Business Law 201 Fall 2006
Steven L. Isler
October 24, 2006
Multiple Choice
Identify the letter of the choice that best completes the statement or answers the question.
____ 1. “Tell them Valdez is coming” is a phrase that was used:
a. / In a movie called “Valdez Is Coming” which recounted the war of 1812 / c. / Was the first number one song performed by a Mexican-Americanb. / In a commercial to promote coffee / d. / By Father Sergio Valdez to let the locals know that mass would be starting in one hour
____ 2. In addition to the mandatory requirement of having subject-matter jurisdiction, a court needs to acquire ______jurisdiction over the defendant in all cases
a. / in personam / c. / in remb. / voir dire / d. / nunc pro tunc
____ 3. Jill Kirby sued Anthony Carvello in a New York State court alleging Carvello’s negligence caused a car accident that injured Kirby. Ms. Kirby prepared a complaint and then added the following page:
Verification
I declare under penalty of perjury under the laws of the State of New York that the foregoing is true and correct
Executed on September 10, 2006
Jill Kirby
Jill Kirby
What is true about Ms. Kirby’s Complaint?
a. / It is a verified complaint and Mr. Carvello must answer each and every allegation listed in Ms. Kirby’s Complaint / c. / It is a general complaint and Mr. Carvello need not answer each and every allegation listed in Ms. Kirby’s Complaintb. / It is a verified complaint and Mr. Carvello must answer each and every allegation listed in Ms. Kirby’s Complaint within ten days / d. / It is a general complaint and Mr. Carvello need not answer each and every allegation listed in Ms. Kirby’s Complaint but if he decides to answer the Complaint he must do so within one year
____ 4. WHEREFORE, Plaintiff asks for the following relief: A declaratory judgment that the Defendant has discriminated against Plaintiff and Plaintiff also requests one million dollars.
The above sentence is an example of:
a. / A damage award / c. / A closing phraseb. / A prayer / d. / Wherefore entitlist
____ 5. Able------> Baker------> Charlie
Able, Baker and Charlie are riding eastbound on Interstate 80 in Nevada. Able is a resident of California, Baker is a resident of California and Charlie is a resident of Nevada. Baker tells his riding companion, Darla (a young lady from Persia who is so fine that she stops traffic in San Francisco when she is walking in Los Angeles) that he will make Able crash into Charlie. Darla said “Let’s do it!”
Baker stopped suddenly and then veered out of the way causing Able to hit Charlie. Charlie’s medical bills were $80,000 and Charlie was not amused. Charlie sued Able in Federal District Court in Nevada.
The day before the trial was to begin Darla “found religion” and went to the Nevada District Court to tell what Baker did. The judge accepted Darla’s story and ordered Baker to appear as an indispensable party. Charlie amended his Complaint and included Baker as a defendant.
Presume that the judge accepts the amended complaint. What must the judge do next?
a. / Rule in favor of Charlie / c. / Rule in favor of Ableb. / Dismiss Charlie’s lawsuit / d. / Order Able to sue Baker
____ 6. A fortnight is
a. / a unit of time equal to two weeks or fourteen days / c. / A bar in Harlem, New Yorkb. / a city in Canada / d. / the first night after the fourth full moon of the year
____ 7. Who was Mr. Ki’s favorite group when he was young?
a. / The Kinks / c. / The Jackson Fiveb. / The Rolling Stones / d. / M.C. Hammer
____ 8. Who is number one on my “fine-lady-Hotties-list?”
a. / Halle Berry / c. / Jessica Albab. / Angelina Jolie / d. / Eve
____ 9. Who is number two on my “fine-lady-Hotties-list?”
a. / Lil Kim / c. / Jessica Simpsonb. / Eva Mendes / d. / Eve
____ 10. Chen Shui-Bian, who is sixteen years, old just received his pilot’s license and is about to fly from San Francisco to New York to celebrate his birthday. Chen wants to eat at the world famous Tavern-On-The-Green restaurant and is very excited. Chen has never flown more than an hour at a time but feels up to the task. On the third day of his cross country trip Chen was flying over Des Moines, Iowa at 6:00 p.m. Chen, who had been flying since four o’clock that morning, fell asleep and crashed into a home owned by Anna Kournikova. Neither Anna nor her boyfriend Enrique Iglacious was home as they were sunbathing on Ipanema Beach in Rio de Janeiro; however, Anna’s home was destroyed.
Which of the following statements is true if Anna sues Chen Shui-Bian for negligence?
a. / Chen Shui-Bian will be held liable since his conduct did not conform to the standard of care of a child of like age, education, intelligence and experience. / c. / Chen Shui-Bian will not be held liable because neither Anna nor Enrique suffered any personal bodily harm.b. / Chen Shui-Bian will not be held liable since he is a child but his parents will be held liable for his tortious conduct. / d. / Chen Shui-Bian will be held liable since he did not act as a reasonably prudent person under the same or similar circumstances
____ 11. Steven Isler and his date, Aishwarya Rai, were strolling around “Lake Yoassbedrowned” early one Sunday morning. They were listening to the birds but thinking about the birds and the bees. When Steven thought the time was right he looked at Ms. Rai and whispered “Hey, my little chocolate chip hottie why don’t we go to my place and see if my Vardenafil HCI really works.” Ms. Rai asked “What is Vardenafil HCI?” and Steven replied “Levitra Baby.” Ms. Rai was not amused and ran away in her six inch high heels. Steven sat on a bench and was distraught for five minutes until he saw Eva Longoria. Eva gave Steven “the look” and within minutes they were holding hands walking around the lake. Three minutes later Steven saw Aishwarya in Lake Yoassbedrowned drowning and screaming for help. Aishwarya had fallen into the lake because her heels broke when she was trying to feed the ducks. Steven looked at Eva and said “let’s help her.” Eva replied “No let’s go try the Vardenafil HCI” and off they went to Steven’s Harlem Haven.
Ms. Rai suffered severe damage including two punctured eardrums and sued Steven for negligence. What is the likely result of the lawsuit?
a. / Steven will be held liable because he had a duty to rescue Ms. Rai / c. / Steven will be held liable because he had a duty to rescue Ms. Rai and failed to act as a reasonably prudent personb. / Steven will not be held liable because he acted like a reasonably prudent person by providing for Ms. Longoria / d. / Steven will not be held liable because he had no duty to rescue Ms. Rai and did not fail to act as a reasonably prudent person
____ 12. A man carrying a package jumped aboard a car of a moving train and, seeming unsteady as if about to fall, a guard on the car reached forward to help him in and another guard on the platform pushed him from behind, during which the package was dislodged and falling upon the rails exploded, causing injuries to plaintiff, an intending passenger, who stood on the platform many feet away.
In the above cased, entitled Helen Palsgraf v. The Long Island Railroad Company, Chief Justice Cardozo wrote an opinion for the court explaining the duty that The Long Island Railroad Company owed to Ms. Palsgraf. What duty did the court say was owed?
a. / The court said as long as the railroad had a duty to one person they had a duty to all plaintiffs so they owed a duty to Ms. Palsgraf / c. / The court said as long as the railroad had a duty to one person they had a duty to all foreseeable plaintiffs so they owed a duty to Ms. Palsgrafb. / The court said that Ms. Palsgraf was not a foreseeable plaintiff within the zone of danger and the railroad owed her no duty / d. / The court said that Ms. Palsgraf was not a foreseeable plaintiff within the zone of danger and the railroad owed her no duty based on the doctrine of Res Ipsa Loquitur
____ 13. Under the common law guests:
a. / were treated as invitees / c. / were treated as passengersb. / were treated as licensees / d. / were treated as trespassers and no duty of care were owed to them even if they were in an automobile with permission
____ 14. With respect to negligence, professionals:
a. / are required to possess and exercise the knowledge and skill of a member of the profession in good standing in the community and must use such superior knowledge as he/she possesses / c. / are required to act as reasonably prudent people under the same or similar circumstancesb. / are liable for even slight negligence / d. / are not held liable if they do all that they possibly can under the circumstances
____ 15. Which of the following statements, if any, is(are) true?
1. As a general rule landowners owe no duty to trespassers
2. Licensees are guests and have permission to enter a landowner’s property.
3. Invitees are business visitors
a. / All of the above statements are true / c. / Statements 2 and 3 are trueb. / Statements 1 and 2 are true / d. / All of the above statements are false
____ 16. Sine Qua Non means “without which it could not be” and is :
a. / a test used in negligence cases to determine causation in fact / c. / A phrase made famous by Justice Cardozob. / a test used in criminal cases to determine guilt or innocence / d. / utter gibberish and is a poor attempt by Professor Isler to fool intimidated students
____ 17. A viable fetus is one:
a. / that is at least eight months in duration / c. / that enjoys no protections under the lawb. / capable of living outside the mother’s womb / d. / none of the above
____ 18. Jet Li fails to remove ice from his sidewalk. Chow Yun-Fat walks on the sidewalk and slips and breaks his leg. Chow is rushed to the hospital where a doctor negligently treats him and Chow suffers a staff infection. With respect to the aggravated injury:
a. / Jet Li is not liable / c. / Jet Li is liable for the broken leg but not the infectionb. / Jet Li is liable because the doctor’s actions are a foreseeable intervening force / d. / Jet Li is not liable because he did not set the things in motion that caused the aggravated injuries
____ 19. Ivan threatens Jean with a gun, then shoots her.
What is true about this set of facts?
a. / The pointing of a gun at Jean is an assault / c. / No tort is committed here because the conduct is not harmful or offensiveb. / The firing of the gun, if the bullet hits Jean, is a battery / d. / Both “a” and “b” are true
____ 20. Dale hears Ed falsely accuse Flo of stealing from Great Warehouse, Inc., their employer. Ed's statement is defamatory
a. / because Dale heard it.b. / only if Ed made the statement loudly.
c. / only if Ed's statement is also published in the Dispatch, a local paper.
d. / only if Flo suffers emotional distress.
____ 21. Kelly is an appliance salesperson. Kelly commits fraud if, to make a sale, she
a. / discloses the truth.b. / represents as a fact something that she knows is untrue.
c. / states an opinion concerning something that she knows nothing about.
d. / uses puffery.
____ 22. Curt, a dairy goods salesperson, follows Dona, a competitor's salesperson, as she visits convenience stores to make sales. Curt solicits each of Dona's customers. Curt is likely liable for
a. / conversion.b. / trespass to personal property.
c. / wrongful interference with a business relationship.
d. / wrongful interference with a contractual relationship.
____ 23. Betty owns a large ranch in Colorado. Dan drives his sport utility vehicle off a highway and onto Betty's land. Dan commits trespass only if he
a. / does not have Betty's permission to drive on the property.b. / drives onto the property for recreational purposes.
c. / harms the property in a material way.
d. / harms the property in any way.
____ 24. The state of New York regulates private activities to protect or promote the public order, health, safety, and general welfare under its
a. / police powers.b. / taxing powers.
c. / spending powers.
d. / supremacy powers.
____ 25. The police obtain a search warrant and search Dave's apartment. After yelling obscenities at the officers, Dave confesses to a crime and implicates his friends. The Constitution protects against
a. / obscene speech only.b. / others' implication only.
c. / unreasonable searches only.
d. / obscene speech, others' implication, and unreasonable searches.
____ 26. Ilsa files a suit against Jack. The document that sets out the ground for the court's jurisdiction, the basis of Ilsa's case, and the relief that Ilsa seeks is
a. / the answer.b. / the complaint.
c. / the service of process.
d. / the summons.
____ 27. In the landmark court case Plessey vs. Ferguson the U.S. Supreme Court established the idea of "separate but equal." This case allowed legal segregation. Later, in another landmark case, Brown vs. Board of Education Topeka, Kansas, The U.S. Supreme Court ordered the integration of America "with all deliberate speed."
The above cases demonstrate:
a. / The U.S. Supreme Court following the principle of stare decisis / c. / The U.S. Supreme Court following the equitable maxim of “latches.”b. / The U.S. Supreme Court failing to follow the principle of stare decisis / d. / The U.S. Supreme Court failing to follow the equitable doctrine of “latches.”
____ 28. The normal rule is that federal appellate courts (courts of appeal) review legal interpretations of law and defer to the facts of the trial court. There is an exception to this rule wherein federal appeals courts do not have to defer to the district court’s finding of fact and may make an independent examination. This is allowed in