LAW 575 Final Exam

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LAW 575 Final Exam (Latest)

1) Which of the following is true regarding state and federal court jurisdiction?
A. In all cases, state courts have concurrent jurisdiction with the federal
courts.
B. Federal courts begin with exclusive jurisdiction until a state court
intervenes.
C. In all cases, state courts have exclusive jurisdiction unless the state's
Supreme Court grants jurisdiction to a federal court in the state.
D. In some cases, state courts have exclusive jurisdiction; in some cases,
state courts have concurrent jurisdiction with the federal courts.

2) Which of the following is true regarding a sole proprietorship?

A. A sole proprietor shares control of the management of the business.
B. The sole proprietor keeps a portion of the profits from the business.
C. Profits are not taxed as the personal income of the sole proprietor.
D. A sole proprietor is personally liable for obligations of the business.

3) Which of the following is a type of ADR?

A. Consultation
B. Mediation
C. Case argument
D. Case analysis

4) Which of the following is an extension of negotiation?

A. Arbitration
B. Minitrials
C. Neutral case evaluations
D. Mediation

5) Without obtaining advance permission, Annie places an unflattering

photograph of the president of the college that she attends on folders that she is
selling outside of class for extra money. Which of the following is true?
A. Annie has committed defamation of the college president in the form of
slander.
B. Annie has committed defamation of the college president in the form of
libel.
C. Annie has appropriated the photograph for commercial gain, which
constitutes an invasion of privacy.
D. Annie has not committed any tort.

6) ________ torts occur when the defendant takes an action that is inherently
dangerous and cannot ever be undertaken safely, no matter what precautions the
defendant takes.
A. Liability
B. Intentional
C. Negligent
D. Strict-liability

7) The violation of a duty of care is called

A. breach of responsibility
B. breach of statute
C. breach of duty
D. objectionable breaching

8) Which of the following are common classifications of torts?

A. Intentional, negligent, and criminal
B. Intentional, criminal, and strict-liability
C. Intentional, negligent, and strict-liability
D. Criminal, negligent, and strict-liability

9) Which of the following are commonly used theories of recovery in product

liability cases?
A. Negligence, negligence per se, and breach of warranty
B. Strict product liability, negligence per se, and breach of warranty
C. Breach of warranty, negligence, and negligence per se
D. Negligence, strict product liability, and breach of warranty

10) The person who makes an offer is called an

A. offeree
B. offeror
C. agreeor
D. agent

11) Which of the following is what a person will receive in return for performing a
contractual obligation?
A. Consideration
B. Acknowledgement
C. Approval

D. Accord

12) Which of the following is true regarding the adequacy of consideration?

A. Courts generally consider the adequacy of consideration in determining
whether to enforce a contract.
B. Courts consider the adequacy of consideration only if something is sold
for less than 90% of its market value.
C. Courts consider the adequacy of consideration only if something is sold
for less than 80% of its market value.
D. Courts consider the adequacy of consideration only if something is sold
for less than 70% of its market value.

13) Which of the following represents an accord and satisfaction?

A. When a dispute over an unliquidated debt is settled and is paid for less
than the full amount
B. When a dispute over a liquidated debt is settled and paid for less than the
full amount
C. When a dispute over an unliquidated debt is settled and paid for the full
amount
D. When a dispute over a liquidated debt is settled and paid for the full
amount

14) Jenny works at a Mexican fast-food restaurant, which is owned by an

international company located in Mexico. Jenny is very angry with her supervisor,
Sleaze, as he has been making inappropriate sexual comments to her and other
employees. Jenny decides to sue and retains a lawyer, Brice. Brice talks with the
owners of the restaurant and is informed that Jenny signed an agreement to
arbitrate any claims. Jenny also informed Brice about other employees who had
complained about sexual harassment and entered into mediation agreements.
Brice promises her that he will get copies of all documents and everything that
was taken down by the court reporter at those mediations. Brice also tells Jenny
that, while he is not going to bring it up now, if they so choose, Brice and Jenny
can avoid the arbitration agreement, because under a new federal law, such
agreements cannot be enforced if one of the companies involved is
internationally based. He also tells Jenny in response to her question about the

possibility of mediation in her case to forget it, because mediation is pretty much
the same thing as arbitration. Brice tells Jenny that an option is to arbitrate and, if
the outcome is bad at arbitration, she can file a court action in federal court. Brice
says that the federal court judge would not consider an arbitrator's decision in
making a determination. Assume the Uniform Mediation Act provisions apply. Can
Brice obtain information from the previous mediators regarding what occurred at
the previous mediations?
A. Yes, but only if a court reporter was present.
B. He can get accounts of statements, but not copies of written documents.
C. He can get the information only if the mediators in the other cases want to
cooperate.
D. He cannot get copies of documents or accounts of what was said from the
mediator.

15) Which of the following is generally defined as a relationship between a

principal and an agent?
A. Agency
B. Principality
C. Combination
D. Employment

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