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BLAW 240 Midterm

TRUE or FALSE (1 point each)
Please indicate whether each of the statements below is True or False by circling the
correct response below the statement:
1. The concept of federal law taking precedence over state or local law is called the
preemption doctrine.
2. A party to a lawsuit may NOT request a change of venue in order to find a jury that is
not prejudiced.
3. The defendant can be held liable for injuries caused by the superseding event.
4. A plaintiff, by filing a lawsuit with a court, gives the court in personam jurisdiction
over himself or herself.
5. The statute of limitations for all lawsuits in the United States is two years.
6. A deposition is oral testimony given by a party or witness during the trial.
7. Assumption of the risk is a defense a defendant can use against a plaintiff who
knowingly and voluntarily participates in a risky activity that results in injury.

. The perpetrator was driving under the influence of alcohol. TRUE FALSE 12. If a plaintiff is injured. John watches his brother being killed in a road accident. TRUE FALSE 9. moral rights. the nurse cannot be sued as he or she is protected by Good Samaritan statutes. If an invention is obvious. TRUE FALSE . TRUE FALSE 13. TRUE FALSE 14. the damages recoverable depend on the effect of the injury on the plaintiff's life or profession. A participant in an activity covered by strict liability laws will be held liable for any injuries caused by the activity. John can recover damages for negligent infliction of emotional distress for the mental trauma he suffered from watching his brother die. Equity is a doctrine that permits judges to make decisions based on fairness. TRUE FALSE 15. The fair use doctrine for copyrights allows certain limited unauthorized use of copyrighted materials. equality._____________________________________________________________________ 8. TRUE FALSE 11. and natural law. If a defendant is found not guilty in a criminal case. TRUE FALSE 10. even if he or she was not negligent. the government can retry the case with a new jury. If a nurse administers CPR to save the life of a dying man and negligently injures the man's arm in the process. then it does not qualify for a patent.

Only the plaintiff can appeal the court's decision in a civil case. C. A group of plaintiffs collectively bring a lawsuit against a defendant. . the party who files a complaint is called the ________. C. bailiff B. C. Only the defendant can appeal the court's decision in a criminal case. 2. D. In which of the following cases does a class action occur? A. The defendant has multiple grounds for appeal. A. 4. There are no factual disputes to be decided by the jury. B. An appellate court cannot reverse a lower court's decision. D. Plaintiff C. B. 1. What is considered to be the supreme law of the land in the United States? A. judicial decisions issued by the state courts the Constitution of the United States of America the federal statutes passed by the United States Congress executive orders passed by the President In a litigation process. Prosecutor D.PART TWOMULTIPLE CHOICE (worth 3 points each) Please circle the correct answer. Defendant 3. B. Which of the following statements is true about appeals? A. An appeal can be made before the trial court gives its final judgment.

a defendant must file a written answer against a plaintiff’s complaint C. B. A. disparagement D. C. or property without due process of the law. The statute of limitations establishes the period within which ________. a motion for judgment on the pleadings can be made by either party 6. assault C. 7. liberty. No state can regulate foreign trade directly or indirectly without due process of the law. 5. A. libel . The plaintiff does not reply to the defender’s cross-complaint. Which of the following provisions is made by the Due Process clauses? A. The threat of immediate harm or offensive contact is termed as ________. a plaintiff must bring a lawsuit against a defendant B. Violation of freedom of speech makes the violator liable for immediate prosecution with due process of the law. battery B. No person shall be deprived of life. D. Motions for amendments to the constitution cannot be made without a majority in the parliament. a defendant can file a cross-complaint against the plaintiff D.D.

Harvey and Raymond did not get along well at the reunion. Harvey punched him in the face which broke his jaw. Which of the following can Stella use to recover damages from Michael? A. ________ refers to a defect that occurs when a manufacturer does not place information about the dangers of using a product on its packaging. causing injury if the dangers are unknown. his former roommate. Harvey was at his college reunion where he noticed Raymond. Offended by something Raymond mentioned. battery D. disparagement C. A) Failure to warn B) Defect in manufacture C) Failure to provide adequate instructions D) Defect in packaging 10. Doctrine of negligence D. A. Doctrine of proximate cause C. Transferred intent doctrine . Doctrine of unintentional tort B. breach of duty of care B. Michael wanted to shoot Gary but accidentally injured Stella with the bullet.8. Harvey is liable for ________. assault 9.

Under the ________ doctrine. Martha is walking along a street with her son when he is hit by a passing car just as he steps off the pavement. damages are apportioned according to fault.” Martha can sue the person who killed her son to recover damages for ________. A. Assumption of risk 13. He dies in his mother’s arms. which of the following parties is strictly liable for injuries caused by a defective product? A. Gary Govetty is a famous movie star. Proximate cause D. Gary can sue his ex-girlfriend for ________. slander B.11. Contributory negligence B. tort of outrage B. Comparative fault C. A. A tabloid published an interview with his exgirlfriend in which she falsely claimed that Gary was completely bald and had been wearing a wig for several years. breach of duty of care C. leaving her traumatized. According to the doctrine of strict liability. The court hearing the case rules that Martha’s son was “not responsible for the accident. transfer of intent 14. negligent infliction of emotional distress D. invasion of the right to privacy C. A. only the manufacturers of the products . tort of appropriation 12.

If the state in which this case is heard adopts the doctrine of contributory negligence to interpret such cases.000 from the driver B. all parties providing services related to the product D. Consequential damages C. many consumers who eat the bars suffer from severe allergic reactions. A. recover no damages from the driver 16. the pedestrian is entitled to ________. Kicker’s. The pedestrian suffered $100. recover $20. A. Nominal damages 17. Inc. Punitive damages D. but they fail to mention on the packaging that the bar contains gluten and nuts. A person driving over the prescribed speed limit in a suburban area hits and injures a pedestrian jaywalking against a red “Do Not Walk” sign. ________ refers to monetary damages that are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff. has produced a new kind of candy bar. Consequently. recover $80. recover $100. all parties in the chain of distribution 15. defect in design . only the parties directly involved in the sale of the product to the customer C. Which of the following can the injured customers cite as a defect in a strict liability lawsuit against Kicker’s? A.B.000 from the driver C. The jury finds that the driver is 80 percent responsible for the accident and the jaywalker is 20 percent responsible.000 in injuries.000 from the driver D. Reliance damages B.

B. trademark D. sell. patent C. trade secret 19. produce. copyright B. Trademark C. Patent 20. A. the exclusive right to publish. Trade secret B. A ________ is a grant by the federal government upon the inventor of an invention for the exclusive right to use. and who meets other requirements established by law. failure to warn D. . or license the invention for a limited amount of time. license. defect in packaging C. ________ is a legal right that gives the author of qualifying subject matter. failure to provide adequate instructions 18. A. and distribute the work. sell. A closely guarded formula for a recipe protected by a soft drink manufacturer would be considered as an example of a ________. Copyright D.

trade secret D. copyright B.A. trademark . patent C.