American law originates from England France Germany Indonesia The United States
ID: 427338 • Letter: A
Question
American law originates from
England
France
Germany
Indonesia
The United States Constitution is what type of document
Federal
State
Municipal
International
Which of the following is not a source of American law.
Americans with Civil Rights Act
Mississippi Aviation Statute
Lorman Noise Control Ordinance
Fraternal Order of Police bylaw
Which of the following (below) is not a source of American law?
North Atlantic Free Trade Agreement
Resolution passed by Congress to fund war with Iraq
Executive Order to stop stem cell cultivation
Geneva convention peace resolution
Which of the following is not a source of American law?
U.S.-Taiwan Treaty
U.S.-Japan Trade Agreement
U.S-Mexico Trade Agreement
U.S.-Britain agreement to meet in Ireland for peace summit
U.S. Presidents Jimmy Carter, Ronald Reagan, George Bush, Barack Obama represent . . .
The judicial branch of state government
The executive branch of local government
The legislative branch of American government
The executive branch of federal government
Mississippi governors Phil Bryant, Ronnie Musgrove and Haley Barbour represent . . .
The executive branch of state government
The legislative branch of American government
The legislative branch of state government
The judicial branch of local government
What clause in the Constitution confers upon Congress the power to regulate commerce?
Article I section 8 clause 3 (Commerce Clause)
Article VI (the Supremacy Clause)
Article IV (Full Faith and Credit Clause)
Article II (the Executive Privilege Clause)
Which of the following is not a source of American law?
Jackson ordinance against profiling.
Mississippi statute on trespass.
Civil Rights Act
NAACP resolution against discrimination
Standing alone, the First Amendment freedom of speech applies to which of the following parties:
Private university police officer tells student not to talk in classroom
State legislative representative who tells secretary not to speak else she’ll be fired
President of U.S. who tells undercover agent not to speak out against Iraq war
City mayor who tells demonstrators they cannot talk while marching
To whom does the First Amendment freedom of speech protection (as applied by the Fourteenth Amendment) not pertain:
Public university police officer tells student not to talk in classroom
City mayor who tells demonstrators they cannot talk while marching
State legislature who tells secretary not to speak else she’ll be fired
President of U.S. who tells undercover agent not to speak out against Iraq war
Which is not a basis of American law
Common law
Policy law
Case law
Judge-made law
An employer decides to fire an employee on the basis of gender. Which of the following applies?
The employer’s action is ethical.
The employer’s action is ethical and illegal.
The employer’s action is illegal.
The employer’s action is unethical and illegal.
Which of the following statements regarding commercial speech for businesses is accurate?
Commercial speech enjoys the same Constitutional protections as noncommercial speech.
Commercial speech provides an absolute guarantee of freedom to advertise
Fraudulent commercial speech is protected.
Truthful commercial speech is protected.
Which statement is most correct?
Appellate courts focus on errors of law made at the appellate level.
Appellate courts focus on errors of law made at trial.
Appellate courts focus on factual errors made trial.
Appellate courts focus on fact-finding
Specific performance is a contractual remedy at law or at equity?
Equity
Law
None of the above
both
In which scenario will a court of equity grant the remedy of specific performance?
To make Frank Sinatra sing at a concert he doesn’t want to sing at.
To make Acme chemical deliver bleach it doesn’t want to deliver.
To make a doctor perform a surgery doctor doesn’t want to perform.
To make home seller sell home, he doesn’t want to sell.
True or False: American citizens have unlimited rights.
False
True
Maybe
Sometimes
American citizens have rights emanating from which of the following source:
Government (state, local, federal)
U.S. Constitution
U.S. Supreme Court cases
All of the above
None of the above.
What are the three levels of American government?
Legislative, Executive, Judicial
Federal, State, Local
United States’ form of government
Congress, President, Supreme Court
What are the Civil War Amendments?
13th, 14th, 15th
9th, 10th, 11th
1st, 2nd, 3rd,
Equal protection, Privileges and Immunities, and Due Process
What is most significant about the 13th Amendment? (You better know this questions)?
It freed the slaves
It is after the 12th Amendment
It precedes the 14th Amendment
It proscribes individual conduct
Abraham Lincoln helped it get ratified
In which instance would the Fourteenth Amendment be applicable?
To stop a private individual from discriminating against a Black.
To stop a private individual from discriminating against a Mexican.
To stop a state official from discriminating against a Black.
To stop a federal official from discriminating against a Mexican.
A reading of the Preamble demonstrates reasons for writing the Constitution. Which is not one of them?
to form a more perfect union
to promote the general welfare of American citizens
to establish provide opportunities for each citizen to have life
to provide for the common defense
to establish justice and liberty in the United States
What are the first ten amendments to the U.S. Constitution called?
The Declaration of Independence
The First Ten
The Bill of Rights
Unalienable Rights
Which of the following freedoms is NOT guaranteed by the first amendment?
the right to bear arms (guns)
the right to free speech
the right to a free press
O.J. Simpson is on trial for the murder of Nichole Brown Simpson and Ronald Goldman. What body of law will handle the adjudication of the criminal case? O.J. Simpson is found not guilty. If the family of Nichole Brown Simpson and Ronald Goldman now elect to sue for damages (money), what body of law will handle the adjudication of the case? Choose the best answer.
Tort law
The civil law
The administrative law
The judicial law
Personal injury law is synonymous with
Tort law
Contracts law
Criminal law
Property law
To succeed in a lawsuit for assault, the apprehension of a battery must be :
reasonable
required
wrecked
demolished
In a battery lawsuit, the contact with a person must intentional or unintentional.
Intentional
Unintentional
Either intentional or unintentional
Neither intentional or unintentional
Can an assault occur if the Plaintiff is unaware of the assaulting conduct?
Yes
No
What is the appropriate lawsuit where a Plaintiff is made to experience severe emotional distress because of the Defendant’s OUTRAGEOUS conduct
Intentional infliction of fear
Intentional infliction of emotional distress
Intentional infliction of physical distress
Intentional infliction of psychological distress
Doing with someone else’s personal property that only the legal owner has the right to do constitutes the tort of
Conversion
Conflict
Contravention
Condution
Driver is stopped at a red light. Tim Trucker works for Gasoline Transport, LLC. Trucker is stopped beside Driver with a full load of gasoline in the back. Suddenly a huge explosion occurs injuring Driver. Investigations report that the Trucker had not sealed the gas tank and the truck exploded badly burning driver. Is Gasoline Transport Trucker liable?
Yes, because the trucker is engaged in ultrahazardous activity.
Yes, because the trucker is engaged in a careless act.
No, because the trucker is not engaged in ultrahazardous activity.
No, because the trucker is not engaged in a careless act.
Driver is stopped at a red light. Tim Trucker works for Gasoline Transport, LLC. Trucker is stopped beside Driver with a full load of gasoline in the back. Suddenly a huge explosion occurs injuring Driver. Investigations report that the Trucker had not sealed the gas tank and the truck exploded badly burning driver. Can Driver mount a lawsuit against Gasoline Transport Trucker, LLC ?
Yes, if Driver was a foreseeable plaintiff.
Yes, if Driver was careful.
No, if the trucker was careful in the past.
No, if Driver’s injuries were less than $500.
Driver is stopped at a red light. Tim Trucker works for Gasoline Transport, LLC. Trucker is stopped beside Driver with a full load of gasoline in the back. Suddenly a huge explosion occurs injuring Driver. Investigations report that the Trucker had not sealed the gas tank and the truck exploded badly burning driver. Can Driver mount a lawsuit against TRUCKER?
Yes, if Driver was a foreseeable plaintiff.
Yes, if Driver was careful.
No, if the trucker was careful in the past.
No, if Driver’s injuries were less than $500.
Driver is stopped at a red light. Tim Trucker works for Gasoline Transport, LLC. Trucker is stopped beside Driver with a full load of gasoline in the back. Suddenly a huge thunder storm erupts and lightning strikes the Transport Truck blowing up the gasoline being carried causing severe burns and injury to the Driver’s car as well as severely injuring Driver. Whether Gasoline Transport, LLC is liable under tort analysis hinges on what legal liability theory?
Negligence
Strict liability
Products liability
Vicarious liability
Examples such as Phen-Phen, an acne medication that causes a break-out, Vioxx, asbestos law suits constitute the basis of __________________ law suits.
Negligence
Strict liability
Products liability
Vicarious liability
Contact is necessary for the Intentional Tort of:
Battery
Assault
Assault and batter
B and C
A sufficient act of restraint done with intent to confine is a
False notion
False imprisonment
Locking one up
Kidnapping
Calling someone “Witch” 10x’s a day for 30 days may qualify for what intentional tort?
False imprisonment
Assault
Intentional infliction of emotional distress
Battery
None
All
Larceny is criminal theft. What is the “civil side” of criminal theft?
Conversion
Larceny by trick
Stealing personal property
Trespass to chattel
What is the French word of “harm” or “injury”?
Contracts
Criminal law
Property law
Tort
Becky punches Kelly in the nose. Becky has committed the tort of assault.
True
False
Somewhat false
Somewhat true
Becky punches Kelly in the nose. Becky has committed the tort of battery.
True
False
Somewhat false
Somewhat true
A _____________ “is a promise that the law will enforce.”
Offer
Acceptance
Legal Promise
Contract
The offeror is always the
Offeree
Promisor
Promisee
All of the above
None of the above
Within every offer is a
acceptance
profit
request
promise
The following statement is a(n): “I will sell you my house for $100K.”
Acceptance
Inquiry
Offer
Agreement
Speaker says to Listener: “I will sell you my house for $100K.” Listener says to Speaker: “Okay.” The court interprets the words “Okay” as:
Acceptance
Inquiry
Offer
Agreement
What are the elements of a valid contract?
CONTRACT--------->AGREEMENT + CONSIDERATION + NO DEFENSES
CONTRACT--------->Acceptance + CONSIDERATION + NO DEFENSES
CONTRACT--------->Offer + CONSIDERATION + NO DEFENSES
CONTRACT--------->AGREEMENT + CONSIDERATION + DEFENSES
Translate the following into legalese: “I will sell you my house for $100K.”
“I will sell you my house for $100K.”
“I promise to sell you my house for $100K.”
“I will promise to sell you my house for $100K.”
“How much do you want me to sell you my house?” “$100K?”
Seller writes Buyer: “I will sell you my house for $100K.” Buyer writes Seller: “Ok”. Translate into legalese, Buyer’s response:
“I will buy your house for $100K.”
“I promise to buy your house for $100K.”
“I will promise to buy your house for $100K.”
“How much do you want me to buy your house?” “$100K?”
Seller writes Buyer: “I will sell you my house for $100K.” Buyer writes Seller: “Ok”. What is the result of this written interchange?
Agreement
Exchange of money for house
Exchange of performances (money for house)
Contract
Seller writes Buyer on 1/1/09 and says: “I will sell you my house for $100K closing will be 12/31/09.” Buyer writes Seller: “Ok”. As the result of this written interchange, what is the consideration?
Seller’s promise to sell the house for $100K & Buyer’s promise to buy.
Seller’s promise to sell the house for $100K & Seller’s duty to sell
Seller’s promise to sell the house for $100K & Buyer’s right to buy.
Seller’s promise duty to sell the house for $100K & Buyer’s duty to buy.
Seller writes Buyer on 1/1/09 and says: “I will sell you my house for $100K closing will be 12/31/09.” Buyer writes Seller: “Ok”. As the result of this written interchange: Do we have a contract?
Yes
No
Yes so long as there are no defenses
No so long as there are no defenses
Seller writes Buyer on 1/1/09 and says: “I will sell you my house for $100K closing will be 12/31/09.” Buyer writes Seller: “Ok”. As the result of this written interchange, what are the terms of the contract?
Seller and Buyer have a contract to sell and buy, respectively, a $100K house with date of closing being 12/31/09.
Seller and Buyer have a contract to sell and buy, respectively, a $100K house.
Seller and Buyer have a contract to sell and buy.
Seller and Buyer have a contract.
Seller writes Buyer on 1/1/09 and says: “I will sell you my house for $100K closing will be 12/31/09.” Buyer writes Seller: “Ok”. As the result of each the Seller giving the Buyer the deed to the House and Buyer giving Seller the $100K by 12/31/09, have the parties performed?
No because the parties performed
Yes because the parties performed
Yes because there was no contract to perform
Yes because the parties are in breach of the contract
Seller writes Buyer on 1/1/09 and says: “I will sell you my house for $100K closing will be 12/31/09.” Buyer writes Seller: “Ok”. On 1/1/10, Buyer failed to pay for the house. Buyer’s failure to buy the house is called____________?
Failure to buy
Failure to purchase
Breach
Screech
Seller writes Buyer on 1/1/09 and says: “I will sell you my house for $100K closing will be 12/31/09.” Buyer writes Seller: “Ok”. On 1/1/10, Buyer failed to pay for the house. What are the damages?
Nothing
Something
Buyer is entitled to $100K
Seller is entitled to $100K
To have a K, there must be Contract-----> Agreement + Consideration. If there is a defense, that defense will destroy the Contract. Suppose: Ike promises Bie to sell Ike’s bike to Bie for $5.00. Bie says: “I’ll take it.” What is the consideration?
Exchange of promises
Promise to sell bike for the promise to buy the bike for $5.00 [this is the better, more exact answer.]
The condition that the bike is usable
There is none
On 1/1/08 Doc says: “I promise to paint your house, $100 on 12/1/08.” Roc says: “Ok.” When did the contract occur?
When Doc paints
When Roc pays
When Doc and Roc paint and pay respectively
When Doc and Roc offer and accept respectively
Explanation / Answer
American law originates from Great Britain or England. It is based on English principles of wrong and right.
The United States Constitution is what type of document
It is a federal type of document and the government of US runs on federal document
Which of the following is not a source of American law?
Lorman Noise Control Ordinance
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