1.The Constitution has a Preamble, Articles and Amendments.Articles I, II and III establish the three branches of government: legislative, executive and judicial.

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True

False

2.The state and federal court systems in America are generally three-tiered -- trial court, court of appeal and supreme court.

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True

False

3.A deposition takes place during discovery.

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True

False

4.FIRAC is a method to brief a case and stands for facts, issues, rules, arguments, and conclusion.

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True

False

5.An arbitrator plays a role comparable to a judge.

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True

False

6.A trial consists of opening statements, plaintiff's case, defendant's case, and closing arguments.Evidence is testimonial and documentary.Courts of Appeal and Supreme Courts make their decisions -- not based on live testimony of witnesses before them -- but on lower court written records of the trial testimony and evidence.

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False

7.Ethical conduct is tantamount to doing what is morally right and at a minimum corresponds to obeying the law .

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True

False

8.Each tort is comprised of elements and is either intentional or unintentional.

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True

False

9.David persuades Paul to invest in David's company telling him that the company has a complete inventory when it does not.In fact, David needs Paul's money($300,000) to complete the inventory.Paul relied on David's representations to make the investment.The company goes under and Paul sues David for material misrepresentation.Paul should lose.

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True

False

10.Clara leaves her coat at Jane's house.She calls Jane and asks her if she has it.Jane does but she says, "No."Clara has a cause of action against Jane for conversion.

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False

11.Betty convinces her 95 year old aunt to give her an oil painting by a famous Californiaplein-aireartist.If Betty's conduct is in fact tortious Betty's aunt's cause of action would be for undue influence.

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12.Jack calls Eric a racial slur.As a result Eric has trouble sleeping, he loses weight, he has trouble focusing and doing his job.He goes to a psychiatrist who puts him on medication.If Eric sues Jack his cause of action should be for intentional infliction of emotional distress.

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13.A buyer and seller of real property conspire against the seller's realtor and delay the purchase until after the seller's realtor's commission agreement expires.Such conduct can give rise to a cause of action against the buyer for interference with contract.

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False

14.To sell a local beer an ad agency edits an old national commercial using three football stars without their consent.They have a cause of action for misappropriation of name or likeness against the beer company and the ad agency.

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True

False

15.Mark threw a rock in the direction of Bob, Bill and Ted.None of them saw it coming.It hit Bill.All three have a cause of action against Mark.

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False

16.The neighbors are operating a meth lab.The cause of action against them is slander of title.

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True

False

17.Jason blogs that Doug's car repair shop ruined his car which is false.The car repair shop has an action against Jason for disparagement.

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True

False

18.Co-workers Fred and Janet are photographed having lunch on a park bench.The photograph is used in a newspaper article about cheating spouses.Neither Fred nor Janet is married.They have a cause of action for defamation and invasion of privacy (false light).

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True

False

19.The elements of negligence and strict liability are the same.

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False

20.If plaintiff's injury arises from an abnormally dangerous activity, wild animal attack or defective product the cause of action is strict liability.

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True

False