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Sources of Law in the United States

I've tried to answer these multiple choice questions on Sources of Law in the United States to the best of my abilities. Some I'm confident on while others were somewhat vague. Please do your best to help set me straight. My answers are in yellow {see attachment}

1. Assume that Colorado passes a new law that provides "skiing and snowboarding at excessive speed within the boundaries of a commercially operated ski area shall result in a $1,000 fine." Charlie is convicted of violating this statute for skiing at 30 m.p.h. on a run at the Silver Peak ski area. Later, two skiers are separately charged with violating the same statute in conditions virtually identical to those when Charlie was skiing. Sam Swift was skiing at 25 m.p.h. and Barry Bomber was skiing at 35 m.p.h. Based on the precedent established in the Standfer v. United States case, what would the juries in each case decide?
a. Both would be found guilty because even 25 miles per hour is simply too fast.
b. Sam would be found not guilty and Barry would be found guilty.
c. Sam's case could be decided either way, but Barry would be found guilty.
d. Either case could be decided either way because the prior case is separate from the two later cases.
e. Sam would be found not guilty, but Barry's case could be decided either way.

2. Barry owns a small software development firm. Barry has an employee who needs special accommodations in order to be able to perform the functions of his job. These accommodations would cost $10,000, an amount that Barry believes is more than he should have to spend. The Americans with Disabilities Act provides that an employer is required to make "reasonable accommodations" for employees with a disability, but does not define what constitutes a "reasonable accommodation." Assume that size of the employer (by some measure) determines the maximum amount of money that would be considered reasonable for a particular employer to be required to spend. Under the principles of stare decisis, which of the following is true?
a. If a similar-size employer had been required to spend $15,000 in the past, then Barry would be required to spend the $10,000.
b. If a similar-size employer had been required to spend $15,000 in the past, this would not be relevant in Barry's case because it happened in the past.
c. If a similar-size employer had not been required to spend $15,000 in the past, then Barry would not be required to spend $10,000.
d. If a similar-size employer had not been required to spend $15,000 in the past, then Barry would be required to spend $10,000.

3. Paul and Dan are involved in a traffic accident at an intersection where there is a traffic circle, but no posted signs or traffic lights. They are in agreement as to everything that happened in the accident, including the locations of the two cars and the timing of events leading to the accident. Based on their pleadings and on information obtained during discovery, the only dispute they have is the interpretation of the state law affecting who had the right of way when they collided. The appropriate motion for one of the parties to file is:
a. motion for judgment on the pleadings.
b. motion for judgment n.o.v.
c. motion for dismissal.
d. motion for summary judgment.

4. Mike, an 80-year-old resident of North Dakota, has long wanted to experience driving in New York City during rush hour. He realizes his goal, but gets into an accident with a taxi driver who has never been outside of New York City. The accident causes $24,000 in damage to Mike's Porsche Boxter. Mike wants to sue the taxi driver. Where can Mike file his lawsuit?
a. In state or federal court in either North Dakota or New York
b. In state or federal court in New York only
c. Only in state court in New York
d. Only in federal court in New York
e. In federal court in either New York or New Jersey

5 The Double Diamond Dude Ranch is located in Montana and maintains a Web site on the Internet. Before the Internet, the ranch had relied exclusively on word-of-mouth advertising. The Web site simply provides some general information and lists the ranch's phone number for reservations, but reservations cannot be made online. The ranch has no other connections or presence outside of Montana. Bob lives in Ohio, and learned of the ranch through its Web site. Bob then spent a week as a paying guest at the ranch, but was injured when he fell off a horse. Can Bob sue the dude ranch in an Ohio state court?
a. No, because the mere ability of an Ohio resident to view the ranch's Internet advertising does not amount to the minimum contacts necessary for personal jurisdiction over the ranch in Ohio.
b. No, because the minimum contacts standard simply cannot be met based on Internet activity.
c. No, because cases involving residents of two different states must be filed in federal, not state, court.
d. Yes, because Bob noticed the advertisement when he was in Ohio.
e. Yes, assuming that other Ohio residents had visited the ranch before Bob's visit.

6. Which of the following is correct with regard to commercial speech?
a. The government cannot regulate commercial speech.
b. The government can regulate the time, place or manner of commercial speech, but it cannot prevent it.
c. The government can restrict or prevent commercial speech, so long as the speech does not have political content.
d. The government can prohibit commercial speech if the Congress and the President agree.

7 Which of the following is true regarding obscene speech?
a. It cannot be prevented, but can be subject to time, place or manner restrictions.
b. Because the definition of obscene is so subjective, it cannot be restricted or prevented.
c. Even though the definition of obscene speech is subjective, if speech is determined to be obscene, it loses all constitutional protection.
d. Obscene speech and offensive speech receive the same degree of protection.
e. The U.S. Supreme Court has set out a clear definition of what speech is defined as obscene and therefore unprotected.

8 Which of the following is considered to be fully protected speech under the U.S. Constitution?
a. Political speech only
b. Political speech and commercial speech
c. Offensive speech and commercial speech
d. Commercial speech only
e. Political speech, commercial speech and offensive speech

9. Which of the following receives at least some protection under the U.S. Constitution?
a. Political speech only
b. Political speech and commercial speech
c. Offensive speech and commercial speech
d. Commercial speech only
e. Political speech, commercial speech and offensive speech

10 Which of the following receives at least some protection under the U.S. Constitution?
a. Obscene speech
b. Offensive speech
c. Both obscene speech and offensive speech
d. Neither obscene speech nor offensive speech

11 A plaintiff wants to sue on a negligence tort, but knows that he was partly as fault. Which of the following is true?
a. A state applying contributory negligence will allow the plaintiff to recover so long as his fault is minor.
b. The plaintiff will have to elect whether to sue under comparative or contributory negligence.
c. Because the plaintiff is partly at fault, he will not be able to recover under either comparative or contributory negligence.
d. If the plaintiff's fault is only 5%, his recovery will be the same under either pure or partial comparative negligence.
e. In all circumstances the plaintiff will recover more under pure comparative negligence than under partial comparative negligence.

12 Which of the following is true about comparative negligence and contributory negligence?
a. Most states that once used comparative negligence now apply contributory negligence instead.
b. They are two names for the same defense.
c. In order to avoid liability for an unintentional tort, the defendant must prove the presence of both defenses.
d. Comparative negligence is used with intentional torts and contributory negligence is used with unintentional torts.
e. Comparative negligence allows the plaintiff to make a partial recovery whereas contributory negligence does not.

Business Torts

13. The tort of palming off involves:
a. Knowingly selling goods that are defective.
b. Blaming another for one's own actions and communicating that blame to at least one other person.
c. Failing to credit another for that other person's legal accomplishments.
d. Making false statements about the goods of another.
e. Representing one's own goods to be those of a competitor.

14. Product disparagement differs from defamation of a nonpublic figure in that:
a. Intent is required for the disparagement case, but not in the defamation case.
b. Intent is required for the defamation case, but not in the disparagement case.
c. Publication to a third party is required in the disparagement case, but not in the defamation case.
d. Publication to a third party is required in the defamation case, but not in the disparagement case.
e. Both A and D are true.

15 The tort of intentional interference with contractual relations requires the following except:
a. A valid, enforceable contract between the contracting parties.
b. Third-party knowledge of this contract.
c. Third-party inducement to breach the contract.
d. A new contract involving the third party who induced the breach.

Strict Liability

16 Persons who engage in abnormally dangerous activities such as crop dusting or blasting:
a. Are liable only if all the elements of negligence are proven against them.
b. Are liable only if they intended to cause a particular injury.
c. Are generally not liable for the injuries they cause because otherwise no one would undertake these activities.
d. Are liable to persons they injure even if they are not at fault.

17 Barry buys a new sports car. The car sits low to the ground and because of the styling; visibility to the rear is limited. About a month after Barry has the car he backs over his pet poodle as he is leaving for work. In his strict liability suit against the car manufacturer, Barry will:
a. Win because driving a sports car is an inherently dangerous activity.
b. Win on the basis of design defect.
c. Win on the basis of packaging defect because the car could have been packaged in a differently styled body.
d. Lose because he assumed the risk of backing up in a car when he could not see to the rear.
e. Lose because he is not in privity of contract with the car manufacturer.

18 Power Tool Company manufactures table saws. These saws have several safety devices including a permanent blade guard. This guard keeps the user's hands from touching the blade while it is moving. Ralph buys a Power table saw, but he takes off the blade guard because it inhibits the type of work he wants to do. Later, Ralph is injured while using the saw. If the blade guard had been left on, Ralph would not have been injured. Ralph sues Power Tool Co. under a strict liability theory. The best defense that Power could raise based on these facts is:
a. Supervening event.
b. Assumption of risk.
c. Generally known dangers.
d. State of the art.
e. Misuse of the product.
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19. JKL, Inc. manufactures small appliances, including toasters. JKL learns that its toasters are defective and might cause serious harm to a user. Which of the following statements is not true?
a. JKL must make a reasonable effort to notify purchasers and users of this defect.
b. JKL must correct the defect.
c. If a user gets a notice of the defect, but continues to use the product without having it repaired or replaced, and is subsequently injured, JKL is probably still liable for the injury.
d. One reasonable way to notify purchasers of the defect is by mail.

20 Which of the following would be a supervening event from the standpoint of a car manufacturer that has been sued in strict liability for an injury caused by one of its cars?
a. A redesign of the particular model car such that the ones being currently manufactured do not have the defect which led to the injury.
b. A recall notice sent to the car owner which was ignored.
c. An enactment, after the date of the injury, of a new safety regulation that would have prevented the injury.
d. The fact that the defect was caused by the car dealer when the car dealer was installing accessories for the purchaser.

21 Which is true about jury verdicts in criminal cases?
a. If the defendant is found guilty, the defendant may appeal.
b. If the defendant is found not guilty, the government may appeal.
c. If the jury cannot agree on guilt or innocence, this is a hung jury and the defendant goes free just as if found not guilty.
d. In the case of a tie jury vote, the judge casts a vote to break the tie.
e. Both A and B are true.

22 Which of the following is true about a hung jury in a criminal case?
a. Because it means that the jury did not find guilt beyond a reasonable doubt, it has the same result as if the jury had issued a verdict of not guilty.
b. It will automatically result in a new trial conducted before the same judge.
c. It will automatically result in a new trial, although it might be conducted before a different judge.
d. It will allow another trial of the defendant to be held, which the state might or might not choose to actually prosecute.

23 A famous psychologist has written a highly acclaimed book targeted at victims of domestic abuse. This book gives practical advice on getting out of such abusive relationships and avoiding further injury prior to getting out of the relationship. Pat thinks the book is excellent, but knows that many persons who could benefit from the book are unaware of its existence and unable to afford its $39.95 price. Pat is considering photocopying significant portions of the book and selling the photocopied portions to such persons at the cost of photocopying, which is much less than $39.95. In using a utilitarianism approach to decide whether to undertake this, Pat would:
a. Look to an outside source regarding the photocopying and selling.
b. Look for a universal rule about photocopying and selling such material.
c. Try to determine the fairest thing to do.
d. Determine if the total good to the world would be increased if Pat were to undertake the photocopying and selling of the copied book sections.

The Social Responsibility of Business

24 Big Green Company is considering introducing a new product to replace an existing product. The new product would result in increased revenues, but slightly lower overall profits because the product will cause injury to a few users and Big Green will compensate persons who are injured. The introduction of this product would be the proper decision under:
a. Both the moral minimum theory and the profit maximization theory.
b. Neither the moral minimum theory nor the profit maximization theory.
c. The moral minimum theory, but not under the profit maximization theory.
d. The profit maximization theory, but not under the moral minimum theory.

25 What two conventions did the World Intellectual Property Organization issue in the late 1990s?
a. The Internet Treaty and the Web Page Convention
b. The Copyright Treaty and the Software Protection Treaty
c. The Music Reproduction Treaty and the Authors' Rights Treaty
d. The Domain Name Registration Treaty and the Internet Trade Name Convention
e. The Copyright Treaty and the Phonogram Treaty

26 Which of the following is true about general principles of law as a source of international law?
a. The "general principles" refer to principles that both common law legal systems and civil law legal systems share.
b. The "general principles" in a given dispute can include legal principles from any nation with a developed legal system.
c. The "general principles" must be part of the law of each nation that is a party to the dispute.
d. The "general principles" must be agreed to by the disputing parties before the principles can be used as a basis to settle the dispute.
e. The "general principles" must come from constitutions or statutes.

27 What is the common name for an agreement to protect one from having others disclose confidential information or ideas?
a. A proprietary secrecy agreement.
b. A silence or be-penalized agreement.
c. A mute thoughts agreement.
d. A hold-information-close agreement.
e. A nondisclosure agreement.

28 What is required for a contract to be an express contract?
a. It is stated in words.
b. It is written.
c. It is written and signed.
d. It is performed immediately after formation.
e. It is performed for mutual benefit.

29 What kind of contract is based on the conduct of the parties?
a. Express.
b. Action-oriented.
c. Implied-in-fact.
d. Implied-in-law.
e. Quasi-contract.

30 Which of the following is not required in order to create an implied-in-fact contract?
a. The plaintiff having provided property or services to the defendant.
b. An expectation of payment by the plaintiff.
c. The plaintiff having not provided the services gratuitously.
d. An agreement between the parties on the amount of the payment.
e. An opportunity by the defendant to reject the goods or services, followed by the defendant not rejecting the goods or services.

31. Which of the following does not need to be proven by a plaintiff who is claiming that an implied-in-fact contract exists?
a. The plaintiff provided property or services to the defendant.
b. The plaintiff and defendant communicated with each other about the property or services.
c. The plaintiff expected to be paid by the defendant for the property or services and did not intend to provide the property or services gratuitously.
d. The defendant was given an opportunity to reject the property or services provided by the plaintiff but failed to do so.

32 In the case in the text where an author discussed an idea for a book on strategy for the board game Scrabble, what was the outcome of the case?
a. Because there was no express contract, there was no basis for the author to recover.
b. The court found that an implied-in-fact contract existed so that the author won the suit.
c. The court found that an implied-in-law contract existed so that the author won the suit.
d. Because the offer was for a unilateral contract, there was no contract until the book was completed.

33 Under the objective theory of contracts, whether or not a contract exists is based on:
a. The reasonable person standard.
b. The rules of unilateral offers.
c. The existence of the contract's principal object.
d. The intent of the offeror.
e. The intent of the offeree.

34 The reasonable person standard is used to decide whether an express contract exists under the:
a. Quasi-contract rules.
b. Objective theory of contracts.
c. Standard offer requirements.
d. Contract existence standard guidelines.
e. Nondisclosure rules.

35 Under the objective theory of contracts, a contract could result from an offer made:
a. In jest.
b. In anger.
c. Due to a need to sell an item quickly.
d. Due to undue excitement.

36 In the case in the text where someone purchased a used safe at an auction for $50, but was later found by the buyers to contain more than $30,000 in cash, how did the court rule?
a. There was no contract because the buyer was unjustly enriched.
b. There was no contract because the act of opening the safe was not completed before the buyers took the safe.
c. This was an implied-in-fact contract and the buyers were required to pay the fair value for the safe and its contents.
d. There was objective intent that the parties intended that the safe, and whatever might be in it, be sold for a price of $50.

37 The doctrine that applies when one person confers a benefit on another who retains the benefit in a situation where it would be unjust to allow the recipient to retain the benefit without paying for it, is known as:
a. Quasi-contract.
b. Pseudo-contract.
c. Unjust-contract.
d. Unilateral-contract.

38 An offeror says, "If you'll agree to do my taxes this year, I'll pay you $100 after you finish." This is an offer for which kind of contract?
a. Executed.
b. Implied-in-fact.
c. Unilateral.
d. Bilateral.
e. Promissory.

39 Jess says to a friend, "I'll sell you my two-year-old Toyota Camry for $4,000." The friend says, "I'll take it," and they sign a short agreement to that effect. The friend didn't know this, but Jess intended the offer as a joke. There will be a contract if:
a. $4,000 is the approximate fair value of the car.
b. A reasonable person would have concluded that Jess was serious when making the offer.
c. Jess failed to disaffirm the contract within a reasonable time after the offer was accepted.
d. The written agreement spells out all provisions of the contract.

Special Offer Situations

40. Pam offers a reward for the return of the pet snake that escaped from her purse while she was having dinner at a restaurant. Fred finds the snake and returns it to her. Which of the following is relevant in deciding whether Pam must pay the reward?
a. Whether Fred is a minor.
b. Whether Fred knew about the reward when he returned the snake.
c. Whether Fred intended to get the reward.
d. Whether the offer for the reward was in writing.

41. Sandy notices a dog tied to a chain behind a fence and recognizes it as belonging to an acquaintance who lives a couple of blocks away. Sandy goes to the acquaintance's house and says, "Your dog is tied up in someone's yard, and for $100 I will tell you where. The dog's owner says, "No way! I can't believe you won't simply tell me where the dog is!" The dog's owner drives around the neighborhood and finds the dog and retrieves it. The next day Sandy notices an advertisement in the paper where the owner offered a reward of $200 for information leading to the return of her dog. Sandy is:
a. Entitled to $100 because she made a counteroffer to the $200 reward offer, thereby lowering the amount she can claim.
b. Entitled to $200 solely because she gave the dog's owner information leading to the return of the dog.
c. Entitled to the $200 because she offered to pay money and the reward offer was outstanding.
d. Not entitled to any money because she rejected the original offer and the dog's owner did not accept Sandy's counteroffer.
e. Not entitled to any money because there was no offer that was accepted.

42 David decides to sell his coin collection at an auction that is advertised as being "without reserve."
Can David change his mind and withdraw the collection from the auction?
a. He can withdraw the collection at any time before the auctioneer announces that it has been sold.
b. He can withdraw the collection at any time before the items in the collection are delivered to the buyers.
c. He can withdraw the collection only if the bids are extremely low.
d. He can withdraw the collection only before the auction begins.
e. He cannot withdraw the collection once the auction has been advertised.

43 Marilyn decides to sell the diamond broach she inherited from her grandmother at an auction "with
reserve." Can she withdraw the broach from sale?
a. She can withdraw the broach any time before the auction announces it has been sold.
b. She can withdraw the broach any time before it is delivered to the buyers.
c. She can withdraw the broach only if the bids are extremely low.
d. She can withdraw the broach only before the auction begins.
e. She cannot withdraw the broach once the auction has been advertised.

44 Lode Mines enters into a contract with Ajax Photo Labs, whereby Ajax agrees to purchase all its requirements of silver needed for photo finishing during the next year, from Lode, at $4.00 per ounce. Over the last four years, Ajax has used an average of 10,000 ounces of silver per year. Lode only produces about 15,000 ounces of silver per year. About two months into the contract, the price of silver skyrockets to $50 per ounce. Ajax immediately orders an additional 50,000 ounces from Lode. Lode refuses to deliver, and Ajax sues. What is the most likely outcome?
a. Lode wins; requirements contracts are not enforceable because they do not contain a quantity.
b. Ajax wins; requirements contracts are enforceable.

c. Lode wins; even if requirements contracts are enforceable, the parties must act in "good faith," and Ajax is acting in bad faith.
d. Ajax wins; they are acting in "good faith," and this was a risk that Lode assumed.

Contracts Lacking Consideration

45. There is an existing contract calling for Seller to deliver 1,000 widgets to Buyer. Buyer says to Seller, "I would like to buy 100 additional units at the same price." Seller responds, "We promise to sell you the 100 extra units if we decide not to sell them to other customers." Regarding only the sale of the extra 100 units:
a. There is no consideration due to an illusory promise.
b. There is no consideration due to a preexisting duty.
c. There is no consideration due to a past consideration.
d. There is consideration due to promissory estoppel.
e. There is consideration due to a legal detriment on both sides.
]

46. Lisa enters into a contract with Acme Groceries, Inc. in which she promises to purchase groceries "as she determines appropriate in the future" from Acme, and Acme promises to sell such groceries to Lisa. This is an example of:
a. Adequate consideration; a promise for a promise.
b. An illusory promise by Lisa.
c. An output contract.
d. An option contract.
e. A requirements contract.

47. Worldwide Motor Company promised to buy all its needs, "taking into account tires purchased from other tire companies," for automobile tires from Good Tire Co., and Good promised to sell these tires. The contract also provided that Worldwide could cancel the contract at any time, without penalty, and could buy tires from other manufacturers if it so desired. This contract is:
a. Valid and fully enforceable.
b. Unenforceable, because requirement contracts are generally unenforceable.
c. Unenforceable, because Worldwide's promise is illusory and there is no mutuality of obligation.
d. Unenforceable, because output contracts are generally unenforceable.

48. Frieda is at a Denver Broncos Football game, and she is being bothered by several extremely drunk spectators in nearby seats. She asks a security officer to do something, but the security officer refuses. She then offers the security officer $100 if he'll stop the problem. He agrees, then warns the drunk spectators, after which the problem stops. Frieda refuses to pay the security officer. Is there sufficient consideration in this agreement?
a. Yes, because the detriment of paying $100 was bargained for.
b. Yes, because there was one party who suffered a detriment.
c. No, because this agreement violates public policy.
d. No, because one of the parties did not suffer legal detriment.
e. Yes, so long as $100 is a fair price for the services of the security officer.

49. Caterer agrees with Bride to cater Bride's wedding reception for $12 per plate. On the wedding day, Caterer calls Bride saying that some things have come up, and she will have to charge $16 a plate in order to do the catering. Bride agrees. Which is true?
a. The $16 is not enforceable because the $12 per plate was past consideration.
b. The $16 is not enforceable because of a preexisting duty.
c. The $16 is enforceable if the reason for it was beyond Caterer's control.
d. The $16 is not enforceable because it means the $12 was an illusory promise.
e. The $16 is enforceable if Bride could have found another caterer before the wedding.

50. A contract provision that relieves a party to the contract from liability is known as:
a. An executory clause.
b. An exculpatory clause.
c. A mitigating clause.
d. A disaffirming clause.
e. A liquidated damages clause.

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Hi there -
I reviewed each and every one of your answers very carefully. In sum, I suggest you review questions 3, 11, 16, and 23. All of your other answers look good to me. I made a few comments for you:
You are right on track with question 1 - since it is not clear that 25 mph is "excessive," the case could go either way. Based on precedent, 30 mph is "excessive" and therefore, 35 would be, too.
Same with question 2 - past precedent ruled that $15,000 was not unreasonable so it would likely follow that $10,000 would be mandated.
Reconsider question 3: A motion for summary judgment lies only when there is no genuine issue of material fact, as is the case here. The key phrase in the question is "discovery." This word tells you that depositions and affidavits have been collected; a motion for summary judgment is based on the pleadings AND the discovery evidence, while a motion on the pleadings is does not take them into account. It is most likely that the motion for summary judgment would apply here since discovery has already begun.
Good job on question 4 - these types of questions can be tricky. But you chose the right answer: he can only file in state court (b/c there is no federal question to bring in federal court) in NY. North Dakota would have no jurisdiction to hear the case.
I agree with your answer to question 5. A generic website that does not specifically solicit activity from a certain state (this one did not allow online reservations) would probably not satisfy the minimum contacts test.
You are also correct on question 6 - the government can regulate the speech, as it does when it oversees demonstrations ...

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