ACTG 510
Beryl is injured in a car accident. The jury finds her 30% liable and awards $100,000 in damages. The suit takes place in a comparative negligence jurisdiction. How much money will she receive?
$70,000
Breach
A defendant's failure to perform a legal duty
What is an example of a subpoena? (a) A court order to a company to stop polluting the air. (b) A court order requiring a person being deposed to answer questions. (c) A federal agency demands various internal documents from a corporation. (d) The president orders troops called up in the national defense. (e) The president orders Congress to pass a bill on an expedited schedule.
A federal agency demands various internal documents from a corporation.
Mediation
A form of ADR in which the parties themselves craft the settlement
Arbitration
A form of ADR that leads to a binding decision
Which of the following is NOT subject to strict liability?
A hairdryer that falls into a bathtub and shocks someone who was drying her hair while sitting in the water.
Statute
A law passed by Congress or a state legislature
Deposition
A pre-trial procedure involving oral questions answered under oath
TRIPS
A treaty that governs intellectual property
GATT
A treaty that governs trade
Eloise plans to build an addition on her house that she will operate as a bed and breakfast. The town rejects her plans on the grounds that she must first purchase from the town an expensive commercial building permit. Eloise argues that she is just modifying her own residence and that she owned the residence before the commercial permit legislation was passed. She argues she that, therefore, does not need the expensive permit. At the court hearing on her case, the town mayor serves as judge. This is:
A violation of procedural due process requirements.
Lanigan Manufacturing generates a huge amount of hazardous waste each month. Which statement is true concerning the EPA requirements Lanigan faces in relation to this waste?
All of the statements are true concerning the EPA requirements Lanigan faces.
Commerce Clause
Allows Congress to regulate commerce
A landowner owes the highest duty of care to which of the following?
An invitee
Hank and Antonio, drinking in a bar, get into an argument that turns nasty. Hank punches Antonio several times, knocking him down and breaking his nose and collarbone. Which statement is true? (a) Antonio could sue Hank, who might be found guilty. (b) Antonio and the state could start separate criminal cases against Hank. (c) Antonio could sue Hank, and the state could prosecute Hank. (d) The state could prosecute Hank, but only with Antonio's permission. (e) If the state prosecutes Hank, he will be found liable or not liable, depending on the evidence.
Antonio could sue Hank, and the state could prosecute Hank.
Parties are entitled to discover (have produced to them):
Anything that could reasonably lead to valid evidence.
If the government finds that a company has hired illegal workers (that is, individuals who are unauthorized to work in the United States) the government may do which of the following?
Arrest both the employees and the employer.
The number one source of consumer complaints about online fraud is which of the following?
Auctions
Alonzo decides to have a yard sale to sell some of his personal items. At the sale, Alonzo sells Ralph a big screen television for $40. Ralph is very pleased with the deal until an electrical issue in the television causes the television to catch fire two days later. The resulting fire burns Ralph's house to the ground. Ralph sues Alonzo alleging strict liability. Why does Ralph lose his suit?
Because Alonzo is not in the business of selling televisions.
Cheryl is a bank teller. She figures out a way to steal $99.99 per day in cash without getting caught. She takes the money daily for eight months and invests it in a catering business she is starting with Floyd, another teller. When Floyd learns what she is doing, he tries it, but is caught in his first attempt. He and Cheryl are both prosecuted. (a) Both are guilty only of larceny. (b) Both are guilty of larceny and violating RICO. (c) Both are guilty of embezzlement; Cheryl is also guilty of violating RICO. (d) Both are guilty of embezzlement and violating RICO. (e) Both are guilty only of embezzlement.
Both are guilty of embezzlement; Cheryl is also guilty of violating RICO.
Breach (Negligence)
Breached duty of care
Common law is made up of the accumulation of:
Case Law
FloraForum is a website for users to trade tips about gardening equipment, flowers, plants, and garden design. Casper is an active contributor to the FloraForum discussions and is very hurt when he sees that two users have criticized the pictures he has posted of his garden. One fellow user stated she "wouldn't be surprised if he were violating his local homeowner ordinances" with his "revolting hedges." Casper is humiliated and sues FloraForum and the two other users who wrote the posts. What will result?
Casper will not recover against FloraForum or against the two other users.
Judges use precedent to create what kind of law? (a) Common law (b) Statutes (c) National law (d) Local law (e) Empirical law
Common Law
Most government agencies are created by:
Congress
During the course of ten months, Joseph sent more than 60 million unsolicited e-mail advertisements to AOL members. What statute has Joseph potentially violated?
Controlling the Assault of Non-Solicited Pornography and Marketing Act.
The Constitution is considered one of the most important documents ever written, embodying numerous signal achievements. However, the Constitution does not count which of the following among its accomplishments?
Creating the common law.
Laura believes strongly in the teachings of her religion. However, she does not believe that organized religions should go on missions abroad to convert people because she respects that other communities have their own traditions and beliefs that may be as valid as those of her religion, even if she does not share them. Laura's perspective is an example of which of the following?
Cultural moral relativism.
Tortious interference with a contract occurs when a defendant does which of the following?
Deliberately harms a valid contractual relationship between two other parties.
Interference with a contract
Deliberately stealing a client who has a contract with another
A lawyer may question the opposing party or a potential witness in person and under oath in a:
Deposition
The most commonly disputed issue in cases of tortious interference concern which element?
Did the defendant improperly induce a third party to breach its contract with the plaintiff?
Emlen is a famous fitness guru with a popular health food blog. CalorieBar Energy Snacks sends Emlen several boxes of their products and promises to keep sending them to her if she favorably reviews them on her blog. Emlen loves the snacks and is eager to tell her readers about them. What must she do under FTC rules when writing her review?
Disclose her relationship with CalorieBar.
In real trials in civil lawsuits, the lawyers know in advance the answers to most of the questions they ask due to which of the following?
Discovery
Dolly, an architect, lives in Pennsylvania, which is a comparative negligence state. While she is inspecting a construction site for a large building she designed, she is injured when a worker drops a hammer from two stories up. Dolly was not wearing a safety helmet at the time. Dolly sues the construction company. The jury concludes that Dolly has suffered $100,000 in damages. The jury also believes that Dolly was 30 percent liable for the accident, and the construction company was 70 percent liable. Outcome? (a) Dolly wins nothing. (b) Dolly wins $30,000. (c) Dolly wins $50,000. (d) Dolly wins $70,000. (e) Dolly wins $100,000
Dolly wins $70,000.
Negligence
Duty of Care Breach of care Factual Cause Proximate Cause Damages
The biggest change in litigation in the past 10 to 15 years has been an increase in which of the following?
Electronic discovery.
Martin owes Vlad $1,000. He knows that his friend Alexandra is having coffee with Vlad that afternoon, so he gives Alexandra $1,000 and asks her to give it to Vlad when she sees him. Alexandra agrees, and then keeps the money for herself. Alexandra is guilty of which of the following crimes?
Embezzlement.
If a large corporation is sued by a much smaller entity, the corporation may do which of the following, a form of gamesmanship that has (unfortunately) increased in prevalence over the past 10-15 years?
Endeavor to make e-discovery excessively expensive for the plaintiff.
More U.S. law originates from one country than from any other. Which country? (a) France (b) England (c) Germany (d) Spain (e) Canada
England
The primary origin of the American legal system is:
English law.
The following statement is true: (a) The majority of people are honest most of the time. (b) Even people who do not believe in God are more likely to behave honestly after reading the Ten Commandments. (c) Most people are accurate when comparing themselves to others. (d) People make their best ethical decisions instinctively, rather than thinking through a problem
Even people who do not believe in God are more likely to behave honestly after reading the Ten Commandments.
A national educational group, in partnership with K-8 schools, gathers information on every school-aged child in the United States including their name, social security number, address, hobbies, disciplinary records and scores on tests and homework. The organization posts the information in a "big data" site that is accessible only to school administrators. Which of the following decisions, based on information in the database, may be considered discriminatory?
Excluding a student from a gifted program because the database indicates that English is not their first language
A bystander who sees someone in peril must come to that person's assistance, but only if he can do so without endangering himself or others.
F
A store manager who believes a customer has stolen something may question him but not restrain him.
F
An affidavit is the government's formal charge of criminal wrongdoing.
F
Both the government and the victim are entitled to prosecute a crime.
F
Congress established the federal government by passing a series of statutes
F
Immanuel Kant was a noted utilitarian thinker
F
John Rawls believed that everyone should have the same income
F
Modern China has experienced slower economic growth than did England during the Industrial Revolution.
F
One advantage of arbitration is that it provides the parties with greater opportunities for discovery than litigation does
F
Some states are comparative negligence states, but the majority are contributory negligence states.
F
The ICC makes international law.
F
The WTO settles disputes involving individuals, businesses, or countries.
F
The idea that current cases must be decided based on earlier cases is called legal positivism.
F
There are five elements in a negligence case, and a plaintiff wins who proves at least three of them
F
True or False? A defendant who exercised extreme care while engaged in an ultrahazardous activity will not be held liable for any damage that results.
F
True or False? Almost all statutes are created by administrative agencies.
F
True or False? Courts are generally sympathetic to claims made under the Eighth Amendment.
F
True or False? During discovery, each side may request only physical documents from the other.
F
True or False? Hiring a singer to imitate a popular singer's version of a popular song could not constitute commercial exploitation.
F
True or False? It is easy to identify tortious interference
F
True or False? John Stuart Mill believed that the results of a decision are not as important as the reason for making it.
F
True or False? Precedent set in Oregon state courts is binding on all courts in the United States.
F
True or False? The Endangered Species Act prohibits the taking of any animal on the endangered species list created by the Department of the Interior's Fish and Wildlife Services, but does not regulate activities in the species' habitat, because the National Environmental Policy Act regulates these activities.
F
True or False? To date, no state in the U.S. has enacted limits on the amount of non-economic damages that plaintiffs can recover in tort cases.
F
True or False? To win a strict liability claim involving a defective product, the plaintiff must have bought the product directly from the defendant.
F
The following agency is charged with the regulation of electronic communications: (a) National Security Agency (b) Federal Trade Commission (c) Federal Communications Commission (d) Foreign Intelligence Surveillance Court
Federal Communications Commission
Embezzlement
Fraudulently keeping property already in defendant's possession
Strict Liability
High level of liability due to dangerous activities
Marcel is picnicking in a crowded local park. He decides he would be more comfortable naked, so he takes off all his clothes. He can enjoy only a few more bites of his lunch before he is arrested for violating city ordinances about public nudity. Marcel sues. If the court finds that Marcel's actions do not warrant First Amendment protection, it is probably because:
His nudity was not intended to convey a particularized message.
Which of the following believed that the dignity of human beings must be respected and that the most ethical decisions are made out of a sense of obligation? (a) Milton Friedman (b) John Stuart Mill (c) Immanuel Kant (d) John Rawls
Immanuel Kant
Which of the following philosophers is associated with the philosophy know as "deontology"?
Immanuel Kant.
In which case is a plaintiff most likely to sue based on strict liability? (a) Defamation (b) Injury caused on the job (c) Injury caused by a tiger that escapes from a zoo (d) Injury caused partially by the plaintiff and partially by the defendant (e) Injury caused by the defendant's careless driving
Injury caused by a tiger that escapes from a zoo
Which of the following is not protected by the First Amendment? (a) True threats (b) All threats (c) Offensive language (d) Insults
Insults
False imprisonment
Intentionally restraining another person without reasonable cause
Congress passed the Civil Rights Act of 1964, a statute that prohibits employment discrimination based on race, color, religion, sex, or national origin. Congress also established an administrative agency, the Equal Employment Opportunity Commission (EEOC) to enforce this statute. The EEOC created guidelines that define terms such as "race/color discrimination" and "sex discrimination." These guidelines are an example of which of the following?
Interpretive rules because they define statutory language that could be given different meanings.
Which of the following is the proper term for a question that one side in a case submits to the other to answer in writing under oath?
Interrogatory
Invitee
Invitee
Which of the following is a prominent criticism of John Stuart Mill's philosophy?
It is difficult to predict and measure benefit and harm accurately.
Chapter 4 is filled with examples of statutes that have been struck down by the courts. A Texas law banning flag burning was rejected by the Supreme Court, as was a Louisiana death penalty statute. Which of the following refers to the power of the Supreme Court to strike down congressional statutes as unconstitutional?
Judicial review.
Which of the following does a plaintiff NOT have to prove when he alleges that the defendant was engaged in an ultrahazardous activity?
Lack of reasonable care.
Martin owes Vlad $1,000. Because he is seeing Vlad that afternoon, he withdraws $1,000 from the bank and puts it on his kitchen counter so he can give it to Vlad later that day. Martin's houseguest Alexandra sees the money on the counter and takes it for herself. Alexandra is guilty of which of the following crimes?
Larceny
Common Law
Law created by judges
Duty of Care
Legal responsibility
Corporate Social Responsibility (CSR)
Make money, adhere to rules, do what's right, contribute to society
Damages
Measurable Loss
Mona is a famous movie star who has been battling with mental health issues, and several celebrity magazines have published articles about it. During a live interview, a journalist asks, "I'm so glad your doctors let you out of the psychiatric ward to make this film. Did being in a straitjacket help you prepare for this role?" Mona is furious that her psychiatric condition has been mentioned on national television. What is the interviewer's best defense against a claim of public disclosure of private facts?
Mona's condition was well-known.
Compensatory damages
Money awarded to an injured plaintiff
TIER Tort
Must prove valid contract Defendant intentionally interfered Defendant was a third party Interfered through improper means
Kant believed which of the following?
No decision that treats people as commodities can be considered just.
In the 1950s, Illinois enacted legislation requiring trucks to have curved mud flaps. There was no federal law about mud flaps at the time, but the Illinois statute was enacted because state legislators asserted that the curved mud flaps were more effective in preventing accidents than the straight mud flaps. Several trucking companies brought suit, because the Illinois statute conflicted with the laws of other states that required straight mud flaps. Was the Illinois statute constitutional?
No, because it violated the Commerce Clause
Eighteen-year-old Alisha was driving through her neighborhood one afternoon and recognized six-year-old Timmy, a member of the Caldwell family, who lived a block away from her house. Alisha used to babysit for Timmy on weekday afternoons until a few months ago, when she started working at a local grocery store. From her car, Alisha could see Timmy was flailing around in the water next to the dock of Maverick Pond, the neighborhood's favorite fishing spot. Alisha knew that the there was a big drop off there where the water was very deep, well over Timmy's head. Because she was late for work, she decided to keep driving, thinking that Timmy's parents must be close by. She feels terrible later when she discovers that Timmy is hospitalized in critical condition after nearly drowning in the pond. Did Alisha have a legal obligation to come to Timmy's aid?
No, because she wasn't babysitting Timmy that day
On a negligence claim, if the defendant engaged in conduct that was unreasonably dangerous, but his actions harmed a plaintiff in a way that was not foreseeable, can the plaintiff still recover?
No, because the conduct was not the proximate cause of the injury
Lori created a fake social media profile, pretending to be a teenage boy. Through that boy's identity, she bullied 13-year-old Megan, who killed herself shortly after receiving a message from Lori saying, "The world would be a better place without you." The social media site requires all users to agree to its terms of service, which require "truthful and accurate" information. Is the social media site liable for Lori's messages?
No, under the Communications Decency Act (CDA).
Erica owns a waterfront home in South Carolina and is interested to know what information South Carolina has about her property and her tax obligations. May Erica use the Freedom of Information Act (FOIA) to obtain this information?
No. FOIA may not be used to obtain information from state governments.
For which of the following activities can a foreign sovereign be sued? (a) Operating a factory dangerously (b) Issuing a law that discriminates against a certain group (c) Suspending the civil rights of its people (d) None of the above
Operating a factory dangerously
Modified comparative negligence
Plaintiff can recover as long as less than 50% responsible
Comparative negligence
Plaintiff may generally recover even if partially responsible
Contributory negligence
Plaintiff who's is even slightly negligent gets nothing
Valentin successfully sues Craig after Craig tells people information about Valentin that was private and hurtful, but true. Valentin most likely alleged that Craig violated what tort?
Public disclosure of private facts.
Which ethical theory asks us to consider what type of rules for society we would want if we faced a "veil of ignorance"?
Rawlsian Justice.
The FBI suspects Ronald, a citizen and resident of the United States, of conspiring with his cousin in France to sell weapons illegally. What must the FBI do to obtain the emails and text messages exchanged between Ronald and his cousin as part of the investigation?
Receive approval from the Foreign Intelligence Surveillance Court.
Spiro Spammer sends millions of emails a day asking people to donate to his college tuition fund. Oddly enough, many people do. Everything in the emails is accurate (including his 1.9 GPA). Which of the following statements is true? (a) Spiro has violated the CAN-SPAM Act because he has sent unsolicited commercial emails. (b) Spiro has violated the CAN-SPAM Act if he has not offered recipients an opportunity to unsubscribe. (c) Spiro has violated the CAN-SPAM Act because he is asking for money. (d) Spiro has violated the CAN-SPAM Act unless the recipients have granted permission to him to send these emails
Spiro has violated the CAN-SPAM Act unless the recipients have granted permission to him to send these emails.
Which of the following is the term for a ruling from the court that no trial is necessary and that one party is entitled to prevail (win the case) without trial because there is no genuine dispute regarding the any facts that are material (important or significant) in the case, meaning that the judge can decide the case by applying the law to the undisputed facts, without having to have a jury determine who is telling the truth?
Summary judgment.
A company that wishes to include a celebrity's picture in its magazine ads must first obtain the celebrity's permission.
T
A defendant can be liable for negligence even if he never intended to cause harm.
T
A defendant cannot be liable for defamation if the statement, no matter how harmful, is true
T
A misdemeanor is a less serious crime, punishable by less than a year in jail.
T
If we are listening to witnesses testify, we must be in a trial court.
T
In a lawsuit for money damages, both the plaintiff and the defendant are generally entitled to a jury
T
Law is different from morality, but the two are closely linked.
T
The CISG requires parties to negotiate internationally in good faith
T
The government has the right to take a homeowner's property for a public purpose
T
The government may not prohibit a political rally, but it may restrict when and where the demonstrators meet.
T
True or False? A corporation can be found guilty of a crime based on the conduct of anyone acting on its behalf and with its authorization.
T
True or False? Any discharge of a pollutant into navigable water from a point source is illegal without a permit
T
True or False? In determining whether an award of punitive damages is reasonable, one factor a court will consider is the ratio between the harm suffered (e.g., the plaintiff's underlying economic damages) and the amount of the punitive damages award.
T
True or False? RICO is widely regarded as one of the most powerful and controversial criminal statutes ever enacted.
T
True or False? The EPA may set varying water quality standards depending on the purposes for which the water is used.
T
True or False? The Fourth Amendment does not protect privacy claims of employees in the private sector
T
True or False? The fines for discharging waste from a wastewater treatment plant are often lower than the costs of treating the discharge, which has made some cities slow to comply with the permitting requirements
T
True or False? The law expects and allows businesses to compete aggressively.
T
Under strict liability, an injured consumer could potentially recover damages from the product's manufacturer and the retailer who sold the goods.
T
The judge in Palsgraf based his decision on which of the following?
That harm to the plaintiff was not foreseeable.
In Jones v. Clinton, the court granted summary judgment for the defendant on which of the following grounds?
That the plaintiff had failed to present facts sufficient to make out a claim for sexual harassment, even if the jury credited them all.
Which of the following is an element that the plaintiff must prove to prevail on a claim for tortious interference with a contract?
That the plaintiff was injured by the defendant's actions.
What part of the Constitution addresses most basic liberties? (a) Article I (b) Article II (c) Article III (d) The Amendments
The Amendments
Administrative Agency
The IRS, the EPA, the FCC, the SEC
Congress has passed a new bill, but the president does not like the law. What could happen next? (a) The president must sign the bill whether he likes it or not. (b) The president may veto the bill, in which case it is dead. (c) The president may veto the bill, but Congress may attempt to override the veto. (d) The president may ask the citizens to vote directly on the proposed law. (e) The president may discharge the Congress and order new elections.
The President may veto the bill, but Congress may attempt to override the veto.
When Congress passes a statute, who has the authority to declare the statute unconstitutional?
The Supreme Court.
ICJ
The World Court
Which of the following concepts is not associated with Rawlsian Justice (i.e., John Rawls' moral and ethical philosophy)?
The categorical imperative.
Andre is in 11th grade at his local public high school. He wants to take the school's ballet class as one of his required electives, but the school allows only girls to enroll in the class. Andre sues under the 14th Amendment. How will a court determine the result?
The court will apply intermediate scrutiny, and the school will have to demonstrate that the rule is substantially related to an important government interest.
Factual Cause
The defendants conduct caused the injury
Proximate Cause
The defendants conduct could have seen this type of injury
The most common criminal punishment for a corporation is a fine. However, a major criticism of this practice is which of the following?
The fines are too small to meaningfully impact the corporation's behavior.
The crime of embezzlement is best described as which of the following?
The fraudulent conversion of property already in the defendant's possession.
Utilitarian thinkers believe which of the following?
The morally correct action is the one that produces the greatest good for the greatest number.
The documents that begin a lawsuit are called:
The pleadings
Judicial review
The power of federal courts to examine the constitutionality of statutes and acts of government
Congress has passed a new securities law. If the president disagrees with this statute, what is his/her best course of action?
The president can veto the bill
Which of the following is not a right guaranteed by the First Amendment to the U.S. Constitution?
The right to a speedy trial.
Stare decisis
The rule that requires lower courts to decide cases based on precedent
United States Constitution
The supreme law of the land
Larceny
The trespassory taking of personal property
Juan purchased an abandoned lot. When he started to develop the land, he discovered several underground storage tanks containing hazardous waste buried on the site. He claims the seller, Richards, is liable to him for the cost of removing the tanks. Richards claims he owned the lot for 20 years and never knew about the underground tanks. Richards argues he purchased the land from Thomas and that Thomas (or his heirs) is liable for the cost of removing the underground tanks. Does Thomas (or his heirs) have any liability to Juan or Richards?
Thomas is liable if he is still alive. Thomas' heirs are liable only if they have ever owned the land.
The primary motivation for most arsons is which of the following?
To attempt to recover on insurance policies to help with financial difficulties.
Municipalities must obtain a permit for discharge from a wastewater treatment plan, which the EPA will only grant if the municipality does which of the following?
Treats the waste to reduce its toxicity
The president negotiates a defense agreement with a foreign government. To take effect, the agreement must be ratified by which of the following? (a) Two-thirds of the House of Representatives (b) Two-thirds of the Senate (c) The Supreme Court (d) A and B (e) A, B, and C
Two-thirds of the Senate
The tort of commercial exploitation imposes liability on a business for doing which of the following?
Using another person's likeness or voice for business purposes, without their consent.
Money laundering
Using the proceeds of criminal acts to promote crime
Commercial exploitation
Violation of the exclusive right to use one's own name, likeness, or voice
Austria, Indonesia, and Colombia are all members of the WTO. If Austria imposes a tariff on imports of coffee beans from Colombia, but not from Indonesia, is it in violation of WTO principles? (a) Yes, the WTO prohibits tariffs. (b) Yes, the WTO prohibits excise taxes. (c) Yes, Austria is violating the WTO's most favored nation rules. (d) No, the WTO's most favored nation rules permit Austria to do this.
Yes, Austria is violating the WTO's most favored nation rules
Chikita, Inc. provided online tracking tools on websites. Consumers who did not want to be tracked could click the "opt-out" button that appeared on the corner of websites using Chikita's tools. Chikita would not track these consumers, but only for 10 days. After that, the software would resume tracking, and the "opt-out" button would not appear. Is there a problem with Chikita's system?
Yes, because it allows consumers to opt-out for only 10 days.
David paid $975,000 for two beachfront lots in coastal South Carolina, with the intention of building residential homes on each. Two years later, the South Carolina legislature passed the Beachfront Management Act, barring any further development of the coast, including David's lots. When David files a complaint to seek compensation for his property, South Carolina refuses, pointing to a passage in David's own complaint that states "the Beachfront Management Act [was] properly and validly designed to preserve... South Carolina's beaches..." Is South Carolina required to compensate David under the Takings Clause?
Yes, because the Beachfront Management Act renders David's property economically valueless.
The EPA issued new Clean Air Act (CAA) regulations applying stricter limits on the emissions from stationary deep drills, which are essential to "fracking" (the process of drilling into shale below the surface of the ground to release and capture natural gas). Two years later, the EPA issues an implementation plan for Pennsylvania, which has a booming fracking industry important to the state's economy. At the time the implementation plan is issued, Fred's Fracking is not in compliance. Must Fred's Fracking take steps to comply with the Pennsylvania implementation plan issued by the EPA?
Yes, because the EPA's issuance of an implementation plan for Pennsylvania indicates that Pennsylvania itself had failed to produce an acceptable state implementation plan
DMI, Inc. is building a new high-rise condo tower on property near the waterfront. To make the condos more attractive to buyers, DMI is including an underground parking garage. During construction, DMI encounters problems with water accumulation in the lower levels of the parking garage. To solve the problem, DMI purchases the neighboring property between the building and the nearby open water and fills the land in with fill to absorb more water. Has DMI violated the Clean Water Act (CWA)?
Yes, if the neighboring property is wetland, and DMI did not obtain an EPA permit.
A federal court has the power to hear: (a) any case. (b) any case between citizens of different states. (c) any criminal case. (d) appeals of any cases from lower courts. (e) any lawsuit based on a federal statute.
any lawsuit based on a federal statute
Henry asks his girlfriend, Alina, to drive his car to the repair shop. She drives his car, all right—to Las Vegas, where she hits the slots. Alina has committed: (a) fraud. (b) embezzlement. (c) larceny. (d) a RICO violation.
embezzlement
The doctrine of precedent is beneficial because it:
ensures predictability in the court system.
The goals of the Clean Water Act:
have not been met
WingIt is a major distributer of birdseed. With promises of higher salaries and bonuses, the company lures two top executives from Starling, Inc., a much smaller competitor. Starling sues. WingIt should advance which of the following arguments? (I.e., which of the following arguments stands the best chance of allowing WingIt to escape liability?)
he employees did not have contracts with Starling.
Marsha, a supervisor, furiously berates Ted in front of 14 other employees, calling him "a loser, an incompetent, a failure as an employee and as a person." She hands around copies of Ted's work and mocks his efforts for 20 minutes. If Ted sues Marsha, his best claim will be: (a) assault. (b) battery. (c) intentional infliction of emotional distress. (d) negligence. (e) interference with a contract.
intentional infliction of emotional distress
Colorado passes a hotel tax of 8 percent for Colorado residents and 15 percent for out-of-state visitors. The new law: (a) is valid, based on the Supremacy Clause. (b) is void, based on the Supremacy Clause. (c) is valid, based on the Commerce Clause. (d) is void, based on the Commerce Clause. (e) is void, based on the Takings Clause.
is void, based on the Commerce Clause
Under the consumer expectation test, the court will find a product manufacturer liable for defective design if:
it is less safe than a reasonable consumer would expect
A valid defense in a defamation suit is: (a) falsity. (b) honest error. (c) improbability. (d) opinion. (e) third-party reliance
opinion
In a civil lawsuit, the: (a) defendant is presumed innocent until proven guilty. (b) defendant is presumed guilty until proven innocent. (c) plaintiff must prove her case by a preponderance of the evidence. (d) plaintiff must prove her case beyond a reasonable doubt. (e) defendant must establish his defenses to the satisfaction of the court.
plaintiff must prove her case by a preponderance of the evidence
Shareholder model
requires business decisions that maximize the owners' return on investment
Utilitarianism
requires doing "the greatest good for the greatest number"
Milton Friedman was a strong believer in the _______________ model. He _______________ argue that a corporate leader's sole obligation is to make money for the company's owners. (a) shareholder; did (b) shareholder; did not (c) stakeholder; did (d) stakeholder; did not
shareholder; did
The police are not required to obtain a warrant before conducting a search if: (a) a reliable informant has told them they will find evidence of a crime in a particular location. (b) someone called 911 to report a house fire, but there are no signs of fire when they arrive. (c) they see someone on the street who could possibly have committed a criminal act. (d) someone living on the property has consented to the search.
someone living on the property has consented to the search
Which of the following is a prominent criticism of moral relativism?
t can be used to condone bad behavior.
Miles thinks recycling is a burden. He almost tosses his empty soda can in the trash, but instead drops it in the recycling bin, thinking, "If EVERYONE stopped recycling it would be terrible for the planet!" This type of reasoning demonstrates:
the categorical imperative.
Jurisdiction refers to: (a) the jury's decision. (b) the judge's instructions to the jury. (c) pre-trial questions posed by one attorney to the opposing party. (d) the power of a court to hear a particular case. (e) a decision by an appellate court to send the case back to the trial court.
the power of a court to hear a particular case
When a judge refers to the doctrine of precedent, he is referring to:
the principle that decisions in current cases should be based on previous rulings.
. John Rawls
thought that society should try to make up for people's different life prospects
Tort
violation of a duty imposed by civil law
To establish a cause of action based on strict liability in tort for personal injuries resulting from using a defective product, one of the elements that the plaintiff must prove is that the seller (defendant): (a) failed to exercise due care. (b) was in privity of contract with the plaintiff. (c) defectively designed the product. (d) was engaged in the business of selling the product.
was engaged in the business of selling the product
Punitive damages
) Money awarded to punish the wrongdoer
