1)The highest court in the United States is the:

A)County Court

B)U.S. Court of Appeals

C)U.S. Supreme Court

D)State Supreme Court

2)Someone seeking monetary damages (a verdict for a sum of money) would take their case to a:

A)Court of Law

B)Court of Equity

C)Court of Appeals

D)Arbitration

3)In a civil lawsuit between two individuals, the party pursuing the case in court is known as the

A)Magistrate

B)Constable

C)Plaintiff

D)Defendant

4)Which of the following terms describes an attorney billing structure where the lawyer is paid as a percentage of what they recover (get) for their client?

A)Fixed fee

B)Contingency fee

C)Hourly

5)Which is the correct order of events in the pre-trial phase of litigation?

A)Jury selection, Pre-trial conference, Discovery, Pleadings

B)Discovery, Pleadings, Jury Selection, Pre-trial conference

C)Pleadings, Discovery, Pre-trial conference, Jury selection

D)Discovery, Pre-trial conference, Jury selection, Pleadings

Note:Pleadings = Complaint (Plaintiff) + Answer (Defendant)

6)Sworn testimony, conducted out of court before trial, which is recordedby a court reporter (and sometimes byvideotape) of the parties and other keywitnesses is called a/an:

A)Deposition

B)Interrogatories

C)Opening Statement

D)Affirmative Defense

7)In a civil trial (lawsuit, not criminal prosecution), the standard of proof (this means to what extent do you have to convince the jury or judge in order to win your case) is called:

A)Preponderance of the evidence (more likely than not)

B)Beyond a reasonable doubt (the highest standard of proof)

C)By any means necessary

8)Interrogatories and depositions take place in which phase of litigation?

A)Pre-trial

B)Trial

C)Post-trial

9)There are _______________ senators in the United States Senate.

A)50

B)100

C)435

D)500

10) How many branches of government are there in the federal (Washington, D.C.) government?

A)One

B)Two

C)Three

D)Four

11) Certain rights within the Constitution (including Amendments), such as freedom of religion, freedom of speech, etc. apply not only to the government interfering with them, but as to private businesses as well.True or False?

A)True

B)False

12) There have only been 27 Amendments (changes) to the Constitution since 1789.The first 10 of these Amendments are called:

A)Primary Amendments

B)Liberty Amendments

C)Bill of Rights

D)Fundamental Amendments

E)Secondary Amendments

13) Congress (meaning the House of Representatives AND the Senate) can write laws regulating businesses based upon which section of the Constitution?

A)Legislative Clause

B)Congressional Mandate Clause

C)Commerce Clause

D)Regulation Clause

14) How long is the term for a U.S. Senator?

A)Two years

B)Four years

C)Six years

D)Lifetime appointment

15) A patent can be registered for:

A)A textbook

B)A painting

C)An invention for a power efficient air conditioner

D)The Nike logo

16) The first person (or company)to file,not necessarily create,can get the exclusive _________ on something.

A)Copyright

B)Patent

C)Ivanjica

D)Trademark

17) The current Vice-President of the United States is:

A)Ron DeSantis

B)Enrique Suarez

C)Mike Pence

D)Joe Biden

E)Aaron Judge

18) Which of the following is an unintentional tort?

A)Slander

B)Battery

C)Assault

D)Negligence

E)Libel

19) Which of the following is an intentional tort?(One of these is not a tort at all.)

A)Negligence

B)Breach of Contract

C)Battery

D)Malpractice

20) Which of the following is not an element of negligence?

A)Duty

B)Damages

C)Breach

D)Intent

E)Causation

21) True or false?If you are the owner of a small supermarket, and you see a spill of cooking oil in the middle of an aisle, you have a legal duty to either clean it up or put up a "wet floor sign" to protect your customers from harm.

A)True

B)False

22) True or false?Assault never accompanies battery.

A)True

B)False

23) Angela sees Fergus walking down the street (on the left side, of course), 20 feet ahead of her in the same direction.She takes a baseball out of her backpack and hits him in the back of the head with it, and he never sees it coming.Besides commending her for her good aim, you advise her that she may be held liable for:

A)Assault

B)Battery

C)Assault and Battery

D)Negligence

E)Nothing at all, since she never touched him

24) "Pain and suffering" and "emotional distress" are examples of __________________.

A)Intentional torts

B)General damages

C)General confusion

D)Special damages

E)Collusion

25) Which of the following best describes the product liability law with regard to a user of a product MISUSING it?Keep in mind,misuse of a product is a potentialdefensethat the defendant manufacturer,defendant merchant,or defendant lessor (someone who leases things)can use.

A)Whenever someone injures themselves or others using a product in a way it was not intended to be used, it is an absolute defense against the Plaintiff winning a products liability case.(Plaintiff loses, Defendant wins.)

B)The Defendant may escape liability if the injured Plaintiff was not the actual purchaser of the product.(Plaintiff loses, Defendant wins.)

C)The Plaintiff might be successful if his/her misuse of the product was reasonably foreseeable to the Defendant.(Plaintiff wins, Defendant loses.)

26) Which term best matches this definition?

The act of registeringsomeone else's name or trademark as adomain name

and then offering to sellthe registered domain name to thatperson.

A)Kleptomania

B)Cybersquatting

C)Reckless endangerment

D)Respondeat superior

27) Unsolicited, unasked for,unwanted e-mails are called _____________________.

A)Skyline Chili Offense

B)Spam

C)ICANN

D)Conversion

28) If someone keeps a wild animal,such as a Cameroonian Lion, as a pet, the owner is only liable for the injuries thelion causesifit can be proven that the owner was negligent in the care and supervision of the wild animal.True or False?

A)True

B)False

29) A defective product, let's say a hair dryer, is manufactured by Karlsson Kosmetics,Inc., and it is later sold by Sally's Beauty Suppliesto an individual consumer.The hair dryer starts shooting out flames and burns the house guest of the person who purchased it.Which of the following is a correct statement of liability on the part of Sally's Beauty?

A)Sally'shas as much liability as Karlsson Kosmetics, Inc., the manufacturer because they regularly sell these types of items in their stores.

B)Sally'shas no liability since they didn't design, manufacture, or print the warning labels for the product.

C)Sally's is solely liable, because Karlsson free from civil liability the moment Sally's purchased the hair dryer from them.

D)There is no liability for either company because the house guest was not the purchaser or owner of this defective and dangerous product.

30) Darrell says to Ashley, "If you offered me $15.00 for my backpack, we would have a deal."Ashley says, "$15.00 sounds like a reasonable price."Have they formed a contract?

A)Yes

B)No

31) A contract has to be legal (in other words,does not violate any criminal law)in order for a court to enforce it.True or false?

A)True

B)False

32) Regarding unilateral contracts, David announces, "I will pay $100.00 to anyone who climbs the flagpole in front of the Turner Building.Kelly says, "I accept."At this point do David and Kelly have a contract?

A)Yes.

B)No.

33) In general terms, an agreement to form a contract must include:

A)A fair bargain.

B)Offer and acceptance

C)A fair price

D)A written agreement

34) The Statute of Frauds states that some contracts MUST be in writing.Which of the following does not require a written contract?

A)The sale of a house

B)A 2-year employment contract

C)A contract to wash my car every week for the next 6 months

D)A purchase contract for $1000.00 worth of New York Yankees baseball caps

35) Darrell offers to sell Derick his collection of Barbie dolls.

Before Derick even has a chance to accept, Darrell says, "Sorry, I changed my mind, no deal."This is an example of:

A)Restitution

B)Revocation

C)A counteroffer

D)Buyer's remorse

36) Considerationmay be defined in contract terms as:

A)A politically correct way of helping the poor.

B)An arrangement for transferring and allocating risk.

C)A promise of something of value to be given in exchange for a promise for something else of value.

D)The correct way to behave in social situations

37) Asking the court to essentially tear up and void (cancel) a contract is ________________________.

A)Strict liability

B)Rescission

C)Consideration

D)Reformation

38) A corporation that is being formed with150shareholderswouldmost like be a/an________________________________.

A)A C-Corporation

B)An S-Corporation

C)A Limited Liability Company

D)A General Partnership

39) The main advantage of an LLC over a sole proprietorship is ________________.

A)Avoiding double taxation

B)Not having personal assets at risk for a lawsuit

C)Less paperwork

D)Not having to file with www.sunbiz.org

40) An S-Corporation may have at most,how many different classes of stock shares?

A)One

B)Two

C)Three

D)Four

E)No limits

41) Every administrative agency is specifically listed by its name in the U.S.Constitution.True or false?

A)True

B)False

C)Post Malone

42) What is the name of the legal principle that says someone who wants to file a lawsuit against a federal administrative agency has to go through all reviews possible with the agency first,before being allowed to file the case in court?

A)The Exhaustion Doctrine

B)The Monroe Doctrine

C)Paul Biya Doctrine

D)The Sherman Anti-Trust Act

43) The main legal standard used for someone who wants to challenge a rule made by an administrative agency is_____________________________.

A)the clear and convincing evidence standard

B)arbitrary and capricious

C)beyond a reasonable doubt

D)beyond a shadow of a doubt

44) Administrativeagencies aresaid toproduce _________________ to govern conduct and regulate business activities.

A)Rules

B)Statutes

C)Laws

D)Edicts

E)Bagels

45) Professional malpractice is_____________ professional negligence.

A)more serious than

B)less serious than

C)the same thing as

46) My neighbor sues me because my dog barks every night from 1:00 am to 4:00 am, and she can hear it in her house, disrupting her sleep.She will likely sue me for:

A)Assault

B)Trespass

C)Private nuisance

D)Public nuisance

47) True or False?In any state, there are either state courts or federal courts, but not both.

A)True

B)False

48) The main federal agency that regulates air, land, and water is the:

A)Food and Drug Administration (FDA)

B)Land, Air and Water Administration (LAW Administration)

C)The Federal Trade Commission (FTC)

D)The Environmental Protection Agency (EPA)

49) If you are asking the court for monetary damages in a lawsuit, would this be a matter of law or equity?

A)Law

B)Equity

50) Finally, we end with something that was mentioned the first week of class.The term that means eagerness to get involved with lawsuits and the legal process is:

A)Vivacious

B)Sartorial

C)Litigious