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Multiple Choice
1. If a state law conflicts with a federal law, which provision will likely be at issue?
a. Article I
b. The Supremacy Clause
c. 14th Amendment’s Due Process Clause
d. 5th Amendment’s Due Process Clause
2. Concerning Congress’ ability to create Gun-Free school zones, the Supreme Court has ruled that Congress:
a. Can create such zones pursuant to their responsibility to provide for the “general welfare.”
b. Can create such zones pursuant to their police powers.
c. Cannot create such zones because the zones violate the right to bear arms.
d. Cannot create such zones because the zones do not regulate interstate commerce, or require a connection to interstate commerce.
3. If a state sold personal information of its citizens to private companies, the Congress could prohibit such sales by a state pursuant to its authority under:
a. The Commerce Clause.
b. The Contracts Clause.
c. The 10th Amendment.
d. Congress could not prohibit such sales because the states are sovereign.
4 The level of review for equal protection issues involving subsidies to sugar beet farmers but not to sugar cane growers would be:
a. rational basis
b. strict scrutiny
c. intermediate scrutiny
d. none of the above
5. What constitutional provision was important in the Court’s decision in the Dustin Hoffman case?
a. The Commerce Clause
b. The Free Speech Clause
c. The Right of Publicity
d. None of the above.
6. A foreign corporation operating in a state must provide the state with the name of a registered agent to:
a. Conduct the business of the corporation.
b. Inform shareholders of shareholder meetings.
c. Receive all consumer complaints.
d. Receive service of process.
7. After a jury finds in favor of the plaintiff, if the Court were to enter judgment in favor of the defendant, this would be called:
a. reversal
b. judgment notwithstanding the verdict (j.n.o.v.)
c. remand
d. none of the above
8. Merchants can detain a suspected shoplifter under certain circumstances pursuant to:
a. The common law rule of shoplifters
b. The U.S. Constitution
c. State Merchant Protection Statutes
d. Federal Merchant Protection Statutes
9. Which is not an element of negligence?
a. The plaintiff suffered an injury.
b. The defendant owed a duty of care to the plaintiff.
c. The defendant intended to injure the plaintiff.
d. The defendant’s negligent act caused the plaintiff’s injury.
10. To hold the defendant liable for negligence the plaintiff must prove:
a. actual causation.
b. proximate causation.
c. both a. and b.
d. neither a. or b.
11. Referencing negligence, foreseeability relates to:
a. intent
b. actual cause
c. proximate cause
d. duty
12. Which is not an element of negligent infliction of emotional distress?
a. A reasonable person would have suffered severe emotional distress under the circumstances.
b. Plaintiff is a close family member of the person they see injured of killed.
c. The plaintiff was at the scene were the person was injured or killed.
d. The plaintiff suffered severe emotional distress.
13. If a baseball player is injured by a line drive while playing a game, the defendants to a suite alleging negligence would likely argue:
a. The plaintiff should have caught the ball.
b. They did not intend to injure the plaintiff.
c. The ball did not cause the plaintiff’s injuries.
d. The plaintiff assumed the risk of injury.
14. Strict liability for injuries resulting from a tiger attack at a zoo will be imposed if:
a. The Court finds that the defendant did not exercise reasonable care.
b. The Court finds that the keeping of a tiger was abnormally dangerous.
c. The Court finds that the defendants intended to act recklessly.
d. None of the above.
15. The Lanham Act prohibits:
a. false advertising
b. monopolistic activities
c. securities violations
d. tax fraud
16. If a college student places a post on a coed’s my-space webpage which could cause people to believe that the coed has low moral standards, which of the following legal theories makes the most sense for her law suit?
a. negligence
b. intentional infliction of emotional distress
c. negligent infliction of emotional distress
d. false light invasion of privacy
17. Which legal theory deals with a person’s right to control and profit from the commercial use of his or her name and personality during his or her lifetime.
a. copyright
b. trademark
c. false light invasion of privacy
d. misappropriation of the right to publicity
18. Which generic words were once trademarks.
a. Escalator
b. Dry Ice
c. Kerosene
d. All of the above
19. If an offer is made and accepted, what else is required to form a binding contract?
a. consideration
b. a written document
c. notarized signatures
d. none of the above
20. To determine whether of not an agreement has actually been reached to form a contract, the determination must be made from the perspective of the:
a. offeror
b. offeree
c. a reasonable person
d. none of the above
21. The theoretical basis for quasi-contracts or implied in law contracts is:
a. unjust enrichment
b. broken promises
c. lack of consideration
d. none of the above
22. An advertisement is generally considered to be an:
a. offer
b. acceptance
c. invitation to make an offer
d. none of the above
23. Under the common law, acceptance of an offer that adds additional terms is legally considered to be:
a. a counteroffer
b. an acceptance
c. void
d. none of the above
24. In the U.S., an offer placed in the mail is deemed to have been accepted (unless otherwise stated in the offer):
a. When the acceptance is received.
b. When the acceptance is placed in the mail.
c. When the offeror acknowledges receipt of the acceptance.
d. None of the above.
25. The Supreme Court of Tennessee held that Elvis’ estate was not bound to pay Elvis’ fiancé’s mother’s mortgage, because there was no:
a. offer
b. acceptance
c. consideration
d. intent to commit
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