Fact Pattern (Next two questions refer to this)

Question

Question 1

Fact Pattern (Next two questions refer to this)

The Florida Supreme Court decides the case of Metro Convention Center, Inc. v. Urban Sports Team LLC. Of the nine justices, six believe the judgment should be in Metro’s favor. Justice Rubio, one of the six, writes a separate opinion. The three justices who be­lieve the judgment should be in Urban’s favor join in a third separate opinion. Refer to Fact Pattern 1–1. Rubio’s opin­ion is known as a

A. per curiam opinion.

B. concurring opinion.

C. dissenting opinion.

D. majority opinion.

Question 2

The legislature of the state of Wyoming enacts a new statute that sets stan­dards for the liability of businesses selling defective products. This statute applies in

A. all states but only to matters not covered by other states’ laws.

B. all states.

C. only Wyoming and its bordering states only.

D. Wyoming only.

Question 3

In a suit against Ian, Jenna obtains an injunction. This is

A. a payment of money or property as compensation.

B. an order to perform what was promised.

C. the cancellation of a contract.

D. an injunction. an order to do or to refrain from doing a particular act.

Question 4

Arizona enacts a state law that violates the U.S. Constitution. This Arizona law can be enforced by

A. the United States Supreme Court only.

B. no one.

C. the federal government only.

D. the state of Arizona only.

Question 5

In Bad Boyz Toyz v. Caleb, a state supreme court held that a minor could cancel a con­tract for the sale of a motorcycle. Now a trial court in the same state is decid­ing Dirk’s Dirt Bikes v. Eden, a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to

A. require the minor to fulfill the contract.

B. allow the minor to cancel the contract.

C. order the minor to cancel the contract.

D. disregard the previous case.

Question 6

In 2005, Facebook launched a social media site that allows its users to designate certain other users as “friends.” Facetrak, a gaming site that allows its users to play with designated “friends,” claims that Facebook’s use of the word constitutes false advertising and trademark infringement. Under the principles discussed in “A Sample Court Case,” Apple, Inc. v. Amazon.com, Inc., (page 22-24) Facebook’s use most likely

A. misleads gamers about the quality of Facebook’s “friends.”

B. implies something false about the quality of Facebook’s “friends.”

C. makes no statement about the quality of Facetrak’s “friends.”

D. creates an impression of seamless integration with Facetrak’s “friends.”

Question 7

Refer to Fact Pattern.

The Florida Supreme Court decides the case of Metro Convention Center, Inc. v. Urban Sports Team LLC. Of the nine justices, six believe the judgment should be in Metro’s favor. Justice Rubio, one of the six, writes a separate opinion. The three justices who be­lieve the judgment should be in Urban’s favor join in a third separate opinion.

The opin­ion joined by the three justices who favor Urban is known as a

A. concurring opinion.

B. dissenting opinion.

C. per curiam opinion.

D. majority opinion.

Question 8

Helen is a state court judge. Like other judges, Helen often refers to secondary sources of law for guidance. These sources include

A. legal encyclopedias.

B. state constitutions.

C. other states’ statutes.

D. the U.S. Constitution.

Question 9

In a suit against Ethan, Francisco obtains an award of damages. This is

A. an order to do or to refrain from doing a particular act.

B. an order to perform what was promised.

C. a payment of money or property as compensation.

D. the cancellation of a contract.

Question 10

The Occupational Safety and Health Commission is a federal administrative agency. Oregon has a parallel state agency, the Oregon Occupational Safety and Health Division. If Oregon’s administrative agency enacts regulations that are in conflict with the federal regulations

A. state regulations take precedence.

B. federal and state regulations will both apply.

C. neither the federal or state regulations will apply.

D. federal regulations take precedence.

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