1) Assume that there is a provision in the Colorado state constitution that is in conflict with a
statute that was passed by the U.S. Congress and enacted into law. Which is true?
A) The Colorado constitutional provision will control; the federal statute is invalid.
B) Within Colorado, whichever was passed later will control over the other.
C) In Colorado, the Colorado constitutional provision will control over the statute passed by
Congress, but the federal statute will apply in the other 49 states.
D) Within Colorado, whichever was passed earlier will control over the other.
E) The federal statute will control and make the state constitutional provision invalid.
1)
2) Paul and Dan are involved in a traffic accident at an intersection where there is a traffic circle but
no posted signs or traffic lights. They are in agreement as to everything that happened in the
accident, including the locations of the two cars and the timing of events leading to the accident.
Based on their pleadings and on information obtained during discovery, the only dispute they
have is the interpretation of the state law affecting who had the right of way when they collided.
The appropriate motion for one of the parties to file is:
A) motion for summary judgment B) motion for judgment on the pleadings
C) A and B only D) motion for judgment n.o.v.
2)
3) George has served Mary with a complaint alleging that she trespassed on his property. Mary has
never been sued before and as such, she seeks your advice on what to do with the complaint.
You advise that she:
A) do not provide any affirmative defenses that George can use against Mary
B) do not respond and maybe George will drop the lawsuit
C) write a letter the to judge saying that George is mistaken
D) answer George's complaint by admitting or denying the allegations George has asserted
against her
3)
4) Under the Supremacy Clause of the U.S. Constitution, when Congress chooses to regulate in an
area, which of the following is true?
A) It will automatically have exclusive jurisdiction to regulate in that area.
B) The state will be able to regulate in that area only with prior permission of the U.S.
Supreme Court.
C) States will always remain able to freely regulate in that area.
D) States will always be able to regulate in that area so long as the state law does not directly
and substantially conflict with the federal law.
E) Whether the state has any authority to regulate in the area will depend on whether
Congress provides that the federal government has exclusive authority to regulate in that
area.
4)
5) The tort of intentional interference with contractual relations requires the following except:
A) third-party inducement to breach the contract
B) third-party knowledge of this contract
C) a valid, enforceable contract between the contracting parties
D) a new contract involving the third party who induced the breach
6) What does a guest statute provide?
A) that homeowners cannot be sued by their social guests for injuries incurred while the
guests were in the homeowner's home with permission
B) that someone serving alcohol to guests in the home is liable if the alcohol causes the guest
to become intoxicated and injure another person while intoxicated
C) that a driver who has voluntarily given a ride to a passenger without compensation is not
liable to the passenger for ordinary negligence
D) that tavern owners are strictly liable for alcohol related injuries caused by tavern guests
who were served alcohol at the tavern
6)
7) If a manufacturer produces a defective product, sells it to a wholesaler, who sells it to a retailer,
who sells it to a consumer, who is injured, which parties in the chain of distribution are
potentially liable under strict liability?
A) only the manufacturer and wholesaler
B) only the party at fault
C) the manufacturer, wholesaler, and retailer
D) only the manufacturer
7)
8)
8) Based on the law of products liability, which of the following is correct?
A) A manufacturer should design its products to take into account all possible misuse by the
initial purchaser, but need not worry about misuse by other users.
B) A manufacturer need only take into account the intended use of its products.
C) A manufacturer should design its products to take into account foreseeable misuse.
D) A manufacturer should design its products to take into account all possible misuse.
8)
9) Under The Racketeer Influenced and Corrupt Organizations Act, which of the following is true?
A) To constitute a pattern under the statute, the conduct must be engaged in at least once a
year for 5 consecutive years.
B) Racketeering activity is narrowly defined to include only offenses commonly engaged in
by organized crime such as money laundering.
C) As few as two acts in a 10-year period can amount to a pattern under the statute.
D) Only corporations and individuals are subject to its provisions
10) Mary was at a party given by friends of her boyfriend. It was summer and the guests spent most
of the time outdoors. Mary fell in love with a crystal serving dish being used, and when no one
was looking, slipped it into her purse. She took the dish home and placed in her kitchen cabinet.
Under the definitions under common law, what crimes has Mary committed?
A) larceny
B) robbery and burglary
C) burglary and larceny
D) larceny and receiving stolen property
E) larceny and robbery
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statute that was passed by the U.S. Congress and enacted into law. Which is true?
A) The Colorado constitutional provision will control; the federal statute is invalid.
B) Within Colorado, whichever was passed later will control over the other.
C) In Colorado, the Colorado constitutional provision will control over the statute passed by
Congress, but the federal statute will apply in the other 49 states.
D) Within Colorado, whichever was passed earlier will control over the other.
E) The federal statute will control and make the state constitutional provision invalid.
1)
2) Paul and Dan are involved in a traffic accident at an intersection where there is a traffic circle but
no posted signs or traffic lights. They are in agreement as to everything that happened in the
accident, including the locations of the two cars and the timing of events leading to the accident.
Based on their pleadings and on information obtained during discovery, the only dispute they
have is the interpretation of the state law affecting who had the right of way when they collided.
The appropriate motion for one of the parties to file is:
A) motion for summary judgment B) motion for judgment on the pleadings
C) A and B only D) motion for judgment n.o.v.
2)
3) George has served Mary with a complaint alleging that she trespassed on his property. Mary has
never been sued before and as such, she seeks your advice on what to do with the complaint.
You advise that she:
A) do not provide any affirmative defenses that George can use against Mary
B) do not respond and maybe George will drop the lawsuit
C) write a letter the to judge saying that George is mistaken
D) answer George's complaint by admitting or denying the allegations George has asserted
against her
3)
4) Under the Supremacy Clause of the U.S. Constitution, when Congress chooses to regulate in an
area, which of the following is true?
A) It will automatically have exclusive jurisdiction to regulate in that area.
B) The state will be able to regulate in that area only with prior permission of the U.S.
Supreme Court.
C) States will always remain able to freely regulate in that area.
D) States will always be able to regulate in that area so long as the state law does not directly
and substantially conflict with the federal law.
E) Whether the state has any authority to regulate in the area will depend on whether
Congress provides that the federal government has exclusive authority to regulate in that
area.
4)
5) The tort of intentional interference with contractual relations requires the following except:
A) third-party inducement to breach the contract
B) third-party knowledge of this contract
C) a valid, enforceable contract between the contracting parties
D) a new contract involving the third party who induced the breach
6) What does a guest statute provide?
A) that homeowners cannot be sued by their social guests for injuries incurred while the
guests were in the homeowner's home with permission
B) that someone serving alcohol to guests in the home is liable if the alcohol causes the guest
to become intoxicated and injure another person while intoxicated
C) that a driver who has voluntarily given a ride to a passenger without compensation is not
liable to the passenger for ordinary negligence
D) that tavern owners are strictly liable for alcohol related injuries caused by tavern guests
who were served alcohol at the tavern
6)
7) If a manufacturer produces a defective product, sells it to a wholesaler, who sells it to a retailer,
who sells it to a consumer, who is injured, which parties in the chain of distribution are
potentially liable under strict liability?
A) only the manufacturer and wholesaler
B) only the party at fault
C) the manufacturer, wholesaler, and retailer
D) only the manufacturer
7)
8)
8) Based on the law of products liability, which of the following is correct?
A) A manufacturer should design its products to take into account all possible misuse by the
initial purchaser, but need not worry about misuse by other users.
B) A manufacturer need only take into account the intended use of its products.
C) A manufacturer should design its products to take into account foreseeable misuse.
D) A manufacturer should design its products to take into account all possible misuse.
8)
9) Under The Racketeer Influenced and Corrupt Organizations Act, which of the following is true?
A) To constitute a pattern under the statute, the conduct must be engaged in at least once a
year for 5 consecutive years.
B) Racketeering activity is narrowly defined to include only offenses commonly engaged in
by organized crime such as money laundering.
C) As few as two acts in a 10-year period can amount to a pattern under the statute.
D) Only corporations and individuals are subject to its provisions
10) Mary was at a party given by friends of her boyfriend. It was summer and the guests spent most
of the time outdoors. Mary fell in love with a crystal serving dish being used, and when no one
was looking, slipped it into her purse. She took the dish home and placed in her kitchen cabinet.
Under the definitions under common law, what crimes has Mary committed?
A) larceny
B) robbery and burglary
C) burglary and larceny
D) larceny and receiving stolen property
E) larceny and robbery
2