3.334 points QUESTION 2
- You work for the Zarzamora Hand
3.334 pointsQUESTION 3
- You and Mary Ann and Ginger are hanging out at Gilligan's Island Bar and Grill.
- Mary Ann tells Ginger that she's going to file a lawsuit against Thurston Howell in Bexar County court for false imprisonment and negligence.
- Ginger tells her that before she can file a lawsuit, she first has to go through mediation. That's the rule in Texas. "It's in the Texas Civil Practice and Remedies Code," says Ginger.
- Mary Ann turns to you. "Is that right?"
- 1.No, because you can't sue Mr. Howell in Bexar County court. You can only sue him in federal court since he lives in another state.
- 2.No. ADR is always optional.
- 3.It sure is.
- 4.Not quite. The judge will probably order some attempt at ADR, but only after you've filed your lawsuit.
3.334 pointsQUESTION 4
- The president of your company has come up with the idea of marketing marijuana flavored bubble gum. He says, "The kids will love it! We've checked, and the State of Texas doesn't have any laws that would make it illegal."
- What's your response?
- 1."Then it looks like we're covered, Boss"
- 2."Um, you know Boss, the State of Texas isn't the only source of law our company needs to be concerned with."
- 3."But we sell transmissions, Boss."
- 4."I'll help with the testing!"
3.334 pointsQUESTION 5
- Mickey sues Donald for defamation and assault. As Donald is preparing to defend himself at trial, he asks Mickey for the evidence Mickey has against Donald.
- 1.If Donald wants any evidence from Mickey before the trial starts, Donald is going to have to go to the judge and get a court order.
- 2.Mickey has to provide Donald with all the evidence he intends to use at the trial.
- 3.It is up to Mickey's discretion as to what he provides to Donald.
- 4.Donald has to wait until the trial actually starts to see the evidence Mickey is going to use.
3.334 pointsQUESTION 6
- Thelma loses her lawsuit against Louise in a Texas state trial court. Thelma appeals to the Texas Court of Appeals and loses again. Thelma could appeal next to:
- 1.The Federal District Court
- 2.The Texas Court of Criminal Appeals
- 3.The Texas Supreme Court
- 4.Thelma cannot appeal her case any further
3.334 pointsQUESTION 7
- Bexar County has a law that prohibits hunting rabbits on Sunday. You think this is stupid law and it should be thrown out, but you're not sure how a court is going to rule if you challenge the law.
- But then you see where somebody posts on Facebook that the Texas Supreme Court held that it was unconstitutional to prohibit hunting on Sunday in a recent case, Fudd v. Buggs.
- Based on this, what would happen if you brought a lawsuit against Bexar County about its prohibition?
- 1.A court is going to find the Supreme Court ruling to be unconstitutional and remand the case.
- 2.A court is going to maintain the prohibition on hunting rabbits based on stare decisis .
- 3.A court is going to overturn the prohibition on hunting rabbits based on stare decisis .
- 4.A court is going to do whatever it decides is correct -- according to stare decisis the court will make its ruling based on its own reading of the law.
3.334 pointsQUESTION 8
- Bobby Shyster, a local entrepreneur, starts to market a product he claims will cure Type 2 diabetes in 90 days.He has no data to back up his claims, and in reality the product is just a mixture of bacon fat and Seven Up.
- Following an investigation, city health officials order him to stop advertising claims that his product cures any medical illness. Mr. Shyster says his advertising is protected commercial speech under the 1st Amendment.
- Is Mr. Shyster correct?
- 1.Yes, a city official doesn't have the authority to interfere with a constitutional right
- 2.No, the 1st Amendment doesn't protect commercial speech
- 3.Yes, courts give substantial protection to advertising by businesses under the 1st Amendment to the U.S. Constitution
- 4.No, the government is allowed to protect consumers from being misled by incorrect information
3.334 pointsQUESTION 9
- Mario and Luigi are neighbors in San Antonio, which is in Bexar County. One evening, Mario is injured after Luigi's homemade propane grill blows up and blasts a chicken leg through the fence between their yards and into Mario's thigh.
- Mario files a lawsuit against Luigi to recover for his medical bills as well as the pain and suffering caused by Luigi's secret mushroom peach habanero bbq sauce. However, in order to attempt to maximize his recovery, Mario files his lawsuit in Panda County in East Texas instead of Bexar County because Panda County has a reputation for awarding very high damages. Neither Mario nor Luigi have ever been to Panda County.
- What would be Luigi's primary objection to Mario's decision to file in Panda County?
- 1.Luigi would object to venue, since none of the events took place in Panda County.
- 2.Luigi would object to failure to employ Alternative Dispute Resolution first, as Mario did not seek mediationbefore filing his lawsuit.
- 3.Luigi would object to diversity of citizenship, as both he and Mario are citizens of Texas.
- 4.Luigi would object to standing, as Mario does not have a "stake" in the matter in Panda County.
3.334 pointsQUESTION 10
- John lives in Texas. Paul lives in California. Paul flies to Austin where he meets with John, and they sign a contract to manufacture and sell wigs in the hairstyles of famous business law professors.
- After John spends $350,000 to get the business started, Paul says he's changed his mind and backs out of the contract. John files suit for breach of contract in state court in Austin. Paul says he can't be sued in a Texas court because he doesn't live in Texas.
- What would the Texas court say?
- 1.Paul signed the contract in Texas, so he can be sued in the Texas court in Austin under the Texas long-arm statute.
- 2.Paul lives in the United States, so he can be sued anywhere in the U.S., including Texas, under the long-arm statutes.
- 3.Lawsuits between residents of different states can only be heard in a Federal court when the amount in controversy exceeds $75,000.
- 4.Paul is a resident of California, so unless he comes to Texas on his own, California is the only place he can be sued.
3.334 pointsQUESTION 11
- Thomas attacks Edward, severely injuring him. Thomas is arrested and tried for assault.He is found guilty and sentenced to one year in jail.
- Following the sentencing, Edward files a lawsuit against Thomas for assault and battery. Thomas tells the court that he's already been tried for assault so he can't be tried again under the 5th Amendment.
- What will be the likely result?
- 1.Since Thomas was found guilty of the criminal charge of assault, Edward can sue him for the civil tort of assault. However, if Thomas had been found not guilty, Edward would not have been able to sue him.
- 2.As long as Thomas is in jail, he cannot be sued for the action for which he is in jail.
- 3.Edward's lawsuit against Thomas is a civil tort case, not a criminal case, and so the 5th Amendment doesn't apply, and the lawsuit will be allowed to go forward.
- 4.The 5th Amendment's protection against double jeopardy will keep Thomas from facing a second trial for his assault on Edward.
3.334 pointsQUESTION 12
- Eleanor likes to play practical jokes. One day she shoots a paintball at Markus, but she misses and instead hits her neighbor, Old Man Winston, putting his eye out.
- Old Man Winston is not happy and wants to do something about it, like sue Eleanor. What do you think Old Man Winston could sue Eleanor for?
- 1.He can sue Eleanor for an accidental tort because she hit Old Man Winston by mistake.
- 2.He can't really sue for anything because Eleanor didn't commit a tort, since Markus was Eleanor's target, not Old Man Winston and she coudn't have foreseen any harm to him.
- 3.He could sue Eleanor for an intentional tort because even though she meant to hit Markus, she still caused harm by hitting Old Man Winston.
- 4.He can sue for strict liability tort because shooting a paintball gun is an abnormally dangerous activity, so he doesn't have to show that Eleanor was negligent.
3.334 pointsQUESTION 13
- Jackie distributes a handbill throughout her neighborhood that says her neighbor Chester is a convicted sex offender. The statement is defamatory if:
- 1.Chester suffers emotional distress
- 2.the statement is true
- 3.the statement is false
- 4.a neighbor repeats it
3.334 pointsQUESTION 14
- Barbie is selling her house. She knows that the house has a termite infestation, but she does not reveal this on the seller disclosure form. When Skipper, a potential buyer, asks Barbie if there are any problems with the house, Barbie assures Skipper that there are no problems. Skipper purchases the house based on the assurance that there is nothing wrong with it. Barbie may be liable to Skipper on the basis of:
- 2.fraudulent misrepresentation
- 4.disparagement of property
3.334 pointsQUESTION 15
- Scout backs out of City Parking Garage, colliding with Dill's car.
- Dill may recover $7,500 to cover the cost of the repairs if Scout failed to act as:
- 1.a reasonable person
- 2.a realistic person
- 3.a faultless person
- 4.a blameless person
3.334 pointsQUESTION 16
- Mr. McFeely, a van driver for Speedy Delivery Company, causes a multi-vehicle accident on a city street. Mr. McFeely and Speedy Delivery are liable to
- 1.only those whose injuries could have been reasonably foreseen
- 2.only those who were uninsured
- 3.anybody who was injured
- 4.only those whose vehicles were closest to Mr. McFeely's van
3.334 pointsQUESTION 17
- Grant is driving the down the street when he is unexpectedly blinded by the sun and can't see anything. He doesn't stop or slow down but keeps on driving at the same speed anyway, goes through a red light, and runs into the side of Lee's car, which is making a protected turn onto the street. Can Lee recover damages from Grant?
- 1.Probably, because anytime somebody causes damage, that person has a duty to compensate for that damage no matter what.
- 2.Probably not, because it wasn't Grant's fault that he was momentarily blinded by the sun.
- 3.Probably, because Grant failed to exercise reasonable care when he continued driving even though he could no longer see what was ahead of him.
- 4.Probably not, because Lee has a duty to watch out for other people's driving mistakes and by failing to do so, he contributed to his own damages.
3.334 pointsQUESTION 18
- Mr. Howell slips and falls on Gilligan's Harbor Tour Boat and is injured. Mr. Howell files a suit against Gilligan's for $500,000. The jury found Gilligan's to be 80 percent at fault and, because he was drinking at the time, the jury found Mr. Howell to be 20 percent at fault.
- Under comparative negligence principles, how much will Mr. Howell recover?
3.334 pointsQUESTION 19
- Sabrina sends an email to Jill in which she says that Jill is a thief who has embezzled $250,000 in company funds over the past 18 months by filing false travel vouchers. This is untrue, but Sabrina genuinely thought it was true when she sent the email.
- Jill's friend Kelli is copied on the email and reads what Sabrina has written.
- If Jill sues Sabrina for defamation, Jill will . . .
- 1.probably win. Sabrina made a false statement and Kelli's reading of the email satisfies the publication element.
- 2.probably lose. The email was never actually published anywhere, as required by elements of the tort of defamation.
- 3.probably win. Sabrina made a false statement and her writing of the email satisfies the publication element.
- 4.probably lose. Sabrina made a false statement, but because Sabrina thought it was true at the time she made it, her opinion is protected under the 1st Amendment.
3.334 pointsQUESTION 20
- Mr. Roper, a landlord, installs two-way mirrors in his tenants' rooms through which he watches them without their knowledge.
- One day the tenants discover the mirrors. What can they do?
- 1.Sue him for defamation
- 2.Sue him for invasion of privacy
- 3.Sue him for false imprisonment
- 4.Sue him for public disclosure of private facts
3.334 pointsQUESTION 21
- Ernst and Gunter have a pet leopard, Mr. Wiggles, which they keep on their property in unincorporated southeast Bexar County.
- One day Mr. Wiggles gets loose. Ernst and Gunter call their neighbor, Granny Smith, to warn her to stay inside while they round him up, but Granny sees Mr. Wiggles sleeping under a tree in the park across the street and goes out to confront him with a broom. Mr. Wiggles attacks Granny and severely injures her.
- When Granny Smith sues Ernst and Gunter, they counter that she is responsible for her own injuries since she confronted Mr. Wiggles. What category of torts is going to be at issue here?
- 2.Strict Liability
- 3.Intentional Torts
3.334 pointsQUESTION 22
- Andy just got hit in the head with a baseball bat. He's not sure if he should sue the guy who hit him for assault or for negligence.
- What element, if present, would make this an intentional tort of assault?
- 1.Causation, especially foreseeability
- 2.Breach of duty
3.334 pointsQUESTION 23
- If you're going to sue somebody for negligence, the first thing you're going to have to do is establish:
- 1.that Res Ipsa Loquitur does not apply.
- 2.whether you were contributorily negligent.
- 3.that the reasonable person test applies.
- 4.that the defendant owes you a duty of care.
3.334 pointsQUESTION 24
- John accidently ran over Graham's toes with his motorcycle. As a result, Graham had to spend the night in the hospital. While he was in the hospital, a thief saw that Graham's house was empty, broke in, and stole his antique 8 track tape player.
- Graham sues John for negligence for running over his foot and wins. Will Graham be able to recover for the loss of his 8 track tape player in addition to his other damages like medical costs, pain and suffering, and loss of wages?
- 1.Probably. John should have known that he was going to cause other damage to Graham besides just his foot.
- 2.Probably not. Graham won't be able to recover because the value of the 8 track tape player is negligible.
- 3.Probably. Once John decided to operate his motorcycle, he assumed the risk and became responsible for everything that happened, no matter what.
- 4.Probably not. It was not foreseeable that John's negligent operation of a motorcycle could cause the disappearance of an 8 track tape player miles away.
3.334 pointsQUESTION 25
- Elrod points a gun at Monroe, threatening to shoot him if he does not steal from his employer, Northside Convenience Store, and give the stolen funds to Elrod. Charged with theft, Monroe can successfully claim, as a defense
- 4.nothing. He has no defense.
3.334 pointsQUESTION 26
- Enos, a police officer, wants to search the offices of the Duke Boys Corporation. Enos asks Judge Hogg to issue a warrant. Under the Fourth Amendment, no warrants for a search or an arrest can be issued without
- 2.probable cause
- 3.double jeopardy
- 4.reasonable doubt
3.334 pointsQUESTION 27
- In a jewelry store, Bonnie takes a diamond ring from the counter and drops it into her pocket. She turns around and takes five steps directly towards the exit of the store. Before she can leave the store, however, the store security guard, an off-duty police officer, stops her. She is arrested by a police officer and charged with larceny. She will likely be
- 1.found guilty because she took the ring with the intent to permanently deprive the owner of possession.
- 2.found not guilty because she was entrapped.
- 3.found not guilty because she only took five steps.
- 4.found not guilty because she didn't actually leave the store.
3.334 pointsQUESTION 28
- Police Officer Bill stops Ricky on the street and asks to look into Ricky's backpack. Ricky is polite but tells the office that he does not give the officer permission to look into his backpack. What Constitutional Amendment protects Ricky's right to be secure from unreasonable government searches?
- 1.5th Amendment
- 2.6th Amendment
- 3.4th Amendment
- 4.1st Amendment
3.334 pointsQUESTION 29
- Officer Bill looks into Ricky's backpack anyway and discovers a number of illegal pirated 8 track tapes, which it turns out Ricky has taken from Graham's house during a burglary. Ricky is arrested and charged with burglary.
- Assuming that Officer Bill did not have probable cause to inspect Ricky's backpack, what argument is Ricky going to use to in order to get the evidence Officer Bill found in the backpack excluded at trial?
- 2.Mistake of Law
- 3.Exclusionary Rule
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