QUESTION 18

A judge in city court is deciding a legal issue.Assume the United Sates Supreme Court recently ruled on the same issue. The local judge does not agree with the decision of the Supreme Court. Based on the rule of stare decisis, what should the judge do?

1. Decide the case based on his/her own conscience.
2. Submit the issue to a jury and let it decide.
3. Follow the decision of the US Supreme Court.
4. Flip a coin.

QUESTION 19

LaToya was eating a glazed donut from a donut shop.When she bit into it she discovered a piece of glass which injured the roof of her mouth.She told many people about the incident.Does this constitute disparagement of product?

1. Yes because LaToya is making derogatory statements about the donuts.
2. Yes because she suffered an injury.
3. No, because LaToya is telling the truth.
4. No, because the injury was unintentional.

QUESTION 20

Phong, age 45, injured his knee as a football player in highs chool.As a result, the knee sometimes becomes weak and causes him to fall.While Phong was walking in a Target sore, the knee weakened, causing him to fall and sustain injuries.True or false: Target will be liable?

1. True
2. False

QUESTION 21

Sasha was charged with burglary and the jury was hung.Which of the following is true?

1. A hung jury is the equivalent of a verdict in favor of plaintiff.
2. A hungjury is the equivalent of a verdict in favor of defendant.
3. A hung jury does not constitute a verdict; the defendant can be retried at the prosecutor's discretion.
4. A hung jury does not constitute a verdict and the defendant cannot be retried.

QUESTION 22

David rented a car from Hertz and caused a dent i it. Hertz sued David.Following the service of the pleadings, David's attorney wanted to obtain statements from a Hertz employee concerning the extent of the damage.The process of obtaining those statements would be which of the following?

1. Deposition.
2. Service of a complaint.
3. Judgement.
4. Deliberations.

QUESTION 23

Which of the following is true about certiorari?

1. The United States Supreme Court (USSC) issues certiorari to all cases seeking to be heard by the high cort.
2. The USSC issues certiorari only to cases involving crimes.
3. Certiorari is given to only about one out of every 100 cases seeking it.
4. None of the above.

QUESTION 24

What is true about freedom of contract?

1. It is a constitutional right.
2. If you have it, you do not need to give consideration to have a binding contract.
3. It is another term for an acceptance.
4. It frees a breaching party from paying damages to the nonbreaching party.

QUESTION 25

Jasmine was served with a summons and complaint in a breach of contract case. To avoid issuance of a default judgment, Jasmine should do which of the following?

1. File a summons and complaint against the plaintiff.
2. Seek a default judgment against the plaintiff.
3. Serve an answer.
4. Conduct an examination before trial (EBT).