Management Case

Business Law 201

Summer 2006 Midterm

Professor Isler July 13, 2006

Multiple Choice

There are five "A" level questions, 14 "B" level questions and seven attendance questions. Identify the letter of the choice that best completes the statement or answers the question. There are no trick questions. Do not write your name on your Scantron. You may keep the exam.

____ 1. Common law rules develop from

a. statutes enacted by Congress and the state legislatures.

b. regulations issued by administrative agencies.

c. decisions of the courts in legal disputes.

d. uniform laws drafted by legal scholars.

____ 2. In a court of equity, the doctrine that will bar a lawsuit if it is not filed within a proper time is known as

a. equitable limitations.

b. equitable maxims.

c. laches.

d. limitation de baris.

e. yo assus is too slowest

____ 3. In the case of YoYo versus. Ma, decided in 2005, a state supreme court held that a minor could cancel a contract for the sale of a car. John "Skidmarks" Johnson (a minor so named because once his mother was doing laundry and noticed.........., well you get the point) is involved in a similar case being decided today by a trial court in the same state. If stare decisis is used to decide the Johnson case:

a. the court will probably allow Johnson to cancel the sale.

b. the court will probably not allow Johnson to cancel the contract.

c. it is impossible to tell what the court will decide because the Ma case has nothing to do with the Johnson case.

d. it is impossible to tell what the court will decide because the Ma case is not a precedent for the Johnson case.

____ 4. The California Supreme Court recently decided a case relative to "same sex" marriages and ruled that the mayor of San Francisco exceeded his authority when he (the Mayor) ordered the San Francisco City Clerk to issue marriage licenses to couples of the same sex. In that same case the court:

a. Said the California Constitution probably allowed same sex marriages c. Said the California Constitution prohibited same sex marriages

b. used dicta to indicate that they would hear a case dealing with same sex marriages d. said that California must follow the Massachusetts law relative to same sex marriages

____ 5. Brown versus Board of Education was a case regarding school desegregation, decided by the Supreme Court in 1954. The Court ruled that segregation in public schools is prohibited by the Constitution. The decision ruled out "separate but equal" educational systems for blacks and whites, which many localities said they were providing. In deciding that case the Court departed from tradition by using arguments from:

a. International Law c. Sociology, including dolls, to show that separate educational systems were unequal by their very nature.

b. State Constitutions d. Local Georgia laws

____ 6. A state court may use a long-arm statute to exercise personal jurisdiction over a nonresident defendant only so long:

a. as there is a showing that the defendant has purposefully availed him or herself of the privilege of conducting activities in the state seeking to use the long-arm statute

c. as there exist "minimum contacts" between the defendant and the forum State

b. as the defendant agrees to be bound by the statute d. a & c

____ 7. Earlier this year the U.S. Supreme Court, in an opinion written by Justice Scalia, ruled that police armed with a warrant can barge into homes and seize evidence even if they don't knock. This case was unusual in that:

a. The justices agreed that this decision was repugnant to the U.S. Constitution c. Only 6 justices participated in the decision of the case

b. Justice O'Connor retired before the case was decided, and a new argument was held so that Justice Samuel Alito could participate in deliberations. Alito and Bush's other Supreme Court pick, Chief Justice John Roberts, both supported Scalia's opinion d. The Chief Justice did not decide who would write the opinion of the Court

____ 8. Consumer Goods Corporation sells products that are poorly made. Tina, who has never bought a Consumer Goods product, files a suit against the firm, alleging that its products are defective. The firm could ask for dismissal of the suit on the basis that Tina does not have

a. jurisdiction.

b. standing.

c. sufficient minimum contacts.

d. venue.

____ 9. Dick Lipschitz files a suit against Alison Wanda Land. Alison loses the suit. Alison's best ground for appeal is the trial court's interpretation of

a. the law.

b. the credibility of the evidence that Dick presented in the case.

c. what happened between the parties that led up to the suit.

d. the witnesses' behavior during the trial.

____ 10. Buddy Wieser files a suit in a federal district court against Dr. Frank Bonebreak. Dr. Bonebreak loses the suit, appeals to a U.S. court of appeals, and loses again. Dr. Bonebreak asks the United States Supreme Court to hear the case. The Court is:

a. required to hear the case because it comes from a federal court.

b. required to hear the case because it is an appeal.

c. required to hear the case because Dr. Bonebreak lost in the lower court.

d. not required to hear the case.

____ 11. Nikolai Khabibulin's wants to appeal his case