27. 28. 29. 30. Tina entered into a contract with Carl, and thinks Carl has breached...

         

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27. 28. 29. 30. Tina entered into a contract with Carl, and thinks Carl has breached the contract. Tina lives in New York. Carl lives in Texas. Tina can file a complaint against Carl in federal court in New York so long as: The Court validates Tina's complaint a. b. C. d. A litigant can obtain discovery from another party on any issue so long as the discovery request is: Logical to the claims in the case a. b. C. d. C. d. The amount in dispute in greater than $75,000 The dispute concerns a New York state statute Carl actually breached the contract The proper discovery tool to obtain a witness's testimony prior to trial is: Requests for Admissions a. b. a. b. Reasonably calculated to lead to the discovery of admissible evidence Directly relevant to the claims in the case Directed to the opposing party and not to a third parry C. d. One advantage of pursuing formal court litigation as opposed to ADR is: The opportunity to appeal an error of law by the judge Broader discovery rights Deposition Requests for Production of Documents A mental examination A greater likelihood that precedent will be followed by the judge A, B, and C 4 22. 23. 24. 25. 26. When a defendant claims that the government entrapped him by inducing him to break the law: The prosecution must prove the defendant was predisposed to commit the crime The prosecution must prove the defendant knew the wrongful nature of the crime a. b. The defendant must prove he/she did not intend to commit the crime C. d. In order to prove that a defendant possessed the criminal element of mens rea, the prosecution must prove the following: a. b. C. d. a. b. A tort is a violation of a duty imposed by: Criminal law Civil law Contract law Constitutional law C. d. a. b. The defendant must prove he/she suffers from an identifiable mental impairment that led to the committing of the crime A claim based upon which of the following raises a federal question? U.S. Constitution C. d. The defendant committed the prohibited act The defendant knew the act was against the law The defendant intended to commit the prohibited act The defendant intended to violate the law a. b. C. d. In general, what type of errors will an appellate court review? Errors of judgment Errors of law A federal statute A treaty ratified by the Senate A, B, and C Errors of fact Errors of witness testimony 19. 20. 21. Illegally obtained evidence is not permitted to be used at a criminal trial based upon the: Equity Doctrine a. b. C. d. Diane, a police officer, stops Tim's car for a traffic offense. While talking to Tim, she shines a flashlight into the passenger compartment of Tim's car and sees evidence of drug paraphernalia. Which statement is correct? a. b. C. d. Exclusionary Rule Fair Play Doctrine Reasonable Doubt Standard a. b. C. d. Diane may search the passenger compartment of the car and any place else in the car, including the trunk, without Tim's consent. The burden of proof required in a criminal case is: clear and convincing Diane may not search the passenger compartment of the car (nor any place else) without Tim's consent or a search warrant. However, she can require Tim to remain parked until the search warrant is brought to her. Under the above circumstances, Diane can write Tim a traffic citation but cannot search the vehicle. Diane may search the Tim's car, house, and belongings without his consent. a preponderance of the evidence beyond a reasonable doubt highest degree of honesty 3 15. 16. 17. 18. In California, which is not a defense to a negligence claim? The defendant did not owe plaintiff a duty. a. b. C. d. A plaintiff seeks to hold a landowner liable for injuries occurring on her property. The best argument for the landowner to raise in order to minimize the duty owed to the plaintiff is to argue that the plaintiff was Negligent. a. b. C. d. The defendant behaved reasonably under the circumstances. The harm to plaintiff was not foreseeable. The plaintiff was contributively negligent. b. C. d. Bob, a weak swimmer, ignored warning signs in a recreational swimming area and went into deep water. He soon tired and realized that he could not make it back to shore. Seeing Kelly, he cried out for help. Kelly, however, ignored the pleas. Bob was finally saved by Dorothy, but suffered partial brain damage by being submerged without oxygen for a number of minutes. Bob now sues Kelly for negligence for failing to save him: a. A trespassing adult. A licensee. An invitee. C. d. Bob will prevail because society places a duty on people to help each other and Kelly breached this duty, resulting in Bob's suffering injury. Bob will lose because as a threshold issue Kelly had no legal duty to rescue him. Bob will lose because Bob will not be able to prove that Kelly's act caused his injury. Bob will lose because the amount of his damages are speculative. Kelley climbed a fence and went ice skating on a neighbor's recently dug pond, but she fell through a thin area into icy waters and was badly injured after nearly drowning. Kelley did not have permission to be on the property, and the neighbor did not even know that she was there. Is the neighbor liable for Kelley's injuries? a. Yes. The neighbor is liable for all injuries on the property. Yes. The neighbor is negligent per se. b. No. The neighbor did not intend for Kelley to get hurt. Maybe. It depends upon Kelley's age. 12. 13. 14. While driving to a local gas station for a delivery, Bob lost control of his gasoline-delivery truck while driving on highway in Texas during a rare ice storm. The truck slid across the highway into an oil field, where it collided against an oil derrick operated by Texaco. Bob was uninjured, but the collision caused a large gasoline and oil fire. Texaco's best claim against Bob is: a. b. C. d. a. b. C. Negligence per se involves: d. Trespass Negligence a. b. Battery Arson C. d. Which of the following are not required elements of the doctrine of res ipsa loquitor? The defendant had exclusive control of the thing that caused the harm. The harm that resulted would not have occurred without the intentional misconduct of the defendant. The violation of a statute that sets a minimum standard of care for an activity. The violation of a minimum standard of care established by the common law. The violation of a minimum standard of care established by reference to the reasonable person. The violation of any legislative statute. The plaintiff had no role in causing the harm. A and B. 8. 9. 10. 11. A secretly taken photo of a rock start smoking drugs on vacation is printed in a tabloid. The rock star cannot sue for defamation because the offending picture is accurate. The rock star nevertheless may still be able to raise a claim the following tort: Invasion of privacy Conversion a. b. C. d. An intentional tort for battery does not exist under which circumstance? The defendant did not intend to hurt the plaintiff. A reasonable person would not have found the defendant's touching to be offensive. The defendant was not negligent. The defendant was a bystander. a. b. C. d. Pep Boys has a tire contract with Michelin through 2010, and is negotiating with Michelin on extending it five years. Sears, who does not sell Michelin tires, contacts Michelin about entering into an exclusive contract. Michelin breaks off negotiations with Pep Boys and enters into the exclusive deal with Sears to begin in 2011. Assuming Sears knew about Michelin's negotiations with Pep Boys for tending the contract and engaged in wrongful conduct in breaking up the contract extension, Pep Boys' best cause of action against Sears will be: Conversion a. b. C. d. Larceny Fraud a. b. The threshold element in a negligence case is C. d. Interference with Contract Interference with Prospective Economic Advantage Misappropriation Whether the defendant acted unreasonably. Whether the defendant injured the plaintiff Whether the defendant caused plaintiff's injury. Whether the defendant owed a duty of care to the plaintiff. 6. 7. One morning, Miles placed a thumbtack on the chair of the office manager where he worked. He had no quarrel with the office manager, but thought this would be funny. Two days after sitting on the tack, the office manager was hospitalized with an infection caused by the tack. Which of the following is correct? Miles did not commit a tort because he did not violate any duty of care. Miles did not commit an intentional tort because he thought the tack would only cause a little pinch, and did not intend to injure the manager. Miles committed an intentional tort. Miles had not duty because he was an innocent bystander. a. b. C. d. The threshold issue for determining whether a storekeeper is liable for the false imprisonment of a suspected shoplifter: a. b. C. d. Whether the storekeeper had a reasonable belief that the person was shoplifting. Whether the storekeeper reasonably detained the shoplifter. Whether the suspected shoplifter was an adult. Whether the suspected shoplifter was restrained and not free to leave. 1 1. 2. 3. 4. 5. When referring to the elements of a civil claim, the "elements" are the plaintiff must prove to win a lawsuit. a. b. C. d. a. b. Which of the following is a potential defense to a claim against an alleged defamatory statement? The statement was made orally. The statement was not made with the intent to injure anyone. The statement was not slander per se. The statement was true. C. d. a. b. Which element of defamation is missing? Defamation is 1) a statement that is likely to harm another's reputation; 2) that is false; 3)_ ; and 4) that cause injury to the plaintiff. C. d. a. b. Threshold Factual and Legal Cognizable Civil Assault occurs when a defendant does some act that makes a plaintiff fear For his/her well being For his/her safety C. d. a. b. That is written or oral That is communicated to at least one person other than the plaintiff. That is immoral That is communicated to the plaintiff C. d. Trespass occurs when a defendant An intentional touching An imminent battery issues that a Remains on someone else's land after being asked to leave Intentionally enters onto land belonging to someone else Negligently enters onto land belonging to someone else A and B 27. 28. 29. 30. Tina entered into a contract with Carl, and thinks Carl has breached the contract. Tina lives in New York. Carl lives in Texas. Tina can file a complaint against Carl in federal court in New York so long as: The Court validates Tina's complaint a. b. C. d. A litigant can obtain discovery from another party on any issue so long as the discovery request is: Logical to the claims in the case a. b. C. d. C. d. The amount in dispute in greater than $75,000 The dispute concerns a New York state statute Carl actually breached the contract The proper discovery tool to obtain a witness's testimony prior to trial is: Requests for Admissions a. b. a. b. Reasonably calculated to lead to the discovery of admissible evidence Directly relevant to the claims in the case Directed to the opposing party and not to a third parry C. d. One advantage of pursuing formal court litigation as opposed to ADR is: The opportunity to appeal an error of law by the judge Broader discovery rights Deposition Requests for Production of Documents A mental examination A greater likelihood that precedent will be followed by the judge A, B, and C 4 22. 23. 24. 25. 26. When a defendant claims that the government entrapped him by inducing him to break the law: The prosecution must prove the defendant was predisposed to commit the crime The prosecution must prove the defendant knew the wrongful nature of the crime a. b. The defendant must prove he/she did not intend to commit the crime C. d. In order to prove that a defendant possessed the criminal element of mens rea, the prosecution must prove the following: a. b. C. d. a. b. A tort is a violation of a duty imposed by: Criminal law Civil law Contract law Constitutional law C. d. a. b. The defendant must prove he/she suffers from an identifiable mental impairment that led to the committing of the crime A claim based upon which of the following raises a federal question? U.S. Constitution C. d. The defendant committed the prohibited act The defendant knew the act was against the law The defendant intended to commit the prohibited act The defendant intended to violate the law a. b. C. d. In general, what type of errors will an appellate court review? Errors of judgment Errors of law A federal statute A treaty ratified by the Senate A, B, and C Errors of fact Errors of witness testimony 19. 20. 21. Illegally obtained evidence is not permitted to be used at a criminal trial based upon the: Equity Doctrine a. b. C. d. Diane, a police officer, stops Tim's car for a traffic offense. While talking to Tim, she shines a flashlight into the passenger compartment of Tim's car and sees evidence of drug paraphernalia. Which statement is correct? a. b. C. d. Exclusionary Rule Fair Play Doctrine Reasonable Doubt Standard a. b. C. d. Diane may search the passenger compartment of the car and any place else in the car, including the trunk, without Tim's consent. The burden of proof required in a criminal case is: clear and convincing Diane may not search the passenger compartment of the car (nor any place else) without Tim's consent or a search warrant. However, she can require Tim to remain parked until the search warrant is brought to her. Under the above circumstances, Diane can write Tim a traffic citation but cannot search the vehicle. Diane may search the Tim's car, house, and belongings without his consent. a preponderance of the evidence beyond a reasonable doubt highest degree of honesty 3 15. 16. 17. 18. In California, which is not a defense to a negligence claim? The defendant did not owe plaintiff a duty. a. b. C. d. A plaintiff seeks to hold a landowner liable for injuries occurring on her property. The best argument for the landowner to raise in order to minimize the duty owed to the plaintiff is to argue that the plaintiff was Negligent. a. b. C. d. The defendant behaved reasonably under the circumstances. The harm to plaintiff was not foreseeable. The plaintiff was contributively negligent. b. C. d. Bob, a weak swimmer, ignored warning signs in a recreational swimming area and went into deep water. He soon tired and realized that he could not make it back to shore. Seeing Kelly, he cried out for help. Kelly, however, ignored the pleas. Bob was finally saved by Dorothy, but suffered partial brain damage by being submerged without oxygen for a number of minutes. Bob now sues Kelly for negligence for failing to save him: a. A trespassing adult. A licensee. An invitee. C. d. Bob will prevail because society places a duty on people to help each other and Kelly breached this duty, resulting in Bob's suffering injury. Bob will lose because as a threshold issue Kelly had no legal duty to rescue him. Bob will lose because Bob will not be able to prove that Kelly's act caused his injury. Bob will lose because the amount of his damages are speculative. Kelley climbed a fence and went ice skating on a neighbor's recently dug pond, but she fell through a thin area into icy waters and was badly injured after nearly drowning. Kelley did not have permission to be on the property, and the neighbor did not even know that she was there. Is the neighbor liable for Kelley's injuries? a. Yes. The neighbor is liable for all injuries on the property. Yes. The neighbor is negligent per se. b. No. The neighbor did not intend for Kelley to get hurt. Maybe. It depends upon Kelley's age. 12. 13. 14. While driving to a local gas station for a delivery, Bob lost control of his gasoline-delivery truck while driving on highway in Texas during a rare ice storm. The truck slid across the highway into an oil field, where it collided against an oil derrick operated by Texaco. Bob was uninjured, but the collision caused a large gasoline and oil fire. Texaco's best claim against Bob is: a. b. C. d. a. b. C. Negligence per se involves: d. Trespass Negligence a. b. Battery Arson C. d. Which of the following are not required elements of the doctrine of res ipsa loquitor? The defendant had exclusive control of the thing that caused the harm. The harm that resulted would not have occurred without the intentional misconduct of the defendant. The violation of a statute that sets a minimum standard of care for an activity. The violation of a minimum standard of care established by the common law. The violation of a minimum standard of care established by reference to the reasonable person. The violation of any legislative statute. The plaintiff had no role in causing the harm. A and B. 8. 9. 10. 11. A secretly taken photo of a rock start smoking drugs on vacation is printed in a tabloid. The rock star cannot sue for defamation because the offending picture is accurate. The rock star nevertheless may still be able to raise a claim the following tort: Invasion of privacy Conversion a. b. C. d. An intentional tort for battery does not exist under which circumstance? The defendant did not intend to hurt the plaintiff. A reasonable person would not have found the defendant's touching to be offensive. The defendant was not negligent. The defendant was a bystander. a. b. C. d. Pep Boys has a tire contract with Michelin through 2010, and is negotiating with Michelin on extending it five years. Sears, who does not sell Michelin tires, contacts Michelin about entering into an exclusive contract. Michelin breaks off negotiations with Pep Boys and enters into the exclusive deal with Sears to begin in 2011. Assuming Sears knew about Michelin's negotiations with Pep Boys for tending the contract and engaged in wrongful conduct in breaking up the contract extension, Pep Boys' best cause of action against Sears will be: Conversion a. b. C. d. Larceny Fraud a. b. The threshold element in a negligence case is C. d. Interference with Contract Interference with Prospective Economic Advantage Misappropriation Whether the defendant acted unreasonably. Whether the defendant injured the plaintiff Whether the defendant caused plaintiff's injury. Whether the defendant owed a duty of care to the plaintiff. 6. 7. One morning, Miles placed a thumbtack on the chair of the office manager where he worked. He had no quarrel with the office manager, but thought this would be funny. Two days after sitting on the tack, the office manager was hospitalized with an infection caused by the tack. Which of the following is correct? Miles did not commit a tort because he did not violate any duty of care. Miles did not commit an intentional tort because he thought the tack would only cause a little pinch, and did not intend to injure the manager. Miles committed an intentional tort. Miles had not duty because he was an innocent bystander. a. b. C. d. The threshold issue for determining whether a storekeeper is liable for the false imprisonment of a suspected shoplifter: a. b. C. d. Whether the storekeeper had a reasonable belief that the person was shoplifting. Whether the storekeeper reasonably detained the shoplifter. Whether the suspected shoplifter was an adult. Whether the suspected shoplifter was restrained and not free to leave. 1 1. 2. 3. 4. 5. When referring to the elements of a civil claim, the "elements" are the plaintiff must prove to win a lawsuit. a. b. C. d. a. b. Which of the following is a potential defense to a claim against an alleged defamatory statement? The statement was made orally. The statement was not made with the intent to injure anyone. The statement was not slander per se. The statement was true. C. d. a. b. Which element of defamation is missing? Defamation is 1) a statement that is likely to harm another's reputation; 2) that is false; 3)_ ; and 4) that cause injury to the plaintiff. C. d. a. b. Threshold Factual and Legal Cognizable Civil Assault occurs when a defendant does some act that makes a plaintiff fear For his/her well being For his/her safety C. d. a. b. That is written or oral That is communicated to at least one person other than the plaintiff. That is immoral That is communicated to the plaintiff C. d. Trespass occurs when a defendant An intentional touching An imminent battery issues that a Remains on someone else's land after being asked to leave Intentionally enters onto land belonging to someone else Negligently enters onto land belonging to someone else A and B

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27 b The amount in dispute in greater than 75000 The amount in dispute must be greater than 75000 in order for Tina to file a complaint against Carl in federal court in New York 28 The answer is d Dir... View the full answer