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BLAW240Midterm

NAME:
_______________________________________________________________________
TRUEorFALSE(1pointeach)
Please indicate whether each of the statements below is True or False by circling the
correct response below the statement:
1. The concept of federal law taking precedence over state or local law is called the
preemption doctrine.
TRUE FALSE
2. A party to a lawsuit may NOT request a change of venue in order to find a jury that is
not prejudiced.
TRUE FALSE
3. The defendant can be held liable for injuries caused by the superseding event.
TRUE FALSE
4. A plaintiff, by filing a lawsuit with a court, gives the court inpersonamjurisdiction
over himself or herself.
TRUE FALSE
5. The statute of limitations for all lawsuits in the United States is two years.
TRUE FALSE
6. A deposition is oral testimony given by a party or witness during the trial.
TRUE FALSE
7. Assumption of the risk is a defense a defendant can use against a plaintiff who
knowingly and voluntarily participates in a risky activity that results in injury.
TRUE FALSE

_____________________________________________________________________
8. A participant in an activity covered by strict liability laws will be held liable for any
injuries caused by the activity, even if he or she was not negligent.
TRUE FALSE
9. If a defendant is found not guilty in a criminal case, the government can retry the case
with a new jury.
TRUE FALSE
10. If an invention is obvious, then it does not qualify for a patent.
TRUE FALSE
11. Equity is a doctrine that permits judges to make decisions based on fairness, equality,
moral rights, and natural law.
TRUE FALSE
12. The fair use doctrine for copyrights allows certain limited unauthorized use of
copyrighted materials..
TRUE FALSE
13. If a plaintiff is injured, the damages recoverable depend on the effect of the injury on
the plaintiff's life or profession.
TRUE FALSE
14. John watches his brother being killed in a road accident. The perpetrator was driving
under the influence of alcohol. John can recover damages for negligent infliction of
emotional distress for the mental trauma he suffered from watching his brother die.
TRUE FALSE
15.If a nurse administers CPR to save the life of a dying man and negligently injures the
man's arm in the process, the nurse cannot be sued as he or she is protected by Good
Samaritan statutes.
TRUE FALSE

PARTTWOMULTIPLECHOICE(worth3pointseach)
Please circle the correct answer.
1.

What is considered to be the supreme law of the land in the United States?
A.
B.
C.
D.

2.

judicial decisions issued by the state courts


the Constitution of the United States of America
the federal statutes passed by the United States Congress
executive orders passed by the President

In a litigation process, the party who files a complaint is called the ________.
A. bailiff
B. Plaintiff
C. Prosecutor
D. Defendant

3.

Which of the following statements is true about appeals?


A. Only the plaintiff can appeal the court's decision in a civil case.
B. Only the defendant can appeal the court's decision in a criminal case.
C. An appeal can be made before the trial court gives its final judgment.
D. An appellate court cannot reverse a lower court's decision.

4.

In which of the following cases does a class action occur?


A. There are no factual disputes to be decided by the jury.
B. The defendant has multiple grounds for appeal.
C. A group of plaintiffs collectively bring a lawsuit against a defendant.

D. The plaintiff does not reply to the defenders cross-complaint.

5.

The statute of limitations establishes the period within which ________.


A. a plaintiff must bring a lawsuit against a defendant
B. a defendant must file a written answer against a plaintiffs complaint
C. a defendant can file a cross-complaint against the plaintiff
D. a motion for judgment on the pleadings can be made by either party

6.

Which of the following provisions is made by the Due Process clauses?


A. No person shall be deprived of life, liberty, or property without due process of
the law.
B. No state can regulate foreign trade directly or indirectly without due process of
the law.
C. Motions for amendments to the constitution cannot be made without a majority
in the parliament.
D. Violation of freedom of speech makes the violator liable for immediate
prosecution with due process of the law.

7.

The threat of immediate harm or offensive contact is termed as ________.


A. battery
B. assault
C. disparagement
D. libel

8.

Harvey was at his college reunion where he noticed Raymond, his former roommate.
Harvey and Raymond did not get along well at the reunion. Offended by something
Raymond mentioned, Harvey punched him in the face which broke his jaw. Harvey is
liable for ________.
A. breach of duty of care
B. disparagement
C. battery
D. assault

9.

________ refers to a defect that occurs when a manufacturer does not place information
about the dangers of using a product on its packaging, causing injury if the dangers are
unknown.
A) Failure to warn
B) Defect in manufacture
C) Failure to provide adequate instructions
D) Defect in packaging

10.

Michael wanted to shoot Gary but accidentally injured Stella with the bullet. Which of
the following can Stella use to recover damages from Michael?
A. Doctrine of unintentional tort
B. Doctrine of proximate cause
C. Doctrine of negligence
D. Transferred intent doctrine

11.

Gary Govetty is a famous movie star. A tabloid published an interview with his exgirlfriend in which she falsely claimed that Gary was completely bald and had been
wearing a wig for several years. Gary can sue his ex-girlfriend for ________.
A. slander
B. invasion of the right to privacy
C. tort of appropriation

12.

Under the ________ doctrine, damages are apportioned according to fault.


A. Contributory negligence
B. Comparative fault
C. Proximate cause
D. Assumption of risk

13.

Martha is walking along a street with her son when he is hit by a passing car just as he
steps off the pavement. He dies in his mothers arms, leaving her traumatized. The court
hearing the case rules that Marthas son was not responsible for the accident. Martha
can sue the person who killed her son to recover damages for ________.
A. tort of outrage
B. breach of duty of care
C. negligent infliction of emotional distress
D. transfer of intent

14.

According to the doctrine of strict liability, which of the following parties is strictly liable
for injuries caused by a defective product?
A. only the manufacturers of the products

B. only the parties directly involved in the sale of the product to the customer
C. all parties providing services related to the product
D. all parties in the chain of distribution

15.A person driving over the prescribed speed limit in a suburban area hits and injures a
pedestrian jaywalking against a red Do Not Walk sign. The jury finds that the driver is
80 percent responsible for the accident and the jaywalker is 20 percent responsible. The
pedestrian suffered $100,000 in injuries. If the state in which this case is heard adopts the
doctrine of contributory negligence to interpret such cases, the pedestrian is entitled to
________.
A. recover $20,000 from the driver
B. recover $80,000 from the driver
C. recover $100,000 from the driver
D. recover no damages from the driver

16.

________ refers to monetary damages that are awarded to punisha defendant who either
intentionally or recklessly injured the plaintiff.
A. Reliance damages
B. Consequential damages
C. Punitive damages
D. Nominal damages

17.

Kickers, Inc. has produced a new kind of candy bar, but they fail to mention on the
packaging that the bar contains gluten and nuts. Consequently, many consumers who eat
the bars suffer from severe allergic reactions. Which of the following can the injured
customers cite as a defect in a strict liability lawsuit against Kickers?
A. defect in design

B. defect in packaging
C. failure to warn
D. failure to provide adequate instructions

18.

A closely guarded formula for a recipe protected by a soft drink manufacturer would be
considered as an example of a ________.
A. copyright
B. patent
C. trademark
D. trade secret

19.

________ is a legal right that gives the author of qualifying subject matter, and who
meets other requirements established by law, the exclusive right to publish, produce, sell,
license, and distribute the work.
A. Trade secret
B. Trademark
C. Copyright
D. Patent

20.

A ________ is a grant by the federal government upon the inventor of an invention for
the exclusive right to use, sell, or license the invention for a limited amount of time.

A. copyright
B. patent
C. trade secret
D. trademark