Reference no: EM133531719
Questions
1. In a civil lawsuit, a judge may instruct the jury in a case to disregard certain evidence including.
Three of the three answers are true.
Evidence that is insufficiently related to the issue.
Hearsay testimony.
Testimony of any witness who has been paid to testify.
Two of the three examples are true.
2. Which of the following statements is NOT a tenant of federalism?
states retain all powers not expressly provided to the government in the US Constitution
the federal government has implied powers to maintain the safety and health of its citizens
the federal government only has power given to it by the US Constitution
the Constitution limits the power of the federal government
3. Alternative dispute resolution, or ADR, is a method to resolve disputes outside the courtroom. The method of ADR that utilizes a neutral third-party decision maker to consider evidence and make a binding decision is called:
arbitration
mediation
judicial mediation
negotiation
4. Which of the following is NOT an element of a negligence claim?
breach of duty of care
proximate cause
duty of care
intent
5. Sunwoo enters into a contract with Filamea Construction Co. to remodel his bathroom. Filamea Construction Co. was almost finished with the remodel project but then could not complete the remodel on time due to staffing shortages. Sunwoo canceled the contract and hired another construction company to finish the project. Sunwoo then sued Filamea Construction Co. for breach of contract and Filamea Construction Co. counterclaimed for failure to pay for services. Filamea's best argument to would be:
improper delegation
Sunwoo lacks damages
commercial impracticability
it substantially performed the contract
6. Which state is known for being a very business-friendly state in which to incorporate a business?
New Jersey
Washington
California
Delaware
7. This group of people in a corporation are responsible for appointing corporate officers.
board of directors
principals
partners
legal department
8 Article III of the US Constitution establishes the judicial branch of the federal government. Which court is expressly created by the US Constitution?
federal appellate courts
federal trial courts
small claims court
the US Supreme Court
9. Helena was walking to work and did not wait for the walk signal before crossing the street. Helena was texting on her phone as she entered the intersection and did not see Mamta riding her bike toward her. Mamta crashed into Helena and both women were injured. Helena had to miss two weeks of work and incurred medical bills related to the accident. Helena sued Mamta for negligence in order to recover her lost wages and medical expenses.
Mamta's best defense to Helena's would be:
assumption of risk
open and obvious doctrine
comparative fault
unclean hands
10. A party may have a valid excuse for not performing a contract. Which of the following defenses would be Sylvie's best argument against a contract claim?
Sylvie, a freelance artist, entered into a contract with Yveline to paint a portrait of Yveline's pets. As Sylvie was painting the portrait, Yveline informed Sylvie that she would like Sylvie to incorporate a painting of an image that is copyrighted by another artist. Sylvie consulted a lawyer who advised her that she could not reproduce the copyrighted image without the other artist's permission. Nevertheless, Yveline demanded that Sylvie do as she requested or she would write a scathing Yelp review. After Sylvie refused, Yveline sued Sylvie for breach of contract.
Which of the following defenses would be Sylvie's best argument against Yveline's contract claim?
incapacity
duress
illegality
condition precedent
11. What does "double taxation" refer to?
federal and state taxes owed by a corporation
an employer's contribution to an employee's payroll taxes
taxes that must be paid by an independent contractor
taxation of the corporation and its shareholders
12. If you want to own your own business but don't have a great idea for a service or product, this business entity is a good option for you.
sole proprietorship
corporation
franchise
limited liability corporation
13. There are various corporate forms you can choose from when incorporating your business. The corporate form that provides limited liability for its owners and the most convenient administration is called:
sole proprietorship
S corporation
C corporation
limited liability corporation
14. Which of the following would establish personal jurisdiction over a corporate defendant in Washington state?
all of these
the corporation is incorporated in Washington state
the corporation has its headquarters in Washington state
the corporation solicits Washington state residents to purchase its goods
15. Which form of discovery is used to obtain written answers from one party to questions posted by the other party?
interrogatories
independent medical exam
depositions
requests for production of documents
16. Danya is hired by Rali to perform tech support for his podcasts. Rali pays Danya a weekly salary, provides equipment for Danya to use, requires Danya to wear all black clothing, and controls the conditions in which Danya provides tech support. Under these circumstances, Danya would likely be:
an employee
an independent contractor
No answer text provided.
17. Jeewook is concerned about the lack of reasonable accommodations for his co-worker Jiyoung. Jiyoung has limited vision and needs a larger computer monitor to perform her work. Jiyoung has requested that she be able to use a larger monitor, that she will provide herself, but the employer has refused. Jeewook wants to file a lawsuit against their employer for its failure to provide reasonable accommodations to Jiyoung. Jiyoung does not want to sue because she is scared of losing her job, but agreed that Jeewook can bring the lawsuit in his own name.
While very kind, Jeewook's effort for his co-worker will be unsuccessful because:
the court lacks personal jurisdiction over Jiyoung
Jeewook lacks standing to bring a lawsuit on this matter
Jeewook is not authorized to practice law
Jiyoung failed to perform her work as directed by her employer