LAW 531 Final Exam Complete Solution

LAW531 Final Exam Final Quiz Multiple choice Quiz

LAW 531 Final Exam Complete Solution

LAW531 Final Exam Final Quiz Multiple choice Quiz 1) The concept of flexibility in the law is best illustrated by: A. The use of appointed judges rather than elected judges. B. Passing statues that purposely do not address precisely how they would apply in all situations. C. The use of precendent to decide similar cases in similar ways D. Setting a fixed amount of damages applicable to all wrongful death cases. 2) The school of jurisprudence that believes that free market forces should determine the outcome to lawsuits is: A. The Sociological school B. The Command school C. The Critical Legal Studies school D. The Law and Economics school 3) Which of the following is true about litigating commercial disputes? A. A few states have established specialized trial courts for commercial disputes. B. Commercial disputes, because of their specialized nature, are first heard at the appellate court level. C. Nearly all states have specialized trial courts that hear commercial disputes. D. Businesses generally dislike the concept of specialized trial courts for commercial disputes because the large numbers of consumers who sue businesses in these courts have led the judges to become generally biased against businesses. 4) A ___________ is a court appointed party who conducts a private trial and renders a judgement. A. Judicial referee B. Arbitrator C. Fact-finder D. Negotiator 5) ________ is a form of alternative dispute resolution that is often used when the parties involved do not want to face one another. A. Fact-finding B. Negotiation C. Mini-trial D. Conciliation 6) Which form of alternative dispute resolution occurs when the parties choose an impartial third party to hear and decide their dispute? A. Minitrial B. Conciliation C. Arbitration D. Mediation 7) The Double Diamond Dude Ranch is located in Montana and maintains a web site on the Internet Before the Internet, the ranch relied exclusively on word-of-mouth advertising The web site simply provides some general information and lists the ranch’s phone number for reservations, but reservations cannot be made online The ranch has no other connections or presence outside of Montana Bob lives in Ohio and learned of the ranch through its web site Bob then spent a week as a paying guest at the ranch, but was injured when he fell off a horse Can Bob sue the dude ranch in Ohio state court? A. No, because cases involving residents of two different states must be filed in federal, not state, court. B. Yes, because Bob viewed the advertising on the Internet when he was in Ohio. C. No, because the mere ability of an Ohio resident to view the ranch’s Internet advertising does not amount to the minimum contacts necessary for personal jurisdiction over the ranch in Ohio. D. No, because the minimum contacts standard simply cannot be met based on Internet activity. 8) What is the result of the “effects on interstate commerce” test? A. The federal government can regulate a business activity that takes place within a single state if the activity has an effect on interstate commerce even though the regulated activity itself does not involve interstate commerce. B. Commercial speech protections apply only to speech that has an effect on interstate commerce. C. The federal government can regulate all interstate commerce that actually crosses state lines. D. Prior to enacting laws, states were required to indentify any effects that the law might have on interstate commerce. 9) If there is an area of interstate commerce that the federal government has not chosen to regulate, the states can: A. Regulate in that area so long as the state law does not unduly burden interstate commerce. B. Regulate without restriction in that area. C. Regulate in that area so long as it first gets the requisite approval from Congress. D. Not regulate in that area because states cannot pass laws affecting interstate commerce. 10) The legal effect of the presence of a superceding event is that: A. The burden of proof shifts from the plaintiff to the defendant B. Intent must be proven in addition to elements of negligence C. The defendant is not liable even if the plaintiff has proved all the elements of negligence. D. The plaintiff and defendant will share liability 11) If a plaintiff voluntarily enters into or participates into a risk activity that results in injury, what is the most likely defense that he or she may use to a defendant’s claim that the plaintiff assumed the risk? A. Contributory negligence B. Defendant was negligent per se C. Comparative negligence D. Defendant assumed the risk under the “danger invites rescue” doctrine 12) The tort of palming off involves: A. Knowingly selling goods that are defective. B. Representing one’s own goods to be those of a competitor C. Failing to credit another for that other person’s legal accomplishments D. Making false statements about the goods of another 13) Based on the law of product liability, which of the following is correct? A. A manufacturer should design its products to take into account feasible misuse. B. A manufacturer should design its products to take into account all possible misuse. C. A manufacturer need only take into account the intended use of its products. D. A manufacturer should design its products to take into account all possible misuse by the initial purchaser, but need not worry about misuse by other users. 14) Sean has a 6 year old car which he bought 2 years ago from its original owner Eight months ago he received a recall notice about a safety problem with the brakes He never responded to the notice Yesterday Sean was driving when the brakes failed and caused him to strike and injure a pedestrian Which of the following is true in lawsuits against the car’s manufacturer? A. Sean can recover despite having received the recall notice. B. The pedestrian cannot recover because the correction of the defect will apply even though Sean did not take the car in for repairs. C. The pedestrian cannot recover due to the fact that the pedestrian was not using the car. D. Neither party can recover if Sean’s was one of only a few of these cars that actually had a brake defect. 15) Little Bobby, five years old, finds his brothers Extendo Sword, which is a toy sword about a foot long which spring out to about five feet long when a button on the handle is pushed His mother tells him to put it down because he will hurt someone if he’s not careful Bobby pushes the button when the sword is pointed toward his face and, just as all properly functioning Extendo Swords do, the sword shoots out Bobby is injured and, under products liability, sues the toy store which sold the toy Bobby will most likely: A. Win on the basis of a manufacturing defect. B. Lose because of contributory negligence by playing with the sword after being told not to. C. Lose if he cannot prove negligence on the part of the toy store. D. Win on the basis of a design defect. 16) Under federal rules regulating food and drugs, which of the following is true? A. Food must be pure 100 percent before it can be sold to consumers. B. All food must be inspected by the government before it is sold. C. Food may contain certain impurities, such as insect parts, as long as it is not adulterated. D. If a food contains impurities, such as insect parts, these impurities must be disclosed on the food label. 17) Which of the following statements best describes the procedures under the Clean Air Act? A. The state governments set and enforce the standards. B. Both the federal and state governments set standards and each enforces its own standards. C. The federal government sets and enforces the standards D. The federal government sets the standard; the state government enforces the standards; if the state governments do not adequately enforce the standards, the federal government may enforce them. 18) Mary applied for a permit with a federal administrative agency to operate a business within the boundaries of a popular national forest The agency grants a limited number of these permits that allow operation of the business during the busy tourist season The agency has turned down Mary’s application even though she received a permit in the prior year, paid the related fees on time, and violated none of the permit’s conditions The agency granted a permit to a different applicant who had never run this type of business previously If Mary appeals the decision to a court, what standard of review will it most likely use? A. The substantial evidence test B. The unwarranted by the facts test C. The arbitrary and capricious abuse of process test D. The unfair results test 19) What is the most basic or common remedy available for breach of a contract? A. Compensatory damages B. Nominal damages C. Consequential damages D. Punitive damages 20) The circumstances where an offer cannot be withdrawn under promissory estoppel is also known as: A. The doctrine of detrimental reliance B. The strict counteroffer rule C. Irrevocable offers D. The doctrine of renewable offers 21) Which of the following is correct regarding a counteroffer? A. It is treated as both a rejection of an offer and a new offer. B. It is not really an offer, but operates as the revocation of an offer. C. It operates as both an offer and acceptance. D. It is no different from any other offer. 22) A contract for the sale of land: A. Is governed exclusively by the Uniform Commercial Code. B. Requires at least two promisors. C. Must be in writing to be enforceable. D. Must be in writing only if the value of the land exceeds $500. 23) What does the parol evidence rule do? A. It sets the rules for admissibility of evidence relating to releasing a criminal from a prison term. B. It determines which contracts are required to be in writing. C. It limits the ability of parties to written contracts from introducing certain evidence related to the contract. D. It sets the general rules for...

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