answer the bus law homework questions

answer the questions in the pdf

True or False
1.
All U.S. citizens have the right to take their case to the U.S. Supreme Court. ______
2.
The U.S. Constitution specifies that there shall be no less than five and no more than
nine justices on the bench. ______
3.
Marbury v. Madison (1803) is significant because the current Supreme Court recently voted
to overturn it. ______
4.
William the Conqueror created the King’s Courts. ______
5.
The Palsgraf case stands for the legal principle of judicial review. ______
6.
Interrogatories are part of the pre-trial discovery process. ______
7.
If I am suing you based on slander per se, I must be able to prove damages in excess of
$10,000. ______
8.
The standard of proof in a civil matter is proof beyond a reasonable doubt. ______
9.
The U.S. follows the civil law system. ______
10. Strict product liability has become a common method of holding manufacturers liable.
______
11. Courts use the terms “comparative negligence” and “contributory negligence” to mean the
same thing. ______
12. A “case of first impression” requires the state’s supreme court to research how other state
supreme courts have resolved the matter and then to follow the ruling in the majority of
those cases. ______
13. A business owner owes a duty of care to all of its business invitees. ______
Fill in the blank
14. The “triple bottom line” is composed of three elements:
A.__________________
B._________________
C._________________
15. What are two ways a plaintiff might plead to gain access (jurisdiction) to federal court?
A._________
B. _________
16. What is the “privilege to detain”?
17. ____________________ equals the “moral minimum”.
18. “Defamation” is the overarching term for ___________ and __________.
19. Three types of alternative dispute resolution are:
A. ___________________
B.____________________
C.____________________
20. If the U.S. Supreme Court has granted Cert., what has it done?
21.
List the four elements of negligence
A. _____________________
B. _____________________
C. _____________________
D. _____________________
22. Name the four sources of American law:
A. _____________________
B. _____________________
C. _____________________
D. _____________________
23. What is the “Rule of Four”?
24. Name the six elements the plaintiff must prove to win a case for product liability.
A. _____________________
B. _____________________
C. _____________________
D. _____________________
E. _____________________
F. _____________________
Choose the correct answer
25. The “rule of four” refers to which of the following?
__ A. At least four State Supreme Courts have ruled the same way on an identical issue.
__ B. At least four U.S. Supreme Court justices have voted the same way on the matter before the Court.
__ C. At least four U.S. Supreme Court justices must vote to hear a particular case from an Appellate
Court.
__ D. At least four members of the jury must find the defendant to be either guilty or not guilty.
26. Which one of the following is NOT a defense to product liability?
__ A. Assumption of risk
__ B. Product misuse
__ C. Knowledgeable user
__D. Plaintiff failed to read instructions
27. The foundations of the Common Law system include which of the following?
Check all that apply:
__ A. Res Judicata
__ B. Stare Decisis
__ C. Case Law
__ D. Nota Bene
28. Mona is shopping at Gristedes. She sees a large can of Hawaiian Punch that she wants on the top
shelf. Mona is 5’ 3” tall and cannot reach the item. There are signs all over the store that say “please
ask any clerk for assistance” and reaching tools are also placed at both ends of each aisle. Mona
ignores the signs and tools and climbs up on the shelves trying to reach the can. She knocks all of the
cans off the shelves. Some of the cans roll out the open front door of the store. Little Tommy is
zooming by Gristedes on his skateboard just as a can rolls in front of him, causing him to fall and
sprain his wrist. His skateboard cracks when it hits the large can of Hawaiian Punch.
29. Is Mona liable to Little Tommy for his injury and broken skateboard?
__ A. Yes, Mona behaved negligently and is liable to Little Tommy and anyone else in the store who
might have been injured by the cans.
__ B. No, Gristedes should not have put heavy cans on the top shelf.
__ C. No, it was not foreseeable that a can could roll out the open door of Gristedes and result in injury to
a passerby.
__ D. Yes, Mona can afford to reimburse Little Tommy for his medical bills, pain and suffering and
broken skateboard.
__E. None of the above.
30. Alice works out at Equinox gym. She hired Ben to teach her how to box. During Alice’s last
training session Ben was momentarily distracted when Jenny walked past them in the tightest
(and smallest) pink spandex outfit he had ever seen while Alice was throwing a punch. Alice hit
Ben square in the nose and, as a result, Ben’s nose was broken. Ben has filed suit against Alice
for battery. What is the likely outcome of Alice’s lawsuit?
__ A. Ben will win. Alice should have anticipated that Ben would be distracted by Jenny.
__ B. Ben will win. Alice was negligent.
__ C. Alice will win. Ben assumed the risk of injury when he became a boxing trainer.
__ D. Alice will win. Her lawyer filed a Motion to Dismiss for failure to state a cause of action,
and the judge ruled in her favor.
__ E. None of the above. Ben should sue Jenny.