LEB 320F FINAL EXAM QUESTIONS
AND ANSWERS ALL CORRECT
Which of the following amount to personal property?
An acre of land valued at $4,999.
A used car valued at $5,001.
A pen, valued at $1.
Both A and C
Both B and C - Answer-Both B and C
Franklin makes the following gifts:
$45,000 to his brother Bill for to pay for Bill's surgery.
$30,000 to his sister Sue to pay her living expenses while she is unemployed.
$15,000 to his Aunt Annie for Annie's birthday.
What amount of the total $90,000 is subject to the gift tax?
$75,000
$60,000
$30,000
$15,000
$0 - Answer-$75,000
Rachel test drives a new red Chevrolet. She likes the car very much, and thinks there is
a good chance she will buy it. The salesperson offers her a price of $22,500. Rachel
wants to continue shopping for a few days to see if she can get a better price from
another dealer, but she would like the car to still be available from the first dealer if she
cannot find a better deal. Smelling a sale, the salesperson is happy to make this
promise to Rachel: "The offer on the red convertible is open at $22,500 until Friday at
5:00."
The salesperson's statement is a firm offer and would prevent the Chevy dealer from
revoking its offer before 5:00 on Friday if...
it is made verbally
it is made in writing and signed by the salesperson
both A and B are correct
none of the above, because Rachel did not pay the dealer for the option - Answer-it is
made in writing and signed by the salesperson
judicial review - Answer-allows the court to determine the constitutionality of laws
,commerce clause - Answer-the clause in the Constitution (Article I, Section 8, Clause 1)
that gives Congress the power to regulate all business activities that cross state lines or
affect more than one state or other nations
equal protection clause - Answer-prohibit the government from making arbitrary and
unreasonable distinctions among persons
rational basis test - Answer-when it is applied, the challenged distinction or classification
must merely be shown to have a "rational basis"
there merely has to be some legitimate interest - not even a particularly good one - and
the distinction must have some rational relationship with that interest
common law - Answer-all the rules and principles currently existing in any state,
regardless of their historical origin, that result form judicial decisions in those areas of
law where legislatures have not enacted comprehensive statues (judge-made law)
statutory law - Answer-legal rules that have been formally adopted by legislative bodies
rather than by the courts
In 1890, Congress passed the Sherman Antitrust Act. In 2008, Congress passed the
Genetic Information Nondiscrimination Act. Which of these is/are a statute?
A. The Sherman Antitrust Act
B. The Genetic Information Nondiscrimination Act
C. Both A and B
D. None of the above - Answer-C. Both A and B
civil laws - Answer-all those law that spell out the rights and duties existing among
individuals, business firms, and sometimes even government agencies
preponderance of the evidence - Answer-the standard of proof in a civil case in which a
judge or jury must believe the plaintiff's story and evidence is stronger than the
defendant's version.
criminal law - Answer-statutes in which a state or the federal government prohibits
specified kinds of conduct and which additionally provide for the imposition of fines or
imprisonment on persons convicted of violating them
beyond a reasonable doubt - Answer-the level of proof required to convict a person of a
crime
Paul Plaintiff sues Donna Defendant in a tort case. He accuses her of running a stop
sign and hitting his car and seeks damages to compensate him for his losses. Paul's
case will be a ____________ lawsuit. In the case, Paul's burden of proof will be to prove
his case ______________. - Answer-civil; by preponderance of the evidence
, limited jurisdiction - Answer-have limited authority and can hear only certain types of
cases
general trial courts - Answer-courts of "general jurisdiction"; they are empowered to
hear all cases except those expressly assigned by statute to the courts of limited
jurisdiction
appellate courts - Answer-hear appeals from judgments entered by the lower courts
Ron loses his discrimination claim in federal district court. If he wishes, he can appeal
his case to a __________ court. If he loses there, he can seek to have his case
reviewed by _____________. - Answer-US court of Appeals; the US Supreme Court
summary judgment - Answer-a judgment decided by a trial court without that case going
to trial; a summary judgment is an attempt to stop a case from going to trial
remanded - Answer-to send a case back to the court that originally heard it
affirms - Answer-allows lower court's action to stand
adversarial system - Answer-trial procedures designed to resolve conflict through the
clash of opposing sides, moderated by a neutral, passive judge who applies the law
inquisitorial system - Answer-trial procedures designed to determine the truth through
the intervention of an active judge who seeks evidence and questions witnesses
complaint - Answer-a formal notice that a lawsuit is being brought
motion to dismiss - Answer-a pleading in which a defendant asserts that the plaintiff's
claim fails to state a cause of action (that is, has no basis in law) or that there are other
grounds on which a suit should be dismissed
answer - Answer-if there is no motion to dismiss, or if one is filed and denied, the
defendant responds to the complaint by filing an answer (complaint and answer make
up the initial proceedings of a case)
denial - Answer-formality that places the plaintiff's allegations in issue and places the
burden on the plaintiff to prove the factual assertions he or she has made
default judgment - Answer-a judgment entered by a court against a defendant who has
failed to appear in court to answer or defend against the plaintiff's claim
Adam sues Brenda and claims that Brenda's dog bit his leg. Brenda receives a copy of
Adam's complaint, and in her answer, she alleges that her dog bit Adam when he was
trespassing in her yard late at night, that he destroyed her fence when he ran away from
AND ANSWERS ALL CORRECT
Which of the following amount to personal property?
An acre of land valued at $4,999.
A used car valued at $5,001.
A pen, valued at $1.
Both A and C
Both B and C - Answer-Both B and C
Franklin makes the following gifts:
$45,000 to his brother Bill for to pay for Bill's surgery.
$30,000 to his sister Sue to pay her living expenses while she is unemployed.
$15,000 to his Aunt Annie for Annie's birthday.
What amount of the total $90,000 is subject to the gift tax?
$75,000
$60,000
$30,000
$15,000
$0 - Answer-$75,000
Rachel test drives a new red Chevrolet. She likes the car very much, and thinks there is
a good chance she will buy it. The salesperson offers her a price of $22,500. Rachel
wants to continue shopping for a few days to see if she can get a better price from
another dealer, but she would like the car to still be available from the first dealer if she
cannot find a better deal. Smelling a sale, the salesperson is happy to make this
promise to Rachel: "The offer on the red convertible is open at $22,500 until Friday at
5:00."
The salesperson's statement is a firm offer and would prevent the Chevy dealer from
revoking its offer before 5:00 on Friday if...
it is made verbally
it is made in writing and signed by the salesperson
both A and B are correct
none of the above, because Rachel did not pay the dealer for the option - Answer-it is
made in writing and signed by the salesperson
judicial review - Answer-allows the court to determine the constitutionality of laws
,commerce clause - Answer-the clause in the Constitution (Article I, Section 8, Clause 1)
that gives Congress the power to regulate all business activities that cross state lines or
affect more than one state or other nations
equal protection clause - Answer-prohibit the government from making arbitrary and
unreasonable distinctions among persons
rational basis test - Answer-when it is applied, the challenged distinction or classification
must merely be shown to have a "rational basis"
there merely has to be some legitimate interest - not even a particularly good one - and
the distinction must have some rational relationship with that interest
common law - Answer-all the rules and principles currently existing in any state,
regardless of their historical origin, that result form judicial decisions in those areas of
law where legislatures have not enacted comprehensive statues (judge-made law)
statutory law - Answer-legal rules that have been formally adopted by legislative bodies
rather than by the courts
In 1890, Congress passed the Sherman Antitrust Act. In 2008, Congress passed the
Genetic Information Nondiscrimination Act. Which of these is/are a statute?
A. The Sherman Antitrust Act
B. The Genetic Information Nondiscrimination Act
C. Both A and B
D. None of the above - Answer-C. Both A and B
civil laws - Answer-all those law that spell out the rights and duties existing among
individuals, business firms, and sometimes even government agencies
preponderance of the evidence - Answer-the standard of proof in a civil case in which a
judge or jury must believe the plaintiff's story and evidence is stronger than the
defendant's version.
criminal law - Answer-statutes in which a state or the federal government prohibits
specified kinds of conduct and which additionally provide for the imposition of fines or
imprisonment on persons convicted of violating them
beyond a reasonable doubt - Answer-the level of proof required to convict a person of a
crime
Paul Plaintiff sues Donna Defendant in a tort case. He accuses her of running a stop
sign and hitting his car and seeks damages to compensate him for his losses. Paul's
case will be a ____________ lawsuit. In the case, Paul's burden of proof will be to prove
his case ______________. - Answer-civil; by preponderance of the evidence
, limited jurisdiction - Answer-have limited authority and can hear only certain types of
cases
general trial courts - Answer-courts of "general jurisdiction"; they are empowered to
hear all cases except those expressly assigned by statute to the courts of limited
jurisdiction
appellate courts - Answer-hear appeals from judgments entered by the lower courts
Ron loses his discrimination claim in federal district court. If he wishes, he can appeal
his case to a __________ court. If he loses there, he can seek to have his case
reviewed by _____________. - Answer-US court of Appeals; the US Supreme Court
summary judgment - Answer-a judgment decided by a trial court without that case going
to trial; a summary judgment is an attempt to stop a case from going to trial
remanded - Answer-to send a case back to the court that originally heard it
affirms - Answer-allows lower court's action to stand
adversarial system - Answer-trial procedures designed to resolve conflict through the
clash of opposing sides, moderated by a neutral, passive judge who applies the law
inquisitorial system - Answer-trial procedures designed to determine the truth through
the intervention of an active judge who seeks evidence and questions witnesses
complaint - Answer-a formal notice that a lawsuit is being brought
motion to dismiss - Answer-a pleading in which a defendant asserts that the plaintiff's
claim fails to state a cause of action (that is, has no basis in law) or that there are other
grounds on which a suit should be dismissed
answer - Answer-if there is no motion to dismiss, or if one is filed and denied, the
defendant responds to the complaint by filing an answer (complaint and answer make
up the initial proceedings of a case)
denial - Answer-formality that places the plaintiff's allegations in issue and places the
burden on the plaintiff to prove the factual assertions he or she has made
default judgment - Answer-a judgment entered by a court against a defendant who has
failed to appear in court to answer or defend against the plaintiff's claim
Adam sues Brenda and claims that Brenda's dog bit his leg. Brenda receives a copy of
Adam's complaint, and in her answer, she alleges that her dog bit Adam when he was
trespassing in her yard late at night, that he destroyed her fence when he ran away from
