Law 3800, 1st quiz f07 and answers

Law 3800, 1st quiz f07 and answers - _ NAME _ PIN Law 3800...

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____________________________ NAME _________ PIN Law 3800 T. Edmonds Fall 07 First Quiz Questions 1, 2, 3 and 4 are based upon the following facts: Walter lives in Michigan. While on his way to vacation in Florida, Walter stops at a small hardware store in Tennessee and buys a beach chair to use in Florida. When Walter arrives at his vacation destination in Clearwater, Florida, he takes the beach chair to the beach. When Walter tries to sit on his beach chair, a weld fails, and the chair breaks. Walter is thrown to the ground and injured. The beach chair was made by a manufacturing firm in Tennessee. Walter decides to sue the hardware store and the chair manufacturer for his injuries. You are to assume that he has a valid cause of action (basis for his lawsuit). Walter has over $100,000 in medical bills from his injury that he sues to recover, along with other forms of money damages. 1. Where could Walter properly chose to file his lawsuit? a. In his home state of Michigan, using the state “long arm” statute. b. In a Federal District Court in Tennessee. c. In a state court in Tennessee. d. Both a and c. e. Both b and c.
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Walter Files his suit in a court having jurisdiction to hear the case. The defendants file an answer, in which they admit that Walter was injured, and that the injury resulted from the chair having broken due to a defect in manufacturing. In essence, the defendants admit that what Walter has alleged happened as he claims, but defendants claim that Walter cannot recover for his injuries because he waited too long to file his lawsuit, and the statute (law) that limits how long a plaintiff can wait to file this type of lawsuit precludes his recovery. This issue would be a question of law , to be decided by the Court. The defendants want the court to rule in their favor and dismiss the lawsuit without going to trial. 2. Which of the following motions should the defendants’ attorneys file to ask the court to dismiss Walter’s suit? a. A motion for a judgment notwithstanding the verdict. b. A motion for summary judgment. c. A motion for judgment on the facts. d. A motion to compel answers to interrogatories. e. None of the above. 3. The doctrine of stare decisis : a. Makes the legal process more expensive. b. Is an equitable remedy. c. Makes the law more predictable. d. Is unimportant to the common law. 4. All powers not granted to the federal government by the U.S. Constitution are retained by: a. The states or the people. b. Congress. c. The President. d. Federal administrative agencies. 5. Common Law can come from: a. Statutory enactment by a legislature b. Case law c. Constitutional law d. Administrative law e. All of the above.
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6. Our Federal form of government; a. Is based upon a concept of “shared sovereignty”. b. Gives the Federal Government only that power specifically delegated to it by
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Law 3800, 1st quiz f07 and answers - _ NAME _ PIN Law 3800...

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