BUSN-261
Justice Thomas in his dissent in Gonzales v. Raich chiefly argues:
Because the defendants used marijuana that had never been bought or sold and had never crossed state lines, there was no demonstrable effect on interstate commerce and therefore, the federal government acted outside its enumerated powers.
Why did small states fear pure majority rule at the federal level?
Big states have more people and could outvote small states without taking the interests of small states into consideration.
Which of the following statements is false?
Civil cases have a higher standard of proof than criminal cases.
Which of the following is not overweighted in favor of small states?
Wrong Answers: *Electoral college *U.S. Senate
In Michigan, a 5 year old kid climbs into the family SUV and plays with the controls. The kid accidentally puts the car in gear. It rolls the driveway, across the street and strikes a neighbor's car, damaging it. If the neighbor sues the five year old, what standard of negligence will apply in Michigan?
A five year old cannot be negligent under Michigan law
A breeder of greyhounds (dogs, not buses) is happy to discover a mama greyhound has successfully had a litter of puppies. The breeder owns the puppies through:
Accession
One hundred years ago, two farmers had a survey done to determine the exact location of the property line between their respective farms. They agree to build a fence along the surveyors line. They and their successors farm the land and pay taxes based on the surveyor's determination of the line. Now, it comes to light the surveyor was off the farmer who has been working that strip and not the farmer that originally owned it. This is an application of:
Adverse possession
In Levinsky's v. Wal-Mart, the court held:
Because there is no objective way to know whether a store is "trashy" or not, Levinsky's could not prove the statement was false and therefore could not prevail in its defamation case.
A student as a state college offers a professor $1000 to give the student an underserved A. Which crime likely applies?
Bribery
A student at a state college offers a professor $1000 to give the student an underserved A. Which crime likely applies?
Bribery
What was Gibson's objection t the Paul Smith single cut guitar?
Buyers could confuse the Paul Reed Smith guitar with the Gibson Les Paul violating Gibson's trade dress and trademark rights.
What is the main goal of tort law?
Compensate injured parties
What is the main goal of tort law?
Compensate injured people
Professor Brainy publishers a research article with a breakthrough explanation of how gravity works. Which of the following is true?
Copyright would not protect Brainy's theory, but would protect the article itself.
Which of the following is not a usual element of due process in American law?
Developing the process to achieve the result the judge wants.
In Popov v. Hayashi, what was the chief disputed fact?
Did Mr. Popov catch and control the ball before Mr. Hayashi picked it up?
In the adversary system:
Each side presents evidence and argues its position is right.
In a personal action case, it is common for the plaintiff to claim emotional distress damages. Emotional distress damages are a kind of:
Exemplary damages
Goofus uses a ladder to clean the gutters on his house. At a particular high spot, he stands on the very top, the ladder becomes unstable, and he suffers injury when he falls. Goofus sues, arguing that the ladder needs a sign warning people to not get on the top step. Which kind of strict liability case is this?
Failure to warn
In Citizens United, the Court held that:
Federal campaign finance laws violated the free speech rights of a corporation by banning the release of a film critical of Hilary Clinton to close to a primary election.
A Michigan plaintiff brings a case against her Michigan employer in federal court alleging discrimination under the federal Civil Rights Act of 1964. Which of the following is the most likely basis of jurisdiction in federal court?
Federal question jurisdiction
A crime carries a maximum sentence of 10 years in prison. This kind of crime is called:
Felony
The police seek to search a business for evidence of financial crimes. Which constitutional amendment is implicated?
Fourth Amendment
A donor to the college places stock that she owns in a trust. The terms of the trust state that any stock dividends got o the donor for life, but after the donor dies, to the college. What kind of interest does the college have in stock during the donor's life?
Future interest
Which kind of property deed grants the most rights to the buyer?
General warranty deed
Which statement most accurately describes the holding of Riley v. California?
Generally, the police must obtain a warrant to search cell phone data and cannot rely on the search incident to arrest doctrine.
In Toms v. Calvary Assembly of God the court
Held that strict liability did not apply because the church followed the regulations for fireworks and the plaintiff failed to prove the fireworks display was abnormally dangerous to his cows.
In McCroy v. Coastal Mart, where an 11 year old boy was hurt when he spilled hot chocolate on his lap, the court ruled against the plaintiff because :
Hot chocolate is supposed to be hot and is not defective if it is hot.
What is a jury instruction?
How the judge tells the jury what the law is
Why do courts hesitate to treat crimes with heavy sentences as strict liability offenses?
If someone is going to prison for a long time, the government should have to prove they knew what they were doing was wrong.
An investor buys stock in Lyft. What kind of property I the stock?
Intangible personal property
Which of the following is NOT a jurisdiction for the Electoral College?
It leads to the popular vote window always being elected president.
Which of the following is NOT an example of intellectual property?
Kitchen cabinet
Goofus buys a new video game console. The electronics inside were not soldered properly. When Goofus plugs the console into the wall electrical socket he receives a shock, injuring him. When Goofus, sues, which kind of strict liability case should he bring?
Manufacturing defect
To pass a federal statute, one ordinarily needs:
More than 50% of the House, 60% of the Senate (due to the filibuster rule), and a signature from the president.
Michigan passes a law imposing a fine for running a red stoplight. The purpose of the law is safety so that cars do not collide at intersection. Dan runs a red light in his car and crashes into Penelope and injuries her. What doctrine can help Penelope prove her case against Dan?
Negligence per se
A doctor is treating a patient for a serve injury which is causing the patient a great deal of pain. The patient has a history of addiction to pain killers, which is noted in the chart. The doctor is in a hurry and does not read the chart and subscribers a powerful and highly addictive painkiller to the patient. Which level of mental state likely applies?
Negligently.
P sues D for state law breach of contract. The total damages are $10,000. Both P and D are from Florida. P and D agree to take the case to federal court. Is there federal jurisdiction?
No, because there is no federal question or diversity jurisdiction, and the parties cannot create federal jurisdiction by agreement.
Plaintiff is in a car collision and sues the other drive. Plaintiff proves $100,000 damages. The jury determines the defendant is 40% at fault and plaintiff is 60% at fault. In a pure contributory negligence jurisdiction, how much does the plaintiff get?
Nothing
The police arrest a suspect in connection with a bank robbery. They find an iPhone in his pocket. There are no facts indicating an exception to the fourth amendment applies other than the search incident to arrest doctrine. Under Riley v. California, the police should:
Obtain a warrant based on probable cause before searching the phone.
Based on the examples of Commonwealth v. Golden Gate National Senior Care, which of the following statements is likely not a a material misrepresentation if false but rather mere puffery?
Our health professionals develop a restorative plan to improve wellness and function
In Tracy v. Solesky, the court held:
Owners of pit bulls face strict liability if the pit bull harms someone.
In McCroy v. Coastal Mart, the court held:
Plaintiffs could not recover on a failure to warn theory as they admitted they knew hot chocolate was hot.
A gang of celebrities break into the shared vault of three Las Vegas casinos intending to steal over $100 million. They execution elaborate scheme to rob the vault which they planned for months. Which MPC level of culpability best describes their action?
Purposely
A gang of celebrities break into the shared vault of three Las Vegas casinos intending to steal over $100 million. They executive an elaborate scheme to rob the vault which they planned for months. Which MPC level of culpability best describes their action?
Purposely
A surgeon performs an appendectomy on a patient. Although it is not clear what went wrong, the patient develops a serve infection and dies. The autopsy reveals a sponge was left inside the patient during the appendectomy and the sponge was the source of the infection. No one on the surgery team will admit or reveal how the sponge was left behind. Which doctrine would most help the plaintiff prove negligence against the surgeon?
Res ipsa loquitor
Which of the following rights is not found in the First Amendment?
Right to bear arms
The court resolved Popov v. Hayashi by:
Ruling Popov did not prove he possession of the ball, but ordered the parties to split the proceeds of a scale as he was assaulted during his attempt to catch the ball.
Under the U.S. Constitution:
Sometimes the majority does not get what it wants due to protections of individual liberty.
How does strict liability differ from negligence?
Strict liability poses an absolute duty where even if the defendant took all reasonable precautions, the defendant is still liable.
Many homeowners in Flint default on their real estate taxes. The city seizes their homes and then folds them in an entity called a land bank. What kind of property interest is the city when it forecloses on a home for unpaid taxes?
Tax lien
Under Gonzales v. Raich, the court faced the question whether it was constitutional for the federal drug laws to apply in states that had legalized medical marijuana. Which statement most accurately describes the result?
The Commerce Clause allows Congress to regulate marijuana and the states do not have the power to override federal law.
Which of the following laws does not rely on the Congress's spending power?
The Copyright Act
When we compare strict liability to negligence, in a strict liability case:
The defendant has an absolute duty, meaning the plaintiff need not prove the defendant failed to use reasonable care.
A doctor uses a surgical technique that is now outdated by about 15 years, leading to injury of the patient. The doctor's choice of technique will be judged by the standard of:
The doctor would be held to the standard of a reasonable doctor, and the lawyer to the standard of a reasonable person.
What are the elements of a crime ?
The elements are each point the prosecution must prove beyond a reasonable doubt.
At the end of a criminal trial, the jury is deliberating (discussing and deciding) how they should vote. Which of the following is most true of what they should do?
The jury should consider each of the elements of the crime and whether the prosecution proved each element beyond a reasonable doubt. They should only vote to convict if they believe each element is proved beyond a reasonable doubt.
A football helmet comes with a sticker reading as follows : "WARNING Keep your head up. Do not butt, ram, spear, or strike an opponent with any part of his helmet or face guard. This is a violation of football rules and may cause you to suffer severe brain or neck injury, including paralysis or death and possible injury to your opponent".
The manufacturer is trying to avoid a strict liability claim for failure to warn
Two Michigan companies become involved in a dispute over a shipment of car parts which defective. Which of the following statements is most likely FALSE?
The parties could agree to have their case heard in federal court.
In Palsgraf:
The plaintiff lost before there was no proximate cause because it was not reasonably foreseeable that if a passenger fell boarding the train it would cause an explosion knocking a scale at the other end of the platform over on the plaintiff.
Suppose you buy a candy bar. After you eat the candy bar, you throw away the wrapper. Which properly right did you exercise with regard to the wrapper when you threw it away?
The right to dispose
Suppose you own a car outright, but decide to get a loan using the car as collateral. You are exercising which property right?
The right to encumber
A patient is in the hospital recovering from an injury. In the morning, a nurse negligently gives the patient a Vitamin C supplement pill instead of the Vitamin d supplement pill the doctor prescribed. The vitamin mistake has no effect. Later that day, the doctor determines the patient is well enough to go home and the hospital discharges the patient. The next day, the patient slips and falls at the grocery store and is injured. Which of the following is true?
The vitamin mistakes was neither the proximate nor but for cause of the slip and fall.
An Ohio company agrees to supply auto parts to a Michigan company. A dispute arises when the Michigan company finds the parts to be defective. The Michigan company can prove that the Ohio company breached the contract by sending defective parts and to correct the defects will cost $1,000,000. Which of the following statements is true?
There is concurrent jurisdiction. The Michigan company can sue either in state court as state courts can hear breach of contract cases or federal court as there is diversity jurisdiction.
Suppose the president decided to issue an executive order without the approval of Congress imposing a $1000 per violation fine on business that do not require customers and employees to wear face masks during the pandemic. Which of the following is likely FALSE?
There is no problem, presidents can regulate commerce in any way they see fit and proper.
In a lawsuit against a doctor for malpractice, what is the doctor's standard of care?
To act as a reasonable doctor
A group of kinds take a car that belongs to their neighbor without permission and go for a joyride all night. The next morning, they leave the car at their neighbor's house. At all times they intended to return the car. The taking of the car is most likely:
Trespass to chattels
Abel take a short cut across private property to walk to his college classes. The owner tells him to walk on the sidewalk like everyone else, but Abel continues to take the short cut. Which tort most likely applies?
Trespass to real property
To protest restrictions the state has imposed to combat the pandemic, hundreds of people gather at the state capital. The following week, the governor issued an order banning public protests involving more than ten people for the next six weeks. The protestors file suit and the judge decides to apply to strict security test to determine if the governor's act violates the free speech and assembly guarantees. This means the judge will.
Weigh whether the government has a compellimg government interest, the law is narrowly tallored to achieve that interest, and the law uses the least restrictive means to achieve that interest.
In the Matter of Search of [Redacted], the issue was:
Whether the police could search a cell phone and whether they could compel the defendant to unlock the phone.
What is the best summary of the issue in Staples v. U.S.?
Whether the prosecution must prove that the defendant knew his rifle was capable of firing automatic mode to convict him.
In Byrne v. Boadle, the case where the barrel rolled off a roof onto the plaintiff, the plaintiff;
Won because res ipsa loquitor applied. Barrels don't ordinarily fall out of second story windows unless someone was negligent and the only person in control of the second floor was the defendant.
Which of the following pet animals would trigger strict scrutiny if it bit someone?
Wrong Answer: *Golden retriever
The first rule of suing people, according to your humble author, is:
Wrong Answer: *It's about the principle, not the money
Why is it harder for a public figure to sue for defamation?
Wrong Answer: *No one likes public figures so they have a harder time winning
The New York Yankee's terms and conditions have the following warning: "WARNING: Please stay alert and be be aware of your surroundings at all times. During any Major League Baseball ("MLB") regular season game ("Game"), batted baseballs and bats and fragments thereof may be thrown or hit anywhere in the Stadium. If holder is concerned about the seat location on the front the Ticket, relocation may be requested. All relocations are subject to availability, may be in a different area in the Stadium and may require additional payment". What legal principle are the Yankees trying to apply to avoid liability?
Wrong Answer: *Strict liability
Joe buys a new pickup truck. What kind of property is the truck?
Wrong Answer: *Tangible real property
A happy couple buys a house after their wedding. The documents show that they own a fee simple absolute. This means:
Wrong Answer: *The have a life estate. The property reverts to the original when the first of them dies.
In Pierson v. Post the court held:
Wrong Answer: *The person who owned the land where the fox was killed owned the fox.
Eileen works as an administrator at a hospital. She comes across the records of Maria Smith which say Maria has syphilis. Eileen knows a Mary Smith and at her weekly bingo. game tells all her friends that Maria Smith, a friend of theirs who had to miss bingo this week, has syphilis. It turns out the patient pf the hospital Mary Smith is a different Mary Smith so Eileen's gossip is false. Which international tort most likely applies?
Wrong Answers: * Libel and slander *Libel but not slander
Which of the following provisions in the Constitution do not favor small states over large states?
Wrong Answers: * The Senate but not the Electoral College. *The Senate
Plaintiff is in a car collision and sues the other drive. Plaintiff proves $100,000 damages. The jury determines the defendant is 40% at fault and plaintiff is 60% at fault. In a pure comparative fault jurisdiction, how much does the plaintiff get?
Wrong Answers: *$100,000 *$60,000
Which of the following is true?
Wrong Answers: *A civil defendant is presumed innocent and the plaintiff must prove its case beyond a reasonable doubt. *A criminal defend is presumed guilty and most prove his or her innocence by a preponderance of the evidence.
Which of the following is not best brought as a tort case?
Wrong Answers: *A doctor commits malpractice, injuring, a patient *An employee tackles a shoplifter as the shoplifter tries to escape out the front door.
In Collins v. Gerhardt, the court decided:
Wrong Answers: *Because the landowner had the right t block access to the river, the fisherman was trespassing when he was on the landowner's bottomlands. *Although the fisherman was legally in the water, he was guilty of trespassing when he crossed the landowner's property to gain river access.
Bubba is angry about the outcome of an election. As Bubba drives down the street, he someone walking down the street wearing a T shirt with opposing candidate's name on it. He loudly honks his horn at the pedestrian and swerves his truck at her, narrowly missing her after she hears the honking and leaps out of the way. Which intentional tort likely applies?
Wrong Answers: *Both assault and battery *Battery but not assault
An employee in the risk management department of a company confesses to one of the company's outside lawyers that she has been accepting bribes to refer legal work to other outside law firms. The lawyer tells her "no one needs to know so long as you refer all your legal work to us in the future". This is most likely:
Wrong Answers: *Bribery *Embezzlement
An employee of a restaurant mops the floor in the restroom at 11:30 am, right. before the lunch hour rush. The employee forgets to put up the warning sing that the floor is wet. A customer slips and falls on the slick wet floor and is seriously injured. Which of the following damages is the customer least likely to recover in his tort claim?
Wrong Answers: *Cost of the customer's medical and therapy expenses. *Compensation for lost wages when the customer cannot work during his revery.
A guitar amplifier has specifications that make it safe to use. However, occasionally the manufacturer will make one with electronics that do not confirm to the specifications and can shock the user. If a user of the ampler receives a shock and is injured, which kind of product defect case is appropriate?
Wrong Answers: *Failure to warm defect *Negligence defect
Tanya buys a car. A car is:
Wrong Answers: *Intangible real property *Tangible real property
An apartment lease provides that any fixtures will remain wit the property and become property of the landlord when the lease expires. The tenant installs new kitchen cabinets and a few month later the tenant decides to move to another apartment. Who owns the cabinets?
Wrong Answers: *Neither the landlord nor the tenant *The tenant
The National Firearms Act forbids owning a fully automatic machine gun. The act of owning a machine gun is the Act's:
Wrong Answers: *Ownership requirement
The home where you live probably has electric wires going from a pole to an attachment on your house. What is the property interest called that allows the electric company to run a wire across the property to the house?
Wrong Answers: *Real property *Wiretap Act
O.J. Simpson was acquitted in his criminal trial for murder. However, he was found liable for wrongful death in a civil action arising from the same events. Which of the following statements is false?
Wrong Answers: *The civil plaintiff's lawyers likely had an advantage as they could avoid the mistakes the prosecutors made in the criminal trial. *Because the criminal trial and civil trial have different standards of proof, they are not necessarily inconsistent.
Appletiser is a trademark for a Coca-Cola drink made with 100% apple juice. What kind of mark is Appletiser?
Wrong Answers: *Weak *Arbitrary
Professor E lives on a navigable river in Michigan, with title to his property going to the middle of the river. After watching a documentary on the History Channel about how medieval landowners would put a chain across the river to allow them to collect tolls from passing boats, he decides to get together with the landowner on the other side of the river to do the same thing. Is there a problem with this plan?
Wrong Answers: *Yes, Chains long enough to reach across a river are illegal in Michigan. *No. So long as Professor E has a rank of Baron or higher, Michigan law allows landowners to tax passing boat traffic. *No, Michigan law allows the owners on either side of navigable river to exclude trespassers from the water.
The United States faces a global pandemic requiring a massive government response. States enact most of the rules and regulations to prevent further spread of the disease. The federal government chiefly provides money and information to help fight the disease and mitigate the resulting economic damage. Why is that?
Wrong answers: *Diversity jurisdiction allows the states to act but the federal government does not have similar jurisdiction. *The United States collapsed into anarchy, only ended when a capital seated in Denver imposed martial law and required each district to contribute one boy and one each year to fight to death in an arena. *The federal government ordered the states to issue the lockdown rules to contain the spread of the disease.
An Illinois company suffers a data breach of its customers' credit card information. A plaintiff from California sues the company in a California state court claiming $250,000 in damages arising from identity theft made possible by the breach. The plaintiff's case is based on the California Consumer Privacy Act, which protects consumer data like credit card information. The company believes it has a better chance of prevailing in federal court than in state court. Which of the following is most likely true?
Wrong answers: *The defendant cannot remove because the plaintiff sued in California state court first. *The defendant could remove the case to federal court as federal question jurisdiction exists.
The Carmack Amendment is a federal statute which allows cargo owners to sue interstate truckers for cargo damage. Suppose an Ohio cargo owner contracts with a trucker to carry cargo from Iowa to Ohio. The trucker is from Iowa. The cargo arrives with $250, 000 damage and the cargo owner wants to sue in federal court. Can the cargo owner sue in federal court?
Yes, there is both federal question jurisdiction and diversity jurisdiction.
Karen buys a new house. The seller executes a deed titled "General Warranty Deed". After closing, Karen determines that the seller was not really the owner. Can Karen sue the seller based on the quit claim deed?
Yes. The general warranty deed is a guarantee the seller owns the property.
