1. Sarah Shopper goes to Marlin's Department Store to look for clothes. The store happens to be in the process of remodeling and there is a lot of clutter in the aisle. Sarah trips over the clutter and is injured. Sarah's status with regard to the store is that of
A. licensee.
B. business invitee.
C. public invitee.
D. trespasser.
E. shoplifter.
2. Mr. Large files suit against Mr. Small. The parties engage in extensive discovery. Mr. Small then makes a motion for a summary judgment. When should a judge grant Mr. Small's motion?
A. If there is no genuine material issue of fact remaining in the case to be decided.
B. Anytime either party makes such a motion.
C. When an answer has been filed showing that there is a definite dispute of facts.
D. At the conclusion of the selection of the jury.
E. At the end of all testimony by witnesses.
3. Diversity of citizenship
A. is a basis for federal appellate courts to exercise orginal jurisdiction.
B. is the result of a writ of certiorari.
C. is one reason to grant in rem jurisdiction.
D. is based on the doctrine of stare decisis.
E. is the basis for federal district court jurisdiction.
4. The courts are likely to provide remedies in all but which one of the following?
A. If a person refuses to return your friend's book.
B. If a person refuses to help rescue a drowning child.
C. If a person pushes a man into the lake.
D. If a person does not drive carefully on a busy street.
E. All of the above.
5. The power of authority of a court to hear or decide a given case is
A. jurisdiction.
B. venue.
C. stare ecisis.
D. equity.
E. precedent.
6. When both state and federal courts have the power to hear a case, their jurisdiction is
A. concurrent.
B. jurisdiction over the person.
C. exclusive.
D. removal.
E. mutual.
7. The legal principle which deals with the location where a lawsuit should be brought is
A. in personam jurisdiction.
B. subject matter jurisdiction.
C. venue.
D. stare decisis.
E. in rem.
8. An order issued by the United States Supreme Court to a lower court requiring that it be sent the record of a case for review is
A. a writ of certiorari.
B. a writ of mandamus.
C. an appeal.
D. either b or c is correct.
E. a subpoena ducesteum.
9. The "discovery" stage of a trial includes all but which one of the following?
A. Requests for admission
B. Counterclaims
C. Written interrogatories
D. Depositions
E. Motion to produce documents
10. Osama is dying and needs a blood transfusion. Only one person in New York City has Osama's blood type, but that person refuses to help. That person has committeed
A. a tort.
B. an actionable constitutional violation.
C. an immoral act.
D. an actionable executive law violation.
E. a crime.
11. Ali keeps an exotic snake collection in his garage. While at work one day, one of Ali's cobras slithered up the front porch. When a man seeking directions knocked on Ali's front door, the cobra bit him. Ali will most likely
A. be liable on the basis of strict liability.
B. not be liable because the man was on Ali's property without Ali's permission.
C. not be liable since Ali had the right to use the cobra to protect his property.
D. not be liable because maintaining the snake collection is a public nuisance.
E. be liable on the basis of an intentional tort.
12. Harold Homeowner doesn't like having the neighborhood teenagers walk across his yard at night. He rigged up an animal trap and placed it on the path the teenagers usually use to cross his land. One night, Tim and his friends are walking across the yard when Tim gets caught in the trap. He is taken to the hospital emergency room and briefly hospitalized for his injuries.
A. Tim is a trespasser on Harold's property.
B. Harold has no duty toward Tim.
C. Harold has a duty to exercise reasonable care.
D. Harold is not liable because he posted a "NO TRESPASSING" sign.
E. Harold is liable because he cannot use deadly force to protect his property.
13. Harold, who is driving too fast for conditions, collides with a truck carrying explosives. The truck is unmarked, so Harold has no way of knowing what it contains. The collision causes an explosion, which shatters glass in a building a block away. The glass injures Ida, who is working inside the building. John, who is walking down the street near the site of the collision, is seriously burned as a result of the explosion.
A. Harold's negligent driving is the proximate cause of Ida's injury.
B. Harold's negligent driving is the proximate cause of John's injury.
C. Both Ida and
A. licensee.
B. business invitee.
C. public invitee.
D. trespasser.
E. shoplifter.
2. Mr. Large files suit against Mr. Small. The parties engage in extensive discovery. Mr. Small then makes a motion for a summary judgment. When should a judge grant Mr. Small's motion?
A. If there is no genuine material issue of fact remaining in the case to be decided.
B. Anytime either party makes such a motion.
C. When an answer has been filed showing that there is a definite dispute of facts.
D. At the conclusion of the selection of the jury.
E. At the end of all testimony by witnesses.
3. Diversity of citizenship
A. is a basis for federal appellate courts to exercise orginal jurisdiction.
B. is the result of a writ of certiorari.
C. is one reason to grant in rem jurisdiction.
D. is based on the doctrine of stare decisis.
E. is the basis for federal district court jurisdiction.
4. The courts are likely to provide remedies in all but which one of the following?
A. If a person refuses to return your friend's book.
B. If a person refuses to help rescue a drowning child.
C. If a person pushes a man into the lake.
D. If a person does not drive carefully on a busy street.
E. All of the above.
5. The power of authority of a court to hear or decide a given case is
A. jurisdiction.
B. venue.
C. stare ecisis.
D. equity.
E. precedent.
6. When both state and federal courts have the power to hear a case, their jurisdiction is
A. concurrent.
B. jurisdiction over the person.
C. exclusive.
D. removal.
E. mutual.
7. The legal principle which deals with the location where a lawsuit should be brought is
A. in personam jurisdiction.
B. subject matter jurisdiction.
C. venue.
D. stare decisis.
E. in rem.
8. An order issued by the United States Supreme Court to a lower court requiring that it be sent the record of a case for review is
A. a writ of certiorari.
B. a writ of mandamus.
C. an appeal.
D. either b or c is correct.
E. a subpoena ducesteum.
9. The "discovery" stage of a trial includes all but which one of the following?
A. Requests for admission
B. Counterclaims
C. Written interrogatories
D. Depositions
E. Motion to produce documents
10. Osama is dying and needs a blood transfusion. Only one person in New York City has Osama's blood type, but that person refuses to help. That person has committeed
A. a tort.
B. an actionable constitutional violation.
C. an immoral act.
D. an actionable executive law violation.
E. a crime.
11. Ali keeps an exotic snake collection in his garage. While at work one day, one of Ali's cobras slithered up the front porch. When a man seeking directions knocked on Ali's front door, the cobra bit him. Ali will most likely
A. be liable on the basis of strict liability.
B. not be liable because the man was on Ali's property without Ali's permission.
C. not be liable since Ali had the right to use the cobra to protect his property.
D. not be liable because maintaining the snake collection is a public nuisance.
E. be liable on the basis of an intentional tort.
12. Harold Homeowner doesn't like having the neighborhood teenagers walk across his yard at night. He rigged up an animal trap and placed it on the path the teenagers usually use to cross his land. One night, Tim and his friends are walking across the yard when Tim gets caught in the trap. He is taken to the hospital emergency room and briefly hospitalized for his injuries.
A. Tim is a trespasser on Harold's property.
B. Harold has no duty toward Tim.
C. Harold has a duty to exercise reasonable care.
D. Harold is not liable because he posted a "NO TRESPASSING" sign.
E. Harold is liable because he cannot use deadly force to protect his property.
13. Harold, who is driving too fast for conditions, collides with a truck carrying explosives. The truck is unmarked, so Harold has no way of knowing what it contains. The collision causes an explosion, which shatters glass in a building a block away. The glass injures Ida, who is working inside the building. John, who is walking down the street near the site of the collision, is seriously burned as a result of the explosion.
A. Harold's negligent driving is the proximate cause of Ida's injury.
B. Harold's negligent driving is the proximate cause of John's injury.
C. Both Ida and