LEG 110 WEEK 5 MIDTERM
LEG 110 Week 5 Midterm
This exam consist of 40 multiple choice questions and covers the material
in Chapters 1 through 6.
1.
Many observers
disagreed with the verdict in the famous first Rodney King case, believing that
the verdict was not based on the evidence. In other words, many observers
believe that race, money, and personal prejudices were the basis for the
verdict, not the evidence, and that the law did not reflect what happened in
the courtroom. To what jurisprudential school of thought would these observers
belong?
2.
In Washington
v. Glucksberg the Supreme Court addressed whether or not a state’s
assisted suicide ban was constitutional. In deciding the case, the court noted
that in the more than 200 years of the country’s existence courts never
recognized the existence of a constitutional right to kill oneself, and that
fundamental rights must be deeply rooted in the nation’s history and tradition.
Which of the following jurisprudential schools of thought is reflected in the
Court’s assertion?
3.
What percentage
of all lawsuits filed actually are decided at trial?
4.
In the 1960s
during the Civil Rights movement, people would frequently protest laws that
permitted segregation based upon race by peacefully refusing to obey them. For
example, Rosa Parks, an African American woman, was arrested for refusing to
move to the back of a Montgomery bus. Many such protesters justified their
disobedience based upon the belief that the segregation laws were immoral and
unfair. They believed that arbitrary classifications based upon immutable traits,
such as race, should not be respected as law because the government has a moral
duty to treat all persons equally and fairly whatever their race. Which
jurisprudential school of thought is reflected in such beliefs?
5. Federal securities law prohibits corporate insiders from buying or selling
stock based upon nonpublic, material information, that is, information to which
they are privy based upon their relationship with their employer that affects
the valuation of the stock. Jack criticizes these laws, arguing that Insider
Trading prohibitions artificially undervalue certain stocks, that having the
information in the market place would allow the price of the stock to adjust
more quickly to reflect its true value, and that the securities laws perpetuate
market inefficiency. To which jurisprudential school of thought would Jack belong?
6.
When an
appellate court remands a case, it
7. John was tired of having his lunch stolen from his locker at his place of
employment. To get even with the thief, John armed the locker with explosives
that would be triggered by the movement of the lunch bag. When triggered, the
explosion seriously inured Tom, who had been taking the lunches for his own
consumption. Which of the following statements is true?
8.
Traditionally,
persons have not been required to intervene to come to the aid of another
unless one of the following exists except:
9. A Good Samaritan law
10.
The Florida
District Court of Appeal give all of the following as reasons for its
conclusion that the common law crime of misprision of a felony should not be
judicially made part of Florida substantive criminal law except:
11.
Martin Luther
King’s Birmingham Jail letter articulated which philosophical school of
thought?
12.
Which of the
following would justify capital punishment, if it could be established in
retrospect, that it had served as a deterrent to murder, and thus saved lives?
13. Ethicists study
14.
The U.S. Supreme
Court ruled in Gonzales v. Raitch that Congress was permitted
by this provision of the U.S. Constitution to prohibit states from statutorily
authorizing the cultivation and use of marijuana for medicinal purposes:
15.
The federal
government derives its legislative power from
16.
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
17.
When the court
decides that the place in which a contract is to be performed has more connection
with the transaction than does the place in which the contract was made, the
court would apply
18.
When a case for
which there is no precedent comes before it, a court can do all of the
following except:
19. 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?
20.
On May 20, Arnie
Walters’s car crashed into a train owned and operated by the Regional Transit
Authority at its crossing in Smithville. As a matter of law, the
court found that the “Smithville crossing is extremely hazardous and
unreasonably dangerous.” On December 1 of the same year, Ole and
Anna Hanson ran into an RTA train at the same crossing. Does the
doctrine of stare decisis require that the court in Hanson
accept the conclusion announced in the Walters case?
21. Tom Jones and Leonard Woodrock were deep-shaft coal miners in West
Virginia, although Leonard lived across the border in Kentucky. Tom purchased a
new Corsair, a National Motors car, from Pappy’s Auto sales, a local firm in
West Virginia. National Motors Corporation is a large auto manufacturer with
its main factory in South Bend, Indiana, and incorporated in Kentucky. When Tom
was driving Leonard home from the mine, the Corsair’s steering wheel
inexplicably locked. The car hurtled down a 100-foot embankment and came to
rest against a tree, just a mile from the mine, in West Virginia. The Corsair,
which cost $2,100, was a total loss. Tom and Leonard suffered damages of
$800,000 apiece for personal injuries. They wish to file suit under state tort
law.
22. 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?
23.
Which of the following
statements about the U.S. Supreme Court is false?
24.
Which of the
following is a true statement?
25.
The parties to a
civil action can waive
26. 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?
27. At a civil trial, the plaintiff has been largely unsuccessful in proving
medical malpractice against the defendant doctor. In the rebuttal stage of the
trial, the plaintiff produces a surprise witness, who was previously
unavailable and who testifies dramatically that the doctor was in fact
negligent. Unfortunately for the plaintiff, the judge correctly rules that the
witness’s testimony is inadmissible and instructs the jury to disregard it.
Notwithstanding the judge’s admonition, the jury finds in favor of the
plaintiff, on the basis of no evidence that was legally admitted into the
record. The trial judge should grant a JNOV for the
28.
How could A’s
attorney get the conversation between B and C, as well as the account books,
into evidence?
29. In Fracasse v. Brent, an attorney filed a complaint against a
former client who discharged the attorney without cause in order to recover a
one-third interest in any damages recovered in the personal injury action
brought by the former client as provided for in their contingency fee contract.
It is settled law that clients may discharge their attorneys with or without
cause and that the contingency fee is not due unless the contingency has
occurred, which it had not in this case. In this case, the attorney would only
be entitled to the reasonable value of his services up to discharge. What should the client
do?
30.
In what document
should the gun manufacturer respond to Bob’s allegations by admitting some of
Bob’s factual claims, denying others, and possibly establishing a defense of
contributory negligence, that is, alleging that Bob was the primary cause of
his injuries for negligently transporting a weapon?
31. The plaintiff attempted to have the defendant, Gregg, who was a university
student, served with process at his fraternity house. When Gregg could not be
located, the trial court authorized service on any member of the fraternity. No
attempt was made to locate the defendant at his dwelling. The defendant failed
to appear in court and judgment was entered for the plaintiff. Which of the following
statements is true?
32. Bob wins a jury verdict for 5 million dollars. The judge believes the
verdict of 5 million dollars ($700,000 compensatory and $4.3 million punitive)
is against the weight of the evidence and clearly excessive. What should he do?
33.
All of the
following would be considered privileged and would not be admissible under the
rules of evidence except:
34.
The requirement
that a litigant bringing a court action must have a legally sufficient personal
interest in the dispute in order to bring the complaint is known as
35.
Federal Sign
brought suit against a state university to recover profits and expenses it
claimed it was owed because the state breached its contract to construct
basketball scoreboards. What will be the key initial issue in determining
whether Federal Sign will prevail in its suit against the state?
36.
The American
Postal Workers Union brought suit to challenge the constitutionality of a U.S.
Postal Service requirement that all applicants for employment must submit to
drug tests. No union members were required to submit to a drug test as a
condition of continued employment, nor were any applicants, by definition,
members of the union, since none had been hired yet. The Postal Service should
move to dismiss the case on what grounds?
37.
On February 1,
2000, John Smith bought a car for $10,000. He paid $1,000 down and signed a
promissory note for $9,000, due in three years. Assume that the note was never
paid and that the applicable statute of limitation is five years. The plaintiff
could wait until what date to bring a civil suit for nonpayment of the note?
38.
Once the statute
of limitations has run
39.
If a court has
concluded that a lawsuit has been brought prematurely, it will dismiss the
action because of this problem
40.
The plaintiff
brought a small claims action against the defendant for failing to maintain his
premises in a safe condition and won a money judgment in the amount of $163.95.
Five months later, the plaintiff brought a second lawsuit against the same
defendant in district court alleging the same set of circumstances, but seeking
more money. The defendant should make a motion to dismiss on what grounds?
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