Criminal Defendants - Introduction of Business Law - Past Exam, Exams of Commercial Law

Download Criminal Defendants - Introduction of Business Law - Past Exam and more Exams Commercial Law in PDF only on Docsity! Bus 201 Fall 2008 Midterm October 23, 2008 Professor Isler True/False Indicate whether the sentence or statement is true or false. ____ 1. A contract under seal is a formal contract. ____ 2. In Miranda v. Arizona, the United States Supreme Court held that criminal defendants must be informed of their right to remain silent. ____ 3. Common law is the body of judicial decisions that interpret and enforce the relationships among individuals or between individuals and their society which are not subject to constitutional, statutory, or administrative law. ____ 4. Arbitration can be either binding – in which case the arbitrator’s decision is legally binding – or nonbinding – in which case the arbitrator’s decision is merely advisory. ____ 5. Any oral or written testimony given in court about a statement made by someone else is called hearsay ____ 6. Attendance - In Marbury v. Madison (1803), arguably the most significant case in American constitutional law, the U.S. Supreme Court opined: It is emphatically the province and duty of the [courts] to say what the law is…. So if the law be in opposition to the Constitution … [t]he Court must determine which of these conflicting rules governs the case. This is the very essence of judicial duty A huge statue of the person who wrote the Supreme Court’s opinion in Marbury v Madison was constructed in the United States Supreme Court. The statue was constructed for Justice Marshall. ____ 7. Embezzlement may be committed without physically taking property from the possession of another. ____ 8. Most cases reach the U.S. Supreme Court on writ of certiorari, which requires that at least four justices agree the case merits the Court’s review ____ 9. The plaintiff is the party who filed a court action ____ 10. Negotiation is informal settlement talks between the parties requiring the presence of their attorneys. ____ 11. The Executive Branch (i.e., the President), which has the power to veto legislation passed by Congress and to appoint the members of the Judiciary ____ 12. Criminal law defines and enforces the duties or obligations of persons to one another whereas civil law, by contrast, defines and enforces the obligations of persons to society as a whole. ____ 13. A promisee is a person who makes a promise. ____ 14. Standing to sue means that an individual or entity must have a sufficient stake in the controversy before he, she, or it may bring suit. ____ 15. A crime punishable by imprisonment in a federal or state penitentiary for any period of time is a misdemeanor. Multiple Choice Identify the letter of the choice that best completes the statement or answers the question. ____ 16. People who: 1. Root for the Boston Red Sox; 2. Wear Boston Red Sox attire; 3. Identify with the Boston Red Sox; or 4. Associate with people who associate with fans of the Boston Red Sox are a. People who do not fully understand the nature and consequences of their actions d. Answer choices a, b and c are correct because as Professor “Go Yankees Go” Isler noted in class, the Boston Red Sox are a bunch of thugs who have brought shame to the game of baseball by placing a midget at second base, a guy who looks like Paul Bunion at first base, an overweight non-fielding “beauty” who has the nerve to call himself Papi, and a pitcher who shamed the cast of “River Dance” b. Insane e. The most wonderful fans in the world! Go Sox! c. Incompetent ____ 17. Mona says, falsely, that Nick is stealing from their employer. The statement is defamatory only if a. a third party hears it. b. Nick suffers emotional distress. c. the statement is made in an annoying manner. d. the statement is published in the media. ____ 18. Roy owns Roy's Cafe and lives in a state that follows the common law... A fire destroys the cafe, and Roy is arrested for setting it. Roy asks the court to dismiss the charges. What should the court do? a. dismiss the charges. b. allow the case to go forward. c. Allow the charges as long the prosecution can show that the building was at least charred or burned d. None of the above ____ 19. Stu makes an offer to Tina to enter into a contract. Tina accepts the offer. A valid contract requires a. a valid offer only. b. a valid acceptance only. c. a valid offer and a valid acceptance. d. neither a valid offer nor a valid acceptance. c. Carl only. d. neither Britney nor Carl. ____ 31. Attendance-Professor Isler collects a. paintings c. shot glasses b. Puma shoes d. maps ____ 32. Rollo promises to perform, for a price, shoe repair services in affiliation with Togs 'n Things, a clothing store. To support a contract, the consideration exchanged by the parties must be a. adequately considerate. b. equally valuable. c. legally sufficient. d. wisely priced. ____ 33. Actual malice must be demonstrated for recovery of damages in an action for defamation brought by a. Professor Isler c. IBM Corporation b. Paris Hilton d. Joe the local clerk at Safeway ____ 34. Macro Corporation and Micro, Inc., enter into an agreement. To constitute a contract a. all terms must be express. b. all terms must be implied. c. the terms may be express, implied, or a mix of both. d. the terms may be express or implied, but not both. ____ 35. Mary, who is charged with a crime, claims that Nick, a government agent, entrapped her. For entrapment to be a valid defense a. Mary must not have been predisposed to commit the crime. b. Nick must have pressured Mary into committing the crime. c. Nick must have suggested that the crime be committed. d. all of the above. ____ 36. The New York State legislature decided that they will no longer allow New York sports teams to employ Japanese ballplayers. The legislature enacted the rule because of recent fan violence that was directly targeted at Japanese players. The New York Mets then traded the two Japanese players that they had on the team and have refused to discuss a contract with any others. Hideki Matsui, a U.S. citizen, who is a Japanese-American, wants to play for the Mets but the Mets refuse to talk to him. Mr. Matsui, a U.S. citizen files a lawsuit sues in federal district court alleging that the law violates his Equal Protection Rights. If the lawsuit is filed in a proper court what should the judge do? a. Apply the strict scrutiny test c. Apply the Intermediate Scrutiny Test b. Apply the rational basis test d. Refuse to apply any of the Equal Protection Tests ____ 37. A deposition is a. a form of discovery c. the way to serve a corporate defendant b. a document that usually ends a trial d. a document that normally starts a trial ____ 38. The “Children’s Trespass Doctrine” and “Attractive Nuisance” Doctrines are a. no longer followed b. the same doctrines. c. no longer applied in California. d. only applied on farms. ____ 39. Bob pushes Carol and Carol steps on the grass on property owned by Obama. If Obama sues Bob for trespass what is the likely result? a. Bob should be held liable b. Bob should be held liable because it was he who caused something to happen upon Obama’s land c. Bob should not be held liable d. Bob should not be held liable because there was no damage to Obama’s land ____ 40. Which of the following statements, if any, is correct? a. Equitable relief will be awarded only when there is no adequate remedy at law c. Whoever seeks equity must do equity b. Whoever seeks equity must come to the court with “clean hands” d. All of the above ____ 41. Jane offers to pay Kyle $500 if he jogs across the Golden Gate Bridge. Kyle can accept the offer only by jogging across the bridge. If Kyle jogs across the bridge, he and Jane will have formed a. a bilateral contract. b. a moral obligation. c. a social contract. d. a unilateral contract. ____ 42. An elderly woman was having a difficult time climbing the steps on to a Greyhound Bus at the Greyhound Bus station in Seattle. Sam, the bus driver, got off the bus and started pushing the woman up the bus's steps in an effort to help her. As the driver pushed her up the steps, the woman dropped a large bag containing an oxygen device that the woman used when she had trouble breathing. An oxygen canister rolled away from the bus, and another bus ran over the canister. The canister exploded, causing the large bus tire that had crushed the canister to explode also. Some of the rubber from the exploding bus tire hit and severely injured Jim Stevenson, who was boarding another bus about twenty yards away. Based on the court's reasoning in Palsgraf v. Long Island Railroad Co., if Stevenson sues Greyhound for negligence, he will probably a. lose, because Greyhound did not set in motion the events that led to his injury. b. win, because Sam's pushing the elderly woman on to the bus was negligent. c. lose, because Stevenson's injury was not a reasonably foreseeable consequence of Sam's conduct. d. win, because Sam's conduct was the proximate cause of Stevenson's injury. ____ 43. Quinn promises to sell his recreational vehicle (RV) to Sid, who builds a structure behind his house in which to keep it. Quinn's attempt to renege on the promise is a. effective if Quinn did not ask Sid to build anything. b. effective if Quinn wants to sell the RV to someone else. c. not effective if Sid cannot obtain a similar RV for a similar price elsewhere. d. not effective if Sid is held to have detrimentally relied on the promise. ____ 44. Mei writes a check to Nat in an amount that represents half of her debt to him. On the back of the check, Mei includes the words "payment in full." Nat cashes the check. This discharges the entire debt a. if the debt is liquidated. b. if the debt is past due. c. if the debt is unliquidated. d. under no circumstances. ____ 45. The First Amendment protects Gail and other individuals who engage in speech that harms others' good reputations a. all of the time. b. none of the time. c. only if it is commercial speech. d. only if it is political speech. ____ 46. Bob pushes Carol and Carol steps on the grass on property owned by Obama. If Obama sues Carol for trespass what is the likely result? a. Carol will be held liable if Bob intended to push her. b. Carol will not be held liable as she did not intentionally step on the grass c. Carol will not be held liable because there were no damages d. Carol will be held liable whether or not Bob intended to push her ____ 47. Attendance- President Eisenhower had one regret in his life. That regret was: a. Not enlarging the U.S. Supreme Court to twelve justices c. Appointing Justice Earl Warren as Chief Justice of the United States b. Not serving as a U.S. Supreme Court Justice d. Not getting Richard Nixon elected President ____ 48. According to the United States Supreme Court in Miranda v. Arizona, an individual must be apprised of certain of his or her rights a. after any questioning. b. at any time during questioning. c. only in the absence of questioning. d. prior to subjecting the individual to custodial interrogation. ____ 49. Kevin Youkilis, a Massachusetts resident, was driving his Ford Pinto in San Mateo, California when he struck the fence of a house owned by Derek Jeter. Youkilis’ negligence caused $70,000 in damages. Jeter sued Youkilis in San Mateo Superior Court and Youkilis filed the appropriate paperwork to have the case transferred to U.S. District Court. The district court judge has asked you for a recommendation on how to deal with theYoukilis transfer request.. Which of the following would be the most appropriate action for you to take? a. administers the laws. b. enforces the laws. c. interprets the laws. d. makes the laws. Bus 201 Fall 2008 Midterm Answer Section TRUE/FALSE 1. ANS: T DIF: Easy 2. ANS: T DIF: Easy 3. ANS: T DIF: Easy 4. ANS: T DIF: Easy 5. ANS: T DIF: Easy 6. ANS: T I mentioned this in our very first class session. DIF: Moderate 7. ANS: T DIF: Easy 8. ANS: T DIF: Moderate 9. ANS: T DIF: Easy 10. ANS: F DIF: Easy 11. ANS: T DIF: Easy 12. ANS: F The opposite is true, civil law defines and enforces the duties or obligations of persons to one another whereas criminal law, by contrast, defines and enforces the obligations of persons to society as a whole DIF: Moderate 13. ANS: F DIF: Easy 14. ANS: T DIF: Moderate 15. ANS: F DIF: Easy MULTIPLE CHOICE 16. ANS: D DIF: Extremely Easy, even a bonehead knows this! 17. ANS: A DIF: Moderate 18. ANS: A DIF: Difficult 19. ANS: C DIF: Easy 20. ANS: C DIF: Moderate 21. ANS: D DIF: Difficult 22. ANS: B DIF: Easy 23. ANS: A DIF: Easy 24. ANS: C The U.S. Constitution is the supreme law of the land followed by federal statutory law thus Pong and Wong are incorrect making Fong correct. DIF: Difficult 25. ANS: B DIF: Easy 26. ANS: D DIF: Moderate 27. ANS: A DIF: Moderate 28. ANS: C DIF: Difficult 29. ANS: C DIF: Easy 30. ANS: B DIF: Difficult 31. ANS: B DIF: Easy 32. ANS: C DIF: Moderate 33. ANS: B DIF: Moderate 34. ANS: C DIF: Difficult 35. ANS: D DIF: Moderate 36. ANS: A DIF: Difficult 37. ANS: A DIF: Easy 38. ANS: B As I mentioned in class, these are the same doctrines DIF: Easy 39. ANS: B DIF: Moderate 40. ANS: D Choices a, b, and c are all proper statements of “equitable Maxims.” DIF: Moderate