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[6:05 pm, 23/02/2022] KJ: Congress enacts a law prohibiting electric car batteries made in China from being sold in the United States. The Washington state legislature eager to promote clean electric cars, enacts a law allowing the sale of Chinese-made batteries. Washington’s law will most likely be:
Select one:
a.
held valid because the federal law is discriminatory.
b.
held to be valid under the equal protection clause.
c.
rendered invalid under the supremacy clause.
d.
upheld under the commerce clause.
[6:05 pm, 23/02/2022] KJ: Sam Spade is ready to sue Susie Que for breach of contract based upon her failure to pay for his detective services rendered in Los Angeles California. Sam is a resident of California; Susie is a resident of Oregon. The contract was entered into by the parties at a meeting at the Chicago Illinois airport. Sam could initiate his lawsuit in:
Select one:a.
federal district court in Los Angeles.
b.
state court in California.
c.
all of the above.
d.
state court in Oregon.
[6:05 pm, 23/02/2022] KJ: Toby bought a Honda gas lawnmower at Home Depot. The lawnmower had a “safety device” so the mower stopped running whenever Toby walked away from the mower. Toby found the safety device inconvenient because he often had to walk away to move debris from the lawn as he pushed the mower around his yard. Toby tied a rope around the safety lever so the mower ran whether or not Toby was holding the handle. One day Toby reached under the running mower and cut off two fingers that could not be reattached. Toby sued Honda and Home Depot alleging strict liability. In this case Toby will:
Select one:a.
win because strict liability is a no-fault concept.
b.
win because the jury will also consider the defendant’s
negligence.
c.
recover against Honda but not Home Depot…
[6:05 pm, 23/02/2022] KJ: One unique and vital power of the federal judiciary is the concept of “judicial review “which gives the courts the power to:
Select one:a.
review what laws the court should follow the statute passed by Congress
b.
follow prior federal court cases rather than statutes passed by Congress in the same area.
c.
invalidate a statute that conflicts with the constitution.
d.
review the decision of state courts and overturn them if the results are clearly unconstitutional
[6:05 pm, 23/02/2022] KJ: Homer was driving his 2017 Ford down a suburban highway with a posted speed of 40 mph. The road was ice covered and Homer’s car veered off the highway smashing into Molly’s new Mercedes-Benz. In this case Homer:
Select one:a.
will not be found negligent because he was driving within the speed limit.
b.
be found negligent if a reasonable person would have driven slower under the conditions.
c.
not be negligent unless he intended to veer off the road.
d.
be found negligent only if he saw the Mercedes by the side of the highway.
[6:06 pm, 23/02/2022] KJ: Which of the following statements about commercial speech is correct?
Select one:a.
Governments have the right to regulate commercial speech’s time, place, and manner.
b.
Governments have the right to regulate commercial speech’s content and manner but not its place and time.
c.
Commercial speech is protected but not under the first amendment.
d.
Commercial speech is not constitutionally protected.
[6:06 pm, 23/02/2022] KJ: An Arizona statute requires all trucks operating in the state to have “deer whistles” to prevent deer and antelope from wandering onto to state highways and cause crashes. Acme Trucking operates 200 long-haul trucks which operate in Arizona as well as other western states, none of which require the whistles. Acme sues arguing that the law requiring the whistle violates the commerce clause. In evaluating this statute, the court will balance the burden that it imposes on interstate commerce against:
Select one:a.
the purpose of interstate commerce.
b.
the statute’s impact on noneconomic activity.
c.
the court’s authority to determine that a law is unconstitutional.
d.
the state’s interest in regulating the matter.
[6:06 pm, 23/02/2022] KJ: The tort of intentional infliction of mental distress has been recognized in many states. Which of the following is a requirement for this tort?
Select one:a.
Outrageous action taken by a bill collector.
b.
There must be outrageous conduct.
c.
Abusive language must have been used in person or over the telephone or Internet.
d.
The inflictor must take advantage of the victim while the victim is in a weakened condition.
[6:06 pm, 23/02/2022] KJ: Lucy felt ill, and her doctor determined that a plastic implant used in her last surgery was defective. Lucy hired a lawyer to sue the manufacturer who designed and sold the plastic implant for product liability. In arguing Lucy’s case her lawyer is least likely to argue that:
Select one:a.
The implants design was defective.
b.
the implant device was priced unreasonably high.
c.
the manufacturer failed to warn either the doctor or Lucy of the implant’s risks.
d.
the implant’s failure was caused by a qualify control problem at the factory.
[6:06 pm, 23/02/2022] KJ: When a state court encounters a legal issue that its state courts have never addressed the:
Select one:a.
court must refer the case to the state Supreme Court for guidance.
b.
court must follow the most recent federal decision on point.
c.
case is called one of “first impression.”
d.
court must defer to the state legislature if the issue is important and the legislature will create a precedent.
[6:06 pm, 23/02/2022] KJ: Paul a college student studying for final exams tired of his neighbor’s barking dog and arranges to have the dog abducted. The dog is taken to a kennel but is mysteriously returned to its own yard one week later. If Paul’s acts are revealed he may be liable for the tort of:
Select one:a.
assault.
b.
false imprisonment.
c.
conversion.
d.negligence.
[6:06 pm, 23/02/2022] KJ: Which of the following statements about overruling precedent is false?
Select one:a.
A lower court may not consider precedent from the courts of other states.
b.
A lower court may on its own initiative establish a rule of law if the state’s highest court has not done so.
c.
An appellate court cannot overrule its own earlier decision.
d.
The doctrine of stare decisis preserves several points of law.
[6:07 pm, 23/02/2022] KJ: A state law is attacked as violative of the equal protection clause because it discriminates against a racial minority, the court would evaluate the law under which judicial standard?
Select one:a.
good faith
b.
strict scrutiny
c.
rational basis
d.
substantive basis
[6:07 pm, 23/02/2022] KJ: In a case brought to court, the court has two important tasks: finding the facts and applying the law. Which of the following statements regarding this process is incorrect?
Select one:a.
The judge, not the jury, determines the law that is applicable to the case.
b.
When a jury hears a case the jury find the facts, the judge determines the applicable law and the judge applies the law to the facts to reach a verdict of liable or not liable.
c.
When a judge hears a case without a jury, the judge is the finder of fact.
d.
When a jury hears a case, the judge might issue no written opinion.
[6:07 pm, 23/02/2022] KJ: Neil, Sam and George were partners in a tavern, and one night after the three were in the tavern and the books did not balance, Neil said: “George you’re a thief and a liar.” Sam believed it. In fact George was quite honest and the missing cash was due to a dishonest employee, although Neil sincerely thought George the culprit. After Neil’s claim proves false, George sues Neil for defamation. In this case George:
Select one:a.
can recover because Neil made his accusation recklessly.
b.
could not recover in tort .
c.
can recover because this amounted to slander per se.
d.
can recover because the allegation concerned personal dishonesty.
