Chapters (1-8) Check Understanding

A product is unreasonably dangerous to consumers when it meets which of the following conditions?

- A less dangerous alternative was available but was not used by the manufacturer. - It is inherently dangerous but is even more dangerous than an ordinary consumer would expect. - The manufacturer failed to adequately warn the consumer about the dangers of the product.

The role of a mediator is?

Assist parties in a dispute in resolving their differences out of court

When a party wishes to excuse a potential juror without giving a reason, the party may exercise a?

Peremptory Challenge

What is the process of interviewing prospective jurors and either approving of or challenging a person's impartiality toward service on a particular jury?

Voir Dire

The federal and most state judicial branches have at least these three levels in the court system?

-Trial Court -Intermediate appellate court -Highest appellate court

Which of the following is the provision of the U.S. Constitution that establishes federal law precedence over state law?

The Supremacy Clause

If an anonymous online user commits defamation against an individual or business, may that individual or business compel the Internet Service Provider to reveal the identity of the user?

Yes, if ordered to do so by a court.

Which of the following statements are applicable to the doctrine of stare decisis?

- A lower court must follow the precedent of a decision made by a higher court in the same jurisdiction. - Stare decisis is a principle that arose out of the common law.

Which of the following is a correct statement of federal preemption of state law under the Supremacy Clause?

- A state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field. - A state law that requires documentation of citizenship is preempted by the National Voter Registration Act because the act only requires a statement under oath.

The judicial branch may limit an administrative agency's actions by which of the following?

- Judicial review of the agency's orders on appeal - Judicial review of the agency's regulations

What must a prosecutor prove when the law requires mens rea?

Intent

What is the medium level of scrutiny, sometimes called heightened scrutiny, that a court will use when deciding a case that involves a quasi-suspect class?

Intermediate Scrutiny

Jan claims she was under the influence of drugs and has no recollection of committing a crime. This defense is known as:

Intoxication

Does the First Amendment protect defamatory speech online, provided it is anonymous?

No, because defamatory speech is unlawful.

Which of the following is the supreme law of the land?

US Constitution

A business landowner has a duty to reasonably maintain his or her property for safety. When the business invites guests or customers onto its premises, it has a duty to:

Warn invitees of and reasonably protect them from a foreseeable risk of harm or danger from something on the premises.

If a user of a social media app, publicly posts content incriminating themselves, may police use that as evidence against the individual?

Yes, because there was no reasonable expectation of privacy in the post.

Civil Law?

Regulates the rights and duties between parties.

Which of the following statements explains the formation and purpose of a federal administrative agency?

- An administrative agency is formed by enabling legislation that also provides the authority to establish regulations that will implement and enforce the law. - Most federal administrative agencies are subject to the authority of the president, but some are independent.

Under the federal Computer Fraud and Abuse Act (CFAA), a person may be subject to what type of penalties for crimes such as unauthorized hacking of, theft of information from, or intentional damage to a computer?

- Fines, imprisonment, and restitution.

In contrast to federal courts, state courts have what kind of jurisdiction?

Broad

Which of the following requires a plaintiff to prove malice?

Injurious Flasehood

When a document called that is filed with the court to state the position of the plaintiff or the defendant in a lawsuit and ask for relief from the court?

Pleading

What is the term for the defense that a product was manufactured in compliance with all safety and health standards required at that time and used current technical or scientific knowledge?

State-of-the-art Defense

Which of the following describes a product with a defective condition?

The product is not reasonably fit for its ordinary and intended use.

The CAN-SPAM Act regulates unsolicited commercial emails by?

- Requiring opt-out systems - Prohibits deceptive email headings

Employers have the right to monitor emails by their employees when?

- The employer has provided the computer on which the emails are sent. - The company has provided the email server on which the email was sent.

Which of the following are sources of administrative law?

Agency opinions, executive orders, and agency regulations.

Steps for creating a statutory law include filing a bill in the legislature, debating and voting on the bill in committees and in the legislative assembly, and ultimately:

Becoming an act when signed by the president or state governor, or if vetoed, when the veto is overridden.

What is the system of government called in which states form a union and share sovereign power with the central government of the union?

Federalism

Which branch of government has the authority to enact law?

Legislative Branch

Which of the following provides notification to a criminal defendant in custody of the right to an attorney?

Miranda Warning

Which theory of Jurisprudence holds that the written law of a government is the highest law?

Positivism

A company issues a laptop computer to an employee for use at the business location only. The employee takes the laptop home to use for his or her own purposes and reports it as lost. This is an example of:

Embezzlement

The Administrative Procedure Act (APA) is the federal law that does which of the following?

The APA sets out the rule-making process for administrative agencies.

How might a plaintiff's case be impacted if she can show that a defendant committed a tort in which the defendant exhibited bad faith?

The plaintiff may be entitled to punitive damages or additional damages.

Online activities and content may be legally regulated through the following laws or mechanisms?

- Tort Law - The First Amendment to the Constitution

Under which of the following could an online user reasonably expect to maintain privacy protections under the Fourth Amendment?

- When the user posted to a private online journal which did not allow for sharing or followers - When the user is entering in their credit card information to an online store

What does the reasonable person standard impose on a person in a negligence lawsuit?

A duty to act as a reasonable person would in the same circumstances.

What are the three steps of a civil trial?

- Opening arguments - Closing arguments - Presentation of testimony - Evidence

What is true of corporate political speech?

- Political donations are protected by the First Amendment as types of corporate political speech. - Corporate political speech is protected by the First Amendment.

A restriction on commercial speech will be valid if it meets three criteria. What are they?

- It must directly advance a government interest - It must not be overly restrictive to meet its objectives - It much seek to implement a substantial government interest

How does the punishment for a misdemeanor differ from the punishment for a felony?

- Misdemeanor fines are lower and imprisonment is usually limited to less than one year in jail.

What type of speech does not receive First Amendment protections?

- Obscenity - Speech that incites lawlessness - Threats to the president of the United States

In a negligence action, a plaintiff may seek an award for compensatory damages as a result of which of the following?

- Actual missed days at work - Medical Bills - The loss of a spouse's companionship

Which of the following are the two primary types of damages available for an intentional tort?

- Compensatory damages - Punitive damages

White-collar crime, which is usually committed by corporate or government officials, typically involves crimes committed for financial gain, such as:

- Embezzlement - Mail and Wire Fraud

What are the three levels of scrutiny used by courts to determine the constitutionality of a government action?

- Intermediate Scrutiny - Rational Basis Review - Strict Scrutiny

When an agency needs to enforce the law or its regulations, it may exercise which of the following powers?

- Investigate complaints and possible violations of its regulations or the law - Conduct a hearing to obtain a final order - Issue a subpoena

A party may challenge a potential juror for cause if the party believes the potential juror?

- Is a friend or relative of one of the parties - Had prior knowledge of the facts of the lawsuit - Is biased

Which of the following statements correctly reflects the role of a federal administrative law judge (ALJ)?

An (ALJ) presides over an administrative hearing and issues an order that, when final, may be reviewed by a court.

When the parties in a dispute present their arguments and evidence to a neutral third party who then renders a decision, it is called?

Arbitration

What is the prosecutor's burden of proof in a criminal case?

Beyond a reasonable doubt

Which of the following types of law originated from early English history in an effort to provide a body of law that applied to the entire English realm?

Common Law

Internet Service Providers (ISPs) are not liable for the content posted by someone on a neutral forum under the?

Communications Decency Act of 1996

What is the business tort that happens when a person causes economic losses to a business by intentionally publishing false statements about the products or property of the business?

Disparagement

Which of the following laws regulate wiretapping on a federal level?

Electronic Communications Privacy Act

A person may be subject to which of the following penalties for crimes committed under the Racketeer Influenced and Corrupt Organizations Act (RICO Act)?

Fines, imprisonment, and forfeiture of property.

The US constitution impacts state sovereignty by regarding states to honor the public acts of another state through?

Full Faith and Credit

Through which proceeding do prosecutors obtain an indictment?

Grand Jury

If the U.S. Supreme Court determines that a state or federal law violates the U.S. Constitution, it may:

Invalidate the law

Which branch of government creates statutory laws?

Legislative Branch

An employee who violates a company's social media policy by public posting negative comments about the company:

May be fired

The argument that a law should not be followed because it violates the inherit rights of human beings follows which theory of jurisprudence?

Natural Law

Court orders may?

Prohibit a party from doing something or compel a party to do something.

What is the lowest level of review by a court to determine whether a government action unconstitutionally infringes on protected rights?

Rational Basis Review

After all pledging are filed and discovery is completed a party may ask the judge to rule in their favor on the basis that there are no genuinely disputed facts and the judge need only rule on the law. The motion asks the court for a?

Summary Judgement

Legal realists would claim?

That it does not matter what the law says, but who enforces it.

Which of the following is a true statement of the powers of a branch of the federal government?

The power to enact laws is vested in the legislative branch.

Who is authorized to enter into treaties under the constitution?

The president