1.Which of the following is not true?
a.The plaintiff s required level of proof to win a civil trial is greater than in a criminal trial. b.The victim of a crime may be able to bring a civil lawsuit against the alleged criminal. c.After a criminal defendant has been found not guilty, the victim may still bring a civil suit for damages against the same defendant if the victim has not already done so. d.‘Due Process” requires procedural due process and substantive Due Process. e.All of the above are true.
2.B bets C on the outcome of the SuperBowl. Gambling on sports events is illegal in their state. This wagering agreement is
a.not enforceable unless there is an admission as to its existence b.voidable by the losing party
c.valid if the bet was a fair one with proper “odds”
e. None of the above
3. “Stare decisis” is the doctrine of:
a.Separation of powers so that decisions are not made by a single branch of government. b.Following precedent so that legal principles in earlier similar cases are followed in later cases. c. Constitutional principles applied when making any decision. d.Spending long periods of time looking at facts before making a decision e.None of the above
4.A law passed by a state to give its courts jurisdiction over persons and businesses located in other states in known as: a.jurisdiction statute.
e.of the above
5.bridge’s design is defective and soon after completion it begins to visibly sway in the wind. Everyone stays off, except Carl, who wants to show off. Carl falls from the bridge and sues its maker, who can raise the defense of
a. assumption of risk.
b. commonly known danger.
c. product misuse.
d. none of the above.
6.party loses a lawsuit and files an appeal. The appellate court is most likelyto review the trial court’s
a.application of the law.
b.consideration of the creditability of the evidence.
c.findings of fact.
d.interpretation of the conduct of the witnesses.
e. retry the entire case on the appellate level and rehearing the evidence
7.Horizontal price-fixing occurs when:
a.One or more companies charge the same prices for goods at all their stores for an unreasonable length of time. b.A manufacturer requires its independent retail dealers to sell its products at a given price. c.A company with the entire market on a patented product sells the product at a fixed price. d.Two or more competing companies agree on the prices they will charge for their products.
8. Which of the following is a false statement?
a. An oral defamatory statement must be communicated to a third party to be actionable, but a written one need not.
b.An individual’s right to privacy includes the exclusive use of his or her likeness.
c.Intentionally causing a party to break a contract may constitute the common law tort of wrongful interference with a contractual relationship.
d.Under the doctrine of strict liability in the U.S., a defendant may be liable for the results of his or her acts even if he or she did not intend those results.
9. Which of the following is a falsestatement?
a.The U.S. Constitution expressly states that Congress has the power to regulate interstate commerce.
b.When state regulations in the U.S. impinge on interstate commerce, commerce must yield to the state regulations, no matter how heavy the burden placed on the commerce since states possess sovereignty within their borders.
c.When there is a direct conflict between a federal and state law in the U.S., the state law is rendered invalid.
d.Some federal constitution protections in the U.S. apply to business entities such as corporations.
10. The U.S. Constitution takes precedence over
a.a provision in a state...