Quiz Qyestions Flashcards
The Uniform Commercial Code (UCC) has been adopted, in whole or in part:
a. by none of the states, it is simply too complex.
b. by southern states only, because of its focus on agricultural issues.
c. by twenty-five states.
d. by all of the states.
e. only Texas.
d. by all of the states.
A cornerstone of both the English legal system and American case law is:
a. the doctrine of res nullius.
b. the doctrine of stare decisis.
c. the doctrine of res ipsa loquitur.
d. the doctrine of judicial restraint.
e. the doctrine of no habla ingles.
b. the doctrine of stare decisis
Civil law, as opposed to criminal law, is best described as:
a. the law that governs relations between persons and other persons.
b. the common law.
c. federal law, not state law.
d. the law governing relations among nations.
e. none of the above.
a. the law that governs relations between persons and other persons.
Does the U.S. government have the legal authority to regulate the ethical conduct of U.S. businesses
operating in other parts of the world?
a. No, it would violate the interstate commerce clause.
b. No, the government cannot regulate conduct beyond U.S. borders.
c. No, the government can prohibit bribery of foreign officials by U.S. firms
d. Yes, the government can prohibit bribery of high-ranking foreign officials by U.S. firms.
e. All of a., b. and c. are true.
d. Yes, the government can prohibit bribery of high-ranking foreign officials by U.S. firms.
Johnson Controls was in the business of manufacturing lead-acid batteries, so it adopted a “fetal
protection policy” which prohibited women of child-bearing capacity from working on the assembly line.
The purpose of the policy was to avoid any risk of exposure to lead which conclusive scientific studies
confirmed would be very dangerous for a fetus. A group of women workers challenged the policy as
violating their civil rights since they did not have as many opportunities to advance in the organization
to jobs with better pay if they could not be on the assembly line. Decide.
a. The requirement is legal because it is designed only to protect the unborn.
b. The requirement is legal because adequate scientific evidence confirms lead is dangerous.
c. The requirement is illegal discrimination on the basis of gender.
d. The requirement is illegal discrimination because it only affects some women.
e. Both a. and b. above.
c. The requirement is illegal discrimination on the basis of gender.
The supremacy clause of the U.S. Constitution states that:
a. state constitutions are the supreme law of the land.
b. the U.S. Constitution is the supreme law of the land.
c. state constitutions and the U.S. Constitution are equally authoritative.
d. the executive branch has supreme power in the federal government.
e. the U.S. Supreme Court is supreme.
b. the U.S. Constitution is the supreme law of the land.
The constitutional right to “due process” entitles a person to what prior to the government imposing
some sanction, penalty, or fine?
a. notice and hearing
b. appeal to the Supreme Court.
c. an attorney
d. both a. and b. above
e. all of the above.
a. notice and hearing
Mr. Smith owned a small motel in a small town in Georgia. He was not on the interstate highway, and
most of his customers were from Georgia. Congress passes a law that he must rent his rooms to anyone,
regardless of race, color or ethnicity. He sues to challenge the validity of that law, and the federal
government says that it was enacted pursuant to Congress’ authority under the interstate commerce clause
of the Constitution. Decide.
a. Smith will win because he is not engaged in interstate commerce.
b. Smith will win because of the equal protection clause of the Constitution.
c. Smith will lose since he is engaged in interstate commerce whether he likes it or not.
d. Smith will lose since the federal government has paramount authority.
e. Both a. and b. above.
c. Smith will lose since he is engaged in interstate commerce whether he likes it or not.
The Bellagio hotel in Las Vegas advertises extensively in California on radio, television, newspaper,
direct mail, and with billboards. A California resident made a reservation and later got in a dispute with
the hotel over certain charges on his bill. He files suit against the Bellagio in California. The Bellagio
responds with a plea to the jurisdiction stating that the courts of California have no authority over the
company since it is headquartered and located in Nevada. Decide.
a. The Bellagio wins because the California courts lack subject matter jurisdiction.
b. The Bellagio wins because the California courts lack personal jurisdiction.
c. The Belagio loses because the California courts have personal jurisdiction due to its business
activities in California.
d. The Bellagio loses because the California courts have jurisdiction over companies in neighboring
states
e. The Bellagio loses because the case was filed in federal court.
c. The Belagio loses because the California courts have personal jurisdiction due to its business activities in California.
A woman is walking down the street in Corpus Christi, and a crate falls off of a passing truck and hit
her, resulting in severe and painful injuries requiring medical attention. Her claim is about $200,000.00.
If the truck belongs to a Louisiana trucking company which has no offices in Texas, but is just passing
through, can she sue in Texas? – in Louisiana? – in federal court?
a. She can sue in Louisiana courts.
b. She can sue in Texas courts.
c. She can sue in federal court.
d. Either a. and b. above.
e. All of the above.
e. All of the above.
Joe Smith files a suit against Susan Jones alleging that she breached a contract to sell Joe a computer
system for $1,000.00. Joe is
a. the defendant
b. the appellee
c. the appellant
d. the plaintiff
e. none of the above
d. the plaintiff
In most civil cases, the burden of proof requires that the plaintiff establish its case:
a. beyond a reasonable doubt.
b. by a preponderance of the evidence.
c. by clear, convincing, and credible evidence.
d. beyond any question.
e. by substantial evidence.
b. by a preponderance of the evidence.
The landmark case of Palsgraf v. Long Island Railroad involving a little old lady who was injured
while waiting for a train established what key principle in tort law?
a. damages
b. strict liability
c. foreseeability
d. reasonable man standard
e. negligence
c. foreseeability
If a jury in a “comparative negligence” state with a 50 percent rule finds Bill 35 percent liable for his
own injuries in a negligence suit that Bill brings against Tina, Bill will recover:
a. nothing at all from Tina.
b. 50 percent of the damages he seeks from Tina.
c. 100 percent of the damages he seeks from Tina.
d. 51 percent of the damages he seeks from Tina.
e. 65 percent of the damages he seeks from Tina.
e. 65 percent of the damages he seeks from Tina.
In order to hold a manufacturer liable for damages caused by a defective product, in addition to
proving that the product was defective, the plaintiff must prove:
a. the manufacturer was negligent.
b. proximate cause.
c. damages.
d. only b. and c. above.
e. all of the above.
d. only b. and c. above.
