the class is business law

1. A court is obligated to follow the decisions of higher courts, provided the case is factually on point, pursuant to the doctrine of: a. stare decisis; b. res ipsa loquitur; C. caveat emptor: d. none of the above. 2. Decisions of the United States Supreme Court are examples of this type of law: a. constitutional; b. statutory; c. common; d. administrative 3. Interrogatories, Depositions, Requests for Production of Documents are all forms of a. discovery; b. pleadings: c. alternative dispute resolution(ADR); d. jury instructions 4. A party asks the court to make a ruling by making a a, motion; b. subpoena; c. petition; d. summons. 5. The testimony of a witness or party is taken during this proceeding: a. hearing; b. investiture; c. interrogatory; d. deposition. 6. When Plaintiff's attorney proves that his/her client is entitled to recovery if no defense is offered, the attorney has established what? a. a prima facie case b. a default; c. grounds for appeal d. conditional liability. 7. The jury's decision, announced in court after deliberation, is known as the: a. judgment; b. verdict; c. sentence; d. jury's decision 8. When the victim of a defamatory statement is a public figure: a. the elements of the tort of defamation are exactly the same; b. the public figure has no right to sue for defamation; c. the public figure can only sue business or political enemies or defamation; d. the public figure is also required to prove actual malice, that is, the Defendant made the defamatory statement knowing the statement was false. 9. The United States Supreme Court has ruled that the death penalty is unconstitutional T F 10. Almazadi sues for a defamatory statement made on the internet. This form of defamation is known as: a. libel; b, slander; c. cyber-defamation; d. none of the above 11. When a person is on the property of another, the highest duty of care is owed to a(n): a. business invitee; b. licensee; c. trespasser d. all persons are entitled to the same duty of care. 12. A business is under the following duty to its invitees: a. it must guarantee the safety of its patrons; b. it must make the premises reasonably safe for the visit of its invitees; c. it is only obligated to warn them of latent as opposed to patent dangers; d. all of the above. 13. Hampton is the owner of a commercial building in Vancouver, which has an ordinance requiring non skid material on steps leading into such buildings. A visitor, Azevedo is injured when he falls on the step on a wet day. If the step did not have the non skid material required by the ordinance, the Negligence per se doctrine will apply. T F 14. A court will follow the strict liability standard for an injury if: a. the injury was a foreseeable consequence of the Defendant's actions; b. the Plaintiff was intoxicated; c. the Defendant was a merchant; d. the Defendant was involved in abnormally dangerous activity. 15. In a negligence case, the most common damages are damages. a. compensatory; b. punitive; c. nominal; d. none of the above. 16. The tort known as Intentional Infliction of Emotional Distress has been renamed the tort of by the Washington courts. a. infliction; b. distress; c. outrage; d. none of the above. 17. An unlawful or offensive touching is the tort of a. assault; b. battery; c. malpractice; d. negligence 18. In a malpractice case, it is an essential element to prove intent to do harm. T F 19. Regarding search and seizure in Washington, which statement is most accurate! a. there are situations where the right to be free from an unreasonable search and seizure is greater under Washington law than under federal law; b. there is no state law concerning search and seizure; c. there are no situations where the right to be free from an unreasonable search and seizure is greater under Washington law than under federal law; d. none of the above statements are true. 20. is the Latin term referring to the requisite criminal act. a..actus reus; b.mens rea; c.caveat emptor d.res ipsa loquitor 21. The police show up at the door of Fischer's home without a warrant and wish to search his home. A search without a warrant is: a. per se unreasonable; b. permitted under federal law, but not in Washington; c. only done incident to an arrest; d. all of the above. 22. This constitutional amendment guarantees the right to counsel. a. first; b. second; c. fifth; d. sixth 23. The doctrine which states that evidence seized in violation of Defendant's rights under the 4, 5 or 6th amendments must be suppressed at trial is known as the: a. suppression rule; b. exclusionary rule; c. ex post facto rule; d. acquittal rule. 24. Under the Fourth Amendment of the U.S. Constitution, a person has the most rights to be free of n unreasonable search: a, in their homes; b, on their persons; c. in their cars; d. none of the above-they have the same rights everywhere. 25. In a landmark ruling in 1966, the U.S. Supreme Court held that during a custodial interrogation, the police must advise a suspect of his rights and that if they failed to do so, all statements made by the defendant must be suppressed. This case was: a. Miranda v Arizona: b. Palsgraf v Long Island Railroad: c. Terry v Ohio; d. People v Finley. 26. As explained by the text, to be enforceable, all contracts must be in writing. T F 27. Where the terms of a contract are explicitly stated, the parties have entered into a(n): a implied contract; b. unilateral contract; c. express contract; d. quasi contract 28. A court will afford a party equitable relief under a quasi-contract theory in order to prevent in favor of one party at the expense of another a, damages; b. a formal contract; c. rescission; d. unjust enrichment