Legal system
$75,000
A deck collapses and injures one person. The jury determines 1) the injured party's medical bills and other damages are $100,000, and 2) the injured party was 25 percent responsible for her own injury because she was storing heavy equipment on the deck during a recent renovation. If the jury trial took place in a comparative negligence state, what would be the plaintiff's recovery amount?
Assumption of the risk
A plaintiff who knows there is a substantial danger associated with certain conduct and goes ahead with the dangerous activity anyway gives the tortfeasor the defense of
Preemption
Congress' power under the Supremacy Clause to override a state law that conflicts with federal law is called _____
Mediator
Bennie was appointed by the state to act as a go-between, helping two parties to a lawsuit to resolve their dispute. Bennie's job did not allow him to make a final decision in the matter. Bennie is known as a/an: ______________________.
Class action
Delroy joined with hundreds of other people in a legal action where together they sued Implantco for producing a hernia mesh device that was implanted in them during surgery and later caused complications such as swelling and infections. What is the name for this legal action?
An ordinance
Dalvosta, Georgia has passed a law banning the building of apartment complexes higher than 100 feet. This law would be defined as:
An intentional tort
Dirk is the delivery driver for Papa Pepperoni's Pizza. On a delivery he spotted Marvin, his main competition for the affections of his girlfriend Jolene. He accelerated his truck and hit Marvin, breaking both his legs. Under these circumstances, this is
assumption of risk
Elise was injured when her Proper Pour coffee pot spontaneously shattered. Elise may pursue a products liability claim against Proper Pour under all of the theories of liability listed below, except
Environment Protection Agency
Federal environmental laws are primarily administered, implemented, and enforced by the _____________.
This is a legal search because it was consensual, Freddie gave Byron permission.
Freddie was approached by Byron, a police officer, who asked him if he could search Freddie's backpack. Freddie gave Byron permission to conduct the search. Byron had no warrant and no probable cause to believe that Freddie was involved in criminal activity. Byron found an illegal switchblade in Freddie's backpack and arrested him. Is this a legal search? Why/why not?
No, because a non-interactive internet presence standing alone is insufficient to establish minimum contacts.
Golding Corporation is based in North Carolina and manufactures bicycles. Venus bought a bicycle from a Golding dealer while on Spring Break in Florida and brought it back home with her to her residence in Savannah, Georgia. Golding has no offices in Georgia and sells bicycles through dealers only in North Carolina and Florida. If Venus is injured when her bicycle's frame breaks and then wishes to sue in the state of Georgia, under the Zippo test, may she do so if she discovers that Golding has a non-interactive banner ad on the bikelover.com website that anyone can access?
It maintains a sales agent with a smaller satellite office in Carson City, Nevada.
High Sierras, LLC is incorporated in Nevada, but is headquartered near Squaw Valley in Northern California. High Sierra could be sued in Nevada for it's alleged defective product if:
Fraudulent Misrepresentation
Honest Bill the used car salesman told Fran, a prospective customer, that the car she was considering had only been driven by a little old lady on Sunday and had only 30,000 miles on it. Honest Bill knew this was a lie and that the mileage had been altered, as the car actually had 230,000 miles on it. Which of the following would Honest Bill's actions be if Fran buys the car in reasonable reliance upon his lies and the car breaks down a week after she buys it?
void
Hyde hires an arsonist to set a warehouse on fire for $1,000. This agreement is legally ____________.
A deposition
Leticia was in a conference room being questioned by an attorney. The only other person in the room was a person from the court making a written record. Which of the following is this?
statute of limitations.
Moe allegedly breached his contract with Mary through nonperformance. Under state law, Mary is required to sue Moe within three years of the alleged breach or her breach of contract claim will be barred. This time limit within which a lawsuit must be filed is called the:
Angler prevails because Santiago didn't suffer any damages.
Santiago rents a boat slip at the Angler Hotel dock based on misrepresentations by the manager that a full-time security guard was employed to watch the dock. One night, the boat next to Santiago's is burglarized. In a lawsuit against Angler Hotel for fraudulent misrepresentation:
negligence
Sharice was working on a scaffolding 20 feet above the ground when she carelessly tossed her power drill to a co-worker. It fell to the ground and landed on Gardner, a visitor to the construction site, injuring him. What category of tort is this?
Darby wins because Shirley is strictly liable for her abnormally dangerous activity of keeping a wild animal.
Shirley owned a lion which she kept on a thick chain in her backyard. She took several precautions to protect people in the neighborhood, including building a high fence around her yard and putting up several signs that said "Beware of lion. No trespassing." In spite of the precautions she took, Darby managed to climb the high fence, ignored the signs and jumped into her backyard. Darby was mauled by the lion and managed to escape with serious injuries. Darby sued Shirley for his injuries. What is the likely result?
Statute, procedural law
The State of California has passed a law banning the use of poultry meat in restaurants if the chickens were raised in what the legislators defined as "inhumane industrial operations." The law set a fine of $5,000 for restaurants that were in violation and set up an administrative court that would hear appeals from restaurant owners. This law making the use of certain types of poultry illegal is a type of law known as a/an _________________ and the rules that set out the fine and the administrative court are a type of law known as a _________________?
Contracts for the sale of goods totaling $500 or more
The Uniform Commercial Code's statute of frauds requires which of the following contracts to be in writing in order to be enforced?
Doctrine of stare decisis
The _____ is the principle that similar cases with similar facts and issues should have the same judicial outcome
10 amendment
The bill of rights consists of the constitution's first
battery
The intentional touching of another person, without that person's consent, in a harmful or offensive manner is called _____.
Risk of loss providions
The legal rules in the UCC that determine which party in a sales contract bears the financial burden in case the goods are destroyed in transit are referred to as:
in rem jurisdiction involves property, in personam jurisdiction is over the parties to a dispute
The principal difference between in rem and in personam jurisdiction is
Negligence
Tort law applies in circumstances when one party fails to act reasonably and, even though the tortfeasor does not intend to inflict harm, the tortfeasor is still liable for the injury. This is called _________.
Forum selection clause
Tyrell Corporation, headquartered in Indiana, and Blender Corporation, headquartered in Michigan, entered into a contract with a provision stipulating that any legal disputes will be conducted using Michigan law. This agreement is called a
I and IV
Which of the following are factors that may indicate the formation of a contract under Article 2? I. Past commercial conduct. II. Common law concerns. III. Preprinted forms. IV. Industry standards and norms.
I,III, and IV
Which of the following correctly identifies the categories of torts? I. Negligence. II. Partial liability. III. Strict liability. IV. Intentional.
It is similar to a trial in that the arbitrator functions much like a judge.
Which of the following is true of arbitration?
In a diversity-of-citizenship case, a federal court will apply state law.
Which of the following is true of subject matter jurisdiction on the basis of diversity of citizenship?
Personal jurisdiction and subject matter jurisdiction
Which of the following must a court have to exercise jurisdiction over a matter?
Precedent
_____ is created when an appellate court renders a decision; lower courts must follow that decision and apply the law created by this prior case to any new cases involving similar facts and circumstances.
Product liability
_______________ refers to the liability of any seller (including the manufacturer, retailer, and any intermediary seller such as a wholesaler) of a product that, because of a defect, causes harm to a consumer.
preponderance of the evidence, beyond a reasonable doubt
n a case where Davey sues Rockridge Corporation for selling him defective software that crashed his network, the standard used to decide the case will be _______, in a case where Davey is prosecuted for being a minor in possession of alcohol, the standard used to decide the case will be _______.
Assumption of the risk
Friendly Motel posted a sign near its pool: "Danger—No lifeguard on duty. Pool closes at sunset." Antonin sees the sign but takes a midnight swim anyway. He is injured when he hits his head on the bottom of the pool because no lights are on. In a negligence claim, which of the following is Friendly Motel's best defense?
intentional torts, negligence and strict liability.
The three primary categories torts fall into are
Rachel does not have a good case for defamation because Willow's statement is pure opinion.
Rachel ran a food truck business. Willow told several of Rachel's customers that in her opinion, Rachel was the "biggest jerk" she knows. As a result, some of Rachel's customers stopped buying food from her truck. Rachel is considering a lawsuit against Willow for defamation. Assuming you are Rachel's legal counsel, what is the best and most accurate legal advice?
A business has lesser rights to be free from government searches than an individual
The rights of a business compared with an individual under the Fourth Amendment are best described as: