Please answer those questions

The doctrine of precedent: a. Requires a judge to decide an issue in a case based on the evidence b. Requires a judge to decide an issue in a case based on statutory law c. Requires a judge to decide an issue in a case based on previous rulings made in other factually and legally analogous cases (1. Requires a judge to decide an issue in a case based on principles of equity When a federal court is called upon in a case to intemret a federal statute, the court generally will consider which of the following? a. The indirect meaning of the statute b. The intent of the President in deciding to sign the statute c. The plain meaning of the statute d. The business necessity of the statute Which branch of the federal government has authority to make law? a. Legislative b. Judicial c. Executive (1. A, B, and C When determining the constitutionality of an entrance examination for a job, a court will apply which test? a. Substantial Effect Test b. Business Necessity Test c. Substantial Equity Test (1. Due Process Test Todd and Carla have a dispute, and both want to use a type of ADR that will produce a legally binding result. Which of the following would best meet their needs? a. Negotiation b. Mediation c. Arbitration d. Reconciliation In general, what type of errors will an appellate court review? Errors of judgment Errors of law Errors of fact Errors of ideas SL957?\" Tina entered into a contract with Carl, and thinks Carl has breached the contract. Tina lives in New York. Carl lives in Texas. Tina can le a complaint against Carl in federal court in New York so long as: a. The Court validates Tina's complaint b. The amount in dispute in greater than $75,000 c. The dispute concerns a New York state statute (1. Carl actually breached the contract A litigant can obtain discovery from another party on any issue so long as the discovery request is: a. Logical to the claims in the case b. Reasonably calculated to lead to the discovery of admissible evidence c. Directly relevant to the claims in the case (1. Directed to the opposing party and not to a third parry When deciding whether it is constitutional for a state university to given preferential treatment to a veteran, a court Will apply the following: a. Rational Basis Test b. Good Idea Test c. Strict Scrutiny (1. Intermediate Scrutiny 10. 11. 12. 13. 14. When determining whether a city may restrict how tall of a home a property owner's is able construct on beach front property, a court will decide : a. b. c. (1. Whether the requirement imposed by the government is just. Whether the government is providing the land owner compensation. Whether the government has shown a compelling interest in regulating the land. Whether the government has shown a specic public need for the regulation, and the land retains some economic value. The 14th Amendment's Equal Protection Clause "strict scrutiny" test will be used when the legislation: a b: C. d. affects an economic interest differentiates on the basis of a disability differentiates on the basis of ethnicity differentiates on the basis of age Generally, constitutional protections do n_ot apply to: a. federal statutes enacted by Congress b. states statutes enacted by a state legislature c. rules and regulations enacted by a federal administrative agency d. acts of privately owned businesses When referring to the elements of a civil claim, the \"elemen \" are the issues that a plaintiff must prove to win a lawsuit. a. Threshold b. Factual and Legal c. Cognizable (1. Related e. Civil Which is the threshold element of a claim for the intentional tort of defamation: a b. c. d. e. A statement that is written or oral A statement that is communicated to at least one person other than the plaintiff A statement that is likely to harm another's reputation A statement that is an opinion A statement that is false 15. 16. 17. Assault occurs when a defendant does some act that makes a plaintiff fear a. For his/her well being b. For his/her safety 0. An intentional touching d. An imminent battery e. An accident Trespass occurs when a defendant . Remains on someone else's land after being asked to leave a. b. Intentionally enters onto land belonging to someone else c. Negligently enters onto land belonging to someone else (1. A and B e. AB, and C One morning, Miles placed a thumbtack on the chair of teacher where he went to school. He had no quarrel with the teacher, but thought this would be funny. Two days after sitting on the tack, the teacher was hospitalized with an infection caused by the tack. Which of the following is correct? Miles did not commit a tort because he did not violate any duty of care. Miles did not commit an intentional tort Miles committed an intentional tort Miles conduct can be excused if he is not an adult No tort has been committed. sup-99's 18. 19. 20. 21. The threshold element in a negligence case is 9999's Whether the defendant acted unreasonably Whether the defendant injured the plaintiff Whether the defendant caused plaintiff's injury Whether the plaintiff was injured Whether the defendant owed a duty of care to the plaintiff While driving to a local gas station for a delivery, Bob lost control of his gasoline-delivery truck while driving on highway in Texas during a rare ice storm. The truck slid across the highway into an oil eld, where it collided against an oil derrick operated by Texaco. Bob was uninjured, but the collision caused a large gasoline and oil re. Texaco's best claim against Bob is: sup-99's Trespass Negligence Battery Invasion of Privacy Arson Negligence per se involves . 9-9 9"?\" 6. The per se violation of a duty to the plaintiff. The violation of a statute that sets a minimum standard of care for an activity. The violation of a minimum standard of care established by the common law. The violation of a minimum standard of care established by reference to the reasonable person. The violation of any legislative statute. Which of the following are not required elements of the doctrine of res ipsa loquitor? a. b. c. d. e. The defendant had exclusive control of the thing that caused the harm. The harm that resulted would not have occurred without the intentional misconduct of the defendant. The plaintiff had no role in causing the harm. A and B. B and C. 22. 23. Bob, a weak swimmer, ignored warning signs in a recreational swimming area and went into deep water. He soon tired and realized that he could not make it back to shore. Seeing Kelly, he cried out for help. Kelly, however, ignored the pleas. Bob was nally saved by Dorothy, but suffered partial brain damage by being submerged without oxygen for a number of minutes. Bob now sues Kelly for negligence for failing to save him. a. Bob will prevail because society places a duty on people to help each other and Kelly breached this duty, resulting 1n Bob's suffering mjury. b. Bob will lose because as a threshold 1ssue Kelly had no legal duty to rescue him. c. Bob will lose because Bob will not be able to prove that Kelly's act caused his injury. (1. Bob will lose because the amount of his damages are speculative. e Bob will lose because the accident was not foreseeable. Illegally obtained evidence is not permitted to be used at a criminal trial based upon the: Equity Doctrine Exclusionary Rule Fair Play Doctrine Reasonable Doubt Standard Preponderance of the Evidence 9999'!\" 24. 25. 26. 27. Diane, a police ofcer, stops Tim's car for a trafc offense. While talking to Tim, she shines a ashlight into the passenger compartment of Tim's car and sees evidence of drug paraphernalia. Which statement is correct? a. Diane may search the passenger compartment of the car and any place else in the car, including the trunk, without Tim's consent. b. Diane may search the passenger compartment of the car without Tim's consent; however, she may not search the trunk of the car without his consent or without a search warrant. c. Diane may not search the passenger compartment of the car (nor any place else) without Tim's consent or a search warrant. However, she can require Tim to remain parked until the search warrant is brought to her. (1. Under the above circumstances, Diane can write Tim a trafc citation but cannot search the vehicle. e. Diane may search the Tim's car, house, and belongings without his consent. The standard/burden of proof required in a criminal case is: a. clear and convincing b. a preponderance of the evidence c. beyond a reasonable doubt (1. highest degree of honesty e. rough justice The common law governs contracts for: a. services. b. real estate. c. employment. (1. All of the above. What is n_ot required to establish promissory estoppel? a. A promise made by the defendant. b. A promise made by the plaintiff in response to the defendant's promise. c. Reliance on the defendant's promise. d. Enforcing the promise is the only way to avoid injustice. 28. 29. 30. 31. Jennifer has offered to sell her computer for $1750 to Jack. She tells Jack that the computer is only six months old but, in fact, the computer is three years old, and Jennifer wants to unload the lemon. Jack agrees to buy the computer based on Jennifer's representations. This contract is: a void agreement because of the fraud involved. a voidable contract, one that Jack can void. a voidable contract, one that Jennifer can void. a void contract because of the UCC. P-IPP'?' Which of the following types of property would be goods under the Uniform Commercial Code? a. A promissory note. b. A stock. c. A patent. d. A computer. If an offer species no time limit in which to accept: a. the offeree has 30 days to respond. b. the offeree has 10 days to respond. c. the offer is not valid and therefore it does not matter when the offeree responds. d. the offeree has a reasonable period during which to accept. In bailment cases, exculpatory clauses: are very rarely used. are somewhat more likely to be enforced than in other types of cases. ordinarily involve an attempt to limit liability for damage to persons rather than property. None of the above. 9-9 9"!\" 32. 33. 34. 35. 36. To be valid, a noncompete clause must: a. b. c. d. concern a technical industry. be reasonable in time, geographical area, and scope of activity when ancillary to the sale of a business. ensure due process. All of the above. Which of the following promises ordinarily must be in writing to be enforceable? a. b. c. d. Promises made as a part of a prenuptial agreement. The agreement to sell of a car for $1500. The promise by an executor of an estate to pay a debt of the decedent. All of the above. Whether a third party is a third-party beneciary is determined by: a. b. c. d. the type of contract. whether the third party gave consideration. the reasonable expectations of the third party. the intent of the contracting parties. Which of the following events would probably excuse performance of a contract based on commercial impracticability? a. b. c. d. The price of a raw material increases slightly so that the contract will not be as protable. An unforeseeable trade embargo causes prices to triple. The promisor of personal services dies. The subject matter of the contract is destroyed. An express warranty can be created by which of the following: a b. c. d. A description of the goods provided by the merchant A sample or model of the goods provided by the merchant A sales pitch provided by the merchant All of the above 37. An implied warranty of merchantability applies under the following circumstances: a. Unless excluded or modified, the implied warranty of merchantability applies for any and all sales of goods b Unless excluded or modified, the implied warranty of merchantability applies when the seller at the time of contracting knows the purpose of why the buyer is purchasing the goods and knows that the buyer is relying on the seller's skill or judgment C. Unless excluded or modified, the implied warranty of merchantability applies for a sale of goods if the seller is a merchant with respect to goods of that kind. d. Never 38. An implied warranty of fitness for a particular purpose applies under the following circumstances: a. Unless excluded or modified, the implied warranty of fitness for a particular purpose applies for any and all sales of goods b. Unless excluded or modified, the implied warranty of fitness for a particular purpose applies when the seller at the time of contracting knows the purpose of why the buyer is purchasing the goods and knows that the buyer is relying on the seller's skill or judgment C. Unless excluded or modified, the implied warranty of fitness for a particular purpose applies for a sale of goods if the seller is a merchant with respect to goods of that kind. d. Never 39. For a common law contract regarding services, the following performance is required: a. Strict performance b. Perfect tender C. Substantial performance d Insubstantial performance40. 41. 42. 43. 44. 45. In the event there is a material breach of contract for services, the non-breaching party owes a duty to: a. Provide the breaching party an opportunity to enter into a new contract b. Give the breaching party another opportunity to perform the services c. Mitigate / reduce their damages d. Find another party to perform under an assignment For a UCC contract regarding sale of good, in the event of a breach, the breaching party: a. Must delegate his duties b. Must assign his duties c. May have an opportunity to cure the defect in performance (1. Must mitigate his damages Under a UCC contract regarding the sale of goods, the following performance is required: a Strict performance / Perfect tender b. Reasonable performance c. Substantial performance d. Insubstantial performance The UCC and common law require the following: a. Good faith in the performance and enforcement of every contract b. Intentional performance c. Delegation of responsibilities (1. Best efforts The UCC requirement for a contract to be in writing is met so long as the writing is: a. Typed and not hand written b. Put in writing at least a week before performance is due c. Sufcient to indicate a contract (1. Notarized The buyer generally has the right to inspect the goods before paying or accepting? a. True b. False 45. 46. 47. 48. 49. 50. The buyer generally has the right to inspect the goods before paying or accepting? a. True b. False The breaching / non-performing party will be liable for consequential damages at all times regardless of whether he knows the amount of the amount of potential damages at the time of the contract and/or the amount of consequential damages are foreseeable? a. True b. False Specic performance is available as a remedy for a breach of contract when the contract goods are rare or unique: a. True b. False To create an agency relationship, there must be a principal and an agent, and mutual consent that the agent will act on behalf of the principal and be subject to the principal's control, thereby creating a duciary relationship a. True b. False An agent has a duciary duty to act on his own behalf in all matters regardless of the principal's interest. a. True b. False Even in a pandemic, Law 5 was a thoroughly enjoyable class and I learned at least one thing about the law: a. True b. False