LAW531 Final Exam Final Quiz Multiple choice Quiz| LATEST UPDATE 100% CORRECT
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LAW531 Final Exam Final Quiz Multiple choice Quiz| LATEST UPDATE 100% CORRECT
LAW531 Final Exam Final Quiz Multiple choice Quiz
Exam 2
1) The concept of flexibility in the law is best illustrated by:
A. The use of appointed judges rather than elected judges.
B. Passing statues that purposely...
law531 final exam final quiz multiple choice quiz| latest update 100 correct
law531 final exam final quiz multiple choice quiz exam 2 1 the concept of flexibility in the law is best illustrated by
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LAW531 Final Exam Final Quiz Multiple choice Quiz
Exam 2
1) The concept of flexibility in the law is best illustrated by:
A. The use of appointed judges rather than elected judges.
B. Passing statues that purposely do not address precisely how they would apply in all situations.
C. The use of precendent to decide similar cases in similar ways
D. Setting a fixed amount of damages applicable to all wrongful death cases.
2) The school of jurisprudence that believes that free market forces should determine the
outcome to lawsuits is:
A. The Sociological school
B. The Command school
C. The Critical Legal Studies school
D. The Law and Economics school
3) Which of the following is true about litigating commercial disputes?
A. A few states have established specialized trial courts for commercial disputes.
B. Commercial disputes, because of their specialized nature, are first heard at the appellate court level.
C. Nearly all states have specialized trial courts that hear commercial disputes.
D. Businesses generally dislike the concept of specialized trial courts for commercial disputes because
the large numbers of consumers who sue businesses in these courts have led the judges to become
generally biased against businesses.
4) A ___________ is a court appointed party who conducts a private trial and renders a
judgement.
A. Judicial referee
B. Arbitrator
C. Fact-finder
D. Negotiator
5) ________ is a form of alternative dispute resolution that is often used when the
parties involved do not want to face one another.
A. Fact-finding
B. Negotiation
C. Mini-trial
D. Conciliation
6) Which form of alternative dispute resolution occurs when the parties choose an impartial third
party to hear and decide their dispute?
A. Minitrial
B. Conciliation
C. Arbitration
D. Mediation
7) The Double Diamond Dude Ranch is located in Montana and maintains a web site on the
Internet Before the Internet, the ranch relied exclusively on word-of-mouth advertising The web
site simply provides some general information and lists the ranch’s phone number for
reservations, but reservations cannot be made online The ranch has no other connections or
presence outside of Montana Bob lives in Ohio and learned of the ranch through its web site Bob
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, then spent a week as a paying guest at the ranch, but was injured when he fell off a horse Can
Bob sue the dude ranch in Ohio state court?
A. No, because cases involving residents of two different states must be filed in federal, not state, court.
B. Yes, because Bob viewed the advertising on the Internet when he was in Ohio.
C. No, because the mere ability of an Ohio resident to view the ranch’s Internet advertising does
not amount to the minimum contacts necessary for personal jurisdiction over the ranch in Ohio.
D. No, because the minimum contacts standard simply cannot be met based on Internet activity.
8) What is the result of the “effects on interstate commerce” test?
A. The federal government can regulate a business activity that takes place within a
single state if the activity has an effect on interstate commerce even though the
regulated activity itself does not involve interstate commerce.
B. Commercial speech protections apply only to speech that has an effect on interstate
commerce.
C. The federal government can regulate all interstate commerce that actually crosses state
lines.
D. Prior to enacting laws, states were required to indentify any effects that the law might have
on interstate commerce.
9) If there is an area of interstate commerce that the federal government has not chosen to
regulate, the states can:
A. Regulate in that area so long as the state law does not unduly burden interstate
commerce.
B. Regulate without restriction in that area.
C. Regulate in that area so long as it first gets the requisite approval from Congress.
D. Not regulate in that area because states cannot pass laws affecting interstate commerce.
10) The legal effect of the presence of a superceding event is that:
A. The burden of proof shifts from the plaintiff to the defendant
B. Intent must be proven in addition to elements of negligence
C. The defendant is not liable even if the plaintiff has proved all the elements of negligence.
D. The plaintiff and defendant will share liability
11) If a plaintiff voluntarily enters into or participates into a risk activity that results in injury,
what is the most likely defense that he or she may use to a defendant’s claim that the plaintiff
assumed the risk?
A. Contributory negligence
B. Defendant was negligent per se
C. Comparative negligence
D. Defendant assumed the risk under the “danger invites rescue” doctrine
12) The tort of palming off involves:
A. Knowingly selling goods that are defective.
B. Representing one’s own goods to be those of a competitor
C. Failing to credit another for that other person’s legal accomplishments
D. Making false statements about the goods of another
13) Based on the law of product liability, which of the following is correct?
A. A manufacturer should design its products to take into account feasible misuse.
B. A manufacturer should design its products to take into account all possible misuse.
C. A manufacturer need only take into account the intended use of its products.
D. A manufacturer should design its products to take into account all possible misuse by the initial
purchaser, but need not worry about misuse by other users.
This study source was downloaded by 100000829818949 from CourseHero.com on 04-09-2022 09:22:41 GMT -05:00
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