NO ANSWERS PRACTICE TEST 3332 MIDTERM .pdf

NO ANSWERS PRACTICE TEST 3332 MIDTERM .pdf - 1 If you...

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Unformatted text preview: 1. If you conducted research to find common law legal precedent you would be looking for a. Case Law b. Statues c. Industry Standard d. Administrative regulations e. Common practice 2. The four main sources of law are common law, constitutional law, statutory law and administrative law a. True b. False 3. The two main types of law are civil and regulatory a. True b. False 4. The standard of proof in a civil case is a. Beyond a reasonable doubt b. Reasonable certainty c. Preponderance of the evidence d. Majority decision 5. Information obtained for a case in written form through submission of written questions refers to which discovery tool/technique a. An interrogatory b. a deposition c. a writ of mandamus d. a legal pretrial writing e. a and c only 6. The document filed by a party wishing to begin a lawsuit is called a a. Summary judgment b. Respondent superior c. Complaint d. Answer 7. The two parties involved in a civil lawsuit are called a. Plaintiff and counsel b. Witness and jury c. Initiator and respondent d. Plaintiff and defendant 8. Which of the following used to describe when (pretrial) a party prevails because there is no question of fact and relevant law requires that that party be awarded judgment as a matter of law? a. Summary judgment b. Declaratory judgment c. JNOV d. Interlocutory judgment e. Judgment of dismissal 9. Which of the following best describes statutory law? a. b. c. d. Laws embodied in either federal or state constitution Laws based on hundreds of years of court decisions Laws passed by legislative bodies Laws, rules, and regulations developed, adopted and enforced by specific government agencies 10.The time between the filing of a complaint and the start of the actual trial where information and evidence is sought is known as a. Answer stage b. Appeal c. Discovery d. Post-trial motion e. Opening statement 11.With respect to legal resources the following is a good example of a secondary source a. Law review article b. Legal encyclopedia c. Law dictionary d. A legal journal/publication e. All of the above 12.The typical hierarchy of both state and federal court systems from lowest to highest is a. Trial court, Appellate court, Supreme court b. Small claims court, Court of Commons, Administrative Court c. Supreme Court, Court of Appellate Briefs, Probate Court d. None of the above 13.The Texas court system is unique because it has separate “Supreme” Courts for civil matters and criminal matters a. True b. False 14.The standard of proof required in a criminal case is a. Compelling and unassailable b. A preponderance of the evidence c. Beyond a reasonable doubt d. A compelling state interest e. A and C 15.Diversity jurisdiction occurs when the plaintiff and defendant are from different States a. True b. False 16.Which of the following might result in a breach of duty resulting in a finding of negligence? a. An act where a defendant fails to conform to a standard of reasonable care b. A failure to act (an omission) that results in a failure to conform to a standard of reasonable care c. An intentional act d. A and B only e. A,B,C 17.What is the appropriate order of the elements of negligence? a. Standard of care (duty), breach of duty, causation, injury b. Breach, standard of care (duty), causation, injury c. Causation, standard of care (duty), breach, injury d. Injury, causation, breach, standard of care (duty) e. None of the above 18.A tort is a. Criminal act punishable by incarceration b. A civil wrong compensated by money c. A judicial procedure involving evidence d. A pretrial hearing 19.The standard of care in a tort case is often determined by a. Case precedent b. Rules and regulations c. State and federal laws d. All of the above e. None of the above 20.Proximate cause can be established in a negligence case if the injuries sustained by the defendant were foreseeable a. True b. False 21.In order for a plaintiff to recover in a negligence case the injury sustained must be physical a. True b. False 22.The below are defenses to a claim of negligence a. Assumption of risk and contributory/comparative negligence b. Comparative negligence and limited liability c. Ignorance of the law and immunity d. I am sorry and I promise never to do that again 23.In order for assumption of risk to apply it must be established that a. The risk is inherent or a natural part of the sport b. The participant voluntarily consented to participate in the activity c. The participant knew, understood and appreciated the risk involved d. All of the above e. A and C only 24.Comparative negligence is different from contributory negligence because a. It has a lower standard of proof b. It shifts responsibility to the judge or jury c. It apportions damages based upon each party’s amount of fault d. It only applies in criminal cases 25.An intentional tory is like negligence because the intent of the party committing the act is not relevant a. True b. False 26.Examples of intentional torts include the following a. Battery, assault, defamation, intentional infliction of emotional distress b. Theft, arson, shoplifting, child endangerment c. Trespassing, trademark infringement, attempted murder, embezzlement d. None of the above e. Rooting for TCU 27.Battery is an unintentional tory involving the painless, non-offensive touching of another a. True b. False 28.Slander and libel are two forms of the intentional tort of defamation a. True b. False 29.Injury to a participant that involves a product such as a football helmet, where the helmet was defective as manufactured, would involve which type of liability a. Slight negligence b. Product nuisance c. Strict liability d. Assault e. In loco producto 30.Which is not an element of the tort of battery? a. An offensive touching b. The touching is nonconsensual c. The act is accidental d. The act is intentional e. The act includes the touching of one person by another 31.Plaintiffs can use these theories when suing a manufacturer under product liability a. Negligence, strict liability, breach of warrant b. Defamation, trespass, breach of confidentiality c. Constitutional law, administrative oversight, defective design d. A and B only 32.Which of the following is an example of an express warranty? a. A written statement that the running shoes will make you 30 seconds faster per mile b. An oral statement that the exercise bicycle can support a person of 300 pounds c. Both A and B d. Neither A and B 33.The manufacturer of an exercise machine has a duty to warn its consumers of the dangers that result from foreseeable misuses of the product a. True b. False 34.Strict liability is a term meaning a. Liability with premeditation b. Liability with intent c. Guilt without intent d. Guilt with intent e. None of the above 35.The term used in risk management where no action is taken to treat the risk, i.e keeping the situation as it is, is: a. Reduction b. Transfer c. Avoidance d. Retention e. Conscionability 36.Which of the following is/are true regarding emergency action plans? a. Coaches should be certified in CPR and first aid b. Coaches should have communication devices on the field during practices and games c. Coaches should have qualified trainers present when feasible d. A, B, and C e. None of the above 37.Risk management is defined as a course of action designed to reduce the risk (probability or likelihood) of injury and loss to sport participants, spectators, employees, management, and organizations a. True b. False 38.The three primary parts of the risk management process are a. Recognition, analysis and action b. Review, implementation, plan approval c. Develop policy, research safety issues, consult with local authorities d. Stop, drop and roll 39.The Americans with Disabilities Act requires reasonable accommodations in a. Places of public accommodation b. All public and private places c. A sports facility located in an exclusive private club used for club-only events d. A and B e. A and C 40.A fiduciary relationship involves a. A relationship based on trust b. A duty to act for the benefit of another c. The duty of loyalty d. The duty of obedience e. All of the above 41.The parties to an agency relationship are a. Principal and agent b. Principal and assistant principal c. Owner and general manager d. Agent and third party 42.Which of the following are typical roles of an athlete agent? a. Negotiating employment agreements b. Negotiating endorsement agreement c. Estate and financial planning d. All of the above e. None of the above 43.Duty of loyalty is the duty of an agent to act solely and completely for the benefit of the third party a. True b. False 44.In an agency relationship express authority is a. Any written communication granting an agent authority to act b. Any oral communication granting an agent authority to act c. Official approval of a final contract d. A and B 45.What duties does the principal owe to the agent? a. Duty to compensate agent fairly for the work preformed b. Duty to respond to all requests within 8 hours c. Duty to reimburse agent for all expenses incurred on behalf of the principal d. A and C e. A only 46.When an agent acts without the authority of the principal, the principal can still agree to be bound by the agent’s actions through what legal principle? a. Apparent authority b. Express authority c. Ratification d. Agreement 47.Athlete agents are regulated by the following a. Agency law b. State law c. Unions/players associations d. Federal law e. All of the above 48.An agency relationship can be created by a. Oral agreement b. Written agreement c. A or B d. A and B 49.What is an example of apparent authority? a. An agent does not have express or implied authority to do an act, but a third party reasonably believes the agent has such authority b. The agent creates an appearance of authority c. The agent gets permissions from the principal to do the act d. The agent’s authority is implied from the express authority e. None of the above 50.Which defines the concept of respondeat superior? a. Torts committed by an agent that render the principal liable b. Torts committed by a principal that do render the agent liable c. Torts committed by either party that do not render the other party liable d. Torts committed that are prohibited by public policy ...
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