Test 1

Question 1

Mens rea is an element of most serious crimes.
True or False?

Answer 1

True

Question 2

In terms of negligence theory, which of the following is true about breach of duty?

In terms of the liability of a defendant, breach of duty is considered as serious as a criminal offense.

A person is guilty of breach of duty if he or she exposes another person to a foreseeable and unreasonable risk of harm.

The defendant is liable for the plaintiff’s injury even if the defendant exercised reasonable care.

A breach of duty occurs only when the defendant’s actions violate a state or federal statute.

Answer 2

A person is guilty of breach of duty if he or she exposes another person to a foreseeable and unreasonable risk of harm.

Question 3

Publication of matters of public record cannot be the basis of a successful suit for invasion of privacy.
True or False?

Answer 3

True

Question 4

The tendency for members of a group to internalize the group’s values and perceptions and to suppress critical thought is known as __________.

herd behavior

groupthink

risky shift

social malingering

Answer 4

groupthink

Question 5

Courts are unwilling to provide trademark protection to a term if it is __________.

descriptive

generic

suggestive

arbitrary

Answer 5

generic

Question 6

A patent:

creates a permanent monopoly thereby discouraging the creation and utilization of new products and technologies.

deprives competitors of the opportunity to use the invention without the patent holder’s consent.

includes articles or processes falling under the category of physical phenomena or abstract ideas.

grants its owner the exclusive right to make, use, or sell an invention or process for an indefinite period.

Answer 6

deprives competitors of the opportunity to use the invention without the patent holder’s consent.

Question 7

In terms of the constitutional safeguards set forth in the Fourth and Fifth Amendments to the United States Constitution, nontestimonial evidence such as fingerprints, hair samples, bodily fluids, and cells cannot be obtained through the prosecution’s compulsion of the defendant.

True or False

Answer 7

False

Question 8

Which of the following is true regarding Section 2 of the Sherman Act?

In order to prove a violation of Section 2, the government or a private plaintiff need not establish that the defendant firm has monopoly power.

Section 2 prohibits contracts, combinations, and conspiracies.

Section 2 does not outlaw monopolies.

Joint action is necessary in order to violate Section 2.

Answer 8

Section 2 does not outlaw monopolies.

Question 9

Under strict scrutiny analysis, to demonstrate that a government action is constitutional, the government must demonstrate that:

there is no restriction on commercial speech.

it is pursuing a governmental end in the most intrusive manner.

its action bears a rational relationship to its desired end.

it is pursuing a compelling government interest in the least intrusive manner.

Answer 9

it is pursuing a compelling government interest in the least intrusive manner.

Question 10

Adia files a lawsuit against Chang in an Ohio court. Chang, a citizen and resident of neighboring Indiana, has never visited Ohio and has no personal ties with anyone in Ohio. Chang can successfully argue that the Ohio court:

must defer to the jurisdiction of a federal district court.

lacks standing to hear the case, since the case involves diversity of citizenship.

has legal reciprocity with Indiana, the state where Chang resides.

lacks personal jurisdiction.

Answer 10

lacks personal jurisdiction.

Question 11

Full rule of reason analysis _____.

cannot be determined until after a court conducts a thorough market analysis

applies to restraints that are prima facie illegal, such as per se restraints

is a superficial form of rule of reason analysis

is utilized for restraints that have an obvious adverse impact on competition

Answer 11

cannot be determined until after a court conducts a thorough market analysis

Question 12

In the United States, which of the following can be patented?

New chemical compounds

Laws of nature

Physical phenomena

Abstract ideas

Answer 12

New chemical compounds

Question 13

An intervening cause, which happens after the defendant’s negligent act and contributes to the plaintiff’s injury, can excuse the defendant from liability if it:

was an intentional tort.

could have been reasonably anticipated.

was unforeseeable.

was remotely related to the plaintiff’s injury.

Answer 13

was unforeseeable.

Question 14

Under the First Amendment to the United States Constitution, commercial speech is:

completely suppressed, regardless of whether it is misleading or truthful.

subject to intermediate scrutiny, unlike political speech.

completely unregulated, unless it is expressed in writing.

subject to strict scrutiny, just like political speech.

Answer 14

subject to intermediate scrutiny, unlike political speech

Question 15

For a person to be convicted of criminal behavior, the state must:

demonstrate a subsequent statutory prohibition of the act; prove beyond a reasonable doubt that the defendant committed every element of the criminal offense prohibited by the statute; and prove that the defendant had the capacity to form a criminal intent.

demonstrate a prior statutory prohibition of the act; prove by a preponderance of the evidence that the defendant committed every element of the criminal offense prohibited by the statute; and prove that the defendant had the capacity to form a criminal intent.

demonstrate a prior statutory prohibition of the act; prove beyond a reasonable doubt that the defendant committed every element of the criminal offense prohibited by the statute; and prove that the defendant had the capacity to form a criminal intent.

demonstrate a subsequent statutory prohibition of the act; prove by a preponderance of the evidence that the defendant committed every element of the criminal offense prohibited by the statute; and prove that the defendant had the capacity to understand the nature of the crime alleged.

Answer 15

demonstrate a prior statutory prohibition of the act; prove beyond a reasonable doubt that the defendant committed every element of the criminal offense prohibited by the statute; and prove that the defendant had the capacity to form a criminal intent.

Question 16

Due to the constitutional prohibition of ex post facto laws, a new criminal statute applies only to actions taken after it becomes effective.

True or False

Answer 16

True

Question 17

The attorney-client privilege rule prevents an attorney from divulging confidential information communicated to the lawyer by a client or potential client in the course of seeking to retain the attorney or otherwise seeking legal advice.

True or False

Answer 17

True

Question 18

The Free Exercise Clause states that the government “shall make no law respecting an establishment of religion.”

True or False

Answer 18

False

Question 19

RICO is designed to stop the entry of organized crime into legitimate business enterprises.

True or False

Answer 19

True

Question 20

Most states have abandoned comparative negligence theory and adopted a contributory negligence system.

True or False

Answer 20

False

Question 21

Horizontal price-fixing _____.

is an attempt by competitors to interfere with the market and control prices

is also called resale price maintenance

can be legally justified if there was a direct agreement between competitors

occurs when the manufacturer gets the retailer to agree to follow the suggested retail price

Answer 21

is an attempt by competitors to interfere with the market and control prices

Question 22

Traditionally, __________ was imposed for those activities that were considered ultrahazardous.

negligence per se theory

negligence liability

the last clear chance doctrine

strict liability

Answer 22

strict liability

Question 23

If a distributor persuades a manufacturer to refuse to deal with a rival distributor, the two parties _____.

do not violate Section 1 of the Sherman Act since this is a unilateral action

are conspiring to form a monopoly, thus directly violating Section 2 of the Sherman Act

are attempting vertical price-fixing

have committed a per se violation of Section 1 of the Sherman Act

Answer 23

have committed a per se violation of Section 1 of the Sherman Act

Question 24

Which of the following is an example of procedural law?

Multiple Choice

The freedom of speech granted by the United States Constitution

The rules as to how a court’s judgment is to be enforced

The right of self-defense

The privilege of receiving food stamps

Answer 24

The rules as to how a court’s judgment is to be enforced

Question 25

Which of the following results in injury to a person's reputation? Multiple Choice Defalcation Malice Defamation Battery

Answer 25

Defamation

Question 26

Silverlight, Inc., a cell phone retailer, agrees to sell cell phones and related accessories manufactured only by Moore Corporation. This is an example of a(n) _____. Multiple Choice requirements contract tie-in contract adhesion contract exclusive dealing contract

Answer 26

exclusive dealing contract

Question 27

Federal antitrust laws apply to _____. Multiple Choice behavior that affects external economies other than the United States any type of non-import trade intrastate commerce exclusively behavior that substantially affects interstate commerce or international trade

Answer 27

behavior that substantially affects interstate commerce or international trade

Question 28

Which of the following is a true statement regarding a government “taking?” Multiple Choice If the government physically invades private property, a taking has occurred and compensation must be paid. A zoning ordinance automatically constitutes a taking. Every form of governmental interference with property ownership constitutes a taking. Any time a landowner is denied some economically beneficial use of his or her property, a compensable taking has occurred.

Answer 28

If the government physically invades private property, a taking has occurred and compensation must be paid.

Question 29

Numerous proposals designed to make corporations more sensitive to outside concerns have been offered throughout the past few decades. Those recommendations include __________. Multiple Choice changing the composition of the corporate board converting the company from a publicly-traded to a closely-held corporation giving shareholders less power converting from a “line and staff” to a “line” organizational structure

Answer 29

changing the composition of the corporate board

Question 30

Conversion is defined as: Multiple Choice the unlawful taking of or exercise of control over the personal property of another person. the intentional confinement of a person for an appreciable time without the person's consent. the use of force to drive away a person's customers or employees. intrusion on a person's solitude or seclusion and publishing private facts about a person.

Answer 30

the unlawful taking of or exercise of control over the personal property of another person.

Question 31

Generally, people who do not do what a statute requires are considered to be __________. Multiple Choice grossly negligent extremely reckless negligent per se strictly liable

Answer 31

negligent per se

Question 32

The Fifth Amendment to the United States Constitution includes the __________. Multiple Choice Prohibition against excessive bail or fines Prohibition against double jeopardy right of confrontation exclusionary rule

Answer 32

Prohibition against double jeopardy

Question 33

Both federal and state laws spell out the specifics of cybercrime. Which of the following statements is true of these laws? Multiple Choice A corporation is not liable for the online activities of its employees. Accessing the services of a commercial service provider without paying fees is a crime. Only an individual may face liability based on the use of electronic communication; corporations are out of their purview. Altering data stored in another person's computer is not considered illegal.

Answer 33

Accessing the services of a commercial service provider without paying fees is a crime.

Question 34

The states retain the exclusive power to regulate __________ commerce. intrastate interstate international All of the choices are correct.

Answer 34

intrastate

Question 35

A rapist is criminally liable for the crime of rape and is also civilly liable for the torts of assault, battery, false imprisonment, and intentional infliction of emotional distress. True or False

Answer 35

True

Question 36

According to the Fourth Amendment to the United States Constitution, a warrant for a search or an arrest cannot be issued without __________. Multiple Choice probative evidence reasonable suspicion probable cause due diligence

Answer 36

probable cause

Question 37

Any behavior that has not been classified as a per se violation of Section 1 of the Sherman Act is judged under a strict liability analysis. True or False

Answer 37

False

Question 38

The Takings Clause of the United States Constitution is triggered by the power of __________. Multiple Choice res ipsa loquitur eminent domain equal protection adverse possession

Answer 38

eminent domain

Question 39

he Takings Clause of the United States Constitution is triggered by the power of __________. Multiple Choice res ipsa loquitur eminent domain equal protection adverse possession

Answer 39

eminent domain

Question 40

District courts: Multiple Choice are specialized courts in the federal court system. only review the legal conclusions reached by lower federal courts. are the intermediate courts of the federal court system. have both fact-finding and law-finding functions.

Answer 40

have both fact-finding and law-finding functions.

Question 41

When faced with the difficult problem of deciding what kinds of joint actions amounted to a restraint of trade, the courts concluded that some kinds of behavior always have a negative effect on competition and can never be excused or justified. These kind of acts are classed as per se illegal. True or False

Answer 41

True

Question 42

Which of the following is true of pleadings? Multiple Choice These are the first documents filed with the court, and they start and define the lawsuit. Both disputed and undisputed matters in the pleadings are tried in court. The case is set for trial on the court calendar once the pleadings have commenced. The first step in starting a lawsuit is the serving of a summons on the defendant.

Answer 42

These are the first documents filed with the court, and they start and define the lawsuit.

Question 43

Civil law defines breaches of duty to society at large. True or False

Answer 43

False

Question 44

Salim files a case against Nina for nonpayment of a debt. Before the trial, Nina is examined under oath in the presence of Salim's attorney. This process of examination is known as a(n) __________. Multiple Choice deposition direct examination pretrial conference interrogatory

Answer 44

deposition

Question 45

From the language of Section 1 of the Sherman Act, it is apparent that the purpose of Section 1 is to attack unilateral action in restraint of trade. True or False

Answer 45

False

Question 46

A new claim stating that plaintiff owes the defendant damages because of harm resulting from the incident alleged in the complaint is called a(n) __________. Multiple Choice affirmative defense counterclaim motion for judgment notwithstanding the verdict cross-claim

Answer 46

counterclaim

Question 47

Conviction of a felony may, in some cases, also result in disenfranchisement. True or False

Answer 47

True

Question 48

In actions for malicious prosecution and for wrongful use of civil proceedings, a plaintiff must show that the: Multiple Choice wrongfully brought suit did not terminate in his favor. suit was brought with probable cause. wrongfully brought suit terminated in the defendant's favor. suit was brought for an improper purpose.

Answer 48

suit was brought for an improper purpose.

Question 49

In actions for malicious prosecution and for wrongful use of civil proceedings, a plaintiff must show that the: Multiple Choice wrongfully brought suit did not terminate in his favor. suit was brought with probable cause. wrongfully brought suit terminated in the defendant's favor. suit was brought for an improper purpose.

Answer 49

suit was brought for an improper purpose.

Question 50

The plaintiff’s burden of proof in a tort case is by a preponderance of the evidence. This means that when both sides have presented their evidence, the greater weight of the believable evidence must be on the plaintiff’s side. True or False

Answer 50

True

Question 51

If Nancy steps into the path of George's speeding car without checking to see whether any cars are coming, her __________ might prevent her from receiving damages for her injuries from George. Multiple Choice contributory negligence statutory immunity breach of duty strict liability

Answer 51

contributory negligence

Question 52

The United States Supreme Court requires that actual malice be proved when: Multiple Choice individuals sue public figures for assault or battery. public officials sue the media for false and defamatory statements. public officials are found strictly liable for a crime. individuals sue the media for publishing negative statements of their favorite public figures.

Answer 52

public officials sue the media for false and defamatory statements.

Question 53

If the behavior of someone who commits a tort is outrageous, that person can be made to pay __________ damages. Multiple Choice consequential non-monetary punitive compensatory

Answer 53

punitive

Question 54

Which of the following is true regarding the Clayton Act? Multiple Choice It was intended to be preventative in nature, and in most cases only the probability of a significant anticompetitive effect must be shown to establish a violation. It was intended to be reactive in nature, and in most cases the actual occurrence of a significant anticompetitive effect must be shown to establish a violation. It was intended to be preventative in nature, and in most cases the actual occurrence of a significant anticompetitive effect must be shown to establish a violation. Its enactment effectively nullified the Sherman Act.

Answer 54

It was intended to be preventative in nature, and in most cases only the probability of a significant anticompetitive effect must be shown to establish a violation.

Question 55

The serving of a summary judgment on the defendant gives notice to the defendant of the suit, informs him or her who the plaintiff is, and states the time within which the defendant must make an appearance. True or False

Answer 55

False

Question 56

The __________ includes civil, criminal, and accounting reforms that drastically expand the accountability demanded of corporate officers and directors. Multiple Choice Foreign Corrupt Practices Act Computer Fraud and Abuse Act Electronic Communications Privacy Act Sarbanes-Oxley Act

Answer 56

Sarbanes-Oxley Act

Question 57

Which of the following are the four basic types of intellectual property? Multiple Choice Generic terms, patents, trade secrets, and public domain interests Generic terms, trademarks, copyrights, and trade secrets Patents, trademarks, copyrights, and trade secrets Patents, trademarks, copyrights, and public domain interests

Answer 57

Patents, trademarks, copyrights, and trade secrets

Question 58

n terms of Section 1 of the Sherman Act (Section 1) analysis, which of the following is true regarding per se activities and rule of reason actions? Multiple Choice Per se activities are automatically illegal, while the legality of a rule of reason action can be determined only after examining the behavior’s ultimate effect on competition. Both per se activities and rule of reason actions automatically violate Section 1. Rule of reason actions are automatically illegal, while the legality of a per se activity can be determined only after examining the behavior’s ultimate effect on competition. Neither per se activities nor rule of reason actions violate Section 1.

Answer 58

Per se activities are automatically illegal, while the legality of a rule of reason action can be determined only after examining the behavior’s ultimate effect on competition.

Question 59

The Equal Protection Clause of the Fourteenth Amendment prohibits any state from arbitrarily discriminating against persons. True or False

Answer 59

True

Question 60

What is a white-collar crime? Multiple Choice It is a violent crime committed by any person belonging to a lower social class. It is a violent terrorism-related crime that poses significant threat to the general public. It is a nonviolent crime committed by businesspersons and organizations. It is a nonviolent crime committed by any individual against businesspersons and organizations.

Answer 60

It is a nonviolent crime committed by businesspersons and organizations.

Question 61

United States trademarks are registered for 10-year terms and are non-renewable. True or False

Answer 61

False

Question 62

Which of the following is a reason why large corporations have the ability to influence legislation? Multiple Choice There are no limits on the law's ability to control irresponsible corporate behavior. Their size, resources, and sophistication give them the capability to purchase this ability. Corporate managers are always aware of the effects of their products or production processes. The state legislatures cannot enact hostile regulatory legislation.

Answer 62

Their size, resources, and sophistication give them the capability to purchase this ability.

Question 63

Generally, the role of appellate courts is to: Multiple Choice establish new facts for all cases. review the proceedings in the trial court and correct legal errors made by the trial judge. accept the findings of the trial court unless there is proof beyond reasonable doubt that the trial court either committed an error of law or abused its discretion. rehear the testimony of trial court witnesses.

Answer 63

review the proceedings in the trial court and correct legal errors made by the trial judge.

Question 64

According to the __________ doctrine, a copyright owner cannot prevent a lawful purchaser of copyrighted material from reselling that material. Multiple Choice strict liability first in time equals first in right first sale copyright exhaustion

Answer 64

first sale

Question 65

Which of the following is true regarding the tort of assault? Multiple Choice Most courts say that "mere words are enough" for assault. Assault is putting another in apprehension of an eventual threat to his or her physical safety. Contact is necessary. The tort of assault is designed to protect people from threats of battery.

Answer 65

The tort of assault is designed to protect people from threats of battery.

Question 66

If a court has subject matter jurisdiction, it may decide the case even if it does not have personal jurisdiction over the defendant. True or False

Answer 66

False

Question 67

The least touching can be a battery if it causes injury or is considered offensive to a plaintiff of extraordinary sensibilities. True or False

Answer 67

False

Question 68

A statute is the product of the lawmaking of a legislature. True or False

Answer 68

True

Question 69

Jurisdiction is defined as: Multiple Choice the authority of a court to hear and determine disputes. the power an individual appointed within an organization possesses to settle disputes. the unlimited authority of the court. the process by which legal cases are decided.

Answer 69

the authority of a court to hear and determine disputes.

Question 70

In the context of defamation, publication means: Multiple Choice communication of the statement to at least two persons other than the defamed party. printing the defamatory statement in community-oriented (i.e., locally circulated) media such as a newspaper. Printing the defamatory statement in a widely-circulated publication (e.g., The New York Times). communication of the statement to at least one person other than the defamed party.

Answer 70

communication of the statement to at least one person other than the defamed party.

Question 71

Which of the following statements is true of state action? Multiple Choice State action is not involved if policies are mandated by federal law. The constitutional checks on governmental power do not apply to the United States Congress. The United States Constitution protects an individual only against governmental activity, usually called state action. Private deprivation of individual liberties is permitted only if interference by state action is prohibited by statute.

Answer 71

The United States Constitution protects an individual only against governmental activity, usually called state action.

Question 72

Substantive due process protects people from arbitrary or unreasonable governmental interference with their life, liberty, or property rights. True or False

Answer 72

True

Question 73

The "dormant" Commerce Clause limits the authority of the states to interfere with the flow of interstate commerce by: Multiple Choice limiting a state's ability to tax vendors. prohibiting state legislation that unduly burdens intrastate commerce. prohibiting state laws that openly discriminate against interstate commerce. limiting the states from furthering only state interests.

Answer 73

prohibiting state laws that openly discriminate against interstate commerce.

Question 74

Under the Sarbanes-Oxley Act of 2002, it is a felony to defraud shareholders of a publicly traded company. True or False

Answer 74

True

Question 75

Common law arises when: Multiple Choice courts are called upon to resolve disputes for which there is no statute or other source of law establishing a rule. the government wishes to encourage certain kinds of investments. constitutional statutes are found to interfere with the freedom of expression. there are statutes and other sources of law establishing a particular rule and the courts decide to improvise this existing statutory law.

Answer 75

courts are called upon to resolve disputes for which there is no statute or other source of law establishing a rule.

Question 76

Which of the following statements is true about a trade secret? Multiple Choice A trade secret generally does not include devices and compilations of information. A business may attempt to maintain a trade secret when it has a process or product that is not novel enough to receive patent protection. A trade secret usually receives legal protection even if its owner did not take reasonable precautions to keep it a secret. A business may attempt to maintain a trade secret, but its misappropriation is not considered a violation of law.

Answer 76

A business may attempt to maintain a trade secret when it has a process or product that is not novel enough to receive patent protection

Question 77

What are the three primary powers of independent administrative agencies? Multiple Choice rule-making, nullification, and appellate investigative, rule-making, and adjudicatory investigative, nullification, and appellate rule-making, adjudicatory, and executive veto

Answer 77

investigative, rule-making, and adjudicatory

Question 78

The __________ Clause of the Fourteenth Amendment to the United States Constitution prohibits any state from arbitrarily discriminating against persons. Multiple Choice Substantive Due Process Procedural Due Process Civil Rights Equal Protection

Answer 78

Equal Protection

Question 79

False statements about the quality of a seller’s product or services, or the seller’s ownership of goods offered for sale, may give rise to the tort of __________. Multiple Choice disparagement libel slander conversion

Answer 79

disparagement

Question 80

To recover in a negligence suit, the plaintiff must prove that the: Multiple Choice defendant's breach of duty was the proximate cause of the plaintiff's injuries. defendant's breach of duty indirectly caused the plaintiff’s injuries. defendant's actions specifically violated a state statute. defendant intended to injure the plaintiff and did so via a breach of duty.

Answer 80

defendant's breach of duty was the proximate cause of the plaintiff's injuries.

Question 81

Strict liability is commonly described as “liability with fault.” True or False

Answer 81

False

Question 82

Martin works as a pizza delivery person. He parks his bike outside Regalia Inc. to deliver an order. Meanwhile, a damaged book rack in Regalia, which is situated on the first floor of the building, falls through an open window and crashes on his bike. No one admits to having seen the rack fall. If Martin sues Regalia for negligence, will he win the lawsuit? Multiple Choice Yes, but only if Martin finds a witness who saw the book rack crashing on the bike. No, because parking under an open window constitutes assumption of the risk. No, because parking under an open floor window constitutes contributory negligence per se. Yes, if Martin can prove that book racks do not fall out of windows in the absence of negligence and that Regalia had exclusive control of the rack before the fall.

Answer 82

Yes, if Martin can prove that book racks do not fall out of windows in the absence of negligence and that Regalia had exclusive control of the rack before the fall.

Question 83

Which of the following statements is true about patent infringement in the United States? Multiple Choice Pursuant to the act-of-state doctrine, importers of foreign goods that infringe upon U.S. patent rights are immune from patent infringement liability. A patent holder is entitled to monetary damages in case of infringement. Courts grant an automatic, permanent injunction in cases of alleged patent infringement. The court holds only the infringer accountable for the unlawful activities; accordingly, accomplices are not considered liable under United States infringement law.

Answer 83

A patent holder is entitled to monetary damages in case of infringement.

Question 84

Negligent persons are generally not held liable for diseases their victims contract while weakened by their injuries. True or False

Answer 84

False

Question 85

Alexander has been charged with armed robbery of a convenience store in Portland, Oregon. He retains attorney Lewis A. Clarke, III to represent him, and while preparing his defense, Alexander confesses to attorney Clarke that he did indeed rob the liquor store. Which of the following is true regarding Alexander’s confession to Clarke? Multiple Choice It is protected by the attorney-client privilege, and Clarke is prohibited from divulging this information to the prosecution and the court. Since the confession relates to a criminal matter, it is not protected by the attorney-client privilege, and in the interests of justice, attorney Clarke must divulge it to the prosecution and the court. Pursuant to the attorney-client privilege, just like Alexander had the privilege to decide whether to divulge this information to his attorney, attorney Clarke also has privilege to decide whether to divulge it to the prosecution and the court.

Answer 85

It is protected by the attorney-client privilege, and Clarke is prohibited from divulging this information to the prosecution and the court.

Question 86

The Sarbanes-Oxley Act requires public corporations to disclose whether they have adopted a code of ethics for senior financial officers. True or False

Answer 86

True

Question 87

Negligence is an unintentional breach of duty by the defendant that results in harm to another. True or False

Answer 87

True

Question 88

Under the notion of federalism, the United States is composed of 51 legal systems. True or False

Answer 88

True

Question 89

The law of negligence holds our behavior up to an objective standard of conduct. True or False

Answer 89

True

Question 90

Torts are __________ wrongs against persons or property. Multiple Choice public (criminal) private (civil) private (criminal) public (civil)

Answer 90

private (civil)

Question 91

The partial obstruction of a person’s progress does not constitute false imprisonment. True or False

Answer 91

True

Question 92

Reuben and Priya have an automobile accident in which Priya experiences serious personal injuries. Priya sues Reuben, and the case goes to trial. During jury deliberations, the jury determines that Reuben is 75 percent responsible for Priya’s injuries, and that Priya is 25 percent responsible for her own injuries (Priya was speeding at the time of the accident, causing the jury to attribute a portion of the blame to her.) Which of the following is true if the case is being tried in a comparative negligence system? Multiple Choice Priya will recover 25 percent of her damages from Reuben. Priya will not recover, since comparative negligence theory prohibits a plaintiff from recovering anything from the defendant if the plaintiff’s negligence, however slight, contributed to her harm. Priya will not recover, since the jury has determined that she is partially responsible for the accident. Priya will recover 75 percent of her damages from Reuben.

Answer 92

Priya will recover 75 percent of her damages from Reuben.

Question 93

Negligent persons are generally held jointly liable (along with the negligent physician) for negligent medical care their victims receive for their injuries. This is true according to: Multiple Choice proximate cause theory. intentional tort theory. res ipsa loquitur. the basic principles of causation.

Answer 93

the basic principles of causation.

Question 94

Utilitarianism is a teleological theory that suggests that “__________.” Multiple Choice power corrupts, and absolute power corrupts absolutely to the victor goes the spoils the ends justify the means with great power comes great responsibility

Answer 94

the ends justify the means

Question 95

Which of the following is a defense to trespass to personal property? Multiple Choice Privilege Conversion Necessity Truth

Answer 95

Privilege

Question 96

The basic functions of the law are: Multiple Choice Promoting social justice, facilitating planning, enforcing rules to maintain order, and keeping the peace. Promote social justice and eliminate criminal conduct. Keeping the peace, enforcing rules to maintain order, permitting private contracts, and permitting tax laws. General application to society, developed by legitimate authority, and permitting taxation.

Answer 96

Promoting social justice, facilitating planning, enforcing rules to maintain order, and keeping the peace.

Question 97

Pursuant to federalism when there is a conflict between a state law and a federal law, the state law will trump the federal law. True or False

Answer 97

False

Question 98

Generally, state courts have the jurisdiction to hear almost any dispute especially those involving federal laws and issues. True or False

Answer 98

False

Question 99

A court must have which type(s) of jurisdiction to have authority over a dispute? Multiple Choice Venue. In rem jurisdiction. Subject matter jurisdiction and venue. Personal jurisdiction and subject matter jurisdiction.

Answer 99

Personal jurisdiction and subject matter jurisdiction.

Question 100

During the discovery phase of a case, a litigant may be required to submit themselves for a physical examination. True or False

Answer 100

True

Question 101

States have the legal authority to regulate foreign commerce. True or False

Answer 101

False

Question 102

Noncommerical speech is also known as: Multiple Choice Pure or political speech. protest speech. religious speech. commercial speech.

Answer 102

Pure or political speech.

Question 103

Criminal procedural protections found in the Fourth Amendment include the right to be represented by counsel. True or False

Answer 103

False

Question 104

Federal sentencing guidelines are designed to: Multiple Choice make sentencing a faster process. establish consistent sentences for federal crimes. eliminate the need for attornies at sentencing hearings. reduce penalties for white-collar crimes.

Answer 104

establish consistent sentences for federal crimes.

Question 105

Accidentally running a red light and hitting another driver is an example of an intentional tort. True or False

Answer 105

False

Question 106

Disparagment occurs when: Multiple Choice a litigant speaks falsely about the plaintiff's quality of goods or services. a litigant speaks ill of the plaintiff's character. a litigant writes a false statement about the plaintiff's character. a litigant speaks poorly about the plaintiff's quality of goods or services.

Answer 106

a litigant speaks falsely about the plaintiff's quality of goods or services.

Question 107

A negligent actor will be responsible for all the damages caused by their action, regardless of whether the damage was foreseeable. True or False

Answer 107

False

Question 108

Reckless behavior: Multiple Choice involves posing an unforeseeable risk of harm to others. indicates a conscious disregard for a known high degree of probable harm to another person. occurs when a person is very negligent. is a kind of strict liability.

Answer 108

indicates a conscious disregard for a known high degree of probable harm to another person.

Question 109

Patent exhaustion permits the buyer the right to freely use the item and to reproduce the item. True or False

Answer 109

False

Question 110

The parties to a licensing agreement are: Multiple Choice a franchisor and franchisee. a distributor and a receiver. a licensor and a licensee. a offeror and an offeree.

Answer 110

a licensor and a licensee.

Question 111

Attempts by competitors to interfere with the market and control prices are called horizontal price-fixing. True or False

Answer 111

True

Question 112

The purpose of U.S. antitrust law is to enourage and protect competition. True or False

Answer 112

True

Question 113

In negligence law, the “reasonable person” is __________. Multiple Choice any member of the trial jury a hypothetical being the defendant the plaintiff

Answer 113

a hypothetical being

Question 114

The Takings Clause only applies to land, not personal property. True or False

Answer 114

False

Question 115

Which part of the U.S. Constitution addresses our most basic liberties? Multiple Choice Article I. Article III. The Amendments. Article II.

Answer 115

The Amendments.

Question 116

The government may not prohibit a political rally, but it may restrict when and where the demonstrators meet. True or False

Answer 116

True

Question 117

A federal court has the power to hear: Multiple Choice any lawsuit based on a federal statute. any case. any case between citizens of different states. appeals of any cases from lower courts.

Answer 117

any lawsuit based on a federal statute.

Question 118

Mary Employee, was furious at her boss after a pay dispute. At the end of a tense meeting between the two, Mary picks up a stapler and throws it at her boss. The boss sees it coming and ducks just in time, but the stapler smashes into a flower arrangement knocking it over. Mary has committed: Multiple Choice assault. no tort, because the stapler did not hit her boss. battery. slander.

Answer 118

assault.