SECTION IIntroduction to Law Final Exam Instructions Instructor: A. JarmonThe following True/False and Multiple Choice questions cover the material introduced…
SECTION IIntroduction to Law Final Exam Instructions Instructor: A. JarmonThe following True/False and Multiple Choice questions cover the material introduced in Chapters 1-2; 4, 6, and 7-8. Each question is worth two (2) points. Please indicate (T) for True or (F) for False for the True/False Statements. For Multiple Choice, please select the letter that corresponds to the best response. There are 50 questions in this section. This section is worth 50 points.A. LEGAL SYTSTEM, COURTS, AND LEGISLATIONAll but which of the following are examples of special courts in the federal system:a. U.S.TaxCourtb. U.S. Bankruptcy Courtc. U.S.CourtofFederalClaimsd. Pierce County Superior Courte. U.S.CourtofAppealsfortheArmedForcesWhich of the following statements IS NOT true as it relates to the authority of the U.S. Supreme Court?TheU.S.SupremeCourtisthefinalauthorityonallmattersoffederal jurisdiction.The primary function of the Supreme Court is one of review.The key element in the Supreme Court’s authority is that a federal issue must be at stake, either in the form of the parties (diversityjurisdiction) or in the constitutionality of a state or federal law.Every case may be submitted to the United States Supreme Court forreview.Alloftheabovestatementsaretrue.Judicial review refers to the system by which each branch of government can use its specially designated powers to make sure the other branches act within their constitutionally prescribed limits.The principle of stare decisis precludes the court from correcting erroneous decisions that were previously issued.Final Exam Page 2Introduction to Law Final Exam Instructions Instructor: A. JarmonB. INTRODUCTION TO CIVIL PROCEDURE (LECTURE)The party responding to a civil action has the initial burden of proof.Equity law is the body of law developed by the courts that serves as precedent for the determination of later controversies.Quasi-in-rem jurisdiction refers to the ability of a court to exercise jurisdiction over a person involved in litigation in the state in which the court is situated.Subject matter jurisdiction refers to the authority of a particular court to hear a matter. If the court does not have proper subject matter jurisdiction, the judgment rendered is void.Where there is diversity of the parties and the amount in controversy exceeds $75,000, the plaintiff may file his action in state court and only upon agreement of the other party, can it be removed to federal court.10.Under the due process clause, a Washington court may not assert personal jurisdiction over a person unless:a. Thepersonisgivenadequatenoticeb. The person is given an opportunity to be heardc. Thepersonhashad“minimumcontacts”withtheforumstate d. A,B,&Ce. A&B11.The doctrine of preemption precludes states from making laws on matters for which another state has already created regulations.12.Which of the following is a remedy that can be obtained from a court ofequity?a. Amaximb. Specific performanceFinal Exam Page 3c. Moneydamages d. StaredecisisC. TORTSIntroduction to Law Final Exam Instructions Instructor: A. Jarmon13.The necessary elements of actionable negligence are: duty to exercise reasonable care; breach of duty to exercise reasonable care; foreseeable damages proximately caused by breach of duty to exercise reasonable care; and damages.14.An independent intervening cause is a defense to the tort of negligence, if it is an unforeseeable cause, rather than a foreseeable event.15.Strict liability in tort imposes liability without requiring any proof of lack of due care.16.Battery is the tort of intentionally causing fear or apprehension of offensive or harmful contact in another person.17.Libel and slander are both forms of defamation. Libel is defamation expressed orally, while slander is defamation expressed in writing or pictorially.18.A licensee is a person invited upon the land as a member of the public or for a business purpose.19.A trespasser is a person who enters or remains upon the land of another without permission or privilege to do so. Such individuals are entitled the same standard of care as invitees.20.Res Ispa Loquitor refers to the direct evidence that the defendant’s conduct caused the alleged harm.D. CRIMINAL LAW21. Corporations may not be held criminally liable.22. In the movie My Cousin Vinny, the officers appropriately advised thedefendants of their Miranda rights.Final Exam Page 4Introduction to Law Final Exam Instructions Instructor: A. Jarmon23.If Gene mistakenly hits Audrey with his truck and kills her, when he intended to hit and kill Cerise, his intent to kill Cerise is transferred to Audrey, regardless of whether he even knew Audrey, for the purpose of fulfilling the mental element of the crime.24.Driving under the influence is a crime while a person drives a vehicle under the influence of intoxicating liquor, marijuana, or any drug. A person is considered under the influence when the alcohol concentration is 0.02 or higher in his/her body within two hours of driving.25.Misdemeanors are less serious crimes than felonies and punishable by a fine or imprisonment in a local jail.26.The same conduct cannot be both a crime and a tort, which is a civil wrong. 27. Under the United States legal system, guilt is never presumed by the court.28.The Fifth Amendment would protect a defendant from having to give blood samples to the prosecution since it would be a form of self-incrimination as interpreted by the courts.29.Bill has had a problem with vandalism at his business, so he rigs up a spring gun at the entryway to his store, so that any after-hours intruder will be shot upon entry. Bill may legally use this deadly force to protect his business.30. An officer may conduct a search of a person if that person looks suspicious.31. The defendant must testify in a criminal proceeding.32. The Fifth Amendment protects all individuals against unreasonable searches and seizures.Final Exam Page 5Introduction to Law Final Exam Instructions Instructor: A. Jarmon33. The Sixth Amendment protects persons against self-incrimination, double jeopardy, and being charged with a capital offense except by grand jury indictment.34.Which one of the following IS NOT true of a criminal case?Criminalcasesarebroughtbythegovernment,notbyanindividual.In a criminal case, the defendant is presumed guilty until proveninnocent.Acriminalconvictionmayresultinjailandfines.A criminal case requires a higher burden of proof.35.Which of the following constitutes computer crime?a. Theftorvandalismofcomputerhardware,software,orsecrets. b. Distributing child pornography via computer.c. Implantingamaliciouscode.d. All of the above.36. The fraudulent conversion of another’s property by one in lawful possession of it is:a. robbery.b. theft.c. larceny.d. embezzlement.37. The defense of entrapment arises when:b. a law enforcement official induces a person to commit acrime the person was already thinking about committing. d. any person induces any other person to commit a crimewhen the person induced would not ordinarily have doneso.f. a police officer or other government official or agent actsto induce an individual to commit a crime when thatindividual would not ordinarily have done so.h. law enforcement officials act aggressively to prevent acrime.Final Exam Page 6Introduction to Law Final Exam Instructions Instructor: A. JarmonE. CONSTITUTIONAL LAW38.Action taken by private citizens may constitute state action if the state has encouraged the challenged private action.39. The federal government’s authority to govern economic matters flows from the Commerce Clause.40.The Supreme Court has defined the scope of the Commerce Clause narrowly and, therefore, has restricted the powers of the federal government to regulate business.41.The Commerce Clause allows the federal government to invalidate state laws that burden interstate commerce.42.The First Amendment allows free speech in any and all circumstances.43.The Minnesota Housing Authority plans to begin eminent domain proceedings to acquire 100 homes to rent to low-income persons. The Housing Authority wants to pay as little as possible for the homes so that it can acquire more homes in the future, but the homeowners insist they are entitled to the fair market value of the property. In a court hearing on the matter, the homeowners are likely to prevail.44.The Wyeth v. Levine case illustrates the point that when Congress has not intended to displace all state legislation, nonconflicting state legislation is permitted.45.The Bill of Rights restricts the power and authority of the federal government.Final Exam Page 7Introduction to Law Final Exam Instructions Instructor: A. Jarmon46. “Commercial speech” includes:expressionsrelatedtotheeconomicinterestsofthespeakerand her audience.speech proposing commercial transactions.advertisementsforaservice.All of the above.47.The main purpose of the Bill of Rights was to:enumerate all of the rights of U.S. citizens.list the powers of the federal government.provide for restrictions on the power of the federalgovernment.provide limitations on the powers of individuals.48.The states may enact legislation concerning a subject in which there is a federal statute if:a. Congress has not clearly indicated that it intends to control that subject matter.b. the states petition the Supreme Court for permission. c. the state legislation falls within the “necessary andproper” clause.d. the states reserve the right at the time the federal statuteis enacted.49. All but which of the following classifications are deemed to be suspect classifications subject to the strict scrutiny analysis:Final Exam Page 8racenational originethnicitylegitimacyIntroduction to Law Final Exam Instructions Instructor: A. Jarmon50. If a law falls under the rational basis test, which of the following statements are true:The state carries the burden of proof.The plaintiff carries the burden of proof.The regulation is presumed valid.The regulation is presumed to be invalid.A and C.B and C.SECTION II: APPLICATION-SHORT ESSAY RESPONSEThe following questions are designed to evaluate your APPLICA TION (CRITICAL READING AND ANALYSIS) of the legal principles as applied to various fact patterns and scenarios. Refer to each specific question for the associated point value. You may select any combination of questions to reach 50 points. Please be sure to clearly identify which question(s) to which you are responding. So for example, if you select “A,” please be sure to write “A” on your paper next to and/or at the beginning of your response.A. John is not a resident of Washington State. In June of 2009, John was using his parent’s vacation home in Washington State and was involved in a vehicle accident with local resident Stacey. Stacey’s car was damaged and she was out of work for an extensive period of time. Stacey is seeking over $120,000 in damages. Stacey filed her action in King County District Court Court. More than 100 days later, Stacey had John served. At the time service was attempted, John’s neighbor was housesitting and appeared less than sober when he answered the door.When John filed his response, he made a counter claim for $15,000 and sought to remove the case to federal court. John is raising a defense that is recognized under Idaho law, which his state of residence. Stacey’s cousin, outraged about the accident, is also bringing a suit against John. (Assume the Statute of Limitations is three years from the date of incident.)Identify and address five (5) of the various legal/jurisdictional issues presented in this fact pattern. You must identify the issue presented (2 points); the legal principle/rule that governs this issue (1 point); and the specific facts relevantto the issue identified (2 points). This question is worth 25 points.Final Exam Page 9Introduction to Law Final Exam Instructions Instructor: A. JarmonB. Glen noticed Miguel and his pregnant wife Jacki walking down the street and drove his car within inches of Miguel as a joke. Police and medics responded to the scene. Miguel wasn’t injured, but his wife suffered severe mental distress and needed to be hospitalized in order to save the pregnancy. About an hour before this incident, officers had cited and released Glen for driving under the influence. As police were escorting Glen into the back of the patrol car, Miguel approached with his fights waived angrily in the air and yelled, “I am going to get you. You better hope they keep you locked up this time.”Prosecutors ultimately dropped the charges against Glen after evidentiary issues precluded them from successfully proceeding. When Miguel learned of this, he was outraged and started making phone calls to the local newspapers, asking them to do a story on Glen, who he characterized as a drunken murderer. Stacey, a new reporter, immediately jumped on the story and wrote a full three page spread based on the information she obtained from Miguel. After reading the article, Glen located an address for Miguel and Jackie and confronted Jackie as she was just arriving home. Jackie’s neighbor heard the commotion, as he was out walking his “pet bull,” who has freely roamed the neighborhood without incident for nearly five years. However, upon hearing Jackie scream at Glen, rushes over and bites him in the leg. The commotion has just about settled down, when another neighbor arrives with his shot gun and threatens to shot Glen. Law suits are filed.Identify and address five (5) of the various tort issues presented in this fact pattern. You must identify: which party has a claim against whom (2 points); what legal claim the party has (2 points); the elements of the legal claim (2 points); the facts supporting the legal claim (2 points); and at least one potential defense (2 points). This question is worth 25 points.C. Professor Tickle has been asked by Twlight Community College to attend a training in Eastern Washington. She has been provided with a state car for transportation. While in route, she visits a fellow professor who just retired from teaching at TCC. They have a glass of white wine. As she leaves this professor’s home and heads back to the freeway to continue on to the training, she is involved in an accident. As she was approaching the on ramp and entering the freeway, another vehicle, going 15 miles over the speed limit, raced passed her, and theyFinal Exam Page 10Introduction to Law Final Exam Instructions Instructor: A. Jarmoncollided. The other lane of travel had been clear such that the driver, even though he was speeding, could have simply changed lanes. Professor Tickle is later fired and after several unsuccessful attempts to obtain employment, she contacts a private investigator.The private investigator suspects that her former employer may not be providing a good reference and contacts TCC disguided as a potential employer seeking a recommendation for Professor Tickle. He is informed that Professor Tickle was fired because she was a “lazy” employee is “drank too much.” The employee also suggests that Professor Tickle might be having a nervous breakdown because her husband and her five cats ran away. He’d happened to overhear her making an appointment to see a therapist. Outraged upon hearing this information from, Professor Tickle speeds to this employee’s home, where she confronts him at his front door. When he attempts to move past her to leave his home for work, Professor Tickle blocks his path.The employee’s neighbor is out walking his pit bull. His dog has only bitten one person in the past and it was only because the person was unknown to him. He knows everyone who visits the neighborhood and since no one is home today, he had decided to walk his dog. The dog is running ahead of him, seeings Professor Tickle and immediately launches at her. Another neighbor, just arriving home sees the attack that has left Professor Tickle with nasty bite to her left leg and a few scratches.In an effort to help, she immediately drags Professor Tickle in the back of her vehicle, bumping her head. She then speeds off to the nearest hospital. While in route, she takes a phone call which requires her look down and when she looks up, she has to come to an abrupt stop which causes Professor Tickle to bang her head on the back of the seat, resulting in a cut to her forehead.Identify and address ten (10) of the various issues presented in this fact pattern. You must identify 1) Which party has what claim 2) against whom; 3) the elements of the legal claim/defense; 4) the facts supporting the legal claim; and 5) a potential defense. This question is worth 50 points.
