FIN3055_Test0 - Test #1 Test#1F03 True/False Indicate...

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Test #1 Test#1F03 True/False Indicate whether the sentence or statement is true or false. ____ 1. All misdemeanors are felonies. ____ 2. A person could not be convicted of theft if the individual did not know that he or she was taking the property of someone else. ____ 3. The use of force or intimidation is not necessary for an act of theft to be considered a robbery. ____ 4. Federal courts are superior to state courts. ____ 5. State courts are independent of federal courts. ____ 6. Generally, a state court can exercise jurisdiction over anyone within the boundaries of the state. ____ 7. Most lawsuits are settled or dismissed before they go to trial. ____ 8. A summary judgment will be granted when there are no genuine issues of fact in a trial and the only question is one of law. ____ 9. In a federal case at law involving more than $20 in damages, a defendant has the right to a jury trial. ____ 10. A battery occurs only if the victim suffers actual physical harm. ____ 11. Under the doctrine of comparative negligence, both the plaintiff's and the defendant's negligence are taken into consideration. Multiple Choice Identify the letter of the choice that best completes the statement or answers the question. ____ 12. Kay, an engineer who works for Data, Inc., may be liable for larceny if she steals a. a competitor's trade secrets. b. company computer time. c. the use of Data's telephone wires for personal business. d. any of the above. ____ 13. Albert wrongfully takes an unopened carton from a City Warehouse loading dock, puts the carton in his car, and drives away. Any person who wrongfully or fraudulently takes and carries away another person's personal property is guilty of a. embezzlement. b. forgery. c. larceny. d. robbery. ____ 14. The use of deadly force will generally be permitted when it is used to prevent a. the theft of valuable property. b. imminent death or grievous bodily harm. c. breaking and entering into a dwelling. d. all of the above.
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____ 15. Adam is a resident of Colorado. While driving through Wyoming, Adam is in an accident with Ethel, a resident of Wyoming. Ethel files a suit against Adam in Wyoming. Regarding Adam, Wyoming a. can exercise diversity jurisdiction. b. can exercise in personam jurisdiction. c. can exercise in rem jurisdiction. d. cannot exercise jurisdiction. ____ 16. Mark lives on a certain acre of land for thirty years, believing that he owns it. Nora appears, claiming that she owns it. Mark wants a court to decide who owns the land. A court could decide this dispute based on a. diversity jurisdiction. b. in personam jurisdiction. c. in rem jurisdiction. d. none of the above. ____ 17. Sam, a citizen of New Mexico, wants to file a suit against Tanya, a citizen of Texas. 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.
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This note was uploaded on 10/13/2008 for the course FIN 3055 taught by Professor Cgiles during the Spring '08 term at Virginia Tech.

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FIN3055_Test0 - Test #1 Test#1F03 True/False Indicate...

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