27. Stare decisis means

a. the use of precedent.

b. deciding a unique case.

c. equitable maxims.

d. reversal of a lower courts decision.

28. Early English courts

a. relied exclusively on Norman Law.

b. included courts of law and equity.

c. heard cases that only applied to the nobility.

d. were often subject to bribery.

29. When the common law and a statute on the same subject conflict

a. the common law prevails.

b. the legal result is inconclusive.

c. the statute prevails.

d. the legislature is required to harmonize the common law and the statute.

30. A legal precedent

a. is no longer valid 50 years after the case is decided.

b. is no longer valid 100 years after the case is decided.

c. cannot be overruled.

d. remains valid unless and until overruled by a later case or statute.

31. Judicial review of the executive and legislative branches of the government

a. originated with the case of Marbury v. Madison.

b. is written into the U. S. Constitution.

c. originated in 1789 with the consent of two-thirds of the states.

d. did not exist before 1900.

32. A states long-arm statute

a. gives a court jurisdiction over non-U.S. citizens.

b. gives a court jurisdiction over non-residents of the state where the court is located.

c. gives a court located in one county of a state jurisdiction over state residents residing in other counties.

d. must be sanctioned by the states constitution.

33. A lawsuit in federal court between citizens of different states must involve an amount in controversy

a. of at least $75,000.

b. of at least $100,000.

c. of more than $75,000.

d. of more than $100,000.

34. Arbitration clauses in contracts

a. are disfavored by the courts.

b. cannot be challenged by the parties to the contract.

c. cannot be used in contracts between U.S. and non-U.S. citizens.

d. can be enforced at the federal level by the Federal Arbitration Act.

35. Discovery

a. allows litigating parties to obtain information from each other.

b. allows the loser in a lawsuit to question the jury about its verdict.

c. allows the loser in a lawsuit to question the judge about his/her rulings during the trial.

d. is prohibited in federal court.

36. In ruling on a motion for summary judgment

a. no evidence outside the pleadings may be considered by the judge.

b. the judge may consider evidence outside the pleadings.

c. the judge may reverse the burden of proof.

d. the judge may first consult the jury.

37. Initial pleadings in a lawsuit consist of

a. complaint and motions such as a motion to dismiss.

b. summons (service of process).

c. complaint and answer

d. requests for admissions and objections to same (if any).

38. The right to trial by jury

a. exists in all cases.

b. depends entirely on a states constitution.

c. cannot be waived.

d. exists in certain cases.

39. The U.S. Constitution

a. established a federal form of government.

b. established a unitary form of government.

c. established an imperial form of government.

d. can be amended only with the consent of all states in existence at the time of the amendment.

40. When the U.S. Congress chooses to act exclusively in an area of the law it is said

a. to dominate the area of the law.

b. to preempt the area of the law.

c. to be exercising its exclusionary authority.

d. to ignore states rights.

41. Commercial speech

a. is completely protected by the First Amendment.

b. is unprotected by the First Amendment.

c. is not protected by the First Amendment as extensively as non-commercial speech.

d. exists only when spoken or written by officers of a corporation.

42. The Establishment Clause of the U.S. Constitution

a. prohibits the creation of a central national bank.

b. created the federal judicial system.

c. was repealed in 1815 at the conclusion of the War of 1812.

d. prohibits showing preference to any religion.

43. Tort law

a. is exclusively defined and described by the Uniform Commercial Code (UCC).

b. deals exclusively with real property.

c. is applicable to state judicial systems but not to the federal judicial system.

d. seeks to compensate those who suffer loss or injury due to anothers wrongful act

44. Special damages

a. are awarded for non-monetary harm or injury.

b. can only be awarded pursuant to a contract between the parties.

c. cover quantifiable damages, e.g., medical expenses.

d. are awarded to punish a wrongdoer.

45. An intentional tort

a. once proven always results in punitive damages.

b. requires intent.

c. once proven always results in subsequent criminal proceedings.

d. requires a lower standard of proof than an unintentional tort.

46. Trespass to land

a. does not require harm to land as proof of trespass.

b. requires harm to land as proof of trespass.

c. cannot take place on property owned by a state government or the federal government.

d. is never excused.

47. Conversion

a. results in an item of intangible personal property becoming an item of tangible personal property.

b. results in a change from real property to personal property.

c. results in a change of currencies.

d. results when a person wrongfully possesses or uses the personal property of another.

48. Bob is injured in a bungee jumping accident. He sues Bill, the owner of the bungee jumping concession, for negligence. Bill is most likely to defend

a. by denying that bungee jumping is risky.

b. by citing the large number of bungee jumps without accident.

c. by claiming Bob assumed the risk of injury.

d. by claiming that Bob knew he was too heavy to be bungee jumping.

49. In a strict liability case

a. liability can only be imposed by proof of fault.

b. liability can be imposed for reasons other than fault.

c. privity of contract must exist between plaintiff and defendant.

d. the plaintiff must prove intent on the part of the defendant.

50. Product liability

a. is based on strict liability.

b. depends on privity of contract between plaintiff and defendant.

c. depends on proof of fault.

d. depends on proof of foreseeability.