LAW 231 CH 1, 2, 3, 4, & 17 Quiz

Which of the following are potential advantages of alternative dispute resolution? 1) Possible to preserve the business relationship 2) Expertise for complex industry - specific disputes 3) Held in private with no public record required 4) Cost effective

1, 2, 3, 4

Which of the following are potential advantages of alternative dispute resolution? 1) Reduced costs 2) Less time consuming 3) Held in a public forum 4) Preserving business relationships

1, 2, 4

Which of the following are not potential advantages of alternative dispute resolution? 1) Reduced costs 2) Expertise 3) Less time consuming 4) Held in public forum

4 only

Which of the following grants a court specific authorization or jurisdiction over an out-of-state defendant due to the defendant's conduct or other circumstances?

State long-arm statute

Which of the following is the most common form of commercial speech?

Advertising of product or service

New York City has passed a law banning cigarette and cigar smoking in public bars and restaurants. This would be defined as

An ordinance

Under the American legal system, subject to some exceptions, costs of litigation regarding both the plaintiff and the defendant

Are paid for by each side, with the plaintiff and the defendant paying for their own legal costs

An administrative law judge is typically an _________________ who is employed by the agency to adjudicate disputes

Attorney

For which of the following is a license issued by a federal, rather than state, agency?

Broadcast frequencies

Congress authorizes the National Highway Safety administration to regulate any trucking company engaged in interstate commercial activities which enumerated power is congress exercising?

Commerce Power

Marlowe is a customer at General Store. He is injured while attempting to lift a heavy lawn ornament off a display shelf at the store. Marlowe sues General Store, claiming that the ornament was not sufficiently secured. If Marlowe wishes to obtain an oral statement from a witness who was at the scene of the incident, what is the appropriate method of discovery?

Depositions

Depositions take place during the ___________ stage of litigation

Discovery

Which of the following describes the different types of federal court jurisdiction?

Diversity of citizenship (including the $75,000 requirement) and Federal question

Each act of federal legislation or regulation must come from within one of the very specific ____________ powers in the constitution

Enumerated

Specific powers granted to the three branches of government in the constitution are known as _____ powers

Enumerated

Fundamentally, state trial courts rule on certain points of state law and render a decision. That decision is binding on the parties, and on everyone else

FALSE

If state law directly conflicts with a federal law to the point that the two laws cannot coexist, the supremacy clause of the constitution authorizes the states law's preemption of the federal law.

FALSE

In rem jurisdiction occurs when a court uses its quasi in rem jurisdiction to compel a litigant to appear in court by attaching property that belongs to the litigant

FALSE

State courts cannot have concurrent jurisdiction with federal courts

FALSE

Statutory law is the foundation for all other law in the United States and is the supreme law of the land

FALSE

The state trial court in Nevada issued a decision in which a party was found guilty of fraud. Should a case arise in the future with the same basic fact situation, Nevada courts will be bound by the precedent to follow the reasoning and decision of the prior decision

FALSE

When a remedy at law (ie money damages) is fully sufficient to bring justice, equitable remedies are permitted

FALSE

Wilma hires Fred, a contractor, to paint her house. When Fred finishes, Wilma refuses to pay him and states that the quality of the job done is not satisfactory. If Fred sues Wilma for breach of contract in a trial court, Fred would be the defendant

FALSE

Courts are highly critical of agency decisions involving how and when an agency enforces a regulation

FASLE

Proposed agency rules are published in the ______________

Federal Register

Which of the following sources of law has a higher priority than the others in the hierarchy of primary sources of federal and state law

Federal administrative law

Which of the following best represents the progression of preemption, from the highest level to lowest level of sources of law?

Federal administrative law, federal common law, state statutory law

Match the source of federal power for specific laws passed by congress Preemption

Federal automobile safety regulation

Match the source of federal power for specific laws passed by congress Judicial Review

Federal law invalidated as unconstitutional

Match the source of federal power for specific laws passed by congress Tax and spend power

Federal law with conditions on highway funds

The constitutional right of free speech is found in which of the following amendments?

First amendment

Law serves an an important catalyst for commerce by

Giving some degree of reliability in business planning

In which of the following circumstances is a court likely to have personal jurisdiction over an out-of-state defendant?

If the parties agree to litigate in a specific court

Which of the following is true of subject matter jurisdiction on the basis of diversity of citizenship?

In a diversity of citizenship case, a federal court will apply state law

Attorneys who are part of the executive or midlevel management team of large companies are known as

In-house counsel

Marlowe is a customer at General Store. He is injured while attempting to lift a heavy lawn ornament off a display shelf at the store. Marlowe sues General Store, claiming that the ornament was not sufficiently secured. If Marlowe wishes to obtain written answers to questions from General Stores manager about the condition of the display case, what is the appropriate method of discovery?

Interrogatories

Which of the following is not an enumerated power of congress?

Judicial review

_____________ is the notion that federal courts have the right to invalidate state or federal laws that are inconsistent with the US constitution in some way

Judicial review

Match the source of federal power for specific laws passed by congress Commerce Power

Law banning racial discrimination at hotels

A state family court that hears only divorce and child-related matters would be said to have ________ jurisdiction?

Limited

Two parties agree to hire neutral third party who is trained to negotiate a resolution to the dispute, but no decision is rendered by the neutral party. This form of ADR is _________

Mediation

Which of the following is not a part of the Central Hudson Gas test?

The restriction does not include political speech by the corporation

The complaint and summons and answer are filed during the _______ stage of litigation

Pleadings

The power granted by the supremacy clause to override a state law is called

Preemption

What step comes directly prior to public comment in the rulemaking process?

Proposed rule publication

Which of the following is not a major source of administrative law?

Public opinion

Congress passes a law that limits late fees on credit cards. Big Bank challenges the law as an unconstitutional exercise of federal power. In determining the constitutionality of the law, which standard of review will the court apply?

Rational basis

Congress passes a law that requires all licensed stockbrokers to pay into a client security fund that is made available for consumers who were victims of broker fraud. Several stockbrokers challenge the law as an unconstitutional exercise fo federal power. In determining the constitutionality of the law, which standard of review will the court apply?

Rational basis

Assume that the state of Georgia raised the fee for registration of motor vehicles to $5 per year. If challenged, the new statute would be reviewed using

Rational basis scrutiny

In the Dread Pirate Roberts case, US Ulbricht, 31 F. Supp. 3D 54D (S.D. N.Y. 2014), one of the issues that the court addressed was whether Bitcoin is currency for purposes of the money laundering statutes. In this case, the court

Ruled that someone can violate the money laundering statute by using Bitcoin

Administrative agencies exercise their policymaking function through ___________

Rulemaking

Which of the following is an example of equitable relief?

Specific performance

To have ______ to file a lawsuit, the party must have suffered an actual injury in fact

Standing

Which constitutional clause allows congress to preempt state laws if necessary?

Supremacy clause

A business that is subject to an agency's jurisdiction is required to turn over documents relevant to determining compliance with a particular rule

TRUE

Civil laws are designed to compensate parties (including businesses) for losses as a result of another conduct

TRUE

Criminal laws are a protection of society, and the violation of criminal laws results in penalties to the violator such as fines or imprisonment

TRUE

Decisions of trial courts are reviewed by appellate courts

TRUE

The powers of an administrative agency to carry out the enabling statute are exercised through rulemaking, enforcement, licensing, and adjudication

TRUE

Venue is a determination of the most appropriate court location for litigating a dispute?

TRUE

Under the Federal Arbitration Act (FAA), a court may set aside the award of an arbitrator if _____________

The arbitrator exceeded his or her explicit powers

Under the Federal Arbitration Act (FAA), which of the following is not a valid reason for a court to set aside a private arbitration award?

The arbitrator was chosen through the American Arbitration Association

The _______ is the principle that similar cases with similar facts and issues should have the same judicial outcome

The doctrine of stare decisis

In Gonzalez v Raich, patients who were prescribed medical marijuana sought to prevent enforcement of the federal controlled substances act (CSA) in medical marijuana cases. They claimed enforcement violated the commerce clause because the medical marijuana was cultivated dn possessed within state borders and did not enter the stream of commerce. The US supreme court decided

The government had a rational basis for believing that locally cultivated marijuana would end up in interstate commerce

The state of Missouri has just passed a law that prohibits men over age 21 from purchasing alcohol. The law does not apply to women over the age of 21. Several men are challenging the constitutionality of the law as a violation of the equal protection clause. What standard of review will the court apply in reviewing the constitutionality of the statute?

The intermediate scrutiny test

In the Bad Frog Brewery case, the government should have suggested an alternative to a complete ban on the use of the proposed beer label, such as allowing use in liquor store but prohibiting the use in a grocery store. This would address which part of the Central Hudson test?

The restriction is not too broad to achieve the government's interest ("narrow tailoring")

The power of preemption is derived from

The supremacy clause

Which of the following is the primary purpose of state long-arm statutes?

To authorize personal jurisdiction over nonresident defendants

A discretionary order issued by the supreme court and other federal courts granting a request to argue an appeal is called a

Writ of Certiorari

Natural Foods Inc. (Natural) is a Nevada-based firm that sells organic beef. On Natural's website, customers throughout the United States can order beef to be shipped from Natural's ranch in Nevada to any city in the United States. When ordering, customers provide their credit card information and can sign up to receive newsletters. Johanna, a resident of Florida, orders beef via Natural's website and becomes sick after eating the product. Johanna sues Natural in Florida court. Does Natural have sufficient contact for the Florida court to have personal jurisdiction over the company using the Zippo sliding scale standard?

Yes, because the website activity is an integral part of the business model

Administrative law hearings are presided over by ____________ judges

administrative law

The party petitioning or asking for an appeal is called the __________

appelant

Some agencies monitor compliance with regulations by conducting _____________ of a business

inspections