Under the Articles of Confederation, the strong States were held together by a weak Central government
The US Circuit Court of Appeals may not rule unconstitutional an order of the Executive
If the defendant fails to challenge the plaintiff's standing to sue, lack of standing may not be raised in a later proceeding
Federal courts and State courts have concurrent jurisdiction over most legal disputes
The US District Court is the intermediate appellate court in the federal court system
In deciding a case, a court will not use common law if there is a statute that applies to the dispute
Jeffrey takes a business action which is legal according to the law. However, such an action may not be ethical.
State courts of appeal are allowed to hear appeals from the US District courts
In a jury trial, the judge determines which facts were proved by the evidence
To have standing to sue, a party must either suffer an actual injury or be threatened with an imminent injury caused by the action about which the party complains.
The Uniform Commercial Code governs many areas of law important to businesses
A follower of the Legal Positivist School of jurisprudence believes some rights citizens have come from an authority higher than the government
After a verdict has been rendered in a civil case, only the defendant may file an appeal
When the Ohio Supreme Court agrees to hear a case, it issues a writ of execution
One of the important powers of courts in the US is to interpret legislation.
A follower of the Natural Law school of jurisprudence believes the law of the state is the highest legal value.
Jason, a resident of OK is driving thru ARK when he is involved in a car crash. Since Jason was at fault, the plaintiff may only sue Jason in OK using ARK law as the substantive law of the case.
Where a violation of a state constitution is involved, a lawsuit may be filed in the Federal Court.
In an action in Fed Court based on diversity of citizenship, the District Court will use the procedural law of one of the states to decide the matter.
The plaintiff's complaint must include a request for a remedy on the court will not entertain the underlying lawsuit.
A petition for a writ of certiorari is required to request the Ohio Supreme Court hear a civil appeal.
The Constitution doctrine of Checks & Balances concerns how each branch of the fed government may limit the power of the other branches.
It is a violation of the Separation of Powers doctrine for State A to adopt a law identical to one adopted by State B.
The North American Free Trade Agreement is an example of international law which is binding upon the United States
In complex litigation involving the laws of several states, the state whose law will be used is determined by reference to:
Conflict of laws
Which of the following statements about the UCC is correct?
The UCC consists of identical statutes enacted by the states to provide businesses with consistent and predictable laws
In a jury trial, the judge would decide questions of ____ and the jury would decide questions of ____.
Under the US constitution, the Judicial branch of the government...
interprets the law
Ariel files a lawesuit in a Federal district court against Louis. Ariel wins the suit, and Louis appeals to the US Court of Appeals for the Second Circuit, and loses again. Louis asks the US supreme court to hear a further appeal. The Court is:
Not required to hear the appeal
Carl challenges a newly enacted NY law that has not yet taken effect as infringing upon his right to operate his marijuana dispensary in NYC. His challenge:
is an action for declaratory relief.
Salvatore, a citizen of NJ, wants to file a lawsuit in NJ against Tanya, a citizen of Delaware for $200,000 as a result of Tanya's alleged breach of contract between Sal and her. Their diversity of citizenship may be a basis for:
a federal district court to exercise original jurisdiction.
To Pete, the written law of a particular society is inferior to God's law. Pete is:
a Natural Law believer
Each state has at least ___ US District Courts for trying cases:
When a US District Court hears a case based on a federal question, the minimum amount in controversy must be:
There is no minimum amount
Gail is a resident of MASS. In NH, Gail enters into a contract w Heather, a resident of NH. When Gail breaches the contract, Heather files a suit against Gail in NH. Regarding Gail, NH can:
Exercise in personam jurisdiction (directed a certain person)
The Common Law rules developed from:
A Georgia state law violates the US Constitution. This law:
Cannot be enforced.
Sources of American law do not include:
Rules issued by a chamber of commerce
Adam, a resident of Ohio, sues Eve a resident of Illinois, over owenership of an apartment building in Ohio, in an Ohio court. The Ohio court may:
Exercise in rem jurisdiction over Eve (power court has over property)
In Nebraska, the highest-ranking (superior) law is:
a provision in the Nebraska Constitution
The term used in law to denote the power of a particular court to hear a case and render a binding decision is
A state Statute of Limitations which require suits for breach of contract be filed within 2 years of the date of the breach is an example of ____ law.
Common law is
Sam files a lawsuit against Laura. Usually within 30 days after receiving a copy of the Complaint, Laura must file her:
Federal and State courts today are generally,
courts of law & equity
The power of the judicial branch to declare a law invalid as in violation of the Constitution is known as_____
Net Corporation files a lawsuit against Omega, Inc. alleging Omega breached a contract to sell Net a computer system for $100000 US. Omega is:
The need to go to different courts for leal and equitable remedies can be traced to:
the early English court system
The federal government and the state governments have separate and distict powers. This arrangement constitutes a _______ separation of powers.
Damages for pain and suffering from a personal injury classified as non-economic damages are often difficult to calculate.
Conduct deemed criminal once was governed under Tort law
Generally, no one has a legal duty to come to the aid of a stranger, unless he/she has taken some action which put the stranger into danger or failed to take some action resulting in danger to the stranger.
An act of Congress burdens women in favor of men. A court hearing a challenge to this law will use the rational basis standard of analysis.
Procedural due process exists where a citizen facing deprivation of a fundamental right has an opportunity to be heard in protest of the deprivation
A defendant in a negligence action may plead contributory negligence as one of his/her affirmative defenses.
Mike who cannot always control his movements as a result of a neurological condition. Mike's condition causes him to knock Carol down a flight of stairs. Carol breaks her leg. Mike has committed a battery.
Damages that involve only a very small monetary award are called liquidated damages.
Alan was convicted in a criminal trial assaulting Ben. Ben cannot now sue Alan in tort for personal injuries because Alan is protected against double jeopardy.
Nancy is introduced to Benjamin by a mutual friend. Nancy, instead of a handshake, gives Ben a big hug not knowing Ben's hates to be touched by strangers. Nancy's hug was an offensive contact.
A new law enacted by the State of Columbia makes it more difficult for foreign-born citizens of the state to vote. A challenge of this statute is subject to strict scrutiny.
Manufacturers may be subject to product liability suits if their products harm consumers but not bystanders since the bystanders do not in privity of contract w the manufacturer.
Not knowing you are on the land of another person is a complete defense to charges of trespass to land.
Crimes are classified as strict liability crimes when specific intent is required.
Sid and Carrie were found liable in joint and several liability for $200000 in damages to Nancy's property. This means the max amount of the award Sid will have to pay is $1000000.
Andrew waiting for Cindy to get ready for a date, rifles through a stack of mail on Cind's desk. Andrew has intruded into Cindy's seclusion
A wrongful act is either a tort or a crime: it cannot be both
If a person claimed a law was denying him employment opportunities based on religious grounds, the Court will review the law under the strict scrutiny standard.
Under the first amendment, speech which damages the reputation of a private person is protected from challenge by the government.
To be libelous, a false defamatory statement must be in written form
A surgeon is held to a higher standard of care in performing an operation than a general practitioner would be in performing the same operation.
In contributory fault states, if the plaintiff was responsible for 20% of his own injuries, he will still be able to collect the other 80% from the negligent defendant.
Assumption of the risk is an element of negligence the plaintiff must prove.
A challenge to an act of government on substantive due process grounds concerns the fairness of the threatened deprivation.
Defamation is the first element that must be proved in a suit for the invasion of the right to privacy.
Al, Bill, Chad & Dan were found jointly and severally liable for $100000 of property damages caused when a frat initiation event got out of hand. They don't have the money to pay for their share of the damages. The only solvent defendant is Dan. The most Dan will pay the plaintiff is:
The damages awarded to a victim to make the victim "whole" are:
A defendants failure to do what a reasonable and prudent person would do in his circumstances subjects the defendant to liability for
Bereaved had a dispute with the funeral home over the costs of services for his father. When he left home the morning of the funeral, he found his father's embalmed body on his front door step. Bereaved has suffered prolonged sleeplessness & depression since then. Bereaved can sue the funeral home for:
Mary saw two boys swimming across a river she knew had a deep and dangerous channel. She didn't warn them or try to stop them. One was injured. Could Mary be sued for negligence?
No, Mary had no duty to them
The Constitutional basis for the right of privacy is:
The supreme court's finding that the right of privacy is in a # of amendments
Local hunter went onto a neighbors land because deer had been seen there. Hunter knew the land belonged to his neighbor and that it was posted against hunting. If the neighbor sues the hunter
Be liable for: Trespass, punitive damages, & pay costs to neighbor
The age discrimination in employment act is a federal statute which makes it illegal for businesses to discriminate against employees who are 40 or older. The power of the federal government to regulate the hiring activities of private businesses is found in the:
Valerie Vet accidentally left the back door to her clinic open and Cuddles, a canine patient escaped. Cuddles ran around in the road and in an adjacent filed until she was found unharmed. Is Val liable to Cuddles' owner for negligence?
No because Cuddles suffered no injuries while free.
1st amendment gives commercial speech engaged in by Alpha, Inc. and other businesses:
Meredith claims a Nebraska state statute infringes on her "procedural due process" rights. This claim focuses on:
Procedure used in making decisions on taking "life, liberty or property"
Mary, concerned with antibiotics and chemicals in the food supply, started to raise pigs in the backyard of her suburban home. She now has 14 pigs who produce a significant amount of solid waste which attracts insects and has a nasty odor. There are no town or county ordinances that specifically forbid pigs. Her neighbors should challenge her right to engage in this activity based on the tort of:
Anna falsely accuses Beth of being sexually promiscuous. anna may avoid liability if it shows her speech is protected by the:
Failure of a third party to hear the statement
Which of the following forms of slander wouldn't require the plaintiff to show specific damages?
All: STD, sexually promiscuous, accountant stole money, etc.
Wendy testified for the plaintiff in a suit against Dan in which he was charged with fraud. The jury found for Dan. Dan wants to sue Wendy for defamation because the statements she made about him on the witness stand were found to be false. What's the result of Dan's suit?
Dan can't sue Wendy because she had an absolute privilege as a trial witness.
A story in the news falsely portrayed Mrs. Smith as supporting hydraulic fracturing in her hometown. In fact, she opposes the practice. The news may be liable to Mrs. Smith for:
Portraying her views in a false light
The American Transportation Association wants the federal government to spend money to build a new highway. Congress may spend revenues
Only to carry out Congress's enumerated powers.
A state law will be invalid if it conflicts with a federal law because of the:
Sussex county has a law requiring all passenger elevators be inspected every 6 months. Local hospital failed to have its passenger elevator inspected when required and a malfunctioning elevator door injured a visitor. Their attorney will use the doctrine of _____ to show local hospital breached a duty of care.
Negligence per se
Iris was at fault in a car crash in which Phil was injured. As they waited for the EMTs to arrive. a plane, which was part of a nearby air show, crashed into Phil significantly increasing his injuries. Iris will not be liable for this second set of injuries because the plain crash was a:
Superseding intervening event
If a private employer denied an employee the right to speak freely about political issues in the workplace, the employee could not claim a 1st amendment violation because the employer's action didn't represent:
In order to have ____ you must be effected by what happened and have to have stake in outcome of litigation
Someone's buying a house and the ____ is the deed to the house.
Are primative damages recoverable in a breech of contract?
No, because the contract was originally written to keep both parties whole
If the plaintiff is negligent partially, his reward will be reduced by % of negligence by the plaintiff.
Assumption of risk
has to be known risk of harm
ex) Smoking - Know you can get cancer
Legal realism (jurisprudence)
Laws develop overtime to stay with current society
Laws of the state are of highest authority
process where people in a lawsuit attempt to get facts from people in trial.
4 elements of a contract:
2. bargain for consideration
3. Legal capacity
4. Legal purpose
Type of contract within statute of fraud
1. must have interest in land
2. 1-year rule
Elements of intentional infliction of emotional distress:
Extremely outrageous conduct causing victim to experience distress.
What constitutes as harmful touching? (5 things)
1. Experience pain
4. Interference of a bodily function
5. Interference with bodily organ
Ann mailed Jake an offer to sell him her racehorse for $500000. Before Jake could accept the offer, the horse died. Ann's offer terminates by operation of law.
While in need of a heroin fix, Harold was offered a contract to sell his valuable racehorse to Snidely who knew of Harold's addiction. Harold signs the contract. This contract is voidable by Harold.
An accord and satisfaction can be used to settle both liquidated and non liquidated debts
Parents are ordinarily liable for the contracts made by their minor children, whether or not the children acted on their own.
An illusory promise is consideration for a bilateral contract, but not for a unilateral contract
In deciding whether a contract was formed, the courts look to the subjective intent of the parties
Under common law, acceptances are effective when received by the offeror
Modernly, crimes are violations of Federal or State statutes
In limited cases, such as the relationship between a supplier who makes regular deliveries and his customer, silence can be a form of acceptance.
An oral agreement to lease an apartment is an implied-in-fact contract
Contracts entered into by alcoholics are void as a matter of law
Giving up the right to do something one is legally entitled to do can serve as consideration in a contract.
Revocation of an offer normally must be communicated to the offeree before acceptance or it will be ineffective.
A promise to pay for an act that has already occurred is enforceable.
A minor's failure to perform an executory contract within a reasonable time after reaching the age of majority implies disaffirmance
An offer to form a unilateral contract is accepted by a promise to perform.
If the offeree has begun to perform the requested act in a unilateral contract, the offeror is prevented from withdrawing the offer.
A minor upon disaffirmance of a contract, must pay the contract price for necessaries
Courts may look into the adequacy of consideration if there is evidence of fraud or undue influence by one of the parties.
Counteroffers automatically terminate the original offer
Parties to a contract may offer as consideration promises to do what the parties are already legally required to do.
Under the common law, modifications to existing contracts required new consideration from each party.
Inadequate consideration may indicate fraud, oppression or undue influence.
In a bilateral contract, communication of acceptance is not necessary
The common law requirement that the acceptance contain exactly the same terms as the offer is the ___ rule
Mike, a minor, bought a car from used car lot for $6000. 2 months before he turned 18 he decided he didn't want it anymore & returned it. Mike had put 50000 miles on it. Applying the law followed by the majority of states, what best describes Mike's rights?
Mike would be entitled to get back the full $6000.
Bay Crab Processor has a contract with Jim, a local crabber, to buy all the crabs Jim catches during the season for $35.00 per bushel. This is an example of a _____ contract.
Which element of a contract is met by a bargained-for exchange?
Quality Vehicles, inc offers to sell a truck to regional delivery company. Before accepting the offer, regional learns the truck has been sold to state trucking. Quality is...
Not liable, because the sale revoked the offer to regional.
Jackson offered to sell his painting to Pollock for $10000. Pollock was to send his acceptance by mail to Jackson by the 30th of the month. Before Pollock could accept the offer, Jackson died. What happens?
Pollock can't accept the offer because it's terminated by operation of law when Jackson died.
Auto Body Repair promises to pay Ben $1000 a week to work for them. Ben accepts and quits his job with CCS. ABR fails to provide Ben a job. Ben has cause of action based on...
In an accord and satisfaction, the accord is...
The substitute agreement to pay the debt.
Federal Oil Co and Great Apartments inc signed a contract in which fed agrees to deliver heating oil in exchange for great's promise to pay for it. Fed delivers the oil. The contract is...
Executory on the part of the Great.
Alan, a representative of beta services, inc makes an offer to Carol, the owner of Delta Products. The offer is effective even if...
Alan secretly does not intend to be bound by the offer.
A bill sent to a homeowner by a contractor for an additional $500 for cost overruns: owner claims he'll only pay $250. What is this?
Brenda was the lead detective assigned to investigate the murder of a prominent local businessman. A local civic group offered a $10000 reward to anyone who provided info. The murderer was found largely due to Brenda's efforts. Can she collect the reward?
No, Brenda had a preexisting contractual duty to the case.
MicroCorp hires Nick to work for one month at a weekly salary. A Microcorp rep orally agrees two weeks later to double his salary. This agreement is...
Unenforceable because there's no consideration for Microcorp's promise
Don enters into a contract with Emma who doesn't have contractual capacity. Don can enforce the contract only if Emma,
Elects not to avoid the contract.
Harry's selling his coin collection thru Marshall Auction house. Harry won't sell for less than $300000 and has the right to withdraw the collection if the highest bid is below the $300000 minimum. What is the term for this kind of auction?
Auction with reserve
Mutuality for consideration is a requirement for a...
Sally, offered to sell her bike to Allison for $100. Allison replied: "I accept. Please include a new kick stand"
No contract because of mirror image
Frank puts an ad in the local paper saying he has a car with 110000 miles for sale for $9000. What's the legal status?
It's not an offer, but an announcement he has a car to sell
Chuck decides to sell his vintage cars at an auction "with reserve". If Chuck changes his mind he can only withdraw his cars..
Only before the auctioneer announces the cars are sold.
In construction of a contract, primary function of the court is to
Determine the intention of the parties.
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