Question Question 1

09 Jun Question Question 1

Question
Question 1

Which of the following statements is false?

a.Arbitration cannot impose a binding solution on the parties.

b.Only cases which have been decided at the appellate level will become precedents.

c.Mediation cannot impose a binding solution on the parties.

d.”Submission” is the act of referring an issue to the arbitration procedure.

e.Only clear evidence of fraud, misconduct or other serious irregularities will be used to set aside an arbitration award.

Question 2

1. The Sixth Amendment of the United States Constitution guarantees a person accused of a crime “the assistance of counsel for his defense.” This means that

2. a.people who cannot afford to hire an attorney are entitled to choose the person they wish to represent them.

3. b.the government cannot make a pretrial seizure of funds allegedly generated by a criminal enterprise.

4. c.the government cannot seize funds generated by a criminal enterprise following the conviction of a person of such a crime.

5. d.a defendant has a right to spend other people’s money in his possession in order to hire an attorney to defend him.

6. e.none of the above.

7.

Question 3

1. Zach and Josh open a coffee shop. They have no written agreement (they did not take Business Law), but intend to sell coffee and bagels to make a profit and sell franchises. Zach is putting up the dough and Josh the sweat equity. Which of the following best describes Zake’s and Josh’s business relationship?

2. a.One based on trust, respect and friendship.

3. b.They are limited partners.

4. c.They are shareholders in their corporation

5. d.They are sole proprietors

6. e.They are 50/50 partners.

7.

Question 4

1. Which of the following statements is false?

2. a.At the funeral of his father, Henry is given a paper to sign which purports to be the bill for funeral expenses. It turns out to be a contract to buy a part interest in the business. It is a voidable contract.

3. b.Pat always exaggerated to her friends about the gas mileage she got with her Subaru. When she decided to sell one of these friends offered to buy it. Pat would be under no duty to tell the correct figure unless asked.

4. c.The Abbot Corporation contracts with the Baker Corporation to sell to Baker its entire production. After signing the agreement, Abbot can increase its production from one shift to two shifts, and Baker will have to buy all of the doubled production.

5. d.The performance of a pre-existing contractual duty which is neither doubtful nor the subject of an honest dispute is legally sufficient consideration to support a second contract.

6. e.All of the above statements are false.

7.

Question 5

1. Which is the correct order of stages for a typical lawsuit?

2. a.pleadings, discovery, pretrial, trial, appeals

3. b.pleadings, pretrial, discovery, trial, appeals

4. c.pretrial, pleadings, discovery, trial, appeals

5. d.discovery, pretrial, pleadings, appeals

6. e.discovery, pleadings, pretrial, trial, appeals

7.

Question 6

1. Peter crossed the street at a crosswalk without looking for oncoming traffic. He was struck first by a car driven by Abel and then by a car driven by Baker. Peter sued Abel and Baker for negligence. The jury determined that Peter was 60% at fault, Abel 30% and Baker 10%. The jury also determined that Peter suffered damages of $100,000. Abel is insolvent. In a contributory negligence jurisdiction, how much can Peter collect from Baker?

2. a.Nothing

3. b.$40,000

4. c.$10,000

5. d.$100,000

6.

Question 7

1. Fred is an attorney who wants to advertise that he is San Diego’s best lawyer. He buys a billboard and posts his message. The State Bar of California wants him to take down his billboard. Which of the following constitutional proposals best supports Fred’s position?

2. a.The principles of the Fourth Amendment

3. b.The First Amendment

4. c.The Commerce Clause.

5. d.Unlawful taking without just compensation

6.

Question 8

1. Al Talker, a used car dealer, has a sport car for sale. Bob is interested in buying it. Al tells him, “It’s a super car–fastest on the road.” Bob later discovers that his next-door neighbor’s car is faster. Bob now wants to sue and visits his attorney. Which of the following would be the attorney’s best answer?

2. a.All cannot be sued because fraud is only a criminal matter.

3. b.Al’s statement is nothing more than puffing; therefore, Al cannot be held accountable.

4. c.Fraud requires malice; therefore, Al cannot be held accountable.

5. d.Al has engaged in fraud because the customer relied on his statement.

6.

Question 9

1. Mr. Big is a wealthy businessman. The police dislike him intensely so they obtain a warrant to search his home to see if there is anything they can use against him. The search warrant states that the police may search his entire home and seize all unlaful items which might happen to be in his home. At his home, they find the remains of a rare animal presently listed on the endangered species list. Which of the following is true?

2. a.The search warrant was defective because it was not precisely worded in that it did not precisely describe the premises nor did it describe the exact items to be seized.

3. b.Because the police had a search warrant, they could seize this animal and use it at trial.

4. c.Although the search warrant was not precise as to location and items to be seized, nevertheless it allowed introduction of the evidence. The judge who issued the search warrant is the one at fault and not the police.

5. d.It is not necessary to obtain a search warrant to search the home of someone suspected of having violated the law; therefore, the animal could be seized and used against him at trial.

6. e.A secret warrant is always required regardless of circumstances.

7.

Question 10

1. The Constitution is written:

2. a.as an alegory of the human struggle.

3. b.in specific language granting rights to citizens.

4. c.in highly specific language capable of one interpretation.

5. d.in a vague manner with no specific rights enumerated.

6. e.mostly in general language that can be interpreted in different ways.

7.

Question 11

1. The authority of a court to hear and decide cases is known as

2. a.Habeas Corpus

3. b.Demurrer

4. c.Jurisdiction

5. d.Stare Decisis

6. e.Quo Warranto

7.

Question 12

1. Which of the following statements is true?

2. a.Since they act as deterrent, punitive damages are frequently awarded.

3. b.A novation is an agreement between two parties to have one substitute for the other in a contract.

4. c.Peter offered to wax Kathy’s car for $20. Kathy accepted on the condition that he would clean the upholstery too. They have a contract.

5. d.An advertisment is usually an offer to sell.

6. e.Article 2 of the Uniform Commercial Code does not apply to the sale of services.

7.

Question 13

1. Which of the following statements is false?

2. a.Sarah Salesclerk sells word processors on commission at Marlin’s Department Store. She likes to sell the deluxe model because she earns a larger commission on it. One day, Carl Customer comes to the store to buy a word processor. Sarah tells him “This deluxe model will give you twice the wear and usage of the standard model.” Based on that statement, Carl buys the deluxe model, which only lasts him six months. Sarah has committed fraud in the inducement.

3. b.At common law a promise under a seal to authenticate it was effective without anything more.

4. c.If no time is stated, an offer will terminate automatically after a reasonable period of time.

5. d.Death or insanity of either the offerer or the offeree terminates the offer.

6. e.Michael Merchant telephones an order for widgets to the manufacturer. Nothing is said by either party about the price or method of payment, but the manufaturer delivers the goods as requested. Michael has made an implied in fact promise to pay for the goods.

7.

Question 14

1. Carolyn, with his permission, takes Steve’s car to the store. While there, she meets a group of her friends who are on their way to the beach. She leaves Steve’s car at the store and goes away fro the entire day. If Steve successfully sued Carolyn for trespass, he will

2. a.recover the value of the car.

3. b.recover the value of the time he did not have use of the car.

4. c.recover the car’s original price.

5. d.only recover the car.

6. e.recover nothing.

7.

Question 15

1. Which of the following statements is true?

2. a.The serving of written questions, to be answered in writing by the opposing party, is known as interrogatories.

3. b.A long-arm statute becomes applicable only in cases in which the court has been found not to have venue.

4. c.During the actual trial, a witness in the case may be subjected to a voir dire examination.

5. d.An attorney “cross examines” a witness who has been called to establish the facts about his or her side of the case.

6. e.If a demurrer entered by the defendant is sustained by the court, the plaintiff wins.

7.

Question 16

1. Which of the following statements is false?

2. a.Under the Equal Protection Clause, all governmental action that treats two classes of citizens differently will be invalid.

3. b.When a decision is made by an administrative body, it is final; there is no recourse to a court of law.

4. c.The rational relationship test for equal protection is more exacting than the strict scrutiny test.

5. d.Sarah may shoot to kill a burglar in the process of stealing her heirloom jewelry, even if she knows there is not threat to her own person.

6. e.All of the above statements are false.

7.

Question 17

1. Termination of an offer by the parties involved in a contract can be done by all of the following except:

2. a.Revocation of offer before acceeptance.

3. b.Counteroffer.

4. c.Revocation after acceptance.

5. d.Lapse of time.

6. e.All of the above are valid ways to terminate.

7.

Question 18

1. Which of the following statements is true?

2. a.When the judge can decide the case on matters of law and there are no genuine issues of fact, a Summary Judgment may be granted.

3. b.The party who appeals the case is referred to as the appellee.

4. c.A motion for a Summary Judgment is filed after the trial.

5. d.If a case is reversed and remanded, it is automatically dismissed in its entirety and no further action can be taken.

6. e.Generally speaking, it is the duty of the jury to decide the applicable law in the case.

7.

Question 19

1. Which of the following describes the relationship between law and ethics?

2. a.A law remains constant, whereas ethical values vary over time.

3. b.There is no per se relationship between law and ethics.

4. c.A law is enforceable in court and it sometime reflects society’s standard of ethical conduct.

5. d.Law are written to govern moral behavior, whereas ethics are designed to control civic behavior.

6. e.The law remains constant, wheras ethical values vary over time.

7.

Question 20

1. Which of the following statements is true?

2. a.The party who appeals the case is referred to as the appellant.

3. b.The burden of proof in a civil case is that the plaintiff must prove beyond a reasonable doubt that the defendant is liable.

4. c.When a court directs a verdict, no appeal can be taken from the judge’s decision.

5. d.After the plaintiff files the Complaint and the Summons is issued and served, the defendant ordinarily has no responsibility to file anything with the court prior to trial.

6. e.A long-arm statute becomes applicable only in cases in which the court has been found not to have venue.

7.

Question 21

1. A contract will be unenforceable if

2. a.one party to the contract feels he or she has been taken advantage of

3. b.a statute declares such a contract illegal

4. c.performance becomes difficult

5. d.public authorities voice disapproval of the contract

6. e.the parties involved believe the contract to be illegal

7.

Question 22

1. John and Mary have a dispute over certain merchandise delivered by John to Mary. Mary wants John to take the goods back but John refuses to take them back. As an alternative to filing suit, Mary might suggest

2. a.an arbitration of the suit. This means a third party would attempt to encourage them to settle their dispute.

3. b.a mediation of the suit. This means that the parties to the suit will submit the case to a panel of laypersons for a decision.

4. c.they settle the suit. This means they would somehow arrive at a fair resolution to the dispute to avoid a lawsuit.

5. d.going to trial because she has no other alternatives available to her.

6. e.a, b and c.

7.