _____.
affirmative defense
Please select each "to be" verb below:
am, been, are, were, be, was, being, is
Proper venue for a federal civil action is the district where _____.
any defendant resides if all the defendants reside in the same state. any defendant is subject to service of process. the cause of action arose.
The "business judgment rule":
applies to actions of the directors.
The right of a shareholder to force the corporation to buy his or her stock following a merger is called:
appraisal rights.
The Uniform Commercial Code (UCC) is divided into _____.
articles
While each state has its own incorporation procedures, generally a corporation does not need to have _______.
articles of organization
Christopher is a 8-year-old boy who fell into his neighbor's swimming pool, which was not fenced in or protected in any way. The swimming pool may be considered a(n) _____.
attractive nuisance
Theo felt _____ about missing the party.
bad
Each of the partners in a general partnership:
bears equal personal liability for tax partnership income bar any agreement to the contrary.
A criminal trial not held before a jury is known as a(n) _____.
bench trial
A corporation is created _____.
by statutory authorization
Once a corporation is incorporated, it begins to govern itself according to any required state statutes. The internal governing document of a corporation is generally known as the _____.
bylaws
A four-lawyer firm incorporated. It did not elect to be a sub-chapter S corporation. At the end of the first year, it showed a taxable income of $64,000. The lawyers have decided that they each will remove $5000 from the corporation. They should:
declare bonuses of $5000 each.
When a party against whom a judgment for affirmative relief is sought fails to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's _____.
default
If the incorporator or promoter of a new corporation makes an error during the creation and incorporation process, the new business is considered to be a _____ corporation.
defective
Select each answer which corresponds properly with the sentence below: The defendant was acquitted by the jury while the plaintiff was taken into custody by the bailiff.
defendant=object jury=actor plaintiff=object bailiff=actor. acquit=action take=action. defendant=object plaintiff=object. jury=actor bailiff=actor
The purpose of the preliminary hearing is to _____.
determine if sufficient evidence exists to charge the suspect
The but-for test is usually used to determine _____.
determining actual cause
Sam's Bar and Grill is incorporated in the state of South Carolina. It has its principal place of business in Greenville County. Sam's Bar and Grill has recently expanded to Asheville, North Carolina. It is operating a restaurant in Charlotte. Sam's Bar and Grill can be considered both a _____ and a _____ corporation.
domestic and foreign
The _____ of the court's ruling will _____ how the parties divide their property.
effect; affect
In the discovery process, ESI stands for _____.
electronically stored information
An appellate court may reverse a lower court's decision. It may do so for all of the reasons below except _____
errors that were not prejudicial occurred.
Once the complaint is filed, all other pleadings must be served on _____
every party.
When computing the deadline for response:
exclude the day of service
All evidence obtained in violation of one's Fourth, Fifth, and Sixth Amendment rights is generally not admissible at trial based on the _____ rule. Such evidence is considered "fruit of the poisonous tree" because it is the result of an illegal procedure.
exclusionary
Situations in which officers must urgently take immediate action are known legally as _____ circumstances.
exigent
Scientific identification techniques are useful for eliminating innocent suspects, also known as _____.
exoneration
Shopkeepers are generally protected from claims of _____ if they detain suspected shoplifters for a relatively short period of time.
false imprisonment
Crimes punishable by more than one year in prison are called _____.
felonies
That scholarship has _____ applicants this year than ever before.
fewer
Officers and directors of a corporation owe a _____ duty the shareholders of the corporation.
fiduciary
Analytics, Inc., a corporation incorporated in Illinois, opens an office in South Carolina. In the state of South Carolina, Analytics, Inc. is considered a _____ corporation.
foreign
Each of the following is a type of theft except _____.
fraud in the inducement
An otherwise legal item taken during a theft (such as bread from a grocery store) is considered to be _____.
fruits of the crime
According to Rule 8(b)(3) of the Federal Rules of Civil Procedure, a _____ denial denies each and every allegation in the plaintiff's complaint.
general
A limited partnership is an agreement between a _____ and a _____.
general partner; limited partner
Chris and Adam work at DeskJob and earn $50,000/year each. They decide to form a side business for themselves. They want to create a business that generates a loss, so it will offset their respective personal incomes; hence, they will pay less income tax each year. Chris and Adam will make all business decisions together. It is an oral agreement. In order for this venture to qualify as a partnership, it must have the requirement of _____.
generating a profit
If an error does not impact the outcome of the proceedings, this error is considered to be _____.
harmless
A de facto corporation is one that:
has not complied with statutory rules but operates as a corporation.
Brittney, a Certified Public Accountant, sits on the board of directors of three corporations. Brittney:
has not violated her duty of loyalty if the corporations do not compete directly with each other
We can do nothing with out _____ knowing about it.
his
Unlawfully seized evidence can be admitted at trial if it can be shown that the police were acting _____.
in good faith
The _____ applies to the state for incorporation on behalf of the new corporation.
incorporator
As a general rule, defendants do not have a right to confront _____ at trial.
informants
Under Rule 26(a), the parties need to make their _____ either at the Rule 26(f) conference or within 14 days thereafter and before formal discovery begins.
initial disclosures
After the plaintiff has presented his case (opening statement, direct examination, cross-examination, closing arguments) and the defendant has presented her case (same), the case "goes to the jury." Before the jury deliberates, the judge must _____ the jury.
instruct the jury as to the law to be applied to the facts
If electronically stored information that should have been preserved in the anticipation or conduct of litigation is lost because a party [intentionally] failed to take reasonable steps to preserve it, and it cannot be restored or replaced through additional discovery, the court may take all of the actions listed below except _____.
instruct the jury to return a verdict against the offending party.
Most torts are considered either _____ or _____.
intentional/negligent
Persons with claims that may expose a plaintiff to double or multiple liability may be joined as defendants and required to _____
interplead
Defendants may still be liable to a plaintiff even though a(n) _____ cause occurs. On the other hand, a _____ cause will usually negate the defendant's liability because this cause was unforeseen and unpredictable.
intervening; superseding
Will goes to Grace's place of business to purchase a piece of furniture. Will is considered a(n) _____ in this scenario.
invitee
All of the following elements are considered in a first-degree murder charge except _____.
involuntary murder
None of the computers _____ working today.
is
One of the ways that a partnership differs from a corporation is that it _____.
is a pass-through entity for taxation purposes
An association should screen _____ membership applicants.
its
When two or more people can be liable for a tort, this type of liability is referred to as _____.
joint and several
The procedural rule that requires officers to announce their presence before entering a home is known as the _____ rule.
knock-and-announce
Please _____ me a pen to finish the examination.
lend
The U.S. District Court is a court of _______ jurisdiction.
limited
A _____ is a hybrid of a corporation and a partnership.
limited liability company
Bugs, Elmer Fudd, and Porky form a limited partnership called Carrots and Spuds, LP. Bugs is the general partner, and Elmer and Porky are limited partners. Elmer becomes disenchanted with Bugs's managerial skill because of his laid-back attitude. Toting his shotgun on his shoulder, Elmer stomps his way to headquarters. Upon his arrival, he announces his presence with an authoritative knock. When Bugs opens the door, Elmer enters, pushing Bugs aside. At that point, Elmer declares through the sites of his trusty shotgun, "Th-th-this is a management takeover. S-s-step aside, Wabbit!" Under the Uniform Limited Partnership Act, Elmer cannot become the new general partner under the existing agreement because:
limited partners may not participate in the management or control of the business, with or without a shotgun.
Under Rule 16 of the Federal Rules of Civil Procedure, a judge may hold a pretrial conference for all of the following reasons except _____
mandating settlement between the parties.
A written proxy:
may grant general authority to vote on all matters at a stockholders' meeting.
A foreign corporation:
may require a certificate of authority to do business in states where it is not chartered.
LLCs may be either _____-managed or _____-managed.
member; manager
The owners of an LLC are called _____.
members
When a corporation decides to take over another company, a(n) _____ has occurred.
merger
Hillary drafts a document stating with particularity the grounds for what she is requesting and the relief that she seeks. Hillary has drafted a(n) _____.
motion
A _____ party is one who has an interest in the controversy and should be joined if possible for the sake of justice.
necessary
Presume that Carmen breaks a window to gain entry to Taylor's house in an effort to escape an attacker. Carmen will most likely not be liable to Taylor for the damages based upon _____.
necessity
A shareholder derivative action may be initiated in response to:
negligence by management that injures the corporation.
Under Rule 26(b), a party need not disclosure ESI (electronically stored information) when it is _____
not reasonably accessible because of undue burden or cost.
The purpose of the summons is to:
notify the defendant that suit has been filed and the time limit in which to respond.
Place the following terms in the correct order for the passive voice: Action (the verb, what the actor is doing) Object (that which is being acted upon) Actor (the person doing the action)
object, action, actor
If a(n) ____ is working within the scope of his or her employment, this person is an agent of the corporation.
officer
Under Rule 15, a party may amend her pleadings _____ as a matter of course within _____ days of serving it.
once/21
Unless otherwise ordered by the court, the longest an oral deposition may last is generally _____.
one 7-hour day
A publicly-traded corporation is:
one whose stock is traded publicly.
If the partners in a limited partnership fail to provide a basis for making distributions of profits to partners, the Revised Uniform Limited Partnership Act:
provides for distributions according to each partner's capital contribution.
Molly owns 634 shares of XYZ, Inc. stock. The annual meeting is scheduled on a date that Molly cannot attend. She signs a writing that gives James the right to vote her shares at the annual meeting. Molly has given James her _____.
proxy
The government creates a _____ corporation to help administer law.
public
If Grace lends Jack money to buy a high-definition television, which of the following terms best describes the type of security interest that Grace has?
purchase-money
An individual who is released on recognizance has been _____.
released without being required to post any bail
Each of the following is an example of a type of discovery except _____
requests for applicable law
Under Rule 19, someone qualifies as a(n) _____ party if the court cannot accord complete relief among the parties without this person.
required
When a corporation keeps profits in order to reinvest them in the business, these profits are referred to as _____.
retained earnings
A defendant who makes a statement prior to sentencing is said to be exercising his _____.
right of allocution
Which of the following best describes one who holds a security interest in an asset that has been pledged as collateral for a debt.
secured creditor
Someone who owns an "equity" security is known as a _____
shareholders or stockholders.
In a traditional corporation, the _____ elect the _____ who then appoint the _____.
shareholders; directors; officers
If a jurisdiction allows a parent corporation to merge with a subsidiary of that corporation without shareholder approval, a _____ has occurred.
short-form merger
In federal court, the minimum number of jurors is _____.
six
The most common form of business organization is the:
sole proprietorship.
Under 8(b)(3) of the Federal Rules of Civil Procedure, a _____ denial is that which denies all of the allegations in the plaintiff's complaint except those that the defendant specifically admits.
specific
The destruction of records which may be relevant to ongoing or anticipated litigation, government investigation, or audit is referred to as _____.
spoliation of evidence
Before or while the corporation is being organized, a method for acquiring investment capital is through:
stock subscriptions.
When the defendant undertakes an action that cannot be done safely regardless of precautions taken, the defendant has committed a _____ tort.
strict liability
If the paralegal is instructed to ensure that a particular witness personally appears and bring specific documents with him which of the following should be issued?
subpoena duces tecum
Rule 45, FRCP addresses subpoenas. A subpoena may be used to compel information in the form of a document. This type of subpoena is referred to as _____.
subpoena duces tecum
A _____ corporation is one whose stock is owned entirely or in substantial part by another corporation.
subsidiary
The court shall grant _____ if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
summary judgment
Under the Revised Uniform Limited Partnership Act, a limited partner may not:
supervise employees of the limited partnership.
When a corporation decides to be a subchapter-S corporation (s-corp), it has made a choice in how it wishes to be _____.
taxed
A paralegal can help prepare a witness for a deposition by doing all of the following except _____
tell the deponent that the judge will be present to rule immediately on all objections made by opposing counsel.
Two hunters are out in a field near some woods hunting pheasants. Both see a man standing by the tree line. One hunter is using a 12 gauge shotgun. The other is using a 20 gauge shotgun. A pheasant takes flight toward the woods and both hunters shoot. Shot pellets from both the 12 gauge and the 20 gauge hit the man in the chest, causing serious injuries. Causation will likely be resolved _____
that each hunter was a substantial factor in causing the man's injuries so both will be liable.
Rule 407 of the Federal Rules of Evidence discusses actions taken to mitigate a tort. If measures are taken after the incident in fix the situation, then that evidence cannot be used to prove _____.
the argument that the plaintiff consented to an intentional tort.
A creditor can become a secured by party by taking all the following steps except _____________
the creditor must execute a writ of attachment.
The primary purose of bail is to ensure _____.
the defendant's appearance for trial
Under Rule 11, when an unrepresented party or attorney files, signs, submits, or later advocates for a pleading, written motion, or other paper, that person is representing all of the following except _____
the facts alleged are supported by law within the same jurisdiction as the document is filed.
If a case is appealed, Rule 28, of the Federal Rules of Appellate Procedure dictates _____
the format and contents of the briefs filed by the parties.
If the defendant chooses to bring a third party into the litigation, the defendant is called a _____.
third-party plaintiff
Preemptive rights are exercised when a shareholder has the right:
to purchase a proportionate share of a new issue of common stock before it is offered for sale to others
If a statute of limitations is suspended from running, it is considered _____.
tolled
If a grand jury agrees that sufficient evidence exists to charge a suspect, it returns a _____.
true bill
A joint venture is:
two or more individuals merging efforts for one event only.
If a corporation acts beyond its corporate powers, express and implied, those acts are referred to as _____ acts.
ultra vires
If a defendant's conduct has exposed plaintiff to an unreasonable risk of harm and a(n) _____ occurred which exposed plaintiff to the same risk of harm, the defendant may still be liable to the plaintiff.
unforeseeable intervention
The Fourth Amendment prohibits _____ searches without warrants.
unreasonable
The process of selecting a jury is known as _____. If an attorney chooses to strike (not select) a juror and gives no cause, that strike is known as a(n) _____ strike.
voir dire/peremptory
If Sophie _____ ill, she did not have time to complete the research.
was
Marcus acts as if he _____ infallible.
were
Regarding police reports, all of the following are examples of exceptions to the hearsay rule (hearsay evidence is generally not allowed to be considered as evidence in court) except _____.
witness repeating what she heard someone else say
A _____ is whatever the law declares to be a criminal offense and punishes with a penalty.
crime
Allison, who is using a walker due to her broken leg, is crossing the road according to all applicable traffic safety regulations. It does, however, take her much longer to cross the intersection. Bonnie makes a right turn at a green light, also according to applicable traffic safety regulations. Bonnie strikes Allison and sues her for damage to Bonnie's car. Allison is unhurt, but her walker did cause Bonnie's bumper some significant damage. Which of the following statement is most likely to apply in this situation?
Allison will be judged by the reasonable person standard under like circumstances - what would a reasonable person have done with such a disability when crossing an intersection.
Misfeasance
An act which harms or endangers the plaintiff
Comparative negligence
An affirmative defense
Sam Smithwick sues Bill Barnwell and Mary Mitchellson in federal court for negligent operation of an amusement park. Mary claims she should be indemnified by Bill for any negligence that may have occurred, because she is a limited partner in the business that operates the park. Mary should file which of the following?
An answer and crossclaim
Under Rule 7 of the Federal Rules of Civil Procedure, all of the following are examples of pleadings except _____
An answer to a Request for Interrogatories
Presume your neighbor builds a brick wall that is ten feet tall. It meets all applicable safety standards. It is, however, within 10 feet of your house. One summer, a horrendous tornado tears through the neighborhood and your neighbors fence falls on your house damaging your property. Which of the following statements is most accurate?
An extraordinary act of nature caused the damage to your house thereby relieving your neighbor of any personal liability.
Which of the following is not an element of defamation?
An idea must be involved
Which of the following statements best applies to strict liability and animals?
An owner can be strictly liable for a dangerous propensity of a domestic animal of which the owner is aware.
A director's liability may be limited by the corporation's articles of incorporation for which of the following?
An reasonable acquisition that fails
Libel is a form of defamation best described as _____.
An untruth about another that is written or printed in words or pictures or any other broadcast.
Et vir
And husband
Et al.
And others
Rule 34, FRCP refers to ESI as which of the following?
Any designated documents stored in any medium from which information can be obtained either directly or, if necessary, after translation by the responding party into a reasonably usable form.
If a search or seizure is determined to be unlawful, which of the following is the most likely result?
Any evidence seized would be inadmissible as fruits of the illegal seizure.
Article _____ of the Uniform Commercial Code (UCC) concerns secured transactions.
Article 9
Which article of the Uniform Commercial Code (UCC) deals with secured transactions?
Article 9
When an LLC forms, it must file _____ with the requisite Secretary of State.
Articles of Organization
If a defendant is sued for strict liability, he may raise which of the following defenses?
Assumption of the risk
When a creditor sells a consumer good to a debtor on a credit basis or a creditor extends a loan to a debtor for the purchase of a consumer good to be used as collateral, a PMSI is created. The PMSI security interest in that good is perfected by which of the following methods?
Automatically
Regarding the duty element of negligence, which of the following statements is true?
Bar some exception to the general rule, nonfeasance is not actionable.
Contributory negligence is frequently not a defense in which of the following causes of action?
Battery
All but which of the following are true when two corporations merge?
The corporations dissolve and a new corporation is created.
Under Rule 37(e)(2) of the Federal Rules of Civil Procedure, the court may do all but which of the following if a party has failed to take reasonable steps to preserve ESI in an attempt to deprive another party of its use in the litigation, and it cannot be restored or replaced through additional discovery?
The court can enter a default judgment against the party who failed to take reasonable steps to preserve the ESI and order punitive damages be paid to the affected party.
In the context of secured transactions, as covered in Article 9 of the UCC, when a creditor lends money to the borrower, she often wants collateral to secure the loan. If repossessing the collateral is not practical, what should the creditor do to retain her interest in the collateral?
The creditor should file a financing statement.
Occasionally a court may recognize a defense in a negligence per se cause of action. Which of the following is not considered a possible defense?
The defendant may raise the defense of an intervening factor.
Which of the following is true regarding a defendant's liability for trespass to land?
The defendant must know that an entry on the plaintiff's land is reasonably certain to occur.
Which sentence below best describes supervised release?
The defendant must report to the Probation Office, submit to drug testing, and abide by the law and any other conditions placed upon the release.
The "Eggshell Skull" rule is the basic premise that is best described by which of the following statements?
The defendant must take the plaintiff as she finds him.
In a defendant's answer in a tort action, the defendant may do all but which of the following?
The defendant need not answer the allegations in the complaint.
Which of the following statements is incorrect regarding false imprisonment?
The defendant threatening to harm someone other than the plaintiff is not a sufficient reason for plaintiff to be confined.
Tort law differs from criminal law in all but which of the following ways?
The defendant's Constitutional rights under the law are different for tort law than for criminal law.
Regarding the doctrine of last clear chance, which of the following statements is correct?
The doctrine of last clear chance aids the plaintiff's case.
Respondeat superior
The employer's possible liability for her employee's acts
Requests for Admission may served on all but which of the following people?
The expert witness
When a shareholder purchases stock with no par value, what price must that person pay for the stock?
The fair market value
Robbery
The forceful and unlawful taking of property.
In a criminal trial, which party bears the burden of proof?
The government (prosecutor)
Which of the following statements best describes the "preponderance of the evidence" standard?
The greater weight of the evidence
Which of the following may occur if a defendant is not read her Miranda rights?
The information provided by the defendant at the time of arrest is not admissible at trial.
Who is the initial person to decide whether an officer has probable cause to request a warrant?
The issuing judge or magistrate
The plaintiff in a negligence case establishes duty and breach of duty but not causation. What will likely occur?
The judge will dismiss the plaintiff's case.
Which of the following statements is accurate regarding a limited partner in a limited partnership?
The limited partner has no liability for debts or loss beyond his or her investment contribution.
If a limited partner actively participates in the operation of the limited partnership, then which of the following occurs?
The limited partner would become jointly and severally liable, along with the general partner(s), for all partnership debt.
Causation
The link between the injury suffered by the plaintiff and the action or inaction of the defendant
At a Rule 26(f) conference, all but which of the following should be discussed?
The nature of all witness testimony
Upon motion, a court order allowing for the physical or mental examination of an individual must contain all but which of the following?
The order may be granted for any cause shown to the court.
If the court's subject matter jurisdiction is lacking, what is the most likely result?
The parties, single or together, may not waive a court's subject matter jurisdiction.
Because of the altercation with Elmer, Bugs decides to leave Carrots and Spuds, LP, to look for employment where he will be appreciated. The limited partnership agreement contains no provisions for a successor general partner. Porky refuses to continue the business with Elmer even though Elmer is willing to take on the responsibilities of general partner, but now there are no partners. What will become of the limited partnership?
The partnership will dissolve because of the withdrawal of the general partner.
Which of the following statements best describes "standard of care"?
The phrase "standard of care"
The defendant's 21-day time to file an answer to a complaint may be extended under certain situations. These situations include all of the following except _____
The plaintiff agrees that the defendant can have an extension and both parties inform the court.
All but which of the following are elements of res ipsa loquitur?
The plaintiff caused less than 50% of her injuries.
In a negligence cause of action, the defendant must establish all but which of the following in order to employ the assumption of the risk defense?
The plaintiff expressly assumed the risk at the time and place of the injury with knowledge of the risk.
Not all cases filed go to trial. Which of the following reasons is not a reason why a case may not go to trial?
The plaintiff is unable to secure her witnesses before filing the complaint.
According to FRCP 4(h), when serving a corporation or other organization, the plaintiff may do all but which of the following to properly effect service of process?
The plaintiff may serve a corporation or other organization in the same manner as serving an individual. The plaintiff may choose which employee to serve provided that employee works at the home office.
Which of the following is a requirement for false imprisonment?
The plaintiff must be aware of his confinement.
In a negligence tort, the requirement of breach of duty requires which of the following?
The plaintiff must establish the defendant owed the plaintiff a duty and then breached that duty.
Presume someone is driving down the road and approaches an intersection. After looking both ways, that person enters the intersection and is hit by an oncoming car. The oncoming car was not exceeding the speed limit. The injured driver sues the county alleging that a statute designed to protect farmer's from an infestation of weeds was violated as weeds were allowed to grow up around the intersection, which obstructed plaintiff's view. In this scenario, the plaintiff is attempting to claim the county is liable in a negligence per se action. What must the plaintiff prove in order to prevail?
The plaintiff must prove that she was part of the group of people who were intended to benefit from the statute.
In a pure comparative negligence case, the plaintiff is 75% at fault and the defendant is 25% at fault. If the damages are $500,000, the plaintiff will be awarded _____.
The plaintiff will recover $125,000.
The sentences below each have two parts. Identify the sentence where both parts are consistent with active voice and verb tense.
The plaintiff's attorney is submitting evidence that appears to indicate the defendant committed the crime.
If a person fails to answer interrogatories within the time specified, Rule 37 of the Federal Rules of Civil Procedure lays out what process to remedy this failure?
The procedure to compel disclosure or discovery
Third-party practice
The process and procedure for including or joining to a lawsuit a previously undisclosed party.
Which of the following statements is true regarding the defendant's presumption of innocence?
The prosecution bears the burden of proving the defendant's guilt.
Upon which party does the burden of proof rest and to what degree must it be established in an attempt to establish the voluntariness of a consent search?
The prosecution must prove voluntariness by a preponderance of the evidence.
Courts will often consider each of the following factors except _______ in determining whether a defendant's interference with the plaintiff's personal property is trespass to chattels or conversion?
The quality and condition of the chattel at the time of the interference
In addition to compulsory and permissive joinder, a party may be brought into litigation by all of the following methods except _____
crosspleader
Actual cause as one of the elements of a negligence tort may also be referred to as _____.
causation in fact
When a corporation applies to the state for incorporation, provided the requirements are met, the Secretary of State issues a document known as the _____.
certificate of incorporation
If a defendant thinks she may not be able to get a fair trial due to extensive media coverage, she would likely file a motion for _____.
change of venue
A section 1983 lawsuit involves a cause of action in which someone asserts that her _____ has/have been violated.
civil rights
Joint and several liability furthers the tort law purpose of _____.
compensation to plaintiff
The basic pleadings in federal court include which of the following?
complaint, answer, reply
The articles of incorporation may provide that shares of a given class can be converted into shares of another class on some predetermined ratio. These shares are known as:
convertible shares.
Officers and directors generally owe a direct duty to _____.
corporate shareholders
An advantage of incorporation is:
corporations have limited liability, perpetual existence, and are taxed as separate legal entities.
Sally files suit against Burt and Jerry. In Burt's answer he asserts a claim against Sally. This claim is referred to as a _____.
counterclaim
The Sarbanes-Oxley Act of 2002 is designed to _____.
crack down on corporate fraud
A secured party is best protected if that party _____ his or her security interest.
perfects
A _____ joinder pursuant to Rule 20 may allow more than one plaintiff or more than one defendant to be joined n a single unit if their claims arise from the same transaction or occurrence and if their claims present a common question of law or fact that applies to all of them.
permissive
The two types of counterclaims are _____ and _____.
permissive; compulsory
The duration of the corporation may be:
perpetual
A party may waive _____ jurisdiction but not _____ jurisdiction.
personal; subject matter
Rule 69 addresses how to execute a judgment. In seeking to have the judgment satisfied, the party may have _____ to find where an asset is located and the value of assets available to satisfy the judgment.
post-trial discovery
Tim owns 100 shares of ABC Corporation. The corporation makes a new issue of 10,000 shares. According to his share certificate, Tim is entitled to purchase an additional 100 shares at the time of the new issues. This is an example of:
preemptive rights.
Shareholders who own _____ stock enjoy certain privileges that other shareholders do not.
preferred
If a defendant wants to challenge the sufficiency of the complaint or matters connected to it, the proper procedure is to file a _____ motion.
preliminary
If the case is not settled or dismissed, it proceeds to trial. Under Rule 16, FRCP, a _____ is held.
pretrial conference
Most states have securities statutes known as blue sky laws. These statutes were adopted to:
prevent fraud by unscrupulous promoters selling worthless securities.
The two types of necessity which can be used as a defense in an intentional tort cause of action are _____.
private and public
The _____ starts the corporation creation process by arranging for financing, stock subscriptions, and any necessary licenses, etc.
promoter
A statute of limitations _____
provides a time limit for commencing a lawsuit