MGMT 311 Exam 1 - FLASHCARDS - Practice questions

Question 1

1. Bill owns a tract of land that he agrees to sell Doug. However, after their agreement Doug learns Bill found another buyer for twice the asking price and is now refusing to honor his deal with Doug.
   What remedy(ies) is/are best for Doug?
   A. sue Bill for breach of contract and seek compensatory damages.
   B. sue Bill for breach of contract, seek an injunction and then specific performance.
   C. sue Bill for breach of contract and compensatory and punitive damages.
   D. sue Bill for breach of contract and seek specific performance only.
   E. sue Bill for breach of contract and seek an injunction only.

Answer 1

B. sue Bill for breach of contract, seek an injunction and then specific performance.

Question 2

2. Look at the Cal-Ban 3000 Hypo posted on Canvas under Ch. 4 Materials “Extra Practice Jurisdiction Hypos and Answers”. Refer to that scenario and answer this question:
   Do the Federal Courts have jurisdiction over Prescott Pharmacies, CKI Industries and Health Care Products, Inc.?
   A. no, because there is no federal question present in the case.
   B. yes, because there is diversity of citizenship.
   C. yes, because when someone suffers severe trauma, the dollar mount should be above the low threshold of $75,000.
   D. no, because the presence of Prescott Pharmacies in the defendant party destroys diversity of citizenship and without complete diversity of citizenship amongst the parties, the federal court doesn’t have subject matter jurisdiction over a personal injury case, regardless of the dollar amount.
   E. none of the above.

Answer 2

D. no, because the presence of Prescott Pharmacies in the defendant party destroys diversity of citizenship and without complete diversity of citizenship amongst the parties, the federal court doesn’t have subject matter jurisdiction over a personal injury case, regardless of the dollar amount.

Question 3

3. In a suit between Best Buy and Target, the court applies the doctrine of stare decisis. This means the court follows rules of law established by
   A. all courts.
   B. the higher courts in the jurisdiction of the court where the case is filed.
   C. courts in another jurisdiction if this is a case of first impression.
   D. decisions involving cases with similar facts.
   E. B, C and D are all correct.

Answer 3

E

Question 4

4. Civil Law concerns:
   A. disputes between persons and between person and their government.
   B. laws that define, describe, regulate, and create rights and duties.
   C. laws that establish methods for enforcing rights.
   D. wrongs committed against society for which society demands redress.
   E. All except D.

Answer 4

A. disputes between persons and between person and their government.

Question 5

5. Southern Shipping is challenging a Texas Statute, claiming that is unlawfully interferes with interstate commerce. A court will likely
   A. Balance Texas’s interest in regulating the matter against the burden on interstate commerce.
   B. Balance the burden on Texas against the merit and purpose of interstate commerce.
   C. Just immediately strike down the statute as unconstitutional.
   D. Uphold the statute as constitutional.
   E. None of the above.

Answer 5

A. Balance Texas’s interest in regulating the matter against the burden on interstate commerce.

Question 6

6. A Maine statute that limits the liberty of ALL persons to engage in certain activities may violate constitutional provisions covering the
   A. equal protection clause
   B. procedural due process
   C. substantive due process
   D. the right to privacy.
   E. A and D are both correct

Answer 6

C. substantive due process

Question 7

7. An Austin City Ordinance restricts Taco trucks from doing business in a heavily trafficked area. This would be analyzed under the
   A. equal protection clause
   B. procedural due process
   C. substantive due process
   D. the first amendment.
   E. A and D are both correct

Answer 7

A. equal protection clause

Question 8

8. Which of the following is/are TRUE?
   A. The US Constitution is the supreme law of the land.
   B. Statutes NEVER violate the constitution.
   C. UCC stands of Uniform Commercial Code.
   D. The President has less power in Executive Agencies than with Independent Regulatory Agencies.
   E. A and C are both TRUE.

Answer 8

E. A and C are both TRUE.

Question 9

9. Which of the following is/are FALSE?
   A. Special Damages are quantifiable.
   B. A plaintiff can ask for loss of time and loss of money as special damages.
   C. General Damages include property damages.
   D. General Damages are subject to interpretation and arguments of parties.
   E. Punitive Damages are awarded in addition to compensatory damages.

Answer 9

C. General Damages include property damages.

Question 10

10. Which of the following is TRUE about the common law?
    A. The common law is created by the legislative branch.
    B. Equitable remedies are available even if legal remedies are adequate.
    C. Stare Decisis leads to the law being static and unchanging.
    D. Dobbs v. Jackson Women’s Health confirmed decades old precedent on the purposes of stare decisis and the factors used when courts can and should overrule long standing precedent.
    E. B and D are both TRUE.

Answer 10

D. Dobbs v. Jackson Women’s Health confirmed decades old precedent on the purposes of stare decisis and the factors used when courts can and should overrule long standing precedent.