PART 1 Determine whether the statements are True (T) or False (F). Please circle either T or F under the numbers. Each right answer is worth 1 point. 1. The New York State legislature can properly enact a statute prohibiting the TF placement of political signs on private property, declaring that such signs may offend sensitive persons. 2. Dr. Spring tried unsuccessfully for over a year to collect a $1000 debt from Mr. T F Schnure for services properly rendered. One evening, at a dinner party, Dr. Spring casually mentioned to several business friends, including the president of a local bank, that he was not able to collect the overdue debt from Mr. Schnure. As a result, Mr. Schnure was denied a loan that he applied for at the bank and suffered financially. Mr. Schnure has a proper claim against Dr. Spring for slander. 3. Since the U.S. Supreme Court is the highest court in the land, its precedent can never T F be overturned. 4. Don and Joe are involved in a contract dispute. Instead of going through the T F expensive and time-consuming process of civil litigation, they submit their dispute to binding arbitration. The arbitrators decide that Don is entitled to a $10,000 award from Joe. Joe thinks the award is unfair and refuses to pay Don. Since the award was determined by arbitration (i.e., not by a court of law), the award is not enforceable. 5. Bob is a longtime employee of a car company. Bob's boss tells Bob that during T F tomorrow's press conference, a new car model will be disclosed, which will be "a game changer." Since Bob is proud of his company, he promptly buys some stock in the company. Bob cannot be guilty of insider trading 6. Larry and Moe are co-workers at Acme Corp. Larry writes a letter telling Human T F Resources that Moe embezzled money from Acme Corp. Moe files a suit at the trial court level accusing Larry of defamation. Larry is found guilty of defamation and is ordered to paid damages to Moe. Larry does not think that the trial court committed an error of law; instead Larry is simply unhappy about losing the case. Larry appeals the case to an appellate court based on these facts. The probable outcome is that the appellate court would not accept the appeal. 7. Being a good citizen, Greta collected plastic bottles and placed them into 20 plastic T F bags in her own tiny backyard in anticipation of a town recycling program. The town recycling program is never started. Since the plastic bags are cluttering her tiny backyard, Greta drops the bags on the huge property of a house a few blocks away. Greta has committed a trespass. 8. Failing a field sobriety test during a traffic stop may give a police officer probable T F cause to arrest you for DWI. 9 Don is arguing with Joe at a party. Don pulls out a knife and threatens Joe with the T F knife. In response, Joe pulls out his own knife. Don starts to back away in the fashion that he is no longer a threat to Joe. Nevertheless, Joe stabs Don and claims self-defense. Joe's self defense claim is proper since Don pulled out a knife first.10. Hunt was encouraged by an acquaintance, who is actually a police informer, to sell T F cocaine to a government undercover agent. The agent then arrested Hunt for the possession and sale of a drug. Hunt claimed entrapment as a defense. During the trial, evidence was introduced to show conclusively that Hunt was in the business of selling cocaine and that the sale to the undercover agent was not really induced by the agent but was actually just another opportunity that presented itself to Hunt. The defense of entrapment is not valid in this case. 11. I walk away with your cell phone, thinking that it was mine. Even though I did not T F intend to take your phone, since I deprived you of your property, I am guilty of larceny. 12. Mike is arrested for the suspicion of murder of his wife. He is taken to the police T F station and he is not given his Miranda rights. Mike confesses to the police that he did kill his wife because he was tired of her. Mike then hires an attorney and retracts his confession. Mike's statement at the police station cannot be used in court. 13. The type of action indicated by the case title Fred Mertz v. Richard Arnaz is criminal T F case. 14. During Grand Jury Proceedings, the Grand Jury determines whether an accused is T F guilty or innocent. 15. Joe is an executive. During working hours, Joe walks up behind his secretary, puts TF his hands on her shoulders, smells her hair and whispers in her ear. The secretary winces. Joe has committed the tort of battery. 16. Joe is playing tennis on his high school team during a school-sanctioned official T F game. Don, on the opposing team, has an unusually strong serve. The served ball hits Joe in the nose, breaking his nose. Don is not guilty of battery 17. If the U.S. Government compels Google to hand over identity information of TF anyone who searches Google" for a broad range of search terms (thereby enabling a "fishing expedition"), without probable cause, and such information is given to the Government, the Constitutional protection against unreasonable search/seizure of the identified individuals could be violated. 18. During a criminal murder trial, a jury determines that the accused was more likely T F than not to have committed a murder. The jury should then return a verdict of guilty 19. Once Congress makes a law, it cannot be held unconstitutional by the U.S. Supreme T F Court. 20. During jury selection, the defendant's attorney looks at the prospective jurors and the F first prospective juror he dismisses is a woman simply because he does not like blondes. This dismissal by the attorney is proper. 21. A pressure cooker was designed so that it could be opened before it was fully T F depressurized. While using the cooker, Jerry opened the cooker and the scalding contents sprayed onto him, burning his face and neck. Despite the fact the cooker was found to be inherently dangerous, Jerry cannot properly sue for Strict Liability in Tort because he should have known not to open the cooker before it was22. In a newspaper article, Mayor Bill was called "corrupt" and said to have embezzled T F moneys from a public mental health project. To properly sue the newspaper for defamation, Mayor Bill would only have to prove that the harmful statements in the published article were false. 2 23. Bob has a heart condition for which he takes medication. One day, Bob is having T F sharp pains in his chest, which he had been told by a doctor is indicative of an imminent heart attack. However, since he wants to pick up his wife at the train station, he decides to "chance" it and gets into his car. On his way to the station, Bob suffers a heart attack and causes a collision with another car. Bob is liable for damages to the person he hit. 24. A New York State T-shirt Company regularly sells shirts to a California Company, T F Pelos Co. Pelos Co. orders custom T-shirts from the T-shirt Company and accepts the order. However, Pelos Co. does not pay for the order. The T-shirt Company sues Pelos Co. in a New York State Court. Even though Pelos Co. is a California company, a New York State Court can exercise personal jurisdiction over Pelos Co. 25. While Joe was vacationing in Alabama, he was convicted of smoking recreational T F marijuana where recreational marijuana is illegal. Joe lives in California where marijuana is legal. Joe can appeal his Alabama conviction in a California Court. 26. The New York State Supreme Court is not an appellate court. T F 27. Martha, a high school senior in a NY City Public School, told the principal of her T F school that she attended a pro-Life rally the past weekend. As a result, Martha was suspended from school by the principal, stating that a student that did not respect a woman's right to choose should not associate with the other students. Martha sues the school in Federal Court based on infringement of her right of free speech. The Federal Court has jurisdiction over the case because the case is regarding a Constitutional question. 28. The U.S. Supreme Court is obligated to hear and adjudicate all valid cases brought T F before them by the doctrine of certiorari. 29. A jury awarded Mike $100,000 in damages for injuries for a car accident caused by TF Tracy; however Mike was 25% at fault. Under the rule of comparative negligence, Mike would be entitled to only $25,000 of an award.Ajury awarded Mike 5 [00,000 in damages for injuries for a car accident caused by Tracy', however Mike was 25% at fault. Under the rule ofcomparative negligence, Mike would be entitled to only $25,000 of an award. Mary rented an apartment in NYS from Henry, the landlord, for one year. Mary gave Henry a security deposit of one month rent. At the end ofthe oneyear lease, Mary moved out but Henry refused to return the security deposit claiming Mary damaged the apartment beyond normal wear and tear. Although Mary proves that she had not caused the damage, Henry still refused to return the security deposit. Mary can take Henry to NY Small Claims Court to secure the return of the security deposit. 31. In New York State Small Claims Court, you can sue for specic performance. T F 32. [n a personal injury lawsuit, the defendant's attorney may compel the plaintiffto T F agree to an examination by a medical doctor chosen by the defendant's attorney, 33. You were kidnapped by an activist group "Occupy" and held hostage. You are then T F forced to participate with the group in the number ofillegal activities in which no one was killed. You had no reasonable opportunity to escape. The group, including you, are arrested by the police and charged with certain crimes. You can properly use the defense of duress. Harry, a college student, stole several new football helmets from the college sports locker room. Harry then sold the helmets for a very low price to Bob, the owner ofa 3 local sporting goods store. After reading an article in the newspaper about the theft, Bob thought that the helmets he purchased from Harry were likely the ones that had been stolen. Nevertheless, Bob did not notify anyone about the helmets. [nstead Bob marked the helmets for sale at a special price and placed them on the shelf with other football _ear. Althou h Bob laid for the football helmets, Bob committed a crime. Betty, a citizen of Ohio, was shopping in a New Jersey paint store, when a salesman spilled paint on her new $5000 designer handbag, which was ruined. The paint store refused to compensate Betty for the handbag. Betty wants to sue in court for the price ofthe handbag. Betty could bring her lawsuit in Federal Court based on diversity ofcitizenship since she is an Ohio citizen and the paint store is in New Jerse . 36. A New York Federal District Court decision could be appealed to the U.S. Court of T F Appeals for the Third Circuit. 37. New York State issues an executive order that all citizens must be administered a T F medical treatment, including an injection. Since New York State cites public safety as the rationale, such action does not violate a person's privacy rights. 38. Ted becomes intoxicated at a frat party and when driving home, hits a pedestrian T F MaryJo, who dies instantly. At trial, Ted is found guilty for the crime of DWI by the State and is imprisoned. MaryJo's family cannot sue Ted for the tort of wrongful death in a civil court because that would violate the Double Jeopardy Clause of the Fifth Amendment. 39. Bob is accused of looting a store. The store owner can be the plaintiff in a criminal T F proceeding. 40. Jill received a Complaint and Summons alleging that she damaged her neighbor's T F car. Jill finds the allegation to be ridiculous and frivolous and thus, takes no action. Jill's failure to acknowledge the Complaint and Summons could lead to a Judgement by Default, whereby Jill would have to pay compensatory damages to her neighbor. 41. Joe wants to rob a bank. However, Joe wants it to be "a clean robbery." So Joe uses T F an unloaded gun. When Joe points the unloaded gun at a bank teller, the bank teller is so shocked that he dies of a heart attack at that very moment. Although Joe did not intend the teller to die, Joe can properly be prosecuted for felony murder. 42. Bill is an executive at a big advertising firm, located on the 3" floor of a building. T F One day Bill asks an intern to stay late to catch up on some work. The intern said she couldn't stay because of a prior commitment. Bill then blocked the entrance to the elevator door so that the intern was not able to board the elevator. The intern then quickly walks down the staircase next to the elevator. The secretary has a proper claim for false imprisonment 43. Don writes a social media post stating that he thinks Rose is ugly. Rose has a proper T F claim for libel against Don. 44. Harry sees a store on Fifth Avenue being looted. Harry enters the store through a TF broken store door. Harry intends to take a pair of shoes, but can't find any in his size, so Harry takes nothing. Harry is not guilty of burglary in New York State. 45. Glenn, Ron and Sue are associates at a law firm. Glenn tells Ron that Sue used the T F firm's credit card without authorization. Sue actually didn't use the credit card at all. Sue would have a proper claim for slander against Glenn, even though Sue did not suffer a financial loss.46. Harris is working in a major retail store during the holidays. She believes that she is TF not being properly compensated for her overtime. "To fairly compensate herself," Harris takes a store gift card worth $20. Harris did not commit embezzlement. 47. Joe's rent is $1800 a month. Joe was a little short one month and sends a check to TF his landlord (Amy) for only $1600, with a note stating that he is sorry he is short. Upon receipt, Amy changes the amount on the check to $1800. Since Joe's monthly rent is $1800, Amy did not commit forgery. 48. An activist threatens a diner owner that unless the owner places a sign of support for TF his activist group in the diner window, he will tell everyone that the diner has rats in the kitchen. The activist is guilty of extortion. 49. Senators of the U.S. Congress were briefed in a non-public meeting that oil prices T F may be affected by covert developing terrorist activities in oil producing nations. Senator Bob trades his oil stocks after the briefing, and makes a profit. Bob cannot be guilty of insider trading because he is a legislator. 50. An EPA official finds environmental infractions at Joe's large ranch and is about to T F issue Joe a summons for such. Joe offers the EPA official $1000 in cash, asking the official to not issue a summons since Joe intended to clean up but was distracted by a medical emergency. Because the EPA official refused the $1000, Joe did not commit bribery. PART 2 Please select 25 of the questions that you marked FALSE, and write a brief explanation as to why the statements are FALSE. The answers should be just a few sentences. Each right answer is worth 2 points. 2476153