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MS 331 HW1

Problem Set One T/F and Short Answer

Question	Answer
1. A plaintiff is a person against whom a lawsuit is brought	False (defendant)
2. Equity is a branch of unwritten law that seeks to supply remedies of equal measure to the parties in a legal dispute	False
3. Stare decisis is a doctrine obligating judges to help persons who have failed to protect their own rights.	False
4. Courts can rely on the common law as a guide to interpreting legislation	True
5. A state law that places a significant burden on religion is unconstitutional	True
6. The function of the courts is to interpret and apply the law	True
7. Minimum contacts with a jurisdiction are never enough to support jurisdiction over a nonresident defendant	False
8. Venue is the term for the subject matter of a case	False
9. An answer can admit to the allegations made in a complaint	True
10. A business firm may have to comply with the laws of any jurisdiction in which it actively targets customers.	True
11. The purpose of tort law is to provide remedies when various protected interests have been invaded	True
12. Defamation is one person’s use of another’s name without permission.	False
13. Publishing false information about another’s product is conversion.	False
14.The extreme risk of an activity is a primary basis for imposing strict liability.	True
15. A criminal case must be proved beyond a reasonable doubt.	True
16. At a criminal trial, the burden of proof is on an accused person to prove his or her innocence.	False
17. The intent to return the embezzled property is a defense to the crime of embezzlement.	False
18. A misdemeanor is a crime punishable only by a fine.	False
19. A business takes a risk by electronically storing its customers’ credit account numbers.	True
20. Some promises are not legally binding contracts.	True
21.The intention to enter into a contract is judged by objective facts as interpreted by a reasonable person.	True
22. One of the requirements of a valid contract is a fair price.	False
23. An executory contract is one that has been fully performed.	False (Executed Contract)
24. Under the plain meaning rule, a court will enforce a contract according to what it clearly states.	True
25. Orin claims that a Pennsylvania state statute infringes on his “substantive due process” rights. This claim focuses on	the content of the statute
26. The Constitution provides that no person shall be deprived of “life, liberty, or property without due process of law.” Under this clause, “persons” include	corporations and other “legal persons.”
27. Krystal is a federal judge. Krystal’s judicial decisions are part of case law. This law includes interpretations of primary sources of law. These sources include	administrative regulations.
28. Hawaii enacts a state law that violates the U.S. Constitution. This law can be enforced by	no one
29. Jo files a suit against Lara in a Missouri state court. Lara’s only connection to Missouri is an ad on the Web originating in Nebraska. For Missouri to exercise jurisdiction, the issue is whether Lara, through her ad, has	conducted substantial business with Missouri residents.
30. Lora files a suit in Michigan against Ned over the ownership of a centrifuge stored in an Michigan warehouse. Lora and Ned are residents of Ohio. Ned could ask for a change of venue on the ground that Ohio	is a more convenient location to hold the trial.
31. Emil wants to initiate a suit against Fast Credit Company by filing a complaint. The complaint should include	a statement of the grounds for the court to exercise jurisdiction.
32. Transnational Corporation and United Shipping, Inc., agree to a contract that includes an arbitration clause. If a dispute arises, a court having jurisdiction may	order a party to submit to arbitration.
33. Lynn files a suit against Karl. Karl denies Lynn’s charges and sets forth his own claim that Lynn breached their contract and owes Karl money for the breach. This is	a counterclaim.
34. Dru tells his Gene Cutters, Inc. coworkers that Fiona, Gene Cutters’s office manager, is stealing from their employer. The statement is defamatory only if	the statement is false.
35. Bella owns an organic farm in Colorado. Doyle drives his sport utility full of genetically modified crops vehicle off a highway and onto Bella’s land. Doyle commits trespass if he	does not have Bella’s permission to drive on the property.
36. Liu enters Mountain Triathlon, an athletic competition in which Liu has never competed. Regarding the risk of injury, Liu assumes the risks	normally associated with the Triathlon.
37. In relation to Edie’s solicitation of investors in a nonexistent business, she is charged with “mail fraud.” This requires, among other things,	mailing or causing someone else to mail a writing.
38. Taylor digitally copies business software without the authorization of the owners and sells the copies to others via the Internet. Under federal law, this is	a crime.
39. Domino causes a disturbance at El Nino Cafe. He is arrested and charged with disorderly conduct, a misdemeanor. A misdemeanor is a crime punishable by	imprisonment up to one year (OR a fine)
40. Page points a knife at Ray’s daughter, threatening to hold her hostage and “cut” her unless Ray takes a certain file from Molecules n’ More Corporation, his employer. Charged with theft, Ray can successfully claim as a defense	duress.
41. Rashad accesses Quant Company’s computer system without authority to obtain protected financial data. Under federal law, this is	a felony if it is committed for a commercial purpose
42. InTown Delivery Service promises to deliver a certain couch to Kurt, who promises to pay for the service. If InTown does not perform, the firm may be required to	pay damages
43. Jack promises to buy Kris’s computer for $400. Jack is a	a promisor
44. Mona asserts that a contract she entered into with Nate is unenforceable. Defenses to the enforcement of a contract include	the lack of a party’s genuine assent.
45. When Jeff’s car breaks down, he asks Kwik Tow, Inc., to tow it from its location. There is no discussion of a price, and Jeff and Kwik do not sign any documents. After the tow, Kwik sends Jeff a bill. Jeff’s obligation to pay the bill is	an implied contract.
46. Claudia enters into a contract with Bayside Inn. When a dispute arises over the terms of their contract, Bayside files a suit against Claudia. If the contract’s writing is clear and unequivocal, a court will	enforce it according to its obvious term

Created by: savelae

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