Business Law 201 Spring 2008 mw prof. Isler March 19, 2008


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NameBusiness Law 201 Spring 2008 mw prof. Isler March 19, 2008
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Business Law 201 Spring 2008 MW Prof. Isler March 19, 2008

True/False

Indicate whether the sentence or statement is true or false.

____ 1. The federal government cannot regulate commerce within a state, even if the commerce concerns more than one state.

____ 2. Federal courts are superior to state courts.

____ 3. A person who enters into a contract when he or she is intoxicated can void the contract only if the intoxication was involuntary.

____ 4. Tort law provides legal remedies for both personal injury and property damage.

____ 5. Food is the only thing that courts have been willing to define as "necessary."

____ 6. An illusory promise is a promise that is enforceable without consideration.

____ 7. A quasi contract is not an actual contract.

____ 8. A minor's right to disaffirm a contract terminates automatically when the person reaches the age of majority.

____ 9. Common law is a term for law that is common throughout the world.

____ 10. Voir dire is a process for presenting evidence in a case.

____ 11. Any lawsuit involving a federal question can originate in a federal court.

____ 12. An agreement includes an offer and an acceptance.

____ 13. The state governments retain all powers not specifically delegated to the federal government.

____ 14. Generally, a state court can exercise jurisdiction over a nonresident by showing that he or she had minimum contacts with the state.

____ 15. The preexisting duty rule permits a party who is bound by contract to perform a certain duty to use that duty as consideration for a second contract.

____ 16. A crime of bribery can be committed even if the recipient does not do what the person offering the bribe asks.

____ 17. Criminal liability does not depend on a specific state of mind or intent.

____ 18. The Constitution provides for three branches of government.

____ 19. An answer can admit to the allegations made in a complaint.

____ 20. Every state has adopted the Uniform Commercial Code in its entirety.

____ 21. Testimony given in court about what someone heard someone else say is not admissible as evidence.

____ 22. Consideration is the value given in return for a promise.

____ 23. A battery occurs only if the victim suffers actual physical harm.

____ 24. The doctrine of quasi contract applies only if there is an actual contract that covers the area in controversy.

Multiple Choice

Identify the letter of the choice that best completes the statement or answers the question.

____ 25. Driving his sport utility vehicle negligently, Doobie Rollemtite crashes into a streetlight. The streetlight falls, smashing through the roof of a house, killing Chris instantly. But for Doobie’s negligence, Chris would not have died. Regarding the death, the crash is the


a.

cause in fact.

b.

intervening cause.

c.

proximate cause.

d.

superseding cause.

e.

not so bad because Chris died instantly and that is a lot better than having a truck fall on his head


____ 26. Swisher Sweet City enacts an ordinance to allow only a few street vendors to operate in certain areas, for the purpose of reducing traffic. A court would likely hold this to be

a.

constitutional under the due process clause.

b.

constitutional under the equal protection clause.

c.

unconstitutional under the due process clause.

d.

unconstitutional under the equal protection clause.


____ 27. The state of Iowa (Iowa Code Ann. §. 595.11) defines a marriage as
A relationship between two parties whereby:
1. The two parties must: agree that they are married;

2. The two parties must live together;

3. The two parties must hold themselves out as being married; and

4. The marriage need not satisy any time requirement

Common Rafael and Ralph lived in Iowa and complied with the above-referenced statute for ten years. After Rafael’s company moved to California he and Ralph moved to San Francisco. When Rafael applied for medical benefits from the City of San Francisco for Ralph the benefits were denied as the city clerk stated “Under the laws of California you are not married and we need not give you Full Faith and Credit.”
What is true about the clerk’s statement?


a.

The clerk’s statement is incorrect in every way.

c.

The clerk’s statement is incorrect because the issue deals with the Privileges and Immunities Clause.

b.

the clerk’s statement is correct because California does not recognize same sex marriages and the clerk cannot be forced to violate California’s Constitution.

d.

the clerk’s statement is correct because California recognizes common-law marriages that were valid in other states no matter what the sex of the participants are.


____ 28. LL Cook Jay drops a bowling ball on Kyla's foot. LL is liable for negligence if he acted

a.

unrealistically.

b.

unreasonably.

c.

unrecognizably.

d.

unreliably.


____ 29. 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.


____ 30. Attendance- Killing him.........

a.

softly with her song

c.

instantly

b.

with kindness

d.

without a defence equals homicide


____ 31. An Iowa state statute requires amusement parks to maintain equipment in specific condition for the protection of patrons. Jack's Fun Park fails to maintain its equipment. Kay, a patron, is injured. Jack's has committed

a.

a dram shop act.

b.

contributory negligence.

c.

negligence per se.

d.

res ipsa loquitur.


____ 32. Gail is a "payday" lender charged with filing false claims in bankruptcy proceedings against her debtors. The standard of proof to find a defendant who has been charged with a crime guilty is

a.

a preponderance of the evidence.

b.

beyond all doubt.

c.

beyond a reasonable doubt.

d.

clear and convincing evidence.


____ 33.


Everyone knows that Professor Isler is the original Mack. Helen points a gun at Professor Isler, threatening to shoot him. Professor Isler then pulls out his famous automag and “busts a cap” in Helen’s ass, causing her death. Charged with homicide, Professor Isler can most likely successfully claim as a defense,

a.

consent.

b.

duress.

c.

entrapment.

d.

self-defense.


____ 34. Ben files a suit in a federal district court against Cathy. Cathy loses the suit, appeals to the U.S. Court of Appeals for the Second Circuit, and loses again. Cathy asks the United States Supreme Court to hear the case. The Court is

a.

not required to hear the case.

b.

required to hear the case because Cathy lost in a federal court.

c.

required to hear the case because Cathy lost in a lower court.

d.

required to hear the case because it is an appeal.


____ 35. Jay is charged with embezzlement. Embezzlement is not robbery because embezzlement may be committed without

a.

a criminal act.

b.

a criminal intent.

c.

taking property from its owner.

d.

the use of force of fear.


____ 36. Phil sets fire to his house. At common law, the crime of arson could be committed only if a person burned down

a.

a commercial building.

b.

an unoccupied structure.

c.

his or her own house.

d.

the house of another person.


____ 37.
Professor Isler has a dog that he is allergic to. What kind of Dog is it?

a.

A Poodle

c.

a Cocker Spaniel

b.

A Doberman

d.

A Boxer


____ 38. The Grand Wizzard of the KKK wants to speak in San Mateo in Central Park. The Permits Clerk at City Hall recognized the Grand Wizard and said “I cannot give you a permit because you appear to be white and we only give permits to people that are members of minority groups.”

The Grand Wizard files a law suit against the City of San Mateo based on the Equal Protection Clause of the United States. Judge Big Booty Betty agrees to hear the case and has asked you for your advice. Which of the following sentences would provide the best advice?



a.

Judge Betty you should use the Rational Basis Test and rule in favor of the City because safety is at issue because a riot could break out!.

d.

Judge Betty you should use the Rational Basis Test and rule in favor of the the Grand Wizzard because safety is at issue.

b.

Judge Betty you should use the Strict Scrutiny Test and rule in favor of the City because a fundamental right is at issue.

e.

Judge Betty, how did you get your name?

c.

Judge Betty you should use the Strict Scrutiny Test and rule in favor of the Grand Wizzard because a fundamental right is at issue.


____ 39. Nick sees Opal, a stranger, in peril, but does not attempt to rescue her. Opal could successfully sue Nick for

a.

negligence per se.

b.

nothing.

c.

a violation of the "danger invites" rescue doctrine.

d.

a violation of a Good Samaritan statute.


Fact Pattern 3-2

Diners Corporation files a suit against Eateries, Inc.

____ 40. Refer to Fact Pattern 3-2. The attorney for Eateries also questions Floyd. This is

a.

a cross-examination.

b.

a direct examination.

c.

an interrogatory.

d.

a request for admissions.


____ 41. Refer to Fact Pattern 3-2. During the trial, Diners' attorney questions the plaintiff's witness Floyd. This is

a.

a cross-examination.

b.

a direct examination.

c.

an interrogatory.

d.

a request for admissions.


____ 42. Refer to Fact Pattern 3-2. After Diners' attorney's presents the plaintiff's case, the attorney for Eateries can

a.

file a motion for a directed verdict only.

b.

file a motion for a directed verdict or present the defendant's case.

c.

neither file a motion for a verdict nor present the defendant's case.

d.

present the defendant's case only.


____ 43. Alex, a physician, renders aid to Burt, who is injured and unconscious. Alex can recover the cost of the aid from Burt

a.

even if Burt was not aware of the aid.

b.

only if Burt recovers because of the aid.

c.

only if Burt was aware of the aid.

d.

under no circumstances.


____ 44. In Ed's suit against First National Bank, the discovery phase would include all of the following except

a.

Ed's complaint.

b.

Ed's deposition.

c.

Ed's requests for First National's admissions.

d.

First National's replies to Ed's interrogatories.


____ 45. Freida and Gail enter into a bilateral contract, which is created when Freida gives a promise in exchange for Gail's

a.

payment of money only.

b.

performance of a particular act only.

c.

promise only.

d.

prudent awareness only.


____ 46. 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.


____ 47. If there is a direct conflict between a federal law and an Alaska state law

a.

Alaska's law takes precedence.

b.

both laws are invalid.

c.

both laws govern concurrently.

d.

the federal law takes precedence if the federal government intended to occupy this field of law


____ 48. In Case 7.2, Palsgraf v. Long Island Railroad Co., the court decided that the railroad employee's conduct was not wrong in relation to Palsgraf but did not decide whether the conduct was negligent toward the man with the package (that led to Palsgraf's injury). If the court determined that the railroad employee was negligent with regard to the man with the package, would the railroad have been liable for the injury to Palsgraf?

a.

Yes, because negligence to one party creates negligence to all other parties injured as a result.

b.

No, because Palsgraf's injury was still not foreseeable.

c.

Yes, because of the doctrine of assumption of risk.

d.

No, because Palsgraf was also negligent.


____ 49. Joy invites Kent into her apartment. Kent commits trespass to land if he

a.

enters the apartment with fraudulent intent.

b.

harms the apartment in any way.

c.

makes disparaging remarks about Joy to others.

d.

refuses to leave when Joy asks him to go.


____ 50. Eve, an architect, hires Frank, an accountant, to handle her accounts. Dissatisfied with Frank's work, Eve sues him, alleging negligence. Frank may successfully defend against the suit by proving that he

a.

did not injure Eve in any way.

b.

does not know every principle of accounting.

c.

performed as well as an ordinary person could have.

d.

performed as well as Eve could have.


____ 51. 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.


____ 52. At Sea Food Cafe, Tom believes that he was overcharged and shoves Wally, a waiter. Wally sues Tom, alleging that the shove was a battery. Tom is liable if

a.

Sea Food did not overcharge Tom.

b.

the shove was offensive.

c.

Tom acted out of malice.

d.

Wally did not wait on Tom.


____ 53. Alan is a judge. The function of Alan and other judges is to

a.

decide cases on the basis of their opinions about the issues.

b.

decide cases on the basis of their personal philosophical views.

c.

interpret and apply the laws.

d.

make the laws.


____ 54. On Tad's eighteenth birthday, he decides that he no longer wants to keep a car he bought from U-Pick Autos, Inc., when he was seventeen. His right to disaffirm the deal will depend on

a.

the car's condition when Tad bought it.

b.

the car's current condition.

c.

whether Tad acts within a reasonable period of time.

d.

whether U-Pick has the right to disaffirm.


____ 55. Beth is injured in a car accident and sues Carl, alleging negligence. Carl claims that Beth was driving more carelessly than he was. Comparative negligence may reduce Beth's recovery

a.

even if Beth was only slightly at fault.

b.

only if Beth was as equally at fault as Carl.

c.

only if Beth was less at fault than Carl.

d.

only if Beth was more at fault than Carl.


____ 56. Jay tells Kim that he will buy her textbook from the last semester for $80. Kim agrees. Jay and Kim have

a.

an express contract.

b.

an implied-in-fact contract.

c.

an implied-in-law contract.

d.

a quasi contract.


____ 57. Not just no,

a.

yes, yes, yes

c.

you are getting a “D”

b.

go, go, go

d.

hell no


____ 58. Officer Jones received a report of loud music coming from 1313 Mockingbird Lane in San Mateo. Officer Jones responsed to the call and knocked on the door. Peggy, who was not the homeowner, opened the door. Officer Jones noticed cocaine on the coffee table two feet from the door. Officer Jones then entered the house and confiscated the cocaine.
What is true about officer Jones’ seizure of the cocaine?


a.

The seizure was unreasonable because Jones failed to obtain a warrant

c.

The seizure was reasonable because the cocaine was in plain view

b.

The seizure was unreasonable because there were no exigent circumstances

d.

The seizure was reasonable because the cocaine was within Peggy’s wingspanin plain view


____ 59. As a joke, Fran hides Gary's business law book so that he cannot find it during the week before the exam. Fran is liable for

a.

appropriation.

b.

disparagement of property.

c.

trespass to personal property.

d.

wrongful interference with a business relationship.


____ 60. John sees that Kris is about to step into the path of an oncoming bus. If John does not warn Kris of the danger, John is liable

a.

only if Kris is injured.

b.

only if Kris is not injured.

c.

regardless of the consequences to Kris.

d.

under no circumstances.


____ 61. Attendance- Jerry, an illegal alien has a relationship with Tara, a U.S. Citizen. Tara has a baby boy named Big Head Joe who was born in a California hospital. What is true about these facts?


a.

Big Head Joe and Jerry are U.S. citizens the moment Big Head joe is born on U.S. soil.

c.

Jerry becomes a citizen three years after Big Head Joe is born

b.

Big Head Joe is a citizen.

d.

Neither Big Head Joe or Jerry become citizens upon ig Head Joe’s birth.


____ 62. According to Professor Isler, students who come to his class wearing Boston Red Sox caps are:

a.

Among the most intelligent forms of life on Earth

c.

Smart because the Red Sox are the world champions

b.

Rude because one should not wear caps indoors

d.

Morons who should be tied to a poll in downtown San Mateo so that citizens who walk buy can give them a wack on the ass with things like golfclubs, bats, bricks and bottles.


____ 63. Dave pushes Ella to the ground, grabbing her purse as she falls. The use of force or fear is required for this act to constitute

a.

burglary.

b.

forgery.

c.

larceny.

d.

robbery.


____ 64. Harry, a computer programmer for Inventory Control Corporation, is arrested in his employer's parking lot on suspicion of larceny. Harry must be informed of his right to

a.

a trial by jury.

b.

punishment.

c.

question witnesses.

d.

remain silent.


____ 65. Attendance- During the current semester Professor Isler went on a trip to

a.

The Daytona 500 and to see the Yankees play spring training games

c.

Japan for a long weekend

b.

The NBA All-Star Game

d.

Puerta Vallarta


____ 66. Bob claims that Carol breached their contract. Carol responds that she never intended to enter into a contract with Bob. The intent to enter into a contract is determined with reference to

a.

the conscious theory of contracts.

b.

the objective theory of contracts.

c.

the personal theory of contracts.

d.

the subjective theory of contracts.


____ 67. Attendance- Professor Isler’s neighbor’s name is

a.

LeLani

c.

Layla

b.

Betty

d.

Georgia


____ 68. Mary promises to pay her assistant Ned $10,000 in consideration of the services he provided over the years. Mary never pays Ned. Mary is

a.

liable for payment of the $10,000.

b.

liable only if Ned still works for Mary.

c.

not liable, because the consideration is in the past.

d.

not liable, because the consideration was unintentional.


____ 69. Kay files a suit against Larry based on one of Larry's statements that Kay alleges is fraudulent. To give rise to fraud, the statement must be one of

a.

delusion.

b.

fact.

c.

opinion.

d.

truth.


____ 70. The federal government and the state governments constitute the U.S. legal system. This system is based on the legal system of

a.

Ancient Greece.

b.

Ancient Rome.

c.

England.

d.

France.


____ 71. Stan, a citizen of Texas, wants to file a suit against Uma, a citizen of Virginia. Their diversity of citizenship may be a basis for

a.

any court to exercise in rem jurisdiction.

b.

a federal district court to exercise original jurisdiction.

c.

a U.S. court of appeals to exercise appellate jurisdiction.

d.

the United States Supreme Court to issue a writ of certiorari.


____ 72. Eve, a First Bank employee, deposits into her account checks that are given to her by bank customers to deposit into their accounts. This is

a.

embezzlement.

b.

forgery.

c.

larceny.

d.

robbery.


____ 73. 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.


____ 74. Bob pushes Carol. Carol falls and breaks her arm. Bob is liable for the injury

a.

if Bob intended to push Carol.

b.

only if Bob did not intend to break Carol's arm.

c.

only if Bob had a bad motive for pushing Carol.

d.

only if Bob intended to break Carol's arm.


____ 75. South Carolina enacts a statute to impose a prison term, without a trial, on all street vendors who operate in certain areas. A court would likely hold this to be

a.

constitutional under the due process clause.

b.

constitutional under the equal protection clause.

c.

unconstitutional under the due process clause.

d.

unconstitutional under the equal protection clause.


____ 76. Extra Credit

Which of the following statements is true?


a.

Professor Isler collects watches and his favorite is a Patek Philippe

c.

Professor Isler is getting married on June 1, 2008

b.

Professor Isler collects sports jackets and his favorite is a 1927 Red Sox Jacket

d.

Professor Isler is an excellent swimmer


Business Law 201 Spring 2008 MW Prof. Isler March 19, 2008

Answer Section

TRUE/FALSE

1. ANS: F

2. ANS: F

3. ANS: F

4. ANS: T

5. ANS: F

6. ANS: F

7. ANS: T

8. ANS: F

9. ANS: F

10. ANS: F

11. ANS: T

12. ANS: T

13. ANS: T

14. ANS: T

15. ANS: F

16. ANS: T

17. ANS: F

18. ANS: T

19. ANS: T

20. ANS: F

21. ANS: T

22. ANS: T

23. ANS: F

24. ANS: F

MULTIPLE CHOICE

25. ANS: A

26. ANS: B

27. ANS: B

The clerk’s statement is correct because California does not recognize same sex marriages and the clerk cannot be forced to violate California’s Constitution.

DIF: Easy

28. ANS: B

29. ANS: A

30. ANS: C

31. ANS: C

32. ANS: C

33. ANS: D

34. ANS: A

35. ANS: D

36. ANS: D

37. ANS: C

38. ANS: C

NOT: A fundamental right is a issue demanding strict scritiny where the state almost always loses!

39. ANS: B

40. ANS: A

41. ANS: B

42. ANS: B

43. ANS: A

44. ANS: A

45. ANS: C

46. ANS: B

47. ANS: D

48. ANS: B

49. ANS: D

50. ANS: A

51. ANS: A

52. ANS: B

53. ANS: C

54. ANS: C

55. ANS: A

56. ANS: A

57. ANS: D

58. ANS: C DIF: Moderate

59. ANS: C

60. ANS: D

61. ANS: B

Big Head Joe is a citizen because he was born on U.S. soil. This does not change Jerry’s status in any way.

62. ANS: D

63. ANS: D

64. ANS: D

65. ANS: A

66. ANS: B

67. ANS: C

68. ANS: C

69. ANS: B

70. ANS: C

71. ANS: B

72. ANS: A

73. ANS: C

74. ANS: A

75. ANS: C

76. ANS: A

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