Stare Decisis can be defined as a Latin term meaning:
A. To stand by a decision: the theory that previous case law is to be
respected by other judges in interpreting law
B.The thing speaks for itself: the notion that previous statements of fact
are adopted as true
C.Freedom to be free: the theory that law is created by the free
expression of humankind and should thereby be respected
D. Inherently dangerous: the theory that some acts are so dangerous that
negligence is presumed
QUESTION 1 10 points SSaavvee Annssweerr
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Question Completion Status:
Home Courses Community My Content Mona Mashel
The elements of negligence are:
A. Breach damages causation
B.Duty breach causation
C.Breach, injury, damages
D.Duty, damages, injury
QUESTION 2 10 points SSaavvee Annssweerr
Free speech is:
A. The right to express yourself without government intervention, in any way you want
B. Expression without restraint
C. The right to perform physical acts or methods of communication that are harmful to others
D. The right to be protected from undesirable feedback after you communicate a thought
QUESTION 3 10 points SSaavvee Annssweerr
The seminal case Brandenburg v. Ohio set forth the precedent that the government cannot punish
inflammatory speech unless the following threshold element is met:
A. Imminent lawlessness
B. Riot speech
C. Clear and present danger
D. Hate speech
QUESTION 4 10 points SSaavvee Annssweerr
In the seminal case of Jacobellis v. Ohio, United States Supreme Court
Justice Potter Stewart famously described obscenity as:
QUESTION 5 10 points SSaavvee Annssweerr
A. Something impossible in these modern times
B.Something created to incite or inflame societies core values
C.Something that he knew when he saw it
D.Something giving rise to the prurient interest
Laws created to protect journalists and their sources are called:
A. Proposition 50
B.Eagle laws
C.Free Hat laws
D.Shield laws
QUESTION 6 10 points SSaavvee Annssweerr
Based on our discussions in class, BURGLARY can be defined as:
A. Breaking and entering with the with the intent of taking the residence
or building as your own
B.Unlawful taking of an item from another by force or fear
C.Unlawful entry into the dwelling of another with the intent to commit
a larceny or felony therein
D.Breaking and entering with the intent to commit robbery or petty theft
QUESTION 7 10 points SSaavvee Annssweerr
Based on our discussions in class, ROBBERY can be best defined as:
A. Breaking and entering with the with the intent of taking the residence
or building as your own
B. Breaking and entering with the intent to commit robbery or petty theft
C.Unlawful entry into the dwelling of another with the intent to commit
a larceny or felony therein
D.Unlawful taking of an item from another by force or fear
QUESTION 8 10 points SSaavvee Annssweerr
The right to privacy of people within the State of California is expressly
granted through:
A.United States Constitution
B.California Constitution
C.Proposition 50a of 1909
D.Proposition 50a of 1901
QUESTION 9 10 points SSaavvee Annssweerr
When a court is not allowed to hear a certain type of matter, that is often
because the court lacks:
A. Civil Procedure
B.Subject Matter Jurisdiction
QUESTION 10 10 points SSaavvee Annssweerr
C.Vestment
D.Liability
Personal Jurisdiction over a person by a court concerns:
A.Whether a person is liable for their actions given the inherently
dangerous activity within which they were engaged
B.The ability of the court to enter a binding judgment as it relates to the
person
C.Whether the court can hear certain types of cases
D.Whether a person has ever sued in that court before
QUESTION 11 10 points SSaavvee Annssweerr
David has just filed a lawsuit on behalf of himself and his adult son, Tony.
David and Tony are both named as Plaintiffs. Tony personally served the
lawsuit to the Defendants. Personal service is the preferable method of
service in the state where David filed the lawsuit. Was the service
successfully completed?
A. It depends on whether Tony and David knew where the defendants live.
(hint: this is an incorrect answer)
B. It depends on whether Tony knew where the defendants live.
(hint: this is an incorrect answer)
C.NO
D. YES
QUESTION 12 10 points SSaavvee Annssweerr
Martin, a resident of California, sues David, a resident of Indiana. Martin
files the lawsuit in California. To serve David, Martin mails a copy of the
lawsuit to David. Indiana allows lawsuits to be served by mail. Was
service perfected by Martin?
A.No, because Martin mailed the lawsuit himself.
B.Yes, because he used a method allowable in the state where the
Defendant resides
C.No, because Martin used a method not allowed for service in
California, where the lawsuit was filed
D.Yes, because David could reasonably expect to be hailed into court in
California
QUESTION 13 10 points SSaavvee Annssweerr
Paula, a resident of Ventura County, sues David, a resident of Los Angeles
County, by filing in the Superior Court of the State of California-County
of Los Angeles. Is venue proper in Los Angeles County:
A.No, David can only be sued in Ventura County
B.No, Paula lives in Ventura County
C.Yes, Paula can file in any court she wants
D.Yes, David lives in Los Angeles County
QUESTION 14 10 points SSaavvee Annssweerr
Paula, a resident of Ventura County, sues David, a resident of Los Angeles
QUESTION 15 10 points SSaavvee Annssweerr
County, by filing in the Superior Court of the State of California-County
of Ventura. The cause of action relates to a car accident that occurred in
Los Angeles County, wherein Paula was rear-ended by David. Is venue
proper in Ventura County?
A. It depends on whether David had ever been to Ventura County.
B. NO
C. I’m not sure; more information is needed in order to determine proper venue.
D. YES
Don sues Michelle in the Superior Court of the State of California –
County of Ventura for breach of contract relating to the purchase of
supplies from Michelle for his photo printing business. Michelle wants to
sue Don for a car accident from a year ago, wherein Michelle was injured.
Must Michelle file the cross complaint in the lawsuit now pending in order
to protect her right to obtain damages from Don?
A.No, Michelle has exceeded the statute of limitations and thereby
cannot recover damages
B.Yes, both parties must bring all claims against each other at the same
time, regardless of whether the claims are related
C.No, the claim does not arise from the same cause of action or events
and thereby Michelle gets to choose whether to bring her claim as a
cross complaint
D.Yes, Michelle did business with Don, so she must bring all claims
now in order to promote swift resolution of all pending cases
QUESTION
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