LAW 3220 FINAL EXAM
the ______ amendment to the US constitution gives the federal government the power to impose income taxes
16th
Nick is walking to work along a sidewalk next to a road in Tuscaloosa, AL where he resides. A TTT truck driven by William accidentally swerves off the road and strikes Nick, causing injuries that result in more than $100,000 in medical expenses. TTT has its principal place of business, and its incorporated, in SC. In which state(s) and court(s) may Nick sue TTT?
Nick would be able to sue TTT in the federal or state courts because the amount being sued is over $75,000. Nick would also be able to sue in AL. Because of the jurisdiction over corporations and being that TTT is incorporated in SC, TTT would be protected by the state of SC because there is an out of state resident suing the company.
uncle jim tells his neice as she goes off to creepy u that if she maintains a 3.5 average that he will buy her a BMW convertible when she graduates. at graduation she has a 3.7 and so she wants the car. uncle jim says that he doesn't have to give her the BMW because what she did was for her own good. niece wants to sue uncle jim to get the BMW. there probably is:
a breach of valid contract
like most european countries, france is
a civil-law country
a nuclear power plant is an example of
a closely regulated business that can be searched without a warrant
you are arrested by the police, who suspect you of a crime
a government prosecutor will decide if you will be charged with a crime
a plea bargain allows
a matter to be settled under the supervision of a judge without a trial
Ellen contracts with James to be her stockbrocker, making stock trades for Ellen's account. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating "that in case of any disputes arising out of this contract, the dispute shall be arbitrated using the rules of the NYSE". Ellen learns that since signing her contract with James, he has routinely been making trades worth more than $20,000 without her permission, and losing money. Ellen and James arbitrate their dispute, who is the most likely to be selected as an arbitrator?
a neutral expert on investment issues
the formula for coca-cola is
a trade secret
an actus reus is
a wrongful deed
to be liable for an intentional tort, the defendant must have
acted voluntarily
a defendant is allowed to file a motion to dismiss a plaintiff's complaint, but which of these would not be appropriate to file
all of the above are possible accurate (the court does not have jurisdiction over the matter, court does not have jurisdiction over the defendant, there was not proper service of the complaint, plaintiff failed to state a claim for which the law provides a remedy)
in which of the following cases was the manufacturer held liable based on failure to warn
all of the choices are correct
which of the following is a legal protection associated with registering a trademark
all of the choices are correct
bankruptcy fraud occurs when
all of the choices are correct (a person or corporation hides/lies about assets in bankruptcy proceedings, creditors are given false info, illegal pressure is applied to bankruptcy petitioners)
federal courts have the judicial power to hear cases involving
all of the choices are correct (case involving US internal revenue code, dispute between citizens of 2 diff states and amount is above $75,000, case involving a treaty between the US and canada, dispute between a US citizen and foreigner with amount over $75,000)
which of the following is NOT part of a mediator's job
all of the options are part of a mediator's job (collecting info, outlining key issues, encouraging compromise, discussing options)
an en banc proceeding is when
all the judges in a circuit hear a case
the defendant's reply to the complaint, in which the defendant admits or denies the allegations, is known as
an answer
"apple" computers and "exxon" gas are examples of what kind of trademark
arbitrary and fanciful
the most widely recognized form of an alternative dispute resolution process is
arbitration
you run towards someone screaming and swinging a stick. you were only kidding, but the person you were running towards thought you were serious. you might be sued for the tort of
assault
taken together, the necessary and proper clause and the commerce clause, provides justification for
broad congressional regulation of business
which of the following would not be considered to be white collar crime
buglary
you pay $200 for the right to be the only buyer a seller will deal with for 10 days for a piece of property that is for sale for $250,000. this is
called an option contract
in addition to raising revenue to pay for government services, taxes...
can deter or encourage certain behaviors
during the 19th century, parties injured by a defective product, who did not have a contractural relationship with the seller, were under the rule of
caveat emptor
katzenbach v. mcclung involved a restaurant that served food to black customers only at take-out windows. white customers would be seated. the supreme court held that the
civil rights act of 1964 was constitutional as it applied to public accommodation, due to the commerce clause
julian threw a brick at will, intending to hit him. if the brick hits anna instead, julian has
committed a battery
andrew noticed michael and his pregnant wife georgette walking down the street and drove his car within inches of michael, as a joke. michael wasn't injured, but his wife suffered severe mental distress and needed to be hospitalized in order to save the pregnancy. andrew has
committed the tort of intentional infliction of emotional distress against georgette
wickard v. filburn concerned the ability of congress to impose controls on wheat growing, including a small farm that produced a small amount of wheat for use of the farm. the supreme court held that the controls were
constitutional, while one farmer made no difference, many small farmers together "could have" an impact on interstate commerce
if, in response to plaintiff's complaint, a defendant asserts that the plaintiff owes the defendant money, the defendant has made a
counterclaim
mens rea is
criminal intent
sworn testimony, outside of the courtroom, of a witness recorded by a court official is a
deposition
roberta says "susan, i will sell you my car for $5,000". susan says "i'll give you $4,500". roberta says no. later susan calls roberta and says "I have $5,000 and want the car." roberta...
does not have to sell the car due to the counteroffer, which is a rejection
the US common law originated in
england
an arbitrator's decision may be appealed based on an error of law only
false
in blimka v. my web wholesalers, which involved a dispute between an ID resident who ordered jeans from a Maine website-based seller, the ID court held that since the Maine seller had no physical presence in ID it was not subject to ID court jurisdiction
false
in hughes v. oklahoma, a statute passed by OK prohibiting the export of minnows out of the state, to help protect the specie, was held to be constitutional
false
intellectual property is also called tangible property
false
macpherson v. buick introduced the rule of strict liability in tort for consumer products
false
most federal court of appeals cases are reviewed by the supreme court
false
to find a person guilty of a crime, the judge or jury must find that the prepoderance (majority) of the evidence is against the accused
false
you discover that the word "wheelbarrow" has not been registered as a trademark. you can register the word as your trademark so long as you are a producer of wheelbarrows and apply it to that product
false
Ellen contracts with James to be her stockbrocker, making stock trades for Ellen's account. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating "that in case of any disputes arising out of this contract, the dispute shall be arbitrated using the rules of the NYSE". Ellen learns that since signing her contract with James, he has routinely been making trades worth more than $20,000 without her permission, and losing money. Assume that Ellen sees James' unauthorized actions as the basis for a legal dispute. If she arbitrates, what must she do first?
file a submission
while mrs. o'leary may have been negligent in leaving an oil lamp in the barn for her cow to kick over, she would not be held liable for the great chicago fire of 1871 because of the chain of events from the cow kicking the lantern to the destruction of the city was not
foreseeable
compensatory damages are intended to
give injured parties a sum of money to restore them to the economic position they were in before the injury
if the US supreme court accepts a case on appeal it
grants a writ of certiorari
many key parts of the constitution are written
in language that can be interpreted in different ways
extreme debt collection tactics, such as late night threatening phone calls, may cause legal action based on the tort of
infliction of emotional distress
adidas is a famous trademark. if another company sold shoes called adidas that would be
infringement
james's employer published a picture of him on the website without his permission. james could sue for
invasion of privacy
ads are usually considered
invitation for others to submit offers to buy
"super wash" liquid dishwasher detergent is sold in a box shaped like a milk carton with a bright and cheery cover. finding the carton under the kitchen sink, a 2yo drinks it, suffering serious internal injuries. in a suit against "super wash" the court is likely to find that the producer
is liable in strict liability for failure to warn or for design defect
the US constitution created three branches of the federal government (executive, judicial, and ...)
legislative
maria opens her refrigerator door to get a bottle of "diet wrong" soda. when she grabs the bottle it explodes, cutting her badly. expert examination of the bottle fragments does not reveal anything wrong with the bottle. her lawsuit against "diet wrong" will likely result in the producer being held
liable in strict liability for producing a defective product that injured a consumer
if it is not clear who the actual manufacturer of a product is, plaintiffs
may sue any or all of the manufacturers of a defective product
you leave your poodle at a new grooming shop and tell them to wash the dog - a $30 service. they do that and also paint the poodle's nails and tie ribbons in his hair - an extra $10. you pay them for the wash. what about the $10 extra?
no contract for these services existed, no extra payment
a man was injured while riding a mechanical bull owned by an independant contractor at a state fair. he paid to ride the bull and signed a form that he understood the risk of injury. after he was injured, he sued the fair that provided the ride for negligence. you would expect the court held that
none of the above
federal judges are appointed for a term of
none of the choices (4 years, 7 years, 10 years, 14 years)
joe hands mary a note that calls her terrible names, accuses her of horrible personal acts, and all sorts of other nonsense. mary can bring a successful suit for
none of the choices (libel, slander, defamation, battery)
the doctrine of judicial immunity means judges may
not be sued for damages that result from their judicial acts
as a practical matter, when a party is unhappy with the decision from arbitration, it is the most common to
obey the ruling
george washington presided over a convention at which the US constitution was drafted in which city
philidelphia
the party who files a law suit is the
plaintiff
something that may be used, performed, or reproduced by anyone is said to be in the
public domain
embezzlement is when
someone is in a position of trust with money and they take it for their use
company b uses dangerous acid made by company a in its products. B fails to warn a new employee of the risks in using the acid and gets injured. if company b is sued by the employee, its defense will be that A and the employee are
sophisticated users
when judges use decisions from earlier legal cases for guidance in legal principles to solve current cases it is referred to as
stare decisis
if the government does not prosecute a criminal suspect the right to do so many be eliminated by
statute of limitations
steve has a disorder that causes him to pass out randomly. while driving one day, he passes out and is in an accident, and injures juan. what happens?
steve is probably liable due to negligence
besides having personal jurisdiction over a case, the court must also have
subject-matter jurisdiction
proximate cause limits liability to harms
that bear a reasonable relationship to the defendant's negligent conduct
which court(s) in the federal court system uses juries
the US district courts
when an arbitrator is used, which is usually true
the arbitrator is a neutral expert in the field of the dispute
if a party refuses to comply with a court order to produce documents or answer written interrogations
the court can find the party in contempt of court, which can result in fines or imprisonment
Ellen contracts with James to be her stockbrocker, making stock trades for Ellen's account. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating "that in case of any disputes arising out of this contract, the dispute shall be arbitrated using the rules of the NYSE". Ellen learns that since signing her contract with James, he has routinely been making trades worth more than $20,000 without her permission, and losing money. If Ellen takes her dispute to the local court, according to the Federal Arbitration Act, what should happen?
the court should dismiss the case
todd suffered from severe allergies and the medicine prescribed to him tended to make him drowsy. Despite the warning not to drive, he drove to a concert. ashley darted into the path of todd's car from between two parked cars and was hit and injured. the facts indicated that todd was driving at legal speed limit and he could not have avoided ashley even if he had not been taking his medication. the trial court dismissed ashley's negligence suit against todd. was it correct in doing so? why?
the court was wrong because although it was not intentional, he should not have been driving in the first place as he was acting in negligence by getting in the car at all. this act would be seen as unintentional but legally careless conduct which is exactly what a negligence tort is. the case could also relate to cause in fact because todd driving the car was the action that was the actual cause of the injury and would not have occurred but for the defendant's behavior.
one element of fraud or intentional misrepresentation is scienter. that means
the defendant knew there was false information being passed on
regulatory takings cases indicate that
the destruction of property value must be almost complete to be due
although states are free to develop their own procedural rules, many have adopted rules similar to
the federal rules of civil procedures
economic espionage is
the theft of valuable business information
there is no assault if
there is no fear of harm
Al, a cross country bus driver, kisses susie, a passenger, while she sleeps. Al could be sued for battery
true
a contracts may be based on a promise not to do something
true
a medical worker helped care for a patient. she then told a mutual friend about the problem of the patient. the patient has a good suit for invasion of privacy against the medical worker
true
if a trademark is registered, it is easier to get help from the customs service in fighting imported counterfeits
true
if you decided to open up the "coca-cola diner" you would probably infringe on a trade name
true
in US v. allemendinger, involving an insurance scam run by allmendinger and others, allmendinger received a much longer prison sentence than a co-conspirator, which he appealed. the appeals court held that a long prison sentence was still justified.
true
joint and several liability is liability rule in several states that allows each defendant to be personally liable for the entire damage award when more than one firm have a similar defective product
true
the shape and color of a product may be protected by trademark law
true
to make a product that imitates a trademarked good, such as nike shoes, it is called counterfeiting
true
when a firm has positive reputation, it is an asset that increases the value of an organization when it is sold. it falls into the category of goodwill.
true
with the exception of the US supreme court, congress has the power to abolish and create federal courts
true
you return a lost dog to its owner. you did not know a reward was being offered for the dog. you do not have a legal right to the reward.
true
summary judgement is granted when
when the court can apply the law to the undisputed facts and resolve the dispute
in barabin v. astenjohnson, where barabin sued for damages suffered from exposure to asbestos, the appeals court held that
when the qualification of a potential expert witness is challenged by the opposing side, a Daubert hearing must be held outside of the presence of the jury for the judge to determine if the witness qualifies as an expert
which of the following is not a typical tool of the discovery process in civil litigation
wire taps
a court order to an official, such as the sheriff, to seize property of the defendant to satisfy a judgement is known as a
writ of law
20 years after you take this class you are successful and wealthy. knowing that this class was the key to your success, you look up your old professor and send a letter saying, "because you helped me so much, i am going to send you a check for $100,000". later you come to your senses and do not send the check. your old professor sues for the money:
you do not have to pay; there is lack of consideration
