QUIZ #1: Chapters 1-8

(True – False)

1) Today, the usual remedy in an action at law takes the form of money damages. Page 8 (True)

2) The doctrine of stare decisis applies only in Romano-Germanic civil law countries, not to those of the Anglo-American common law tradition. Page 10 (False)

3) If one were to arrange American legal authority in a hierarchical pyramid, the constitution would be at the apex and, in descending order, you would find statutes, administrative regulations, and case law at the base (foundation). Page 8 (True)

4) One form of jurisdiction — a court’s “power to speak the law” — is known as in personam jurisdiction. Page 31 (False)

5) Only one who has “standing,” i.e., a personal stake in a dispute, may file a lawsuit as a plaintiff. Page 37 (True)

6) The three principal for ms of ADR — alternative dispute resolution — are negotiation, mediation, and litigation. Page 42-44 (True)

7) When a dispute results in litigation, the complaint and answer, taken together, are known as the pleadings. Page 55 (True)

8) The First Amendment to the Constitution of the United States not only guarantees freedom of speech, assembly, and religion, but also guarantees the right to trial by jury. Page 85 (False)

9) A court of appeals does not hear evidence. Page 70 (True)

10) The so-called “commerce clause” cannot be found in the Constitution, but is instead a judge-made rule. Page 77 (False)

11) Commercial speech is protected by the First Amendment. Page 85 (True)

12) The Fourteenth Amendment’s guarantee of equal protection is applicable against the state governments, but not against the federal government. Page 177 (False)

13) Where fault and not strict liability is concerned, torts fall into two broad categories: intentional and unintentional. Page 103 (True)

14) Assault and battery are simply two ways of saying the same thing. Page 103 (False)

15) The four elements of a negligence tort are duty, breach, causation, and damages (injury). Page 111 (True)

16) Assumption of risk is not a defense to a negligence tort. Page 117 (False)

17) Strict liability will normally apply where harm is caused by an abnormally dangerous activity. Page 126-27 (True)

18) Misuse of a product, while a defense to strict product liability, has been severely limited by the courts. Page 132 (false)

19) A statute of repose is similar to a statute of limitations, except that a statute of repose places an absolute outer time limit on asserting certain types of claims so that a defendant will not be left vulnerable to lawsuits indefinitely. Page 136-137 (True)

20) Intellectual property covers such things as patents, copyrights, and trademarks, but not trade secrets. Page 140 (False)

21) The red background with the words “Coca-Cola” written in white in a modified cursive style is an example of trade dress. Page 145 (True)

22) Customer lists, plans, research and development, pricing information, marketing techniques, production techniques, and generally anything that makes an individual company unique and that would have value to a competitor are known as trade secrets. Page 141 (True)

23) The burdens of proof in a civil case and in a criminal case are exactly the same. Page 164 (false)

24) A corporation is a legal person and is therefore subject to liability for criminal acts. Page 167 (True)

25) There are no exceptions to the Miranda Rule. Page 181 (False)