1

1. Your coworkers are arguing about the recently passed Texas law that allows Texas National Guard soldiers to move into people's houses without their consent during times of emergency.This appears to violate the Third Amendment of the US Constitution.Your friend Lisa says that sincethe law conflicts with the US Constitution it's not going to last.Your other friend Bart says this is a good law because of all the hurricanes and natural disasters and even if it does conflict with the Constitution, it's for a good purpose and doesn't harm anybody.Since you took a business law course, they want to know what you think.
2. 1.I think the Texas law is going to prevail because it's more current.
3. 2.I think the Constitution is going to prevail because it's older.
4. 3.I think theTexas law is going to prevailbecause it only applies in Texas.
5. 4.I thinkthe U.S. Constitution is going to prevailbecause of the Supremacy Clause.

2 points

QUESTION 2

1. You work for theZarzamoraHand SoapCompany. Your boss just sent you an email that she's heard the Food and Drug Administration (FDA) has announced it's planning to enact a new regulation that limits chemicals in hand soap.She wants you to get the details of the proposed regulations. Where would you go to view the proposed regulation and comment on it?
2. 1.Whitehouse.gov
3. 2.The Federal Register
4. 3.The United States Code
5. 4.The Congressional Record

2 points

QUESTION 3

1. This new FDA regulation is an example of what source of American law?
2. 1.Stare Decisis
3. 2.Common or Case Law
4. 3.Federal Statute
5. 4.Administrative Law

2 points

QUESTION 4

1. The president of your company has come up with the idea of marketing marijuana flavored bubble gum. He says, "The kids will love it! We've checked, and the State of Texas doesn't have any laws that would make it illegal." What's your response?
2. 1."Then it looks like we're covered, Boss"
3. 2."Um,you know Boss,the State of Texas isn't the only source of law our company needs to be concerned with."
4. 3."But we sell transmissions,Boss."
5. 4."I'll help with the testing!"

2 points

QUESTION 5

1. Mickey sues Donald for defamation and assault. As Donald ispreparing to defend himself at trial, he asks Mickey for the evidence Mickey has against Donald.
2. 1.Mickey has to provide Donald with all the evidence he intends to use at the trial.
3. 2.It is up to Mickey's discretion as to what he provides to Donald.
4. 3.Donald has to wait until the trial actually starts to see the evidence Mickey is going to use.
5. 4.If Donald wants any evidence from Mickey before the trial starts, Donald is going to have to go to the judge and get a court order.

2 points

QUESTION 6

1. Thelma loses her lawsuit against Louise in a Texasstate trial court.Thelma appeals to theTexas Court of Appeals and loses again.Thelma could appeal next to:
2. 1.Thelma cannot appeal her case any further
3. 2.The Texas Court of Criminal Appeals
4. 3.The Texas Supreme Court
5. 4.The Federal District Court

2 points

QUESTION 7

1. You think thatBexarCounty'sprohibitionagainst hunting rabbits on Sunday might be unconstitutional, but you're not sure how a court is going to rule if you challenge the law.You do know that in a recent decision,Fuddv. Buggs, the Texas Supreme Court held that it was unconstitutional to prohibit hunting on Sunday. Under the doctrine ofstare decises, the BexarCounty trial court is likely to
2. 1.do whatever it decides is correct --the court will make its ruling based on its own reading ofthelaw.
3. 2.find the Supreme Court ruling to be unconstitutional and remand the case.
4. 3.overturn the prohibition on hunting rabbits.
5. 4.maintain the prohibition on hunting rabbits.

2 points

QUESTION 8

1. Bobby Shyster, a local entrepreneur, starts to market a product he claims will cure Type 2 diabetes in 90 days. He has no data to back up his claims and in reality the product is just a mixture of bacon fat and Seven Up. City health officials order him to stop all advertising. He contends that his advertising is protected commercial speech under the 1st Amendment. Is he correct?
2. 1.Yes, a city official doesn't have the authority to interfere with a constitutional right
3. 2.No, the government is allowed to protect consumers from being misled by incorrect information
4. 3.Yes, courts give substantial protection to advertising by businesses under the 1st Amendment to the U.S. Constitution
5. 4.No, the 1st Amendment doesn't protect commercial speech

2 points

QUESTION 9

1. Delano and Harry are neighbors in San Antonio, which is in BexarCounty. One evening, Delano is injured after Harry's homemadepropane grill blows up and blasts a chicken leg through their mutual fence and five inches into Delano's thigh.
2. Delano's medical bills as well as the pain and suffering caused by Harry's secrethabanerobbq sauce and the subsequent infection cause Delano to file a lawsuit against Harry. However, in order to attempt to maximize his recovery, Delano files his lawsuit in Panda County in East Texas instead of BexarCounty because Panda Countyhas a reputation for awarding very high verdicts. Neither Delano nor Harry have ever been to Panda County.
3. What would be Harry's primary objection to Delano's decision to file in Panda County?
4. 1.Harry would object to standing,as Delano does not have a "stake" in the matter in Panda County.
5. 2.Harry wouldobject to jurisdiction,as he has no minimum contacts to justify the Panda County court exercising jurisdiction over him.
6. 3.Harry would objectto diversity of citizenship, as both he and Delano are citizens of Texas.
7. 4.Harry would object to failure to employ Alternative Dispute Resolution first,as Delano did not seek mediation before filing his lawsuit.

2 points

QUESTION 10

1. John lives in Texas. Paul lives in California. Paul flies to Austin where he meets with John, and they sign a contract to manufacture and sell wigs in the hairstyles of famous business law professors.
2. After John spends $350,000 to get the business started, Paul says he's changed his mind and backs out of the contract. John files suit for breach of contract in state court in Austin. Paul says he can't be sued in a Texas court because he doesn't live in Texas.
3. What would the Texas court say?
4. 1.Lawsuits between residents of different states can only be heard in a Federal court when the amount in controversy exceeds $75,000.
5. 2.Paul signed the contract in Texas, so he can be sued in the Texas court in Austin under the Texas long-arm statute.
6. 3.Paul lives in the United States, so he can be sued anywhere in the U.S., including Texas, under the long-arm statute.
7. 4.Paul is a resident of California, so that's the only place he can be sued.

2 points

QUESTION 11

1. Thomas attacks Edward, severely injuring him. Thomas is arrested and tried for assault. He is found guilty and sentenced to one year in jail. Following the sentencing, Edward files a lawsuit against Thomas for assault and battery. Thomas tells the court that he's already been tried for assault so he can't be tried again. What will be the likely result?
2. 1.As long as Thomas is in jail, he cannot be sued for the action for which he is in jail.
3. 2.The 5th Amendment's protection against double jeopardy will keep Thomas from facing a second trial for his assault on Edward.
4. 3.Edward's lawsuit against Thomas is a civil tort case, not a criminal case, and so it will be allowed to go forward.
5. 4.Since Thomas was found guilty of the criminal charge of assault, Edward can sue him for the civil tort of assault. However, if Thomas had been found not guilty, Edward would not have been able to sue him.

2 points

QUESTION 12

1. Steve pushes Tony, who falls and breaks his arm. Steve is liable for the injury
2. 1.if Steve intended to push Tony.
3. 2.only if Steve didnotintend to break Tony'sarm.
4. 3.only if Steve had a bad motive for pushing Tony.
5. 4.only if Steve intended to break Tony's arm.

2 points

QUESTION 13

1. Jackie distributes a handbill throughout her neighborhood accusing her neighbor Chester of being aconvicted sex offender.The statement is defamatory if:
2. 1.the statement is true
3. 2.Chester suffers emotional distress
4. 3.a neighbor repeats it
5. 4.the statement is false

2 points

QUESTION 14

1. Barbie is selling her house. She knows that the house has a termite infestation, but she does not reveal this on the seller disclosure form. When Skipper, a potential buyer, asks Barbie if there are any problems with the house, Barbie assures Skipper that there are no problems. Skipper purchases the house based on the assurance that there is nothing wrong with it. Barbie may be liable to Skipper for
2. 1.negligence
3. 2.fraudulent misrepresentation
4. 3.larceny
5. 4.disparagement of property

2 points

QUESTION 15

1. Scout backs out of City Parking Garage, colliding with Dill's car.
2. Dill may recover $7,500 to cover the cost of the repairs if Scout failed to act as:
3. 1.a blameless person
4. 2.a realistic person
5. 3.a reasonable person
6. 4.a faultless person

2 points

QUESTION 16

1. Ralph, a van driver for Speedy Delivery Company, causes a multi-vehicle accident on a city street. Ralph and Speedy Deliveryare liable to
2. 1.anybody who was injured
3. 2.only those who were uninsured
4. 3.only those whose vehicles were closest to Ralph's van
5. 4.only those whose injuries could have been reasonably foreseen

2 points

QUESTION 17

1. Grant is driving the down the street when he is unexpectedly blinded by the sun. He keeps on driving at the same speed anyway, goes through a red light, and runs into the side of Lee's car, which is making a protected turn onto the street. Can Lee recover damages from Grant?
2. 1.Probably not, because Lee has a duty to watch out for other people's driving mistakes and by failing to do so, he contributed to his own damages.
3. 2.Probably, because anytime somebody causes damage, that person has a duty to compensate for that damage no matter what.
4. 3.Probably not, because it wasn't Grant's fault that he was momentarily blinded by the sun.
5. 4.Probably, because Grant failed to exercise reasonable care when he continueddriving even though he could no longersee what was ahead of him.

2 points

QUESTION 18

1. Mr. Howell slips and falls on Gilligan's Harbor Tour Boat and is injured. Mr. Howell files a suit against Gilligan's for $500,000. The jury found Gilligan's to be 80 percent at fault and, because he was drinking at the time, the jury found Mr. Howell to be 20 percent at fault. Undercomparativenegligenceprinciples, how much will Mr. Howell recover?
2. 1.$250,000
3. 2.$400,000
4. 3.$0
5. 4.$500,000

2 points

QUESTION 19

1. Maria sends an email to Brandy in which she says thatBrandy is a thief who has embezzled company funds.
2. Brandy's friend Tony is copied on the email and reads what Maria has written.
3. If Brandy sues Maria for defamation,Brandy will . ..
4. 1.probably win because Maria's writing of the email satisfies the publication element.
5. 2.probably lose because the email was never actually published anywhere, as required by the tort of defamation.
6. 3.probably win because Tony's reading of the email satisfies the publication element.
7. 4.probably lose because Maria is entitled to her opinion under the 1st Amendment.

2 points

QUESTION 20

1. Mr. Roper, a landlord, installs two-way mirrors in his tenants' rooms through which he watches them without their knowledge.
2. One day the tenants discover the mirrors. What can they do?
3. 1.Sue him for public disclosure of private facts
4. 2.Sue him for false imprisonment
5. 3.Sue him for invasion of privacy
6. 4.Sue him for defamation

2 points

QUESTION 21

1. Ernst and Gunter have a pet leopard, Mr. Wiggles, on their property in unincorporated southeast Bexar County.
2. One day Mr. Wiggles gets loose. They call their neighbor, Granny Smith, to warn her to stay inside while they round him up, but she sees him sleeping under a tree in the park across the street and goes out to confront him with a broom. Mr. Wiggles attacks her and severely injures her.
3. When Granny Smith sues Ernst and Gunter, they counter that she is responsible for her own injuries since she confronted Mr. Wiggles. What category of torts is relevant here?
4. 1.Strict Liability
5. 2.Foreseeability
6. 3.Good Samaritan Statute
7. 4.Danger Invites Rescue Doctrine

2 points

QUESTION 22

1. Andy just got hit in the head with a baseball bat. He's not sure if he should sue the guy who hit him for assault and battery or for negligence. What element, if present,would make the tort assault and battery?
2. 1.Negligence
3. 2.Causation, especially foreseeability
4. 3.Breach of duty
5. 4.Intent

2 points

QUESTION 23

1. If you're going to sue somebody for negligence, thefirstthing you're going to have to do is establish:
2. 1.thatRes Ipsa Loquiturdoes not apply.
3. 2.that the defendant owes you a duty of care.
4. 3.whetheryouwere contributorily negligent.
5. 4.that the reasonable person test applies.

2 points

QUESTION 24

1. John accidently ran over Graham's toes with his motorcycle. As a result, Graham had to spend the night in the hospital.While he was in the hospital, a thief saw that Graham's house was empty, broke in, and stole his antique 8 track tape player.
2. Graham sues John for negligence for running over his foot and wins. Will Graham be able to recover for the loss of his 8 track tape player in addition to his other damages like medical costs, pain and suffering, and loss of wages?
3. 1.Probably not. Graham won't be able to recover because the value of the 8 track tape player is negligible.
4. 2.Probably. John should have known that he was going to cause other damage to Graham besides just his foot.
5. 3.Probably not. It was not foreseeable that John's negligent operation of a motorcycle could cause the disappearance of an 8 track tape player miles away.
6. 4.Probably. Once John decided to operate his motorcycle, he assumed the risk and became responsiblefor everything that happened, no matter what.

2 points

QUESTION 25

1. Elrodpoints a gun at Monroe, threatening to shoot him if he does not steal from his employer,Northside Convenience Store, and give the stolen funds toElrod. Charged with theft,Monroe can successfully claim, as a defense
2. 1.nothing. He has no defense.
3. 2.self-defense
4. 3.entrapment
5. 4.duress

2 points

QUESTION 26

1. Enos, a police officer, wants to search the offices of the Duke Boys Corporation.Enos asks JudgeHoggto issue a warrant. Under the Fourth Amendment,no warrants for a search or an arrest can be issued without
2. 1.immunity
3. 2.double jeopardy
4. 3.probable cause
5. 4.reasonable doubt

2 points

QUESTION 27

1. In a jewelry store, Bonnie takes a diamond ring from the counter and drops it into her pocket. She turns around and takes five steps directly towards the exit of the store. Before she can leave the store, however, the store security guard, an off-duty police officer, stops her. She is arrested by a police officerand charged with larceny. She will likely be
2. 1.found not guilty because she didn't actually leave the store.
3. 2.found guilty because she took the ring with the intent to permanently deprive the owner of possession.
4. 3.found not guilty because she only took five steps.
5. 4.found not guilty because she was entrapped.

2 points

QUESTION 28

1. Police Officer Bill stops Ricky on the street and asks to look into Ricky's backpack. Ricky is polite but tells the office that he does not give the officer permission to look into his backpack. What Constitutional Amendment protects Ricky's right to be secure from unreasonable government searches?
2. 1.1st Amendment
3. 2.4th Amendment
4. 3.6th Amendment
5. 4.5th Amendment

2 points

QUESTION 29

1. Police Officer Bill looks into Ricky's backpack anyway and discovers a number of illegal pirated 8 track tapes, which it turns out Ricky has taken from Graham's house during a burglary. Ricky is arrested and charged with burglary.
2. Assuming that Police Officer Bill did not have probable cause to inspect Ricky's backpack, what argument is Ricky going to use to in order to get the evidence Police Officer Bill found in the backpack thrown out before trial?
3. 1.Mistake of Law
4. 2.Self-Incrimination
5. 3.Exclusionary Rule
6. 4.Entrapment

2 points

QUESTION 30

1. While out driving her mid-size SUV,Jeri Montgomerycaused a three-car collision whenshe abruptly swerved into the left lane in an attempt to get onto the highway after she passed the entrance ramp.Ms. Montgomery hit a Ford F-250 pickup truck, which caused her car to spin out of control. She then hit a Chevrolet Silverado.Chance Wilcox,apassenger in the Silverado, was killed when he was thrown from the vehicle. He was not wearing a seatbelt at the time of the incident. She was prosecuted and found guilty of criminally negligent homicide for the death of Mr. Wilcox.
2. Mr. Wilcox's estate sues Ms. Montgomery for the tort of wrongful death. Assuming there is evidence that Ms. Montgomery made an unsafe lane change and failed to keep a proper lookout, which of the following is the most likely outcome?
3. 1.Texas doesn't recognize the doctrine of abnormally dangerous activitiesas the basis for strict liability, so the fact that Ms. Montgomery was convicted for criminally negligent homicide is irrelevant in this case. Making an unsafe lane change and the failure to keep a proper lookout, while potentially dangerous, are not abnormally dangerous, and therefore strict liability will not apply. They are traffic offenses, as is failure to wear a seatbelt. So, Ms. Montgomery will probably not be held liable.
4. 2.Ms.Montgomery had a legal duty to operate her motor vehicle with ordinary care.She breached that duty by making an unsafe lane change andfailing to keep a proper lookout.Hernegligence was the cause-in-fact of Mr.Wilcox's death and his death was foreseeable.However,since Mr.Wilcox was not wearing a seat belt, that was a supersedingcause and he bears full responsibility for his death, since state law requires seat belts to be worn. Therefore, Ms.Montgomery will not be held liable for his death.
5. 3.Ms.Montgomery had a legal duty to operate her motor vehicle with ordinary care.She breached that duty by making an unsafe lane change andfailing to keep a proper lookout.Her negligence was the cause-in-fact of Mr.Wilcox's death and his death was foreseeable.Therefore, she is liable for his death.His failure to wear a seatbelt means he may bear some percentage of responsibility for his injuries under comparative negligence.
6. 4.Because she was already prosecuted for the death of Mr.Wilcox,Ms.Montgomery cannot be sued for his death under the 5th