Q&A Hero

Q: Normally, a motion for summary judgment requires that a court decide there are genuine questions of fact and questions of law.

Q: Brennan sues Melissa for breach of contract. In her reply, Melissa claims, among other things, that she should not be liable as she only entered the contract because Brennan defrauded her. This assertion is called an affirmative defense. TRUE

Q: The defendant must wait until after the pleadings have been completed before making a motion to dismiss.

Q: For federal district court diversity jurisdiction to exist, the amount in controversy must exceed $500,000.

Q: The doctrine of certiorari jurisdiction makes it mandatory for the U.S. Supreme Court to hear appeals from federal and state courts.

Q: In rem jurisdiction is based only on the fact that property of the defendant is located within the state.

Q: Generally, forum selection clauses in form agreements are unenforceable.

Q: In general, a court has venue if it is territorially fair and convenient for both parties to litigate the case in that court.

Q: Minor criminal cases and civil disputes are decided in the appellate courts.

Q: The plaintiff can sue the defendant in whatever court, and in whatever locale that the plaintiff wishes.

Q: For a state trial court to have the power to decide a civil case, it must have in personam jurisdiction or in rem jurisdiction.

Q: The assertion of specific in personam jurisdiction satisfies federal or state due process guarantees so long as the defendant has sufficient "minimum contacts" with the forum state.

Q: Evan plans to open a Company named "Maryland" for which her trademark is "M". This trademark in no way resembles the famous McDonald's Trademark. However, she fears that the latter might think otherwise and sue her in future. Evan wants to take no risk and hence seeks the court's judgment on the issue. Can she do it? A. Yes, she can do it because she wishes to seek the court's opinion. B. Yes, she can do it under state and federal declaratory judgment statutes. C. No, she cannot agitate an issue that has not yet arisen. D. No, she cannot agitate the issue as she knows that the two marks are not similar.

Q: Which technique of statutory interpretation was most emphasized (and used) in the Weber case in the text (Problem 2)? A. The plain meaning rule. B. Interpreting a statute consistent with its purpose. C. Following prior interpretations of a statute. D. Maxims of statutory construction.

Q: What do statutes and administrative regulations have in common?

Q: Explain the position adopted by legal positivists regarding law.

Q: Sociological jurisprudence has a tendency to say that, when interpreting and applying the law, courts should pay attention to changing social values and let the law reflect those new values. How is this different from the natural law approach, which also talks about values?

Q: Which of the following lets courts help parties determine their rights and duties even though neither may yet have been harmed, so long as there is a real case or controversy between them? A. No liability outside privity of contract rule B. Ejusdem generis C. A declaratory judgment statute D. Public law

Q: Which of the following allows parties to determine their rights and duties even though their controversy has not advanced to the point where harm has occurred and legal relief may be necessary? A. Ejusdem generis B. Standing to sue C. Declaratory judgment D. Precedents

Q: Cases are said to be _____ when there no longer is a real dispute between the parties. A. ripe B. moot C. feigned D. intangible

Q: The doctrine of standing to sue implies that: A. the lawsuit must benefit the public in general. B. the plaintiff have a substantial stake in the litigation. C. cases must be genuine controversies. D. courts must not issue any advisory opinions in cases.

Q: The Supreme Court once denied tax-exempt status to a private university that discriminated on the basis of race. Which of the following is likely to have influenced or guided the interpretation of the statute relevant to this case? A. Maxims B. Precedents C. General public purposes D. Standing to sue

Q: Which of the following is false about the power of courts? A. Courts are not absolutely bound to favor one technique of statutory interpretation over another. B. Courts can distinguish prior decisions in common law cases. C. State Supreme Courts can overrule their own prior decisions. D. Courts can make or interpret law in the absence of a case.

Q: What is the main argument for avoiding a statute's plain meaning or legislative history of, and instead following prior interpretation in a case? A. Plain meaning is subject to debate B. Promoting stability and certainty C. Legislative history can be contentious D. Saving the court's valuable time

Q: _____ are general rules of thumb employed in statutory interpretations. A. Idioms B. Phrases C. Quotations D. Maxims

Q: What are courts and administrative agencies expected to do in case they encounter ambiguously worded statutes while deciding a case? A. Keep the particular statute aside B. Fill in the details on a case-to-case basis C. Refer to a different statute D. Initiate a debate in the legislature

Q: What do courts begin their interpretation of a clearly worded statute with? A. Its plain meaning B. Its legislative history C. Records of legislative debates D. Its different amendments

Q: Lido adopted a policy under which its employees aged over 50 years would be given the preference of availing company sponsored transport facility. Marina, aged 55 years, was provided transport facility. However Henry, aged 46 years, was denied the same. Henry challenged the company policy as violative of the Age Discrimination in Employment Act (ADEA) which forbids discriminatory preferences for the young over the old. Will Henry succeed in the court of law? A. Yes, as per the plain meaning rule of statutory interpretation. B. Yes, as per the rule of general public purpose. C. No, as per the rule of legislative purpose. D. No, as per federal law.

Q: In which of the following circumstances, under the doctrine of stare decisis, does the common law rule stated in an earlier judgment not apply to a present case? A. Only when the case concerns a government agency. B. Only when the court distinguishes the earlier decision. C. Only when the parties involved jointly appeal to the courts to do so. D. The doctrine of stare decisis does not allow this kind of a situation.

Q: When a court identifies a meaningful difference between a present and past case, it _____ the earlier decision. A. interprets B. implements C. prioritizes D. distinguishes

Q: What are legal rules in prior cases called? A. Statutes B. Precedents C. First impressions D. Uniform laws

Q: Henry and Barbara were sharing a Kool-Aid, and they were alarmed to find what seemed to be a plastic object floating inside the drink. Distressed and nauseated, they rushed to the hospital. On a doctor's suggestion, they underwent several tests. In the meantime, in an action for torts, Kool-Aid analysts proved that the object found in the bottle was indeed a sugar mould. Under the given circumstances, will Henry and Barbara get relief for emotional distress in an action for tort, when no damage has occurred? A. No. Since torts remedy accrues to parties as per the impact rule which states that tort remedy flows from injuries sustained in an impact. There was no injury in this case. B. No. They should have checked the cold drink before consuming it; the company is hence, not liable. C. Yes. Damages for emotional distress should be recoverable even in the absence of a physical injury-producing impact. D. Yes. The company is liable to its consumers because the impact rule does not apply in such a case.

Q: Which of the following is a characteristic of legal realists? A. They define law as that which is codified in the books. B. They believe in the use of discretionary standards. C. They believe that the rules in the booksreally affect people's lives. D. They believe that "law is law, just or not."

Q: Which of the following statements is true of statutes and statutory interpretation? A. Statutes are easier to interpret than case law. B. Courts begin their interpretation statues with legislative history. C. There is deliberate ambiguity in the language of statutes. D. Statutes are generally interpreted on the

Q: One strength of the instrumentalist attitude: A. is its willingness to adapt the law to further the social good. B. is that legal validity and moral validity always remain separate. C. is that the natural law always remains unworkable. D. is that it views the law as an unchanging rule that deserves obedience.

Q: Which of the following has the law and economics movement influenced in judicial opinion? A. Antitrust law B. Homicide statutes C. Discrimination policies D. Education

Q: Which of the following characterizes natural law? A. It accepts the need for both good and bad laws. B. It reads constitutional law narrowly. C. It rejects the separation of law and morality. D. It opposes the view that law should be guided by a "higher reason."

Q: John is angry because Harry is now dating John's former girlfriend. One day, as John was driving his car, he saw Harry walking by the side of the road. John deliberately swerved and struck Harry with the car. John may be successfully sued under: A. criminal law only. B. civil law only. C. either criminal law or civil law but not both. D. both criminal law and civil law.

Q: Which of the following covers the rules of contract, and property? A. Procedural law B. Private law C. Criminal law D. Ordinances

Q: Some legal positivists believe that: A. an unjust law is not law. B. the validly of enacted laws should be obeyed, just or not. C. the law should keep up with changing times. D. justice is what the judge ate for breakfast.

Q: Why is sociological jurisprudence seen to resemble natural law? A. It advocates the separation of law and morality. B. It stresses on the superiority of lawmakers. C. It calls for a separation of the judiciary and legislature. D. Its definition of law includes social values.

Q: The power of executive order normally derives from a(n): A. legislative delegation. B. federal court. C. injunction. D. restatement.

Q: According to the principle of _____, treaties are the supreme law of the land. A. judicial activism B. separation of powers C. federalism D. federal supremacy

Q: Which of the following defeats a federal statute in case of a clash between them? A. A state statute B. A state constitution C. An equitable principle D. The U.S. Constitution

Q: Which of the following is applied in a lawsuit between two private parties? A. Criminal law B. Civil law C. Procedural law D. Public law

Q: What is substantive law? A. The laws that govern the rights and duties of people as they act in society. B. The code of conduct of government bodies. C. The procedures followed by Congress to make statutes. D. The procedures followed by state legislatures in creating ordinances.

Q: Why were equitable remedies developed? A. Common law rules were too flexible to produce fair results. B. The remedies available in common law courts were too few. C. Equitable remedies were rigid rules of law and produced fair results. D. Common law rules were less technical and rigid.

Q: Which of the following is a characteristic of administrative agencies? A. They derive their power from the Supreme Court. B. They make ordinances and pass executive orders. C. They are generally created by a statute. D. They are elected bodies.

Q: Ordinances are created by: A. Congress. B. the Supreme Court. C. counties. D. equity courts.

Q: A(n) _____ is a cancellation of a contract and a return of the parties to their precontractual position. A. injunction B. ordinance C. rescission D. restatement

Q: Which of the following is the most important type of equitable remedy provided by the equity courts? A. Injunction B. Specific performance remedy C. Reformation D. Rescission

Q: _____ are model statutes drafted by private bodies of lawyers and scholars. A. Precedents B. Uniform acts C. Ordinances D. Equitable remedies

Q: Which of the following is also called "judge made law"? A. Common law B. Statutes C. Uniform acts D. Equity

Q: Which of the following is true of Restatements? A. They are promulgated by courts. B. They can be adopted as common law by the states. C. They include only statutory laws. D. They are law and binding on courts.

Q: In case of a dispute between the common law and a precedent that has been properly distinguished, the common law prevails.

Q: It is unimportant for the court, whether the interpretation of a statute is consistent with the legislative purpose; it is the actual language (plain or ambiguous) of the statute that needs to be studied.

Q: The doctrine of standing to sue requires that, in order to be able to mount a civil suit, a plaintiff must have some direct and considerable stake in the outcome of the suit.

Q: State and federal declaratory judgment statutes do not allow parties to determine their rights and duties when their controversy has not advanced to the point where harm has occurred and legal relief may be necessary.

Q: What is a statute? A. Laws made and applied by judges B. Laws made by Congress or a state legislature C. Laws made by administrative agencies D. Laws made by the federal judiciary

Q: Though formal natural law defense is not recognized in court, judges may take natural law oriented views while interpreting statutes.

Q: American legal realists distinguish between the "law-in-the-books" and the "law in action" and they recognize law as the behavior of public officials (mainly judges) as they deal with matters before the legal system.

Q: The Critical Legal Studies movement regards the law as the product of political calculation and longstanding bias of lawmakers.

Q: The doctrine of stare decisis states that like cases should be decided alike.

Q: The Restatements are considered binding laws and are promulgated by the American Law Institute.

Q: According to the U.S. Constitution treaties made by the president with foreign governments and approved by two-thirds of the U.S. Senate validate inconsistent state and federal laws.

Q: The same behavior will sometimes violate both civil law and the criminal law, and in such a case, both liabilities can be claimed at the same time.

Q: A State Homicide statute is an example of a substantive law, criminal law, and public law.

Q: Common law is a state law and only state courts can apply it.

Q: The U.S. Constitution recognizes the states' power to make law in certain areas.

Q: Uniform acts are model statutes drafted by private bodies of lawyers and/or scholars; they become law only after legislature enacts them.

Q: The Burial Emporium. Fred operates a funeral home called Fred's Burial Emporium. Fred likes to keep things simple. He has one flat price with no itemization and requires that customers purchase a complete package from him if they want any services whatsoever. Fred also goes door-to-door selling funeral packages. He tries to visit neighborhoods in which there has been a recent death because residents in the neighborhood will have final arrangements on their minds. He believes and informs customers that once customers sign a contract for burial services, there is no backing out. Fred also obtains a good deal of business from phone solicitation. He enjoys calling late at night, between 10 p.m. and 11 p.m., when people are tired, but before they go to bed. He believes that if people do not feel well, they are more likely to consider funeral arrangements. After some pesky consumer complaints, the Federal Trade Commission and other federal agencies investigate Fred. He hires a good lawyer with his profits in an attempt to stay out of trouble. Which of the following is true regarding Fred's practice of doing telephone solicitations late at night after people are tired? A. Under federal law there is no problem with his practice because any consumer who does not want to talk to him can simply hang up. B. According to a rule of the Federal Trade Commission, if a telemarketer calls a residence after 9 p.m., the telemarketer is engaging in abusive behavior; therefore, Fred is in violation. C. According to a rule of the Federal Trade Commission, if a telemarketer calls a residence after 8 p.m., the telemarketer is engaging in abusive behavior; therefore, Fred is not in violation. D. According to a rule of the Federal Trade Commission that is specific to funeral home directors, direct phone solicitation may not be made; therefore, Fred is in violation. E. According to a rule of the Federal Trade Commission that is specific to funeral home directors, direct phone solicitation may not be made after 7 p.m.; therefore, Fred is in violation.

Q: Convertibles. Barry, a new car dealer, advertised that a new brand of convertible called Wind would be available at his dealership for the price of $10,000 each. He had only three Wind vehicles, however; and when those were sold, he tried to convince shoppers to purchase a much more expensive new convertible at a price of $25,000. Kathy, a customer who decided to purchase one of the more expensive vehicles needed financing in order to do so. She had $10,000 to pay on the car and sought a loan from ABC Bank for the remainder. She wanted the loan for a specific amount of time. ABC Bank offered her the loan and she agreed. The only information she received from ABC Bank was confirmation that she borrowed $15,000 at an 8% interest rate. After receiving several complaints, the Federal Trade Commission disapproved of Barry's action in regard to the Wind vehicles. Claiming that his advertisement was misleading, the Commission proceeded to issue a cease-and-desist order prohibiting deceptive advertising involving Wind vehicles and also in regard to any other vehicles Barry offered for sale. Under the Truth in Lending Act what type of information should Kathy have received from ABC Bank? A. The total amount financed; and the number, amount, and due dates of payments. B. The total amount financed; the number, amount, and due dates of payments; and the bank policy in the event of a delinquency. C. The total amount financed; the number, amount, and due dates of payments; and the bank's policy regarding selling loans to other financial institutions. D. The total amount financed; the number, amount, and due dates of payments; the bank policy in the event of a delinquency; and the bank's policy regarding selling loans to other financial institutions. E. Only the information she received.

Q: Convertibles. Barry, a new car dealer, advertised that a new brand of convertible called Wind would be available at his dealership for the price of $10,000 each. He had only three Wind vehicles, however; and when those were sold, he tried to convince shoppers to purchase a much more expensive new convertible at a price of $25,000. Kathy, a customer who decided to purchase one of the more expensive vehicles needed financing in order to do so. She had $10,000 to pay on the car and sought a loan from ABC Bank for the remainder. She wanted the loan for a specific amount of time. ABC Bank offered her the loan and she agreed. The only information she received from ABC Bank was confirmation that she borrowed $15,000 at an 8% interest rate. After receiving several complaints, the Federal Trade Commission disapproved of Barry's action in regard to the Wind vehicles. Claiming that his advertisement was misleading, the Commission proceeded to issue a cease-and-desist order prohibiting deceptive advertising involving Wind vehicles and also in regard to any other vehicles Barry offered for sale. Which of the following terms references the cease-and-desist order entered by the Federal Trade Commission involving not only Barry's sales of Wind, but also his sales of all other vehicles? A. A multiple cease-and-desist order B. A multiple-product order C. A combined order D. A superlative order E. An exceptional order

Q: The Burial Emporium. Fred operates a funeral home called Fred's Burial Emporium. Fred likes to keep things simple. He has one flat price with no itemization and requires that customers purchase a complete package from him if they want any services whatsoever. Fred also goes door-to-door selling funeral packages. He tries to visit neighborhoods in which there has been a recent death because residents in the neighborhood will have final arrangements on their minds. He believes and informs customers that once customers sign a contract for burial services, there is no backing out. Fred also obtains a good deal of business from phone solicitation. He enjoys calling late at night, between 10 p.m. and 11 p.m., when people are tired, but before they go to bed. He believes that if people do not feel well, they are more likely to consider funeral arrangements. After some pesky consumer complaints, the Federal Trade Commission and other federal agencies investigate Fred. He hires a good lawyer with his profits in an attempt to stay out of trouble. Which of the following is true regarding Fred's door-to-door solicitation and his practice of informing customers that there is no backing out of contracts entered into for funeral services? A. There is no problem with Fred's actions so long as he truly gives specific notice that he will not agree to any cancellations. B. Fred must give customers at least 24 hours in which to cancel such a contract, but that is only because funeral services are involved. C. There is no problem with Fred's actions even if he does not give specific notice that he will not agree to any cancellations. D. Because door-to-door sales are involved, Fred must give consumers 24 hours in which to cancel. E. Because door-to-door sales re involved, consumers must have three days in which to cancel purchases.

Q: Miracle Pill. Katie advertised that she had developed a pill for women that would result in weight loss, wrinkle loss, and improved vitality; and for men would result in all those things, plus hair growth. Her television advertisement showed miracle results allegedly obtained by consumers. Katie cautioned, however, that ingestion of the pill for six months was required before results would be evident. The pill was wildly popular. The Federal Trade Commission, however, investigated and determined that Katie had failed to have a reasonable basis for the claims she made in advertisements. Katie claimed that she was merely involved in the use of generalities and clear exaggerations. The Commission disagreed and issued a formal administrative complaint against her. After a hearing, an order was issued by the Federal Trade Commission requiring that Katie stop advertising and selling the pills. After losing all appeals, Katie continued selling the pills until she was fined by the Federal Trade Commission. She has since left the country and cannot be located. Who would have presided over the hearing involving the administrative complaint filed against Katie by the Federal Trade Commission? A. A state circuit court judge B. A federal district court judge C. An administrative law judge D. A panel of commissioners of the Federal Trade Commission E. All the commissioners of the Federal Trade Commission

Q: Miracle Pill. Katie advertised that she had developed a pill for women that would result in weight loss, wrinkle loss, and improved vitality; and for men would result in all those things, plus hair growth. Her television advertisement showed miracle results allegedly obtained by consumers. Katie cautioned, however, that ingestion of the pill for six months was required before results would be evident. The pill was wildly popular. The Federal Trade Commission, however, investigated and determined that Katie had failed to have a reasonable basis for the claims she made in advertisements. Katie claimed that she was merely involved in the use of generalities and clear exaggerations. The Commission disagreed and issued a formal administrative complaint against her. After a hearing, an order was issued by the Federal Trade Commission requiring that Katie stop advertising and selling the pills. After losing all appeals, Katie continued selling the pills until she was fined by the Federal Trade Commission. She has since left the country and cannot be located. If a company violates a cease-and-desist order issued by the Federal Trade Commission and upheld by the courts, which of the following is the fine that the Federal Trade Commission may impose? A. Up to $3,000 per violation B. Up to $5,000 per violation C. Up to $10,000 per violation D. Up to $50,000 per violation E. Up to $100,000 per violation

Q: Convertibles. Barry, a new car dealer, advertised that a new brand of convertible called Wind would be available at his dealership for the price of $10,000 each. He had only three Wind vehicles, however; and when those were sold, he tried to convince shoppers to purchase a much more expensive new convertible at a price of $25,000. Kathy, a customer who decided to purchase one of the more expensive vehicles needed financing in order to do so. She had $10,000 to pay on the car and sought a loan from ABC Bank for the remainder. She wanted the loan for a specific amount of time. ABC Bank offered her the loan and she agreed. The only information she received from ABC Bank was confirmation that she borrowed $15,000 at an 8% interest rate. After receiving several complaints, the Federal Trade Commission disapproved of Barry's action in regard to the Wind vehicles. Claiming that his advertisement was misleading, the Commission proceeded to issue a cease-and-desist order prohibiting deceptive advertising involving Wind vehicles and also in regard to any other vehicles Barry offered for sale. What kind of objectionable advertising, if any, was Barry engaged in when he offered convertibles for sale for $10,000 but only had three and then tried to convince customers to purchase a much more expensive vehicle? A. Advertise-and-deny B. Claim-and-refuse C. Bait-and-switch D. Ad trickery E. He was not engaged in any objectionable advertising so long as he had at least one vehicle in stock at a price of $10,000.

Q: Convertibles. Barry, a new car dealer, advertised that a new brand of convertible called Wind would be available at his dealership for the price of $10,000 each. He had only three Wind vehicles, however; and when those were sold, he tried to convince shoppers to purchase a much more expensive new convertible at a price of $25,000. Kathy, a customer who decided to purchase one of the more expensive vehicles needed financing in order to do so. She had $10,000 to pay on the car and sought a loan from ABC Bank for the remainder. She wanted the loan for a specific amount of time. ABC Bank offered her the loan and she agreed. The only information she received from ABC Bank was confirmation that she borrowed $15,000 at an 8% interest rate. After receiving several complaints, the Federal Trade Commission disapproved of Barry's action in regard to the Wind vehicles. Claiming that his advertisement was misleading, the Commission proceeded to issue a cease-and-desist order prohibiting deceptive advertising involving Wind vehicles and also in regard to any other vehicles Barry offered for sale. What type of loan was Kathy seeking from ABC Bank? A. An open-end credit line B. A closed-end credit line C. An approved line D. A line of credit E. A direct line

Q: _______________ conducts investigations into the safety of motor vehicles. A. The Vehicle Investigation Commission B. The Vehicle Safety Administration C. The National Highway Traffic Safety Administration D. The Motorized Safety Administration E. The Transportation Safety Commission

Q: Miracle Pill. Katie advertised that she had developed a pill for women that would result in weight loss, wrinkle loss, and improved vitality; and for men would result in all those things, plus hair growth. Her television advertisement showed miracle results allegedly obtained by consumers. Katie cautioned, however, that ingestion of the pill for six months was required before results would be evident. The pill was wildly popular. The Federal Trade Commission, however, investigated and determined that Katie had failed to have a reasonable basis for the claims she made in advertisements. Katie claimed that she was merely involved in the use of generalities and clear exaggerations. The Commission disagreed and issued a formal administrative complaint against her. After a hearing, an order was issued by the Federal Trade Commission requiring that Katie stop advertising and selling the pills. After losing all appeals, Katie continued selling the pills until she was fined by the Federal Trade Commission. She has since left the country and cannot be located. Which of the following are generalities and clear exaggerations that are allowable by the Federal Trade Commission? A. Huffing B. Puffing C. Crowing D. Swelling E. None of these because the Federal Trade Commission does not allow generalities and clear exaggerations