LEG 110 QUIZ 2
LEG 110 Quiz 2
This quiz consist of 20 multiple choice questions. The first 10
questions cover the material in Chapter 3. The second 10 questions
cover the material in Chapter 4.
1.
A decision by a
court of final appeal on an issue of state law is generally binding on
2. In Gilmer v. Interstate Johnson Lane Corp., the U.S.
Supreme Court held that federal age discrimination claims could be submitted to
arbitration pursuant to arbitration agreements. Elizabeth Garfield brought suit
against her former employer, Thomas McKinnon Securities, Inc., claiming that
McKinnon had discharged her on account of her age in violation of the Age
Discrimination in Employment Act. McKinnon moved to dismiss the complaint and
compel her arbitration because Garfield had agreed to arbitrate any controversy
arising out of her employment. Garfield responded that she and all registered
brokers are required to execute arbitration agreements as a condition of
employment. She maintained that Congress did not intend to permit persons to
waive their statutory right to sue ADEA violations in federal court via the
execution of an arbitration agreement. With respect to Ms. Garfield’s
case, Gilmer would be considered
3.
The federal
government derives its legislative power from
4.
The problem
with ex post facto laws is that they do all of the following
except:
5. A Kentucky court was confronted with the issue of whether a court has the
power to permit a kidney to be removed from an incompetent ward of the state,
on petition from his mother, for the purpose of being transplanted into his
brother, who is dying from kidney disease. There is no statute or prior common
law decision to guide the court. What can the court do?
6. A final judgment or decree rendered on the merits, without fraud or
collusion, by a court of competent jurisdiction, is conclusive of rights,
questions, and facts in issue as to the parties and their privies and is a
complete bar to any subsequent action on the same cause of action between the
parties, or those in privity with them. This statement explains
7.
All of the
following are true statements except:
8.
The civil
equivalent to the criminal constitutional provision known as double jeopardy,
whereby one cannot be tried twice for the same alleged wrong, is known as
9.
A, an agent for
Swish Toilet Bowl, Inc., a Delaware corporation that has its main office in San
Francisco, California, agrees to fly with B, a potential customer from Reno,
Nevada, to Philadelphia, Pennsylvania, where B maintains her place of business,
a distributing corporation incorporated under the laws of New Jersey. While in
flight, A and B come to an agreement and sign a contract while flying over
Indiana. Performance of the contract will be carried out in Kentucky, where B
has a warehouse and Swish has a factory. Swish refuses to carry out its part of
the bargain, alleging that no contract exists because A was not acting within
the scope of his authority as Swish’s agent. B brings suit for damages in
Kentucky. What law will the Kentucky court apply if it uses the lex
loci contractus approach?
10.
Historically
innkeepers owed a duty to protect their guests and their property and to admit
all persons who sought refuge, providing the inn was not at full capacity and
the prospective guests were not drunk, disorderly, or filthy. Judges
determined that the dangerous travel conditions at that time mandated the
recognition of this public calling of innkeepers that transcended their
individual rights as business proprietors. This type of legal obligation
or law created by judges is known as
11.
The primary function
of appellate courts with respect to jurisdiction is to exercise all of the
following except:
12. Ruby is injured in a car accident, which was Bubba’s fault. She sued him
for $150,000 alleging negligence, which involves a question of state law. Ruby
is a citizen of North Carolina, while Bubba is a resident of Tennessee. The
accident occurred while both were on vacation in Virginia. Which court could not
have jurisdiction?
13. Mr. And Mrs. Woodson instituted product liability actions in an Oklahoma
state court to recover for personal injuries sustained in Oklahoma in an
accident involving a car that they bought in New York while they were New York
residents. The Woodsons were driving the car through Oklahoma at the time of
the accident. The defendants were the car retailer and its wholesaler, both New
York corporations, who did no business in Oklahoma. The defendants entered a
special appearance, claiming that the Oklahoma state court did not have
personal jurisdiction. What would be the principle issue in this case?
14.
Except in
matters governed by the federal Constitution or by acts of Congress, the law to
be applied in any case is the law of the state. And whether the law of the state
shall be declared by its legislature in a statute or by its highest court in a
decision is not a matter of federal concern. This rule to be applied by the
federal court system is found in
15.
Which of the
following is a true statement about the U.S. Court of Appeals?
16.
Assume that
Sludge has generated several thousand email messages to Colorado as well as 500
contacts, and 10 percent of its sales are from Colorado sources. Which of the
following would permit a Colorado court to exercise jurisdiction over the
dispute?
17. Bensusan Restaurant Corporation owns and operates a popular, large New York
City jazz club called the Blue Note. Richard King owns and operates a small
cabaret in Columbia, Missouri, also called the Blue Note. King’s establishment
features live music and attracts its customers from central Missouri. In 1996
King decided to establish a website for the purpose of advertising his cabaret.
King included a disclaimer on his website in which he gave Bensusan’s club a
plug, but made it clear that the two businesses were unrelated. Bensusan
brought suit in the federal court alleging that King had infringed on his
trademark, which is protected under federal statutory law. Which of the following
statements is true?
18.
Which of the
following is a true statement?
19.
Miller sold a
gas cook stove to Nelson at Miller’s place of business in Wisconsin. Miller
sent one of his employees to deliver the stove to Nelson’s home in Illinois. At
the request of the employee, Nelson assisted in unloading the stove from the
truck. In the course of this operation, the employee negligently pushed the
stove so that it severed one finger on Nelson’s right hand and injured another.
Nelson sued Miller for $500,000 in damages. Which of the following courts could
not exercise jurisdiction?
20. Judy sues Ralph concerning violations of federal copyright laws in federal
court for the northern district of Illinois. Ralph’s witnesses are all in
southern Illinois, so he would like the case moved. What should he do?
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