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American law originates from England France Germany Indonesia The United States

ID: 427338 • Letter: A

Question

American law originates from

England

France

Germany

Indonesia

The United States Constitution is what type of document

Federal

State

Municipal

International

Which of the following is not a source of American law.

Americans with Civil Rights Act

Mississippi Aviation Statute

Lorman Noise Control Ordinance

Fraternal Order of Police bylaw

Which of the following (below) is not a source of American law?

North Atlantic Free Trade Agreement

Resolution passed by Congress to fund war with Iraq

Executive Order to stop stem cell cultivation

Geneva convention peace resolution

Which of the following is not a source of American law?

U.S.-Taiwan Treaty

U.S.-Japan Trade Agreement

U.S-Mexico Trade Agreement

U.S.-Britain agreement to meet in Ireland for peace summit

U.S. Presidents Jimmy Carter, Ronald Reagan, George Bush, Barack Obama represent . . .

The judicial branch of state government

The executive branch of local government

The legislative branch of American government

The executive branch of federal government

Mississippi governors Phil Bryant, Ronnie Musgrove and Haley Barbour represent . . .

The executive branch of state government

The legislative branch of American government

The legislative branch of state government

The judicial branch of local government

What clause in the Constitution confers upon Congress the power to regulate commerce?

Article I section 8 clause 3 (Commerce Clause)

Article VI (the Supremacy Clause)

Article IV (Full Faith and Credit Clause)

Article II (the Executive Privilege Clause)

Which of the following is not a source of American law?

Jackson ordinance against profiling.

Mississippi statute on trespass.

Civil Rights Act

NAACP resolution against discrimination

Standing alone, the First Amendment freedom of speech applies to which of the following parties:

Private university police officer tells student not to talk in classroom

State legislative representative who tells secretary not to speak else she’ll be fired

President of U.S. who tells undercover agent not to speak out against Iraq war

City mayor who tells demonstrators they cannot talk while marching

To whom does the First Amendment freedom of speech protection (as applied by the Fourteenth Amendment) not pertain:

Public university police officer tells student not to talk in classroom

City mayor who tells demonstrators they cannot talk while marching

State legislature who tells secretary not to speak else she’ll be fired

President of U.S. who tells undercover agent not to speak out against Iraq war

Which is not a basis of American law

Common law

Policy law

Case law

Judge-made law

An employer decides to fire an employee on the basis of gender. Which of the following applies?

The employer’s action is ethical.

The employer’s action is ethical and illegal.

The employer’s action is illegal.

The employer’s action is unethical and illegal.

Which of the following statements regarding commercial speech for businesses is accurate?

Commercial speech enjoys the same Constitutional protections as noncommercial speech.

Commercial speech provides an absolute guarantee of freedom to advertise

Fraudulent commercial speech is protected.

Truthful commercial speech is protected.

Which statement is most correct?

Appellate courts focus on errors of law made at the appellate level.

Appellate courts focus on errors of law made at trial.

Appellate courts focus on factual errors made trial.

Appellate courts focus on fact-finding

Specific performance is a contractual remedy at law or at equity?

Equity

Law

None of the above

both

In which scenario will a court of equity grant the remedy of specific performance?

To make Frank Sinatra sing at a concert he doesn’t want to sing at.

To make Acme chemical deliver bleach it doesn’t want to deliver.

To make a doctor perform a surgery doctor doesn’t want to perform.

To make home seller sell home, he doesn’t want to sell.

True or False: American citizens have unlimited rights.

False

True

Maybe

Sometimes

American citizens have rights emanating from which of the following source:

Government (state, local, federal)

U.S. Constitution

U.S. Supreme Court cases

All of the above

None of the above.

What are the three levels of American government?

Legislative, Executive, Judicial

Federal, State, Local

United States’ form of government

Congress, President, Supreme Court

What are the Civil War Amendments?

13th, 14th, 15th

9th, 10th, 11th

1st, 2nd, 3rd,

Equal protection, Privileges and Immunities, and Due Process

What is most significant about the 13th Amendment? (You better know this questions)?

It freed the slaves

It is after the 12th Amendment

It precedes the 14th Amendment

It proscribes individual conduct

Abraham Lincoln helped it get ratified

In which instance would the Fourteenth Amendment be applicable?

To stop a private individual from discriminating against a Black.

To stop a private individual from discriminating against a Mexican.

To stop a state official from discriminating against a Black.

To stop a federal official from discriminating against a Mexican.

A reading of the Preamble demonstrates reasons for writing the Constitution. Which is not one of them?

to form a more perfect union

to promote the general welfare of American citizens

to establish provide opportunities for each citizen to have life

to provide for the common defense

to establish justice and liberty in the United States

What are the first ten amendments to the U.S. Constitution called?

The Declaration of Independence

The First Ten

The Bill of Rights

Unalienable Rights

Which of the following freedoms is NOT guaranteed by the first amendment?

the right to bear arms (guns)

the right to free speech

the right to a free press

O.J. Simpson is on trial for the murder of Nichole Brown Simpson and Ronald Goldman. What body of law will handle the adjudication of the criminal case? O.J. Simpson is found not guilty. If the family of Nichole Brown Simpson and Ronald Goldman now elect to sue for damages (money), what body of law will handle the adjudication of the case? Choose the best answer.

Tort law

The civil law

The administrative law

The judicial law

Personal injury law is synonymous with

Tort law

Contracts law

Criminal law

Property law

To succeed in a lawsuit for assault, the apprehension of a battery must be :

reasonable

required

wrecked

demolished

In a battery lawsuit, the contact with a person must intentional or unintentional.

Intentional

Unintentional

Either intentional or unintentional

Neither intentional or unintentional

Can an assault occur if the Plaintiff is unaware of the assaulting conduct?

Yes

No

What is the appropriate lawsuit where a Plaintiff is made to experience severe emotional distress because of the Defendant’s OUTRAGEOUS conduct

Intentional infliction of fear

Intentional infliction of emotional distress

Intentional infliction of physical distress

Intentional infliction of psychological distress

Doing with someone else’s personal property that only the legal owner has the right to do constitutes the tort of

Conversion

Conflict

Contravention

Condution

Driver is stopped at a red light. Tim Trucker works for Gasoline Transport, LLC. Trucker is stopped beside Driver with a full load of gasoline in the back. Suddenly a huge explosion occurs injuring Driver. Investigations report that the Trucker had not sealed the gas tank and the truck exploded badly burning driver. Is Gasoline Transport Trucker liable?

Yes, because the trucker is engaged in ultrahazardous activity.

Yes, because the trucker is engaged in a careless act.

No, because the trucker is not engaged in ultrahazardous activity.

No, because the trucker is not engaged in a careless act.

Driver is stopped at a red light. Tim Trucker works for Gasoline Transport, LLC. Trucker is stopped beside Driver with a full load of gasoline in the back. Suddenly a huge explosion occurs injuring Driver. Investigations report that the Trucker had not sealed the gas tank and the truck exploded badly burning driver. Can Driver mount a lawsuit against Gasoline Transport Trucker, LLC ?

Yes, if Driver was a foreseeable plaintiff.

Yes, if Driver was careful.

No, if the trucker was careful in the past.

No, if Driver’s injuries were less than $500.

Driver is stopped at a red light. Tim Trucker works for Gasoline Transport, LLC. Trucker is stopped beside Driver with a full load of gasoline in the back. Suddenly a huge explosion occurs injuring Driver. Investigations report that the Trucker had not sealed the gas tank and the truck exploded badly burning driver. Can Driver mount a lawsuit against TRUCKER?

Yes, if Driver was a foreseeable plaintiff.

Yes, if Driver was careful.

No, if the trucker was careful in the past.

No, if Driver’s injuries were less than $500.

Driver is stopped at a red light. Tim Trucker works for Gasoline Transport, LLC. Trucker is stopped beside Driver with a full load of gasoline in the back. Suddenly a huge thunder storm erupts and lightning strikes the Transport Truck blowing up the gasoline being carried causing severe burns and injury to the Driver’s car as well as severely injuring Driver. Whether Gasoline Transport, LLC is liable under tort analysis hinges on what legal liability theory?

Negligence

Strict liability

Products liability

Vicarious liability

Examples such as Phen-Phen, an acne medication that causes a break-out, Vioxx, asbestos law suits constitute the basis of __________________ law suits.

Negligence

Strict liability

Products liability

Vicarious liability

Contact is necessary for the Intentional Tort of:

Battery

Assault

Assault and batter

B and C

A sufficient act of restraint done with intent to confine is a

False notion

False imprisonment

Locking one up

Kidnapping

Calling someone “Witch” 10x’s a day for 30 days may qualify for what intentional tort?

False imprisonment

Assault

Intentional infliction of emotional distress

Battery

None

All

Larceny is criminal theft. What is the “civil side” of criminal theft?

Conversion

Larceny by trick

Stealing personal property

Trespass to chattel

What is the French word of “harm” or “injury”?

Contracts

Criminal law

Property law

Tort

Becky punches Kelly in the nose. Becky has committed the tort of assault.

True

False

Somewhat false

Somewhat true

Becky punches Kelly in the nose. Becky has committed the tort of battery.

True

False

Somewhat false

Somewhat true

A _____________ “is a promise that the law will enforce.”

Offer

Acceptance

Legal Promise

Contract

The offeror is always the

Offeree

Promisor

Promisee

All of the above

None of the above

Within every offer is a

acceptance

profit

request

promise

The following statement is a(n): “I will sell you my house for $100K.”

Acceptance

Inquiry

Offer

Agreement

Speaker says to Listener: “I will sell you my house for $100K.” Listener says to Speaker: “Okay.” The court interprets the words “Okay” as:

Acceptance

Inquiry

Offer

Agreement

What are the elements of a valid contract?

CONTRACT--------->AGREEMENT + CONSIDERATION + NO DEFENSES

CONTRACT--------->Acceptance + CONSIDERATION + NO DEFENSES

CONTRACT--------->Offer + CONSIDERATION + NO DEFENSES

CONTRACT--------->AGREEMENT + CONSIDERATION + DEFENSES

Translate the following into legalese: “I will sell you my house for $100K.”

“I will sell you my house for $100K.”

“I promise to sell you my house for $100K.”

“I will promise to sell you my house for $100K.”

“How much do you want me to sell you my house?” “$100K?”

Seller writes Buyer: “I will sell you my house for $100K.” Buyer writes Seller: “Ok”. Translate into legalese, Buyer’s response:

“I will buy your house for $100K.”

“I promise to buy your house for $100K.”

“I will promise to buy your house for $100K.”

“How much do you want me to buy your house?” “$100K?”

Seller writes Buyer: “I will sell you my house for $100K.” Buyer writes Seller: “Ok”. What is the result of this written interchange?

Agreement

Exchange of money for house

Exchange of performances (money for house)

Contract

Seller writes Buyer on 1/1/09 and says: “I will sell you my house for $100K closing will be 12/31/09.” Buyer writes Seller: “Ok”. As the result of this written interchange, what is the consideration?

Seller’s promise to sell the house for $100K & Buyer’s promise to buy.

Seller’s promise to sell the house for $100K & Seller’s duty to sell

Seller’s promise to sell the house for $100K & Buyer’s right to buy.

Seller’s promise duty to sell the house for $100K & Buyer’s duty to buy.

Seller writes Buyer on 1/1/09 and says: “I will sell you my house for $100K closing will be 12/31/09.” Buyer writes Seller: “Ok”. As the result of this written interchange: Do we have a contract?

Yes

No

Yes so long as there are no defenses

No so long as there are no defenses

Seller writes Buyer on 1/1/09 and says: “I will sell you my house for $100K closing will be 12/31/09.” Buyer writes Seller: “Ok”. As the result of this written interchange, what are the terms of the contract?

Seller and Buyer have a contract to sell and buy, respectively, a $100K house with date of closing being 12/31/09.

Seller and Buyer have a contract to sell and buy, respectively, a $100K house.

Seller and Buyer have a contract to sell and buy.

Seller and Buyer have a contract.

Seller writes Buyer on 1/1/09 and says: “I will sell you my house for $100K closing will be 12/31/09.” Buyer writes Seller: “Ok”. As the result of each the Seller giving the Buyer the deed to the House and Buyer giving Seller the $100K by 12/31/09, have the parties performed?

No because the parties performed

Yes because the parties performed

Yes because there was no contract to perform

Yes because the parties are in breach of the contract

Seller writes Buyer on 1/1/09 and says: “I will sell you my house for $100K closing will be 12/31/09.” Buyer writes Seller: “Ok”. On 1/1/10, Buyer failed to pay for the house. Buyer’s failure to buy the house is called____________?

Failure to buy

Failure to purchase

Breach

Screech

Seller writes Buyer on 1/1/09 and says: “I will sell you my house for $100K closing will be 12/31/09.” Buyer writes Seller: “Ok”. On 1/1/10, Buyer failed to pay for the house. What are the damages?

Nothing

Something

Buyer is entitled to $100K

Seller is entitled to $100K

To have a K, there must be Contract-----> Agreement + Consideration. If there is a defense, that defense will destroy the Contract. Suppose: Ike promises Bie to sell Ike’s bike to Bie for $5.00. Bie says: “I’ll take it.” What is the consideration?

Exchange of promises

Promise to sell bike for the promise to buy the bike for $5.00 [this is the better, more exact answer.]

The condition that the bike is usable

There is none

On 1/1/08 Doc says: “I promise to paint your house, $100 on 12/1/08.” Roc says: “Ok.” When did the contract occur?

When Doc paints

When Roc pays

When Doc and Roc paint and pay respectively

When Doc and Roc offer and accept respectively

Explanation / Answer

American law originates from Great Britain or England. It is based on English principles of wrong and right.

The United States Constitution is what type of document

It is a federal type of document and the government of US runs on federal document

Which of the following is not a source of American law?

Lorman Noise Control Ordinance

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