T F 1. States retain the exclusive power to regulate interstate commerce.
T F 2. Commercial speech, such as advertising, enjoys First Amendment
protection in some instances.
T F 3. The tort of disparagement includes threats of force intended to drive away a competitor's business.
4. Monica owed Bob $500, which was more than a year overdue. Bob
got drunk at a party and told everyone there 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 has the defense of truth
(C) Yes, because Bob communicated the statement to third persons
(D) Yes, because many people have outstanding debts
5. Federal question jurisdiction:
(A) is a type of jurisdiction possessed by state trial courts
(B) is the most common form of U.S. Supreme Court jurisdiction
(C) requires that the amount in controversy be at least $50,000
(D) is jurisdiction over questions arising under federal laws, treaties and the U.S. Constitution
(E) both (C) and (D)
T F 6. Comparative fault refers to the amount of fault assessed to each defendant in cases where there are more than one defendant.
T F 7. Courts have been increasingly reluctant to allow third parties to recover for emotional distress resulting from witnessing harm caused to another person by a defendant's negligent acts.
T F 8. Courts and judges make law by using their power to interpret statutes.
T F 9. Implied warranties are not absolute and can be imposed by law.
T F 10. Cybersquatters are on-line vendors who purchase large quantities of products and start selling them for a reduced rate online, devaluing the product for the original producers and distributors.
T F 11. A contract is implied when the parties directly state its terms at the time the contract is formed.
12. To be considered a contract, a promise must be:
(A) to do a legal act
(B) by parties having capacity
(C) voluntarily entered into
(D) for an exact amount of money
(E) all of the above
(F) only (A), (B) and (C)
13. The doctrine of promissory estoppel:
(A) makes all gratuitous promises enforceable
(B) is a remedy designed to prevent unjust enrichment
(C) protects reliance, not bargains
(D) Applies only in situations where a binding contract exists
T F 14. An agent with special knowledge or expertise may not substitute her personal judgment for that of the principal if the principal's
instructions seem unwise to the agent.
15. Duties generally imposed on the principal by the common law are:
(A) The duty to share profits and losses
(B) The duty to reimburse and indemnify
(C) The duty to compensate and keep accounts
(D) The duty to keep the principal informed at all times
(E) Both (A) and (B)
(F) Both (A) and (C)
(G) Both (B) and (C)
(H) All of the above
SHORT ANSWER QUESTION:
1. What must a plaintiff, in a negligence case, prove and establish in order to recover? What are some of the common defenses available to defendants in negligence suits? Provide an example of a negligence case with one of the common defenses.