Business Law Midterm Practice Exam Q's

Ms. Lady Salsa files a suit against Mr. Stan Broom. Stan denies Lady's charges and sets forth his own claim that Lady breached their contract and owes Stan money for the breach. This is most likely...

A counterclaim

Wynn sues Ako. During discovery Wynn's attorney places Ako under oath. A court reporter takes record of the attorney's questions and Ako's answers. This is...

A deposition If they were written statements, then it would be an interrogatory.

After her unsuccessful run for Cook County State's Attorney, Alicia Florrick re-enters private practice. She is hired by Ken Milani, a resident of South Bend, Indiana, on a contingency fee basis to seek $100,000 in damages in a personal-injury suit against Cubs Co., which is based in Illinois and for 108 years has manufactured and sold products that are sometimes poorly made. Ken wins. He must pay...

Alicia's fee, court fees, and other expenses

T/F: In Case 9.3, In re O'Brien, the court overruled the administrative law judge's termination of the employee, because 1st Amendment rights are paramount in our society.

FALSE

T/F: Morgan is the president of Ryan Foods Corporation, a wholesale grocery company. An inspection by Roberto, a government agent, uncovers unsanitary conditions caused by Brock, a Ryan Foods employee, in the company's warehouse. Matt, a Ryan Foods vice president, assures Roberto that the situation will be corrected, but a later inspection reveals no such corrections. Ryan Foods is most likely not criminally liable under these circumstances because it was Brock who failed to perform his duties, and not the corporation that failed to perform its duties.

FALSE

T/F: Under the U.S. Constitution, a suspect cannot be tried twice in a federal and state court (once in a fed, once in a state court) for the same crime.

FALSE

T/F: Uniform laws apply in all states, including those in which the laws have not been adopted.

FALSE

T/F: While studying for his BLAW Exam, old Charles Prince reviews his case brief from 'old' case 2.1, Bickford v. Onslow Memorial Hospital Foundation. His brief states that the case was initially brought in federal court in Maine (and ultimately decided on appeal by the U.S. Supreme Court) because it involved diverse parties from two different states, North Carolina and Maine. Charles briefed the case correctly.

FALSE

T/F: While studying for their BLAW exam, Elizabeth tells her sister Jasmine that an act that causes indignity is generally sufficient to recover for infliction of emotional distress. Jasmine disagrees. Elizabeth is most likely correct.

FALSE

T/F: While studying for their exam, Jingjing reviews his notes and recalls that under the Articles of Confederation, the states passed laws that hindered commerce. Consequently, according to Professor Blevey, when members of the Constitutional Convention drafted the Commerce Clause of the U.S. Constitution in response, they drafted the clause so that it expressly excludes state regulation of commerce. Blevey is most likely right.

FALSE

T/F: With the passage of the Communications Decency Act of 1996, Congress sought to encourage the success of the Internet by limiting the tort liability of ISP's. More specifically, under the Act, generally speaking ISPs cannot be held liable in tort for disseminating their own defamatory remarks.

FALSE

T/F: Danny files a suit in a state court against Ally, and wins. Ally appeals the court's decision, asserting that the evidence presented at trial to support Danny's claim was so scanty that no reasonable jury could have found for the plaintiff. Therefore, argues Ally, the appellate court should reverse the trial court's decision. Contrary to Ally's position, however, (1) an appellate court is generally not in a good position to assess facts (2) consequently, it solely decides issues of law (3) therefore, it will never reverse a lower court's decision on the basis of the facts

FALSE "clearly erroneous"

T/F: Ms. Brienne Tarth files a suit in a state court against Mr. Roose Bolton and wins. Bolton appeals the court's decision, asserting that the evidence presented at trial to support Tarth's claim was so scanty that no reasonable jury could have found for the plaintiff. Therefore, argues Bolton, the appellate court should reverse the trial court's decision. Contrary to Bolton's position, however, an appellate court solely decides issues of law and therefore will never reverse a lower court's decision on the basis of the facts.

FALSE "clearly erroneous"

T/F: In Case 4.3, Bad Frog Brewery v. NYSLA, the court held that because the State of New York had a compelling interest in protecting children, Bad Frog Brewery could no longer use a frog "giving the finger" on its label.

FALSE Bad Frog was allowed to use its label; the court thought that removing a "few offensive grains of sand from a beach of vulgarity" was not enough to qualify as a substantial interest.

T/F: Congressman Frank Underwood murders reporter Zoe Barnes by intentionally pushing her off a platform in a DC metro station into the path of a passing train. Barnes' estate sues Underwood. In such a case, the estate would most likely bear the burden of proving the murderer Underwood is liable beyond a reasonable doubt.

FALSE Beyond a reasonable doubt is a criminal case For civil cases, a preponderance of the evidence is required

T/F: Mr. Jimmy Buckets cuts his son Mr. Johnny Buckets out of his will. Johnny murders his father by intentionally shooting him with a crossbow. Jimmy's estate sues Johnny for wrongful death, seeking compensatory damages for this terrible act. Generally speaking, compensatory damages are designed to compensate a plaintiff for the reprehensible nature of the defendant's conduct.

FALSE Compensatory damages is money awarded to a plaintiff to compensate for damages, injury, or another incurred loss. Compensatory damages are awarded in civil court cases where loss has occurred as a result of the negligence or unlawful conduct of another party. Punitive damages are appropriate only when the defendant's conduct was particularly egregious or reprehensible. Reprehensible = Extremely bad, deserving punishment

T/F: In Case 6.2, Palsgraf v. Long Island Railroad Co., the court held that because the railroad's employees were negligent in helping a man with a parcel on to a train, the railroad was liable for Mrs. Palsgraf's injuries as they resulted from the railroad's negligence.

FALSE Fireworks inside the unmarked parcel were not foreseeable. Proximate cause does not exist if the consequences of a harm done are unforeseeable.

T/F: In Case 2.1, Bickford v. Onslow Memorial Hospital Foundation, Inc., the Maine Supreme Court concluded that under the facts presented, a Maine trial court could not exercise jurisdiction over a non-resident defendant. Only two parts of the three-part test for asserting jurisdiction had been satisfied. In this case, it was fundamentally unfair for a Maine court to exercise jurisdiction over a NC hospital that did not do business in Maine.

FALSE First of all, a Maine Supreme Court would generally deal with issues of law, not fact. Secondly, in the case, the Maine Court did conclude that it could exercise jurisdiction over the hospital.

T/F: One of the requirements for a suit based on strict liability is a failure to exercise due care.

FALSE For strict product liability, it is liability regardless of fault Negligence requires proof of a failure to exercise due care.

T/F: Mr. Jimmy Buckets cuts his son Mr. Johnny Buckets out of his will. Johnny carefully plots and kills his father by intentionally shooting him with a crossbow, committing the crime of first degree murder. Jimmy's estate sues Johnny for wrongful death. In such a case, the estate would most likely bear the burden of proving that the murderer Johnny is liable beyond a reasonable doubt.

FALSE In a civil case, you just need a preponderance of the evidence.

T/F: The Honorable Tywin Lannister is a state court judge. Stare decisive is a doctrine obligating judges like Judge Lannister to follow precedents in similar cases established in other states.

FALSE The judge of one state does not have to follow the precedent of the judge in another state.

T/F: In Case 6.1, McKee v. Laurion, the Supreme Court of Minnesota ruled in favor of McKee (the doctor) because Laurion's (the patient's son's) online postings contained inaccuracies in statements attributed to McKee that tended to harm McKee's reputation as a doctor.

FALSE Truth is absolute defense

T/F: A state supreme court rules against Brandon in his case against Connor Wilson. Brandon seeks to file an appeal with the U.S. Supreme Court. The Supreme Court denies certiorari. The Supreme Court's action means that the state supreme court's decision is the law in that state only.

TRUE

T/F: After her unsuccessful run for Cook County State's Attorney, Alicia Florrick re-enters private practice and represents a former company VP fired for failing a polygraph. She files a suit in a state court on behalf of the fired VP against the company. The company files a motion for a directed verdict at the conclusion of the plaintiff's case. In considering the motion, a judge will most likely look at the evidence in the light most favorable to the plaintiff and grant the motion only if there is insufficient evidence to raise an issue of fact.

TRUE

T/F: Early in his career, Peter Florrick is an Assistant State's Attorney in Illinois. He is surprised when he receives from his boss his next assignment: a copy of a complaint from the State of Michigan suing the State of Illinois in the U.S. Supreme Court. Although primarily an appellate court, the U.S. Supreme Court does have original jurisdiction in rare instances, for example when one state is suing another.

TRUE

T/F: In Case 6.2, Palsgraf v. Long Island Railroad, the actions of the railroad employees may have been the cause in fact of Palsgraf's injuries, but they were not the proximate cause of Palsgraf's injuries.

TRUE

T/F: Joe makes and distributes copies of Mikey, a movie copyrighted by Fighting Irish Corporation, without FIC's permission. Depending on the specific facts, Joe may be liable for damages, fines, or imprisonment.

TRUE

T/F: Mr. Jimbo Fisher is on trial for the murder of Mr. Francis Eaton in state court. If this state is like most states, during jury selection, Tyrion's lawyer will be able to request successfully, without providing a reason, that a limited number of individuals not be sworn in as jurors.

TRUE

T/F: Peter Florrick, a citizen of the State of Illinois, wants to run for Governor, but he thinks he needs to lose weight to enhance his image. While at a Chicago barbershop, Peter seeds an ad for Weight-Be-Gone in Sports Illustrated. WBG is made by Quik Results, Inc., an Idaho corporation. Peter pulls out his phone, calls the nationwide toll free number in the ad, and order a one-month WBG subscription. Within 10 days of beginning WBG, Peter suffers internal injuries. Alleging that the injuries are caused by WBG, Peter files a suit against Quik in an Illinois state court seeking damages of less than $75,000. Quick asks the court to dismiss the suit on the ground that it does not have personal jurisdiction over Quik, a citizen of Idaho. The court will most likely refuse to dismiss the suit and allow the action to proceed, because Quik advertised and solid its product WBG in Illinois to Illinois residents and thus subjected itself to being sued in Illinois.

TRUE

T/F: Picking pockets is typically not robbery.

TRUE

T/F: To have standing to sue, typically a party must have been injured by the action about which he or she is complaining.

TRUE

T/F: A few years ago, The Observer reported a rash of auto break-ins in the parking lot of the Linebacker Inn. Several of the crimes involved physically breaking into and entering the autos to steal purses (left on the seat or the floor of the car). In most states, stealing these purses from these autos is the crime of larceny, but not the crime of burglary.

TRUE Burglary has to be a building/dwelling. Cars don't count, so it would be larceny.

T/F: Zack Florrick is taking Business Law at Georgetown. Having studied various schools of jurisprudence in the course, he feels very strongly that the written law of a particular society at a particular time is most significant. Of the schools of jurisprudence we have studied, Zack is most likely a legal positivist.

TRUE Legal positivism- No law higher than those created by the national government; the laws must be obeyed and they are the most important

T/F: Maggie is the president of Pasquerilla Produce Corporation, a wholesale grocery company. An inspection by Sean, a government agent, uncovers unsanitary conditions caused by Chris, a Pasquerilla employee, in the company's warehouse. Andre, a Pasquerilla VP, assures Sean that the situation will be corrected, but a later inspection reveals no such corrections. Maggie knows nothing about any of this. When charged with a crime, she asserts "I can't be guilty of a crime; I lacked the requisite intent." Even though Maggie did not know about the crime, she may be held personally liable because as president she most likely had the authority and the responsibility to deal with the situation.

TRUE Reasonable Corporate Officer doctrine

T/F: Sammy Tangley, a programmer for Night's Watch Computer Security, Inc. is approached by police in his employer's parking lot. The police suspect he may be involved in a recent crime. Generally speaking, the police must inform Sammy of his right to remain silent when they arrest him or take him into custody and interrogate him, but not if they question him in the parking lot.

TRUE This was also a poll question....only have to inform of Miranda Rights when a suspect is arrested or taken into custody and interrogated.

Ms. Ella Sand, who is charged with a crime, claims that Mr. Donovan Mitchell, a government agent, entrapped her. For entrapment to be a valid defense a. Ella must not have been predisposed to commit the crime b. Ella must have been under duress c. Donovan must have offered immunity d. all of the above e. a and b

a. Ella must not have been predisposed to commit the crime

Mr. Jon Snow files against Thor. The discovery phase would include all of the following except a. Snow's complaint b. Snow's deposition c. Snow's requests for Thor's admissions d. King's replies to Snow's interrogatories e. none of the above (all of the above are forms of discovery)

a. Snow's complaint The complaint is part of the first step, the pleadings!

To find criminal liability, most crimes require a. a specified state of mind and performance of a prohibited act b. a specified state of mind only c. neither a specified state and performance of a prohibited act d. performance of a prohibited act only

a. a specified state of mind and performance of a prohibited act mens rea and actus reus

Congress enacts the Too Much Money in Politics Act (TMMPA) of 2016 to ban corporations from making political contributions that individuals can make. A court would likely hold TMMPA to be a. an unconstitutional restriction of free speech b. constitutional under the First Amendment because political speech that would otherwise be protected by the First Amendment loses that protection if its source is a corporation c. justified by the need to protect individual rights d. necessary to protect state interests

a. an unconstitutional restriction of free speech

Mr. Tormund Giantsbane and his gang, The White Walkers, engage in a crime spree. He is charged with RICO offenses. Giantsbane may be subject to penalties under RICO only if he... a. committed two or more federal or state crimes enumerated under the RICO statute b. has never been convicted of a crime c. intends to commit future RICO offenses d. was previously convicted of a crime

a. committed two or more federal or state crimes enumerated under the RICO statute

The Honorable Peter Balish is a state court judge. If the law of Judge Balish's state is like that of most states, Judge Balish may grant a. equitable and legal remedies b. equitable remedies only c. legal remedies only d. neither equitable nor legal remedies

a. equitable and legal remedies

Mr. Ned Stark accuses Ms. Cici Dam of fraud. Normally, the reliance that gives rise to fraud is based on a statement of.... a. fact b. hearsay c. law d. opinion e. puffery

a. fact

Inventor Liam Payne develops a new type of steel, which is remarkably effective in extremely cold weather. He instantly names his new product "Nairylav" brand steel. Payne should probably seek trademark protection in the name Nairylav, which will undoubtedly become a valuable product, as winter is coming. Nairylav will make a strong trademark because it is a. fanciful b. arbitrary c. suggestive d. descriptive e. a and b

a. fanciful An arbitrary trademark is a word or image that already exists, but it has nothing to do with the business that uses it. Apple Computers is one of the classic examples, since iPhones and laptops have nothing to do with fruit or cider.

Mr. Walder Frey pushes Mr. Rob Stark. Rob falls and breaks his arm. Walder is liable for the injury.... a. if Walder intended to push Rob b. only if Walder did not intend to break Rob's arm c. only if Walder had a bad motive for pushing Rob d. only if Walder intended to break Rob's arm

a. if Walder intended to push Rob

A state trial court has before it Baratheon v. Bolton, a case of first impression. Generally speaking, the court can a. not refuse to decide the Baratheon case b. postpone deciding Baratheon indefinitely c. postpone deciding Baratheon until there is binding authority d. refuse to decide Baratheon

a. not refuse to decide the Baratheon case

Pete Florrick, Governor of Illinois, signs into law a bill passed by the Illinois General Assembly, to regulate local delivery services. The final authority regarding the constitutionality of this law is a. the judicial system b. the President of the USA c. the Governor of Illinois d. the U.S. Congress e. the Illinois General Assembly

a. the judicial system

Mr. Tom Greyjoy files a suit against Dreadfort Enterprises, Inc. in a Minnesota state court. Dreadfort's only connection to Minnesota is an ad on the Web originating in Texas. For Minnesota to exercise jurisdiction, the issue is whether Dreadfort's ad represents a. commercial cyber presence in Minnesota b. general conduct in Minnesota c. sufficient minimum contacts with Minnesota d. virtual business solicitations with Minnesota e. interstate commerce under the U.S. Constitution's Commerce Clause

c. sufficient minimum contacts in Minnesota

In an emergency situation, Ashley, an emergency medical technician, voluntarily renders aid to Sean, who needs help. Sean would most likely be prohibited from suing Ashley for negligence under a. any circumstances b. the danger invites rescue doctrine c. the Good Samaritan statute d. a social host statute e. no circumstances

c. the Good Samaritan statute

Ms. Margaret Tyrell claims that a state statute infringes on her "substantive due process" rights. This claim focuses on a. procedures used in making decisions to take life, liberty, or property b. the similarity of the treatment of similarly situated individuals c. the content, or substance, of the statute d. the steps to be taken to protect Ms. Tyrell's privacy e. a, b, and c

c. the content, or substance, of the statute Substantive due process, in United States constitutional law, is a principle allowing courts to protect certain fundamental rights from government interference, even if procedural protections are present or the rights are not specifically mentioned elsewhere in the US Constitution.

Kev, a resident of Alumni, Minnesota, wants to enforce certain rights that he has under a contract with Lou Services Company, which is headquartered in Duncan, Louisiana. A Louisiana state court is most likely to enforce such rights under.... a. no provision in the U.S. Constitution b. the commerce clause c. the full faith and credit clause d. the privileges and immunities clause e. the equal protection clause, because a state court should give equal protection to contracts entered into by citizens of every state

c. the full faith and credit clause

The U.S. Congress enacts a new federal statute that sets different standards for the liability of businesses selling defective products (from those standards set forth in some state laws). This statute applies: a. only to matters not covered by state law b. only to those states that adopt the statute c. to all of the states d. to none of the states e. none of the above

c. to all of the states

Isaiah Thomas is a state court judge. Like other judges, IT often refers to secondary sources of law for guidance. These sources include... a. other states' statutes b. Restatements of the Law c. regulations d. the U.S. Constitution

b. Restatements of the Law

Mr. Adam Tree (1) retires from politics; (2) sells speaking and consulting services under his nickname "The Mad King"; (3) registers "The Mad King" as a service mark; and (4) registers a website, TheMadKing.com, to further the sale of those services. TheMadKing.com is an interactive website; on the chat board, Tyrone Lannister posts a defamatory remark about Ed Stark. Ed could successfully file a defamation suit against a. Adam Tree only b. Tyrone Lannister only c. Both Adam and Tyrone d. Neither Tyrone nor Adam

b. Tyrone Lannister only

To prepare for a trial between Ms. Denise Taco in a case against Mr. Hal du Lac, during discovery Denise's attorney places Hal under oath. A court reporter makes a record of the attorney's questions and Hal's answers. This is a. a cross-examination b. a deposition c. a request for production of documents d. an interrogatory e. a direct examination

b. a deposition A deposition is an oral sworn statement, or answers to questions, posed at a deposition. An official court reporter will be present to record the testimony. Interrogatories are written, sworn responses to a question or a number of questions included in the opposing counsel's list of interrogatories

The Honorable Jaime Lannister is a state court judge. Judge Lannister decides cases that involve principles of administrative law, case law, civil law, and statutory law. Common law is a form of a. administrative law b. case law c. civil law d. statutory law

b. case law

Mr. Bowen Marsh hires Mr. Jon Snow of Night's Watch Security, Inc. to guard his home. Marsh's home is broken into by the White Walkers, a local organized crime family. Marsh files a suit against Snow based on Snow's alleged negligence. Normally, an award in such a suit consists of: a. comparative damages b. compensatory damages c. contributory damages d. punitive damages e. b and d

b. compensatory damages

Mr. Ivan Mopatis and Mr. Vincent Tamen are clerks at Dragons Unlimited, a purveyor of exotic animals. Ivan steals 3 very expensive lizard eggs from Dragons Unlimited, in order to give them to Vincent's sister as a wedding present. In a subsequent civil suit by Dragons Unlimited, the court would most likely rule that Ivan is liable for... a. appropriation b. conversion c. larceny d. wrongful interference with a business relationship e. b and c

b. conversion

Mr. High Sparrow makes and distributes copies of War of the Five Kings, a movie copyrighted by Faith of the Sevens Corporation, without Faith's permission. Depending on the specific facts of the case, Sparrow may be liable for a. damages only b. damages, fines, or imprisonment c. fines or imprisonment only d. nothing

b. damages, fines, or imprisonment

Sabrina was a reporter for The Asbury Park Press before leaving to join the online newspaper nj.com. She goes undercover to report on organized crime, but is charged with a crime herself. Sabrina claims the defense of mistake. A mistake of fact most likely is a defense a. if the law was not reasonably made known to the public b. if the mistake negates the mental state necessary to commit a crime c. if the perp was intoxicated d. under any circumstances e. if members of law enforcement mistook her for a criminal

b. if the mistake negates the mental state necessary to commit a crime

Mr. Ted Greyjoy, a resident of NJ, has an automobile accident with Mr. Reese Bolton, a resident of NY, while driving through NY. Mr. Bolton files a suit against Mr. Greyjoy in New York state court seeking $75,001 in damages. Regarding Mr. Greyjoy, the court has a. diversity jurisdiction b. in personam jurisdiction c. in rem jurisdiction d. subject-matter jurisdiction e. a and b

b. in personam jurisdiction Personal jurisdiction refers to the power that a court has to make a decision regarding the party being sued in a case. Before a court can exercise power over a party, the U.S. Constitution requires that the party has certain minimum contacts with the forum in which the court sits. In rem jurisdiction is a lawsuit against an item of property, not against a person (in personam). If this was a federal court, the court would have subject-matter jurisdiction, specifically diversity jurisdiction.

In newspaper ads, VT Horses falsely accuses Drogo Camels, a competitor, of selling stolen camels. Drogo's sales decrease. VT Horses has most likely committed a. slander of quality b. slander of title c. wrongful interference with a contractual relationship d. a and b e. none of the above

b. slander of title Slander of title is the publication of a statement that denies or casts doubt on another's legal ownership of any property, causing financial loss to that property's owner. Also called trade libel. Slander of quality is the publication of false information about another's product, alleging that it is not what its seller claims.

After her unsuccessful run for Cook County State's Attorney, Alicia Florrick re-enters private practice. She is hired by Ken Milani, a resident of South Bend, Indiana, on a contingency fee basis to seek $100,000 in damages in a personal-injury suit against Cubs Co., which is based in Illinois and for 108 years has manufactured and sold products that are sometimes poorly made. Alicia files a suit against Cubs on Ken's behalf. During the trial, Cub's attorney questions the plaintiff's witness Mike Meyer. Generally speaking, Mike, who is not an expert in the matter about which he is being asked, can a. testify about any of the facts in the case b. testify about only what he personally observed c. offer his opinion about any of the evidence d. offer his conclusion with regard to the case

b. testify about only what he personally observed

Mr. Grant Master steals PNI's computer time and the use of PNI's phones. Master commits larceny when he steals a. the computer time only b. the computer time or the use of the phones c. neither the computer time nor the use of the phones d. the use of the phones only

b. the computer time and the use of the phones

America First, a U.S. aircraft designer and maker, files a suit against French Flight, a French aircraft designer and maker, for the infringement of IP rights under France's national laws. Under the TRIPS agreement, America First is entitled to receive a. better treatment than French Flight b. the same treatment as French Flight c. worse treatment than French Flight d. unlimited damages e. nothing

b. the same treatment as French Flight

Driving her car recklessly, Ms. Septa Unella crashes into a telephone pole. The pole falls, smashing through the roof of a house, killing Mrs. Hannah Worthington. But for Ms. Unella's recklessness, Mrs. Worthington would not have died. Regarding this death, the reckless driving is most likely the....

Cause in fact "But for" test

Philip Brainard, inventor of Flubber: (1) retires from teaching, (2) establishes secondary meaning in his name under which he sells scientific consulting services, (3) registers his name as a service mark, (4) registers a website, philipbrainard.com, to further his sale of those services. Philip wishes to send out emails to potential customers to dump up business. Federal law prohibits the sending of...

Commercial e-mail to randomly generated addresses These are called Dictionary Attacks

Mr. Adam Tree (1) retires from politics; (2) sells speaking and consulting services under his nickname "The Mad King"; (3) registers "The Mad King" as a service mark; and (4) registers a website, TheMadKing.com, to further the sale of those services. Adam wishes to send out emails to potential customers to drum up business. Federal law prohibits the sending of:

Commercial e-mail to randomly generated addresses, or dictionary attacks.

Some time ago, Mr. Ren Baratheon and Mr. Loras Tyrell tried to marry in Indiana after graduating from ND. They moved to Maine, because to their shame, Indiana would not recognize their proposed same-sex marriage. Once in Maine, Rea tried to buy a recreational dragon hunting license, but the state sought to charge him $250 because he had not yet established residency. The state charged residents only $25. Ren's attack of this state action- different prices for the license for residents v. non-residents- would probably be a. successful under the U.S. Constitution's Full Faith and Credit Clause b. successful under the U.S. Constitution's Commerce Clause c. successful under the U.S. Constitution's Privileges and Immunities Clause d. Successful under the U.S. Constitution's Supremacy Clause e. none of the above

e. none of the above It is not okay to charge residents $25 for a commercial fishing license but charge non-residents $2500 because it violates a basic economic right. However, in this case, Ren seeks a RECREATIONAL license, and this does not constitute as a basic, fundamental right.

Mr. Ball Greg invents, develops, and distributes a new armored helmet for use by the military, with revolutionary concussion-preventing technology. Ball markets the helmet under the name "Iron Island" brand helmets. Over a year later, Ned Stark buys one of the helmets, analyzes it, and produces and sells a clone of the product under the name "Winterfell" brand helmets. Ball files a suit against Ned, alleging versions of IP law. Based on these facts, Ball: a. is most likely to prevail because Ned has violated Ball's patent rights b. is most likely to prevail because Ned has violated Ball's trade secret rights c. is most likely to prevail because Ned has violated Ball's trademark rights d. a and b e. none of the above

e. none of the above There is no mention of our man Ball Greg getting a patent to protect his product, so "sucks to suck, bro." -JM

The Faceless Men, Inc. (FMI) uses a recording in its TV ads by Many-Faced God, a popular music group. For this use, FMI pays a fee to Mr. Jaqen H'ghar, the owner of the rights to the recording. Over time, the song comes to be associated with FMI's products. Members of Many-Faced God resent this association and sue FMI. Based on these facts, FMI has committed a. appropriation b. wrongful interference with a business relationship c. copyright infringement d. a and c e. none of the above

e. none of the above They paid a fee for the recording; it's not their fault the public associate the song with FMI

An Indiana state statute requires commercial vehicle drivers to "fully attend to the operation of the vehicle." Catherine, a driver for Fighting Irish Cab Company, is driving and talking on her cell phone when her cab collides with Max's car, injuring him. Max's best theory for recovery against Catherine and FICC is...

negligence per se

Peter Florrick, Governor of Illinois, is charged with several crimes arising out of allegations of political corruption. Criminal law is concerned with....

wrongs committed against the public as a whole

Mr. Olly Martin is the proprietor of Kings Landing, a popular restaurant overlooking Blackwater Bay, open Tuesday-Saturday. Olly decides to expand the restaurant's business by opening on Sundays for brunch, which offers his profit margins. Olly asks his chef Mr. Gregor Clean to work Sunday brunch. Gregor refuses on religious grounds, indicating that he cannot work as directed because Sunday is the sabbath in his conservative faith. Olly fires Gregor. Gregor sues for wrongful termination. Which of the following is/are true? a. employers are obligated to make reasonable accommodations for their employees' religious beliefs that are openly and sincerely held b. by requiring Gregor to work on Sundays, Olly effectively put him in a position of having to choose between his job and his religious principles c. a court would most likely rule for Gregor in this case d. all of the above e. a and b only

d. all of the above

Precise Engineering Corporation has a contract with Quik Mart Stores to provide customized software for Quik's inventory control system. Retail Outlets, Inc., Quik's competitor, induces Sam, a Precise subcontractor who is writing code for the Quik software, to delay delivery of the code for one week. As a result, Precise's delivery of the software is delayed, and Quik sustains $500,000 in lost profits. To be successful in an action against Retail Outlets based on wrongful interference with a contractual relationship, generally speaking, Quik must prove: a. Retail Outlets had knowledge of a valid, enforceable contract that is the subject of the claim b. Retail Outlets intentionally caused the breach of that contract for the purpose of advancing its interests. c. the breach of the contract injured Quik d. all of the above e. a and b only

d. all of the above

Philip Brainard invents flying rubber, which he would like to name after his son Robin. Recognizing that proper names do not make strong trademarks unless/until they acquire secondary meaning, he spells his son's name backwards and dubs his new product "Nibor". Nibor will make a strong trademark because it is: a. descriptive b. suggestive c. arbitrary d. fanciful e. c and d

d. fanciful

From a computer in a distant location, Christ searches Jon's personal computer without his permission. Chris is most likely liable for... a. appropriation b. conversion c. intentional inflection of emotional distress d. invasion of privacy e. no tort

d. invasion of privacy

A state supreme court rules against Mr. Jonah Mormon in his case against Mr. Brian Stanley. Jonah seeks to file an appeal with the U.S. Supreme Court. The Supreme Court denies certiorari. The Supreme Court's action a. is a decision on the merits with the value as a precedent b. indicates agreement with the state supreme court's decision c. means that the state supreme court's decision is the law in all states d. means that the state supreme court's decision is the law in that state only

d. means that the state supreme court's decision is the law in that state only

Mr. Donte Stallworth enters into a contract with Ms. Melissa Asshat. They agree to a contract that includes an arbitration clause. If a dispute arises, a court having jurisdiction will most likely... a. monitor any arbitration until it concludes b. order an arbitrator to rule in a particular way c. order a party to bring the dispute to court d. order a party to submit to arbitration

d. order a party to submit to arbitration

Kings Landing, Inc (KLI) develops a list of customers over time and at great expense. Thoros Myr Corporation (TMC) obtains and gives it employees KLI's list of customers without KLI's permission. Under the law that applies to trade secrets, TMC's use of the list is actionable a. only if TMC and KLI are competitors b. only if KLI's customers are confused c. only if TMC and KLI are competitors and KLI's customers are confused d. regardless of whether TMC and KLI are competitors or KLI's customers are confused

d. regardless of whether TMC and KLI are competitors or KLI's customers are confused

From a location in Europe, Talia sends spam to U.S. e-mail addresses touting a variety of deceptive scams in an attempt to dupe unwitting recipients into revealing their bank account and credit card numbers. Under the U.S. Safe Web Act, the FTC can... a. physically conduct investigations locally in Europe b. undertake clandestine activities to disable servers in Europe that are the source of the spam c. do nothing d. share information with foreign agencies to investigate and prosecute

d. share information with foreign agencies to investigate and prosecute

Frustrated with the banking industry, Mr. Tycho Nestoris leaves the Iron Bank of Braavos, Inc. and opens a restaurant, Tycho's Tacos, which uses a distinct decor, layout, menu, and style of service. This restaurant's distinctive image and overall appearance is most likely: a. a certification mark b. a collective mark c. a service mark d. trade dress e. b and d

d. trade dress Trade dress is a legal term of art that generally refers to characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers. Trade dress is a form of intellectual property.

Gina owns Fighting Irish Salvage, a demolition company that uses explosives to demolish old buildings. A demolition by a Fighting Irish crew injures Andy, a passerby. Under the theory of strict liability, Gina must pay for Andy's injury a. only if Andy's injury was not reasonably foreseeable b. only if Andy's injury was reasonably foreseeable c. only if the Fighting Irish crew was at fault d. whether or not the Fighting Irish crew was at fault

d. whether or not the Fighting Irish crew was at fault

Ms. Arya Stark believes that Mr. Sandor "The Hound" Clean is about to hit her. To prevent harmful contact in this situation, Arya may use a. any force b. any force, except force that is likely to cause death c. no force d. force majeure e. force that is reasonably necessary

e. force that is reasonably necessary

Robert comes home and finds his wife Cersei in bed with Jaime. Robert immediately pulls out a gun and shoots them both, killing them. A medical expert provides unrefuted, compelling testimony and scientific evidence that as a result of mental disease Robert lacked substantial capacity to appreciate the wrongfulness of his conduct. Based on these facts, Robert a. has most likely committed first degree murder b. has most likely committed second degree murder c. has most likely committed voluntary manslaughter d. has most likely committed involuntary manslaughter e. none of the above

e. none of the above Defense: Insanity

A state legislature passes a Sunday closing law. Big box retailers and supermarkets challenge the law, filing a suit to block the law's enforcement. Although such Sunday closing laws (or "Blue Laws") are increasingly rare, at least historically speaking, courts have upheld Blue Laws reasoning that it is a legitimate function of the state government to a. encourage families to spend a day together b. promote church attendance, as long as the state does not favor one church over the other c. provide a day of rest d. promote interstate commerce under the U.S. Constitution's Commerce Clause e. none of the above

c. provide a day of rest

The Iron Bank of Bravos, Inc. regularly expresses opinions on political issues. Under the First Amendment, corporate political speech is given a. no protection b. total protection c. significant protection d. little protection

c. significant protection

Mr. Duncan Tall copies Mr. Mark Tagart's copyrighted book, Lord Commander, in its entirety and sells it to Iron Throne Books without Mark's permission. Iron Throne publishes it with Duncan named as the author. Mark's copyright is infringed by a. Duncan only b. Iron Throne only c. Duncan and Iron Throne d. none of the above

c. Duncan and Iron Throne

Diane Lockhart is a litigation partner with the law firm of Stern, Lockhart, and Gardner. Alicia Florrick, Diane's one-time protege and partner, now has her own farm and is trying to poach attorneys from Stern, Lockhart, and Gardner. In a suit against Alicia and her firm, Diane seeks an injunction to prevent further poaching. An injunction is a. an equitable remedy and a remedy at law b. a remedy at law only c. an equitable remedy only d. neither an equitable remedy nor a remedy at law

c. an equitable remedy only

Peter "Littlefinger" Balish is proprietor of a gentlemen's club that features topless female dancing. The City of King's Landing passes an ordinance that outlaws topless dancing by Wildings, a racial minority. Urged on by Balish, several Wilding female topless dancers sue the city. Based on these facts, which of the following is/are true? a. the ordinance is making a gender-based distinction b. intermediate scrutiny is the appropriate standard of review c. based on these facts, a court would most likely rule for the female Wilding dancers d. all of the above e. a and b only

c. based on these facts, a court would most likely rule for the female Wilding dancers Intermediate scrutiny deals with gender-based issues; this is race-based so it would likely be strict scrutiny

A state statute requires machinery in food processing plants to include automatic shut-off switches accessible to each employee working on the machine. Wildling Company's (WC) equipment does not have the switches. Gilly Gilly, a WC employee, suffers an injury that an accessible shut-off switch would have prevented. Gilly's best ground for recovery is that WC a. violated a dram shop act b. violated the "danger invites rescue" doctrine c. committed negligence per se d. committed res ipsa loquitur e. c and d

c. committed negligence per se Negligence per se- The law is laid out for you, if you fail to follow it you are negligent In the common law of torts, res ipsa loquitur is a doctrine that infers negligence from the very nature of an accident or injury in the absence of direct evidence on how any defendant behaved.

In 2015, Yvonne writes Terror Beyond the Wall, a science fiction novel about frozen invaders from the north. Yvonne does not register the work with the appropriate government office. Under federal copyright law, Yvonne's work is protected a. for ten years b. for twenty years c. for the life of the author plus seventy years d. forever e. none of the above

c. for the life of the author plus seventy years

Mr. Adam Tree (1) retires from politics; (2) sells speaking and consulting services under his nickname "The Mad King"; (3) registers "The Mad King" as a service mark; and (4) registers a website, TheMadKing.com, to further the sale of those services. Adam wants to use a trademarked term as a meta tag in connection with his website without the owner's permission. This may be permissible: a. if the appropriating site has nothing to do with the meta tag b. if the two sites appear in the same search engine results c. if the use is reasonably necessary and the use does not suggest the owner authorized or sponsored use d. under no circumstances

c. if the use is reasonably necessary and the use does not suggest the owner authorized or sponsored use

Philip Brainard, inventor of Flubber: (1) retires from teaching, (2) establishes secondary meaning in his name under which he sells scientific consulting services, (3) registers his name as a service mark, (4) registers a website, philipbrainard.com, to further his sale of those services. Philip wants to use a trademarked term as a meta tag in connection with his website without the owner's permission. This may be permissible a. if the appropriating site has nothing to do with the meta tag b. if the two sites appear in the same search engine results c. if the use is reasonably necessary and the use does not suggest the owner authorized or sponsored use d. under no circumstances

c. if the use is reasonably necessary and the use does not suggest the owner authorized or sponsored use

The U.S. Constitution explicitly provides safeguards against all of the following except a. arrests without probable cause b. excessive bail c. invasion of privacy d. unreasonable searches and seizures e. none of the above (the Constitution explicitly provides safeguards against all of these)

c. invasion of privacy

Mr. Grey Worm is a driver for USC, which operates a fleet of armored vehicles. While driving for USC, Worm causes a multi-vehicle accident on a city street. Worm and USC are liable to a. all those who were injured b. only those who were uninsured c. only those whose injuries could have been reasonably foreseen d. only those whose vehicles were closest to Worm's van

c. only those whose injuries could have been reasonably foreseen

Sincere Forms, Inc., uses, in its ads, a trademark that is similar, but not identical, to the famous, registered mark of Desired Objects, Inc. Sincere's unauthorized use of the mark constitutes trademark dilution provided a. consumers are confused b. Sincere and Desired are competitors c. Sincere's use is intentional d. Sincere's use lessens the value - it impairs the distinctiveness or harms the reputation - of Desired's mark

d. Sincere's use lessens the value - it impairs the distinctiveness or harms the reputation - of Desired's mark

Mr. Sirius Black hires Mr. Martin Lemon, an architect, to design a fencing studio. Sirius is dissatisfied with the look of the new building and sues Martin, alleging negligence. Martin can successfully defend against the suit by proving that a. he is not familiar with every principle of art b. his design is as attractive as an ordinary person's c. Sirius could not have designed a more attractive building d. Sirius was not injured in any way e. all of the above

d. Sirius was not injured in any way

The South Bend, IN city council enacts an ordinance to allow only a few street vendors to operate in certain areas, for the purpose of reducing traffic. A court would likely subject this ordinance to a. intermediate scrutiny under the due process clause b. strict scrutiny under the First Amendment c. a police power test under the commerce clause d. a "rational basis" test under the equal protection clause

d. a "rational basis" test under the equal protection clause

Mr. OM calls Mr. Jimbo Fisher and asks Jimbo to meet him at Kings Landing, a popular restaurant overlooking Blackwater Bay. While on an outdoor patio at the restaurant, Jimbo falls over the wall into the water below and is severely injured. Jimbo suspects OM pushes him, and so he files a suit against OM, but his memory has faded as a result of the fall. Jimbo's attorney puts on the plaintiff's case. Generally speaking, a. after OM's attorney presents his case, Jimbo's attorney can present a rebuttal b. after Jimbo's attorney presents the rebuttal, OM's attorney can in turn present a "rejoinder" to refute the rebuttal evidence c. none of the above d. a and b

d. a and b Plaintiffs present rebuttals after the defendant's case. Defendants respond with a rejoinder to plaintiff's rebuttals.

Ben operates Towson Tomatoes, a small market stocked entirely with produce grown on his adjacent farm. The federal government passes a regulation relating to the growing and selling of produce. Litigation between Ben and the federal government ensues over the applicability of the regulation to his farm and market. Which of the following is true? a. Under the commerce clause, according to decisions by the U.S. Supreme Court, Congress has broad power to regulate activity - interstate or intrastate - that affects interstate commerce. Thus, under that clause, the federal government is likely to argue that a farmer's growing and selling of produce is subject to federal litigation because these activities affect interstate commerce. b. In this case, the farmer-vendor's best argument against federal regulation of his farm and business probably is that here these activities and their impacts are purely local c. Because of the economic character of these activities, and hence an impact on interstate commerce, a court would most likely not accept the farmer's argument in this case d. all of the above e. a and b only

d. all of the above