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Study Guide Exam # 1 – LSE 240
Chapters 3, 5, 7, 8-10.
Chapter 3
1. What are federal trial courts called? Federal appeals courts?
2. What outcomes can a case have on appeal?
3. Which federal judicial circuit is Kentucky in? California?
4. How is it possible that the rights of a citizen or a corporation in
Kentucky, as to federal law, be different from the rights of a citizen
or corporation in California?
5. Which courts do small businesses usually get sued in? What makes
such a court attractive to unhappy consumers?
6. What is jurisdiction? Explain the two types.
7. Give examples of exclusive federal jurisdiction?
8. After filing a suit, what does the plaintiff have to do?
9. Who issues the summons? Who has to serve the defendant?
10.
What happens if the defendant does not file an answer?
11.
What is discovery? Why is it important?
12.
What is a pretrial conference? Why is it held?
13.
How is collection handled after a judgment is obtained
against a defendant?
14.
What are the two alternatives to court adjudication? Describe
them and compare them to adjudication?
Chapter 5
1. What is administrative law?
2. What is an administrative agency? What are other terms used to
refer to administrative agencies?
3. How do administrative agencies make “law”?
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4. What does the APA require an agency to provide when exercising
its rulemaking power?
5. What is required before a party can bring court action against an
agency?
6. Which questions of law are asked by a court reviewing the
activities of an administrative agency?
7. How do the legislative and executive branches exercise control
over administrative agencies?
8. What is a FOIA request?
LST 240
Study Guide
Chapter 7
1. When is a tort committed?
2. When are businesses liable for the torts committed by their
employees?
3. What are the ways that injuries may be inflicted in torts?
4. As to torts/wrongful conduct, what is the purpose of the law?
5. What are punitive damages? When are they imposed?
6. According to the court in State farm, what is the purpose of
imposing punitive damages?
7. What is “intent” in torts?
8. Give examples of defenses to intentional torts?
9. What is harm to person?
10. What is battery?
11. What is false imprisonment? In the light of the decision in
Vaughn v. Wal-Mart, how should a shopkeeper exercise the
authority to detain suspect shoplifters?
12. What is the intentional infliction of emotional distress?
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13. What are the elements of defamation? How do employers
avoid defamation claims when giving references for former
employees?
14. What is the tort of invasion of privacy?
15. What is public disclosure of private facts?
16. What is false light?
17. What is a nuisance?
18. What is the name of the tort where company A induces
company B to breach a valid agreement with company C? If A
is successful, what is C entitled to from A in such situation?
19. What is disparagement? What is the key factor that makes a
company liable for disparagement?
20. What element, in addition to false statement made with
knowledge of its falsity and with intent to induce another to act,
is needed to have a claim for fraudulent misrepresentation?
Chapter 8
1. What are the five elements of a claim for negligence?
2. What standard of care is expected from those under 18 of
age?
3. When is violation of statute negligence per se?
4. What duty does the law impose on a person as to other s and
their property? Give examples of relations that impose a duty
to aid or protect another?
5. What duty is owed to a trespasser, licensee, and invitee?
6. If a business owner discovers a dangerous condition on their
premises, what should they do?
7. Why was the restaurant owner in Love vs. Hardee’s under a
duty to use due care to guard against water on the floor of the
restroom? What if another person pushed the customer and
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the customer slipped on the water and hurt themselves?
Would Hardee’s be responsible?
8. A piece of plaster falls on the head of a hotel guest while he
is sleeping. Is the hotel liable? What is the rule that permits
the jury to infer both negligent conduct and causation?
9. Many courts hold contracts for assumption of risk
unenforceable as a matter of public policy, why do
businesses still have customers and clients sign waivers of
liability and assumption of risk forms?
10.
Give examples of instances where a person may be held
liable for injuries he has caused even though he has not acted
intentionally or negligently?
Chapter 9
1. Which law governs the sale of good?
2. Which law would control if there is no specific provision
of UCC applicable?
3. What is a contract? What are the four basic requirements
of a contract? Do all contracts have to be in writing?
4. What is bilateral contract?
5. What is the difference between a void, voidable and an
unenforceable contract?
6. A sees B painting A’s house. A did not hire B. A says
nothing. Would A be liable to pay B for the painting of his
house? On what basis?
Chapter 10
1. What is an offer? Name some of the ways in which an
offer may be terminated.
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2. Why is it a good idea to always specify clearly the
duration of an offer one makes?
3. Can an offer be revoked after it has been accepted?
4. Offers to sell his bike for $25. B asks if A would accept
$15. Did B make a counteroffer that if accepted would
bind B? Is the offer terminated?