True/False (Write True or False on the line before each question)

________ Law, in its generic sense, is a body of rules of action or conduct prescribed by controlling authority, and having binding legal force. That which must be obeyed and followed by citizens subject to sanctions or legal consequences is a law.

________ The Constitution of the United States of America is the supreme law of the land.

________ A typical State Court Systems contains: Limited-Jurisdiction Trial Courts, General Jurisdiction Trial Courts, Intermediate Appellate Courts and highest State Court.

________ In the Hertz Corporation v. Friend case, the United States Supreme Court held that Hertzs corporate headquarter is not to be considered in diversity of citizenship jurisdiction.

________ In the International Shoe v. State of Washington case, the United States Supreme Court stated that in personam jurisdiction was established by International Shoes minimum contacts in the State of Washington as such contacts were systematic and continuous.

_______ A plaintiff can bring a lawsuit against a defendant after the applicable statute of limitation expired.

________ In the Walmart Stores v. Dukes case, the Unites States Supreme Court held that the case did not qualify for class action certification because the workers filing suit had little in common.

_______ In Walmart Stores v. Samara Brothers, the United States Supreme Court held the secondary meaning provision of the federal Lanham Act can be ignored because Walmart copied and sold Samaras clothing designs.

________ Certain checks and balances are built into the United States Constitution to ensure that no one branch of the federal government becomes too powerful.

________ Under the Supremacy Clause, federal laws preempt state laws that are in conflict.

_______ Under State Police Power, states delegated all power to regulate business to the federal government, including intrastate commerce.

_______ In Heart of Atlanta Motel v. United States, the US Supreme Court held that the challenged provisions of the Civil Rights Act of 1964 were constitutional as a proper exercise of the commerce power of the federal government.

_______ In Synder v. Phelps, the United States Supreme Court held that the military funeral picketing by the Westboro Baptist Church members was not protected by the First Amendment Free Speech provisions because it upset individuals attending the funerals.

_______ A tort is a civil wrong, other than a breach of contract, for which the law provides a remedy.

_______ Under the doctrine of contributory negligence, a plaintiff who is partially at fault for his or her own injury can recover against the negligent defendant.

_______ The Crashworthiness Doctrine says that automobile manufacturers are under a duty to design automobiles so that they take into account the possibility of harm from a persons body striking something inside the automobile in the case of a car accident.

_______ An above ground pool manufacturer is subject to strict liability if it fails to properly label its product outlining the consequences of diving to the users of the pool.

_______ A sole proprietor bears the risk of loss for all the debts and obligations of the business.

_______ A general partner has limited personal liability for the debts and obligations of the partnership.

_______ Large corporations generally opt to incorporate in the state with the laws that are most favorable to the corporation (e.g., Delaware).

Multiple Choice - Circle the letter that reflects the answer for each question, only one answer for each question.

21. In Standefer v. United States, the United States Supreme Court let stand the criminal conviction of a corporate executive for aiding and abetting the bribery of an IRS agent even though the IRS agent had been acquitted in a separate trial. The Standefer Opinion is an example of: a) Functions of the law; b) Fairness of the law; or c) Flexibility of the law.

22. After a bill receives the majority of votes in both the US House and US Senate, the bill is sent to the President and will become law if: a) the President signs the bill; b) the President takes no action for 10 days; c) the President vetoes the bill but 2/3rds of the members of the House and Senate vote to override; or d) all of the above.

23. This type of U.S. Supreme Court Decision is not precedent for later cases: a) Unanimous; b) Majority; c) Plurality; or d) none of the above.

24. Discovery includes: a) Depositions; b) interrogatories; c) production of documents; d) physical or mental examinations; or e) all of the above.

25. Under this Theory of Ethics moral duties are based on an implied social contract and fairness is justice: a) Ethical fundamentalism; b) Utilitarianism; c) Kantian ethics; d) Rawls social justice theory; or e) Ethical relativism.

26. The U.S. Constitution grants the federal government under the Commerce Clause the power to regulate: a) Commerce with Native American tribes; b) Foreign Commerce; c) Interstate Commerce; or d) all of the above.

27. In the Walmart Stores v. Cockrell case, the Court of Appeals of Texas held that Walmart had not proved the shopkeepers privilege and is liable for the intentional tort of: a) false imprisonment; b) misappropriation of the Right to Publicity; c) invasion of the right to privacy; or d) none of the above.

28. The general test of proximate cause is: a) foreseeability; b) contributory negligence; c) comparative negligence; or d) none of the above.

29. Because strict liability is a tort doctrine, privity of contract between the plaintiff and defendant is not required and the following parties can recover for strict liability: a) purchaser of the product; b) any user of the product; c) third-party bystanders; or d) all of the above.

30. The following is a common defense to product liability: a) generally known danger; b) government contractor defense; c) assumption of the risk; or d) all of the above.

31. If a plaintiff is 25% responsible for an accident in a state that applies comparative negligence to product liability actions the plaintiff can recover what percent of his or her damages: a) 25%; b) 75%; c) 50%; or d) Zero %.

32. In a strict liability lawsuit, which of the following parties in the chain of distribution of a defective product are strictly liable: a) Negligent Manufacturer only; b) Non Negligent Distributor only; c) All parties in the chain of distribution; or d) Non Negligent Retailer only.

33. The Shoshone Coca-Cola Bottling Company v. Dolinski case before the Supreme Court of Nevada is a classic strict liability case involving: a) defect in manufacture; b) defect in design; or c) failure to warn.

34. In the State in which a corporation is incorporated, the corporation is referred to as this type of a corporation: a) foreign; b) alien; or c) domestic.

35. The Articles of Incorporation include: a) the name of the corporation; b) the number of shares the corporation is authorized to issue; c) the address of the corporations initial registered office and the name of the initial registered agent; d) the name and address of each incorporator; or e) all of the above.

36. An agency that occurs when a principal and an agent do not expressly create an agency, but it is inferred from the conduct of the parties is an: a) express agency; b) implied agency; or c) apparent agency.

37. A Principal owes certain duties to an agent including: a) duty to compensate; b) duty to reimburse; c) duty to indemnify; d) duty to cooperate; or e) all of the above.

38. Under an undisclosed agency the following are subject to contract liability to third parties; a) the Principal; b) the Agent; c) both the Principal and Agent; or d) neither the Principal nor the Agent.

39. Limited partners are individually liable for the debts and obligations of the partnership if: a) a defective formation; b) they participated in management; c) they signed a Personal Guarantee; or d) all of the above.

40. The General Partners of a limited liability partnerships are: a) personally liable for the partnerships debts and obligations; b) not personally liable for the partnerships debts and obligations; c) personally liable only to the amount of their capital contribution; or d) none of the above.

Short Answer - Write the answer(s) on the space provided for each question below.

41. In Brown v. Board of Education, the United States Supreme Court reversed prior precedent and held that the separate but equal doctrine violated the Equal Protection Clause of the Fourteenth to the Constitution. This case shows and is an example of ____________________ of the law.

42. The federal court systems trial courts of general jurisdiction are U. S. ____________________ courts.

43. Diversity of Citizenship occurs in Federal Courts if a lawsuit involves (1) ________________________ or 2) _________________________________________________________.

44. The initial pleading document filed by the Plaintiff with a court and served with a summons on the defendant is called the ________________.

45. A motion which asserts that there are no factual disputes to be decided by the jury and that the judge can apply the proper law to the undisputed facts and decide the case without a jury is called a motion for _________________________.

46. In deciding whether to bring or settle a lawsuit, a __________________ analysis should be considered.

47. Under this Social Responsibility theory, a corporations duty is to make a profit while avoiding causing harm to others _______________________.

48. The Sarbanes-Oxley Act requires public companies to adopt and disclose codes of ____________.

49. The Judicial branch of the federal government has the power to ___________ the law.

50. The U.S. Supreme Court has held that 6 types of speech are unprotected by the First Amendment, name 1 of the 6 types - ________________________.

51. Assault, Battery, False Imprisonment are all ________________________ torts.

52. Intentional Misrepresentation or Fraud requires 4 elements: a) the wrongdoer made a false representation of material fact; b) the wrongdoer had knowledge that the representation was false and intended to deceive the innocent party; c) the innocent party justifiably relied on the misrepresentation; and d) the innocent party was _________________.

53. Throwing a lit match on the ground in the forest and causing a fire is a breach of the duty of care under the doctrine of unintentional tort commonly referred to as ________________.

54. Defamation of Character includes slander which is an oral defamatory statement as well as, __________, which is a false statement that appears in print.

55. In the Lilya v. The Greater Gulf State Fair, Inc case, the Supreme Court of Alabama held that there was no negligence as riding a mechanical bull was an open and obvious ____________________________of risk.

56. Name one of the duties that General Partners owe to each other and the partnership - ____________________________________ .

57. A clause that can be included in the articles of incorporation that permits the corporation to engage in any activity permitted by law is a _______________-purpose clause.

58. An agents duty to a principal that includes performing the lawful duties expressed in the contract and meeting the standards of reasonable care, skill, and diligence implicit in all contracts is a duty to ___________________.

59. Under the ___________________ test the principal is liable if the agent committed the intentional tort within work-related time and space.

60. Limited Partners in a limited partnership who invest capital but do not participate in management and are not personally liable for partnership debts beyond their _________________________________.