false Flashcards
1
Q
The use of a jury in court is a fairly recent thing
A
F
2
Q
Malpractice is something unique in the US & has only occurred in the last few hundred years
A
F
3
Q
Malpractice has been increasing dramatically in the last ten years
A
F
4
Q
The legislative branch of government can appoint heads of the different departments of the executive branch of government
A
F
5
Q
The constitution specifies a number of different agencies that report to the president & VP
A
F
6
Q
Article 3 of the constitution authorizes the establishment of specifically tax courts
A
F
7
Q
- If a state issue is involved such as divorce then the US Supreme Court has no authority to change the Supreme Courts Decision
A
F
8
Q
- If someone trespasses on your land and their injured you have no liability in CA
A
F
9
Q
- If you block the front door to someones house but they can leave out the back door it is still false imprisonment
A
F
10
Q
- If you follow somebody closely but do not bother them, it is not a violation of the stalking laws
A
F
11
Q
- A PT owes a duty to a person who is drowning in a swimming pool if they walk by
A
F
12
Q
- If you are sued for malpractice, the duty must meet a local standard and not a national standard
A
F
13
Q
- It is always easy to determine if duty has been breached in a negligence suit and never requires experts
A
F
14
Q
- Loss of consortium is usually filed by the plaintiff
A
F
15
Q
- Product liability is a type of intentional tort
A
F
16
Q
- Offers and acceptances for commercial merchants are established under the UCC
A
F
17
Q
- Under the UCC if an acceptance modifies the offer, it is valid if not objected to within 12 business days
A
F
18
Q
- The mailbox rule states that an offer is valid at the date of receipt
A
F
19
Q
- Gifts are a good example of contracts
A
F
20
Q
- Punitive damages can be awarded for breach of contract
A
F
21
Q
- Pain & suffering are awarded in a breach of contract
A
F
22
Q
- The parole evidence rule says that you can be released from prison if you behave yourself
A
F
23
Q
- If you assume the debt of another it must be in writing unless it is more than 100 dollars
A
F
24
Q
- Goods over 10 dollars that are sold must involve a written contract
A
F
25
Q
- A real estate contract to rent an apartment for 2 months does not have to be in writing
A
F
26
Q
- A prevailing law clause states that you will use the law the state you work in
A
F
27
Q
- In CA, an employment contract can specify that after you leave one PT practice you cant work within 25 miles within 2 years
A
F
28
Q
- An indemnity clause specifies who will have to pay damages in legal fees if something goes wrong in a contract
A
F
29
Q
- Criminal and civil assault and battery are exactly the same except that one is filed by the state
A
F
30
Q
- A depraved type murder is a type of 2nd degree murder
A
F
31
Q
- For a 1st degree murder, deliberation is always necessary
A
F
32
Q
- If a person kills another person in self defense, it is not considered murder
A
F
33
Q
- In CA a valid defense for 1st degree murder is eating twinkes.
A
F
34
Q
- Negligent homicide requires deliberation & premeditation
A
F
35
Q
- A person accidentally walks into a stock room of a grocery store and upon seeing the groceries decides to take some. This is a typical example of a burglary
A
F
36
Q
- One good defense for a criminal act is that you were drinking
A
F
37
Q
- If someone gives you drugs and you don’t know you’re taking drugs, then you will still be convicted of a crime
A
F
38
Q
- After you have been served with a lawsuit in a civil case you have sixty days to respond
A
F
39
Q
- During discovery you can only use interrogatories and depositions
A
F
40
Q
- An interrogatory can be served on any one to expedite the case
A
F
41
Q
- In the opening argument, the trial attorneys can argue that the other side has poor evidence
A
F
42
Q
- Once you file a lawsuit against somebody, you can hand it to the other party yourself
A
F