<p> Business Law, Spring 2005 Professor Steven L. Isler February 22, 2005</p><p>Identify the letter of the choice that best completes the statement or answers the question.</p><p>1. To be classified as a tort, a wrongful act</p><p>[A] may be a result of carelessness. [B] must result in injury to a person or a person’s property. [C] may be deliberate. [D] any of these.</p><p>2. In which of the following situations does a battery occur?</p><p>[A] Biggs is hit in the head by a wild pitch and seriously injured while batting in a hardball game. [B] O’Grady is injured by a punch in the nose received by a boxing opponent during a boxing match. [C] Johnson is tackled during a college football game he is playing in and suffers an injury to his back. [D] Williams is deliberately tripped and seriously injured by an unfriendly movie patron trying to get ahead of Williams in the ticket line.</p><p>3. Merchants are very cautious about accusing and holding people for shoplifting because they may be sued for</p><p>[A] battery. [B] negligence. [C] assault. [D] false imprisonment.</p><p>4. One way for a retail merchant to avoid liability in a false arrest suit by a customer suspected of shoplifting is to prove that</p><p>[A] the store manager was new. [B] the customer really didn’t shoplift. [C] the customer consented to being detained. [D] no security guard was on duty.</p><p>5. By orally repeating a rumor that he knew to be false, Ralston caused injury to Hicks’ reputation. Ralston was guilty of</p><p>[A] fraud. [B] trespass. [C] libel. [D] slander.</p><p>6. For several weeks Bates used his noisy power lawn mower every Sunday morning at sunrise. Several neighbors asked him to mow his lawn at another time; Bates refused. The best legal course of action for the neighbors to take to stop this nuisance would be to</p><p>[A] present a signed petition to the mayor of the city. [B] seek a court injunction against the continuation of the act. [C] sue Bates for money damages. [D] swear out a warrant for Bates’ arrest.</p><p>7. An example of a tort that is not intentional is</p><p>[A] negligence. [B] infliction of mental distress. [C] fraud. [D] wrongful death.</p><p>8. The first papers served in a civil action are</p><p>[A] a summons and answer. [B] the complaint and summons. [C] a deposition and subpoena. [D] a complaint and answer.</p><p>9. The order in which the events of a civil trial occur is</p><p>[A] pretrial procedures, summons, judgment. [B] summons, jury selection, verdict. [C] verdict, charge to jury, testimony. [D] complaint, verdict, pretrial procedures.</p><p>10. The plaintiff in a civil lawsuit is the</p><p>[A] state. [B] person being sued. [C] attorney for the person injured. [D] person injured.</p><p>11. A pretrial device used to prevent surprises during the actual trial of a civil case is called [A] a complaint. [B] a notice of appearance. [C] a voir dire. [D] discovery.</p><p>12. A prospective juror may be dismissed arbitrarily without any reason being given if an attorney for one of the parties in a lawsuit exercises a</p><p>[A] default judgment. [B] peremptory challenge. [C] challenge for cause. [D] move for a mistrial.</p><p>13. In a civil case, the plaintiff must establish the truth of his or her claim by</p><p>[A] a preponderance of the evidence. [B] asking for a motion to dismiss. [C] direct examination. [D] proving his or her facts beyond a reasonable doubt.</p><p>14. The questioning of a witness for the plaintiff by the attorney for the defendant is called</p><p>[A] cross-examination. [B] direct examination. [C] redirect examination. [D] indirect examination.</p><p>15. The parties who select arbitration as a way to settle their dispute agree to</p><p>[A] discovery procedures if the arbitrator cannot reach a decision. [B] be bound by the decision of the arbitrator and not to challenge the award in court. [C] challenge the arbitrator’s award. [D] mediation if either one of the parties is not successful at arbitration.</p><p>16. The power of courts to hear and decide a case is known as</p><p>[A] accommodation of interests. [B] constitutionality. [C] judicial review. [D] jurisdiction. 17. The role of an appellate court is to</p><p>[A] try a case for the first time. [B] review a case that has already been tried in a lower court. [C] select a jury to help decide a case. [D] select attorneys to present a case.</p><p>18. Most state court systems include all of the following except</p><p>[A] bankruptcy courts. [B] intermediate-level appeals courts. [C] lower-level trial courts. [D] an appellate court of final resort.</p><p>19. A federal court has limited jurisdiction in a</p><p>[A] constitutional issue. [B] bankruptcy case. [C] murder case. [D] small claims action.</p><p>20. The trial courts in the federal court system are called</p><p>[A] tax courts [B] U.S. district courts. [C] criminal courts. [D] bankruptcy courts.</p><p>21. What are the grounds for trying a case in a federal court?</p><p>[A] Bankruptcy and state crimes [B] Federal issues and diversity of citizenship [C] State crimes and diversity of citizenship [D] Only diversity of citizenship cases involving $50,000 or more</p><p>22. The amendment to the U.S. Constitution that protects the individual’s right to privacy by prohibiting unreasonable search and seizure by government is the [A] Fifth Amendment. [B] Sixth Amendment. [C] First Amendment. [D] Fourth Amendment.</p><p>23. A major reason rules or laws were first established was to</p><p>[A] restrict people’s movement in society. [B] provide jobs for people. [C] protect the rights of individuals against acts by others. [D] make it possible for the majority to rule the rest.</p><p>24. The first kind of law to come into existence was</p><p>[A] statute law. [B] administrative law. [C] constitutional law. [D] common law.</p><p>25. Law in the United States is derived from</p><p>[A] constitutions, statutes, and ordinances. [B] case law. [C] administrative regulations. [D] all of these.</p><p>26. The practice of following precedents in deciding later cases is known as</p><p>[A] statute law. [B] equity. [C] moral law. [D] stare decisis.</p><p>27. The relief granted in a civil action is</p><p>[A] punishment. [B] having a person arrested. [C] bringing an action against society. [D] money damages. 28. Remedies available in a civil action include all of the following except</p><p>[A] damages. [B] ordering a person to perform a certain act. [C] a prison term. [D] ordering a person to refrain from certain conduct.</p><p>29. It is not within the power of states to regulate</p><p>[A] zoning. [B] postal delivery. [C] marriage. [D] traffic control.</p><p>30. A police officer’s legal right to conduct a reasonable search of a person who has been arrested is provided for in the</p><p>[A] First Amendment. [B] Fourth Amendment. [C] Sixth Amendment. [D] Fifth Amendment.</p><p>31. Extra Credit. Who won the Daytona 500?</p><p>[A] Shaquille O’Neal. [B] Tony Stewart [C] Jeff Gordon [D] Dale Jarrett [E] Rusty Wallace.</p><p>32. During the first class I advised you to review the student forum everyday. In a recent poll question on the forum, I asked “what was the best Superbowl commercial? Which choice won the poll?</p><p>[A] GoDaddy.com (the lady in the tank top) [B] Ameriquest (the guy who got the “beat down” in the convenience store. [C] Cadillac Autos (take your mother’s car). [D] Bud Light (the pilot jumps out of the plane after the Bud Light) [E] P Diddy (driving in the Pepsi truck) [1] [D] [2] [D] [3] [D] [4] [C] [5] [D] [6] [B] [7] [A] [8] [B] [9] [B] [10] [D] [11] [D] [12] [B] [13] [A] [14] [A] [15] [B] [16] [D] [17] [B] [18] [A] [19] [B] [20] [B] [21] [B] [22] [D] [23] [C] [24] [D] [25] [D] [26] [D] [27] [D] [28] [C] [29] [B] [30] [B] [31] [C] [32] [C]</p>