Exam 1 Review - I don\'t know what to write here sorry PDF

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Unit 1 Test Review

Class L3000, Section #_601____, Firm # ___8_______ Firm Participants (First and Last name) and which Nos. they answered:

1. Austin Sharp

2. Jacob Smith

3. Joey Sargent

4. Fredrick Shelton

As a Law Firm, submit your firm’s answers for each question on this or a separate sheet of paper (hard copy), explain why you think the answer is correct, and note where you found the answer. Note on your submission, which members of the firm assisted in the preparation and which of the questions for which they prepared the answers, etc. Your Law Firm will also be presenting approximately seven of your answers in class as a Law Firm! Miller and Jentz-2003 MULTIPLE-CHOICE QUESTIONS-CHAPTERS 1&2 1.

Voters in North Carolina approve a new state constitution, after which the Ocean City Council passes new ordinances, the North Carolina Department of Parks and Recreation issues new rules, and the Ocean City Chamber of Commerce sends out new instructions. Sources of law do not include a. instructions issued by the Ocean City Chamber of Commerce. b. ordinances passed by the Ocean City Council. c. rules issued by the North Carolina Department of Parks and Recreation. d. state constitutions passed by popular vote.

2.

The River City Council, the Santa Clara County Board, the Texas state legislature, and the U.S. Congress enact laws. These laws constitute a. administrative law. b. case law. c. stare decisis. d. statutory law.

3.

Jill is an appellate court judge. In this capacity, Jill establishes a rule of law. Under the doctrine of stare decisis, the principle must be adhered to by a. all courts. b. courts of lower rank only. c. that court and courts of lower rank.*********** (Chapter 1, Page 11) d. that court only.

4.

In a suit against Kathy, Lon obtains specific performance. This is a. an equitable remedy and a remedy at law. b. an equitable remedy only. c. a remedy at law only. d. not a remedy.

5.

Beth is a victim of Carl’s violation of a criminal law. Criminal law is concerned with a. the prosecution of private individuals by other private individuals. b. the prosecution of public officials by private individuals. c. the relief available when a person’s rights are violated. d. wrongs committed against the public as a whole.

6.

Tom files a suit against the state of Utah, claiming that a Utah state law violates the commerce clause. The court will agree if the statute a. imposes a substantial burden on interstate commerce. b. promotes the public order, health, safety, morals, or general welfare. c. regulates activities within Utah’s borders. d. regulates private activities.

7.

The police obtain a search warrant and search Dave’s apartment. After yelling obscenities at the officers, Dave confesses to a crime and implicates his friends. The Constitution protects against a. obscene speech only. b. others’ implication only.

c. d.

unreasonable searches only. ************* (Chapter 2, Page 39) obscene speech, others’ implication, and unreasonable searches.

8.

Indiana enacts a statute that bans the distribution of anonymous political leaflets. A court would likely hold this to be a. an unconstitutional restriction of speech. b. constitutional under the First Amendment. c. justified by the need to protect individual rights. d. necessary to protect state interests.

9.

California enacts a statute to ban advertising in “bad taste.” This statute would likely be held by a court to be a. an unconstitutional restriction of speech. b. constitutional under the First Amendment. c. justified by the need to protect individual rights. d. necessary to protect state interests.

10.

Oklahoma enacts a law requiring all businesses in the state to donate 10 percent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level. PriceLess Stores files a suit to block the law’s enforcement. The court would likely hold that this law violates a. no clause in the U.S. Constitution. b. the establishment clause. c. the free exercise clause. d. the supremacy clause.

11.

A Metro City ordinance allows only a few street vendors to operate in certain areas, for the purpose of reducing traffic. A court would likely hold this ordinance to be a. constitutional under the due process clause. b. constitutional under the equal protection clause. *********** (Chapter 2, Page 48) c. unconstitutional under the due process clause. d. unconstitutional under the equal protection clause.

12.

Ann is a nineteen-year-old waiter and Carl is a twenty-three-old bartender at Bob’s Bar & Café. One night after work, Ann asks Carl to serve her alcoholic beverages. In this situation, under the principles discussed in “A Sample Court Case,” Nunez v. Carabba’s Italian Grill, Inc., Bob’s owes Ann a. no duty of care. b. the same duty of care that Bob’s owes to an adult. c. the same duty of care that Bob’s owes to a minor. d. the same duty of care that Bob’s owes to its other employees.

MULTIPLE-CHOICE QUESTIONS-CHAPTERS 1&2 13.

If a provision in the Florida state constitution conflicts with a provision in the U.S. Constitution a. neither provision applies. b. the provisions are balanced to reach a compromise. c. the state constitution takes precedence. d. the U.S. Constitution takes precedence.

14.

Jay is a federal judge. Jay’s judicial decisions are part of case law. This law includes interpretations of a. administrative regulations only. b. constitutional provisions only. c. statutes only. d. administrative regulations, constitutional provisions, and statutes.

15.

Kurt is a judge hearing the case of Local Co. v. Macro Corp. Applying the relevant rule of law to the facts of the case requires Kurt to find previously decided cases that, in relation to the case under consideration, are a. as different as possible. b. as similar as possible. ********** (Chapter 1, Page 14) c. at odds. d. exactly identical. ANSWER: B 16

Holly is a state court judge. Ilsa appears in a case in Holly’s court, claiming that Jim breached a contract. As in most state courts, Holly may a. b. c. d.

ANSWER:

award damages, cancel a contract, or direct a party to do or not to do an act. award damages only. cancel a contract only. direct a party to do or not to do a particular act only. A

17.

Under the Constitution a. b. c. d.

neither the national government nor the states have sovereign power. the national government and the states share sovereign power. the national government exercises all sovereign power. the states exercise all sovereign power.

18.

A New Hampshire state law that directly conflicts with a federal law is invalid under a. the commerce clause. b. the equal protection clause. c. the establishment clause. d. the supremacy clause.

19.

Fred, the president of Good Retail Corporation, claims that certain actions by the federal government and the state of Hawaii infringe on rights guaranteed by the Bill of Rights. Most of these rights limit a. neither the state government nor the federal government. b. the federal government only. c. the state government and the federal government. ********* d. the state government only.

20.

Congress enacts the Tight Money Act (TMA) of 2006 to ban “major business entities” from making political contributions that individuals can make. A court would likely hold the TMA to be a. an unconstitutional restriction of speech. b. constitutional under the First Amendment. c. justified by the need to protect individual rights. d. necessary to protect national interests.

21.

Best Sales Corporation regularly advertises its products. Under the First Amendment, these ads and other commercial speech are given a. less protection than noncommercial speech. b. more protection than noncommercial speech. c. no protection. d. the same protection as noncommercial speech.

22.

A Rhode Island state statute imposes a prison term, without a trial, on all street vendors who operate in certain areas. 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 under the due process clause. d. unconstitutional under the equal protection clause.

23.

Standard Business Company appeals a decision against it, in favor of Top Flight Corporation, from a lower court to a higher court. Standard is a. the appellant. ************ (Chapter 1, Page 24) b. the appellee. c. the defendant. d. the plaintiff.

MULTIPLE-CHOICE QUESTIONS-CHAPATER 4 24.

At Sea Food Cafe, Tom believes that he was overcharged and shoves Wally, a waiter. Wally sues Tom, alleging that the shove was a battery. Tom is liable if a. Sea Food did not overcharge Tom. b. the shove was offensive. c. Tom acted out of malice. d. Wally did not wait on Tom.

25.

Ron, the manager of Sav-Mart Discount Store, detains Tina, whom Ron suspects of shoplifting. Tina sues Ron, alleging that the detention was false imprisonment. Ron is liable if Tina a. did not actually shoplift. b. had not shoplifted in the past. c. had probable cause to leave the premises. d. was detained for an unreasonably long time.

26.

Ace Corporation uses, in its radio ads, a recording by Blair, who owns the rights, without paying for the use. Over time, the song comes to be associated with Ace’s products. Blair sues Ace. Ace is liable to Blair for a. appropriation. b. conversion.

c. d.

wrongful interference with a customary relationship. none of the above.

27.

Acme Computers, a computer store, takes unethical steps to divert the customers of Cyber Goods, an adjacent competing store. Acme may be liable for a. appropriation. b. wrongful interference with a business relationship.************* (Chapter 4, Page 87) c. wrongful interference with a contractual relationship. d. none of the above.

28.

Bill enters onto Cindy’s property to help Donna, who is in danger. Cindy charges Bill with trespass to land. Bill has a. a complete defense. b. a partial defense. c. a possible defense. d. no defense.

29.

Axel steals a business law textbook from Beth. Curt, who does not know that the book is stolen, buys it from Axel. Curt has committed a. conversion. b. disparagement of property. c. no tort. d. wrongful interference with a business relationship.

30.

To protect its customers and other business invitees, Supreme Retail Corporation must warn them of a. all dangers. b. concealed dangers. c. open dangers. d. no dangers.

31.

Kit carelessly bumps into Luke, knocking him to the ground. Kit has committed the tort of negligence a. only if Luke is injured.**********(Chapter 4, Page 92) b. only if Luke is not injured. c. under any circumstances. d. under no circumstances.

32.

Molly shoots Norm with Opal’s pistol. The proximate cause of Norm being shot is most likely attributable to a. Molly and Opal. b. Molly only. c. Opal only. d. neither Molly nor Opal.

33.

Eve is injured when she slips and falls in Finest Discount Warehouse. Eve files a suit against Finest for $50,000. Under a “pure” comparative negligence rule, Eve could recover damages from Finest a. only if Eve and Finest were equally at fault. b. only if Eve was less at fault than Finest. c. only if Eve was more at fault than Finest. d. whether Eve was less, more, or equally at fault.

34. In an emergency situation, Lori renders aid to Mike, who needs help. Mike would most likely be prohibited from suing Lori for negligence under a. any circumstances. b. a Good Samaritan statute. c. a social host statute. d. no circumstances.

35.

Gary is standing on a defective stool when it collapses, causing Gary to fall and suffer an injury. Gary files a suit against Interstate Stools, Inc., the manufacturer. A significant application of the doctrine of strict liability is in the area of a. constitutional law. b. ethics. c. negligence. d. product liability.***************(Chapter 4, Page 81)

MULTIPLE-CHOICE QUESTIONS-CHAPTER 4 36.

Louie files a suit against Myra for assault and battery. Myra can raise the defense of property as a defense to the charge of a. assault only. b. assault or battery. c. battery only. d. neither assault nor battery.

37. Dale hears Ed falsely accuse Flo of stealing from Great Warehouse, Inc., their employer. Ed’s statement is defamatory a. because Dale heard it. b. only if Ed made the statement loudly. c. only if Ed’s statement is also published in the Dispatch, a local paper. d. only if Flo suffers emotional distress.

38.

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.

39.

Curt, a dairy goods salesperson, follows Dona, a competitor’s salesperson, as she visits convenience stores to make sales. Curt solicits each of Dona’s customers. Curt is likely liable for a. conversion. b. trespass to personal property. c. wrongful interference with a business relationship.************* (Chapter 4, Page 87) d. wrongful interference with a contractual relationship.

40.

Ned leaves his car with OK Car Shop to have it repaired. After the car is fixed, OK keeps it. OK is not liable for trespass to personal property if a. Ned refuses to pay for the repair. b. Ned thinks his car is a “joke.” c. OK is keeping the car as a “joke.” d. OK received payment for the repair.

41.

Steve, a television news reporter, knowingly broadcasts an untrue story claiming that Medi-Drugs, Inc., markets a medicine for children that contains highly addictive drugs. Steve is liable for a. slander of quality. b. slander of title. c. wrongful interference with a business relationship. d. none of the above.

42.

Lola files a suit against Mac, a medical doctor, alleging negligence. As a physician, Mac is held to the standard of a. an average human being. b. a reasonable person. c. a reasonable physician. d. a typical professional.

43.

Driving his sport utility vehicle negligently, Bart crashes into a streetlight. The streetlight falls, smashing through the roof of a house, killing Chris. But for Bart’s negligence, Chris would not have died. Regarding the death, the crash is the a. cause in fact.************ b intervening cause. c. proximate cause. d. superseding cause.

44.

Pat files a successful suit against Quality Stores based on Quality’s negligence. Normally, an award in such a suit consists of a. comparative damages. b. compensatory damages. c. contributory damages. d. punitive damages.

45.

A state statute requires machinery in food processing plants to include automatic shut-off switches accessible to each employee working on the machine. Fruit Company’s (FC’s) equipment does not have the switches. Greg, an FC employee, suffers an injury that an accessible shut-off switch would have prevented. Greg’s best ground for recovery is that FC committed a. a dram shop act. b. a violation of the “danger invites rescue” doctrine. c. negligence per se. d. res ipsa loquitur.

46.

Eve owns First-Rate Salvage, a demolition company. A demolition by a First-Rate crew injures Glen, a passerby. Under the theory of strict liability, Eve must pay for Glen’s injury a. only if Glen’s injury was not reasonably foreseeable. b only if Glen’s injury was reasonably foreseeable. c. only if the First-Rate crew was at fault.

d.

whether or not the First-Rate crew was at fault.

MULTIPLE-CHOICE QUESTIONS-CHAPTER 6 47.

Tige steals United Network, Inc.’s (UNI) computer time and the use of UNI’s phones. Tige commits larceny when he steals a. the computer time only. b. the computer time or the use of the phones.************(Chapter 6, Page 142) c. neither the computer time nor the use of the phones. d. the use of the phones only.

48.

Bait ‘n Tackle Corporation switches trademarks on products that it buys to sell to consumers. This is a. burglary. b. forgery. c. larceny. d. robbery.

49.

Doug gains access to government records and alters certain dates and amounts in his favor. This is a. embezzlement. b. forgery. c. larceny. d. robbery.

50.

In relation to Edie’s solicitation of investors in a nonexistent business, she is charged with “mail fraud.” This requires, among other things, a. claiming that an item is “in the mail” when it is not. b. deceiving postal authorities as to the content of an item of mail. c. depositing items in the postal system without proper postage. d. mailing or causing someone else to mail a writing.

51.

Tim is a businessperson with investments in several legal and illegal operations. Tim may be subject to penalties under RICO a. for making an unprofitable, but legal, investment. b. for the commission of any business fraud.************* c. only in a case involving a “racket.” d. only in a case involving organized crime.

52.

Earl, driving while intoxicated, causes a car accident that results in the death of Frank. Earl is arrested and charged with a felony. A felony is a crime punishable by death or imprisonment for more than a. one year. b. six months. c. ten years. d. thirty days.

53.

Barb allows Candy to enter Barb’s warehouse and take a DVD player. Charged with theft, Candy can successfully claim, as a defense, a. consent. b. duress. c. entrapment. d. self-defense.

54.

Mary, who is charged with a crime, claims that Nick, a government agent, entrapped her. For entrapment to be a valid defense a. Mary must not have been predisposed to commit the crime. b. Nick must have pressured Mary into committing the crime. c. Nick must have suggested that the crime be committed. d. all of the above.

55.

The police arrest Lou, who confesses to a crime. Later, Lou refutes the confession and demands a trial, at which witnesses testify they saw him commit the crime. Lou is convicted and sentenced. The U.S. Constitution provides safeguards against all of the following except a. deprivations of life or liberty without due process of law. b. not being allowed to question witnesses. c. punishment.********* d. self-incrimination.

56.

Alan, the president of Beta Investments, Inc., and Colin, Beta’s accountant, are charged with a crime, after the police search Beta’s Offices. Under the exclusionary rule a. certain Beta records are excluded from subpoena by the government. b. certain parties to a criminal action may be excluded from a trial. c. illegally obtained evidence must be excluded from a trial. d. persons who have biases that would prevent them from fairly deciding the case may be excluded from the jury.

57.

Britney, an employee of Computer Associates, is arrested at work. A grand jury issues a formal charge against Britney for larceny. This charge is a. an arraignment.

b. c. d.

58.

an indictment. an information. an inquisition.

Sally is charged with violating the Counterfeit Access Device and Computer Fraud and Abuse Act (CFAA). Crime under the CFAA involves a. accessing a computer wit...