Final Exam Multiple Choice
What does consideration in a contract involve?
A promise that must be bargained for
What is Quantum meruit best defined as?
A reasonable sum of money for legal services when the contract does not stipulate a specified sum
Neighbors A and B have been arguing for months over their respective property rights. One day A bursts into B's kitchen without permission and says, "I've had it with you. Tomorrow morning I'm calling my lawyer. He'll chew you up like bubble gum." Then, for dramatic effect, A grabs an apple from B's kitchen table and savagely eats it, then walks out. Which torts have occurred?
Conversion & Trespass
A civil action initially filed in federal court can be removed by the defendant to an appropriate state court which has jurisdiction.
False
A voidable contract is the same as a void contract
False
In community property states, all property acquired during a marriage is considered property of both spouses.
False
John is a paralegal working for a large law firm in New Mexico. Which of the following is something that John is ethically forbidden from doing?
Giving Legal Advice
An analytical positivist believes which of the following?
Laws can only be good
The following exchange occurs between a defense attorney and a doctor testifying as an expert witness for her client: "Q: In your opinion and on the basis of your experience, does the computer overread or underread EKGs? A: Overread. Q: And that's the way it should be, isn't that correct? A: Yes. Q: And that is because all doubt must be resolved in favor of the patient, isn't that right? A: Yes." What objection should opposing counsel raise?
Leading Questions
What was the first state to adopt the Uniform Commercial Code
PA
What does the Erie doctrine state?
When there is no federal question, the substantive law that should be applied by federal courts is the law of the state.
What do ethicists study?
moral responsibility
Why are punishments for crimes like murder, rape, and robbery more stringent than for white collar crimes like forgery?
Because murder, rape, and robbery violate both legal and moral principles.
What factors are necessary to establish a common law marriage
Being of age, living together as a couple, and presenting themselves to the world as being married
What kind of classification schemes are invalidated by the Equal Protection Clause?
Discriminatory
Only legislative bodies can create tort causes of action.
False
What does it mean when a jury returns with a special verdict?
It answers specific questions related to the most important factual issues in the case.
When is comparative negligence generally used?
It is used in place of contributory negligence
Using the doctrine of laches may deny someone equitable relief.
True
Moral rules and legal rules rarely overlap
false
A case that is not ripe is nonjusticiable
true
Except in matters governed by the federal Constitution or by acts of Congress, the law to be applied in any case is the law of the state. Moreover, whether the law of the state shall be declared by its legislature in a statute or by its highest court in a decision is not a matter of federal concern. Where is this rule to be applied by the federal court system found?
Erie Railroad v Tompkins
Nancy, a nurse, is summoned for jury duty in a medical malpractice case. She asserts under oath that she will not substitute her own judgment for the facts presented at trial and that she can render a fair and impartial verdict. Counsel for the defendant doctor, however, feels that she probably dislikes doctors and will not be prodefense. Counsel for the plaintiff likes Nancy and the judge believes that she can render a fair and impartial verdict. What should defense counsel do?
Exercise a peremptory challenge
After independence, American states largely retained almost all substantive law and legal structures that originated in England.
False
An example of that many states define as a dangerous instrumentality is possession of a handgun
False
An individual is responsible for all of the consequences of an action they may take.
False
An injured party who has established a breach of contract is only entitled to turn to a court for equitable relief such as specific equitable, rescission, restitution, and injunctions.
False
Approximately 47 percent of filed cases are ultimately resolved by trials.
False
Because tort law is based on the Statute of Westminster, new causes of action rarely emerge.
False
Courts are legally forbidden from hearing novel tort claims.
False
For the average consumer, recovering damages under negligence and warranty are excellent alternatives to recovering under strict liability.
False
If a person dies during litigation, the executor of the estate may not take the deceased person's place in the lawsuit.
False
In American society, law is expected to play the primary role in promoting ethical behavior.
False
In states with equitable property distribution, property is categorized as marital or separate property.
False
In the United States, there is a single universally accepted legal definition of a family
False
Intentional tort known as invasion of privacy exists to protect a person's reputation or character.
False
Juan, who is 15 years old, has been slightly injured as a result of a neighbor's negligence. Juan will be the person who has the legal right to decide whether to sue the neighbor.
False
Modern ethicists are primarily focused on solving abstract, theoretical problems.
False
Normative ethicists focus on fundamental characteristics of moral conduct.
False
Once the statute of limitations begins to run, it keeps running until it ends.
False
Paralegals can represent clients in court.
False
Plaintiffs must serve the summons on a corporation the same way as they would serve it on a non-corporation defendant.
False
The U.S Constitution requires states to provide jury trials in all civil cases.
False
The U.S. Supreme Court and the U.S. Courts of Appeals are specifically established by the U.S. Constitution.
False
The Uniform Commercial Code covers only commercial paper and bank collection processes
False
The summons in a civil case must be personally served on the defendant
False
There is a clear line dividing individual privacy rights and state police power
False
Under the Erie Doctrine, federal courts usually apply state procedural rules.
False
Utilitarians believe that decisions about whether laws are good or bad should be determined without taking into consideration the consequences to other people.
False
When judicial integrity is at issue, the U.S. Constitution has no provision for righting a procedural wrong.
False
Which of the following is not a fundamental right under substantive due process?
Health Care
Where are corporations considered citizens?
In the state where its headquarters is located
The federal prosecutor is interested in having more defendants plead guilty. She has come up with a procedure to make plea requests more equitable and thus more appealing to the defendants. However, she is not sure that the process is completely legal. She sends a letter to the local Circuit Court requesting its opinion. How should the Circuit Court respond?
It should deny the request, as there is no case or controversy
On July 1, 1993, the day of his tenth birthday, Juan lost the sight in his right eye because a soft drink exploded. The drink was bottled on December 23, 1992, and Juan's parents purchased it on July 1, 1993. Assume that in this state the statute of limitations for this type of action is two years and the age of majority is 18. Juan and his parents want to sue the bottler of the soft drink. The parents want money damages for the loss of Juan's services and medical bills. Juan wants damages for the loss of the sight of his eye and pain and suffering. When will the statute of limitations run under these circumstances?
July 1, 1995, for both the parents and Juan.
John Smith, a resident of Cincinnati, Ohio, stays with friends in Tennessee for the summer months. On the way to Tennessee in early June, he had an automobile accident in Kentucky with Mary Jones, a Kentucky resident. Mary wants to bring suit against John for $5,000. In which of the following courts is it possible for Mary to bring a suit against John concerning a question of state tort law?
KY State Law
In Rubin v. Guettler, an attorney filed a complaint against a former client who discharged the attorney without cause in order to recover a one-third interest in any damages recovered in the personal injury action brought by the former client as provided for in their contingency fee contract. It is settled law that clients may discharge their attorneys with or without cause and that the contingency fee is not due unless the contingency has occurred, which it had not in this case. In this case, the attorney would only be entitled to the reasonable value of his services up to discharge. What should the client do
Make a motion to dismiss for the failure to state a claim on which relief can be granted.
When can one determine whether an action is "good or bad"?
Philosophers disagree that this can be conclusively proven.
The obligation to maintain confidentiality is part of what?
Professional Ethics
Betty, a citizen of California, hits Bob with her automobile in Texas. It is her fault and involves a question of state, not federal law. Bob wants to bring a suit against Betty for $21,000 for personal injuries. The court that would have jurisdiction is
Texas State Court
On June 10, 1993, Fireman Bob ran into Ruby's burning house and found her lying in a hallway, overcome by smoke. He picked her up and carried her out to safety. Unfortunately, in his haste Bob was not careful. Ruby's ankle struck a doorway and was broken in several places. This required extensive surgery, so that Ruby was in the hospital for several weeks. On July 1, 1993, Fireman Bob went to visit her in the hospital. While he was talking to her, he accidentally bumped the intravenous needle in her hand, causing her hand to bleed. Infection subsequently developed. The statute of limitations for acts of negligence is two years. On June 18, 1995, Ruby filed suit against both the city fire department, for injury to her ankle, and Fireman Bob, for injury to her ankle and for causing the infection in her hand. Which of the following statements is false
The doctrine of immunity for government officials, as well as the statute of limitations, would likely bar Ruby's suit against Fireman Bob for causing the infection in her hand.
Which branch(es) of government establishes the courts?
The legislative Branch
Which of the following is derived from police power?
The states' ability to enact laws to protect the public's health, welfare, safety, and morals
Cody brought suit for injuries sustained in an automobile collision between her car and the defendant Adkins pickup truck. The jury found that considering the hazardous weather conditions at the time of the accident, the defendant was not at fault or negligent in the operation of his vehicle and that the injuries that plaintiff sustained were the result of an unavoidable accident. The jury returned a verdict in favor of the defendant Adkins. The plaintiff moved for a judgment notwithstanding the verdict. Under what circumstances should the judge grant the motion?
There is an absence of any substantial evidence to support the verdict entered.
How could A's attorney get the conversation between B and C, as well as the account books, into evidence?
They can call C as a witness and subpoena the books.
A counterclaim is a pleading filed by the defendant
True
A leading question is allowed in cross-examination but not in direct examination.
True
A long-arm statute permits the exercise of personal jurisdiction over nonresident defendants who have had sufficient minimum contacts with the forum state.
True
Although each of the states has developed its own structure, substantive laws, rules, and procedures, there is an underlying common law heritage.
True
American tort law has its origins in the common law writs of trespass.
True
Because there are no federal common law crimes, all federal criminal actions must be based on federal statutes.
True
Consideration usually consists of an act or a promise to perform an act
True
Egoists generally believe that as long as you are acting in your own best interest, you are morally "right".
True
Federal courts exercise diversity jurisdiction when a suit is between citizens of different states.
True
If a criminal defendant is acquitted in a criminal trial, he or she can still be subsequently sued in civil court.
True
If individuals defy the law for just reasons, they are still subject to prosecution
True
If there is no factual dispute between the parties, there is no need for a jury trial.
True
In a negligence case, the harm caused must be foreseeable by the defendant.
True
In practice, the distinction between primary and secondary liability of a promisor is clear.
True
In the case of Alfred L. Baker v. East Coast Properties, Inc. the court found that East Coast Property's actions were not the proximate cause of Baker's injuries.
True
It is permissible for states to enact laws that require stepparents and/or grandparents to provide child support if parents are unable to fulfill court-ordered support obligations.
True
Martin Luther King Jr. believed that people could refuse to obey laws enacted by governments if these laws were in conflict with "moral law."
True
Most states now determine the amount of damage by using comparative negligence standards.
True
Recently, legislatures and courts have used law to influence businesses to consider the societal consequences of their actions.
True
Some states have enacted laws that express a preference that adoptive parents must be of the same religion as the adoptee or birth parents.
True
Standing is a necessary prerequisite to a court's proper exercise of subject matter jurisdiction
True
States can allow health care professionals to refuse to dispense medications that might cause an abortion.
True
Statutes prohibit contractual restrictions on most assignments of rights
True
The case-or-controversy requirement generally precludes federal courts from rendering advisory opinions
True
The common law writ of assumpsit was the predecessor of the modern action
True
The marital testimonial privilege is no longer recognized in many states.
True
The motion for summary judgment disposes of controversies prior to trial when the material facts cannot be proved.
True
The res judicata doctrine would preclude the same case against the same defendant on the same claim.
True
Under the leading object rule, courts look both to the promise itself and to the individual for whose benefit the promise was made
True
Zoe blatantly cheated on her test. However, everyone else in the class was cheating as well and the teacher did not seem to care. Zoe cheated to bring the problem to the teacher's attention. Which of the following would a Utilitarian believe about this situation?
Zoe should be expelled to set an example to other students.
Which of the following refers to someone who "knows" what is right and wrong?
a natural law philosopher
