Law and Society Old Tests Review

98 terms by Gm261708

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(T/F) Respondeat superior may impose liability on an employer whose employee commits a tort within the scope and course of his/her duties

True

(T/F) Negligence does not require proof of both actual and proximate causation

False

(T/F) Battery occurs when the defendant's conduct causes the victim to experience an apprehension of an immediate harmful or offensive contact

False

(T/F) Comparative negligence is an affirmative defense to negligence which the defendant must plead in the answer or it is waved

True

(T/F) Severe mental distress may result from otherwise socially acceptable conduct

False

(T/F) A statement which harms the victim's reputation among her/his colleagues may be defamatory

True

(T/F) Deborah, texting while driving, is involved in an automobile collision. When the texting is discovered by the plaintiff's attorney and proved at trial, Deborah is liable for negligence per se although no statute prohibits Deborah's activity

False

(T/F) Alan induces Ben to breach his employment contract with Carl in order to prevent Carl from completing an project on time. Alan is liable for interference with Carl's contractual relationships

True

(T/F) Proximate cause exists if the plaintiff would not have been injured but for the defendant's conduct

False

(T/F) Keeping dangerous animals on one's property may subject the owner to strict liability if the plaintiff was injured as a result of exposure to the animals even though the owner took all reasonable precautions to protect visitors to her property

True

(E-1 (T/F)) Under the Constitution, the Executive is the most important branch of government

False

(E-1) (T/F) Our Federal form of government is one in which sovereign power is shared between the Federal government and Several States

True

(E-1) (T/F) The U.S. Supreme Court may not declare an order of the Executive unconstitutional

False

(E-1) (T/F) The jurisdiction of State courts of appeal is limited to hearing appeals from State trial courts

True

(E-1) (T/F) Federal courts and State courts have concurrent jurisdiction over most legal disputes

False

(E-1) (T/F) The Federal trial court is the U.S. District Court

True

(E-1) (T/F) International law is law to which two or more nations are subject

True

(E-1) (T/F) Business entities enjoy all the same rights of free speech, as do private individuals

False

(E-1) (T/F) If the defendant fails to challenge the plaintiff's standing to sue, lack of standing is waived and cannot be raised in a later proceeding

False

(E-1) (T/F) In a jury trial, the function of the jury is to determine which facts have been proven

True

(E-1) (T/F) Theoretically, an activity having a substantial effect on interstate commerce in the aggregate may be regulated by Commerce under the Taxing and Spending Clause

False

(E-1) (T/F) State trial courts may use diversity of citizenship to exercise "in personam" jurisdiction over an out-of-state defendant

False

(E-1) (T/F) A follower of the Historical School of Jurisprudence believes the only rights citizens have come from the government

False

(E-1) (T/F) After a verdict has been rendered in a case, only the plaintiff may file an appeal

False

(E-1) (T/F) To have standing to sue, a party must have suffered an actual injury or be threatened with an imminent injury caused by the action about which the party complains

True

(E-1) (T/F) Under the Commerce Clause, Congress does not have the authority to regulate commerce between the United States and France

False

(E-1) (T/F) A follower of the Natural Law school of jurisprudence believes the law must evolve to reflect changes in society

False

(E-1) (T/F) Jason, a resident of Arkansas, is driving through Oklahoma when he is involved in an automobile collision. Since Jason was at fault, Jason has sufficient minimum contacts with Oklahoma such that Oklahoma can exercise long-arm jurisdiction over Jason

False

(E-1) (T/F) A later-enacted State statute supersedes or displaces any and all existing conflicting Federal Statutes

False

(E-1) (T/F) In an action in Federal Court on diversity of citizenship, the District Court will use the substantive law of one of the states to decide the matter

True

(E-1) (T/F) The Plaintiff's Complaint must include a request for a remedy

True

(E-1) (T/F) A "writ of certiorari" is required to request the U.S. Supreme Court hear a civil appeal

True

(E-1) (T/F) * The Constitutional doctrine of Checks and Balances concerns how the branches of government share power among themselves

False

(E-1) (T/F) An act of state which creates a classification among citizens based upon national origin is subject to intermediate scrutiny when challenged in court

False

(E-1) (T/F) Where a question of federal law is involved, a lawsuit may be filed only in Federal court

False

(E-1) Aaron, an Ohio resident, sues Zack, a Pennsylvania resident, over an automobile collision in Youngstown, Ohio. Assuming the jurisdictional minimum is met, the suit may be filed in:
(A)- Ohio state court
(B)- Ohio federal court
(C)- Pennsylvania state court
(D)- any of the above

(D). Any of the above

(E-1) The Ohio state legislature passes a law to regulate local delivery services. The final authority regarding the constitutionality of this law is:
(A)- The Ohio Supreme Court
(B)- The president of the United States
(C)- The governor of Ohio
(D)- The U.S. Congress

(A). The Ohio Supreme Court

(E-1) Much of American law is based on:
(A)- The English legal system
(B)- The French Legal System
(C)- The Irish legal system
(D)- The German legal system

(A). The English legal system

(E-1) Under the U.S. Constitution, the Executive branch of the government:
(A)- Reviews the law
(B)- Enforces the law
(C)- Interprets the law
(D)- Makes the law

(B). Enforces the law

(E-1) In a suit against Adam, Beth obtains a remedy, which is the means given to a party:
(A)- Only to recover a right
(B)- Only to redress a wrong
(C)- To recover a right or redress a wrong
(D)- None of the above

(C). To recover a right or redress a wrong

(E-1) Mary claims a Nebraska state statute infringes on her "procedural due process" rights. This claim focuses on:
(A)- The procedures used in making decisions to take life, liberty, or property
(B)- The content of the statute
(C)- The similarity of the treatment of similarly situated individuals
(D)- The steps to be taken to protect Mary's privacy

(A). The procedures used in making decisions to take life, liberty, or property

(E-1) Sam, a citizen of New Mexico, wants to file a lawsuit in New Mexico against Tanya, a citizen of Texas for $200,000 US for personal injuries and property damage. Their diversity of citizenship may be a basis for:
(A)- A New Mexico court to exercise "in rem" jurisdiction
(B)- A federal district court to exercise original jurisdiction
(C)- A U.S. court of appeals to exercise appellate jurisdiction
(D)- The U.S. Supreme Court to issue a "writ of certiorari"

(B). A federal district court to exercise original jurisdiction

(E-1) To Pete, the written law of a particular society at a particular time is most significant. Pete is
(A)- A legal positivist
(B)- A legal rationalist
(C)-A legal realist
(D)- One who adheres to the natural law tradition

(A). A legal positivist

(E-1) "Substantive law" does not:
(A)- Establish rights, duties and privileges
(B)- Establish the values of a society
(C)- Govern relationships among individuals
(D)- Govern relationships between citizens and their governments

(B). Establish the values of a society

(E-1) An Arizona state law will be held to violate the Commerce Clause if it:
(A)- Substantially burdens interstate commerce
(B)- Promotes the public order, health, safety, morals, or general welfare
(C)-regulates activities within the state's borders
(D)- Regulates private activities

(A). Substantially burdens interstate commerce

(E-1) Mary files a lawsuit against Albert. At the trial, each party's attorney presents the party's case before a judge who hears the dispute, finds the facts, applies the law to the facts and renders a legally binding decision. This is:
(A)- Arbitration
(B)- Litigation
(C)- Mediation
(D)- Negotiation

(B). Litigation

(E-1) The Common Law began:
(A)- In the Islamic courts of predominantly Muslim countries
(B)- As part of the Roman civil law
(C)- As a body of general rules applied in the courts throughout England
(D)- As a group of legal principles enacted by European nations

(C). As a body of general rules applied in the courts throughout England

(E-1) A Rhode Island statute imposes a misdemeanor jail term of three months, without a trial, on all street vendors who operate in a certain area of the capital of Providence, RI. A court would likely hold this statute to be:
(A)- Constitutional under the due process clause
(B)- Constitutional under the equal protection clause
(C)- Unconstitutional as a violation of procedural due process
(D)-Unconstitutional as a violation of the equal protection

(C). Unconstitutional as a violation of procedural due process

(E-1) Applying the relevant rule of law to the facts of a case normally requires finding previously decided cases that, in relation to the case under consideration, are:
(A)- As different as possible
(B)- As similar as possible
(C)- Identical
(D)-At odds

(B). As similar as possible

(E-1) Adam, a resident of Nelsonville, Ohio, while driving his automobile in Toledo collides with Eve's automobile. Eve, a resident of the State of Michigan, wants to file a lawsuit against Adam. Eve may file her lawsuit in:
(A)- Ohio State courts
(B)- Ohio Federal courts, if the jurisdiction minimum is met
(C)- Michigan State courts, if Adam has sufficient contacts with Michigan
(D)- either A or B

(D). either A or B

(E-1) A federal statute bans "major business entities" from making political contributions individuals are permitted to make. A court would likely hold this statute to be:
(A)- An unconstitutional restriction of political speech
(B)- Constitutional under the First Amendment
(C)- Justified by the means
(D)-necessary to protect national interests

(A). An unconstitutional restriction of political speech

(E-1) Consumer Goods Corporation sells poorly made products. Tina, who has never bought a Consumer Goods product, files a suit against the firm alleging its products are defective. Consumer Goods could move for dismissal of the lawsuit on the basis that Tina does not have:
(A)- Jurisdiction
(B)- Standing
(C)- Sufficient minimum contracts
(D)- Venue

(B). Standing

(E-1) Mike, an advocate of a certain religion, publishes an article in "New Times" magizine insisting that Congress base all federal law on his religion's principles. The First Amendment guarantees Mike's freedom of:
(A)- Religion only
(B)- Speech only
(C)- The press only
(D)- Religion, speech and the press

(D). Religion, speech and the press

(E-1) Common Law is:
(A)- Administrative law
(B)- Case law
(C)- Civil law
(D)- Statutory law

(B). Case law

(E-1) Sam files a lawsuit against Laura. Laura must file a responsive document to:
(A)- The answer
(B)- The service of process
(C)- The complaint
(D)- The summons

(C). The complaint

(E-1) Federal and State courts today are, generally,:
(A)- Courts of law only
(B)- Courts of limited jurisdiction
(C)- Courts of general jurisdiction
(D)- Courts of law and equity

(D). Courts of law and equity

(E-1) A law that deprives all persons of a fundamental right or liberty interest may violate:
(A)- Equal protection
(B)- Procedural due process
(C)- Substantive due process
(D)- None of the above

(C). Substantive due process

(E-1) Net Corporation files a lawsuit against Omega, Inc., alleging Omega breached a contract to sell Net a computer system for $100,000 US. Net is:
(A)- The appellant
(B)- The appelle
(C)- The defendant
(D)- The plaintiff

(D). The plaintiff

(E-1) Generally, the courts accord commercial speech engaged in by business entities:
(A)- Less protection than that afforded the political speech of individual citizens
(B)- More protection than that afforded the political speech of individual citizens
(C)- No protection
(D)- The same protection as that afforded the political speech of individual citizens

(A). Less protection than that afforded the political speech of individual citizens

(E-1) Cordial Drinks, Inc., markets alcoholic beverages. A federal regulation bans the disclosure of the alcohol content of liquor on Cordial's labels and those of other marketers. A court would likely hold this regulation to be:
(A)- An unconstitutional restriction of commercial speech
(B)- Constitutional under the First Amendment
(C)- Justified by the need to protect individual rights
(D)- Necessary to protect national interests

(A). An unconstitutional restriction of commercial speech

(E-2) (T/F) The prosecution in a criminal case need only establish the defendant committed the crime by a preponderance of the evidence

False

(E-2) (T/F) An assumption-of-risk defense requires only that there be knowledge of the risk

False

(E-2) (T/F) It is a crime to use the mails to defraud the public

True

(E-2) (T/F) Strict liability is liability without fault.

True

(E-2) (T/F) Embezzlement can be committed only by physically taking property from the possession of another

False

(E-2) (T/F) Parties cannot form a contract without putting the terms in writing

False

(E-2) (T/F) Tort law provides legal remedies for both personal injury and property damage

True

(E-2) (T/F) In forming a bilateral contract, one party may be bound while the other is not

False

(E-2) (T/F) Forfeiture of a business interest and dissolution of a business are possible penalties under RICO

True

(E-2) (T/F) The inability to make an activity safe by exercise of due care is not a primary basis for imposing strict liability on an alleged tortfeasor

False

(E-2) (T/F) For purposes of establishing negligence, causation in fact exists if an injury would have occurred even without the defendant's act

False

(E-2) (T/F) A valid contract may have illegal purposes

False

(E-2) (T/F) A plaintiff cannon succeed in a lawsuit for negligence against a manufacturer unless the plaintiff bought the defective good from the manufacturer

False

(E-2) (T/F) Under the doctrine of unjust enrichment, persons are allowed to enrich themselves unfairly at the expense of others

False

(E-2) (T/F) A subjective standard determines whether allegedly negligent conduct resulted in a breach of a duty of care

False

(E-2) (T/F) Under the doctrine of comparative negligence, both the plaintiff's and the defendant's negligence are taken into consideration

True

(E-2) (T/F) Criminal defendants need not be informed of their right to remain silent

False

(E-2) (T/F) Oral defamatory statements must be communicated to a public figure to be actionable

False

(E-2) (T/F) An oral contract including all of the essential terms is an express contract

True

(E-2) (T/F) If all the terms of a contract have been fully performed, the contract is an executed contract

True

(E-2) (T/F) An unforeseen intervening event can break the connection between a wrongful act and an injury to another

True

(E-2) (T/F) A crime Punishable by imprisonment in a federal or state penitentiary for any period of time is a misdemeanor

False

(E-2) (T/F) A criminal suspect who is informed of her right to remain silent is automatically protected from having her subsequent confession entered as evidence against her

True

(E-2) (T/F) An unenforceable contract is one that cannot be enforced because of certain legal defenses against it

True

(E-2) (T/F) An express contract must be in writing

False

(E-2) Mike is arrested at a warehouse in North Industrial Park. A government prosecutor issues a formal charge against Mike for receiving stolen property:
(A)- An arraignment
(B)- An indictment
(C)- An information
(D)- An inquisition

(C). An information

(E-2) Kelly is an appliance salesperson. Kelly commits fraud if, to make a sale, she:
(A)- Discloses the truth
(B)- Represents as a fact something that she knows is untrue
(C)- States an opinion concerning something that she knows nothing about
(D)- Uses puffery

(B). Represents as a fact something that she knows is untrue

(E-2) Gail is a private lender who is charged with filing false claims in bankruptcy proceedings against her debtors. The standard of proof to find a defendant who has been charged with a crime guilty is:
(A)- Beyond all doubt
(B)- Beyond a reasonable doubt
(C)- Clear and convincing evidence
(D)- a preponderance of the evidence

(B). Beyond a reasonable doubt

(E-2) Holly is granted Immunity after she agrees to testify about a crime. Holly has an absolute privilege against self-incrimination and:
(A)- Can be prosecuted only for the crime about which she agreed to testify
(B)- Cannot be prosecuted for any crime
(C)- Cannot refuse to testify on Fifth Amendment grounds
(D)- Can refuse to testify on Fifth Amendment grounds

(C). Cannot refuse to testify on Fifth Amendment grounds

(E-2) Todd files a suit against United Media Corporation for defamation. Actual malice must be shown for recovery of damages if Todd is:
(A)- A corporate officer
(B)- A non-citizen
(C)- A private individual
(D)- A public figure

(D). A public figure

(E-2) Beth is injured in a car accident and sues Curt, alleging negligence. Curt claims Beth was driving more carelessly than he was. Comparative negligence may reduce Beth's recovery:
(A)- Even if Beth was only slightly at fault
(B)- Only if Beth was as equally at fault as Curt
(C)- A private individual
(D)- A public figure

(A). Even if Beth was only slightly at fault

(E-2) Best Appliances, Inc., Makes consumer appliances. Best could be liable for a design defect if there is a foreseeable risk of harm posed by a product and:
(A)- The omission of a warning renders the product not reasonable safe
(B)- There is a lack of care in making of the product
(C)- There is a reasonable alternative design
(D)- None of the above

(C). There is a reasonable alternative design

(E-2) Tome enters a coffee shop in which he has an open account, fills a cup with coffee, holds it up so the cashier can see it, acknowledges the cashier's nod and walks out with the coffee, knowing he will be billed for it at the end of the month. Tom has formed:
(A)- An express contract
(B)- An implied-in-fact contract
(C)- An implied-in-law contract
(D)- a quasi-contract

(B). An implied-in-fact contract

(E-2) Sam and Tiffany enter into an implied-in-fact contract. The parties' conduct:
(A)- Defines the contract's terms
(B)- Finds the contract's facts
(C)- Terminates any unintended consequences
(D)- Undercuts any terms based on the facts

(A). Defines the contract's terms

(E-2) George agrees to deliver fifty iPod nanos to Harry's E-Store. George delivers but Harry does not pay. To recover the price, George can collect from Harry on the basis of their:
(A)- Express contract
(B)- Implied-in-fact contract
(C)- Implied-in-law contract
(D)- Quasi-contract

(A). Express contract

(E-2) Eve tells Frank she will pay Frank $50 if he unloads her truck. A contract is formed:
(A)- As soon as Frank says he will unload the truck
(B)- Once Frank starts to unload the truck
(C)- Only after Frank unloads the truck
(D)- When Frank hears Eve's offer

(C). Only after Frank unloads the truck

(E-2) Evan is charged with a crime. Almost all federal courts and some state courts would not hold Evan liable if, at the time of the offense, as a result of a mental disease or defect, Evan lacked substantial capacity to:
(A)- Appreciate the wrongfulness of his conduct only
(B)- Appreciate the wrongfulness of his conduct and obey the law
(C)- Appreciate the wrongfulness of his conduct or obey the law
(D)- Obey the law only

(C). Appreciate the wrongfulness of his conduct or obey the law

(E-2) Freida and Gail enter into a bilateral contract, which is created when Freida gives a promise to Gail in exchange for Gail's:
(A)- Performance of particular act only
(B)- Promise only
(C)- Performance of a particular act or promise
(D)- None of the above

(B). Promise only

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