BLAW 3201 FRY Exam 1

If Tony and Shelly wish to prove defamation, what do they need to show? That Mrs. Vogel made a false statement of a fact. That Mrs. Vogel harmed the reputation of the car dealership. That the statement was published to at least one person, other than those who worked at the car dealership. All of these are needed.

All of these are needed. For defamation to be established, there must be a false statement about the plaintiff that is likely to harm the plaintiff's reputation. The statement must be communicated to at least one person other than the plaintiff.

Federal courts have exclusive jurisdiction only over: a. federal criminal prosecutions. b. federal questions. c. diversity of citizenship (where the amount in controversy is over $75,000). d. diversity of citizenship (where the amount in controversy is $75,000 or less).

a. federal criminal prosecutions.

Which of the following is not required for the plaintiff to prove in an action for negligence? a. Breach of duty b. Superseding event c. Injury d. Cause

b. Superseding event

Which one of the following is true of a suit brought under civil law? a. It must be brought by the government. b. The purpose is to compensate the injured party. c. Proof must be "beyond a reasonable doubt." d. Conviction may result in imprisonment.

b. The purpose is to compensate the injured party.

The intentional exercise of dominion or control over the personal property of another that so seriously interferes with the other's right to control is known as: a. conversion. b. trespass to personal property. c. nuisance. d. larceny.

a. conversion.

Which of the following would be Mrs. Vogel's best defense against the tort of defamation? That her statements about the car dealership were true. That her statements about the car dealership were only spoken and not printed. That her statements about the car dealership were privileged. That her statements were made on a public street.

That her statements about the car dealership were true

Sara is an FBI agent. She was looking at Facebook in her off duty hours. Sara saw a picture of one of her friends. She noticed a picture of one of her high school friends, Brett. She remembered being hurt by Brett when he failed to ask her out to a dance. Sara included Brett's name and photograph in a list of the FBI's top ten criminals. Brett has never been convicted of any crime and is horrified by the thought of being considered a criminal. Sara's action: a. could be either libel or false light. b. is false light. c. is libel. d. is slander.

a. could be either libel or false light.

Dylan believes that his neighbor, Nancy, is improperly erecting a fence on Dylan's property. Despite efforts to get Nancy to stop the construction of the fence, she refuses. Dylan then sues Nancy and seeks only an injunction from a court to stop the fence's construction. What type of judicial relief is Dylan seeking from the court? a. equity. b. restatement of the law. c. criminal. d. damages.

a. equity.

Herman points out that Shelly has a right to express her opinion on the side of the road. If she enters the lot, continues to use her bullhorn, and refuses to leave, she could be committing what tort? Conversion Trespass Intentional infliction of emotional distress Wrongful interference with a contractual relationship

Trespass

Is there a chance that Vinny will be liable for the tort of battery? No, since he was working at the store. Yes, because he did not kick her out of the stock room. Yes, because Maria told him not to touch her and he did. No, since he was trying to help Maria.

Yes, because Maria told him not to touch her and he did.

Andy and his family are next door neighbors to Fred. There is a direct route across Fred's lawn to Andy's school. Andy's parents have obtained Fred's permission for Andy to walk across the lawn each day he walks to school. One day Andy brings his soccer team across Fred's yard, and they stop to play soccer on Fred's yard: a. Andy and his friends are liable of trespass to real property, because they played soccer in Fred's yard. b. Andy is liable of trespass to real property, because he walked across Fred's yard. c. Andy's friends are not liable of trespass to real property, because they were with Andy. d. Andy is not liable of trespass to real property, because he had Fred's permission to cross the yard.

a. Andy and his friends are liable of trespass to real property, because they played soccer in Fred's yard.

Which of the following are forms of jurisdiction? a. In personam, in rem, attachment. b. Interviews, discovery, witness list, arbitration. c. Summons, depositions, written interrogatories, voir dire. d. All of these are correct

a. In personam, in rem, attachment.

Which of the following is a function of the law in the United States? a. Maintain stability while simultaneously permitting change. b. Preserving the right of landholders to control the government. c. To establish a governmentally headed religion. d. To create a monarchy.

a. Maintain stability while simultaneously permitting change.

Bruno sued Cap Records, Inc. in federal district court in California, but lost his case. If Bruno elects to appeal his case to the U.S. Court of Appeals, which circuit court would hear Bruno's appeal? a. Ninth Circuit. b. First Circuit. c. Fifth Circuit. d. Tenth Circuit.

a. Ninth Circuit.

Appellate judges can hear the same testimony and consider the same evidence as the trial court did in rendering a decision. Is this true? a. No, the appellate court does not hear any evidence. b. No, the appellate court only hears the witnesses testify a second time (without exhibits). c. Yes, but only where the outcome of the case is clearly wrong. d. Yes, but only when the losing party desires a new trial.

a. No, the appellate court does not hear any evidence.

What was the issue that the Supreme Court examined in the Edmonson v. Leesville Concrete Company, Inc. case? a. Whether a private litigant in a civil case may use peremptory challenges to exclude jurors on account of their race. b. Whether the Edmonson was contributorily negligent in his use of the construction equipment. c. Whether Edmonson used his peremptory challenges fairly in the case before the Court. d. Whether the peremptory challenges exercised by Leesville were discriminatory.

a. Whether a private litigant in a civil case may use peremptory challenges to exclude jurors on account of their race.

A law is: a. a rule of civil conduct prescribed by the supreme power in a state. b. any act prohibited by the government or an omission of an act required by public law and made punishable by the government in a judicial proceeding brought by it. c. litigation where the injured party sues to recover compensation for the damages and injury sustained as a result of the defendant's wrongful conduct. d. rules and regulations of federal and state administrative agencies.

a. a rule of civil conduct prescribed by the supreme power in a state.

The intentional infliction of harmful or offensive bodily contact is the tort of: a. battery. b. assault. c. false imprisonment. d. infliction of emotional distress.

a. battery.

Sadie was shopping at the local discount store early in the morning on Black Friday (after Thanksgiving). Just as she tried to exit after completing her purchases, the door was locked due to a momentary power failure. She was quickly let out of the door by a nearby security guard. If Mary brings suit against them for false imprisonment, she will: a. lose if the amount of time was very short. b. win even if the inconvenience was brief because she was, in effect, being confined to the store. c. win because the store was at fault for detaining her. d. win because the law protects any false detention, no matter how short.

a. lose if the amount of time was very short.

Misuse of legal procedure consists of: a. malicious prosecution. b. wrongful criminal proceedings. c. intrusion. d. All of these are correct.

a. malicious prosecution.

A process in which a third party selected by the disputants helps the parties to voluntary resolve their disagreement is known as: a. mediation. b. discovery. c. consensual arbitration. d. compulsory arbitration.

a. mediation.

Sometimes the reasonable person standard of conduct may be established by legislation. An unexcused violation of that statute which causes an injury to another is: a. negligence per se. b. supervening event. c. res ipsa loquitur. d. contributory negligence.

a. negligence per se.

The tort of appropriation requires all, except: a. publication. b. unauthorized use. c. of another person's name or likeness. d. for one's own benefit.

a. publication.

A new state law, passed by the legislature, mandates that all employers must prohibit employee texting in employer vehicles. The law further provides that any employer who allows an employee to text in its vehicles is subject to a court order requiring the employer to enforce the law. This law is a matter of: a. substantive law. b. administrative law. c. common law. d. procedural law.

a. substantive law.

Andy wrote a defamatory statement regarding Sam which he did not show to anyone but which he posted on the campus public access television channel (where he worked as a workstudy). Andy has committed: a. the tort of libel. b. neither libel nor slander, because there has been no publication of the statement. c. the tort of slander d. the tort of false light.

a. the tort of libel.

Sharon is called for jury duty and is selected for possible service on a jury. However, when the defendant's attorney sees her, he learns that she is from a farm family. Both the defendant and the defendant's attorney dislike farmers, so they strike her name from the jury. In this case: a. this is a valid peremptory challenge. b. this is not a valid challenge. c. this is a valid challenge for cause. d. the plaintiff's attorney can have Sharon serve by making an offer of proof to the judge.

a. this is a valid peremptory challenge.

Which of the following is an example of diversity of citizenship? a. The plaintiffs are all citizens of the same state or states as the defendants. b. A foreign country brings an action against citizens of the United States. c. The controversy is between two or more citizens of different countries (other than the U.S.). d. All of these are correct.

b. A foreign country brings an action against citizens of the United States.

Curtis Williams was employed by Highway Construction Engineering Corporation (HCEC). HCEC was contracted to excavate a traffic tunnel for the State of New Jersey, and Curtis was assigned to work on this excavation project. While working on the excavation of the tunnel, Curtis breathed in very harmful debris resulting from the demolition of the tunnel for the excavation. By breathing in the debris, Curtis suffered a debilitating lung disorder. Williams sued HCEC for damages resulting for breathing in the debris. If HCEC asserts that it has no duty to protect Curtis's safety, will it be successful? a. Yes, because HCEC owes no duty to Curtis b. No, because HCEC owes a duty of care to Curtis to take reasonable steps to protect Curtis from the foreseeable risk of harm to his health posed by the excavation of the tunnel. c. No, because HCEC has a contractual duty with the State of New Jersey. d. Yes, because HCEC was not responsible for the debris.

b. No, because HCEC owes a duty of care to Curtis to take reasonable steps to protect Curtis from the foreseeable risk of harm to his health posed by the excavation of the tunnel.

Bella was arrested for shoplifting at the age of 16 and convicted as an adult. She is now 32 years old and plans to marry Ed. Ed's sister found out about Bella's arrest and then told Ed's parents. Bella now wants to sue Ed's sister for public disclosure of private facts. Does Bella have a case against Ed's sister? a. Yes. b. No, because arrests are a public and not a private fact, and because telling Ed's parents is not sufficient publicity. c. No, because the statement is true. d. No, because telling Ed's parents is not sufficient publicity for public disclosure of private facts.

b. No, because arrests are a public and not a private fact, and because telling Ed's parents is not sufficient publicity.

If the State of Michigan passed laws that regulate the ensuring of free and impartial municipal elections, which essential function of the law do these laws serve? a. Private ownership of property. b. Preservation of the state. c. Protection of the legal circle. d. Maintain minority rights.

b. Preservation of the state.

This level of conduct evidences a conscious disregard of or an indifference to the consequences of the act committed. a. Intentional. b. Reckless. c. Negligent. d. All of these are correct.

b. Reckless.

The Constitution of the United States puts into place which central principle of our government? a. Inquisitorial system. b. Separation of powers. c. Vagrancy laws. d. Miranda warnings.

b. Separation of powers.

If an activity causes a foreseeable and highly significant risk of physical harm even when reasonable care is exercised by all actors, and the activity is not one of common usage, it is: a. proximate cause. b. abnormally dangerous. c. res ipsa loquitur. d. None of these are correct.

b. abnormally dangerous.

The party who appeals a case to a higher court is the: a. plaintiff. b. appellant. c. appellee. d. defendant.

b. appellant

Stuart has been charged with burglary of an apartment building. The prosecutor must prove Stuart's guilt: a. beyond a reasonable doubt. b. beyond a shadow of a doubt. c. by a preponderance of the evidence. d. by the greater weight of the evidence.

b. beyond a shadow of a doubt.

In general terms, the person who is sued in a civil lawsuit is the: a. plaintiff. b. defendant. c. bailiff. d. reporter.

b. defendant.

In Caldwell v. Bechtel, Inc., Caldwell sued Bechtel for damages related to work that Caldwell performed for Bechtel as part of the metropolitan subway system in Washington D.C. To avoid liability, Bechtel argued that: a. owed a duty only to ensure that Caldwell was contractually paid. b. did not owe a duty to reasonable care to protect Caldwell's safety. c. it owed a duty to Caldwell, but did not owe damages to Caldwell. d. Caldwell failed to meet his burden of proof beyond a reasonable doubt.

b. did not owe a duty to reasonable care to protect Caldwell's safety.

The reasonable person standard is: a. external and subjective. b. external and objective. c. internal and subjective. d. internal and objective.

b. external and objective.

Donald has mounting debt and wants to file for bankruptcy. Where can he file his bankruptcy action to commence the proceedings? a. state supreme court. b. federal bankruptcy court. c. state district court. d. state appellate court.

b. federal bankruptcy court.

Matt, a resident of Indiana, while driving on the freeway, hits Bob, a resident of West Virginia, and totally destroys Bob's brand new vehicle. Bob may bring suit in federal district court: a. if the accident occurred outside of Indiana or West Virginia. b. if the amount in controversy is over $75,000. c. because of federal question jurisdiction. d. because there is always federal jurisdiction if there is diversity of citizenship.

b. if the amount in controversy is over $75,000.

The unreasonable and highly offensive interference with the solitude of another is the tort of: a. nuisance. b. intrusion. c. appropriation. d. false light.

b. intrusion.

To resolve a lawsuit, a court must have subject matter jurisdiction and jurisdiction over the parties. Jurisdiction over the plaintiff: a. is perfected only when a legal ad is published in the plaintiff's hometown newspaper. b. is perfected when the plaintiff voluntarily submits to the court's power by filing the complaint. c. is perfected as soon as the defendant has been served. d. is perfected when the plaintiff is served by a sheriff or deputy.

b. is perfected when the plaintiff voluntarily submits to the court's power by filing the complaint.

Karen idolizes her roommate, Cindy. She uses Cindy's picture in an advertising campaign at the dress shop where Karen works. Karen did not ask for Cindy's permission or pay her anything. Karen is: a. liable of libel. b. liable of appropriation. c. is protected by the First Amendment to the Constitution. d. cannot be subject to a lawsuit brought by Cindy. Cindy should be flattered.

b. liable of appropriation.

Peter sued Diana for damages arising out of a personal injury action. The case was tried before a jury, but during trial, Peter attempted to admit a certain piece of evidence that was harmful to Diana's case. The trial judge, however, denied the admission of Peter's evidence. If Peter seeks to review the trial court's decision on the admissibility of the evidence, he should: a. file a directed verdict. b. make an offer of proof. c. conduct direct examination of the evidence. d. move to dismiss the case.

b. make an offer of proof.

Andrew purchased an original oil painting, but the painter refused to deliver the work of art. If he seeks to get an order to have the painting delivered. He will request an order for: a. reformation. b. specific performance. c. an injunction. d. separation of powers.

b. specific performance.

A judgment notwithstanding the verdict allows: a. the plaintiff to demand payment from the defendant of a judgment won in court. b. the judge to decide, after a jury's verdict, that the evidence is so clear that reasonable people could not differ as to the outcome of the case. c. the clerk of court to issue a demand for a new trial. d. the plaintiff, without further process, to obtain a portion of the defendant's wages.

b. the judge to decide, after a jury's verdict, that the evidence is so clear that reasonable people could not differ as to the outcome of the case.

In the matter of Ferrell v. Mikula,the court considered the issue of whether: a. the manager acted with malice against the Ferrells. b. the restaurant or the manager should have been granted a motion for summary judgment on the issue of false imprisonment of the Ferrells. c. the restaurant violated the right to privacy that the Ferrells had in driving their car. d. the manager was experienced enough to make the determination of probable cause.

b. the restaurant or the manager should have been granted a motion for summary judgment on the issue of false imprisonment of the Ferrells.

The type of law that is an agreement between or among independent nations is: a. Restatements of law. b. treaties. c. the Uniform Commercial Code. d. a maxim.

b. treaties.

Which of the following is a remedy that can only be obtained from a court acting in its powers of equity? a. Evidence. b. Money damages. c. An injunction. d. Stare decisis.

c. An injunction.

Which of the following is a method of dispute resolution? a. Special verdict. b. Instruction. c. Conciliation. d. Jurisdiction.

c. Conciliation.

In which of the following can absolute privilege protect the defendant regardless of his intent? a. Statements regarding a third party made between spouses when they are alone. b. Statements made by members of Congress on the floor of Congress and by members of state and local bodies. c. Statements made by participants in a judicial proceeding regarding that proceeding. d. All of these are correct.

d. All of these are correct.

What issue did the court consider in White v. Samsung Electronics? a. Did Samsung cast a bad light on Vanna White through the publicity of its campaign with her likeness? b. Was Vanna White a celebrity with the right of protection of her identity? c. Did Samsung exploit the value of Vanna White's identity without her consent? d. Should Samsung have paid Vanna White money after the fact of using her identity without her permission?

c. Did Samsung exploit the value of Vanna White's identity without her consent?

In the matter of Frank B. Hall & Co., Inc. v. Buck, the court considered what issue? a. Did the Hall employees like Larry Buck as a fellow employee? b. Did the Hall employees make the statements against Buck with malice? c. Is communication of defamatory statements made to another without inducement sufficient to support "publication" as an essential element of the tort? d. Were the statements made by the Buck employees protected by the First Amendment?

c. Is communication of defamatory statements made to another without inducement sufficient to support "publication" as an essential element of the tort?

What was the holding by the U.S. Supreme Court in the Nitro-Lift Technologies, LLC v. Howard case? a. Arbitration is not favored in the United States. b. State courts may decide issues regarding the validity of the contract in the first instance. c. The arbitrator should resolve attacks on the validity of the contract in the first instance, not a federal or state court. d. Arbitration is not favored in the United States.

c. The arbitrator should resolve attacks on the validity of the contract in the first instance, not a federal or state court

"Factual cause" in negligence cases is also known as: a. The matter-of-fact test. b. The true-cause test. c. The but-for test. d. The foreseeability test.

c. The but-for test.

Which of the following is correct with respect to the reasonable person standard when there is an emergency? a. The court will not consider the fact that an emergency existed at the time. b. The court will assume that the defendant's own negligent conduct created the emergency. c. The court will take into consideration the fact that he was at the time confronted with a sudden and unexpected emergency. d. All of these are correct.

c. The court will take into consideration the fact that he was at the time confronted with a sudden and unexpected emergency.

If the Supreme Court of the U.S. is examining state legislation under provisions of theU.S. Constitution, the Constitution would be paramount under what principle? a. The principle of stare decisis would specify that state legislation is independent of the U.S. Constitution in areas of conflict b. The Court would apply the preponderance of the evidence to the matter to determine supremacy. c. The status of the U.S. Constitution of the supreme law of the land. d. The state legislation would be supreme to the U.S. Constitution under the principle of federalism

c. The status of the U.S. Constitution of the supreme law of the land.

Which of the following is a principal objective of tort law? a. To incapacitate individuals who are a risk of harm to others. b. To attach a penalty to the person for the tortious behavior. c. To compensate persons who sustain harm or loss resulting from another's conduct. d. To deter onlookers from committing tortious behavior in the future.

c. To compensate persons who sustain harm or loss resulting from another's conduct.

If the case of Johnson v. Texas was decided by the United States Supreme Court, where would the opinion of the court be published? a. Atlantic Reporter b. South Western Reporter c. U.S. Supreme Court Reports d. Pacific Reporter.

c. U.S. Supreme Court Reports

The Supreme Court examined what issue in the Mims v. Arrow Financial Services, LLC case? a. Whether an arbitrator should be appointed in cased originating under the Telephone Consumer Protection Act of 1991. b. Whether the Due Process Clause of the Constitution compelled the lower court to dismiss the case due to a lack of jurisdiction. c. Whether federal courts retain jurisdiction over causes of action created by federal law. d. Whether actions under the Telephone Consumer Protection Act are best brought to a mediator before being filed in court.

c. Whether federal courts retain jurisdiction over causes of action created by federal law.

In the World-Wide Volkswagen Corp. v. Woodson case, the Supreme Court examined what issue? a. Whether a business must solicit business in a particular state, either through salespersons or advertising, in order to be subject to the jurisdiction of that state's courts. b. Whether the occurrence of an accident within a certain state is a sufficient circumstance for that state to exercise jurisdiction over the parties. c. Whether in order for a state to exercise jurisdiction over the parties to a lawsuit, there must be sufficient minimal contacts between the defendant and the state. d. Whether the Due Process Clause of the Constitution was violated because of inadequate notice to the defendant.

c. Whether in order for a state to exercise jurisdiction over the parties to a lawsuit, there must be sufficient minimal contacts between the defendant and the state.

After reviewing the chapter, how would you compare the business law topics governed by the common law versus those that are governed largely by statute? a. All matters of commercial law are governed by treaties in the United States. b. While some business law topics are governed by statutory law, most areas of commercial law have remained governed by common law. c. While some business law topics still are governed by common law, most areas of commercial law have become largely statutory. d. All matters of commercial law are governed by the Uniform Commercial Code.

c. While some business law topics still are governed by common law, most areas of commercial law have become largely statutory.

An example of criminal law is: a. a car crash lawsuit resulting in monetary damages. b. a divorce. c. a murder conviction. d. the probate of a will.

c. a murder conviction.

The tort of abuse of process can be filed: a. only when the plaintiff or prosecution loses the preceding litigation. b. only after a criminal action. c. after the plaintiff or prosecution used a legal proceeding (criminal or civil) to accomplish a purpose for which the proceeding was not designed. d. All of these are correct.

c. after the plaintiff or prosecution used a legal proceeding (criminal or civil) to accomplish a purpose for which the proceeding was not designed.

A demurrer is: a. a legal pleading that contains denials, admissions, affirmative defenses, and counterclaims. b. a pleading that is a statement of the initial claim against the defendant. c. an assertion that even if the plaintiff's allegations are true, the plaintiff would not be entitled to a remedy. d. a judgment against a defendant who fails to respond to a complaint.

c. an assertion that even if the plaintiff's allegations are true, the plaintiff would not be entitled to a remedy.

The intentional conduct by one person directed at another that places the other in apprehension of imminent bodily harm or offensive contact is the tort of: a. battery. b. intrusion. c. assault. d. intentional infliction of emotional distress.

c. assault

The injurious falsehood which imposes liability upon one who publishes a false statement that results in harm to another's monetary interests, is the tort of: a. defamation. b. fraudulent misrepresentation. c. disparagement. d. false light.

c. disparagement.

The pure comparative negligence doctrine is applied by some states to: a. eliminate recovery for plaintiffs that failed to exercise reasonable care. b. encourage plaintiffs not to file suit if they made poor choices. c. divide the damages between the parties according to their fault. d. All of these are correct.

c. divide the damages between the parties according to their fault.

Like the President of the United States, the governor of most states has the authority to issue laws, which are called: a. Restatements of law. b. statutes. c. executive orders. d. codes.

c. executive orders.

Merchants who detain shoppers suspected of shoplifting are protected in most states by statutes as long as the merchant detains the suspect with all of the following, except: a. for no more than a reasonable amount of time. b. in a reasonable manner. c. on camera. d. with probable cause.

c. on camera.

The first hearing of a lawsuit after discovery but before trial is the: a. peremptory challenge stage. b. jury selection. c. pretrial conference. d. offer of proof stage.

c. pretrial conference.

The remedies available to a judge of an equity court include all of the following except: a. reformation. b. specific performance. c. stare decisis. d. injunction.

c. stare decisis.

Arny and Brent are both residents of Indiana, but they have a dispute regarding some land located in Kentucky. Able files a lawsuit in Kentucky regarding the land and Baker objects, claiming the Kentucky courts have no jurisdiction. In this case: a. only the Indiana courts can hear the case. b. the Kentucky federal district court can hear the case based upon diversity of citizenship. c. the Kentucky courts have in rem jurisdiction to adjudicate the claim regarding the property. d. the Indiana federal district court can hear the case based on diversity of citizenship.

c. the Kentucky courts have in rem jurisdiction to adjudicate the claim regarding the property.

Taylor is called for jury duty. However, the defendant's attorney decides to have him removed from the jury pool because he wants the jury to be comprised of predominantly African Americans. In this case: a. the attorney will succeed in keeping Taylor off the jury because his defendant is an African American. The attorney may use his unlimited number of challenges for cause because of the potential for racial discrimination on the part of Taylor. b. a judge may not invade the privacy of an attorney's theory of a case as manifested in peremptory challenges. c. the defense attorney's use of the peremptory challenge to exclude Taylor from the jury could be successfully contested and disallowed because it is unconstitutional. d. the defendant's attorney will succeed in keeping Taylor off the jury because he has a limited number of peremptory challenges for which no cause is required to disqualify a juror.

c. the defense attorney's use of the peremptory challenge to exclude Taylor from the jury could be successfully contested and disallowed because it is unconstitutional.

Hannah was awarded $5 million in damages in a malpractice case against Batlock, the lawyer. The lawyer's attorney filed a motion for a judgment notwithstanding the verdict. The motion may be granted if: a. the trial was unfair. b. an appeal would be denied. c. the evidence is so clear that reasonable people could not differ as to the outcome of the case. d. the damages are excessive.

c. the evidence is so clear that reasonable people could not differ as to the outcome of the case.

Lexy, an attorney, has a case that was recently heard by the United States Court of Appeals. She would like to have the United States Supreme Court hear the case. One way by which the U.S. Supreme Court may review the case is by: a. en banc appeal. b. long-arm statute. c. writ of certiorari. d. forum non conveniens.

c. writ of certiorari.

Fraudulent misrepresentation imposes liability for: a. monetary loss. b. justifiable reliance. c. a misrepresented fact intentionally made for the purpose of inducing the person to rely on it. d. All of these are correct

d. All of these are correct

With respect to the tort of trespass to personal property, liability is limited to which of the follow instances? a. The trespasser dispossesses the other of the personal property. b. The trespasser substantially impairs the condition, quality, or value of the property. c. The trespasser deprives the possessor of the use of the property for a substantial time. d. Any of these are correct.

d. Any of these are correct.

Alexandra has been sued by Wendy for failure to pay rent for their apartment. Which body of law will govern the lawsuit? a. Supreme law. b. Administrative law. c. Criminal law. d. Civil law.

d. Civil law.

Roger fires a gun in the middle of the desert. He intends to fire the gun, but has no reason to believe anyone else is in the area. Little does Roger know, but Dalton is standing in the distance and can see Roger aim the gun in his direction. Seeing this causes Dalton fear of imminent injury. If the bullet hits Dalton: a. Dalton can sue Roger for the tort of battery. b. Dalton can sue Roger for the tort of assault. c. Roger has committed the tort of intentional infliction of emotional distress. d. Dalton can sue Roger for both assault and battery.

d. Dalton can sue Roger for both assault and battery.

In the matter of Texaco, Inc. v. Pennzoil, Co.,what issue did the court consider? a. Did Texaco exercise intentional dominion over the control of Getty's Pennzoil stock without their knowledge? b. Did Texaco disparage Pennzoil to Getty in reckless disregard of the truth or falsity of the statements? c. Did Texaco institute wrongful civil proceedings in an effort to get Getty to transfer his interest in the Pennzoil stock? d. Did Texaco actively persuade Getty and the Getty Museum to sell their shares of Getty Oil after had entered into a contract for sale to Pennzoil?

d. Did Texaco actively persuade Getty and the Getty Museum to sell their shares of Getty Oil after had entered into a contract for sale to Pennzoil?

A decision of one of the U.S. District courts would be recorded in the: a. Federal Reporter. b. Supreme Court Reporter. c. North Western regional reporter. d. Federal Supplement.

d. Federal Supplement.

Congress passed the Consumer Protection Act (CPA), which prohibited abusive acts by telemarketers toward consumers. The CPA allows consumers to sue in state district court under the law. Jerry filed suit against Expressive Ads, Inc., a general telemarketing company, pursuant to the CPA in the federal district court of the North District of Texas. Expressive Ads, Inc. filed a motion for summary judgment alleging that the federal district court lacked jurisdiction because under the law, Jerry should have filed his lawsuit in state district court. If the court denies summary judgment, what is the best reason for its decision? a. The Federal Arbitration Act controls the court's jurisdiction. b. Federal courts have larger jurisdiction that state courts. c. Federal court has in rem jurisdiction over Expressive Ads, Inc. d. Federal courts have jurisdiction over claims that arise under federal law, absent any displacement of the federal-question jurisdiction.

d. Federal courts have jurisdiction over claims that arise under federal law, absent any displacement of the federal-question jurisdiction.

Sources of state law include all but which of the following? a. Rules of state administrative agencies. b. Decisions of state courts. c. Executive orders of the Governor. d. Hearings before Congress.

d. Hearings before Congress.

Which of the following is a special relationship giving rise to a duty to act to aid or protect one in peril? a. Hotel and guest b. Cousin to cousin c. School principal and student d. Hotel and guest, and school principal and student

d. Hotel and guest, and school principal and student

Next month, Mexico seeks to enter into a treaty with the State of Texas over water rights involving the Rio Grande. Is this treaty constitutional under the U.S. Constitution? a. No, unless it is entered into directly between the President of Mexico and Governor of Texas. b. Yes, because Mexico is an independent nation. c. Yes, because Mexico and Texas share the Rio Grande as a boundary. d. No, a treaty is an agreement among independent nations and Texas is not an independent nation.

d. No, a treaty is an agreement among independent nations and Texas is not an independent nation.

The "discovery" stage of a trial includes all but which one of the following? a. Production of documents. b. Written interrogatories. c. Depositions. d. Summary judgment.

d. Summary judgment.

When applying substantive law the court considers what sort of legal rights? a. The rules of procedure that spells out the method to obtain a remedy in court. b. The Restatements of the law created by the ALI. c. The agreements between or among independent nations. d. The rules that regulate legal rights, such as contract law under a binding contract.

d. The rules that regulate legal rights, such as contract law under a binding contract.

The doctrine of res ipsa loquitur would permit the court to infer negligence in which of the following situations? a. A chair broke when a customer sat down on it, but the customer wasn't injured. b. A chandelier fell on a patron's head in the restaurant dining room. c. A golfer on a golf course was hit in the head with a stray shot golfball. d. The situations with a chandelier falling and the golfer are both correct

d. The situations with a chandelier falling and the golfer are both correct

Melissa and Mary are next-door neighbors in a densely-populated residential neighborhood. One day, Melissa begins to drill on her property in search of oil and gas beneath the land's surface. During the process, Melissa's drilling emits unpleasant odors, dust, and loud noises from sunrise until sunset onto Mary's property. Since the drilling commenced, Mary has had trouble sleeping and developed a persistent, nagging cough. If Mary sues Melissa for the tort of nuisance, is Melissa liable? a. No, so long as Melissa obtained permitting from the appropriate authorities. b. No, Mary must learn to live with Melissa's drilling. c. No, Melissa is free to do with her land as she pleases. d. Yes, because Melissa's drilling has significantly and unreasonably disturbed Mary's use and enjoyment of her land

d. Yes, because Melissa's drilling has significantly and unreasonably disturbed Mary's use and enjoyment of her land

Wendy sued Greg for a breach of contract, but the trial court found in favor of Greg. If Wendy chooses to appeal her case, her party status on appeal is known as: a. loser. b. appellee. c. defendant. d. appellant.

d. appellant.

Roger and Larry are having a dispute regarding their joint business. They want to have a binding resolution to their dispute, but they would prefer to have the dispute handled privately and by someone with special expertise. The best form of dispute resolution for their problem would be: a. a summary jury trial. b. mediation. c. litigation. d. arbitration.

d. arbitration.

Intent as used in the law of intentional torts requires an infant to be liable for their intentional torts, if: a. the infant's age is such that he can form the required intent. b. the infant's knowledge is such that he can form the required intent. c. the infant is at least sixteen years old. d. both the infant's age and knowledge are such that he can form the required intent.

d. both the infant's age and knowledge are such that he can form the required intent.

Steve had an insurance policy with Sentinel Insurance. He experienced a loss at his home due to a weather related claim. Sentinel Insurance denied coverage for the damage on Steve's house. A week later Steve threw a bomb into the office of his insurance agent, intending to kill the agent because the company had disallowed his claim. The agent wasn't in the building, but the bomb seriously injured his secretary, who was working in the office (and was unaware that Steve was outside the office at the time). Steve: a. has committed a crime and can only be sued for the tort if he is found guilty of the crime. b. cannot be liable for any torts because his aim was bad. c. has committed the tort of assault. d. can be sued by the secretary for her injuries based on an intentional tort cause of action because Steve's intent to harm the agent is transferred to the secretary.

d. can be sued by the secretary for her injuries based on an intentional tort cause of action because Steve's intent to harm the agent is transferred to the secretary.

Four sources of law in the U.S. legal system are: a. constitutional law, criminal law, civil law, and maritime law. b. federal law, state law, international law, and maritime law. c. statutory law, case law, equity, and common law. d. constitutional law, judicial law, legislative law, and administrative law.

d. constitutional law, judicial law, legislative law, and administrative law.

When a trial is conducted without a jury, the judge is called the: a. peremptory challenged. b. voir dire. c. law determiner. d. fact finder.

d. fact finder.

A photographer taking videos of a movie star with a cell phone would not be guilty of intrusion if the: a. videos were taken when the photographer entered the star's home through a gap in a privacy fence. b. movie star was in her dressing room at the time. c. photographer entered onto the movie star's property. d. movie star was having her star unveiled on the "Walk of Fame."

d. movie star was having her star unveiled on the "Walk of Fame."

The Hometown Gazette is the local paper in the town where Tim lives and attends college. One warm day, Sam decided to take a nap under a tree on campus. A photographer from the Hometown Gazette snapped a picture of Sam as he was sleeping under the tree on campus. They printed the picture on the front page of the paper. The caption under the picture was about the weather and did not mention Sam by name. The Hometown Gazette is liable for: a. disparagement. b. intrusion. c. appropriation. d. nothing.

d. nothing.

Helen is friends with Nuncio. Helen and Nuncio are in a general education class together at a local college. Nuncio did not call her to study for a test when he said he would. Helen sees Nuncio in class the next day, but he doesn't acknowledge her. Helen is so mad that she wrote a defamatory post on Nuncio's Facebook page. Five mutual friends "liked" Helen's post. Helen has committed: a. neither libel nor slander, because there has been no publication of the post. b. the opinion that Helen posted was a matter or absolute privilege. c. the tort of slander. d. the tort of libel.

d. the tort of libel.

Helen is friends with Nuncio. Helen and Nuncio are in a general education class together at a local college. Nuncio did not call her to study for a test when he said he would. Helen sees Nuncio in class the next day, but he doesn't acknowledge her. Helen is so mad that she wrote a defamatory post on Nuncio's Facebook page. Five mutual friends "liked" Helen's post. Helen has committed: a. the opinion that Helen posted was a matter or absolute privilege. b. neither libel nor slander, because there has been no publication of the post. c. the tort of slander. d. the tort of libel.

d. the tort of libel.