L S 3323Sample1stExam Answers.s08

L S 3323Sample1stExam Answers.s08 - 1 Razook L.S 3323.002 A...

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Unformatted text preview: 1 Razook L.S. 3323.002 A 1st Exam Answers: Please note that this is Exam A. If you took B, then the corresponding numbers for Exam B are alongside each question. Fall, 2007 Multiple Choice: Please pencil in on your scantron card the letter corresponding with the correct answer. There is only one correct choice. 1. U.S. Common law: 10 a. b. c. d. continues a traditional begun in France in the eleventh century. Includes stare decisis. Includes judge-make law. All of the above. Exactly two of the above. e. B. and C. are correct. The Common Law originated in England, not France. 2. You walk into a courtroom in Norman, Oklahoma. It is just after lunch, and you have not been in this courtroom before. You do not know what kind of case is going on except that it is a civil as opposed to a criminal case. Assuming each of the following statements is true, which is most relevant in helping you determine whether the plaintiff in this case is seeking a legal or an equitable remedy? 11 There is no jury. The plaintiff is an individual and the defendant is a local heating and cooling retailer. The judge is a middle-aged female. At 2:50 p.m., the judge states, "Judgment is for the plaintiff in the amount of $8,025. a. b. c. d. There is no jury in equity, but some law cases don't have juries. However, judgments apply exclusively to law cases, thus D. is the correct answer. *** On March 3, 2007, Deborah was seriously injured in a one-car accident in which her vehicle's brakes failed. After an investigation, she learned that the brakes were defective when she bought the new car. She now wishes to sue those responsible for her injuries, including, of course, the car's manufacturer, Yugo, International. Deborah is a citizen of Kansas, residing in Wichita. Yugo's headquarters are in Belgrade, Serbia, but the company also has U.S. headquarters in Charlotte, North Carolina and was incorporated in Delaware. Yugo sells its cars in all fifty U.S. states. (Please assume that each of the following numbered questions is independent of the others. Refers to Questions 3-5) 12 3. a. Assuming each of the following statements is true, which is most relevant in determining whether federal courts have subject matter jurisdiction over this case? Deborah joins as a defendant in the case the car's retailer, Wichita Imports, which is headquartered and incorporated in Kansas. Deborah has visited Serbia before. Deborah used to live in Edmond, Oklahoma. The price of the car was $12,500. b. c. d. If Deborah joins a Kansas defendant, then she and that defendant share a common state. Thus, there would be no diversity and no federal court subject-matter jurisdiction. 4. Assuming each of the following statements is true, which is most relevant in determining whether federal courts have subject matter jurisdiction over this case? 13 a. Deborah has visited North Carolina several times. b. Deborah is suing for $2.4 million. c. d. In 2006, dealers in Kansas sold 11,034 Yugo vehicles. Deborah's injuries were not life-threatening. 2 Between Deborah and Yugo there is complete diversity. The only missing information is the amount Deborah seeks. B. provides that information meeting the diversity amount requirement. 5. Which of the following states is the most likely site for a trial in this case? 14 a. b. c. d. Serbia. Kansas. Delaware. North Carolina. Yugo affirmatively seeks to do business in Kansas by selling its cars there. In all likelihood, Deborah would prefer suing in her home state than in N.C. or Dela., Yugo's home state. * * * 6. Precedents: 15 a. are typically created by appellant courts. b. Are typically created by trial courts. c. Cannot be overruled. d. Are written laws created by administrative agencies. Appellate courts make precedents, and they can be overruled. 7. Which of the following phrases best describes the Latin meaning for the term "Jurisdiction?" 16 a. b. c. d. In this place. This court may act. The power to speak the law. Applicable site. See text, p. 31. 8. In which of the following brief statements of facts would discussion of a "Long Arm Statute" be most relevant? 17 a. Plaintiff is attempting to require the defendant to come to the plaintiff's state to defend the case. b. c. d. The state of Oklahoma is attempting to require Devon Energy, an Oklahoma corporation, to pay a corporate income tax. The defendant moves to dismiss the plaintiff's lawsuit because the Statute of Limitations has expired. The defendant refuses to submit to a deposition requested by the plaintiff. State adopted "Long-Arm" Statutes in an effort to force non-residents to come to those states to defend lawsuits. 9. In which of the following cases would state courts have exclusive subject-matter jurisdiction? 18 a. b. A case in which the plaintiff contends that its employer, the University of Oklahoma, violated the plaintiff's expressive rights under the U.S. Constitution. A case in which the plaintiff, a citizen of Iowa, sues the defendant, a corporation headquartered in Pennsylvania and incorporated in Delaware, for $2.3 million. A foreclosure case involving real property (land etc.) located in Salem, Oregon. A case in which an employee sues his employer for $14,000, based on the employer's violation of the Federal Whistleblower's Protection Act. c. d. A. and C. raise federal questions, and B. is a diversity case. In all of these, fed. Courts have s.m. jurisdiction. In a foreclosure case, state courts have exclusive jurisdiction. 10. Diversity cases: 19 a. b. c. d. can be in federal court because of applicable federal substantive law. Cannot be in federal court because the applicable substantive law is state law. Can be in federal court despite the fact that the applicable substantive law is state law. Cannot be in federal court even though the applicable substantive law is federal law. 3 Diversity cases can be in Federal court because of the diversity, not because the applicable law is federal. In fact, the applicable substantive law in diversity cases is state law. 11. Which of the following statements best describes the reason the founders sought adoption of the U.S. a. b. c. d. Constitution? 20 The primary reason for the constitution was to create a stronger national (federal) government. The primary reason for the constitution was to preserve our most inalienable and fundamental rights. The primary reason for the constitution was to counter a growing insurgency that ultimately led to the revolutionary war. The primary reason for the constitution was to insure that all the states of the United States would remain in the union. The Articles of Confederation failed because the national government had insufficient power to rein in the states. The drafters of the Constitution wanted to "form a more perfect Union." 12. Our coverage of those states that have legalized medical marijuana dealt primarily with: 21 a. the Commerce Clause. b. c. d. Due Process of Law. Unreasonable Search and Seizure. Commercial Speech. The constitutional question in the medical marijuana cases was whether Congress, through the Federal Controlled Substances Act, could regulate marijuana production and distribution that remained within a state; i.e. is this interstate commerce? 13. In which of the following cases does the Bill of Rights apply? 22 a. A case in which your neighbor refuses to allow you to come onto his yard because you are Methodist. b. c. d. e. The use by a creditor of a private repossession firm to repossess a defaulting debtor's property. A case in which an internet seller contests the application of Arizona's sales tax to the seller. An Occupational Safety and Health case in which a plumbing contractor contests OSHA's unannounced inspection. The Bill of Rights apply to all of these cases. A. and B. don't raise constitutional issues because there is no governmental action. C. raises the commerce clause. Only D. raises a B of R issue, the 4th Am. Freedom from unreasonable search and seizure. *** The follow real or contrived quotes illustrate various topics we've covered so far. p. q. r. s. t. Quoting Judge Roy Bene, "Ms. Winston, it is not my responsibility to tell you how to pursue your case; it's yours." "Judges often strictly interpret precedents. This means that they restrict the case's application exclusively to cases with facts identical to those of the precedent." "I must say that facilitating any kind of agreement between you two seems impossible." Quoting a trial judge, "Mr. Graham, You've already joined the manufacturer and retailer of the drug. I will not allow you to join as a defendant the local doctor who prescribed it." Quoting a U.S. Supreme Court decision: "In this case, a total prohibition of the advertisement simply goes too far." (Refers to Questions 14-18) 14. In p. above, the judge's quote best illustrates our coverage of: 23 a. the adversary system. b. c. d. res judicata. the standard of burden of proof. arbitration. In our adversary system, the parties, not the courts, are responsible for raising issues of fact and law. 15. Which of the following statements best describes the quote in q. above? 24 4 a. b. c. d. Common law courts have great discretion. Among the choices of a common law court is to distinguish the facts in the present case from those in potential precedents. Equity courts have great discretion. Stare decisis is binding law. If a common law court strictly applies a precedent, then it is restricting its application to identical or virtually identical facts. Therefore, it is also distinguishing from that precedent the facts of the case before it. 16. Of the following choices, who is most likely to have spoken the words in r. above? 25 a. b. c. d. A U.S. Supreme Court judge. A trial judge. A mediator. An arbitrator. The role of a mediator is to find common ground between contesting parties and facilitate an agreement. 17. The most likely scenario provoking the judge's comment in s. above, is: 26 a. a hearing to decide whether a case will be tried in a local state court or in a federal district court. b. c. d. a hearing to determine whether the statute of limitations has expired in a case. a criminal trial. an arbitration hearing. The reason a plaintiff would work hard to join a local defendant is to eliminate diversity jurisdiction and thus the subject matter jurisdiction of the federal court. 18. Which of the following statements best captures the quote in t. above? 27 a. b. c. d. Commercial speech is protected under the first amendment to the U.S. Constitution. Commercial speech is protected as much as political speech under the U.S. Constitution. If a governmental entity wishes to limit truthful commercial speech, then its regulation can go no further than necessary in advancing its regulatory interest. If a governmental entity wishes to limit commercial speech, then it may invariably limit advertisements that are false or misleading. The government may regulate truthful commercial speech such as advertising, but must demonstrate a substantial interest in such regulation and that its effort goes no further than necessary in achieving that interest. * * * 19. Which of the following statements best summarizes the Common Law system in the U.S? 1 a. The Common Law system relies primarily on legislation as a source of law. b. The Common Law system focuses both on court-made law and legislation. c. The Common Law System relies on litigant (party to a lawsuit) cooperation and rarely includes juries. d. The Common Law System exists in federal but not state courts. The Common law relies on written laws (constitutions, statutes etc.) and court-made laws. It is adversarial, not cooperative and exists in state courts and federal courts. 20. The Supremacy Clause: 2 a. means that federal law is superior to state law. b. c. d. Means that the Supreme Court's rulings are the final word on the constitution. Means that the rulings of state high courts are the final word on each state's laws. All of the above. Art. 6 of the U.S. Const. makes federal law supreme over state law. 21. Which of the following subjects is not one of our recurring themes? 3 a. Litigation is costly. 5 b. c. d. Courts make law. U.S. federalism poses regulatory and legal problems. Courts sometimes have lawmaking conflicts with legislatures. See "Recurring Themes" slide in Assignment 1. *** Each of the following lettered statements or questions raises an issue under the U.S. Constitution. u. Myron, a land developer in Michigan, is upset when he hears that federal authorities are trying to stop his development of a former land fill which now includes acres of standing water and is inhabited by migratory birds. The challenge to his development is based on the Federal Clean Water Act. v. In 2000, the U.S. Supreme Court held that the Violence Against Women Act exceeded Congress' authority under the U.S. Constitution. w. Does a private club that wishes to exclude women from membership have the right to do so? x. y. In 1995, the U.S. Supreme Court held that the Federal Gun Free School Zone Act exceeded Congress' authority under the U.S. Constitution. A federal appellate judge must determine whether it was appropriate for a trial judge to issue a warrant for an inspection by an Occupational Health and Safety Administration compliance officer. z. The billing statement from SwimTrunks.com (a Florida-based company) states that California residents must add 6.5% sales tax to any purchases. (Refers to Questions 22-27) 22. Which of the following provisions of the U.S. Constitution most directly applies to u. above? 4 a. b. c. The Taxation Provision. The Due Process Provision. The Bill of Rights. The Commerce Clause. d. Is a water-collecting land fill "interstate commerce" subject to the Federal Clean Water Act? 23. In v. above, the Court's decision had to have been based on: 5 a. b. c. d. Due Process of Law. Federal Supremacy. The Commerce Clause. The Bill of Rights. Is an act of sexual animus against a woman "interstate commerce" subject to VAWA? 24. If the answer to w. above is Yes, it is because of: 6 a. the absence of governmental action. b. c. d. Due Process of Law. The Commerce Clause. The Supremacy Clause. If the club's action is purely private, not governmental, then the constitution doesn't apply. 25. In x. above, the Court's decision had to have been based on: 7 a. b. c. d. Due Process of Law. Federal Supremacy. The Commerce Clause. The Bill of Rights. 6 Does possessing a gun within a school implicate "interstate commerce"? 26. In which of the following situations would a warrant be appropriate in y. above? 8 a. b. c. An employee complaint. A death or serious injury on the job. A statistically defensible unannounced inspection. All of the above. b. and c. above. d. e. All of these are proper grounds for obtaining a warrant to conduct a commercial search. 27. Which of the follow statements best summarizes why California residents must add the sales tax to any purchases in z. above? 9 a. The goods were sold in interstate commerce. b. SwimTrunks.com operates in interstate commerce. c. The purchase must have exceeded a certain dollar amount. d. SwimTrunks.com must have a physical presence in California. The only way a California sales tax could apply to SwimTrunks.com is that the company has a physical presence in California. * * * 28. Discovery: 28 a. b. c. is that part of civil litigation in which each party must share his or her evidence with the other. Is optional. Is intended to help expedite litigation. Exactly two of the above. d. A. and C. are correct. Discovery is mandatory. *** You and two partners own a small housecleaning business in Tulsa, Oklahoma. Currently all of your business is in the Tulsa, Oklahoma metropolitan area. You are all hard workers, have relatively honest and hardworking employees, seem to be doing very well with your business and are thinking about expanding. However, you seem almost daily to experience legal and regulatory questions concerning your business. These range from issues of contracting with your clients, relationships with employees, potential liability to clients and third parties etc. For example: g. On Thursday, September 20, 2007, you learn that a commercial building located in Tulsa and owned by one of your clients is the object of a foreclosure action. h. On Monday, September 17, 2007, you receive a summons stating that you owe the state of Kansas $24,000 in back taxes. This is curious to you because your company has no clients and does no business in Kansas. i. On February 6, 2007, one of your employees, on his way to a job, ran through a stop sign and hit a car driven by Faye Driver. The accident was in Tulsa, but Faye is a resident of Fayetteville, Arkansas. Faye is now suing your firm for $200,000 for her damages. One of your clients owes you almost $40,000, but seems uninterested in paying any of this debt. j. k. Your contracts with your employees include provisions stating that any disputes arising out of their employment must be resolved by arbitration. (Refers to Questions 29-34) 29. You understand enough about foreclosure like that in g. above to know that: 30 a. b. it is an action requiring jurisdiction over your client. The case will be held in a state or federal court in Tulsa. 7 c. It is an action in rem and will be in state court. d. Federal courts will have exclusive jurisdiction over the case. Foreclosure actions are in rem and in state court only. 30. If, in h. above, you choose not to respond, then: 31 a. b. c. d. the state of Kansas can do nothing to you. The state of Kansas can require the state of Oklahoma to prosecute you. You will be responsible for a default judgment for $24,000. You will be responsible for a default judgment for $24,000, but it cannot be enforced in Oklahoma. Failure to respond to a lawsuit will mean that the court will enter a default judgment against you. Based on the full faith and credit provision of the U.S. Constitution, that judgment can be enforced against you in your home state. 31. In i. above, 32 a. b. c. state courts have subject-matter jurisdiction in this case. Federal courts have subject-matter jurisdiction in this case. Federal courts have exclusive subject-matter jurisdiction in this case. Exactly two of the above. d. This would be a diversity case. 32. The case in i. above, will, in all likelihood, be tried in: 33 a. Oklahoma. b. c. d. Kansas. Arkansas. Any federal court in the nation. Both the defendant and the accident occurred in Oklahoma, so the case will be in Oklahoma. 33. In j. above, pursuing an action for a money judgment against the client: 34 a. b. c. d. is a good idea in any case. Is a good idea unless the client is judgment proof. Is a bad idea because you may be violating the client's constitutional rights. None of the above. If the defendant is judgment proof, then he hasn't sufficient assets to pay on a judgment. If that's so, then why sue? 34. Arbitration like that noted in k. above: 35 a. is usually binding. b. c. d. Does not bind the employee. Means that all disputes with employees will include a person attempting to find common ground between you and your employee. Exactly two of the above. Arbitration is usually binding, meaning that the arbitrator makes an enforceable decision involving the parties. * * * 35. A prima facie case relates primarily to our coverage of: 29 a. b. c. the Statute of Limitations. res judicata. Commercial speech. Burden of proof. d. 8 If a plaintiff meets his burden of proof i.e. submits sufficient credible evidence to establish his case against the defendant, then the plaintiff has established a "prima facie" case and the burden of proof shifts to the defendant. (10 points) "Essay" Question 1. (5 points) When may a plaintiff seek an equitable remedy? A plaintiff may seek equity only in those cases in which the plaintiff's remedy at law would be inadequate. 2. (5 points) State two differences between law and equity. 1. There may be a jury in law cases, not in equity. 2. Legal remedies yield judgments; equitable remedies yield decrees. 3. Legal remedies date back to the King's court; equitable to the courts of Chancery. 4. Judgments are enforced via a levy against assets; decrees by asking that a noncompliant defendant be held in contempt of court. ...
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