BLAW 341 Exam 1 Practice Questions I got wrong – Flashcards
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pleadings consist of:
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the complaint and the answer.
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Generally, a state court's power is limited to the territorial boundaries of the state in which it is located and the immediately adjacent states. T/F
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False
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Cases involving diversity of citizenship arise only between citizens of different states. T/F
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False
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The amount in controversy in a diversity of citizenship case must be more than $1 million before a federal court can take jurisdiction. T/F
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False
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A state court can exercise jurisdiction over an out-of-state defendant who does business in the state over the Internet. T/F
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True
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There is at least one federal district court in every state. T/F
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True
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Arbitration is always legally binding. T/F
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False
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Megan, a resident of Ohio, runs a red light in Texas and hits Sarah, a Texas resident. Sarah files suit against Megan. The statute that allows the Texas court to exercise jurisdiction over Megan is called a(n)
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long arm statute.
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Jack and Jill, citizens of Vermont, are involved in a case related to the adoption of their child. The Vermont state courts
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have exclusive jurisdiction over this case.
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Milo files a suit against Nick in an Ohio state court, noting that Nick opÂŹerates a Web site through which Ohio residents have done substanÂŹtial business with him. The court is most likely to have jurisdiction over Nick if Milo's claim arises from
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Nick's Web site activities.
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David, an Alabama resident, files a suit in an Alabama court against QuickAds, an Internet company based in Georgia that provides advertising services. QuickAds only contact with persons in Alabama has been through QuickAds's passive advertising. The Alabama court is
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not likely to have jurisdiction over the case.
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Lora files a suit in Michigan against Ned over the ownership of a boat docked in a Michigan harbor. Lora and Ned are residents of Ohio. Ned could ask for a change of venue on the ground that Ohio
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is a more convenient location to hold the trial.
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iTablets, Inc., files a suit against Andromeda Pads Corporation. Suri is a witness for iTablets. Kevin is a witness for Andromeda. iTablets may direct interrogatories to
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Andromeda.
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During the trial phase of Fuel Corporation's suit against Gas Stations, Inc., their attorneys engage in voir dire. This is
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the selection of jurors.
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Transnational Corporation and United Shipping, Inc., agree to a contract that includes an arbitration clause. If a dispute arises, a court having juÂŹris-dicÂŹtion may
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order a party to submit to arbitration.
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Norwest Trucking Corporation files a suit in a state court against Bob's Service Company (BSC), and wins. BSC appeals the court's decision, assert-ing that the evidence presented at trial to support Norwest's claim was so scanty that no reasonable jury could have found for the plaintiff. Therefore, argues BSC, the appellate court should reverse the trial court's decision. Is the appellate court likely to reverse the trial court's findings with respect to the facts? If not, why not? What are an appellate court's options after re-viewing a case?
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An appellate court will reverse a lower court's decision on the basis of the facts if the evidence does not support the findings or if it contradicts them. Appellate courts normally defer to a trial court's decision with regard to the facts of a case, however, for several reasons. First, trial judges and juries have the opportunity to observe witnesses and tangible evidence first hand. The appellate court sees only a cold record of the trial court proceedings and therefore cannot make the kind of judgments about the credibility of wit-nesses and the persuasiveness of evidence that can be gleaned only from first hand experience. Second, as occurs when there is no jury and the case is heard by a judge, trial judges routinely sit as fact finders. As a result, they develop a particular expertise in determining what kind of evidence and testimony is reliable and what kind is not. (There are also constitutional reasons for an appellate court to defer to a jury verdict. If, based on the evidence presented to a jury, a reasonable person could have come to the same decision that the jury came to, an appellate court cannot reverse the jury's decision with regard to the facts because this would, in essence, take away a person's right to a jury trial.) An appellate court's options after re-viewing a case are to affirm the trial court's judgment, to reverse it in whole, to reverse it in part, to modify the decision, or to remand the case for further proceedings.
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Discount Mart, Inc., files a suit in a state court against Elements Computer Corporation, alleging that Elements breached a contract to sell 500 notebook computers to Discount. During the course of the suit, Discount files a motion for judgment on the pleadings, Elements files a motion for a directed verdict, and both parties file motions for summary judgment. When and for what pur-pose are each of these motions made?
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After the pleadings have been filed, either party can file a mo-tion for judgment on the pleadings. This motion may be used when no facts are disputed and, thus, only questions of law are at issue. The difference be-tween this motion and a motion for summary judgment is that the party re-questing the motion may support a motion for summary judgment with sworn statements and other materials; on a motion for a judgment on the pleadings, a court may consider only those facts pleaded. At the conclusion of the plaintiff's case, the defendant can file a motion for a directed verdict (federal courts use the term motion for a judgment as a matter of law), asking the court to direct a verdict for the defendant on the ground that the plaintiff has presented no evidence to justify the granting of the plaintiff's remedy. In considering the motion, the judge looks at the evidence in the light most favorable to the plaintiff and grants the motion only if there is insufficient evidence to raise an issue of fact. At the end of the defendant's case, either party can move for a directed verdict. If the only question is which laws apply to the facts in a case, either party can move for summary judgment before or during a trial. When a court considers a motion for summary judgment, it can take into account evidence outside the pleadings. The evidence may consist of sworn statements by parties or witnesses, as well as documents. A motion for summary judgment will be granted only when there are no genuine questions of fact, and the only question is a question of law.
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One of the oldest and most significant schools of jurisprudence is:
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Natural law
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Which of the following is not a primary source of law?
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A legal encyclopedia.
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Statutes are laws enacted by Congress and the state legislatures and comprise one of the sources of American law.
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True
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Administrative law is a source of American law that is comprised of statutes.
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False
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Uniform laws apply in all states, including those in which the laws have not been adopted.
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False
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Criminal law focuses on duties that exist between persons.
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False
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Smithy Saddlery is a saddle shop subject to the laws of New York. In New York, the highest-ranking (superior) law is:
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a provision in the New York constitution.
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The Uniform Commercial Code has been adopted, at least in part, in:
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all states.
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As a judge, Bonnie applies common law rules. These rules develop from:
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court decisions.
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Miley and Otis are involved in a case. The best definition of a case is:
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a judicial proceeding for the resolution of a dispute.
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Civil law is
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the branch of law dealing with the definition and enforcement of all private or public rights.
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Americans with a Better Cause (ABC), a nonprofit organization, files a suit against the U.S. Department of Justice (DOJ), claiming that a certain federal statute the DOJ is empowered to enforce conflicts with the U.S. Constitution and with a state constitution. In each situation, which source of law has priority?
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The U.S. Constitution is the supreme law of the land. A law in violation of the Constitution, no matter what its source, will be declared unconstitutional and will not be enforced. Thus, the federal statute does not have priority over the Constitution. The federal statute would have priority over the state constitution, however, because under the U.S. Constitution, when there is a conflict between a federal law and a state law, the state law is rendered invalid.
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In a dispute between Cosmic Games Corporation and Mythic Engineering Associates, Inc., the court applies the doctrine of stare decisis. What is this doctrine? What does this doctrine have to do with the American legal system?
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In a common law legal system, past judicial decisions are binding in current disputes with similar facts. This feature of the common law, which is the basis of the American legal system, is unique because, unlike the law in other legal systems, it is judge-made law. Within the common law system, when possible, judges attempt to be consistent and to base their decisions on the principles suggested by earlier cases. The body of principles and doctrines that form the common law emerged over time as judges applied the principles announced in earlier cases to subsequent legal controversies. The practice of deciding cases with reference to former decisions, or precedentsâthe cornerstone of the American legal systemâis called the doctrine of stare decisis. Under this doctrine, judges are obligated to follow the precedents established within their jurisdictions. This helps courts to be more efficient, and makes the law more stable and predictable.
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The commerce clause of the U.S. Constitution authorizes:
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Congress to regulate commerce.
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Police powers allow states to:
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regulate private activities to promote public health, safety, and general welfare.
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Article I, Section 8, of the U.S. Constitution permits Congress to regulate interstate commerce.
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True
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At least in theory, Congress can regulate every commercial enterprise in the United States.
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True
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Under their police powers, states can regulate only public activities, such as political demonstrations.
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False
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The First Amendment requires a complete separation of church and state.
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False
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Serenity City enacts an ordinance that bans the use of "sound amplifying systems" on public streets. Tyler wants to campaign for a seat on the city council by broadcasting his message through speakers mounted on a truck. In Tyler's suit against the city, a court would likely hold the ordinance to be
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constitutional under the First Amendment.
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Jim operates Jim's Fruits & Vegetables, a small market stocked entirely with produce grown on his adjacent farm. Under what clause of the Constitution can the federal government regulate Jim's activities? What is Jim's best argument against federal regulation of his farm and business?
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Under the commerce clause, at least in theory, Congress has the power to regulate any activityâinterstate or intrastateâthat affects interstate commerce. Thus, under that clause, it could be argued that the farmer's growing and selling of produce is subject to federal regulation because these activities affect interÂŹstate commerce. The farmer-vendor's best argument against federal regulation of his farm and business in this problem might be that in his case these activities and their effects are purely local. But because of the economic character of these activities, and hence their effect on interstate commerce, however minimal and despite their local character, it is unlikely that a court would accept this argument.
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The Arkansas state legislature enacts a statute that prohibits the advertising of video games "because the games might be harmful to minors." Despite this new statute, the president of Games Marketing, Inc. (GMI), orders GMI marketers to place ads in various media. When a GMI ad appears on HDTV, a local television station, GMI and HDTV are charged with violating the statute. What is the defendants' best defense against a conviction?
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GMI and HDTV cannot be convicted because a state legislature cannot enact a statute that restricts commercial speech (in this problem, marketing video games) to this extent. The First Amendment protects commercial speech. Commercial speech does not receive as much protection as noncommercial speech, however, so states can place some restraints on the former. For example, to protect consumers, a state may ban certain kinds of marketing practices, such as deceptive or misleading advertising. Generally, a restriction on commercial speech will be considered valid as long as it (1) seeks to implement a substantial government interest, (2) directly advances that interest, and (3) goes no further than necessary to accomplish the objective. Here, the complete ban on ads for video games "because the games might be harmful to minors" is too restrictive: it goes too far in attempting to protect minors for an apparently unsubstantiated purpose.
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One of the legal difficulties posed by defamatory remarks made online is that:
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it is difficult to learn the identity the person who made the defamatory remarks.
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To commit an intentional tort, one person must intend to harm a certain person.
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False
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The public disclosure of private facts about a person is an invasion of privacy.
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True
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Under the theory of negligence, the duty of care requires a careless act.
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False
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If no harm results from an allegedly negligent act, there is no liability.
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True
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Ike pushes Joan, who falls and breaks her arm. Ike is liable for the injury
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if Ike intended to push Joan.
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Duffy is a passenger in a car that Caleb is driving when an accident occurs. Both Caleb and Duffy are emotionally rattled, but neither is physically hurt. Caleb is not liable to Dufy on a negligence theory because
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Duffy was not injured.
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Precise Engineering Corporation has a contract with Quik Mart Stores to provide customized software for Quik's inventory control system. Retail Outlets, Inc., Quik's competitor, induces Sam, a Precise subcontractor who is writing code for the Quik software, to delay delivery of the code for one week. As a result, Precise's delivery of the software is delayed, and Quik sustains $500,000 in lost profits. On what ground could Quik recover damages from Retail Outlets?
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Quik could file an action against Retail Outlets based on wrongful interference with a contractual relationship. The elements that Quik must prove are that (1) a valid, enforceable contract existed between two parties; (2) a third party knew that this contract existed; and (3) the third party intentionally caused the breach of the contract for the purpose of advancing that party's own interest. For a successful tort action, Quik must also show that the third party's act caused damages. Facts that satisfy all of these elements are set out in the problem. There was a valid, enforceable contract between Precise and Quik. Retail Outlets knew of this contract. Retail Outlets intentionally interfered with this contract, causing its breach, for the purpose of advancing its own interest (undercutting the profit of its competitor). Quik suffered lost profits as a result of Retail Outlets' act.
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After two years of research and the investment of considerable funds, Coast-to-Coast Company (CC) develops a new product that it hopes will produce substantial profits. CC learns that a competitor, National Sales, Inc., has made and begun to sell a nearly identical product. CC learns from a reliable source that National paid a CC employee to obtain the plans for CC's product while it was in development. What legal recourse does CC have against National?
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In terms of legal recourse against National, CC might base a civil suit on charges of conversion and trespass to personal property. Conversion is any act depriving an owner of personal property without that owner's permission and without just cause. Conversion is the civil side of crimes related to theft. When conversion occurs, trespass to personal property usually occurs as well. If the initial taking of the property was unlawful, there is trespass. Retention of that property is conversion. CC might also have a claim for wrongful interference with a contractual relationship for inducing the CC employee to break his or her employment contract with CC by selling company secrets.
