1012, WCOB Exam 1, Fall 04 (Ch. 1-4)
1. A violation of ______________ is a wrong against the public as a whole:
A. Natural law.
B. Civil law.
C. Common law.
D. Criminal law.
E. Positive law.
2. A person who feels that a law which is morally wrong should nonetheless be followed unless and until the law is
changed is adhering to a theory of:
A. Natural law.
B. Positive law.
C. Inherence.
D. Historical law.
E. Moral relativism.
3. Alex has been charged with the crime of attempting to take the life of an elected federal official. He was
prosecuted in federal court, and the jury came back with a verdict of not guilty. Which of the following is correct?
A. If the trial judge disagrees with the jurys verdict, he can issue a judgment of guilty.
B. Since Alex has been proven innocent, he cannot be prosecuted in state court for the same thing.
C. The federal official could bring a civil lawsuit against Alex for exactly the same thing, even though
Alex was found not guilty.
D. If the federal prosecutor should later discover evidence which clearly demonstrates that Alex committed
the crime, he can be prosecuted a second time in federal court for the same act.
E. The jurys verdict means that the defendant was able to prove beyond a reasonable doubt that he did not
commit the crime.
4. Bakers lawyer is arguing his case before a trial court of the state of Arkansas. As a general rule, the trial judge
would probably feel that she is obligated to follow precedents set by which of the following:
I. Other trial judges in Arkansas.
II. The Supreme Court of Arkansas.
III. The Supreme Court of Texas.
A.
B.
C.
B.
C.
I and II only.
I, II, and III.
I only.
II only.
III only.
5. Uniform laws such as the Uniform Commercial Code have been passed by the various state legislatures. This
is an example of:
A. Administrative law.
B. Executive orders.
C. Case law.
D. Statutory law.
E. Constitutional law.
6. The principal of following previous judicial decisions is known as:
A. Voir dire.
B. Moral relativism.
C. Due process.
D. Equity.
E. Stare decisis.
7. A non resident may be involuntarily sued in a particular state ONLY if the non resident:
A. Has family in that state.
B. Has its principal office in that state, with at least one employee.
C. Owns real property in that state.
D. Has established minimum contacts with that state.
E. Is physically present in the state more than 30 days out of the year.
8. The basic trial court in the federal system is:
A. Known as the circuit court.
B. Known as the court of claims.
C. Known as the district court.
D. Located in Washington, D.C. only.
E. The court which hears appeals from the state trial courts.
9. In which of the following kinds of cases would a federal court have EXCLUSIVE jurisdiction over a case?
A. A diversity case involving more than $75,000.
B. A diversity case involving less than $75,000.
C. A case involving an interpretation of the federal constitution.
D. A case involving a claim of breach of contract between parties who are both engaged in interstate
commerce.
E. A case in which the United States is a litigant.
10. Billy Joe, a resident of Arkansas, gets in a car wreck in Springdale, Arkansas with a person driving another
vehicle who is from California. Billy Joe has medical bills which total $10,000, and property damages in the
amount of $15,000. There are no other damages. Billy Joe elects to file suit in federal court. The most likely
outcome will be:
A. The court will accept the case as diversity of citizenship exists.
B. The court will transfer the case to a federal court in California.
C. The court will dismiss the case for lack of subject matter jurisdiction.
D. The court will transfer the case to the Eighth Circuit Court of Appeals.
E. The court will require the parties to submit to binding arbitration.
11. Which of the following may be issued by a trial judge BEFORE the trial ever begins?
A. Judgment N.O.V.
B. Summary judgment.
C. Directed verdict.
D. Judgment in abstentia.
E. Judgment in stare decisis.
12. Carol lost her case in a federal trial court in Fayetteville, and has appealed to the Eighth Circuit Court of
Appeals. Which of the following would be part of standard procedures employed by this appellate court?
I. The judges would submit written questions to the trial judge so as to get a better understanding of why
he issued the judgment that he did.
II. The judges would decide issues of fact de novo (as if new) and disregard any factual rulings by the
trial judge or jury.
III. The judges would decide whether the trial judge correctly applied the law applicable to the case.
A.
B.
C.
D.
E.
I only.
II only.
III only.
I and II only.
II and III only.
13. Baker, the owner of a small grocery store, stopped a customer who Baker reasonably believed was stealing from
the store. The customer was apprehended just outside the store. After a short time Baker determined that he had
made a mistake and that the customer was not shoplifting. An apology was made and the customer was released.
The customer later sued the store for false imprisonment. Which of the following is correct?
A. Baker is strictly liable for false imprisonment, since the customer was not stealing.
B. Baker is not liable since shopkeepers have an absolute privilege and can detain customers with or
without a reasonable suspicion.
C. Baker is not liable under the shopkeepers privilege, which involves a qualified privilege and requires
reasonable suspicion.
D. Baker is liable despite the shopkeepers privilege, since it was determined that the customer had not
been shoplifting.
14. Walter is the mayor of BigCity, and is well known both in the city and state wide. The local newspaper wrote
an article in which it was claimed that Walter had accepted bribes from private parties exchange in for favorable
consideration in city contracts. The story turned out to be false, and Walter has sued the newspaper for defamation.
Under the public figure doctrine:
A. The newspaper cannot be held liable unless they published the story with malice.
B. The newspaper cannot be held liable under any circumstances since Walter is an elected official
C. The newspaper is strictly liable if the story is false, since Walter is a public figure.
D. The newspaper is liable if the story is false, but only if it can be proven that the newspaper did not
contact Walter prior to printing the story.
15. Which of the following is NOT a required element of an unintentional tort?
A. Duty owed to the victim.
B. Breach of duty.
C. Causation.
D. Damages.
E. Intent to harm.
16. How many people (at a minimum) must have heard or read a statement for there to be publication so as to
satisfy the communication requirement of the tort of defamation?
A. One.
B. Two.
C. Widespread community knowledge.
D. Publication in a recognized medium, such as a newspaper.
E. It must be heard simultaneously by at least two people.
17. Galley, Inc. has a contract for operating the kitchen at the Palm Crest Hotel in Miami, Florida. This contract is
set to expire in 2006. Mealco has approached Palm Crests Board of Directors. Mealco says to the board look,
dump Galley and sign with us. We can provide the same services at a lower price. Forget about the fact that Galley
has a contract with you. We all know that contracts are made to be broken. The Palm Crest Board agreed, dumped
Galley, and signed with Mealco. Mealcos actions in this case:
A. Are perfectly legal, since Palm Crest has a right to cancel its contract with Galley.
B. Constitute the tort of contract interference.
C. Constitute the tort of intentional infliction of emotional distress.
D. Constitute the tort of trespass.
18. Allen is suing Baker for the tort of intentional infliction of emotional distress. Allen has not suffered any
actual physical injuries. Which of the following is correct?
A. This tort requires proof of some economic loss before there can be recovery.
B. This tort is the same as the tort of false imprisonment.
C. This is a property tort.
D. This tort requires proof that the conduct is extreme and outrageous, and exceeds all bounds of decency.
E. This tort does not exist in the common law, as it is felt that these damages cannot be proven with a
reasonable degree of certainty.
19. Which of the following is NOT one of the required elements of a contract?
A. Agreement between parties.
B. Consideration.
C. General fairness of the agreement.
D. Capacity of the parties to the agreement.
E. Legality.
20. Which of the following would fall under the Uniform Commercial Code, Article Two?
A. Employment contract for a two year term.
B. Contract to build a house.
C. Contract by an accountant to prepare a clients tax return.
D. Contract for the purchase of a car.
E. Contract by an engineering firm to provide professional services.
21. Which of the following is effective upon mailing (mailbox rule)?
A. Offer.
B. Acceptance.
C. Rejection.
D. Revocation.
E. Counteroffer.
22. Tom enters into a written contract with Joe to paint Joes house for $1,000. Prior to completion of the job Tom
gets another job offer, and tells Joe he will not finish the job. Joe offers to pay Tom an additional $500 if he stays
and finishes the job. Tom and Joe agree to this in writing. When the job is done Joe refuses to pay the additional
$500. If Tom sues Joe for the additional $500 the most likely result is:
A. Joe will win due to a lack of consideration.
B. Joe will win due to the statute of frauds.
C. Tom will win because the contract to pay the additional $500 was an enforceable bilateral contract.
D. Tom will win because the contract to pay the additional $500 was an enforceable unilateral contract.
23. Wonderful Company placed an advertisement in a local newspaper stating that they were selling a particular
brand of vacuum cleaner for $100. On the same day that the ad appeared in the paper more customers than expected
responded, and by noon Wonderful was out of vacuum cleaners and could not get any more from the supplier.
Three customers were told that Wonderful could not honor the ad, and have brought suit against Wonderful claiming
that Wonderfuls ad constituted an offer, which they accepted. Which of the following is correct under common
law?
A. Wonderfuls ad was an offer, and the three customers have accepted, creating a contract.
B. Wonderfuls ad was an offer, but the customers did not accept since to do so would have required a
written notice to Wonderful.
C. Wonderfuls ad was not an offer, since advertisements are only invitations to negotiate.
D. Wonderfuls ad was not an offer, since offers must be accompanied by money (consideration).
E. Wonderfuls ad was subject to the statute of frauds rule and hence was required to be in writing.
24. The statute of frauds would apply to which of the following kinds of contracts?
A. All employment contracts involving more than $500 per month.
B. A contract for the purchase and sale of land.
C. A contract in which one person is going to construct a building for a buyer for $10,000.
D. All of the above.
25.
Danny, age 17, made a contract with a music company to record songs for them for two years. While Danny
was still 17 he began to believe that he had made a bad bargain, and considered trying to get out of the contract. The
music company also wondered whether their decision to sign up Danny was a good one. Which is correct?
I. Danny can disaffirm so long as he is still a minor.
II. The music company can disaffirm so long as Danny is still a minor.
A. I only.
C. I and II.
B. II only.
D. Neither I nor II.