Multiple Choice
1. If a state law conflicts with a federal law, which provision will likely be at issue?
a. Article I
b. The Supremacy Clause
c. 14th Amendment’s Due Process Clause
d. 5th Amendment’s Due Process Clause
2. Concerning Congress’ ability to create Gun-Free school zones, the Supreme Court has ruled that Congress:
a. Can create such zones pursuant to their responsibility to provide for the “general welfare.”
b. Can create such zones pursuant to their police powers.
c. Cannot create such zones because the zones violate the right to bear arms.
d. Cannot create such zones because the zones do not regulate interstate commerce, or require a connection to interstate commerce.
3. If a state sold personal information of its citizens to private companies, the Congress could prohibit such sales by a state pursuant to its authority under:
a. The Commerce Clause.
b. The Contracts Clause.
c. The 10th Amendment.
d. Congress could not prohibit such sales because the states are sovereign.
4 The level of review for equal protection issues involving subsidies to sugar beet farmers but not to sugar cane growers would be:
a. rational basis
b. strict scrutiny
c. intermediate scrutiny
d. none of the above
5. What constitutional provision was important in the Court’s decision in the Dustin Hoffman case?
a. The Commerce Clause
b. The Free Speech Clause
c. The Right of Publicity
d. None of the above.
6. A foreign corporation operating in a state must provide the state with the name of a registered agent to:
a. Conduct the business of the corporation.
b. Inform shareholders of shareholder meetings.
c. Receive all consumer complaints.
d. Receive service of process.
7. After a jury finds in favor of the plaintiff, if the Court were to enter judgment in favor of the defendant, this would be called:
a. reversal
b. judgment notwithstanding the verdict (j.n.o.v.)
c. remand
d. none of the above
8. Merchants can detain a suspected shoplifter under certain circumstances pursuant to:
a. The common law rule of shoplifters
b. The U.S. Constitution
c. State Merchant Protection Statutes
d. Federal Merchant Protection Statutes
9. Which is not an element of negligence?
a. The plaintiff suffered an injury.
b. The defendant owed a duty of care to the plaintiff.
c. The defendant intended to injure the plaintiff.
d. The defendant’s negligent act caused the plaintiff’s injury.
10. To hold the defendant liable for negligence the plaintiff must prove:
a. actual causation.
b. proximate causation.
c. both a. and b.
d. neither a. or b.
11. Referencing negligence, foreseeability relates to:
a. intent
b. actual cause
c. proximate cause
d. duty
12. Which is not an element of negligent infliction of emotional distress?
a. A reasonable person would have suffered severe emotional distress under the circumstances.
b. Plaintiff is a close family member of the person they see injured of killed.
c. The plaintiff was at the scene were the person was injured or killed.
d. The plaintiff suffered severe emotional distress.
13. If a baseball player is injured by a line drive while playing a game, the defendants to a suite alleging negligence would likely argue:
a. The plaintiff should have caught the ball.
b. They did not intend to injure the plaintiff.
c. The ball did not cause the plaintiff’s injuries.
d. The plaintiff assumed the risk of injury.
14. Strict liability for injuries resulting from a tiger attack at a zoo will be imposed if:
a. The Court finds that the defendant did not exercise reasonable care.
b. The Court finds that the keeping of a tiger was abnormally dangerous.
c. The Court finds that the defendants intended to act recklessly.
d. None of the above.
15. The Lanham Act prohibits:
a. false advertising
b. monopolistic activities
c. securities violations
d. tax fraud
16. If a college student places a post on a coed’s my-space webpage which could cause people to believe that the coed has low moral standards, which of the following legal theories makes the most sense for her law suit?
a. negligence
b. intentional infliction of emotional distress
c. negligent infliction of emotional distress
d. false light invasion of privacy
17. Which legal theory deals with a person’s right to control and profit from the commercial use of his or her name and personality during his or her lifetime.
a. copyright
b. trademark
c. false light invasion of privacy
d. misappropriation of the right to publicity
18. Which generic words were once trademarks.
a. Escalator
b. Dry Ice
c. Kerosene
d. All of the above
19. If an offer is made and accepted, what else is required to form a binding contract?
a. consideration
b. a written document
c. notarized signatures
d. none of the above
20. To determine whether of not an agreement has actually been reached to form a contract, the determination must be made from the perspective of the:
a. offeror
b. offeree
c. a reasonable person
d. none of the above
21. The theoretical basis for quasi-contracts or implied in law contracts is:
a. unjust enrichment
b. broken promises
c. lack of consideration
d. none of the above
22. An advertisement is generally considered to be an:
a. offer
b. acceptance
c. invitation to make an offer
d. none of the above
23. Under the common law, acceptance of an offer that adds additional terms is legally considered to be:
a. a counteroffer
b. an acceptance
c. void
d. none of the above
24. In the U.S., an offer placed in the mail is deemed to have been accepted (unless otherwise stated in the offer):
a. When the acceptance is received.
b. When the acceptance is placed in the mail.
c. When the offeror acknowledges receipt of the acceptance.
d. None of the above.
25. The Supreme Court of Tennessee held that Elvis’ estate was not bound to pay Elvis’ fiancé’s mother’s mortgage, because there was no:
a. offer
b. acceptance
c. consideration
d. intent to commit
Unfortunately if you were trying "cut and paste" it does not work here. You will have to type everything out.
Sra
Tell me the answers
1. If a state law conflicts with a federal law, the provision that will likely be at issue is the Supremacy Clause. To get the answer, you should refer to the U.S. Constitution and specifically look at the Supremacy Clause, which is found in Article VI, Clause 2. It states that the Constitution, federal laws, and treaties shall be the supreme law of the land, and any state laws that conflict with them are invalid.
2. Concerning Congress' ability to create Gun-Free school zones, the Supreme Court has ruled that Congress can create such zones pursuant to their authority under the Commerce Clause. To get the answer, you should research Supreme Court cases that have addressed this issue, such as United States v. Lopez and United States v. Morrison.
3. If a state sold personal information of its citizens to private companies, Congress could prohibit such sales by a state pursuant to its authority under the Commerce Clause. To get the answer, you should refer to the U.S. Constitution and specifically look at the Commerce Clause, which is found in Article I, Section 8, Clause 3. It gives Congress the power to regulate commerce with foreign nations, among the states, and with Indian tribes.
4. The level of review for equal protection issues involving subsidies to sugar beet farmers but not to sugar cane growers would be rational basis. To get the answer, you should analyze the issue using the framework of equal protection law and determine if there is a rational basis for the distinction made by the government.
5. The constitutional provision that was important in the Court's decision in the Dustin Hoffman case was None of the above. To get the answer, you should research the specific case and analyze the reasoning used by the Court in making its decision.
6. A foreign corporation operating in a state must provide the state with the name of a registered agent to receive service of process. To get the answer, you should refer to the state's laws regarding foreign corporations and look for the requirement of a registered agent.
7. After a jury finds in favor of the plaintiff, if the Court were to enter judgment in favor of the defendant, this would be called judgment notwithstanding the verdict (j.n.o.v.). To get the answer, you should research the specific legal terminology and procedures for post-trial motions.
8. Merchants can detain a suspected shoplifter under certain circumstances pursuant to State Merchant Protection Statutes. To get the answer, you should research the specific state's laws regarding merchant protection and the rights of merchants to detain suspected shoplifters.
9. The element of negligence that is not required is that the defendant intended to injure the plaintiff. To get the answer, you should study the elements of negligence as defined in tort law and identify the incorrect element.
10. To hold the defendant liable for negligence, the plaintiff must prove both actual causation and proximate causation. To get the answer, you should research the elements of negligence and the requirements for establishing causation.
11. Referencing negligence, foreseeability relates to proximate cause. To get the answer, you should study the concept of proximate cause in negligence law and its relationship to foreseeability.
12. The element of negligent infliction of emotional distress that is not required is that the plaintiff was at the scene where the person was injured or killed. To get the answer, you should research the elements of negligent infliction of emotional distress and identify the incorrect element.
13. If a baseball player is injured by a line drive while playing a game, the defendants to a suit alleging negligence would likely argue that the plaintiff assumed the risk of injury. To get the answer, you should research the doctrine of assumption of risk in negligence law and its applicability to the specific circumstances of the case.
14. Strict liability for injuries resulting from a tiger attack at a zoo will be imposed if the Court finds that the keeping of a tiger was abnormally dangerous. To get the answer, you should research the doctrine of strict liability and the factors that determine whether an activity is abnormally dangerous.
15. The Lanham Act prohibits false advertising. To get the answer, you should research the Lanham Act, which is a federal law governing trademarks and unfair competition, and specifically look for the provisions related to false advertising.
16. If a college student places a post on a coed's MySpace webpage which could cause people to believe that the coed has low moral standards, the legal theory that makes the most sense for her lawsuit is false light invasion of privacy. To get the answer, you should research the different legal theories related to invasion of privacy and determine which one is most applicable to the specific circumstances of the case.
17. The legal theory that deals with a person's right to control and profit from the commercial use of his or her name and personality during his or her lifetime is misappropriation of the right to publicity. To get the answer, you should research the different legal theories related to the right of publicity and identify the one that best fits the description.
18. The generic words that were once trademarks are all of the above: Escalator, Dry Ice, and Kerosene. To get the answer, you should research the history of trademark law and identify the generic words that were once protected as trademarks.
19. If an offer is made and accepted, what else is required to form a binding contract is consideration. To get the answer, you should research the requirements for a valid contract and determine which elements must be present.
20. To determine whether or not an agreement has actually been reached to form a contract, the determination must be made from the perspective of a reasonable person. To get the answer, you should research the objective theory of contracts and the standard used by courts to determine intent.
21. The theoretical basis for quasi-contracts or implied in law contracts is unjust enrichment. To get the answer, you should research the concept of quasi-contracts and identify the underlying principle that justifies their enforcement.
22. An advertisement is generally considered to be an invitation to make an offer. To get the answer, you should research the legal distinction between an offer and an invitation to make an offer and how it applies to advertisements.
23. Under the common law, acceptance of an offer that adds additional terms is legally considered to be a counteroffer. To get the answer, you should research the common law rules regarding acceptance of an offer and the effect of additional terms.
24. In the U.S., an offer placed in the mail is deemed to have been accepted when the acceptance is placed in the mail. To get the answer, you should research the mailbox rule, which is a common law rule that governs the timing of acceptance sent through mail or other similar means of communication.
25. The Supreme Court of Tennessee held that Elvis' estate was not bound to pay Elvis' fiance's mother's mortgage because there was no consideration. To get the answer, you should research the specific case and analyze the court's reasoning for its decision.