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1.O.J Simpson found not guilty. A family member of the victim filed which type of suit?
ANS: Civil
2.To be convicted of a crime a person must:
ANS: Commit a guilty act (actus reus).
Have the guilty mind (mens rea) during commission of the guilty act.
3.The term that refers to the authority of a court to hear a particular case is called
ANS: jurisdiction
4.What are strict liability crimes?
ANS: certain statutory offenses exist in which mens rea is not essential
traffic crimes and public safety are examples and statutory rape
5.What is a responsible corporate officer?
ANS: Officer-Means that corporations cannot turn a blind eye to anything.
6.List the Property Crimes
ANS: Burglary, larceny, theft of trade secrets, theft of services, arson, receipt of stolen goods, forgery
7.If a former Coca Cola employee reveals the recipe this is illegal and called
ANS: THEFT OF TRADE SECRET
8.In People v. Whitmer (2013) the dealership employee took several down payment credit card numbers and charged them later knowing the accounts were fake. This is an example of
ANS: LACERNY
9.If employees of Publix protest on the top of a Publix truck in the middle of the freeway this counts as what type of crime?
ANS: A public Order Crime
10.People v. Sisuphan (2010)-. A salesperson received $8,000 in cash and it gets stuck in the drop safe. The salesperson tells his enemy to watch the cash while he gets the manager. The safe opens and the enemy steals the money and places the envelope back in. The accounting department calls the next day and explains the envelope is short $6,000. The enemy gives the money back but is arrested. He claims Mens Rea because he didn’t intend to steal the money. He lost and was sentenced because he intended to deprive the organization of money. This is an example of
ANS: White Collar Crime (Larceny)
11.CASE 10.2 Messerschmidt v. Millender (2012)
ANS: Set precedent for probable cause.
12.Fruit of the Poisonous Tree also named the Exclusionary Rule
ANS: Evidence obtained in violation of the Fourth Amendment is excluded from trial
13.8th Amendment
ANS: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
14.If a girl stole a $1,000 purse was made to go to the mall and sit in front holding a sign that says “I’m a thief” rather than sentence her to 2 years. This is fair and legal under which amendment?
ANS: the 8th AMENDMENT.
15.Miranda v. Arizona (1966)
ANS: Requires police to inform suspects of their constitutional rights
16.What Doctrine did Brown vs Board of Education introduce?
ANS: Stare Decisis (to stand on decided cases)
17.Exceptions to the Miranda Rule
ANS: public safety, certain confessions, suspect must unequivocally assert right to counsel PUBLIC DISRORDER.
18.What does Stare Decisis Mean?
ANS: Courts must respect and honor prior court decisions
19.What may a court refer to in cases of First Impression?
ANS: positive law, public policy, or widely held social values
20.Doctrine of Sovereign Immunity
ANS: This Doctrine in international law exempts nationals from jurisdiction in the US courts unless the foreign state has waived its immunity.
21.Example of Political Factors also known as retaliation:
ANS: You own a store in London where you sell all types of vodka. You sell Vodka from Russia. Russia and the Ukraine had a beef and the European Union said no Imports from Russia. Until the political beef is resolved its illegal for you to bring in your vodka.
22.Can international disputes be arbitrated in America?
ANS: Yes. Carnival Cruises says in their contract that no matter where your issue happens it must be arbitrated in Miami.
23.Why is Kiobel v. Royal Dutch Petroleum Co. (2013) is an Example of an International Tort Claims.
ANS: Royal Dutch Petroleum employee injured and became US citizen and wanted to sue in US after becoming a citizen. US said No.
24.What is the Objective Theory of Contracts?
ANS: When the contract is not clear a judge decides what to do.
25.What are the 5 aspects required for formation of a contract.
ANS:
Offer
Acceptance
Consideration: bargained-for-exchange.
Contractual Capacity
Legality
26.contract in which the Offeree must only promise to perform (“promise for a promise”).
ANS: Bilateral EX: exchanging a car for a car.
27.Offeree can accept the offer only by completing the contract performance (“a promise for an act”).
ANS: Unilateral EX; Paying cash for a car wash
28.The Lucy v. Zehmer (1954) displayed which of the 5 aspects of a contract?
ANS: Serious intention: In this case Mr. Lucy owned a farm. Zemmer wanted to buy the far. Lucy wouldn’t accept. Zemmer kept raising. One day Zemmer enters a restaurant and sits with Lucy family and makes a $50,000 offer which he wrote on a napkin. Zemmer came to collect and Lucy wouldn’t sale. It went to court and Zemmer won.
29.Leonard v. Pepsico, Inc., debated Reasonable/serious intent because
ANS: IN the last scene in the commercial 700,000,000 Pepsi point get you a jet per the commercial. The person said they wanted the jet. Judge agrees and said the commercial did not have reasonable, serious intent.
30.Basis Technology Corp. v. Amazon.com, Inc. Proved that an advertisement is not an offer because:
ANS:
31.What precedent was set in the case involving harassing text messages since technology and advancements were present?
ANS: First Impression
32.What is the format for all cases and legal decisions?
ANS: IRAC
Issues, Rules, Application and Conclusion
33.What are the 6 types of Law
ANS:
Substantive or Procedural.
Civil or Criminal.
Public or Private
34.What is in personam jurisdiction?
ANS: Gives court power to compel the presence of the parties and corporations to appear before the court and litigate
35.A football player lives in Miami but asked to testify in Ohio cannot be forced to UNLESS he is playing, visiting or in Ohio is an example of which type of jurisdiction?
ANS: In Personam
36.Old couple has winter home in Miami Beach but they live in Atlanta. If you have residents from different states all on the will the state owns the property. This is an example of which type of jurisdiction?
ANS: IN REM jurisdiction.
37.If you have an internet business and you sell outside of your state you must be shown to have presence in the state who is trying to prosecute. Ex: you ship 10000000 items to a state vs shipping 1 item. This is an example of which statute?
ANS: Long-Arm Statute
38.What are the 2 ways to make it into federal court?
ANS: The parties are not from the same state, and
The amount in controversy is greater than $75,000
39.Mala v. Crown Bay Marina, Inc. is a 3-member company. After one member moved to another state, the company was allowed to be prosecuted. Why?
ANS: Due to Diversity of Citizenship
40.In Gucci America, Inc. v. Wang Huoqing when the U.S. Court forced a citizen from another country to be prosecuted in America was an example of which type of jurisdiction?
ANS: International
41.What does a Writ of Execution do?
ANS: It tells people how to collect their money.
42.What is ADR-Alternative Dispute Resolution?
ANS: Anything that ends a dispute without a court is ADR
43.The ability of a court to hear disputes regarding property located in a particular state is called
ANS: in rem jurisdiction
44.The process of selecting jurors is called
ANS: VOIR DIRE
45.What are the most common ADR methods?
ANS: negotiation, mediation, arbitration
46.What should you consider when thinking of the Negotiation process?
ANS: That it is the least formal: How did other trials with similar cases fare? 3 cases for the same thing that paid $100,000 you should ask for that. Before Legal Proceeding
47.The first paper filed in order to commence a lawsuit is called
ANS: complaint
48.In a civil trial, the standard for prevailing on evidence is
ANS: preponderance
49.Joe and Jody are married in Florida. They move to Georgia. Georgia must recognize the marriage by
ANS: full faith and credit clause
50.States have the power to regulate all of the following except
ANS: morals
51.Eric and Pat arena a dispute over a contract. Pat sues Eric. Before trial, they appeal in a non-judicial forum in which they each can call witnesses and present evidence. They are most likely involved in:
ANS: mini trial
52. LeBron and Dwayne enter into a contract for the sale of a ring. LeBron does not have one. Dwayne travels from his home in Miami to meet LeBron in NY. LeBron’s home is in Akron. They sign the contract in NY. He finds flaws with the ring while in NY, has it appraised, and demands a refund. Dwayne says no.
LeBron returns home and sues Dwayne in Ohio Circuit court. A likely result is:
ANS: the court does not have jurisdiction because the breach did not occur in Ohio.
53.The Food and Drug Administration passes a rule stating that all analgesics must be in red containers. The rule takes effect in 30 days. The rule is
ANS: Valid
54.NBC airs the Super Bowl. Before the game, they interview Chad Ochonada. Ochonada is known for saying outrageous things in interviews. During the live interview, Ochonada utters words not proper for broadcast. The FCC fines NBC. The fine is most likely
ANS: valid because NBC could have taken reasonable measures to prevent the broadcast of the words
55.Business Markets Coalition (BMC), a political lobbying group, wants a certain policy enacted into law. If BMC’s policy conflicts with the U.S. Constitution, a law embodying it can be enacted by
any state legislature and Congress.
Congress but not any state legislature.
any state legislature but not Congress.
none of the choices.
ANS: none of the choices.
56.Congress enacts a law prohibiting toys made in China from being sold in the United States. The Hawaii state legislature enacts a law allowing the sale of Chinese-made toys. Hawaii’s law will most likely be
ANS: rendered invalid under the supremacy clause.
57.Minnesota enacts a statute to ban advertising in “bad taste.” This statute would likely be held by a court to be
ANS: an unconstitutional restriction of speech.
58.Tony, a resident of Illinois, owns a commercial building in Indiana. A dispute arises over the ownership of the building with Jason, a resident of Kentucky. Jason files a suit against Tony in Indiana. In this suit, Indiana has
ANS: in rem jurisdiction.
59.Administrative agencies enact
ANS: Rules
60.Randy offers to pay Quick Delivery (QD) $50 if it picks up and delivers to him a package from his accountant Rupert within 30 minutes. QD can accept the offer only by meeting the deadline. If QD performs as directed, these parties will have
ANS: a unilateral contract
61.Bill offers to sell his Consumer Service Center business to Dina for $100,000. Dina replies, “The price is too high. I will buy it for $90,000.” Dina has
ANS: rejected the offer and made a counteroffer
62.Bill offers to sell his Consumer Service Center business to Dina for $100,000. Dina replies, “The price is too high. I will buy it for $90,000.” Dina has
ANS: rejected the offer and made a counteroffer.
63.Bill offers to sell his Consumer Service Center business to Dina for $100,000. Dina replies, “The price is too high. I will buy it for $90,000.” Bill says, no way. Dina says, OK, I’ll buy it for $100,000. What is the result?
ANS: They have a binding contract for $100,000.
64.Intoxicated but fully aware of the consequences, Uri agrees to a contract to sell the family farm at more than the average market price. The contract was written by Uri on a napkin and contains the name of the farm, location, acreage, down payment, price, and the name of the resident pig included in the sale. Uri received the down payment while intoxicated. This contract is
ANS: enforceable
65.Dwayne agrees to cut Pat’s lawn. Dwayne and Pat have what type of contract
ANS: unilateral
66.Mitch tells Mark, “I might sell you the skis that I bought last fall since I haven’t used them and the skiing season is almost over.” This is
ANS: a statement of future intent ( NOT AN OFFER)
67.Mitch tells Mark, “I might sell you the skis that I bought last fall for about $200 since I haven’t used them and the skiing season is almost over.” Mark says, I accept.” This is
ANS: an acceptance of an offer
68.Todos Ltd. agrees to supply United Steel, Inc., with minerals from Venezuela. When the Venezuelan government is unexpectedly overthrown in a coup, Todos can obtain the goods only at a much higher price. United agrees to modify the contract, but later files a suit to enforce the original price. The court will most likely rule that
ANS: an unforeseen difficulty supported this contract modification
69.Maroone offers to sell Sophie, who is seventeen years of age, a car about which Rally intentionally misrepresents several material facts. In reliance on the misrepresentations, Sophie buys the car. To prove fraud in this transaction, Sophie would have to show that
ANS: Maroone intentionally deceived Sophie
70.Caleb is a witness in a controversy involving the U.S. Drug Enforcement Administration. Caleb can be compelled to appear before an administrative law judge if he is served with
ANS: a subpoena ad testificandum.
71.We-NR-Dog (Dog) contracts to deliver 500 boxes of hot dogs to Food Shop (Shop) on June 30, 2012. The dogs are to be all beef, kosher hotdogs. Each box has 50 hot dogs and each box costs $20. On June 22, Dog calls Shop and says that they cannot deliver on June 30 but may be able to deliver later in the week. Concerning, Dog, which is correct:
ANS: Dog has committed a material breach.
72.We-NR-Dog (Dog) contracts to deliver 500 boxes of hot dogs to Food Shop (Shop) on June 30, 2012. The dogs are to be all beef, kosher hotdogs. Each box has 50 hot dogs and each box costs $20. On June 22, Dog calls Shop and says that they cannot deliver on June 30, but may be able to deliver later in the week. Concerning, Shop, which is correct
ANS: Shop must wait until June 30 to file a lawsuit.
73.We-NR-Dog (Dog) contracts to deliver 500 boxes of hot dogs to Food Shop (Shop) on June 30, 2011. The dogs are to be all beef kosher hotdogs. Each box has 50 hot dogs and each box costs $20. On June 22, Dog calls Shop and says that they cannot deliver on June 30, but may be able to deliver later in the week. Concerning, Dog, which is correct:
ANS: Shop can file a suit and is not required to take any action.
74.We-NR-Dog (Dog) contracts to deliver 500 boxes of hot dogs to Food Shop (Shop) on June 30, 2010. The dogs are to be all beef, kosher hotdogs. Each box has 50 hot dogs and each box costs $20. On June 24, Dog calls Shop and says that they cannot deliver on June 30 but may be able to deliver later in the week. On June 25, after the call, Shop searches for and contracts to purchase hot dogs from another vendor. On June 25, Dog calls and says that they can in fact deliver. Shop tells Dog that the deal is off and other hot dogs are being delivered.
ANS: Shop will be required to prove it has a better deal with the new vendor.
75.Flow R Now (Now) contracts to deliver 1000 boxes of long stemmed roses to Flow R Shop (Shop) on February 9, 2012. The roses are to be 20-inch stem. Each box has 20 roses and each box costs $20.
On February 5, Now calls Shop and says that they cannot deliver on Feb. 9, but may be able to deliver later in the week. If Shop calls another vendor and is able to purchase the roses, this is called
ANS: specific performance.
76.Flow R Now (Now) contracts to deliver 1000 boxes of long-stemmed roses to Flow R Shop (Shop) on February 9, 2012. The roses are to be 20-inch stem. Each box has 20 roses and each box costs $20.
On February 5, Now calls Shop and says that they cannot deliver on Feb. 9 but may be able to deliver later in the week. If Shop sues Now on Feb. 5, the lawsuit by Shop is based on:
ANS: anticipatory repudiation.
77.Flow R Now (Now) contracts to deliver 1000 boxes of long-stemmed roses to Flow R Shop (Shop) on February 9, 2012. The roses are to be 20-inch stem. Each box has 20 roses and each box costs $20.
On Feb. 8, Now ships 800 boxes of roses with 20-inch stems, and 200 boxes of roses with 12-inch stems. Shop can do which of the following
ANS: all of the above
reject them all.
accept any amount of whole box quantities.
accept them all.
78.Flow R Now (Now) contracts to deliver 1000 boxes of long stemmed roses to Flow R Shop (Shop) on February 9, 2012. The roses are to be 20-inch stem. Each box has 20 roses and each box costs $20. Shop has been able to sell 20,000 roses every Valentine’s Day for the previous 5 years for $3.00 each
On February 5, Now calls shop and say that they cannot deliver on Feb. 9, but may be able to deliver later in the week.
On Feb. 6, Shop calls miamibeachflowers.com and contracts for the purchase of 20,000 roses having 20-inch stems, for $2.00 per rose, delivery on Feb. 10. On Feb. 9, Now calls Shop and says they can deliver tomorrow. Shop says, no thanks.
Which is correct?
ANS: Shop can sue and would likely be awarded $20,000 for lost profits.
79.The mailbox rule applies to:
A). U.S. Mail onlyB). U.S. Mail, FedEx or FaxC). U.S. Mail and FedEx
————————————————————————————————————————————–ANS:D). Any reasonable manner of acceptance
80.Pakistan giving effect to the laws and court decisions of the United States is an application of
ANS: the principle of comity.
81.Mary is a consultant to the National Conference of Commissioners on Uniform State Laws. This organization
ANS: drafts uniform laws for adoption by the states.
82.SP files a suit against FB in circuit court of Miami-Dade County. FB defends and asserts that a prior court case in Miami-Dade County had similar facts and should be applied by the court. FB is asking the court to apply the principle of
ANS: stare decisis
83.Kevin and Paul sign a contract that provides that if a dispute arises, they will submit to arbitration. A dispute arises, but before it goes to arbitration, Jane files a suit against Kristy. The court will likely
ANS: order the parties to arbitrate
84.Superior Corporation engages in ethical behavior solely for the purpose of getting good publicity and thereby increasing profits. Superior is
ANS: not acting unethically.
85.Ollie’s barbeque operates a single restaurant in Atlanta, GA. Ollie’s asserts that they do not advertise or market to customers out of Atlanta. But, they purchase beef from Texas.
OLLIE’S IS
ANS: exempt from Congressional regulation because they only engage in intrastate commerce
86.Ben, a citizen of Maryland, obtains a federal license to operate a commercial fishing boat in Chesapeake Bay. The Maryland state legislature enacts a law that bans all commercial fishing in the bay. The state law most likely violates
ANS: the supremacy clause.
87.The U.S. Mine Safety Administration conducts searches of certain businesses. This agency and other administrative agencies can conduct warrantless searches in
ANS: highly regulated industries.
88.Jim is indicted. Before he is arrested, he confesses to the crime in a conversation with Kelly, the arresting officer. Kelly then arrests Jim and advises him of the right to counsel. Jim waives the right and repeats his confession. Later, Jim claims that his initial statement should be excluded as evidence from his trial. The statement will most likely be
ANS: admitted because Jim knew he did the crime and confessed.
89.MATERIAL BREACH VOID THE CONTRACT?
ANS: FALSE
90.WOULD YOU ENTER INTO A CONTRACT WITHOUT A PRICE?
ANS: YES
91.OPEN PRICE TERM: COURT CANENTER INTO THE CONTRATC TO FIX
92.OPEN QUANTITY:
93.OUTPUT CONTRACT.EVERYTHING YOU PRODUCE I BUY.
94.GOODS OVER $ 500 HAVE TO BEON WRITING
95.ORAL AGREEMENT REQUIRED TO BE FOLLOWED WITH A WRITING OR EMAIL MEMORANDUM
96.PARTIAL PERFORMANCE: T SHIRT SPECIAL ORDER, ALREADY STARTED
97.GOOD HAVE TO BE IN EXISTENCE AND IDENTIFIED.
98.FUTURE GOODS; ANIMALS BORN WITHIN 12 MNTHSOF CONTRACTS. CROPS ,SINCE THE PLANTING TAKES PLACE.
99.SHIPMENT CONTRACT: BUYES RESPONSIBLE AFTER THE GOODS ARE ON THE TRUCK.
100.deSTINATION CONTRACT: SELLER IS RESPONSIBLE UNTIL IS DELIVERED TO BUYER
101.F.O.Bfree on board, Salesprice
102.F.A.S TAKE IT TO THE PORT TO THE SIDE OF BOAT.
103.C.I.FCOST, INSURANCE, FREIGHT. Seller puts the goods in possession of a carrier.
104.DELIVERY EX-SHIP deliver from Carrying shipping vessel, ROL passes to buyer when goods leave the ship or unloaded
105.Risk are paid, owned by the breaching party.
106.Cathy causes a disturbance at Diners Cafe. She is arrested and charged with disorderly conduct, a misdemeanor. A misdemeanor is a crime punishable by imprisonment up to
ANS: one year.
107.Peter is detained by Officer Joe for suspicion of plotting to blow up the Drunken Clam. Immediately after Joe detains Peter, a call goes out to the police that a bomb threat was called in at the Drunken Clam. Joe threatens Peter and demands to know where the bomb is located. Peter panics and confesses. The bomb is found, successfully defused, and Glenn celebrates by buying beer for all ladies at the Drunken Clam.
ANS: admissible, because Peter was guilty and knew the location of the bomb.
108.Dave points a gun at Eton, threatening to shoot him if he does not steal from his employer, First National Bank, and give the stolen funds to Dave. Charged with theft, Eton can successfully claim, as a defense:
ANS: duress.
109.Plastix Produx wants a court to review it. First, however, the firm must use all of the potential administrative remedies. This is
ANS: the exhaustion doctrine.
110.An offer may be accepted
ANS: By any reasonable means
111.Brad is planning an outdoor party next week, and hires Megan to do landscaping. He tells her when party is and why he’s hiring her. Megan and Brad agree on a landscaping plan and price. Two weeks later, Megan finishes. When she tries to collect payment, Brad refuses. Who breached the contract?
ANS: both megan and brad