QUESTION 1

Assume a state supreme court held in 2005 that a minor could cancel a contract for the purchase of an laptop computer. A similar case related to an I-Pad(R) is now before a trial court in the same state. Under the doctrine of stare decisis, the court would be expected to

a. ignore the prior ruling because it is more than five years old.

b. allow the minor to cancel the contract.

c. ignore the prior ruling because it is unrelated to the current case.

d. prevent the minor from canceling the contract if an I-Pad(R) is necessary for school

QUESTION 2

The history of common law can be traced to:

a. a group of legal principles enacted by continental European nations.

b. a body of general rules that was applied in the courts throughout England.

c. the new laws established in the American colonies in the 17th century.

d. Roman civil law.

QUESTION 3

States are allowed to regulate private activities such as land use to protect or promote the public order, health, safety, and general welfare under their

a. Second Amendment rights.

b. police powers.

c. taxing powers.

d. judicial powers.

QUESTION 4

The first ten Amendments to the US Constitution, known as the Bill of Rights, contain a series of protections for individuals against various types of actions by

a. the federal government.

b. federal, state, and local governments.

c. state and local governments.

d. private individuals.

QUESTION 5

Substantive due process focuses on

a. procedures used to make decisions to take life, liberty, or property.

b. proper application of the content of a law.

c. methods used for enacting or repealing a law.

d. all of the above.

QUESTION 6

Procedural due process focuses on

a. procedures used to make decisions to take life, liberty, or property.

b. proper application of the content of a law.

c. methods used for enacting or repealing a law.

d. all of the above.

QUESTION 7

The US Constitution authorizes Congress to do all EXCEPT which of the following?

a. Borrow money.

b. Establish standards for professional licenses.

c. Establish a uniform rule for naturalization.

d. Regulate interstate commerce.

QUESTION 8

Etta commits the intentional tort of assault if she creates in Sam an apprehension or fear of

a. future harm.

b. past harm.

c. past, immediate, or future harm.

d. immediate harm.

QUESTION 9

Dante falsely accuses Sandy of fraudulently filing a company expense report and misusing company funds. Dante has committeed slander only if

a. Sandy suffers emotional distress.

b. the statement is published in the media.

c. Sandy hears it.

d. a third party hears it.

QUESTION 10

Carlos, the manager of The Gr8 Outdoor Store, detains Terry, whom Carlos suspects of shoplifting. Terry sues Carlos, alleging that the detention was false imprisonment. Carlos is liable if Terry

a. had probable cause to leave the premises.

b. was detained for an unreasonably long period of time.

c. had not shoplifted in the past.

d. did not actually shoplift.

QUESTION 11

Civil law is concerned with disputes between persons and

a. other persons and between persons and their government.

b. society at large only.

c. other persons only.

d. other persons and between persons and foreign nations.

QUESTION 12

Splendid Pasteries acts unethically to attract customers away from Sweet Treats, its main competitor, in the hope of driving Sweet Treats out of business. Splendid might be liable for the tort of

a. wrongful interference with a contractual relationship.

b. fraudulent misrepresentation.

c. wrongful interference with a business relationship.

d. conversion.

QUESTION 13

SuiJin leaves her necklace with In-town Jewelers to have the clasp replaced. After the necklace is repaired, In-town Jewelers would be liable for trespass to personal property if it keeps the necklace

a. for more than 48 hours or two business days, whichever comes first.

b. while trying to notify SuiJin the repair had been completed.

c. because SuiJin refuses to pay for the repair.

d. without SuiJin's permission.

QUESTION 14

Richstein owns a 20,000 acre ranch. Barlow drives off the public roadway and across Richstein's property using Richstein's private road. Barlow commits trespass against real property only if he

a. did not have Richstein's permission to enter the property.

b. drove onto the property for recreational purposes.

c. harmed the property in a material way.

d. harmed the property in any way.

QUESTION 15

Karston is a used-car salesperson. Karston commits fraud if, in order to make a sale, he

a. states that the car had been owned by a senior citizen when he knows the statement is false.

b. states an opinion about the quality of the sound system even though he is nearly deaf.

c. uses puffery, or seller's talk, to make the car sound like a good deal.

d. offers a discounted price to a senior citizen.

2.

1.) How and why do secured interests in personal property facilitate commerce between business enterprises and between businesses and consumers?

2.) What are some of the dangers for lenders and for borrowers associated with mortgages as have been experienced in the first decade of the 21^st century?

3.) What are the benefits and the detriments to the business which has extended credit to a consumer which debt is not fully paid, when the consumer files for relief under the Bankruptcy Code?

3.Stacey has worked for lawyer Larry for the last five years in his home office. Stacey does everything for Larry - receptionist, bookkeeper, secretary, paralegal, coffee girl, sometimes even taking his laundry to the cleaners. Stacey is smart and very good with people, and indispensible to Larry's business. He sometimes took her to networking functions where she mixed and mingled with potential clients and talked up her boss. Since the economic downturn, some of Larry's clients have gone out of business and Larry's law practice has also suffered. Larry has told Stacey that if business does not pick up, he would have to reduce her work hours. Stacey had taken some online courses in accounting and in her spare time, she has been studying the books to see how she can make the numbers look better. She inflated some billings and expensed some of Larry's personal bills through the firm accounts.

Larry and Stacey began attending more functions to meet new potential clients. Stacey finds herself drinking and hobnobbing harder than ever before, sometimes staying on at the events even after Larry has left. One raw rainy evening just before Christmas, after several drinks, Stacey found herself one of the last to leave a party at the golf club. As she was getting her coat, she found herself in the empty cloak room where Brian, one of the potential clients she was talking to during the evening told her that she looked ravishing and offered to help her with her coat. What transpired afterwards would be described as inappropriate touching and some kissing. Stacey broke loose and ran to her car. Fumbling for her keys, she did not realize that she had dropped her smartphone in the parking lot. Understandably upset, she drove away hastily and, coming around a turn too fast down the dark country road, she crashed into a guardrail and passed out. A few minutes later, Meaghan and her one year old son, Sam were driving to pick up her husband (yes, that same two-timing Brian) from the Christmas party. Coming around the same turn, Meaghan did not see Stacey's stalled car and slammed into it. Sam was not properly secured to his car seat and was seriously injured. In all the turmoil over the past few weeks, Stacey had forgotten to renew her car insurance.

Meanwhile, Stacey's smartphone was picked up by Brian. Feeling rebuffed by Stacey, he also posted some personal, confidential and proprietary information of Larry's clients from the smartphone on his website.

Larry and Stacey have come to you to ask what might be their various liabilities under applicable tort law and legislation.