Peter filed a suit against St. Paul Church. Before trial the church offered Peter $10,000 to settle the claim outside of court. Peter accepted the...

31. Peter filed a suit against St. Paul Church. Before trial the church offered Peter $10,000 to settle the claim outside of court. Peter accepted the money. Peter and the church agreed that the trial should take place even though neither would consider the results binding. Peter wants to find out if he would have won and how much damages the jury would come up with. The church wants the court to define the limits of charitable immunity. What should the court do under these circumstances?

a. Dismiss the case as being moot because the parties settled.

b. Issue an advisory opinion to set a precedent on the doctrine of charitable immunity.

c. Rule on charitable immunity since it is a case or controversy and the parties have standing.

d. Grant a J.N.O.V. because the case is ripe.

32. On June 10, 1993, Fireman Bubba ran into Ruby's burning house and found her lying in a hallway, overcome by smoke. He picked her up and carried her out to safety. Unfortunately, in his haste Bubba was not careful. Ruby's ankle struck a doorway and was broken in several places. This required extensive surgery, so that Ruby was in the hospital for several weeks. On July 1, 1993, Fireman Bubba went to visit her in the hospital. While he was talking to her, he accidentally bumped the intravenous needle in her hand, causing her hand to bleed. Infection subsequently developed. The statute of limitations for acts of negligence is two years. On June 18, 1995, Ruby files suit against both the city fire department, for injury to her ankle, and Fireman Bubba, for injury to her ankle and for causing the infection in her hand. Which of the following statements is false? a. The sovereign immunity defense would likely relieve the city of liability for Ruby's broken ankle since the provision of fire protection is governmental in nature.

b. Unless there is some sort of savings clause, Ruby's suit against the city for her broken ankle is barred because the statute of limitations has already run.

c. The doctrine of immunity for government officials, as well as the statute of limitations, would likely bar Ruby's suit against Bubba for her broken ankle.

d. The doctrine of immunity for government officials, as well as the statute of limitations, would likely bar Ruby's suit against Bubba for causing the infection in her hand.

33.On February 1, 1999, John Smith bought a car for $10,000. He paid $1,000 down and signed a promissory note for $9,000, due in three years. Assume that the note was never paid and that the applicable statue of limitation is five years. The plaintiff could wait until what date to bring a civil suit for nonpayment of the note?

a. February 1, 2002

b. February 1, 2004

c. February 1, 2007

d. February 1, 2009

34. The requirement that a litigant bringing a court action must have a legally sufficient personal interest in the dispute in order to bring the complaint is known as

a. ripeness.

b. standing.

c. case or controversy.

d. mootness. 

35.Damages that are designed to punish the wrongdoer are called:

a. Punitive Damages.

b. Exemplary Damages

c. Detrimental Damages

d. None of the above.

e. Two of the above.

36. Liquidated damages provisions can be enforced when which of the following factor(s) are present:

a. Damages are uncertain.

b. Damages are easy to ascertain.

c. The amount agreed upon is used as a penalty clause.

d. None of the above.

37. Which of the following would be defenses to a suit for specific performance?

a. The goods or products sought by the Plaintiff are readily available.

b. Laches.

c. Hardship.

d. Unclean hands

e. All of the above

38.In an action where there is no substantial loss or injury to the plaintiff but the law recognizes an invasion of his rights or a breach of the defendant's duty to the plaintiff, the court will

a. award compensatory damages.

b. award liquidated damages.

c. enter a judgment for the defendant.

d. two of the above

e. None of the above

39. A lives next door to B and plays loud music all night so that B gets little sleep. After repeated requests to A to lower the volume, B sues A, asking for an injunction. The final decision of the court is in favor of B. What kind of injunction would the court issue in its final decision?

a. Prohibitory b. Mandatory c. Preliminary d. Temporary e. None of the above

40.Archie Sparrow, a cowboy experienced in training horses, met a rancher and fellow rodeo rider, Chip Morris, at a rodeo in Florida. After comparing notes on various rodeos, Morris offered Sparrow a job for sixteen weeks working on Morris's ranch in Arkansas. Sparrow accepted, and as compensation, Morris agreed to give Sparrow $400 and a brown horse named Kerro. When Sparrow first came to Morris's ranch, Kerro was practically unbroken. However, Sparrow worked with the horse during his spare time, and by the time sixteen weeks were up, Kerro was well on his way to becoming a first-class riding horse. Morris returned at the end of the sixteen weeks and gave Sparrow a check for $400, but refused to deliver the horse. Sparrow wants the horse. What remedy will he be seeking in court?

a. Injunctive relief

b.Recission

c. Restitution

d.Reformation

e. Specific performance