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statutes enacted by state legislatures
BY WRITING YOUR NAME ON THIS TEST AND TURNING IT IN, YOU ARE SWEARING OR AFFIRMING THAT YOU DID NOT GIVE TO, NOR RECEIVE FROM, ANY ASSISTANCE TO OR FROM ANY OTHER STUDENT IN YOUR CLASS OR ANY FORMER STUDENT OF THIS CLASS IN ANSWERING THE QUESTIONS HEREIN. YOU UNDERSTAND THAT ANY SUCH CONDUCT IS CONSIDERED BY YOUR INSTRUCTOR TO BE A VIOLATION OF THE ACADEMIC INTEGRITY PROVISIONS OF THE CURRENT TEXAS WESLEYAN STUDENT HANDBOOK AND/OR THE CURRENT TEXAS WESLEYAN CATALOG.
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BUA 3311 Name:________________________
Professor Brandon W. Weaver
Fall 2020 Evening Course
Total 100 points
Multiple Choice (4 pts each)
Circle the letter of the best answer among those provided.
1. Which of the following is an exception to false imprisonment?
a. The shopkeeper’s privilege.
b. The intoxicated guest privilege.
c. The door-to-door selling privilege.
d. All of the above.
2. Sources of American law include:
a. state constitutions.
b. statutes enacted by state legislatures.
c. court decisions.
d. all of the above.
3. Statutory law is created by:
b. state legislatures.
d. A and B
4. Which of these is not a source of American law?
c. court decisions
d. declarations by the Pope
5. Major federal administrative agencies:
a. Combine legislative, judicial, and executive powers.
b. Can never exercise legislative power.
c. Can exercise legislative power but only if allowed to exercise judicial powers as well.
d. Can never exercise all three powers together.
6. Which of these is not a strict liability tort?
a. Products liability.
b. Caveat superior (employers liability for actions of employees).
d. Liability from wild animals.
7. Which of these is not a tool used in the discovery process?
b. Request for Imposition.
c. Request for Production.
8. The process of determining who will be the jurors in a Texas civil case is called:
a. Pro hoc Vice.
b. Pro se.
c. Voir dire.
d. Selecto juroro.
9. Generally speaking, the next step in a Texas civil trial after opening statements is:
a. closing statements by the lawyers.
b. presentation of evidence.
c. pretrial motions are heard.
d. None of the above.
10. Depositions are generally conducted:
a. In front of the judge.
b. At one of the lawyers’ offices.
c. After conclusion of the trial.
d. None of the above.
Short answer. Answer in the space provided. Use the back if needed; however, please clearly denote for which question you are continuing your answer. Remember, I cannot give you partial credit if you leave a question blank.
11. In your OWN words, describe what negligence is. (12 pts)
12. Everyone in your class is subject to the laws of two sovereignties (i.e., governments). Name them. (6 pts)
13. List the four Miranda rights and the fifth that is required under Texas law. (5 pts)
14. Frank is arrested on the street corner when a police officer sees him smoking marijuana. He is cuffed, put in the squad car, and taken to the station. He is placed in a detention cell alone. At what point during the time period described above, if any, should the police officer have read Felix his Miranda rights, and why? (10 pts)
15. What is the most widely used tort? Put another way, which tort is sued for the most? (10 pts)
16. Explain how what mediation is, how it generally, works, and whether it tends to be successful. (10 pts)
17. What is the name of your instructor’s law firm? Hint: See last page. (7 pts)
Make sure you put your name on your exam. Thank you all for your participation during class and your enthusiasm. I hope you enjoyed the class as much as I enjoyed teaching it. I wish you all the best of luck in your remaining schooling, and in whatever endeavors you choose to engage. Go do great things!
YOU PRINT THIS PAGE IF YOU LIKE. YOU DON’T HAVE TO!
As an added benefit of being a former student of mine, you have FREE access to legal advice. Brandon W. Weaver email@example.com (817) 571-3000. Allen & Weaver, PC. Or, I can be found on Facebook. I’m happy to talk to you anytime about legal questions you or your family may have. I may or may not be able to help, but feel free to contact me and I will do my best, or help you find a lawyer that can. Also, this does not create an attorney client relationship between me and you!