Under Ohio’s state constitution, the Ohio Environmental Protection Agency issues a new rule, the Polk County Commission approves a new property tax measure, and the professors and students at Ohio Law School publish the results of their most recent legal research. Sources of law do not include
Answer
the measures approved by local governing bodies.
the results of legal scholar’s research.
the rules issued by state administrative agencies.
the state’s constitutions.
The legislature of the state of Missouri enacts a new statute that sets standards for the liability of businesses selling defective products. This statute applies
Answer
only in Missouri.
only in Missouri and its border states.
in all states.
in all states but only to matters not covered by other states’ laws.
Crater Tools Company is subject to regulations issued by the Occupational Safety and Health Administration (OSHA). Like other federal administrative agencies, the OSHA was created by
Answer
Congress, through enabling legislation.
the Federal Trade Commission, through the rulemaking process.
the president, through an executive order.
the U.S. Department of Labor, through a final order.
4. In Ben v. City Dealership, a state supreme court held that a minor could cancel a contract for the sale of a car. Now a trial court in the same state is deciding Daphne v. Even Steven Auto Deals, Inc., a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to
Answer
allow the minor to cancel the contract.
disregard the Ben case.
order the minor in the Daphne case to fulfill the contract.
5. In a suit against Owen, Phil obtains specific performance. This is
Answer
an order to do or to refrain from doing a particular act.
an order to perform what was promised.
a payment of money or property as compensation.
the cancellation of a contract.
6. Business Markets Coalition (BMC), a political lobbying group, wants a certain policy enacted into law. If BMC’s policy conflicts with the U.S. Constitution, a law embodying it can be enacted by
Answer
any state legislature and Congress.
any state legislature but not Congress.
Congress but not any state legislature.
none of the choices.
7. Congress enacts a law prohibiting toys made in China from being sold in the United States. The Hawaii state legislature enacts a law allowing the sale of Chinese-made toys. Hawaii’s law will most likely be
Answer
rendered invalid under the supremacy clause.
rendered valid the free exercise clause.
stuck down under the due process clause.
upheld under the commerce clause.
8. Mike, an advocate of a certain religion, publishes an article in New Times magazine insisting that Congress base all federal law on his religion’s principles. The First Amendment guarantees Mike’s freedom of
Answer
religion only.
speech only.
the press only.
religion, speech, and the press.
9. Bailey, the president of Carmichael Commodities Company, claims that certain actions by the federal government and by the state of Delaware infringe on rights guaranteed by the Bill of Rights. All of these rights limit
Answer
neither Delaware nor the federal government.
the federal government only.
Delaware and the federal government.
Delaware only.
10. Melanie engages in untruthful speech that harms others’ good reputations on her blog at no.lie.com. The First Amendment gives such speech
Answer
less protection than obscene speech.
more protection than symbolic speech.
no protection.
the same protection as any noncommercial speech.
11. Inferior Company sells products that are poorly made. Jack, who has never bought an Inferior product, files a suit against the company, alleging that its products are defective. The firm’s best ground for dismissal of the suit is that Jack does not have
Answer
certiorari.
jurisdiction.
standing.
sufficient minimum contacts.
12. To prepare for a trial between Large Lots Development Corporation (LLDC) and MiniMansion Construction Company (MMCC), MMCC’s attorney places LLDC’s president under oath. A court reporter makes a record of the attorney’s questions and the officer’s answers. This is
Answer
a cross-examination.
a deposition.
an imposition.
an interrogatory.
13. During the trial phase of Fuel Corporation’s suit against Gas Stations, Inc., their attorneys engage in voir dire. This is
Answer
the assessment of the arguments on the issues.
the determination of the issues to be argued.
the litigation of the issues and arguments.
the selection of jurors.
14. Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. After its review of Kelly v. Lewis, the appellate court can
Answer
affirm, reverse, or remand all or part of the lower court’s decision.
only affirm or reverse all or part of the lower court’s decision.
only remand all or part of the lower court’s decision.
only reverse or remand all or part of the lower court’s decision.
15. Ike pushes Joan, who falls and breaks her arm. Ike is liable for the injury
Answer
if Ike intended to push Joan.
Only if Ike did not intend to break Joan’s arm.
only if Ike had a bad motive for pushing Joan.
only if Ike intended to break Joan’s arm.
16. Jaqy distributes a handbill among her neighbors accusing one of them –Ked– of being a convicted sex offender. The statement is defamatory only if
Answer
a neighbor repeats it.
Ked suffers emotional distress.
the statement is true.
the statement is false.
17. Lew angrily accuses Mandy, a broker with New Financial Services, of fraudulently inducing him to invest in Open Pit Oil Company, whose wells are dry. The reliance that gives rise to liability for fraud is normally based on a statement of
Answer
emotion.
fact.
opinion.
puffery.
18. OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is
Answer
appropriation.
conversion.
wrongful interference with a contractual relationship.
none of the above.
19. Bella owns a farm in Colorado. Doyle drives his sport utility vehicle off a highway and onto Bella’s land. Doyle commits trespass if he
Answer
does not have Bella’s permission to drive on the property.
drives onto the property for recreational purposes.
harms the property in a material way.
harms the property in any way.
20. Leon files a suit against Moira, a medical doctor, alleging negligence. As a physician, Moira is held to the standard of
Answer
a blameless individual.
a faultless ordinary person.
a reliable professional.
a reasonable physician.
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