Law class contracts, agency, torts, constitutional law

Question two

In Meinhard V. Simon the majority concluded:

breached his fiduciary duty by mismanaging the hotel Bristol

Was the manager of the Joint venture and had a fiduciary duty similar to that of a partner

Breached his fiduciary duty by conspiring to cut Meinhard out of the new real estate involving the Hotel Bristol

Was merely a passive investor and therefor had no fiduciary duty

Question four

Amelie has started selling flowers and shrubs that she's grown on her New Jersey property. She is making decent money and expects her business to grow. What kind of business organization should she form if she wants avoid personal liabilities?

Shell Company

LLC

Sole Proprietership

General partnership

Question five

In 2011 Roger offers to sell his car to Seth. Unfortunately, soon after making the offer, Roger falls down and suffers brain injury. A diagnosis by a mental health professional would automatically cause the following results:

Recission of the contract

Reformation of the contract

Transformation into an option contract which Seth can accept or reject

Extension of the offer until Roger recovers

Question six

Gerarld Rogers stated during a radio interview that he would pay $25,000 to anyone who found a defective manufactured by Gerald's company, GC products, LLC. Linda brought a defective hose to Gerald. Gerald said he is only joking about the 25,000 payment. If linda sues, result will most likely be:

Linda will lose because Gerald is only joking

Linda will lose because this is a reward

Linda will win if a easonable person would have thought Gerald intended what he said

Linda will win based on promissory estoppel

Question eight

A federal statute, either explicitly or through court interpretation, provides protection against employment discrimination for which of the following categories or characteristics?

Being a parent

having a criminal record.

Being blind

Being unmarried

Question nine

The equal protection clause of the 14^thamendment to the U.S constitution explicitly placed limits on:

The state government

The federal government

Individuals

Both state and federal governments

Question ten

Ed an employee of ABC Corporation and works in one of the company's stores. One day Ed... who is liable?

Ed, but not ABC, would be liiable for the tort

ABC and Ed could each be liable for the tort

ABC , but not ed, would be liable for the Tort

ABC and ed could each be liable for the tort but the plaintiff must first seek recovery from Ed.

Question eleven

Which of the following would not count as a public disclosure under rule 10(b)

The Wall Street Journal published an article which is accessible through a paywall

A blog mainly read by industry insiders

A financial analyst reveals a new product offering on cable television

information disclosed at a shareholder meeting that is open to all shareholders.

Question twelve

Which of the following is most likely to be deemed a legally enforceable offer?

I intend to sell my bicycle for $750 at the end of the summer

I will sell you my bicycke today for $750, delivery will be end of the summer

If I don't need it anymore, I will sell you my bike for $750at the end of the summer

do you want to buy my bicycle for $750 at the end of the summer?

Question thirteen

Which is an example of procedural, not substantive law?

The first amendment

There must be between six and 12 jurors

First degree murderrequires premediiaton

Elements of negligence

Question fourteen

Your friend works at Peloton, a company which manufactures stationary indoor exercise bikes. He confides to you that he's observing the CAEO starting to "lose it" and advises selling any company stock immediately. is this insider trading?

Yesbecause the acquaintance violated his fiduciary duties.

No because the information was easily observable and therefore public

No because the infoisonly his opinon and not material.

Question sixteen

Each of the examples below are related to correct application of the stare decisis except?

A judge who has experience with the subject of the dispute uses his own expert knowledge when deciding the outcome

Lawyers try to analogize the case facts to a previous case that was decided in their favour.

A law clerk sped few days looking up similar cases in her jurisdiction to write memo summarizing how judges have ruled

Realizing that a past holding was incorrect, justices overrule precedent

Question twenty two

Pat uses a chair purchased from Big Furniture to serve as a Prop for a play. During the play, he jumps on the chair during a dramatic scene and one of the legs snaps in half. Pat falls onto the stage and injures his wrist. He sues the chair manufacturer and the retailer. Which of the following, if true, would allow the retailer, Big Box Furniture, to avoid liability?

It was an unforeseeable misuse for anyone to use the chair in this way

Big Box furniture exercised reasonable care in selling the chair

Pat was not the purchaser of the chair

Any defect in the fair was caused by the manufacturer not Big Box furniture.

Question twenty three

Fruit fresh knowingly used chemical pesticides on its apples but advertised its apples as being chemical-free. Fruit fresh may be liable for:

Economic duress

Negligent miserprentation

Fraudulent misinterpretation

None of the above because it was an advertisement

Question twenty six

Which one of the systems below has been associated with lower recidivism rate?

Retribution

Incapacitation

Deterrence

Rehabilitation

Question 27

Post chased a fox down the beach. Pierson, knowing that post was hunting the fox, swooped in at the least second and killed the fox. The court agreed that person owns the fox because

Merely giving chase is not possession

What Pierson did is not illegal

The fox had not be wounded by either post or pierson before it was killed

Post had not touched the fox at all.

Question twenty eight

Suppose there is a federal law that prohibits hotels and restaurants from refusing to serve same sex couples. A hotel brings a lawsuit claiming that the law is unconstitutional because it exceeds congress power under the commerce clause. Nearly all of the hotelscustomers arefrom within the state and it uses local vendors for services and supplies, including the food served in its restaurant. What is the most likely result of the lawsuit?

The government will win because if the congress wants to regulate local commerce, it can do so under the supremacy clause.

The hotel will win unless the gov proves that a substantial number of same sexcouples were discouraged from travelling to or thrrough the state because they couldn't find hotel rooms or places to eat

The government will win as long as some of the hotel's services and supplies moves in interstate commerce and Congress had some evidence before it that made it rational to think that discrimination against same sex couples had an adverseeffect on the flow of interstate commerce

The hotel will win because the government must prove that a substantial number of the hotel's customers are from out of state

Question thirty one

The relationship between stare decisis and precedent is:

Stare decisis is a Latin for precedents

Precedent always binding for any court and staredecisis is not

Precedent is a concept that is present in both common law and civil law systems whereas stare decisis is only applicable in common low

Question thirty five

Mastt and Ben are in a flight. Matt throws a punch but instead of hitting Ben, he hits Eliot. Who is standing next to Ben? Which tort concept is most relevant to what just happened?

Transferred interests

Proximate cause

Criminal negligence

Res ipsa loquitur

Question thirty six

Bert and Ernie enjoyed a great relationship that ended with Bert's untimely. They owned property together as tenants in common. In this will, Bert bequeathed his share of the property to Oscar.

Oscar will get the property share regardless of Ernes opinion

Oscar will not get the property share regardless of Ernes opinion

Oscar will get the property share if Ernes doesn't consent

Oscar will get the property share only if Ernes consents