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Fragen in diesem Quiz (45)
1The doctrine that requires judges to follow decisions of earlier courts when presented with a similar set of circumstances is known as
- Acaveat emptor
- BThe common Law
- Cstare decisis
2The notice to the defendant that a suit has been filed is called?
- AA deposition
- BA summons
- CA subponea
3The power of a court to hear and determine a matter before it is called
- AThe law
- BVenue
- CJurisdiction
4Johnson was driving in state A. He is a citizen of state A and strikes Smith who is a citizen of state B causing no personal injury to B but damaging the fender of B's car. The accident happens in state A.
- ASmith may sue Johnson in the state courts of state A
- BSmith may sue Johnson in the state courts of state B
- CSince there is diversity of citizenship Smith may sue in the U.S. District Court
5All of the following are necessary elements of negligence except
- Aduty of care
- Binjury
- Capproximate cause
6Strict products liability extends to all of the following except
- Athe retailer.
- Bthe maker of component parts
- Cthe consumer
7A contract from which one of the parties may withdraw at his election, but which is otherwise binding, is a/an:
- AVoidable contract
- BVoid contract
- CUnenforceable contract
8Seller wrote Lewis, "I will sell you my 1951 Chevrolet sedan - the blue one-- for $1700 cash. You must accept this offer before noon Friday."
- AIf Lewis indicates that he may accept on Thursday but does not make the acceptance firm until 1:00 p.m. Friday, a contract results
- BLewis will have a reasonable time within to accept Seller's offer
- CSeller's offer terminates Friday at noon
9A store advertises a stereo in the local newspaper at a certain price. This is an example of a(n):
- AOffer
- BMarket price statement
- CContract
10The following is not an example of an intentional tort
- ANegligence
- BBattery
- CDefamation
11The mailbox rule generally makes acceptance of an offer effective at the time the acceptance is dispatched. The mailbox rule does not apply if
- ABoth the offeror and offeree are merchants
- BThe offer proposes a sale of real estate
- CThe offer provides that an acceptance shall not be effective until actually received
12A contract was created by a false representation of a material fact. The fact was known to be false by the person making the representation, and there was intent to deceive the party who relied on the representation to his detriment. The contract is voidable on the basis of:
- AUndue influence
- BDuress
- CFraud
13Grove is seeking to avoid performing a promise to pay Brook $1,500. Grove is relying on lack of consideration on Brook’s part. Grove will prevail if he can establish that
- ABrook’s only claim of consideration was the relinquishment of a legal right
- BPrior to Grove’s promise, Brook had already performed the requested act
- CBrook’s asserted consideration is only worth $400.
14Law is a body of enforceable rules governing relationships among individuals and between indidviduals and their society
- ARichtig
- BFalsch
15Legal positivists believe that law should reflect universal moral and ethical principles that are part of human nature
- ARichtig
- BFalsch
16The doctrine of stare decisis obligates judges to follow precedents established in their jurisdictions.
- ARichtig
- BFalsch
17Common law develops from rules of law announced in court decisions.
- ARichtig
- BFalsch
18Statutory law is legislation
- ARichtig
- BFalsch
19A federal statute takes precedence over the U.S. Constitution.
- ARichtig
- BFalsch
20Congress enacted the Uniform Commercial Code for adoption by the states
- ARichtig
- BFalsch
21Criminal Law covers disputes between persons, and between persons and their governments.
- ARichtig
- BFalsch
22In most states, the same court can grant legal or equitable remedies.
- ARichtig
- BFalsch
23A citation includes the name of the judge who decided the case.
- ARichtig
- BFalsch
24The common law system on which the American legal system is baded, involves the application of principles applied in earlier cases with similar cases
- ARichtig
- BFalsch
25The use of Previous case law, or precedent, is known as the doctrine of star decisis, and permits a predictable resolution of cases
- ARichtig
- BFalsch
26Taylor is a legal positivists. Taylor believes that
- AThe law should be applied the same in all cases in all circumstances
- Bthe law should reflect universal principles that are part of human nature.
- CThe law should strictly follow decisions made in past cases
- Dthe written law of a society at a particular time is most significant.
27In a suit between best products, inc. and central sales corporation the court applies the doctrine of stare decisis. this means the court follows rules of law established by:
- Aall courts
- Bcourts of higher rank only
- Ccourts of lower rank only
- Dno courts
28In a suit between delta data company and eagle info inc. the court applies the doctrine of stare decisis. this requires that the court to find cases that, compared to the case before it, has
- Ahas entirely different facts
- Bno facts, only conclusions of law.
- Cprecisely identical facts
- Dsimilar facts
29In a suit between Retail outlets company and shoppers mall the court orders a rescission. This is
- AAn action to cancel a contract and return the parties to the positions they held before the contract formation
- Ban award of damages
- Can order to do or refrain from doing a particular act
- Dan order to perform what was promised.
30In a given case, most courts may grant
- Aequitable remedies only
- Blegal remedies only
- Cequitable or legal remedies but not both
- Dequitable remedies legal remedies or both
31The U.S. Constitution takes precedence over
- Aa provision in a state constitution or statute only
- Ba state supreme court decision only
- Ca state constitution, a statute, and court decision
- Dnone of the above
32Case law includes interpretations of federal and state
- Aadministrative rules and statutes only
- BConstitutions only
- Cadministrative rules, statues, and constitutions.
- Dnone of the above
33Civil law concerns
- Adisputes between persons, and between persons and their governments.
- Bonly laws that define, describe, regulate, and create rights and duties
- Conly laws that establish methods for enforcing rights
- Dwrongs committed against society for which society demands redress.
34The sources of international law include
- ACustoms that have evolved among nations in their relations only
- Binternational organizations and treaties only
- Claws of individual nations only
- Dinternational customs organizations and treaties and national law
35A concurring opinion, written by one of the judges who decides a case before a multi-judge panel, is
- AAn opinion that is written for the entire court
- Ban opinion that outlines only the views of the majority
- Ca separate opinion that agrees with the court's ruling but for different reasons
- Da separate opinion that does not agree with court's ruling
36Under a long arm statute, a state court can obtain jurisdiction over an out-of-state defendant
- ARichtig
- BFalsch
37Doing substantial business in a jurisdiction over the Internet can be enough to support a court's jurisdiction over an out of state defendant.
- ARichtig
- BFalsch
38The united states supreme court is the final authority for any case decided by a state court.
- ARichtig
- BFalsch
39Suites involving federal questions originate in federal district courts.
- ARichtig
- BFalsch
40An answer may admit or deny the allegations in a complaint.
- ARichtig
- BFalsch
41A motion for summary judgment may be supported by sworn statements and otehr materials.
- ARichtig
- BFalsch
42only a losing party may appeal to a higher court
- ARichtig
- BFalsch
43most lawsuits go to trial
- ARichtig
- BFalsch
44In mediation, a mediator makes a decisions on the matter in dispute
- ARichtig
- BFalsch
45Most states do not enforce arbitration clauses
- ARichtig
- BFalsch
Informationen
- Beschreibung
- Quiz am Ohne Titel, erstellt von makaela0816 am 19/09/2014.
- Autor
- makaela0816
- Sprache
- English
- Aufrufe
- 9
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