Legal Cases and Court Procedures, Exams of Commercial Law

Download Legal Cases and Court Procedures and more Exams Commercial Law in PDF only on Docsity! 1 Business Law 201 Fall 2005 Test 1, 9/19/2005 Professor Isler There are thirty multiple choice questions on this exam. The exam is not tricky and I was nice enough to include many questions from former exams just to show that I have a heart. There are also attendance questions, to show I have a heart and funny questions to show I have a sense of humor. Good luck.! 1. To have your case heard by a state or federal court you must have standing.. Speaking of standing, who sang “Standing in the Shadows of Love?” [A] Damn, I either missed this class or was late so I blew this one! [B] Stevie Wonder [C] Jay Z [D] The Temptations [E] The Four Tops 2. Bart owed Albert money and refused to pay. Albert sued Bart in Tullilip County for failing to pay and requested a jury trial. Albert and Bart both lived in Tullilip County. The annual Tulip Festival was taking place and the court could only find ten jurors to hear the case. On the day of the trial Bart looked at Albert and yelled “You will never win you idiot because you filed your case in the wrong court. What is true about the above set of facts? [A] Bart is incorrect as the case was filed in the correct court and Bart and Albert would have to agree to proceed with only ten jurors and they would have to agree in open court. [B] Bart is incorrect as the case was filed in the correct court and Bart and Albert would have to agree to proceed with only ten jurors [C] Bart is correct [D] Bart is correct, the case was filed in the wrong case. Additionally, you cannot have a jury trial with only ten jurors 3. During a trial the role of a judge is to: [A] Interpret the law and the determine the facts in cases where there is no jury [B] Interpret the law only [C] Interpret the law and the determine the facts [D] Act as a casual observer and assist the lawyers when called upon 2 4. Which of the following statements is true? [A] Equity Courts and Law Courts were merged into a single court [B] Today California has separate Equity Courts and Law Courts [C] There are only civil courts [D] There are only equity courts 5. Law in the United States is derived from [A] constitutions, statutes, and ordinances. [B] case law. [C] administrative regulations. [D] all of these. 6. The practice of following precedents in deciding later cases is known as [A] statute law. [B] stare decisis. [C] moral law. [D] equity. 7. It is not within the power of states to regulate [A] zoning. [B] traffic control. [C] marriage. [D] commerce 5 12. The trial courts in the federal court system are called [A] criminal courts. [B] bankruptcy courts. [C] tax courts [D] U.S. district courts. 13. What are the grounds for trying a case in a federal court? [A] Only diversity of citizenship cases involving $50,000 or more [B] State crimes and diversity of citizenship [C] Bankruptcy and state crimes [D] Federal issues and diversity of citizenship 14. The U.S. Supreme Court consists of [A] nine justices. [B] four justices. [C] five justices. [D] eight justices. 15. The amendment to the U.S. Constitution that protects the individual’s right to privacy by prohibiting unreasonable search and seizure by government is the [A] Sixth Amendment. [B] Fourth Amendment. [C] Fifth Amendment. [D] First Amendment. 6 16.The words of this song are interesting and some of my favorites! Come and listen to a story about a man named Jed A poor mountaineer, barely kept his family fed, Then one day he was shootin at some food, And up through the ground came a bubblin' crude. Oil that is, black gold, Texas tea. Well the first thing you know ol' Jed's a millionaire, Kinfolk said Jed move away from there Said Californy is the place you ought to be So they loaded up the truck and moved to Beverly. Hills, that is. Swimmin pools, movie stars. The Beverly Hillbillies! Sung at the end of the show: Well now its time to say good-bye to Jed and all his kin. And they would like to thank you folks fer kindly droppin in. You’re all invited back again to this locality To have a heapin helpin of their hospitality Hillbilly that is. Set a spell. Take your shoes off. Y'all come back now, y'hear? This song was performed by: [A] The Everly Brothers [B] Alabama [C] Lester Flatt & Earl Scruggs [D] Peached and Herb 7 17. Nicole Kidman knew that Baker, a Pennsylvania Dutch farmer is extremely superstitious. Baker also believes in witchcraft. Nicole wants to purchase Baker’s farm. In order to force Baker to sell his farm Nicole goes through the ritual of placing a hex on Baker’s farm causing Baker to believe the farm is bewitched and crops will not grow on it. Baker then sues Nicole for intentional infliction of emotional distress. What is the likely result? [A] Baker will lose but I have no idea why [B] Baker will lose because the conduct is not extreme and outrageous because everyone places hexes on other people’s property [C] Baker will win only if crops no longer grow [D] Baker will win if Baker suffered severe emotional distress 18. California's bar on gay marriages is unconstitutional, a judge has found, ruling that the state could not justify limiting marriage to a man and a woman. In the eagerly awaited opinion, based on the California Constitution, San Francisco County Superior Court judge Richard Kramer said there was "no rational purpose" for withholding marriage licences from homosexuals. In a written judgment, he said the state's historical definition of marriage could not justify the denial of equal protection for gays and lesbians. "The state's protracted denial of equal protection cannot be justified simply because such constitutional violation has become traditional," he wrote. Legal groups representing religious conservatives filed an appeal with the California Court of Appeals and that court agreed that California's bar on gay marriages is unconstitutional. Last week those same religious conservatives appealed to the California Supreme Court. Yesterday that court ruled that California bar on gay marriages violated the California Constitution. Today California Attorney-General Bill Lockyer vowed to appeal the case to the United States Supreme Court. What should the U.S. Supreme Court do? [A] Rule on the merits of the case since it involves a federal question [B] Refuse to hear the case if it is based solely on the California Constitution [C] Rule against the California Supreme Court since this is a matter for California voters to decide [D] Rule on the matter since the case involves Equal Protection Issues and if California does not have a compelling state interest to descriminate, the court should rule the ban on gay marriages unconstitutional like the California Supreme Court 10 27. The plaintiff in a civil lawsuit is the [A] person being sued. [B] attorney for the person injured. [C] state. [D] person injured. 28. In a civil action, the paper containing the defendant’s statement of his or her defense is the [A] summons. [B] answer. [C] deposition. [D] motion. 29. A pretrial device used to prevent surprises during the actual trial of a civil case is called [A] a complaint. [B] a notice of appearance. [C] discovery. [D] a voir dire. 30. A prospective juror may be dismissed arbitrarily without any reason being given if an attorney for one of the parties in a lawsuit exercises a [A] peremptory challenge. [B] move for a mistrial. [C] default judgment. [D] challenge for cause. 11 [1] [E] [2] [A] [3] [A] [4] [A] [5] [D] [6] [B] [7] [D] [8] [C] [9] [A] [10] [C] [11] [D] [12] [D] [13] [D] [14] [A] [15] [B] [16] [C] [17] [D] [18] [B] [19] [D] [20] [A] [21] [A] [22] [B] [23] [D] [24] [D] [25] [A] [26] [A] [27] [D] [28] [B] [29] [C] [30] [A]