SECTION IIntroduction to Law Final Exam Instructions Instructor A.docx

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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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
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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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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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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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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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:
Final Exam Page 8
race
national origin
ethnicity
legitimacy
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.
Final Exam Page 9
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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
Final Exam Page 10
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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.

SECTION IIntroduction to Law Final Exam Instructions Instructor A.docx

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