LEGAL – Exam 1: Legal System, Sources of Law, Courts, and Business Law
Foundations Study Guide
Lily has suffered severe injuries from a car accident. She would like to sue for compensation, but
does not have enough funds on hand to retain an attorney on her own. What is the best type of
fee arrangement for Lily? - correct answer ✔✔Contingency fee
Vinny decides to sue Allison. To begin the suit, Vinny must file a complaint. Vinny's attorney
argues in the complaint that the Connecticut Superior Court is the most appropriate court in
which the case should be heard. Vinny's attorney is asserting - correct answer ✔✔a statement
of the basis for the court's jurisdiction
In preparation for a trial between George and the ABC Corporation, ABC's attorney places
George under oath and asks George questions that are recorded by a court's reporter. This is a -
correct answer ✔✔deposition
Motor Sports, Inc., sues A-Z speed. Motor Sports alleges that A-Z breached a contract that
required A-Z to sell 10 Jet Skis to Motor Sports. Under the rules governing discovery, Motor
Sports is most likely entitled to obtain - correct answer ✔✔documents in A-Z's possession
relating to the contract
During voir dire - correct answer ✔✔Potential jurors in the jury pool are questioned
Stewart, a construction worker, fell from a beam and suffered serious injuries. He sued his
employer, Sunrise Construction, for damages. In most jurisdictions, a court will first impose
lighter sanctions but eventually will dismiss a case if a party shows blatant disregard for court
orders. Over six years of pretrial motions, Stewart was repeatedly asked to provide the names of
expert witnesses he intended to call for his case. Sunrise filed motions three times asking the
court to compel Stewart to answer the questions. The trial court entered three orders to compel
Stewart to answer and four orders allowing him extra time to answer. Stewart did not respond.
Sunrise filed a motion to dismiss because of Stewart's failure to comply with the orders. What
,would the court most likely do? - correct answer ✔✔dismiss the case because of Stewart's
refusal to provide information to Sunrise
A Florida law provides that any person who "knowingly serves" a person a "habitually addicted"
to alcohol may be liable for an injury caused by the intoxication of that person. Hoag was driving
while intoxicated when his car struck Sabo's car. Sabo suffered injuries as a result. Before the
accident, Hoag had consumed several drinks at Peoples Restaurant. Sao sued Peoples
Restaurant, alleging that the restaurant violated the statute. Peoples filed a motion for summary
judgement, asking the court to grant a judgment in its favor without a trial because it had no
knowledge of Hong's drinking habits. The court will most likely - correct answer ✔✔deny the
motion for summary judgment bc there were questions of fact abt the restaurant's knowledge
of Hoag's drinking habits that had to be determined at trial
Mason brought a civil rights action against his employer, the New York Department of Mental
Hygiene, after it failed to promote him. His complaint stated that the department had
discriminated against him by denying him "the authority, salary, and privileges commensurate
with this position." The department filed a motion to dismiss for failure to state a claim for
which relief could be granted. The court will probably - correct answer ✔✔dismiss the case bc
the complaint did not state a claim
Dominic sues Gemalt, Inc. for negligence. At trial, Dominic testifies that he heard Francis, a
manager at Gemalt, say that he thought Gemalt was acting carelessly. Dominic's testimony
about Francis will most likely be: - correct answer ✔✔not admitted as evidence bc it is hearsay
Anna sues Whitney. While presenting her case, Anna's attorney calls Whitney's doctor to the
witness stand. The questioning of this witness at this point in the trial is known as - correct
answer ✔✔direct examination
A trial between Shane and Verna results in a jury verdict in Shane's favor. After the jury renders
its verdict, Verna's attorney can file a motion - correct answer ✔✔for a new trial
, A judgment is entered against Michael in Anderson's case against him. Michael appeals to an
intermediate appellate court, which agrees to review the case. On appeal, most appellate courts
- correct answer ✔✔affirm the trial court's findings of fact
While hospitalized at the Washoe Medical Center, Swisher fell out of bed and died. Her family
sued Washoe. Judges are required to remain impartial and to provide a courtroom that
promotes order and decorum. During voir dire at the trial, when the plaintiff's attorney arrived
late after a break, the trial judge led the prospective jurors in a standing ovation. The judge
joked with one juror whom he had known in college and endorsed another juror's business. The
judge's comments were made in the presence of the plaintiff and the defendant, their
attorneys, and all prospective jurors. The jury found for Washoe. The plaintiff moved for a new
trial, but the judge denied the motion. The plaintiff appealed, arguing that the tone set by the
judge prejudiced the plaintiff's right to a fair trial and violated Nevada's Code of Judicial
Conduct, which requires judicial neutrality. The appellate court will most likely - correct answer
✔✔hold that the Nevada judicial code applied and order a new trial
Maya prevails in her lawsuit against Anthony. Anthony can satisfy the judgment by - correct
answer ✔✔transferring the property he owns directly to Maya or selling property he owns an
using the proceeds to pay her
Juan files a lawsuit against Liliana. Liliana responds to the complaint by filing an answer. After
the pleadings are closed, Juan can file - correct answer ✔✔a motion for judgment on the
pleadings
John is a resident of Iowa. While driving through California, he has an accident involving
Marisol, a California resident. Marisol files a lawsuit in a California state court. Over John, the
California court has - correct answer ✔✔in personam jurisidction
Toybox, Inc., manufactures the Spintop, a toy that the company discovers can cause harm.
Before anyone is injured, Anne, a pediatric nurse who has not purchased a Spintop, files a suit
against Toybox, Inc. In seeking to have the suit dismissed, Toybox, Inc., best argument is that
Anne does not have - correct answer ✔✔standing to sue
Foundations Study Guide
Lily has suffered severe injuries from a car accident. She would like to sue for compensation, but
does not have enough funds on hand to retain an attorney on her own. What is the best type of
fee arrangement for Lily? - correct answer ✔✔Contingency fee
Vinny decides to sue Allison. To begin the suit, Vinny must file a complaint. Vinny's attorney
argues in the complaint that the Connecticut Superior Court is the most appropriate court in
which the case should be heard. Vinny's attorney is asserting - correct answer ✔✔a statement
of the basis for the court's jurisdiction
In preparation for a trial between George and the ABC Corporation, ABC's attorney places
George under oath and asks George questions that are recorded by a court's reporter. This is a -
correct answer ✔✔deposition
Motor Sports, Inc., sues A-Z speed. Motor Sports alleges that A-Z breached a contract that
required A-Z to sell 10 Jet Skis to Motor Sports. Under the rules governing discovery, Motor
Sports is most likely entitled to obtain - correct answer ✔✔documents in A-Z's possession
relating to the contract
During voir dire - correct answer ✔✔Potential jurors in the jury pool are questioned
Stewart, a construction worker, fell from a beam and suffered serious injuries. He sued his
employer, Sunrise Construction, for damages. In most jurisdictions, a court will first impose
lighter sanctions but eventually will dismiss a case if a party shows blatant disregard for court
orders. Over six years of pretrial motions, Stewart was repeatedly asked to provide the names of
expert witnesses he intended to call for his case. Sunrise filed motions three times asking the
court to compel Stewart to answer the questions. The trial court entered three orders to compel
Stewart to answer and four orders allowing him extra time to answer. Stewart did not respond.
Sunrise filed a motion to dismiss because of Stewart's failure to comply with the orders. What
,would the court most likely do? - correct answer ✔✔dismiss the case because of Stewart's
refusal to provide information to Sunrise
A Florida law provides that any person who "knowingly serves" a person a "habitually addicted"
to alcohol may be liable for an injury caused by the intoxication of that person. Hoag was driving
while intoxicated when his car struck Sabo's car. Sabo suffered injuries as a result. Before the
accident, Hoag had consumed several drinks at Peoples Restaurant. Sao sued Peoples
Restaurant, alleging that the restaurant violated the statute. Peoples filed a motion for summary
judgement, asking the court to grant a judgment in its favor without a trial because it had no
knowledge of Hong's drinking habits. The court will most likely - correct answer ✔✔deny the
motion for summary judgment bc there were questions of fact abt the restaurant's knowledge
of Hoag's drinking habits that had to be determined at trial
Mason brought a civil rights action against his employer, the New York Department of Mental
Hygiene, after it failed to promote him. His complaint stated that the department had
discriminated against him by denying him "the authority, salary, and privileges commensurate
with this position." The department filed a motion to dismiss for failure to state a claim for
which relief could be granted. The court will probably - correct answer ✔✔dismiss the case bc
the complaint did not state a claim
Dominic sues Gemalt, Inc. for negligence. At trial, Dominic testifies that he heard Francis, a
manager at Gemalt, say that he thought Gemalt was acting carelessly. Dominic's testimony
about Francis will most likely be: - correct answer ✔✔not admitted as evidence bc it is hearsay
Anna sues Whitney. While presenting her case, Anna's attorney calls Whitney's doctor to the
witness stand. The questioning of this witness at this point in the trial is known as - correct
answer ✔✔direct examination
A trial between Shane and Verna results in a jury verdict in Shane's favor. After the jury renders
its verdict, Verna's attorney can file a motion - correct answer ✔✔for a new trial
, A judgment is entered against Michael in Anderson's case against him. Michael appeals to an
intermediate appellate court, which agrees to review the case. On appeal, most appellate courts
- correct answer ✔✔affirm the trial court's findings of fact
While hospitalized at the Washoe Medical Center, Swisher fell out of bed and died. Her family
sued Washoe. Judges are required to remain impartial and to provide a courtroom that
promotes order and decorum. During voir dire at the trial, when the plaintiff's attorney arrived
late after a break, the trial judge led the prospective jurors in a standing ovation. The judge
joked with one juror whom he had known in college and endorsed another juror's business. The
judge's comments were made in the presence of the plaintiff and the defendant, their
attorneys, and all prospective jurors. The jury found for Washoe. The plaintiff moved for a new
trial, but the judge denied the motion. The plaintiff appealed, arguing that the tone set by the
judge prejudiced the plaintiff's right to a fair trial and violated Nevada's Code of Judicial
Conduct, which requires judicial neutrality. The appellate court will most likely - correct answer
✔✔hold that the Nevada judicial code applied and order a new trial
Maya prevails in her lawsuit against Anthony. Anthony can satisfy the judgment by - correct
answer ✔✔transferring the property he owns directly to Maya or selling property he owns an
using the proceeds to pay her
Juan files a lawsuit against Liliana. Liliana responds to the complaint by filing an answer. After
the pleadings are closed, Juan can file - correct answer ✔✔a motion for judgment on the
pleadings
John is a resident of Iowa. While driving through California, he has an accident involving
Marisol, a California resident. Marisol files a lawsuit in a California state court. Over John, the
California court has - correct answer ✔✔in personam jurisidction
Toybox, Inc., manufactures the Spintop, a toy that the company discovers can cause harm.
Before anyone is injured, Anne, a pediatric nurse who has not purchased a Spintop, files a suit
against Toybox, Inc. In seeking to have the suit dismissed, Toybox, Inc., best argument is that
Anne does not have - correct answer ✔✔standing to sue
