1. 3D HD TV Company, a firm in Minnesota, advertises on the Web. A court in North Dakota would be most likely to exercise jurisdiction over 3D HD if the firm
2. only advertised without interactivity at its Web site.
3. interacted with any North Dakota resident through its Web site.
4. conducted substantial business with North Dakota residents through its Web site.
5. suddenly removed its ad from the Internet.

2.85714 points

QUESTION 2

1. Boyd files a suit in a federal district court against Cathy. Cathy loses the suit, appeals to the U.S. Court of Appeals for the Second Circuit, and loses again. Cathy asks the United States Supreme Court to hear the case. The Court is
2. not required to hear the case.
3. required to hear the case because Cathy lost in a federal court.
4. required to hear the case because it is an appeal.
5. required to hear the case because Cathy lost in a lower court.

2.85714 points

QUESTION 3

1. Cody files a suit against Delta Corporation. Delta responds that it appears from the pleadings the parties do not dispute the facts and the only question is how the law applies to those facts. Delta supports this response with witnesses' sworn statements. This is
2. a counterclaim.
3. a motion to dismiss.
4. a motion for judgment on the pleadings.
5. a motion for summary judgment.

2.85714 points

QUESTION 4

1. Craig is a state court judge. In his court, as in most state courts, legal and equitable remedies have merged. But it is important to distinguish between equitable and legal remedies
2. to negotiate an enforceable business contract.
3. to request a proper remedy.
4. because neither type of remedy can be granted today.
5. for no good reason.

2.85714 points

QUESTION 5

1. Driving his sport utility vehicle negligently, Bart crashes into a streetlight. The streetlight falls, smashing through the roof of a house, killing Chris. But for Bart's negligence, Chris would not have died. Regarding the death, the crash is the
2. superseding cause.
3. proximate cause.
4. intervening cause.
5. cause in fact.

2.85714 points

QUESTION 6

1. Drummond wants to make a federal case out of his dispute with Elena. Federal cases originate in
2. federal courts of appeals.
3. federal district courts.
4. state trial courts.
5. the United States Supreme Court.

2.85714 points

QUESTION 7

1. During a heated legislative debate, Representative Peony makes a statement of fact damaging Senator Rose's good reputation. Peony knows the statement is not true. In this situation, Peony is most likely
2. liable for defamation.
3. not liable for defamation because only Rose's reputation was hurt.
4. not liable for defamation because Peony enjoys a privilege.
5. not liable for defamation because nobody listens to such debates.

2.85714 points

QUESTION 8

1. During a trial in Gene's suit against Homer over the use of Gene's lakeside cabin, Gene's attorney asks questions of the plaintiff's witness Illya. This is
2. a cross-examination.
3. a deposition.
4. a direct examination.
5. an interrogatory.

2.85714 points

QUESTION 9

1. Eden Property Sales Corporation and Dion agree to resolve their dispute in arbitration. The arbitrator's decision is called
2. a conclusion of law.
3. a finding of fact.
4. an award.
5. a verdict.

2.85714 points

QUESTION 10

1. Excel Products Company files a suit against Flying Distribution, Inc., over a contract. Before the trial, Excel can obtain from Flying
2. all documents in Flying's possession relating to the contract.
3. any documents in Flying's possession.
4. no documents in Flying's possession.
5. only those documents that Flying agrees to release.

2.85714 points

QUESTION 11

1. Ginger wants to file a suit against Fred. For a court to hear the case
2. the parties must own property.
3. the court must have jurisdiction.
4. Fred must agree.
5. the parties must have no minimum contact with each other.

2.85714 points

QUESTION 12

1. Glen retains Holly, an attorney, on a contingent-fee basis to seek $100,000 in damages in a personal-injury suit against Interstate Shipping Corporation. Glen wins. He must pay
2. Holly's fee, court fees, and other expenses.
3. Holly's fee only.
4. neither Holly's fee nor court fees and other expenses.
5. court fees and other expenses, but not Holly's fee.

2.85714 points

QUESTION 13

1. Great Tans, Inc., uses, in its radio ads, a recording by Holly, who owns the rights, without paying for the use.Over time, the song comes to be associated with Great Tans. In Holly's suit against Great Tans, the firm is most likely liable for
2. wrongful interference with a customary relationship.
3. appropriation.
4. conversion.
5. none of the choices.

2.85714 points

QUESTION 14

1. Hawaii enacts a state law that violates the U.S. Constitution. This law can be enforced by
2. the federal government only.
3. the state of Hawaii only.
4. the United States Supreme Court only.
5. no one.

2.85714 points

QUESTION 15

1. In Ben v. City Car Dealership, a state supreme court held that a minor could cancel a contract for the sale of a car. Now a trial court in the same state is deciding Daphne v. Even Steven Auto Deals, Inc., a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to
2. order the minor to cancel the contract.
3. require the minor to fulfill the contract.
4. allow the minor to cancel the contract.
5. disregard the previous case.

2.85714 points

QUESTION 16

1. In Rendezvous Cafe's suit against Sanitary Waste Services, Inc., the court issues a judgment in Rendezvous's favor. The judgment can be appealed to an appropriate court of appeals by
2. Rendezvous or Sanitary.
3. Rendezvous only.
4. Sanitary only.
5. neither party.

2.85714 points

QUESTION 17

1. In a suit against Vladimir over the performance of a contract, Wyler obtains rescission. This is
2. the cancellation of a contract.
3. an order to perform what was promised.
4. a payment of money or property as compensation.
5. an order to do or to refrain from doing a particular act.

2.85714 points

QUESTION 18

1. Inferior Company sells products that are poorly made. Jock, who has never bought an Inferior product, files a suit against Inferior, alleging that its products are defective. The firm's best ground for dismissal of the suit is that Jock does not have
2. sufficient minimum contacts.
3. jurisdiction.
4. standing.
5. certiorari.

2.85714 points

QUESTION 19

1. Jim is an appliance salesperson. To make a sale, he asserts that a certain model of a Kitchen Helper refrigerator is the "best one ever made." This is
2. fraud if the statement is the truth.
3. fraud if Jim is stating his opinion, not the facts.
4. fraud if Jim believes that this statement is not true.
5. not fraud.

2.85714 points

QUESTION 20

1. Kai files a suit against Lana based on one of Lana's statements that Kai alleges is fraudulent. To give rise to fraud, the statement must be one of
2. opinion.
3. emotion.
4. illusion.
5. fact.

2.85714 points

QUESTION 21

1. Kay carelessly bumps into Lyle, knocking him to the ground. Kay has committed the tort of negligence
2. only if Lyle is not injured.
3. under no circumstances.
4. under any circumstances.
5. only if Lyle is injured.

2.85714 points

QUESTION 22

1. Maggie and Nate enter into a contract for the sale of car, but Nate later refuses to deliver the goods. Maggie asks a court to order Nate to perform as promised. Ordering a party to perform what was promised is
2. an unenforceable demand.
3. a type of harm.
4. a remedy at law.
5. an equitable remedy.

2.85714 points

QUESTION 23

1. Nick sees Opal, a stranger, in peril, but does not attempt to rescue her. Opal could successfully sue Nick for
2. a violation of the "danger invites" rescue doctrine.
3. a violation of a Good Samaritan statute.
4. nothing.
5. negligence per se.

2.85714 points

QUESTION 24

1. OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is
2. none of the choices.
3. wrongful interference with a contractual relationship.
4. appropriation.
5. conversion.

2.85714 points

QUESTION 25

1. Olivia files a suit against Parker. If this suit is like most cases, it will be
2. settled at a trial.
3. dismissed or settled before a trial.
4. resolved only after a trial.
5. dismissed during a trial.

2.85714 points

QUESTION 26

1. Opal files a complaint in a suit against Phil, and he files an answer. The case may now be
2. resolved only after a trial ends.
3. settled only during a trial.
4. dismissed or settled at this point.
5. dismissed only after a trial begins.

2.85714 points

QUESTION 27

1. Refer to Fact Pattern 2-1A. If Java and Kaffe have a long-standing business relationship that they would like to continue, a preferred method of settling their dispute may be mediation because
2. the dispute will eventually go to trial.
3. the case will be heard by a mini-jury.
4. the process is not adversarial.
5. the resolution of the dispute will be decided an expert.

2.85714 points

QUESTION 28

1. Refer to Fact Pattern 3-1A. The sheriff serves Nan with a summons. If Nan chooses to ignore it
2. Nan will have a judgment entered in her favor.
3. Nan must be served with a second summons.
4. Mac will have a judgment entered in his favor.
5. Mac must file an amended complaint.

2.85714 points

QUESTION 29

1. Refer to Fact Pattern 3-3A. If Liz decides to appeal to a state appellate court, Liz's attorney must file, with the clerk of the appellate court within a prescribed period of time
2. a demand to be heard.
3. a motion for a judgment n.o.v.
4. a notice of appeal.
5. a request for affirmance, remand, or reversal.

2.85714 points

QUESTION 30

1. Refer to Fact Pattern 3-3A. If Moe decides to appeal to a state appellate court, Moe's attorney must file, with the clerk of the trial court within a prescribed period of time
2. a formal refusal to abide by the verdict.
3. a transcript of the trial and copies of the exhibits.
4. the judgment order from which the appeal is taken.
5. a notice of appeal.

2.85714 points

QUESTION 31

1. Refer to Fact Pattern 7-1A. As the landlord of the building, when a prospective tenant asks about the size of an apartment, Ray has a duty to
2. supply correct information.
3. tell tenants what they want to hear even if it is not correct.
4. do nothing.
5. arrange to correct the rent to match the tenant's ability to pay.

2.85714 points

QUESTION 32

1. Refer to Fact Pattern 7-1A. As the owner of the building, Roy has a duty to
2. repair the sidewalks only if he is notified that it is a problem.
3. arrange to escort anyone who walks onto the property.
4. repair the sidewalks.
5. do nothing.

2.85714 points

QUESTION 33

1. Tami's Tasty Tacos, a mobile vendor, files a suit against the state of Utah, claiming that a Utah state law violates the commerce clause. The court will agree if the statute imposes a substantial burden on
2. noneconomic activity.
3. the state.
4. interstate commerce.
5. a local government.

2.85714 points

QUESTION 34

1. The Financial Institutions Association would like a certain law enacted, administered, interpreted, and enforced in the best interest of its members, which include banks. Under the Constitution, Congress
2. enforces the laws.
3. makes the laws.
4. interprets the laws.
5. administers the laws.

2.85714 points

QUESTION 35

1. The legislature of the state of Mississippi enacts a new statute that sets standards for the liability of businesses selling defective products. This statute applies
2. only in Mississippi and its border states.
3. in all states.
4. only in Mississippi.
5. in all states but only to matters not covered by other states' laws.