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Business Law 201 Quiz one MWF, Professor Isler

True/False Indicate whether the sentence or statement is true or false. ____ ____ ____ ____ ____ ____ ____ ____ ____ 1. A long arm statute is a state law that permits courts to obtain jurisdiction over nonresident defendants. 2. To have standing to sue, a party must have been injured or have been threatened with injury by the action about which he or she is complaining. 3. A state court system is typically made up of trial courts, appellate courts, and federal district courts. 4. An answer can admit to the allegations made in a complaint. 5. Discovery is a process for gathering evidence and information in a suit. 6. There is no difference between depositions with written questions and interrogatories. 7. In a federal case at law involving more than $20 in damages, a defendant has the right to a jury trial. 8. Voir dire is a process for presenting evidence and information in a case. 9. A defendant always has the burden of proving that the plaintiff's claim is not correct.

____ 10. The Constitution provides for three branches of government. ____ 11. Tort law provides legal remedies for both personal injury and property damage. ____ 12. Store owners do not have the authority to detain customers under any circumstances. ____ 13. False imprisonment is a tort only if the confinement or restraint is justified. ____ 14. Slander involves the oral communication of defamatory language. ____ 15. Defamation is wrongfully hurting a person's good reputation by anything published or spoken. ____ 16. Normally, fraud can occur only when there is reliance on a statement of fact. ____ 17. Unintentionally causing a party to break a contract may constitute wrongful interference with a contractual relationship. ____ 18. To commit the tort of trespass to land, a person must actually harm the land. ____ 19. In considering the issue of causation in a tort action, the courts ask only whether an act was the proximate cause of the injury. ____ 20. An assumption of risk defense requires only that there be knowledge of the risk. ____ 21. Under the doctrine of comparative negligence, both the plaintiff's and the defendant's negligence are taken into consideration. Multiple Choice Identify the letter of the choice that best completes the statement or answers the question. ____ 22. Much of American law is based on a. the English legal system. b. the French legal system. c. the Greek legal system.

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d. the Roman legal system. In most states, most courts may a. grant equitable relief only. b. grant legal remedies only. c. grant either equitable or legal remedies. d. not grant either equitable or legal remedies. The doctrine of stare decisis a. applies only to decisions of the United States Supreme Court. b. prevents a court from reversing a rule it established at an earlier date. c. prevents different states from following different precedents once one state has established a rule of law. d. none of the above. A state law that violates the U.S. Constitution a. can be enforced by that state's government only. b. can be enforced by the federal government only. c. can be enforced by the United States Supreme Court only. d. cannot be enforced. Professor Isler was raised in a. San Mateo c. East St. Louis b. Harlem d. Brooklyn Professor Isler's father is a. A Painter c. A Minister b. A Printer d. A Professional Gambler Tworking means a. Using a power drill c. Singing b. Having Sex d. None of the above The movie that Professor Isler saw on a recent flight from New York that involved a Professor talking about jurisdiction was a. Legally Blond c. Scareface b. The Godfather d. The Nutty Professor Adam is a resident of Colorado. While driving through Wyoming, Adam is in an accident with Ethel, a resident of Wyoming. Ethel files a suit against Adam in Wyoming. Regarding Adam, Wyoming a. can exercise diversity jurisdiction. b. can exercise in personam jurisdiction. c. can exercise in rem jurisdiction. d. cannot exercise jurisdiction. Paula, a resident of California, owns a farm in Iowa. A dispute arises over the ownership of the farm with Don, a resident of Nevada. Don files a suit against Paula in Iowa. Regarding this suit, Iowa a. can exercise diversity jurisdiction. b. can exercise in personam jurisdiction. c. can exercise in rem jurisdiction. d. cannot exercise jurisdiction. Dick files a suit against Ann. Ann loses the suit. Ann's best ground for appeal is the trial court's interpretation of a. the law. b. the credibility of the evidence that Dick presented in the case. c. what happened between the parties that led up to the suit. d. the witnesses' behavior during the trial.

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____ 33. Sid files a suit against Tina. Before going to trial, the parties meet, with their attorneys to represent them, to try to resolve their dispute. A third party helps them to reach an agreement. This is a. arbitration. b. litigation. c. mediation. d. negotiation. ____ 34. Kay files a suit against Jack. The document that sets out the ground for the court's jurisdiction, the basis of Kay's case, and the relief that Kay seeks is a. the answer. b. the complaint. c. the service of process. d. the summons. ____ 35. In Ed's suit against First National Bank, the discovery phase would include all of the following except a. Ed's complaint. b. Ed's deposition. c. Ed's requests for First National's admissions. d. First National's replies to Ed's interrogatories. ____ 36. Irma files a civil suit against Jim. To succeed, Irma must prove her case a. beyond a reasonable doubt. b. by a preponderance of the evidence. c. by indisputable proof. d. within an iota of the truth. ____ 37. Which legislative body can pass a law that conflicts with the Constitution? a. Congress b. Any state legislature but not Congress c. Any state legislature and Congress d. None of the above ____ 38. Speech that harms the good reputation of another is protected under the First Amendment a. when it is political speech. b. when it is commercial speech. c. all of the time. d. none of the time. ____ 39. Procedural due process focuses on a. procedures used in making decisions to take life, liberty, or property. b. the content of a law. c. how similar the treatment of similarly situated individuals is. d. all of the above. ____ 40. A city ordinance that allows only a few street vendors to operate in certain areas, for the purpose of reducing traffic, would likely be held by a court to be a. constitutional under the due process clause. b. constitutional under the equal protection clause. c. unconstitutional under the due process clause. d. unconstitutional under the equal protection clause. ____ 41. Kate believes that George is about to hit her. To prevent harmful contact in dangerous situations, a person may use a. any force. b. any force, except force that is likely to cause death. c. whatever force is reasonably necessary. d. no force.

____ 42. At a fast food restaurant, Todd believes that he is being overcharged and shoves Vicky, the clerk. Vicky sues Todd, alleging that the shove was a battery. Todd is liable if a. the shove was offensive. b. Todd acted out of malice. c. Todd was not overcharged. d. Vicky did not wait on Todd. ____ 43. To commit an assault, a person must act in a manner that a. creates an apprehension or fear of future harm. b. results in physical injury to the victim. c. threatens contact some people might want to avoid. d. none of the above. ____ 44. Rob accuses Jim of embezzling company funds. The statement is defamatory only if a. a third party hears it. b. Jim suffers extreme emotional distress. c. the statement is false. d. the statement is made in an annoying manner. ____ 45. Actual malice must be demonstrated for recovery of damages in an action for defamation brought by a. a public figure only. b. a private individual only. c. public figures and private individuals. d. none of the above. ____ 46. Barb, a shoe salesperson, follows Ken, another shoe salesperson, as he makes his rounds. Barb solicits the business of every customer approached by Ken. Barb would probably be liable for wrongful interference with a. a business relationship. b. a contractual relationship. c. a customer relationship. d. none of the above. ____ 47. Excel Dry-Cleaning advertises so effectively that Next Day Cleaners's regular customers patronize Excel instead of Next Day. Excel has committed a. appropriation. b. wrongful interference with a business relationship. c. wrongful interference with a contractual relationship. d. none of the above. ____ 48. Al takes Bill's business law book as a practical joke and hides it so that Bill cannot find it during the week before the exam. Al may have committed the tort of a. trespass to personal property. b. conversion. c. intentional infliction of emotional distress. d. placing a person in a false light. ____ 49. John carelessly bumps into Sally, knocking her to the ground. John has committed the tort of negligence a. only if Sally is injured. b. only if Sally is not injured. c. whether or not Sally is injured. d. under no circumstances. ____ 50. Bob is injured in a car accident and files a suit against Mary, whom Bob alleges was driving negligently. Mary claims that Bob was driving more carelessly than she was. Comparative negligence in tort cases may reduce a plaintiff's recovery a. only if the plaintiff was more at fault than the defendant. b. only if the plaintiff and defendant were equally at fault.

c. only if the plaintiff was less at fault than the defendant. d. even if the plaintiff was only a small fraction at fault.

Business Law 201 Quiz one MWF, Professor Isler Answer Section
TRUE/FALSE 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. T T F T T F T F F T T F F T T T F F F F T

MULTIPLE CHOICE 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. A C D D B C B A B C A C B A B D D

39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50.