1) The doctrine of stare decisis concerns
A. following precedents so that legal principles announced in a case are used to determine later cases
B. using constitutional law to render a decision
C. making sure to do adequate research before making a legal decision
D. staring at the facts of a case for a long time to make sure the correct decision is made.
2) Barry owns a small software development firm. Barry has an employee who needs special accommodations in order to be able to perform the functions of his job. These accommodations would cost $10,000; an amount Barry believes is more than he should have to spend. The Americans with Disabilities Act provides that an employer is required to make “reasonable accommodations” for an employee with a disability, but does not define what constitutes a “reasonable accommodation.” Assume that size of the employer (by some measure) determines the maximum amount that would be considered reasonable for a particular employer to spend. Under the principles of stare decisis, which of the following is true?
A. If a similar-size employer had been required to spend $15,000 in the past, then Barry would be required to spend the $10,000.
B. If a similar-size employer had not been required to spend $15,000 in the past, then Barry would be required to spend $10,000.
C. If a similar-size employer had not been required to spend $15,000 in the past, then Barry would not be required to spend $10,000.
D. If a similar-size employer had been required to spend $15,000 in the past, this would not be relevant in Barry’s case because it happened in the past.
3) The form of alternative dispute resolution wherein the parties hire someone to review the evidence and make a decision that is binding upon the parties is called
D. settlement conference
4) Utilitarianism is a moral theory, which states
A. ethics requires a decision-maker to take actions which result in the greatest good to society
B. ethics requires acting according to the Bible or some outside source
C. ethics requires actions which use the most efficient tools
D. ethics requires following the Golden Rule (do unto others as you would have them do unto you)
5) Which of the following statements is true regarding the relationship of law and ethics?
A. The legal requirements will almost always be the same as the ethical requirement because the law is based on ethical standards.
B. Depending on the circumstances, the law can require a higher, lower, or the same standard of conduct as ethics demands.
C. In some cases, the law will require a high standard of conduct than ethics, but never vice versa.
D. In some cases, ethics will require a higher standard of conduct than the law, but never vice versa.
6) The Federal False Claims Act is also known as
A. The Sarbanes-Oxley Act
B. The Statute of Limitations
C. The Statute of Frauds
D. The Whistleblower Statute
7) The legal authority of a court to make orders that are binding upon the parties is called
A. in Rem jurisdiction
B. Personal jurisdiction
C. Enumerated jurisdiction
D. Quasi-in-Rem jurisdiction
8) A court can enter a judgment notwithstanding the verdict when the following has happened?
A. A jury could not reach an agreement on what the verdict would be.
B. The court finds that the jury acted out of a bias or after jury misconduct.
C. The jury was sequestered.
D. The judge’s personal opinion is that the jury made the wrong decision.
9) An appellate court reviews what information to decide on appeal?
A. All witnesses have come to court to testify again like they did at the trial.
B. Documentary evidence that was admitted at trial, plus a transcript of the witnesses’ testimony.
C. Only briefs provided by the lawyers plus the documentary evidence admitted at trial.
D. Only a transcript of the trial testimony plus briefs of the lawyers.
10) What is the definition of a tort?
A. Any violation of an ethical duty
B. Any crime or misdemeanor
C. Any civil wrong that allows the injured person to recover damages
D. Any action done in violation of a prior agreement, which allows the victim to recover damages
11) Denise, a small-town doctor, is sued for medical malpractice because she did not correctly diagnose a rare tropical disease, from which her patient died. The standard of care that will be applied by the court is:
A. Denise will be judged by the highest medical standards
B. Denise will be judged against the standard applied to tropical disease specialists
C. Denise will be judged by the reasonable person standard
D. Denise will be judged by the standards applicable to small-town doctors
12) Monica owed Bob $500, which was more than a year overdue. Bob got drunk at a party and told everyone that Monica had owed him $500 for over a year. Can Monica recover from Bob for defamation?
A. Yes, because Bob abused his conditional privilege
B. No, because Bob was telling the truth
C. No, because Bob had been drinking
D. Yes, because Bob communicated the statement to third persons
13) Mary’s mother agrees to give her a new car if Mary maintains an A average for her senior year of college. Mary does in fact earn an A average, but when she asks for the car, Mary’s mother tells Mary that she just told Mary that to motivate her and she will not be getting a car. Mary sued her mother alleging a breach of contract. Who will win this suit?
A. Mary’s mother wins because there was no consideration for her promise.
B. Mary’s mother wins because Mary had a preexisting obligation to do her best.
C. Mary wins because her actions in reliance upon her mother’s promise constitute consideration.
D. Mary wins but only if she can prove that the fair market value of the time she spent studying was equal to the value of the car.
14) Where a contract calls for action that violates a statute, in a breach of contract case the court will
A. impose the appropriate criminal penalty
B. ignore the contract and leave the parties where they are
C. order both parties to return any consideration received
D. order payments so that the parties to the illegal contract share any losses equally
15) Marvin, a PhD in economics, is recruited by a University to be Dean of the Economics department. Marvin agrees to accept the job at the salary of $100,000 annually, on the condition that his daughter, Mimi, who is presently 8 years old, also receive a free undergraduate education at the same university. The university agrees to Marvin’s conditions and Marvin takes the job. Ten years later, while teaching an economics class, Marvin has a fatal heart attack. May Mimi sue the university if it refuses to give her a free education when she graduates from high school?
A. No, because Mimi was not party to the contract
B. Yes, because Mimi is a third-party beneficiary of the contract
C. No, because Marvin is not alive to file suit to enforce the contract
D. Yes, because she was a minor when the contract was made
16) Articles 2 and 2(A) of the UCC cover which types of transactions?
A. Sales of goods and sales of real property
B. Sales of goods and leases of goods and real property
C. Sales of goods and contracts for the providing of services
D. Sales of goods and leases of goods
17) Patty went to a used car lot and purchased a car. Two weeks later, the transmission fell out as she was driving to work. She contacted the dealer to complain, but the dealer told her the car had been sold “As Is”. The dealer advised her to check in the glove compartment of the car, where Patty found a notice that stated, “This vehicle is sold AS IS. The purchaser will bear the expense of any repairs that are necessary to this vehicle.” Does the notice mean that Patty has no rights against the dealer with respect to the condition of the vehicle?
A. Yes, Patty should have inquired about the warranty when she bought the car.
B. No, the notice was not conspicuously displayed on the vehicle.
C. Yes, the notice operates to void any warranty on the vehicle.
D. No, the notice is there for subsequent purchasers of the car.
18) In February, Bradley stole a motorcycle from John’s driveway, and then sold it to a motorcycle parts dealer as a source of used motorcycle parts. In March, Jean bought the motorcycle from the parts dealer. In May, the police came to Jean and advised her that the motorcycle she bought had been stolen. According to the Uniform Commercial Code, must Jean give the motorcycle back to John?
A. Yes, because it was stolen and John did not intend for it to be sold to her
B. Yes, because John filed a police report
C. No, because Jean is a good faith purchaser for value
D. No, because it was John’s fault for leaving the motorcycle in his driveway
19) Huey, Dewey, and Louie own a building as tenants in common. Huey lives in the building. Without consulting the other two owners, Dewey deeds his interest in the building to Joe. What will be the outcome of this situation?
A. Huey will own the property as tenants in common with Joe and Louie.
B. The transfer of the interest to Joe will be ineffective because the other two did not consent.
C. Huey and Louie will still own the property as tenants in common, but Joe will have a reversionary interest.
D. Joe will make Huey pay rent.
20) Bruce and Diane are ranchers. Bruce owns the property next to Diane’s property. Bruce needs more pasture for his cattle, so he rents five acres of Diane’s ranch for pasture land. This arrangement continues for more than 20 years. Then Diane sells her ranch, and the new owner tells Bruce to stop using the pasture land. Bruce claims ownership of the land by adverse possession. Will his claim succeed if the case goes to court?
A. Yes, Bruce has had actual possession of the land for more than 20 years, so he owns the land under the doctrine of adverse possession.
B. Yes, Bruce will own the pasture land, but he will have to pay rent to Diane’s purchaser.
C. No, Bruce failed to show that he claimed the land adversely to Diane’s interest.
D. No, Bruce has failed to show that the value of the land was equal to the rent.
21) Melinda owns a rental property. She deeds the property to her son Jack, by warranty deed. Ten years later she sells the property to Brenda, her neighbor, and signs a quitclaim deed to the property in favor of Brenda. Who owns the property?
A. Jack and Brenda each own half the property.
B. Brenda owns the property.
C. Jack owns the property.
D. Melinda still owns the property, because neither deed was effective.
22) John and Jake are partners in a bowling alley. Business has been bad lately, and they need more operating capital, so they invite Lisa to become a partner. What liability does Lisa have for partnership debts?
A. She owes one third of all the partnership debts.
B. She owes an equal share of all partnership debts.
C. She owes an equal share in all debts incurred after she became a partner.
D. Her liability is limited to the amount she invested.