Unit 1

Question 1

A precedent is:

Answer 1

A court decision that is used as an example for deciding subsequent cases with similar facts.

Question 2

Each court has a jurisdiction. Jurisdiction is best defined as:

Answer 2

The geographic area in which a court has the power to apply the law.

Question 3

In Beto v. Car Dealership, a state supreme court held that a minor could cancel a contract for the sale of a car. Now a trial court in the same state is deciding Dora v. Even Steven Autos, Inc., a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to:

Answer 3

Allow the minor to cancel the contract.

Question 4

Stare decisis is best defined as:

Answer 4

A doctrine under which judges follow established precedents.

Question 5

In a suit against Karen, Luke obtains an injunction. This is:

Answer 5

An order to do or refrain from doing a certain act.

Question 6

The Montana legislature enacts a state law that violates the U.S. Constitution. This law can be enforced by:

Answer 6

No one.

Question 7

Home Care Company is charged with violating a rule of the Social Security Administration. Most likely, Home Care will be required to appear at a hearing presided over by:

Answer 7

An administrative law judge.

Question 8

The Uniform Commercial Code provides a set of rules governing:

Answer 8

Commercial transactions.

Question 9

Mandatory _________________ in employee contracts have been found to be generally acceptable and legal.

Answer 9

Arbitration clauses

Question 10

Sara files a suit in a state court against Tech Innovations Inc. The parties are allowed to file litigation-related documents with the court online for their state. This is considered:

Answer 10

An electronic court filing system.

Question 11

Bob wants to sue XYZ corporation, his employer, for violating his civil rights. He states their employer procedures do not apply equal rights. What court would Bob bring suit?

Answer 11

Federal court

Question 12

Tyler, a citizen of Utah, files a suit in a Utah state court against SeaCoast Sales Corporation, a Washington state company that does regular business in Utah. Utah state court would have jurisdiction over SeaCoast because of:

Answer 12

Long-arm and minimum contacts jurisdiction.

Question 13

Farmers Pantry Products Inc. and Market Grocers LLC dispute a term in their contract. Because the parties have a long-standing business relationship that they would like to continue, they would prefer to settle their dispute through mediation because:

Answer 13

The dispute will eventually go to trial.

Question 14

The 1803 decision of the United States Supreme Court in the case of Marbury v. Madison established

Answer 14

The power of judicial review.

Question 15

______________________________ refers to the number of procedural devices to obtain information and gather evidence about the case from the other party or from third parties before the trial begins.

Answer 15

Discovery

Question 16

A __________________________________ will be granted only if there are no genuine questions of fact, and the sole question is a question of law.

Answer 16

Motion for summary judgment

Question 17

Cattle House Steaks, an Alabama company, enters into a contract for goods over the phone with Beef Packing Inc., an out-of-state corporation. If a dispute arises, an Alabama court can exercise jurisdiction over Beef Packing

Answer 17

Under the minimum contacts test.

Question 18

Jill and Kane meet with their attorneys to try to resolve a dispute. A neutral third party works with both sides and proposes a solution but does not make a decision resolving the matter. This is an example of:

Answer 18

Mediation.

Question 19

A______________________ consists of a document that notifies a defendant that a legal action has been commenced against them, and that they must appear in court to answer the complaint.

Answer 19

Summons

Question 20

Beverly creates a website to post threatening messages about celebrities. Under the First Amendment, these messages are most likely protected

Answer 20

None of the time.

Question 21

The legislative branch can enact a law, but the executive branch has the constitutional authority to

Answer 21

Veto that law.

Question 22

River City enacts an ordinance that prohibits all advertising on the sides of trucks. A court would likely review this ordinance under the principles of

Answer 22

Due process

Question 23

Nick, the chief executive officer of On/Off, Inc., a website for short rants, claims that certain government actions infringe on rights guaranteed by the Bill of Rights. Most of these guarantees have been held to limit

Answer 23

Federal and state actions.

Question 24

George burns a U.S. flag in his backyard. He films the activity and posts the video on YouTube.com. George’s conduct is most likely

Answer 24

Protected by the First Amendment.

Question 25

Petro Energy Corporation expresses opinions on political issues through its financial contributions to political action committees and other groups. Under the First Amendment, Petro’s “expression” is most likely

Answer 25

Protected

Question 26

To reduce traffic, Market Town enacts an ordinance that allows only a few specific street vendors to operate in certain areas. A court would likely review this ordinance under the principles of

Answer 26

Equal protection.

Question 27

Excavation, Inc., uses explosives to prepare land for construction projects. Strict liability is imposed on this activity because

Answer 27

The activity is extremely risky.

Question 28

In a phone call to Lou, Mia makes statements about Nye that injures Nye’s reputation. If Nye can prove all of the elements of defamation and Mia cannot assert a sufficient defense, Mia is most likely liable for

Answer 28

Slander

Question 29

To make a sale, Fran tells Gio that her Hyundai Kia has never been in an accident. This may give rise to an action for fraud if the statement is

Answer 29

False

Question 30

Cato is driving a car in which Diego is a passenger when an accident occurs. Diego is not injured. In Diego’s tort action against Cato for negligence, Cato can most likely assert as a successful defense that

Answer 30

Diego was not injured.

Question 31

Ivy slips and falls on the deck of Jet’s Tour Boat and is injured. She incurs medical expenses of $500,000, and files a suit against Jet to recover. Under the “50 percent” rule, if Ivy is more than 50 percent at fault, she will recover

Answer 31

Nothing

Question 32

EZ Co-op, Inc., sells Fill-Up cattle feed to ranchers. Gina buys and feeds Fill-Up to her herd. The feed is poisoned. Gina sues EZ for product liability based on negligence. To win, Gina must show

Answer 32

That the feed caused her damage.

Question 33

Olinda, an employee of People’s Bank, deposits into her account checks entrusted to the bank through its ATM system by customers to deposit into their accounts. This is

Answer 33

Embezzlement

Question 34

Ed works for Family Dwellings Inc., an investment firm that buys, renovates, and rents foreclosed houses. Ed steals his employer’s digital files to start his own competing business, Good Homes LLC. This is

Answer 34

Larceny

Question 35

Franny is charged with a crime. Almost all federal courts and some state courts would not hold Franny liable if, at the time of the offense, as a result of a mental disease or defect, she lacked substantial capacity to obey the law and to appreciate

Answer 35

The wrongfulness of her conduct.

Question 36

Rosa, who operates a Street Tacos restaurant in her apartment, is charged with criminal violations of the local health and building codes, state license regulations, and federal environmental statutes. To obtain a conviction, the prosecution must

Answer 36

Prove beyond a reasonable doubt that Rosa committed every essential element of an offense.

Question 37

Chuck signs Dolly’s name, without her authorization, to the back of her paycheck, which was issued by Eastside Market. This is

Answer 37

Forgery

Question 38

Under self-defense, a person may use whatever force necessary if they fear ________.

Answer 38

Imminent danger

Question 39

Quint, an employee of Reservations Inc. pays Sienna, an employee of Reservations’ competitor Travel Inc., for a list of Travel’s clients. This is most likely

Answer 39

Commercial bribery.