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buslaw

Terms in this set (45)

1. In a civil lawsuit against Ellen, Fred obtains an injunction, which is:
b. an equitable remedy.
2. Our society has laws for which of the following reasons:
d. all of the above.
3. Common law rules develop from:
c. the principles behind judicial decisions in actual legal disputes.
4. What is the doctrine under which judges are obligated to follow the precedents
established in prior decisions?
a. stare decisis.
5. A body of law that exists at the federal level as well as in all of the states that sets forth the general organization, powers, and limits of their respective governments is called:
c. Constitutional Law.
6. Statutory Law can best be defined as:
a. laws enacted by legislative bodies at any level of government.
7. Primary sources of law include:
d. I, II, and IV only.
8. Ann convinces DD's Cleaners, a dry-cleaning business, to enter into a long-term purchase contract with her company, Chem-Clean, for dry-cleaning solution. However, unknown to Ann, DD's is only in her second year of a five-year contract with Zed's Solutions Inc., a dry-cleaning solution company that Ann is constantly fighting for business. As a result of DD's new contract with Ann, DD's Cleaners stops purchasing cleaning solution form Zed, breaching the current five-year contract with Zed. Zed sues DD for breach of contract and Ann (Chem-Clean) for wrongful interference with a contractual relationship. Zed's likelihood of success against Ann (Chem-Clean) is:
d. a and c, but not b.
9. Substantive Law can best be defined as:
c. a body of law consisting of laws that define, describe, regulate, and create legal rights and obligations.
10. Irma files a civil action against Jim. To succeed, Irma must prove her case:
d. by a preponderance of the evidence.
11. Dana, a resident of California, owns a farm in Oregon. A dispute arises over the ownership of the farm with Bob, a resident of Nevada. Bob files suit against Dana in Oregon. Regarding this suit, Oregon:
c. can exercise in rem jurisdiction.
12. Procedural Law can best be defined as:
a. the law that establishes the methods of enforcing the rights established by substantive law.
13. An intentional tort must have which of the following elements:
d. a and b, but not c.
14. Mark pushes Don. Don falls to the ground and breaks his arm. Under the civil law, Mark is liable to Don for Don's injury:
c. if Mark intended to push Don.
15. During a phone conversation between Alan and Beth only, Alan falsely accuses Beth of stealing money from their former employer, Consolidated Industries. This is:
d. none of the above because the communication was not published.
16. Jill accuses Ken of committing the tort of assault. A person commits an assault if they create in another a reasonable apprehension or fear of:
d. II only.
17. Gene files a suit against Phil in a California state court. Phil's only connection to California is an ad on the Internet originating from Boise, Idaho. For California to exercise jurisdiction the court would focus on whether Phil's Internet ad represents:
d. "Sufficient Minimum Contacts" with the forum state.
18. Steve, the head of security for A-1 Hardware Store, detains John, who Steve suspects of shoplifting. John sues Steve and A-1, alleging that the detention was false imprisonment. Steve and A-1 would most likely be liable if John could show:
d. was detained for an unreasonably long period of time.
19. The tort of Negligence can best be described as:
c. legal liability for failing to act as a reasonably prudent person under the circumstances.
20. Dana, an engineer, is hired to oversee construction of a new bridge in San Francisco. When the bridge collapses due to faulty construction, Dana is sued by those injured in the collapse under a theory of Negligence. As a professional, Dana is held to the same standard of care as:
b. a reasonably prudent member of her profession in the same or similar community.
21. Delta Trucking, Inc. operates a trucking distribution service throughout the United
States. The U.S. Congress recently enacted legislation outlawing the use of triple trailer
trucks on any interstate within the United States. A triple trailer truck is a semi-truck
with three trailers attached together. Delta would like to challenge this legislation in
court. Delta's best argument would be:
d. that Congress has exceeded its constitutional authority to regulate interstate commerce as granted under "Commerce Clause."
22. Tom, a police officer, pulls over Bill for a minor traffic infraction (did not use blinker when making a left turn). As Tom approaches the car he notices that Bill and his passenger Phil are make many gestures and movements and he notices Bill reaching over and taking something out of the glove box. Under this scenario, can Tom pull Bill out of the car and search him?
c. Yes, because Tom could conduct a Terry stop, a pat down search, of Bill because Tom has reasonable suspicion that Bill may be armed and dangerous.
23. A state statute requires amusement park owners to maintain their equipment in specific condition for the protection of their patrons. Ed, who owns an amusement park, fails to adhere to the requirements of the statute. As a direct result of this failure, Fran, a patron, is injured. Fran sues Ed under a theory of negligence. In an effort to prove Ed breached his duty of care, Fran's best theory would be:
c. negligence per se.
24. ABC Airline Flight 72 crashes shortly after take-off. There are no survivors. Betty sues ABC Airline under a theory of negligence. In an effort to prove ABC's breach of their duty of care, Betty's best argument would be:
b. res ipsa loquitur.
25. While shopping at a Wal-Mart in Sacramento, CA, Ann trips over a box of shotgun shells sitting in the aisle waiting to be unpackaged and placed in the display case. Before she fell, Ann received a phone call from a close friend on her cell phone and was not paying attention. Ann sues Wal-Mart under a theory of negligence. Wal-Mart's defense is that Ann is comparatively negligent. If a court finds that Ann was 90% at fault, then Ann:
b. can still recover, but the recovery is reduced by her percentage of fault.
26. The broad categories of the Commerce Clause power are:
b. I, II, III, and IV.
27. Refer to fact pattern #1: Dave sues Rob for battery. Dave's chances for success with his claim for battery are:
b. not good - because Rob did not act with the intent to cause a harmful or offensive contact.
28. Refer to Fact Pattern #1: Sue sues Rob under a theory of negligence. Rob's best argument in defense of sues claim is:
c. Sue was not a foreseeable plaintiff.
29. Refer to fact pattern #1: After the incident, Julia recognizes what an idiot Rob is and breaks up with him. In addition, to pour gas on the fire, Julia files a claim against Rob for Negligence and Assault. As to the assault claim, Julia's chances for success are:
b. not good - because Julia was never in a reasonable apprehension or fear of immediate harmful touching.
30. Refer to fact pattern #1 and question 29 above. As to Julia's Negligence claim, Rob's best argument for his defense of Julia's claim is:
c. Julia suffered no injury as a result of his negligence.
31. Tom is charged with arson. The burden of proof to find Tom guilty of the crime charged is:
b. beyond a reasonable doubt.
32. Don and Jeff are involved in a disturbance at their favorite steak house. Don is charged with a misdemeanor and Jeff is charged with a felony. Which one of the following statements is true:
c. a felony is punishable by death or imprisonment for more than one year.
33. In an effort to take Erin's purse from her, Don pushes Erin to the ground while ripping the purse from her hand. The use of force or fear is required for this act to constitute:
d. robbery.
34. Jay, while on his way into Wal-Mart, wrongfully takes an unopened carton from Wal-Mart's loading dock by throwing it into his trunk and driving away. Jay is charged with embezzlement and larceny. Which one of the following is his best defense to the embezzlement charge?
c. he was not in lawful possession of, or entrusted with the property.
35. Jake, a bank officer, deposits into her own account checks that are given to her by bank customers to deposit into their accounts. The fraudulent appropriation of a person's property or money by another person entrusted with it is:
b. embezzlement.
36. Carla creates a fraudulent scheme to solicit investments in a non-existent business opportunity. Carla sends Tom, via U.S. Mail, a fictitious investment information packet and Tom decides to invest with Carla and sends her a check via Federal Express. Carla could be charged with which one of the following crimes:
c. mail fraud.
37. The District Attorney is going to charge Laura with a Homicide for the death of Suzy, the store patron, what is the most likely charge?
c. Felony Murder, because the killing occurred during the commission of a felony, Robbery.
38. Dave is charged with First Degree Murder for the killing of Suzy. Which statement best describes this charge:
d. Felony Murder is the correct charge in this case because the killing occurred during the commission of a felony.
39. Dave is charged with Murder for the killing of Jake, the store clerk. In his defense, Dave argues self-defense and that he was only defending himself and should not be charged with murder. What is the likelihood of success of the defense of self-defense under these circumstances?
b. Not Good, because Dave cannot claim self-defense because he was the initial aggressor.
40. With respect to the deaths of Steve and Lisa, what are the proper charges for both Dave and Laura?
a. Felony Murder is the correct charge for both Dave and Laura because the killing occurred during the commission of a felony.
41. Sid finds out that his wife, Betty, is having an affair with Joe his best friend. Sid is enraged by the affair and decides to kill Joe
b. First Degree Murder because it was premeditated and deliberate murder.
42. Same facts as question 41 above except that assume Sid walks in on his wife and Joe in the "throws" of passion, so to speak
a. Voluntary Manslaughter because it was committed in the "heat of passion" and with provocation.
43. According to the Exclusionary Rule:
d. illegally obtained evidence must be excluded from consideration in a trial.
44. The 4th Amendment to the U.S. Constitution protects citizens of the U.S. from "unreasonable" searches and seizures. In an active policing situation, this general standard can best be described as:
a. search and or seizure must be based on probable cause.
45. Mens rea is defined as:
b. a guilty mind, intent, or the mental state required for establishing criminal liability.
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