To successfully sue one for negligence, a plaintiff

1) To successfully sue one for negligence, a plaintiff must have show a
duty, breach of that duty, causation ( of harm) and damages.
?True
? False
2) Religious displays on public property are usually held to be
constitutional if they are located close to secular (Non- religious)
things or displays.
? Ture
? False
3) Commerce within a state cannot be regulated by the federal
government, even if the commerce concerns more than one state.
? True
? False
4) “Puffery” (puffing) is sellers talk and amounts to fraud.
? True
? False
5) A test to determine one’s sanity is the M’ Naughten ( McNaughten)
Test. Statement: This test says that one is insane, if at the time of
the act, she has a disease of the mind and does not know difference
between right and wrong.
? True
? False
6) An arbitrator can never render a legally binding decision.
? True
? False
7) The party who appeals a court ruling or decision is called the
appellant
? True
? False
8) Mrs. Hippy gave Mr. Alley bamma $500 to hold for safekeeping for 2
days. The understanding was that Alley would give it back after the
2 days. Instead, Alley took off with the money with the full intend of
“Stealing” it from Mrs. Hippy. Statement: This would be correctly
classified as an embezzlement.
? True
? False
9) If the FTC determines that an advertisement is false or deceptive, it
may require the advertiser to do some “ counter advertising” ? True
? False
10) Modernly, “Privity of Contract” between the plaintiff and the
defendant is required to bring a lawsuit based upon product liability.
? True
? False
11) One day, the police raided Mr, Mal O’ Justment’s house without a
search warrant or probable cause, and found illegal drugs.
Statement: When offered up at trial, the judge would likely throw
the evidence out, because this is evidence that is “fruit from the
poisonous tree.”
? True
? False
th
12) The 5 Amendment to the constitution applies the “ due process”
clauses to the states; the 14th Amendment applies it to the federal
government.
1 True
? False
13) Defamation is a tort where one wrongfully hurts another person’s
good reputation.
1 True
? False
14) A reference to “15 U.S.C Section 1” means that a statute can be
found on page 15 of section 1 of the united stated code.
1 True
? False
15) Written questions that must be answered and returned back to
the sending part are called “depositions”
1 True
? False
16) Today, Mr. Chuck Roast received a copyright on his latest
photographs. Statement: this copyright protects him for his
“lifetime, plus 40 years.”
1 True
? False
17) “Embezzlement” is like robbery in that neither crime requires a
showing of the use of force or fear.
1 True
? False
18) Stare decisis is a doctrine obligating judges to follow previous
precedents established within their jurisdiction. 1 True
? False
19) During “Voir dire.” There are time when a party can ask that
some prospective juror be dismissed without providing the court
with a reason.
1 True
? False
20) With Mediation, the parties in dispute argue their case before a
neutral third party who decided, in the end, who “wins” or who
“Loses.”
1 True
? False
21) Facts: An appellate court “ remanded” a matter. Question: This
means the court did what?
1 Upheld the lower court’s decision
2 Sent the matter back to the lower court for retrial
3 Gave a new, different judgment
4 Allowed oral arguments to take place before that appellate court
22) Ben, a salesperson for certified Pre- owned Motors, Inc Tells
donna, “This is the best off-road vehicle ever designed.” Statement:
This statement is
1 An express warranty
2 An implied warranty
3 Puffery ( Puffing )
4 None of the above
23) “Substantive due process” focuses on what?
1 Procedures used to make decisions to talk “life, liberty or
property”
2 The content of a law and its constitutionality
3 The treatment of similarly situated individuals
4 All of the above
24) Henry intends to steal Erin’s purse. He pushed her to the ground,
grabbing the purse as she falls. Question: The use of force or fear is
required for this act to constitute what?
1 Burglary
2 Forgery
3 Larceny
4 Robbery
25) Which of the following could you do in the “ discovery” process? 1
2
3
4
26) Ask for a JNOV(NOV)
ASK for admissions
Do opening statements
All of the above
Under the criminal provisions of RICO, and individual found guilty of
1
2
3
4
27) a violation is subject to what?
A fine of up to $ 25.000
Imprisonment for up to twenty years
Both a and b
None of the above
In most states, a misdemeanor is defined as a crime that is punishable by imprisonment for up to what period time?
1 One year
2 Five years
3 Ten years
4 None of the above
28) Which of the following is a document where the plaintiff alleges
wrongdoing by the defendant?
1 A JNOV (NOV)
2 A default judgment
3 A complaint
4 None of the above
29) The title of an appellate court case is: “standard Tool Co. V Top
Tools, Inc.“ Question: this means the lower court ruled how?
1 In neither party’s favor, but referred the case to a higher court
2 In standard Tool’s favor
3 In top Tool’s favor
4 None of the above
30) The definition of “Jurisdiction” is
1 The proper geographical area for trial
2 The pleading being properly filed and served
3 The power that a court has to hear and determine and issue
4 None of the above
31) “ Common law” is another term for what?
1 Administrative law
2 Case law
3 Civil law
4 Statutory law 32) At a fast food restaurant, Todd believes that that he is being overcharged and shoves Vicky, the clerk. Vicky sues Todd, alleging
that the shove was a battery. Statement: Todd is liable if
1 The shove was offensive
2 Todd acted out of “malice”
3 Todd was not really overcharged
4 None of the above
33) The first Amendment guarantees the freedom of what ?
1 Religion
2 Speech
3 Both of the above
4 None of the above
34) Mr, Alley Gator pushed Ms, Ima Grate, and she falls and breaks
her arm. Statement: Alley is criminally liable for the injury
1 If Alley intended to push Ima
2 If Alley intended to break Ima’s arm
3 Only if Alley had a bad motive for pushing Ima
4 Two of the Above
35) The “ Citation” of a case does not include which of the following?
1 The names of the parties
2 The names of the Judge who decide it
3 The year in which it was decided
4 The volume and page number of the applicable reporter were the
opinion may be found
36) Jack set a fire. At common law the crime of arson could be
committed only if a person burned
? A commercial structure 2 His or her own house
3 Another person’s house
4 Two of the above
37) A city ordinance that allows only a few street sellers to operate in
roped- off areas, for the purpose of reducing traffic, would likely be
held by the court to be what ? ? Constitutional under the “ due process” clause
2 Constitutional under the “ equal protection” clause
3 Unconstitutional under the “ due process” clause
4 Unconstitutional under the “equal protection clause
38) Much of American Law is based on what?
? The English common law
2 The French legal system
3 The Greek legal system
4 Two of the above
39) The Magnuson Moss Act Says what? ? A seller is not required to make any express product warranties
2 If a warranty is offered it must be labeled as either full or limited
3 Both of the above
4 None of the above
40) If a state passes a law that takes away one of your “ Fundamental
rights” under the constitution, what “Test” will it have to satisfy in
order for a court not to hold the statute to be unconstitutional?
? The “ reasonable person” test
2 The “ rational basis” test
3 The “ Strict scrutiny” test
4 None of the above