LAW 231 - PHILLIPS

Some agencies monitor compliance with regulations by conducting ________ of a business.

Inspections

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

Administrative law hearings are presided over by ________ judges.

Administrative Law

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

Advertising a product or service

The party petitioning or asking for an appeal is called the _______.

Appellant

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 defendant paying 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 a state, agency?

Broadcast frequencies

Congress authorizes the National Highway Safety Administration to regulate any trucking company engaged in interstate commercial activity. Which enumerated power is Congress exercising?

Commerce

Marlowe is a customer at General Store. He is injured while attempting to lift a heavy lawn ornament off of 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

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

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

The restriction does not include political speech by the corporation

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

False

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

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 precedent to follow the reasoning and decision of this prior decision.

False

When a remedy at law (i.e., 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

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

Federal Administrative Law

Proposed agency rules are published in the _____.

Federal Register

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

First Amendment

Which of the following are potential advantages of alternative dispute resolution? I. Possible to preserve the business relationship. II. Expertise for complex industry-specific disputes. III. Held in private with no public record required. IV. Cost-effective.

I, II, III, IV

Which of the following are potential advantages of alternative dispute resolution? I. Reduced costs. II. Less time consuming. III. Held in a public forum. IV. Preserving business relationship.

I, II, IV

Which of the following are not potential advantages of alternative dispute resolution? I. Reduced costs. II. Expertise. III. Less time consuming. IV. Held in a public forum.

IV only

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

In a diversity-of-citizen 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 of 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 Store's 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

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

Limited

Two parties agree to hire a 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

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 of federal power. In determining the constitutionality of the law, which standard of review will the court apply?

Rational basis

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

Pleadings

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

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

Stare Decisis

In the Dread Pirate Roberts case, U.S. 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

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

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

To authorize personal jurisdiction over nonresident defendants

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's 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

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