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Terms in this set (35)
The case must be brought in Federal Court because copyright is a Federal question.
A dispute arises as to the creater of a work of art. Picaso is a resident of Arizona. Rembrandt is also a resident of Arizona.
A. The amount in controversy must be over $75,000 to be able to use Federal Court.
B. The case must be brought in State court because both are Arizona residents.
C. The case must be brought in Federal Court because copyright is a Federal question.
D. The case must be brought in the Federal Circuit Court of Appeals.
Jones may claim anticipatory breach of contract based upon the inability of Smith to fill the order.
Smith and Jones wish to enter into a contract. Smith promises to deliver 300 cases of soup cans to Jones, at Jones' place of business. Jones promises to pay $300 per case in advance of delivery. Prior to delivery of the soup cans, Jones learns that Smith is unable to fill the order.
A. Jones must still pay as promised.
B. Jones may alter the terms of the contract and pay on delivery.
C. Jones should sue Smith in tort for trespass.
D. Jones may claim anticipatory breach of contract based upon the inability of Smith to fill the order.
This is an example of the President usurping power that belongs to the Congress.
The Department of Homeland Security is responsible for enforcement of immigration laws. Those laws are passed by the Congress and signed into law by the President. The President of the United States directs the Department to not enforce existing law against any child brought to this country in violation of said laws who was brought into this country more than five years ago and is now between the ages of 18 and 30 and has met certain other standards, like graduation from high school or military service.
A. This is an example of the President usurping power that belongs to the Courts.
B. This is a lawful presidential order, because the President can always direct how laws are enforced.
C. This is an example of the President usurping power that belongs to the Congress.
D. This is just political posturing, because immigration is governed by the states.
This is a violation of due process, because it discriminates against those under the age of 18 and 30 and has met certain other standards, like graduation from high school or military service.
Assume the presidential order set forth above is something the president has the constitutional power to issue. It could still be subject to challenge because:
A. This is a violation of due process, because it is not the least restrictive means available.
B. This is a violation of due process, because it discriminates against those under the age of 18 or over the age of 30, without any rational basis.
C. This is a political issue that must be addressed by the Congress.
D. The courts simply need something to do.
An express warranty
A light switch is labeled "on" a the top and "off" at the bottom. Such labeling is:
A. Free speech
B. An implied warranty
C. A contract
D. An express warranty
Resolve ambiguities in a contract.
Parol evidence is used to:
A. Resolve ambiguities in a contract.
B. Convict a defendant for a felony.
C. Provide alternative definitions for terms in a contract
D. Invalidate a contract.
You can successfully defend a lawsuit even if the article was not true, so long as it was not done with malice
You are the editor of a major newspaper. You decide to run an article that accuses a presidential candidate of fathering an illegitimate child:
A. You are immune from being sued because the presidential candidate is a public figure.
B. You are immune from being sued because you are performing a public service
C. You can successfully defend a lawsuit only if your article is proven true.
D. You can successfully defend a lawsuit even if the article was not true, so long as it was not done with malice.
Punish the defendant and deter others
Punitive damages are intended to:
A. Enrich the government
B. Punish the defendant and deter others
C. Pay the lawyers
D. Fully compensate the plaintiff
File an appeal with the Tennessee Court of Appeals
Fred, the plaintiff in a Tennessee state court case for breach of contract, is unhappy with the verdict. He should:
A. File an Appeal with the Federal District court
B. File an appeal with the Tennessee Court of Appeals
C. File an appeal with the Tennessee Supreme court
D. File an appeal with the United States Supreme court
Learn to live with it, because the Judge is immune from being sued
Fred is completely unhappy with the Judge who heard the case. He can:
A. Learn to live with it, because the Judge is immune from being sued.
B. Sue under a tort theory for damages based upon the Judge's misconduct
C. Sue under a contract theory for the Judge's failure to do his duty
D. Sue the Judge for violation of is constitutional rights.
That the seizure is an excessive fine, in violation of their 8th Amendment rights
The Bajakajian family was leaving the country with $357,144 in cash. The money was legally earned, but they did not comply with a Federal law requiring anyone carrying more than $10,000 to report it. Federal agents seized all of the money, claiming it was an instrumentality of the crime being committed in not reporting. The Bajakajian family's best argument to get their money back is:
A. That they were not aware of the requirement to report the money.
B. That the seizure is an excessive fine, in violation of their 9th Amendment rights.
C. That the seizure is a taking under the 6th Amendment.
D. That the seizure is an excessive fine, in violation of the 8th Amendment rights.
It may be appealed directly to the Court of Appeals
All of the following are true regarding mediation except:
A. It gives the parties to the lawsuit some measure of control in determining the outcome
B. If successful, it reduces the const of resolving the lawsuit
C. It may be appealed directly to the Court of Appeals
D. It is not binding unless the parties reach agreeement
While playing soccer you collide with another player, breaking the other player's leg. The injured player incurs $12,000 in medical bills and now walks with a permanent limp. Your defense to a lawsuit filed against you by the injured player is:
B. Express waiver
C. Res Ipsa Loquitur
D. Independent intervening cause
A doctrine by which the actions of one person can also lead to liability on the part of that person's employer
Respondeat Superior is:
A. A method of obtaining personal jurisdiction over an out-of-state defendant
B. A doctrine by which the actions of one person can also lead liability on the part of that person's employer
C. The style of pleading used to request review by the United States supreme court
D. The constitutional right to have one's detainment reviewed by a Federal District Judge
All of the following are prima facie elements of a tort cause of action except:
A. Cause in fact
C. First Cause
Seek an injunction against Joe's working for their competitor
Joe works for Pepsi. Joe, as part of his job, mixes the ingredients and thus is aware of the secret formula for Pepsi. Joe signed a contract with Pepsi that includes a covenant against disclosure of trade secrets and a covenant not to compete. Joe grows unhappy with his employment and decides to take a new job at Coke. Pepsi is on firm legal ground to:
A. Send a hitman to eliminate Joe
B. Seek an injunction against Joe's working for their competitor
C. Have Joe arrested
D. Withhold Joe's last paycheck
The contract is enforceable as written
Deschamps signs an agreement to buy a mobile home park. The contract that he signs expressly states that Deschamps "is not relying upon any oral assurances" from the seller. While the contract states that the property is being sold "as is", seller tells Deschamps that the sewers are in good order. After purchasing the park, Deschamps discovers that contrary to the assurance of the seller, the sewers are going to need considerable repairs.
Each of the following is an essential element of a contract except:
Return the car to Ford and void the contract based upon his lack of capacity
Bob is 16 years old. Bob purchases his first car from Ford. Bob drives the car for one week and then decides he does not like it. Bob legally is entitled to:
A. Burn the car without violating any law.
B. Return the car to Ford and void the contract based upon his lack of capacity.
C. Keep the car, but demand his money back from Ford because he is a minor.
D. Get compensatory damages from Ford because they sold the car to him as a minor
If a crime requires a guilty mind (intent), all of the following are possible defenses except:
A. Involuntary Intoxication
C. Anticipatory Breach
Your intent is transferred, so mens rea is still present
If you intend to strike Bob, but miss and hit Susan instead...
A. You are not guilty of any crime
B. Your intent is transferred, so mens rea is still present
C. You are not guilty if you are related to Susan
D. You are guilty of a criminal attempt as to Susan and a battery as to Bob
White Collar crime
Economic espionage is an example of:
A. An ethical business practice
B. White Collar crime
C. A violation of the 4th Amendment
D. The separation of church and statew
Require your corporation to turn over company financial records
Even if you invoke your 5th Amendment rights, the State can still
A. Require you to testify against yourself
B. Require you to turn over personal records
C. Require you to give a handwriting sample
D. Require your corporation to turn over company financial records
Discretionary, meaning that the Supreme Court can refuse to hear the appeal
An appeal from the Court of Appeals to the Supreme Court is
A. The right of every person who is a party to a lawsuit
B. Only allowed in criminal cases
C. Discretionary, meaning that the Supreme Court can refuse to hear the appeal
D. Mandatory, meaning the Supreme Court must hear the appeal
Damages in a contract case may include all of the following except:
A. Compensatory damages
B. Liquidated damages
C. Consequential damages
D. Punitive damages
The right to royalties
Miranda warnings include all of the following except:
A. The right to an attorney
B. The right to royalties
C. The right to remain silent
D. If indigent, the right to appointed counsel
Beyond a reasonable doubt
The prosecution has the burden of proving a criminal case:
A. By a preponderance of the evidence
B. Beyond a reasonable doubt
C. By clear and convincing evidence
D. In the name of love
All of the following are damages recoverable in tort except:
A. Liquidated damages
B. Loss of enjoyment
C. Future lost wages
D. Loss of consortium
A case that may be brought in either state or Federal court is an example of:
A. Diversity jurisdiction
B. Concurrent jurisdiction
C. Strict liability
D. Exclusive jurisdiction
The power of the state to regulate use of public facilities is based upon:
A. The Commerce Clause
B. Eminent Domain
C. Police powers
D. Divine right
The President puts forth a nominee, whom the Senate must approve
To fill a vacancy on the U.S. Supreme Court,
A. Congress puts forth a nominee, whom the President must approve
B. The House of Representatives puts forth a nominee, whom the Senate must approve
C. The President puts forth a nominee, whom the Senate must approve
D. The President puts forth a nominee, whom the Congress must approve
Pay Joe his last paycheck
Joe works for Pepsi. Joe, as part of his job, delivers cases of product to retail stores. Every case of product contains the ingredients in the secret formula, but he is otherwise unconnected to any knowledge of the secret formula for Pepsi. Joe grows unhappy with his employment and decides to take a new job at Coke. Pepsi's best legal response is:
A. Send a hitman to eliminate Joe
B. Seek an injunction against Joe's working for the competitor
C. Have Joe arrested
D. Pay Joe his last paycheck
By a preponderance of the evidence
A civil case must be proven
A. Beyond a reasonable doubt
B. By a preponderance of the evidence
C. By clear and convincing evidence
D. To a metaphysical certainty
The Tennessee Statute regarding marriage is stricken and it is up to the Tennessee Legislature to pass a new statute if the State wants to continue issuing marriage licenses
The United States Supreme Court ruled in Oberkfell that States cannot deny marriage licenses to individuals who apply for a license to marry someone of the same gender. This holding by the Court means that:
A. The county clerk in Putnam County must issue a license to same-gender applicants
B. Same-gender persons no longer need a license to marry
C. The Tennessee statute regarding marriage is now interpreted to include the right to include the right to a license for same gender applicants
D. The Tennessee Statute regarding marriage is stricken and it is up to the Tennessee Legislature to pass a new statute if the State wants to continue issuing marriage licenses
Under the Taxing Power
The Affordable Care Act (sometimes called "Obama-care") was reviewed by the U.S. Supreme Court and upheld as Constitutional:
A. Under the Commerce Clause
B. Under the Necessary and Proper Clause
C. Under the Santa Clause
D. Under the Taxing Power
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