Problem 1. Discovery is part of:
A. Substantive Law
B. General Law
C. Motion Practice
D. Procedural Law
Problem 2. "res ipsa loquitor" means"
A. The thing speaks for itself.
B. Assumption of risk.
C. Reasonable person
D. Location of the tort.
Problem 3. Bankruptcy matters are only heard in Federal courts.
A. True
B. False
Problem 4. Which of the following is not an intentional tort:
A. Libel
B. Trespass
C. Product Liability
D. False Imprisonment
Problem 5. The application of a law to someone's actions which were committed before that law came into effect refers to:
A. ex post facto
B. de novo
C. res ipsa loquitor
D. en banc
Problem 6. A consumer purchasing an item in reliance on the expertise of someone who regularly deals in the product concerns:
A. Implied warranty of fitness for a particular purpose
B. Implied warrant of merchantability
C. Express warranty
D. Limited warranty
Problem 7. The warranty that an item will do what it is supposed to do concerns:
A. Implied warranty of fitness for a particular purpose
B. Implied warrant of merchantability
C. Express warranty
D. Limited warranty
Problem 8. A promise made by a seller and on which the buyer bases his decision to buy concerns:
A. Implied warranty of fitness for a particular purpose
B. Implied warrant of merchantability
C. Express warranty
D. Limited warranty
Problem 9. The standard for reaching a judgment in a civil matter is:
A. Preponderance of the evidence
B. Majority of the evidence
C. Beyond the shadow of a doubt
D. Beyond a reasonable doubt.
Problem 10. All except which of the following can be included in discovery:
A. Production Request.
B. Pleading
C. Deposition
D. Interrogatories
Problem 11. A principal may ratify the acts of an agent but not be liable for them
A. True
B. False
Problem 12. A contract which will be performed in the future is a:
A. Unilateral contract
B. Executory contract
C. Express contract
D. Quasi contract
Problem 13. A contact formed by the court is a:
A. Unilateral contract
B. Executory contract
C. Express contract
D. Quasi contract
Problem 14. Negligence requires proof of:
A. The defendant had a duty to behave in a certain manner.
B. The defendant's actions were the proximate cause of damage.
C. Defendant failed to act in the required manner
D. Defendant knew or should have known that his/her actions would cause harm
E. A, B and C.
F. A, C and D
G. B, C and D
H. A, B, C and D
I. A, B and D.
Problem 15. The Statute of Frauds concern all except which of the following:
A. Contracts fraudulent on their face.
B. Contracts for the sale of real estate
C. Contracts which cannot be completed within one year
D. Contracts to pay someone else's debt.
Problem 16. The Parol Evidence Rule concerns evidence used in a criminal proceeding.
A. True
B. False
Problem 17. A principal can use an agent to enter into an agreement which the principal could not legally enter into.
A. True
B. False
Problem 18. The protected group as far as age discrimination in employment is concerned starts at the age of:
A. 65
B. 60
C. 50
D. 40
Problem 19. "Piercing the corporate veil" refers to:
A. Flow through of taxes.
B. The difference between active and passive investors
C. The listing of a company's offices and directors.
D. Looking to the personal assets of officers for a corporation's debts.
Problem 20. "Jurisdiction" refers to:
A. Whether a judge or jury hears the case.
B. Which law applies to a case.
C. Where a case is heard.
D. Cultural differences.
Problem 21. Explain the concept of "fiduciary duty" and provide an example of it.
Problem 22. Explain the difference between mediation and arbitration.
Problem 23. Define "employment at will".
Problem 24. Explain the difference between a partnership and a limited partnership.