Introduction to Law Final Exam
SECTION I
Introduction to Law Final Exam Instructions Instructor: A. Jarmon
The following True/False and Multiple Choice questions cover the material introduced in Chapters 1
-2; 4, 6, and 7-8. Each question is worth two (2) points. Please indicate (T) for True or (F) for
False for the True/False Statements. For Multiple Choice, please select the letter that corresponds
to the best response. There are 50 questions in this section. This section is worth 50 points.
A. LEGAL SYTSTEM, COURTS, AND LEGISLATION
All but which of the following are examples of special courts in the federal system:
a. U.S.TaxCourt
b. U.S. Bankruptcy Court
c. U.S.CourtofFederalClaims
d. Pierce County Superior Court
e. U.S.CourtofAppealsfortheArmedForces
Which of the following statements IS NOT true as it relates to the authority of the U.S. Supreme
Court?
TheU.S.SupremeCourtisthefinalauthorityonallmattersoffederal jurisdiction.
The primary function of the Supreme Court is one of review.
The key element in the Supreme Court’s authority is that a federal issue must be at stake, either
in the form of the parties (diversity
jurisdiction) or in the constitutionality of a state or federal law.
Every case may be submitted to the United States Supreme Court for
review.
Alloftheabovestatementsaretrue.
Judicial review refers to the system by which each branch of government can use its specially
designated powers to make sure the other branches act within their constitutionally prescribed
limits.
The principle of stare decisis precludes the court from correcting erroneous decisions that were
previously issued.
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Introduction to Law Final Exam Instructions Instructor: A. Jarmon
B. INTRODUCTION TO CIVIL PROCEDURE (LECTURE)
The party responding to a civil action has the initial burden of proof.
Equity law is the body of law developed by the courts that serves as precedent for the
determination of later controversies.
Quasi-in-rem jurisdiction refers to the ability of a court to exercise jurisdiction over a person
involved in litigation in the state in which the court is situated.
Subject matter jurisdiction refers to the authority of a particular court to hear a matter. If the
court does not have proper subject matter jurisdiction, the judgment rendered is void.
Where there is diversity of the parties and the amount in controversy exceeds $75,000, the
plaintiff may file his action in state court and only upon agreement of the other party, can it be
removed to federal court.
10.Under the due process clause, a Washington court may not assert personal jurisdiction over a
person unless:
a. Thepersonisgivenadequatenotice
b. The person is given an opportunity to be heard
c. Thepersonhashad“minimumcontacts”withtheforumstate d. A,B,&C
e. A&B
11.The doctrine of preemption precludes states from making laws on matters for which another state
has already created regulations.
12.Which of the following is a remedy that can be obtained from a court of
equity?a. Amaxim
b. Specific performance
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c. Moneydamages d. Staredecisis
C. TORTS
Introduction to Law Final Exam Instructions Instructor: A. Jarmon
13.The necessary elements of actionable negligence are: duty to exercise reasonable care; breach of
duty to exercise reasonable care; foreseeable damages proximately caused by breach of duty to
exercise reasonable care; and damages.
14.An independent intervening cause is a defense to the tort of negligence, if it is an
unforeseeable cause, rather than a foreseeable event.
15.Strict liability in tort imposes liability without requiring any proof of lack of due care.
16.Battery is the tort of intentionally causing fear or apprehension of offensive or harmful
contact in another person.
17.Libel and slander are both forms of defamation. Libel is defamation expressed orally, while
slander is defamation expressed in writing or pictorially.
18.A licensee is a person invited upon the land as a member of the public or for a business
purpose.
19.A trespasser is a person who enters or remains upon the land of another without permission or
privilege to do so. Such individuals are entitled the same standard of care as invitees.
20.Res Ispa Loquitor refers to the direct evidence that the defendant’s conduct caused the alleged
harm.
D. CRIMINAL LAW
21. Corporations may not be held criminally liable.
22. In the movie My Cousin Vinny, the officers appropriately advised the
defendants of their Miranda rights.
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Introduction to Law Final Exam Instructions Instructor: A. Jarmon
23.If Gene mistakenly hits Audrey with his truck and kills her, when he intended to hit and kill
Cerise, his intent to kill Cerise is transferred to Audrey, regardless of whether he even knew
Audrey, for the purpose of fulfilling the mental element of the crime.
24.Driving under the influence is a crime while a person drives a vehicle under the influence of
intoxicating liquor, marijuana, or any drug. A person is considered under the influence when the
alcohol concentration is 0.02 or higher in his/her body within two hours of driving.
25.Misdemeanors are less serious crimes than felonies and punishable by a fine or imprisonment in a
local jail.
26.The same conduct cannot be both a crime and a tort, which is a civil wrong. 27. Under the United
States legal system, guilt is never presumed by the court.
28.The Fifth Amendment would protect a defendant from having to give blood samples to the
prosecution since it would be a form of self-incrimination as interpreted by the courts.
29.Bill has had a problem with vandalism at his business, so he rigs up a spring gun at the
entryway to his store, so that any after-hours intruder will be shot upon entry. Bill may legally
use this deadly force to protect his business.
30. An officer may conduct a search of a person if that person looks suspicious.
31. The defendant must testify in a criminal proceeding.
32. The Fifth Amendment protects all individuals against unreasonable searches and seizures.
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Introduction to Law Final Exam Instructions Instructor: A. Jarmon
33. The Sixth Amendment protects persons against self-incrimination, double jeopardy, and being
charged with a capital offense except by grand jury indictment.
34.Which one of the following IS NOT true of a criminal case?
Criminalcasesarebroughtbythegovernment,notbyanindividual.
In a criminal case, the defendant is presumed guilty until proven
innocent.
Acriminalconvictionmayresultinjailandfines.
A criminal case requires a higher burden of proof.
35.Which of the following constitutes computer crime?
a. Theftorvandalismofcomputerhardware,software,orsecrets. b. Distributing child pornography via
computer.
c. Implantingamaliciouscode.
d. All of the above.
36. The fraudulent conversion of another’s property by one in lawful possession of it is:
a. robbery.
b. theft.
c. larceny.
d. embezzlement.
37. The defense of entrapment arises when:
b. a law enforcement official induces a person to commit a
crime the person was already thinking about committing. d. any person induces any other person to
commit a crime
when the person induced would not ordinarily have done
so.
f. a police officer or other government official or agent acts
to induce an individual to commit a crime when that
individual would not ordinarily have done so.
h. law enforcement officials act aggressively to prevent a
crime.
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Introduction to Law Final Exam Instructions Instructor: A. Jarmon
E. CONSTITUTIONAL LAW
38.Action taken by private citizens may constitute state action if the state has encouraged the
challenged private action.
39. The federal government’s authority to govern economic matters flows from the Commerce Clause.
40.The Supreme Court has defined the scope of the Commerce Clause narrowly and, therefore, has
restricted the powers of the federal government to regulate business.
41.The Commerce Clause allows the federal government to invalidate state laws that burden
interstate commerce.
42.The First Amendment allows free speech in any and all circumstances.
43.The Minnesota Housing Authority plans to begin eminent domain proceedings to acquire 100 homes
to rent to low-income persons. The Housing Authority wants to pay as little as possible for the
homes so that it can acquire more homes in the future, but the homeowners insist they are entitled
to the fair market value of the property. In a court hearing on the matter, the homeowners are
likely to prevail.
44.The Wyeth v. Levine case illustrates the point that when Congress has not intended to displace
all state legislation, nonconflicting state legislation is permitted.
45.The Bill of Rights restricts the power and authority of the federal government.
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Introduction to Law Final Exam Instructions Instructor: A. Jarmon
46. “Commercial speech” includes:
expressionsrelatedtotheeconomicinterestsofthespeaker
and her audience.
speech proposing commercial transactions.
advertisementsforaservice.
All of the above.
47.The main purpose of the Bill of Rights was to:
enumerate all of the rights of U.S. citizens.
list the powers of the federal government.
provide for restrictions on the power of the federal
government.
provide limitations on the powers of individuals.
48.The states may enact legislation concerning a subject in which there is a federal statute if:
a. Congress has not clearly indicated that it intends to control that subject matter.
b. the states petition the Supreme Court for permission. c. the state legislation falls within the
“necessary and
proper” clause.
d. the states reserve the right at the time the federal statute
is enacted.
49. All but which of the following classifications are deemed to be suspect classifications subject
to the strict scrutiny analysis:
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race
national origin
ethnicity
legitimacy
Introduction to Law Final Exam Instructions Instructor: A. Jarmon
50. If a law falls under the rational basis test, which of the following statements are true:
The state carries the burden of proof.
The plaintiff carries the burden of proof.
The regulation is presumed valid.
The regulation is presumed to be invalid.
A and C.
B and C.
SECTION II: APPLICATION-SHORT ESSAY RESPONSE
The following questions are designed to evaluate your APPLICA TION (CRITICAL READING AND ANALYSIS)
of the legal principles as applied to various fact patterns and scenarios. Refer to each specific
question for the associated point value. You may select any combination of questions to reach 50
points. Please be sure to clearly identify which question(s) to which you are responding. So for
example, if you select “A,” please be sure to write “A” on your paper next to and/or at the
beginning of your response.
A. John is not a resident of Washington State. In June of 2009, John was using his parent’s
vacation home in Washington State and was involved in a vehicle accident with local resident
Stacey. Stacey’s car was damaged and she was out of work for an extensive period of time. Stacey is
seeking over $120,000 in damages. Stacey filed her action in King County District Court Court. More
than 100 days later, Stacey had John served. At the time service was attempted, John’s neighbor was
housesitting and appeared less than sober when he answered the door.
When John filed his response, he made a counter claim for $15,000 and sought to remove the case to
federal court. John is raising a defense that is recognized under Idaho law, which his state of
residence. Stacey’s cousin, outraged about the accident, is also bringing a suit against John.
(Assume the Statute of Limitations is three years from the date of incident.)
Identify and address five (5) of the various legal/jurisdictional issues presented in this fact
pattern. You must identify the issue presented (2 points); the legal principle/rule that governs
this issue (1 point); and the specific facts relevant
to the issue identified (2 points). This question is worth 25 points.
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Introduction to Law Final Exam Instructions Instructor: A. Jarmon
B. Glen noticed Miguel and his pregnant wife Jacki walking down the street and drove his car within
inches of Miguel as a joke. Police and medics responded to the scene. Miguel wasn’t injured, but
his wife suffered severe mental distress and needed to be hospitalized in order to save the
pregnancy. About an hour before this incident, officers had cited and released Glen for driving
under the influence. As police were escorting Glen into the back of the patrol car, Miguel
approached with his fights waived angrily in the air and yelled, “I am going to get you. You better
hope they keep you locked up this time.”
Prosecutors ultimately dropped the charges against Glen after evidentiary issues precluded them
from successfully proceeding. When Miguel learned of this, he was outraged and started making phone
calls to the local newspapers, asking them to do a story on Glen, who he characterized as a drunken
murderer. Stacey, a new reporter, immediately jumped on the story and wrote a full three page
spread based on the information she obtained from Miguel. After reading the article, Glen located
an address for Miguel and Jackie and confronted Jackie as she was just arriving home. Jackie’s
neighbor heard the commotion, as he was out walking his “pet bull,” who has freely roamed the
neighborhood without incident for nearly five years. However, upon hearing Jackie scream at Glen,
rushes over and bites him in the leg. The commotion has just about settled down, when another
neighbor arrives with his shot gun and threatens to shot Glen. Law suits are filed.
Identify and address five (5) of the various tort issues presented in this fact pattern. You must
identify: which party has a claim against whom (2 points); what legal claim the party has (2
points); the elements of the legal claim (2 points); the facts supporting the legal claim (2
points); and at least one potential defense (2 points). This question is worth 25 points.
C. Professor Tickle has been asked by Twlight Community College to attend a training in Eastern
Washington. She has been provided with a state car for transportation. While in route, she visits a
fellow professor who just retired from teaching at TCC. They have a glass of white wine. As she
leaves this professor’s home and heads back to the freeway to continue on to the training, she is
involved in an accident. As she was approaching the on ramp and entering the freeway, another
vehicle, going 15 miles over the speed limit, raced passed her, and they
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Introduction to Law Final Exam Instructions Instructor: A. Jarmon
collided. The other lane of travel had been clear such that the driver, even though he was
speeding, could have simply changed lanes. Professor Tickle is later fired and after several
unsuccessful attempts to obtain employment, she contacts a private investigator.
The private investigator suspects that her former employer may not be providing a good reference
and contacts TCC disguided as a potential employer seeking a recommendation for Professor Tickle.
He is informed that Professor Tickle was fired because she was a “lazy” employee is “drank too
much.” The employee also suggests that Professor Tickle might be having a nervous breakdown because
her husband and her five cats ran away. He’d happened to overhear her making an appointment to see
a therapist. Outraged upon hearing this information from, Professor Tickle speeds to this
employee’s home, where she confronts him at his front door. When he attempts to move past her to
leave his home for work, Professor Tickle blocks his path.
The employee’s neighbor is out walking his pit bull. His dog has only bitten one person in the past
and it was only because the person was unknown to him. He knows everyone who visits the
neighborhood and since no one is home today, he had decided to walk his dog. The dog is running
ahead of him, seeings Professor Tickle and immediately launches at her. Another neighbor, just
arriving home sees the attack that has left Professor Tickle with nasty bite to her left leg and a
few scratches.
In an effort to help, she immediately drags Professor Tickle in the back of her vehicle, bumping
her head. She then speeds off to the nearest hospital. While in route, she takes a phone call which
requires her look down and when she looks up, she has to come to an abrupt stop which causes
Professor Tickle to bang her head on the back of the seat, resulting in a cut to her forehead.
Identify and address ten (10) of the various issues presented in this fact pattern. You must
identify 1) Which party has what claim 2) against whom; 3) the elements of the legal claim/defense;
4) the facts supporting the legal claim; and 5) a potential defense. This question is worth 50
points.
At
