Exam 1

Sarina goes to Marlin's Department Store to look for clothes. The store happens to be in the process of remodeling, and there is a lot of clutter in the aisle. Sarina trips over the clutter and is injured. Under the Second Restatement, Sarina's status with regard to the store is that of:

business visitor.

A major rule of an administrative agency:

does not become final until Congress has had an opportunity to disapprove it.

Generally, State A may exercise "long-arm" jurisdiction over a defendant located in State B if the defendant:

made a contract in State A.

The Fourth Amendment to the Constitution:

prohibits unreasonable search and seizure.

The doctrine aimed at preventing any branch of government from gaining too much power is:

separation of powers.

In determining whether a state law unduly burdens interstate commerce, the Court considers:

the extent to which the law discriminates against interstate commerce in favor of local concerns.

Which of the following are pleadings?

Complaint, summons, answer, reply.

Which of the following is not a corporate characteristic?

Corporate governance requirements on publicly held corporations have been imposed by federal legislation.

In 1990, Congress enacted the Administrative Dispute Resolution Act to require agencies to use alternative dispute resolution.

False

In the United States, there is a right to a jury trial in any federal civil case at common law, regardless of the amount of money involved.

False

Laws passed by Congress are the supreme law of the land in the United States and take precedence over other sources of law.

False

Only documentary evidence may be admitted at an administrative hearing.

False

Only records specifically exempted by statute from disclosure are inaccessible under the FOIA.

False

Pamela, without authorization, eavesdrops on a conversation between Mark and Elise. Pamela has not committed the tort of intrusion unless she makes the conversation public.

False

Pleadings are the post-judgment requests of the losing party for a higher court to take an appeal of the case.

False

RICO defines a pattern of racketeering as the commission of three or more predicate acts within a five-year period.

False

Res ipsa loquitur makes it easier for the defendant to prevail in a negligence action.

False

The "but for" test is useful when two or more forces, each of which is sufficient to bring about the harm in question, are actively operating.

False

The Bill of Rights applies directly to the states.

False

The Fifth Amendment protects all individuals against unreasonable searches and seizures.

False

The Sixth Amendment protects persons against self-incrimination, double jeopardy, and being charged with a capital offense except by grand jury indictment.

False

The Supreme Court has defined the scope of the Commerce Clause narrowly and, therefore, has restricted the powers of the federal government to regulate business.

False

The federal government's power to tax has no limitations.

False

The purpose of tort law is to punish the wrongdoer.

False

To help sell the product, a book publisher used a well-known commentator's name and her quote on the back book jacket of a new release without the commentator's knowledge or permission. No tort was involved since there was no injury to anyone.

False

Under the Equal Protection Clause, all governmental action that treats two classes of citizens differently will be invalid.

False

Venue has to do with which court has jurisdiction over the subject matter of a lawsuit.

False

Which of the following is not descriptive of the law?

It is always prohibitory.

Chris was driving a car with defective brakes very slowly down Fifth Avenue looking for a parking place. Mindy jumped out into the street five feet in front of his car. Chris could not help but hit her. What is Chris's best defense to the charge of negligence?

Mindy crossed in the middle of the street, which is against the law.

Which of the following is NOT a way in which a case can reach the United States Supreme Court?

Stare decisis.

What term refers to the entire set of activities in which an administrative agency engages?

The administrative process.

A "bench trial" is one in which the decision is made without a jury.

True

A judge deciding a common law case must look for guidance to similar cases previously decided by that court or superior courts.

True

A privilege may result in immunity from tort liability.

True

According to Milton Friedman, the social obligation of a corporation is to return as much money as possible to its shareholders.

True

Brad doesn't like Jordan and especially dislikes Jordan's new felt hat, so he intentionally knocks it off Jordan's head in order to embarrass Jordan. Brad has committed a battery.

True

Congress enacted the Administrative Procedure Act in 1946.

True

For purposes of intentional torts, a person can have the intent to cause harm if the harm is substantially certain to occur even if he or she doesn't desire that such harm occur.

True

Generally, legislative rules must be promulgated in accordance with the procedural requirements of the APA.

True

Jurisdiction is defined as the power or authority of a court to hear and decide a given case.

True

Misdemeanors are less serious crimes punishable by a fine or imprisonment in a local jail.

True

The defendant must testify in a criminal proceeding.

True

Under the Administrative Procedure Act (APA), most legislative rules are issued in accordance with the informal rulemaking procedures.

True

White-collar crime is defined as a nonviolent crime usually involving deceit, corruption, or breach of trust.

True

If the judge denies a defendant's motion for __________, then the defendant has the opportunity to present witnesses. However, if the judge grants the motion, then the defendant automatically wins the case and does not need to present any evidence.

a directed verdict

Janet is called for jury duty and is selected for possible service on a jury. However, when the defendant's attorney sees her, he notices that she is wearing a green dress. Both the defendant and the defendant's attorney hate green dresses, so they strike her name from the jury. This is:

a valid peremptory challenge.

Much of federal, state, and local law in this country has been established by __________, which people label as the "fourth branch of government" because they possess tremendous power.

administrative agencies

The branch of public law that deals with the various regulatory functions and activities of agencies of the government is:

administrative law.

The courts in common law systems have developed a body of law that serves as precedent for determination of later controversies. This is called:

All of these.

Which of the following activities is/are regulated by the federal government through its exercise of the commerce power?

Civil rights in employment.