LAW UNIT 1

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Jurisprudence

"Legal Philosophy"

stare decisis

"let the decision stand"

Suppose a state legislature approves and education plan for the next year that budgets $35 million for boys' athletics and $25 million for girls' athletics. Legislators explain the difference by saying, "In our experience, boys simply care more about sports than girls do." The new plan is:

(d) permissible, but probably unwise.

What information is exempt from access by a Freedom of Information Act request?

- Trade secrets - Personnel information about a particular person

A court has personal jurisdiction over a party in which of the following circumstances?

- When the party's property at issue in the case exists within the geographic boundaries of the authority of the court - When a party brings a case in its court

Which of the following are sources of administrative law?

- agency opinions - agency regulations - executive orders

International laws primarily differ from U.S. laws in which of the following respects?

- who is bound by the law - who can interpret the law - how the law is created

What must a party do before appealing an agency action in the court system?

-Must follow the agency appeal process. -Must show direct harm.

What authority does the federal government have under the Commerce Clause? Choose 2 answer choices. -To regulate commerce on the national and local levels -To regulate commerce between states only -To regulate international commerce -To regulate all commerce in the country

-To regulate commerce on the national and local levels -To regulate international commerce

Which of the following are the 3 places a court may look to as a source of international law?

-international treaties -international customs -international organizations

When making a decision using the stakeholder theory of management, a business professional would place more weight on which of the following? Choose 2 answers. -the impact of its decisions on employees over the profitability of the business -its profitability over the impact on employees -the impact of its decision on the value of its stock -the harm to customers from using the company's product over profits

-the impact of its decisions on employees over the profitability of the business -the harm to customers from using the company's product over profits

Two types of trade barriers:

-the imposition of taxes on the import of bananas -the requirement that any beauty product manufactured abroad be tested on animals

What type of speech does not receive First Amendment protections?

-threats to the president of the United States - obscenity - speech that incites lawlessness

Which of the following may a judge consider once a motion for summary judgment has been filed? Choose 3 1. Facts as presented in affidavits 2. Trial testimony 3. Facts as discovered by depositions 4. The content of the pleadings

1. Facts as presented in affidavits 3. Facts as discovered by depositions 4. The content of the pleadings

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

1. It must seek to implement a substantial government interest. 2. It must not be overly restrictive to meet its objectives. 3. It must directly advance a government interest.

Which of the following lists the steps of a trial in the correct chronological order from beginning to end? 1. Jury selection, opening statements, plaintiff's case, defendant's case 2. Defendant's case, Plaintiff's case, closing statements, jury instructions 3. Defendant's case, closing statements, verdict, jury instructions 4. Opening statements, jury selection, plaintiff's case, closing statements

1. Jury selection, opening statements, plaintiff's case, defendant's case

What are two types of challenges an attorney can make during voir dire? Choose 2 1. Peremptory challenges 2. Non obstante challenge 3. Challenge for cause 4. Challenge for verdict

1. Peremptory challenges 3. Challenge for cause

Which of the following is true about the International Court of Justice?

1. The jurisdiction of the court is limited to hearing cases from countries which agree to be bound by its decision. 2. Only a country may initiate a case on behalf of individuals in this court. 3. Only a country may initiate a case on behalf of individuals in this court.

4 Pretrial Procedures

1. pleadings 2. discovery 3. conference 4. jury

Which of the following is not a stakeholder? A business competitor Shareholders Employees Customers

A business competitor

Statute

A law passed by a legislative body.

What is the exhaustion doctrine?

A person may seek judicial review of an agency decision only after they have followed all agency procedures to obtain a remedy for their complaint and have obtained a final order from the agency.

Bill

A proposed statute.

Burning the flag is __________ protected by the Constitution.

A ruling by the court that no trial is necessary because some essential facts are not in dispute

Which of the following is a correct statement of federal preemption of state law under the Supremacy Clause? Choose 2 answers.

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. A state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field.

False

Administrative agencies paly an advisory role in the life of many industries but do not have the legal authority to enforce their opinions.

Substantive Law

All laws that define, describe, regulate, and create legal rights and obligations

Which of the following statements explains the formation and purpose of a federal administrative agency? Choose 2 answers.

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.

Why is a defendant relieved of liability by a superseding cause?

Because the second event breaks the causal connection between the defendant's act and the plaintiff's injuries

Statutory Law PP

Bill --> Law --> Approved by House, Approved by Senate, President Signs

U.S. Constitution PP

Branches of Government -checks and balances State Government vs. Federal Government Fundamental Rights

Jamal was recently hired as a sales representative for a pharmaceutical company. Jamal notices that all the other sales reps "pad" their expense accounts by claiming meals with clients that never took place and then pocket the extra money. Jamal figures that because everyone else is cheating on their expense accounts, he might as well do the same. What ethics trap is Jamal falling into? Following orders Competition Conformity Lost in a crowd

Conformity

In the United States, who creates federal statutory law? -Congress. -the executive branch -the judiciary. -uniform law committees

Congress

Procedural Law

Consists of all laws that outline the methods of enforcing the rights established by substantive law

Laws

Contract law intellectual property law employment law administrative law securities law

A shortcoming of alternative dispute resolution (ADR) is that:

Decisions made by an arbitrator are binding and cannot be appealed

Duty of due care

Defendant had a legal responsibility to plaintiff

Sixth Amendment

Demands fair treatment for defendants in criminal prosecutions.

Discovery in the trial process include the following

Discovery of facts and discovery of evidence.

Protected Rights - Fifth Amendment PP

Due Process: Procedural Due Process is the government must give a person proper notice and opportunity to be heard before taking life, liberty, or property Substantive Due Process is Legislation must be fair and reasonable in content and must further a legitimate government objective. Taking Clause: A state is prohibited from taking private property for public use without just compensation (eminent domain)

Which of the following illustrates a financial or non-financial cost of unreported unethical behavior to a company?

Employee morale hit an all-time low when Scott, the line supervisor, ignored repeated instances of harassment by certain employees. & Sweet Home Diner lost half of its business when the community became outraged with the owner for failing to stop the racist social media postings of the restaurant manager.

Fifth Amendment

Ensures due process.

Procedural due process

Ensures that before the government takes liberty or property, the affected person has a fair chance to oppose the action.

The mediator in a mediation has the power to force the parties to come to a settlement

False

The party against whom a lawsuit is brought is the plaintiff or petitioner

False

There is one uniform set of roles of procedure for all courts

False

Federal question cases are those that involve

Federal treaty, Federal statute, The U.S. Constitution.

What law enables citizens to obtain information from the government about a subject of interest when a written request is made?

Freedom of Information Act

Public Accountability PP

Freedom of Information Act (FOIA) Privacy Act

How does the Fifth Amendment apply to fundamental rights? -Fundamental rights are a critical part of the decision-making process in procedural due process. -Fundamental rights are a determining factor in the analysis under substantive due process. -Fundamental rights are a large consideration under the Takings Clause. -Fundamental rights are not a key part of the analysis of Fifth Amendment rights.

Fundamental rights are a determining factor in the analysis under substantive due process.

Commerce Clause

Gives Congress the power to regulate commerce with foreign nations and among states.

Holt and Collins decide to have their dispute arbitrated by Corrales. Which of the following will NOT be a result of the arbitration?

Holt and Collins will not have the chance to present their cases

What factor should a plaintiff consider when deciding which interference tort applies to a situation?

If the plaintiff had a contract with another party who breached the contract.

How could liability be determined with superseding causes?

If the third party's actions or the second event are unforeseeable, the defendant who causes the first act could be relieved of liability.

Under the common law, which of the following is true?

In a case of first impression, a judge may use persuasive authorities rather than precedents.

Arbitrary and Capricious

In the absence of formal rulemaking decision. Agency must have a rational basis for the decision.

What must a plaintiff prove in an intentional tort case?

Intent to commit the act.

Which classification or scrutiny would be appropriate for a court to use to examine a state regulation requiring firefighters to be men because of the demanding physical requirements of the job?

Intermediate Scrutiny

Using moral relativism can help people resolve their ethical dilemmas. There are problems with using moral relativism, however. What is a problem with moral relativism? It is difficult to measure the utility of an action. The ends do matter. Someone could have legitimate reasons to keep some things private. It can justify anything.

It can justify anything.

The _____ rule(s) on the admissibility of evidence.

Judge

In what situation would justification be appropriate?

Justification is appropriate for either type of wrongful interference tort.

Under which principle of ethics would a person consider whether his or her action is one that every other person should take?

Kant's categorical imperative

Under which principle of ethics would a person consider whether his or her action is one that every other person should take? -Kant's categorical imperative -the principle of rights -religious principles of ethics -outcome-based ethics

Kant's categorical imperative

Common Law

Law created by judges

Statutes

Laws passed by Congress or state legislatures.

Stare decisis

Le the decision stand

The idea that each person has intrinsic biases that impact their decisions is a component of which school of thought?

Legal Realist School

The belief that as humans we are all entitled to certain fundamental rights is a component of which school of thought?

Natural Law

The belief that as humans we are all entitled to certain fundamental rights is a component of which school of thought? -Historical School -Positivist School -Natural Law -Legal Realism

Natural Law

Which of the following are the TWO types of ADR that results in parties voluntarily signing a settlement agreement rather than proceeding to trial? Choose 2 answer choices.

Negotiation Mediation

During the pandemic of 2020, the City of Mayberry passes an ordinance that requires all citizens to wear a face mask in public. Addison believes that the government cannot regulate his personal behavior and refuses to wear a mask; he says that forcing him to wear a mask violates his constitutional rights! A police officer stops Addison on the street and arrests him for violating the city ordinance. Can Addison successfully challenge the mask ordinance on constitutional grounds?

No, requiring people to wear a face mask during a pandemic is a valid exercise of the state's police power.

Esther is pulled over for crossing the yellow line with her automobile. The officer suspects Esther is intoxicated, so she administers a field sobriety test. Esther blows a .16 on the test, so the officer arrests Esther for DWI. Esther decides to fight the charge. Her defense is that she is an alcoholic, and the laws against driving while intoxicated unconstitutionally discriminate against her and other alcoholics. Does Esther have a valid defense to her DWI charge?

No, she does not because laws that regulate economic or social issues are presumed valid, and the courts will apply minimum scrutiny in evaluating whether such laws discriminate against people.

You are employed as a receptionist at an upscale restaurant with a large base of regular customers. One of your male co-workers recently announced he is transitioning to female and will soon begin to dress and present as a woman. Your co-worker has earned praise from your boss and outstanding performance reviews. Your employer is concerned, however, that customers will be uncomfortable by the transition and will find other places to enjoy a meal. As a result, your employer terminates your coworker from his job. Your coworker is offended and angry and wants to take action to get the job back. Can the employer legally terminate employees on the ground they are transgender?

No, transgender employees are protected by the Equal Protection Clause and the Civil Rights Act of 1964.

What are two types of challenges an attorney can make during voir dire?

Peremptory challenges Challenge for cause

Personal Jurisdiction of State Courts over Parties

Personal Jurisdiction: Ability of court to hear cases involving a person or business in a geographic area. Requirements for Personal Jurisdiction: 1. the defendant is a resident of the state in which the lawsuit is filed 2 the defendant takes a formal step to defend the lawsuit such as filing an answer 3. the defendant is served with a summons, essentially a notice that a lawsuit has been filed while the defendant is in the state 4. the state has a long arm statute which gives a state court jurisdiction over anyone who commits a tort, signs a contract, or conducts regular business activities in the state

damages

Plaintiff has been hurt or suffered measurable loss

The person who initiates a civil lawsuit is called the:

Plaintiff.

Limits on Agency Power PP

Political Control Statutory Control Judicial Review

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

Presides over an administrative hearing and issues an order that, when final, may be reviewed by a court.

Takings Clause

Prohibits a state from taking private property for public use without just compensation.

Fourth Amendment

Protects against illegal searches.

First Amendment

Protects freedom of speech.

Which classification or scrutiny would be appropriate for a court to use to examine a state law regulating the price of milk. Choose 2 answer choices.

Rational Basis Test Minimal Scrutiny

Equal Protection Clause

Requieres that the government must treat people equally.

Agency Powers PP

Rulemaking: Legislative vs. Interpretive Formal vs. Informal Investigation: Subpoenas Search and Seizure Adjudication

What restrictions on business speech are allowed by the First Amendment? Choose 2 answer choices.

Some advertising venues for tobacco Limitations on advertisements for alcohol

What restrictions on business speech are allowed by the First Amendment?

Some advertising venues for tobacco & Limitations on advertisements for alcohol

What business speech is protected by the First Amendment?

Some types of advertising

Laws that have been passed by an act of Parliament of a provincial legislation are most broadly conceptualized as which type of law:

Statutory law

The issue of the constitutional protections afforded flag burning was addressed in Texas v. Johnson. United States v. Lopez. Marbury v. Madison. Palmore v. Sidoti.

Texas v. Johnson.

The issue of the constitutional protections afforded flag burning was addressed in

Texas vs. Johnson

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.

Administrative Agencies

The IRS, the EPA, the FCC, the SEC

administrative law

The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.

"Choice of Forum" refers to

The country where legal disputes will be settled

What are the benefits of the exhaustion doctrine?

The exhaustion doctrine requires resolution of disputes within the agency without involving the court system, except when necessary.

Nevada passes a statute that any 18-wheel truck passing through Nevada must meet a Clean Fuel Fleet Exhaust Emission Standard of no more than 2.8 nitrous oxide (NOx). The federal statute requirement for such trucks is no more than 3.8 NOx. Carlton is driving his 18-wheeler cross-country to deliver a load and stops at a Nevada weigh station. The weigh station officer inspects Carlton's documents, notes that Carlton's truck has a 3.4 NOx emission level, and issues a citation. On what grounds might Carlton fight this citation?

The federal statute preempts the state statute under the Supremacy Clause.

The Maine state legislature passes a law to regulate local delivery services. The final authority regarding the constitutionality of this law is

The judicial system

When referring to a system of law, common law refers to:

The legal system in which laws are based on precedent, i.e., the recorded reasons given by judges for their decisions, which are adopted by judges in later cases with similar facts

The president signs an executive order declaring that any president may now run for three terms of office instead of two. How could his/her power be checked by the legislative branch?

The legislature could impeach him/her.

The methods of enforcing the rights established by substantive law.

You have had a grudge against the owner of a local barbeque restaurant for years. You went to high school together, and he is always acting like he is better than you because even though you both own barbeque restaurants, his business seems to be more popular than yours. You come up with a plan to get back at him by spreading false rumors that his barbeque made a lot of people sick. That'll teach him! What do you think might happen if you go through with your plan?

The owner of the restaurant could sue you, and you may have to pay him money.

What is ethics? Always telling the truth The study of how people should behave Following the law The rules by which you live your life

The study of how people should behave

United States Constitution

The supreme law of the land

Agency rules are similar to statutes because of which one of the following?

They are legal requirements and binding as if Congress has passed them.

You play drums in a band that is very popular on your campus. In addition to playing other groups' hit songs, your band plays music that you write. One of your songs has gone viral and has over five million "likes" on Facebook. Your band copyrighted this song and is selling the single via iTunes. You learn that someone in Spain is selling downloads of the song without your permission. You want to stop the unauthorized sales. You are aware of the Berne Convention, an international treaty that would require Spain to recognize your copyright and enable you to enforce your rights in that country. You are thrilled that this treaty exists and you wonder how it came into existence. How are international agreements like the Berne Convention adopted?

Treaties must be approved by the supreme power of each nation. In the United States, approval by both the president and the Senate is required. The treaty must pass in the Senate by a minimum vote of two-thirds.

Sources of American law include

U.S. Constitution, Statutes, Common Law, Court Orders, Administrative Law

In what situations does federal law preempt state law?

When Congress passes a law and creates an agency to enforce that law & When Congress passes very detailed laws

Donnell Enterprises is a U.S. Company operating in France. France decides to build a national highway that will run right through the real estate where Donnell Enterprises is located. Can France legally take the property from Donnell Enterprises?

Yes, France can legally take the property from Donnell Enterprises if France pays Donnell Enterprises just compensation.

You run a local marathon, and it is very crowded. As you approach the first mile marker, you accidentally trip one of the other runners. She falls hard, hits her head on the pavement, and is taken away in an ambulance. She later sues you for negligence. What do you think would happen if you defend the lawsuit by saying that you did not intend to trip her?

You would not be successful because intent is not required for a negligence claim.

Federalism

a double layered system of government, with the national government and state governments each exercising important but limited powers

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

An agreement or contract between two or more countries that must be authorized and ratified by the governments of each country is what type of international law?

a treaty

What is the term for a court's determination that an administrative agency decision is the result of plain error or mistake?

abuse of discretion

interpretive rules

agency's interpretation of what the law already requires

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 adminsitrative agencies are subject to the authority of the president, but some are independent

subpoena

an order to appear at a particular place and time in court

What is the term given to an administrative decision that is unreasonable or implausible in light of the facts and evidence?

arbitrary and capricious

executive power

authority to enforce laws (president)

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.

When a U.S. employer does business abroad, whose laws govern the business?

both US law and the foreign nation's law

Arbitration clauses are generally enforced if

both parties have agreed to submit disputes to arbitration and the contract provides a neutral forum and reasonable rules to govern the arbitration.

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

broad

What are the three steps of a civil trial?

closing arguments, opening arguments, and presentation of testimony and evidence

What is a type of agreement that allows a foreign firm to market and sell a U.S. company's products in a foreign country?

distribution agreement

The goal of the United States-Mexico-Canada Agreement (USMCA), formerly known as NAFTA, is to:

eliminate trade barriers between the three countries over a period of time.

statutory control

enabling legislation of agencies provides some limits and may require that the agency use formal rulemaking or investigate only certain issues

Which of the following activities is an example of corporate social responsibility?

establishment of a foundation that funds high school educational initiatives

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

What does venue refer to?

geographic location of the court

The first ten Amendments to the U.S. Constitution guarantee many liberties to American citizens. were written decades after the original Constitution was written. apply only in federal court, not state court. apply only in state court, not federal court.

guarantee many liberties to American citizens.

adjudication

holding a hearing about an issue and then deciding it

You recently had an accident on the job. Some equipment fell on you causing a serious injury, and your medical bills alone are likely to be over $85,000. You claim an outside vendor who was working on the equipment that day created the problem that caused the injury, and you want to sue. You live and work in Texas, and the outside vendor is a resident of Oklahoma. Where do you think you should file the lawsuit?

in either state or federal court

Which of the following requires a plaintiff to prove malice?

injurious falsehood

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

invalidate the law.

The doctrine of stare decisis makes the legal process more expensive. is an equitable remedy. makes the law more predictable. is unimportant to the common law.

makes the law more predictable.

What liability theory is used by courts to allocate damages when there are multiple defendants and it cannot be proven which defendant was responsible?

market-share liability

If a trial court judge is deciding an issue that has never come before the court (a case of first impression), they:

may create new precedent.

If a trial court judge is deciding an issue that has never come before the court (a case of first impression), they: -must wait until another judge creates precedent. -may create new precedent. -must decline to hear the matter. -may ask an appellate court to decide the matter.

may create new precedent.

The fastest-growing method of dispute resolution in the United States is

mediation

Ethics is the consideration of how one should act, based on which of the following concepts? -the moral minimum -strict legality and legal compliance -cause and effect -morality, or principles of right and wrong

morality, or principles of right and wrong

agency limits on investigation

must be relevant to a lawful agency investigation, can not be unreasonably burdensome, must not be privileged

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

peremptory challenge.

What is 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

In the House of Representatives, a state's voting power is based on its relative wealth. date of entry into the Union. physical size. population.

population.

process of creating statutory law

propose bill, debate, conference committees, statutory interpretation, president veto, congressional override, bill passes

Civil law:

regulates the rights and duties between parties.

What does the Administrative Procedure Act do?

sets out the rule-making process for administrative agencies

Phyllis has worked as a mechanic for Boeing Corporation for the last ten years. Phyllis recently found out she is pregnant, so she requests a transfer to another position that does not require as much lifting. Boeing refuses to transfer Phyllis and fires her instead. Phyllis files a complaint with the EEOC for a violation of the Pregnancy Discrimination Act, and that agency, the EEOC, decides the case in Boeing's favor. After exhausting all administrative remedies, Phyllis files a lawsuit in federal court, which will:

show deference to the agency's decision on both questions of law and fact, upholding the decision unless it is unreasonable.

legislative rules

similar to statutes, requires businesses or private persons to act a certain way

Mary and Hanna, who are Tennessee residents, were traveling through Mississippi when they were involved in an automobile accident with Franco, who is a resident of Mississippi. Franco sues Mary, who was driving the car, in federal court in Mississippi and asks for $100,000 to reimburse him for his medical bills and lost wages. In deciding the case, what law will the federal district judge apply?

state law

agency methods of investigation

subpoenas, search and seizure

A ruling by the court that no trial is necessary because there are no essential facts in dispute is a

summary judgment.

How are tariffs used to control imports?

tariffs increase the cost of a product by taxing the importation

Defamation

the action of damaging the good reputation of someone; slander or libel.

If a business owner's property in a foreign country is confiscated, what remedy is available?

the company can try to convince the US to intervene and try tp negotiate a settlement with the foreign country.

Under the principle of rights, the term "rights" refers to:

the fundamental rights of human beings.

A court is a tribunal established by:

the government

Which of the following represent two of the potential financial costs of reporting unethical behavior?

the loss of top performing employees & penalties, fines, and lawsuits against the company

In ethics, compliance with the law is considered:

the moral minimum.

Historically, the common law developed from:

the unification of local customs and laws in feudal England.

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

trial court, intermediate appellate court, and highest appellate court.

A company exhibits responsible corporate citizenship when it:

uses its wealth and influence to benefit society as a whole.

Susan imports pottery from Spain. Under federal law, the pottery that Susan imports from Spain is taxed three times as much as pottery that Susan obtains from suppliers in the United States. The federal law that taxes Susan's imports more than products made in the United States:

violates the General Agreement on Tariffs and Trade (GATT), and the World Trade Organization (WTO) will require the United States to change its law.

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

A choice-of-law clause in an international contract will determine:

which country's law will apply in the event of a dispute.

Expropriation occurs when a foreign government seizes the property of a U.S. business operating in that country:

with just compensation

bystander cases

you have no duty to assist someone in peril unless you created the danger

Subpoena

An order to appear at a particular time and place.

Which type of law regulates the rights and duties between parties? Criminal law Administrative law Civil law Judicial law

Civil

Analyze a Case F.I.R.E.

Facts Issue Reasoning End-result

All courts have general jurisdiction.

False

proximate

It was foreseeable that conduct like defendant may cause harm

Which of the following are the TWO types of ADR that results in parties voluntarily signing a settlement agreement rather than proceeding to trial?

Negotiation, Mediation

The difference between mediation and arbitration is:

Only a judge can be a mediator while anyone can be an arbitrator

statutory law

The body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law).

What can a defendant present to win a strict liability case?

The consumer altered the product since purchasing it and that caused the harm

The U.S. Courts of Appeals consists of ______federal judicial districts

Thirteen (13)

Griggs v Duke Power

U.S. case that set the standard for determining whether discrimination based on disparate impact exists; Title 7; statutory interpretation about the type of test employers can give, it must be related to successful performance in the job

statute

a law passed by congress or a state legislature

Statements 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 are sources of administrative law? Choose 3 answers.

agency regulations agency opinions executive orders

Assume that the trucking company did not do business in Florida but was just passing through. Miriam (select answer) still sue in Florida because the trucking company has (select answer) contacts in Florida since it caused the accident in (select answer ). If the truck did not cause the accident and was just passing through, Miriam (select answer) sue in Florida since there were no (select answer ) contacts. (select answer) allows one state to reach into another state and bring a defendant into the first state's courts.

could minimum Florida could not minimum Long-arm statutes

Voir dire examination is used in connection with:

jury selection.

Appropriation

the action of taking something for one's own use, typically without the owner's permission.

What is an example of a subpoena?

Congress has passed a new bill but the president does not like the law. What could happen next?

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

- conduct a hearing to obtain a final order - investigate complaints and possible violations of its regulations or the law - issue a subpoena

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

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

Which of the following are tactics that Congress can use to control exporting?

- setting quotas -employing subsides

What type of speech does not receive First Amendment protections? Choose 3 answers. -unpatriotic speech -obscenity -threats to the president of the United States -speech that incites lawlessness

-obscenity -threats to the president of the United States -speech that incites lawlessness

In order to control what enters the U.S., Congress may:

-prohibit the import of certain goods -create important quotas -tax imported goods

Which of the following are reasons why a motion for a new trial might be granted? Choose 3 1. Excessive damages were awarded 2. The trial was unfair 3. The judge committed prejudicial error 4. The non-prevailing party did not like the outcome

1. Excessive damages were awarded 2. The trial was unfair 3. The judge committed prejudicial error

After a civil trial at which the losing party believes the jury verdict is contrary to the weight of evidence, the party may file which of the following motions? Choose 2 answers. 1. a motion for a new trial 2. a motion for judgment as a matter of law (JMOL) 3. a motion for a judgement notwithstanding the verdict (JNOV) 4. a motion to vacate, set aside, or correct a sentence

1. a motion for a new trial 3. a motion for a judgement notwithstanding the verdict (JNOV)

A party may challenge a potential juror for cause if the party believes the potential juror: (Choose 3) 1. has prior knowledge of the facts of the lawsuit. 2. is biased. 3. is of a particular race. 4. is a friend or relative of one of the parties.

1. has prior knowledge of the facts of the lawsuit. 2. is biased. 4. is a friend or relative of one of the parties.

What are the three steps of a civil trial after voir dire? Choose 3 1. opening arguments 2. presentation of testimony and evidence 3. closing arguments 4. jury selection

1. opening arguments 2. presentation of testimony and evidence 3. closing arguments

3 Stages of Litigation

1. pre-trial 2. trial 3. post-trial

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

1. rational basis review 2. intermediate scrutiny 3. strict scrutiny

When a party wishes to excuse a potential juror without giving a reason, the party may exercise a: 1. personal challenge. 2. challenge for fitness. 3. peremptory challenge. 4. challenge for cause.

3. peremptory challenge.

A common law system differs from a civil law system in which of the following ways?

A common law system relies primarily on case law.

What is an example of a subpoena?

A federal agency demands various internal documents from a corporation.

FCC v Fox

A federal agency's policies on punishing fleeting expletives on broadcast were unconstitutionally vague

Which of these is an example of judicial review?

A federal court declares a statute unconstitutional

A product is unreasonably dangerous to consumers when it meets which of the following conditions? Choose 3 answers.

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.

What information can people request under the Freedom of Information Act?

Agency budget information

What is the role of an administrative law judge (ALJ)?

An ALJ is an employee of the agency bringing the charges.

Administrative law judge

An agency employee who acts as an impartial decision maker.

A plaintiff must prove which two of the following to succeed in a design defect case? Choose 2 answers.

An alternative design was safer and available and the manufacturer did not use the alternative. The failure to use a safer design was the cause of harm to the plaintiff.

The role of a mediator is to

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

The sources of law in Canada include:

BOTH The common law. Statutes.

Which of the following are pleadings in a lawsuit?

BOTH Statement of claim Statement of defence

Federal courts have exclusive subject matter jurisdiction over which of the following?

Bankruptcies, Patents/trademark/copyright cases, Federal criminal prosecutions, and cases against the US

The first ten amendments to the Constitution are known as the Preamble. Bill of Rights. Supremacy Clause. Articles of Confederation.

Bill of Rights.

Which of the following statements accurately defines civil law? Civil law concerns behavior so threatening that society outlaws it altogether. Civil law regulates the rights and duties between parties. Civil law results in imprisonment and fines. Civil law is a form of administrative law.

Civil law regulates the rights and duties between parties.

Classifications of Law PP

Civil laws regulate he rights and obligations between two parties vs. Criminal laws which regulates wrongs an individual commits against society

Constitution Overview PP

Drafted in 1787 Includes: Separation of Powers (between branches as well as federal vs. state Individual Rights

Which of the following are considerations of corporate social responsibility?

Environmental impact of a business, Issues within the community where a business is located, Ethical treatment of employees and suppliers

Which of the following statements best exemplifies how society as a whole benefits from ethical behavior? Consumers are willing to pay more for a product they believe to be ethically produced. People feel better when they behave ethically. Unethical behavior can be very costly. Ethical behavior builds trust which is important in all of our relationships.

Ethical behavior builds trust which is important in all of our relationships.

Standards of Judicial Review PP

Facts --> Court's will generally defer to an Agency's fact finding. As long as there is substantial evidence, the fact decision will be respected. Law --> Court often defer to an Agency's interpretation of law. If the Agency's decision was reasonable, it will be binding even if the Court might not have made the same analysis.

A family law court is an example of a small claims court.

False

A summary jury trial is a mock trial before a judge.

False

Arbitration procedures occur in a court of law.

False

The defendant in a civil case is the party who is suing.

False

The legislation that requires an administrative agency to respond to requests from citizens for agency records is called the:

Freedom of Information Act (FOIA).

Miriam would likely NOT want to sue the trucking firm in Georgia because she would need to: Get a lawyer in _________ Make multiple trips to _________ Have witnesses travel to ____________

Georgia Georgia Georgia

Fourteenth Amendment

Guarantees equal protection of the law. "No state shall...deny to any person within its jurisdiction the equal protection of the laws."

To be convicted in a criminal case, the defendant must be found

Guilty beyond a reasonable doubt by a unanimous jury

An arbitrator is different than a mediator because an arbitrator

Has the authority to make a binding award.

Analyzing a Case PP

Identify the parties (plaintiff and defendant) Use the legal citation to determine where to find the case in the legal library Review the Facts to understand the background of the case Read the holding of the case to determine the Court's rationale in its decision

Court Orders PP

Issued by a Judge on a particular case that creates binding obligations on the person/business Example: Injunctions

Using utilitarian ethics can help people resolve their ethical dilemmas. There are problems with using utilitarian ethics, however. What is a central problem with using utilitarian ethics? It is difficult to measure the utility of an action. The ends do matter. Someone could have legitimate reasons to keep some things private. It can justify anything.

It is difficult to measure the utility of an action.

A restriction on commercial speech will be valid if it meets three criteria. What are they? Choose 3 answers.

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

Which person held the belief that the circumstances into which we are born play an important role in our personal outcome? Immanuel Kant John Stuart Mill Milton Friedman John Rawls

John Rawls

The power given to courts to hear certain types of cases is called:

Jurisdiction

Before any court can hear any dispute between Miriam and the trucking company, it must have _____________ over the person or company against whom the suit is brought against or over the property involved in that lawsuit. In order for Miriam to sue the trucking firm, she has to file the lawsuit in a court that has in personam jurisdiction over the ____________ . The firm's headquarters are in Georgia, although the company does business in Florida, so ________ in personam jurisdiction over the trucking firm. Miriam _________ sue the trucking firm in both Georgia and Florida state courts.

Jurisdiction defendant Georgia and Florida have can

Precedent is binding only on which courts? Trial courts Appellate courts Higher courts Lower courts

Lower courts

Statutes PP

May cover any topic so long as they do not violate the Constitution Bill proposed in Congress-->majority vote necessary in both chambers-->President's approval

Stare decisis

Means "let the decision stand" and describes the practice of courts following prior decisions.

Which person argued that a corporate manager's primary responsibility is to the shareholders of the organization and that managers should make the company as profitable as possible while also complying with the law? John Rawls John Stuart Mill Immanuel Kant Milton Friedman

Milton Friedman

Administrative Law PP

Most agencies are created by Congress and have the authority to create "regulations" Examples: Environmental Protection Agency (EPA), Internal Revenue Service (IRA), etc.

If a case has no material facts in dispute either party can file a(n) _________ and allow a judge to make a ruling as a matter of law.

Motion for summary judgment

What must a party do before appealing an agency action in the court system? Choose 2 answer choices.

Must show direct harm. Must follow the agency appeal process.

Roger has worked for an agency, the Federal Reserve, for ten years. Recently, Roger has heard rumors that multiple employees have contracted COVID-19, a highly contagious and potentially dangerous disease, although they have recovered completely. Nevertheless, Roger is still concerned about being around these people, so Roger asks his employer, the Federal Reserve, for a list of these employees. The Federal Reserve refuses, so Roger files a Freedom of Information Act (FOIA) request for the information. Under the FOIA, will the Federal Reserve provide Roger this list?

No, this information is confidential and personal.

Which of the following are required for a diversity of citizenship case?

Parties that are citizens of different states, An amount in controversy over $75,000

Federal courts have exclusive subject matter jurisdiction over which of the following? Choose 2 answer choices.

Patent/trademark/copyright cases Bankruptcies

In Jones v. Clinton, the court held that

Paula Jones did not demonstrate the essential elements for her claim

In Jones v. Clinton, the court held:

Paula Jones did not demonstrate the essential elements for her claim

The concept of precedent, as used in the common law, means that

Principles established in earlier cases are applied in later, similar cases.

Judicial review

Refers to the power of federal courts to declare a statute governmental action unconstitutional and void.

What business speech is protected by the First Amendment? -Some types of misleading speech -Some types of advertising -Some types of threatening speech -Some types of defamatory speech

Some types of advertising

Standing and Venue

Standing: Legal term that requires every plaintiff to show they have the right to bring a lawsuit. 1. Injury in fact (suffered an actual and concrete injury) 2. Causation (Injury is traceable to the conduct alleged in the lawsuit) 3. Solution (favorable decision can rectify the injury) Venue: geographic location where a lawsuit should be litigated (often determined by the location of the parties, the place of any relevant property, and the needs of the court)

Which of the following statements are applicable to the doctrine of stare decisis? Choose 2 answers.

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

State Court Jurisdiction PP

Subject Matter Jurisdiction: Trial Courts of Limited Jurisdiction Trial Courts of General Jurisdiction Personal Jurisdiction: Traditional Long-Arm Statutes

Promulgate

The act of an administrative agency creating a new rule.

When an appellate court decides a case, the court has options for rendering the decision. What may an appellate court rule when rendering the decision in a case? Choose three answers. The appellate court may reverse the decision of the trial court. The appellate court may refer the decision of the trial court to a higher court without hearing the case. The appellate court may affirm the decision of the trial court. The appellate court may remand the case.

The appellate court may reverse the decision of the trial court. The appellate court may affirm the decision of the trial court. The appellate court may remand the case.

To win a wrongful interference with a contract case, a plaintiff must prove which of the following elements? Choose 3 answer choices.

The defendant knew a contract between the plaintiff and a third party existed. The plaintiff experienced injury or damages as a result of the defendant's actions. A valid contract existed between the plaintiff and a third party.

U.S. Constitution

The document written in 1787 and ratified in 1788 that sets forth the institutional structure of the U.S. government and the tasks these institutions perform. It replaced the Articles of Confederation.

Using the categorical imperative can help people resolve their ethical dilemmas. There are problems with using the categorical imperative, however. What is a problem with using the categorical imperative? It is difficult to measure the utility of an action. The ends do matter. Someone could have legitimate reasons to keep some things private. It can justify anything.

The ends do matter.

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.

Judicial Review

The power of federal courts to examine the constitutionality of statutes and acts of government.

Adjudicate

To hold a formal hearing about an issue and then decide it.

A "Rent-a-Judge" serves as a referee.

True

Where are fundamental rights protected specifically in U.S. law?

Under substantive due process

The abbreviation "U.S." in the legal citation Brown v. Board of Education, 347 U.S. 483 (1954) references the: -United States Supreme Court Reports Lawyers' Edition. -U.S. Supreme Court. -United States Reports. -United States.

United States Reports.

The ethical model that focuses on the outcome of a decision, as opposed to the motives behind the decision, is: -Utilitarianism -Deontological -Kantian -Categorical Imperative

Utilitarianism

In what situations does federal law preempt state law? Choose 2 answer choices.

When Congress passes very detailed laws When Congress passes a law and creates an agency to enforce that law

A court has personal jurisdiction over a party in which of the following circumstances? Choose 2 answer choices.

When a party brings a case in its court When the party's property at issue in the case exists within the geographic boundaries of the authority of the court

Tillie is served with a lawsuit to collect a debt Tillie allegedly owes to Big Ben Clocks. The summons attached to the lawsuit says that Tillie has thirty days to answer the complaint. Fifteen days later, Tillie receives a copy of a default judgment in the mail, directing Tillie to pay $1000 to Big Ben Clocks. Does Tillie have any grounds on which to have the default judgment set aside?

Yes, it is a violation of procedural due process.

Rando and Shania are involved in an automobile accident. Rando decides to sue Shania for his injuries, so he files a complaint, a formal pleading that starts the lawsuit and sets out the allegations that Rando has against Shania. Rando has the complaint, along with a summons, served on Shania to give her notice of the lawsuit. If Shania does not respond to the complaint:

a default judgment may be entered against her.

bill

a proposed statute submitted to Congress or a state legislature

What would a nation use to set limits on the number of goods being imported?

a quota

informal rulemaking

acency published a proposed rule in advance, permits the public to comment, agency listens and publishes the final rule

The Securities and Exchange Commission (SEC) is an independent agency whose function is to regulate securities in the stock market. The SEC thus creates rules. These rules are statutes. administrative law. executive orders. common law.

administrative law.

formal rulemaking

agency holds a hearing after publishing a proposed rule, opponents of the rule raise objection and public comments, agency published the final rule with a response to all concerns that were brought up during the hearing

State supreme courts primarily have ______ jurisdiction.

appellate

Sanchez and Yan entered into a contract that required Sanchez to deliver twenty textbooks to Yan's bookstore every month by the 15th raised to the power of the month. Six months after Sanchez and Yan entered into this contract, Sanchez breached the contract by not delivering the textbooks to Yan's bookstore. After Sanchez breached the contract, Yan sued Sanchez for her damages. Yan must choose the appropriate court in which to file her lawsuit. To do this, Yan needs to be sure the court has:

both subject matter and in personam jurisdiction in the case.

Miriam (select answer) sue the trucking firm in a federal trial court because (select answer) and (select answer ). Assessment question

can she and the company are residents of different states the amount in controversy is over $75,000 .

factual

defendants conduct caused actual injury

Elements of negligence

duty of due care, breach, damages, factual, proximate

Which of the following are methods of preventing unethical behavior?

establishing a company code of ethics & terminating an employee for unethical behavior

The president vetoes a bill that Congress believes is important for the United States to have in place. Congress may do nothing because a presidential veto is a final action. have both houses re-pass the bill, each by a two-thirds margin. have the House only re-pass the bill with a two-thirds margin. have the Senate only re-pass the bill with a two-thirds margin.

have both houses re-pass the bill, each by a two-thirds margin.

in either federal or state court

Voir Dire

jury selection process

To meet the element of intent, a plaintiff must prove that the defendant:

knowingly committed the act or knew with substantial certainty that his or her actions would result in the consequences.

Which branch of government has the authority to enact law?

legislative

Jordan and Terry are business partners who are engaged in a dispute. They meet with a neutral third party to try to resolve the dispute with a binding award. Jordan and Terry are engaged in

mediation.

Ethics is the consideration of how one should act, based on which of the following concepts?

morality, or principles of right and wrong

When a defendant files a(n) _________ he is attacking the plaintiff's pleading as not stating a cause of action or defense.

motion to dismiss

Judge Tatum is a lower court judge in Minnesota. A case comes before Judge Tatum regarding the admissibility of psychologists as expert witnesses. A higher court in Minnesota earlier ruled that psychologists cannot be expert witnesses because they are not medical doctors. Judge Tatum does not need to follow this ruling due to judicial discretion. must follow this ruling because of stare decisis. does not need to follow this ruling because it is incorrect. must follow this ruling because of the common law.

must follow this ruling because of stare decisis.

Linda and Tom are involved in a contract dispute. Linda sues Tom, and he receives her complaint

must prove her case by a preponderance of the evidence.

In alternative dispute resolution (ADR), most cases are resolved through

negotiation.

If the title of an appellate court case appears as Jones v. Smith, then it is correct to say that Jones is the plaintiff and Smith is the defendant. it means that Smith won the trial court decision. one cannot determine which party is the plaintiff because when a defendant loses a trial and files an appeal, some courts (but not all) reverse the names of the parties. the trial judge was Jones, and the appellate judge is Smith.

one cannot determine which party is the plaintiff because when a defendant loses a trial and files an appeal, some courts (but not all) reverse the names of the parties.

What are the three steps of a civil trial? Choose 3 answers.

opening arguments closing arguments presentation of testimony and evidence

power of agencies

rule making, investigation, adjudicaition

Conversion

the action of wrongfully dealing with goods in a manner inconsistent with the owner's rights.

Jurisdiction can be described as

the authority of a court to hear and decide a particular type of case.

Rhea, a 45-year-old supervisor in a women's retail clothing store, recently learned that a younger co-worker was promoted to a position she had applied for. Rhea has more experience and more time with the company and has always gotten excellent scores in her annual reviews. Rhea files an action with the Equal Employment Opportunity Commission (EEOC) for age discrimination. The Administrative Law Judge (ALJ) issues an order in favor of Rhea. This decision of the ALJ is:

the final order in the case unless the store appeals.

political control of agencies

the president has strong influence over federal agencies (can appoint the head and fire the head), Congress can decide to defund a federal agency

The United States Constitution is

the supreme law of the land.

The United States Constitution is the supreme law of the land. a discretionary guideline for the federal government to follow. a guideline for states to follow in developing their own state constitutions. stare decisis.

the supreme law of the land.

Congress has the right to pass laws, as long as:

they do not conflict with the United States Constitution.

Original jurisdiction courts are generally ____________.

trial courts

What is the tort in which one business seeks to interfere with the profits or market edge its competitor hopes to gain by entering into a contractual relationship?

wrongful interference with a prospective business advantage

What is the type of business tort that occurs when one business steals a competitor's employee?

wrongful or tortious interference with contract

Which of the following is not an example of limited or special jurisdiction court?

Court of original jurisdiction.

Administrative Procedures Act (APA)

- became a law in 1946 during a period when the United States was seeing increasing regulation due to The Great Depression and World War Two. - meant to create a uniform system for administrative agencies to do their work - applies to all independent and executive agencies that are part of the U.S. government - regulates how they create rules and regulations - through the APA that the public is allowed to make comments on proposed rules, which are published in the Federal Register - standardizes how agencies can enforce their rules and regulations, and how the courts can review them

Error of Law

An error of law is an erroneous determination of the legal rules governing procedure, evidence or the matters at issue between the parties. If an error of law is harmless, an appellate court will not reverse the judgment below. If it is found to be prejudicial error that was consequential to a party's right to a fair trial, the outcome will be reversed and a new trial ordered

Subpoena duces tacum

An order to require a person to produce certain documents or things.

Megan Kanka was raped and murdered in 1994, when she was only seven years old, by one of her neighbors. As a result of her murder, a federal statute was created that requires law enforcement authorities to make information available to the public regarding registered sex offenders. This federal statute was created by:

Congress

A probate court is an example of a general trial court.

False

An en banc decision within a U.S. Court of Appeal only requires a panel of three judges.

False

Chevron standard

Must follow the Notice and Comment process under the Administrative Procedures Act and publish in the federal register. Asks two questions: 1. Did Congress directly address the dispute? If it is silent or ambiguous 2. Is the agency's decision reasonable?

A product liability lawsuit can be filed under which legal theory? Choose 3 answer choices.

Negligence Intentional Tort Strict Liability

Who is authorized to enter into treaties under the Constitution?

The president

administrative law judge

an agency employee who acts as an impartial decision maker

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 activities is an example of corporate social responsibility? -establishment of a foundation that funds high school educational initiatives -ensuring all employees meet minimum licensure standards -funding a research project that supports the company's marketing initiative for a new product -careful compliance with employee safety regulations

establishment of a foundation that funds high school educational initiatives

The concept of stare decisis is closely related to the concept of precedent. the bystander rule. statutory law. enabling legislation.

precedent

A subpoena duces tecum is different from an ordinary subpoena in that a subpoena duces tecum can only be given to an expert to require a personal appearance before a court or administrative hearing. is binding on a person even if it is mailed to the person rather than handed to them by a process server. allows for privileged or confidential information to be turned over to a court or administrative agency. requires the person to produce certain documents or things.

requires the person to produce certain documents or things.

What type of speech does not receive First Amendment protections? Choose 3 answers.

speech that incites lawlessness obscenity threats to the president of the United States

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

What are the three levels of scrutiny used by courts to determine the constitutionality of a government action? Choose 3 answers.

strict scrutiny rational basis review intermediate scrutiny

The United States Supreme Court was created by:

the U.S. Constitution

In ethics, compliance with the law is considered: -the moral minimum. -corporate social responsibility. -the principle of rights. -the moral maximum.

the moral minimum.

An antidumping duty is used by the United States for what purpose?

to discourage importers from underselling US businesses

The amendments to the U.S. Constitution protect the people from the power of state and federal governments.

true

Under which theory of ethics would a decision be ethical if it provides the greatest benefit for the largest number of individuals?

utilitarianism

What is the process of interviewing prospective jurors and either approving of or challenging a person's impartiality toward service on a particular jury? 1. de jure 2. in personam 3. corpus juris 4. voir dire

4. voir dire

Administrative Agency Creation PP

4th branch of the government -Must exhaust all administrative relief if claiming to be treated unfairly Enabling legislation from Congress --> name, purpose, function, and posers of agency being created Types of agencies: Executive agencies and Independent Regulatory Agencies

Which of the following types of jurisdiction relates to the power of a higher court to review the decision of a lower court?

Appellate jurisdiction

The primary source of federal power to regulate trade between states is the Supremacy Clause. Commerce Clause. power of eminent domain. Takings Clause.

Commerce Clause.

Statutory law does not include county ordinances

False

State supreme courts generally hear all cases appealed to them.

False

The Federal Arbitration Act provides that only arbitration clauses dealing with federal subject matters are valid, irrevocable, and binding.

False

The decision of an association tribunal is binding on both the association member and the consumer.

False

When the Food and Drug Administration prohibits a certain drug from being marketed in the United States, this is private law. an agency regulation. legal negativism. an executive order.

an agency regulation.

In a civil case, the plaintiff must prove the case

by a preponderance of the evidence

Miriam would likely want to sue the trucking firm in Florida because: It is (select answer) She can better research (select answer)

closer to her home local lawyers

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

The principle of stare decisis does which of the following? -requires the fact pattern of the current case to be exactly like the fact pattern of the precedent -uses statutory law to guide judges to the right decision -creates predictability in the legal system -ensures that no changes in the law ever take place

creates predictability in the legal system

Judicial review can best be described as the power of a federal court to

declare a statute or governmental action unconstitutional and void.

Congress passes a law making it a crime to use marijuana. The judiciary can check the power of Congress by:

declaring the law unconstitutional.

Sources of administrative laws

executive orders, agency regulations, agency options

The three branches of government in the United States are the executive, legislative, and administrative. administrative, executive, and statutory. executive, legislative, and judicial. administrative, legislative, and international.

executive, legislative, and judicial.

Emails and their attachments are not subject to pretrial discovery

false

Riko works for the Internal Revenue Service (IRS) and believes the IRS and other agencies do important work for the government. Riko's friend Ariel disagrees. As a proponent of administrative agencies, Riko should tell Ariel that administrative agencies have too much power. have unique expertise in complex areas where this skillset is needed. provide guaranteed jobs. save taxpayers money as there are no campaigns to fund since agency heads are not elected.

have unique expertise in complex areas where this skillset is needed.

A party may challenge a potential juror for cause if the party believes the potential juror: (Choose 3 answers.)

is biased. has prior knowledge of the facts of the lawsuit. is a friend or relative of one of the parties.

Linda and Tom are involved in a contract dispute. Linda sues Tom, and he receives her complaint. Linda

must prove her case by a preponderance of the evidence.

What is the lowest level of review by a court to determine whether a government action unconstitutionally infringes on protected rights? -strict scrutiny -intermediate scrutiny -rational basis review -legitimate interest review

rational basis review

The United States Supreme Court has the power to appoint judges to serve on the Supreme Court. void laws passed by Congress. issue executive orders. ratify treaties.

void laws passed by Congress.

Garnishment applies to the judgment debtor's:

wages

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.

What does the Free Exercise Clause require? -Restrictions on religious practices must survive the three-prong test of reasonableness. -Any government employment restrictions related to religion must satisfy two requirements. -No government in the U.S. can create an official religion or favor one religion over another. -Any employer restrictions related to religion must satisfy two requirements.

Any government employment restrictions related to religion must satisfy two requirements.

enabling legislation

Congress creates a federal agency by passing enabling legislation

What is preemption in the Supremacy Clause? -Preemption is not addressed in the Supremacy Clause. It is addressed in other areas of the U.S. Constitution. -Federal law is supreme over state law. -State law that does not conflict with federal law preempts federal law. -Federal law cannot preempt certain areas of state law as delineated in the Supremacy Clause.

Federal law is supreme over state law.

Common Law

Legal precedents created by appellate courts.

the role of a federal administrative law judge

an ALJ presides over an administrative hearing and issue an order that, when final, may be reviewed by a court

The role of a mediator is to:

assist parties in a dispute in resolving their differences out of court.

Breach

defendant breached duty of care

Immanuel Kant believed that the results of a decision are not as important as the reason for making it. This is the principle behind

deontological ethics.

When testifying at trial, the witness for the plaintiff will undergo _______ by the plaintiff's attorney, and a(n) _______ by defense counsel

direct examination, cross-examination

State statutory law is created by: -the governor. -elected congressional members. -elected members of the judiciary. -elected members of the state legislature.

elected members of the state legislature.

Judges have the authority to issue court orders that

place binding obligations on specific people or companies.

When making a decision using the stakeholder theory of management, a business professional would place more weight on which of the following?

the impact of its decisions on employees over the profitability of the business & the harm to customers from using the company's product over profits

Which of the following is a correct statement of federal preemption of state law under the Supremacy Clause? Choose 2 answers. -Federal law only preempts state law when Congress has expressly stated the preemption for the entire field. -Federal environmental laws will always preempt a state's water pollution law for its state parks. -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.

-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.

What is true of corporate political speech? Choose 2 answers. -Corporate political speech is protected by the First Amendment. -Corporate political speech is more restricted than corporate commercial speech. -Corporate political speech is strongly restricted in a presidential election year. -Political donations are protected by the First Amendment as types of corporate political speech.

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

International organizations, such as the United Nations, provide regulatory guidance to their member nations through:

-the adoption of standards. -the establishment of uniform rules.

Which of the following represent two of the potential financial costs of reporting unethical behavior? Choose 2 answer choices. -a decrease in employee morale -the termination of the employee who made the report -the loss of top performing employees -penalties, fines, and lawsuits against the company

-the loss of top performing employees -penalties, fines, and lawsuits against the company

Under which theory of ethics would a decision be ethical if it provides the greatest benefit for the largest number of individuals? -utilitarianism -duty-based ethics -corporate social responsibility -Kantianism

-utilitarianism

How many circuits are the federal appeals courts divided into?

12, including the D.C. circuit

What situation would NOT be regulated by the federal government under the Commerce Clause?

A state requiring lawyers practicing in the state to be licensed

Alternative Dispute Resolution PP

Arbitration: Hiring one or more individuals to decide their dispute Mediation: Hiring an individual to facilitate negotiations and help work out the dispute.

Which of the elements required to prove negligence involve the reasonable person standard? Choose 2 answer choices.

Duty of care. Breach of duty of care.

The United States Supreme Court does not have original jurisdiction in any case

False

What is preemption in the Supremacy Clause?

Federal law is supreme over state law.

U.S. Constitution

First, it establishes the national government of the United States, with its three branches Second, it creates a system of checks and balances among the branches third, the constitution guarantees many basic right to the American people

Which of the following is an example of federal agency regulations that impact business operations? -The Consumer Protection Act -wage and hour laws -Internal Revenue Service rules for business tax audits -U.S. Supreme Court decisions

Internal Revenue Service rules for business tax audits

Which branch of government do you think creates statutes?

Legislature

You live in Texas. During the COVID-19 pandemic, you decide to visit your cousins in New York City. The number of coronavirus cases in New York state is at an all-time low. The number of cases in Texas, however, is at an all-time high. To help control the spread of the disease in New York, the governor of New York issues an order requiring that all visitors from Texas quarantine for two weeks upon arrival in New York. This order will be in effect at the time of your planned trip. You had hoped to visit some of the sites of New York City and do not want to spend two weeks inside at your cousin's house. You believe the order of the governor violates your fundamental right to interstate travel. Does the order of the governor restricting travel violate your substantive due process rights? -No, it doesn't, because the interest of the government in controlling the spread of coronavirus and protecting the health of New Yorkers is a compelling state interest. -Yes, it does, because your plans have been significantly impacted. -Yes, it does, because governments can never interfere with people's fundamental rights. -No, it doesn't, because travel is not a fundamental right.

No, it doesn't, because the interest of the government in controlling the spread of coronavirus and protecting the health of New Yorkers is a compelling state interest.

You have a driver's license, but you are not a careful driver. Indeed, you have been cited for numerous traffic violations including speeding and driving while using a cell phone. The governmental agency in your state that oversees drivers' licenses is the Department of Motor Vehicles (DMV). The DMV has a regulation authorizing the suspension of a license when a motorist has accumulated three or more traffic violations. Because of your driving record, the DMV has suspended your license. You are very unhappy about this because you need to drive to get to school and work. The DMV has an internal appeals process that allows drivers with suspended licenses to ask the DMV to reinstate their driving privileges. Because you need to drive, you want to appeal your case directly to a court and not bother with the DMV appeal procedure. Can you skip the appeal process provided by the DMV and go directly to court?

No, the appeal process provided by the agency, the DMV, must first be pursued.

Before Trial PP

Pleading: 1. Complaint 2. Service 3. Answer 4. Counterclaim 5. Judgment on the Pleadings/Motion to Dismiss Discovery: 1. Interrogatories 2. Depositions 3. Production of documents and materials 4. Physical and mental examinations Summary Judgment: 1. No issues of fact/only issues of law

What is true of corporate political speech? Choose 2 answers.

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

Judge Tatum is a lower court judge in Minnesota. A case comes before Judge Tatum regarding the admissibility of psychologists as expert witnesses. A higher court in Minnesota earlier ruled that psychologists cannot be expert witnesses because they are not medical doctors. Judge Tatum follows this earlier ruling that furthers which goal for which the common law strives? Predictability Flexibility Precedent Judicial discretion

Predictability

Which classification or scrutiny would be appropriate for a court to use to examine a state law regulating the price of milk

Rational Basis Test & Minimal Scrutiny

Which classification or scrutiny would be appropriate for a court to use to examine a state law regulating the price of milk?

Rational Basis Test & Minimal Scrutiny

Which of the following Acts/Law govern to determine whether a provincial law is actually within the power of a province to legislate:

S. 91 and s. 92 of the Constitution

Remedies in equity include specific performance

True

A court has personal jurisdiction over a party in which of the following circumstances

When a party brings a case in its court, When the party's property at issue in the case exists within the geographic boundaries of the authority of the court

an interpretive rule that does not change the law.

Andre is involved in a business dispute with his former partner, Ned. Instead of filing a lawsuit, Andre and Ned decide to use alternative dispute resolution (ADR) to settle their dispute. Andre and Ned choose to present their case to a neutral third party, and that third party will decide the case. The form of ADR that Andre and Ned have decided to use is:

arbitration.

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.

Sanchez and Yan entered into a contract that required Sanchez to deliver twenty textbooks to Yan's bookstore every month by the 15th raised to the th power of the month. Six months after Sanchez and Yan entered into this contract, Sanchez breached the contract by not delivering the textbooks to Yan's bookstore. After Sanchez breached the contract, Yan sued Sanchez for her damages. Yan must choose the appropriate court in which to file her lawsuit. To do this, Yan needs to be sure the court has:

both subject matter and in personam jurisdiction in the case.

What do legal professionals use to analyze court decisions that are relevant to their clients' cases? -promulgation -case briefing -the FLAC method -local court rules

case briefing

Congress passes a law that makes it illegal to discriminate against people based on their appearance. The U.S. Supreme Court examines the law pursuant to a case brought before the Court and rules that the law is unconstitutional and is thereby void. Congress does not approve of this ruling and therefore passes a new law expanding the group of people who may not be discriminated against. This is an example of judicial power. executive power. checks and balances. stare decisis.

checks and balances.

The authors of the Constitution were not content to divide government power. They also wanted to give each part of the government some power over the other branches. This is known as stare decisis. precedent. veto power. checks and balances.

checks and balances.

When an agency needs to enforce law or its regulations, it may exercise these powers:

conduct a hearing to obtain a final order; issue a subpoena; investigate complaints and possible violations of its regulations or the law

A company that has its property taken without permission and then sold or transferred to a third party may sue for what tort?

conversion

Our founders created federalism, which is a triple-layered system of government with a national government, state governments, and administrative agencies all exercising important but limited powers. system where the state governments take precedence over the national government. double-layered system of government, with the national government and state governments each exercising important but limited powers. system where the national, federal government is supreme.

double-layered system of government, with the national government and state governments each exercising important but limited powers.

The Environmental Protection Agency (EPA) is concerned that too much pollution is being emitted into the air over major cities. To effectively reduce this air pollution, the EPA should hold a public hearing about the need to reduce air pollution. investigate the causes of air pollution. propose a bill to resolve it. engage in rule making.

engage in rule making.

The U.S. Constitution impacts state sovereignty by requiring states to honor the public acts of another state through:

full faith and credit.

Service of process refers to:

giving the defendant proper notice that a legal action is pending.

An arbitrator is different than a mediator because an arbitrator:

has the authority to make a binding award.

In order for the provisions of a treaty to apply to a country, the country must:

have ratified the treaty.

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

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? -secondary level scrutiny -intermediate scrutiny -strict scrutiny -rational basis

intermediate scrutiny

If the U.S. Supreme Court determines that a state or federal law violates the U.S. Constitution, it may: -invalidate the law. -modify the law. -interpret the law. -require the legislature to amend the law.

invalidate the law.

When an agency needs to enforce the law or its regulations, it may exercise which of the following powers? Choose 3 answers.

issue a subpoena conduct a hearing to obtain a final order investigate complaints and possible violations of its regulations or the law

In the House of Representatives, a state's voting power is based on its

population.

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

rational basis review

Substantive law governs a person's: -procedural responsibilities. -rights and responsibilities. -ethical responsibilities. -regulatory responsibilities.

rights and responsibilities.

Which of the following tests may be used by a court in a design defect case? Choose 2 answers.

risk-utility analysis consumer expectation test

Three practices to help us avoid ethical traps are focus on the matter at hand, make quick efficient decisions, and consider what will increase profitability. slow down, remember your Life Principles, and do not trust your first instinct. think about what society expects, think about what the global community expects, and follow all national and international mores. go with your gut reaction, ignore any cognitive dissonance, and consider your own ethical values.

slow down, remember your Life Principles, and do not trust your first instinct.

Stare decisis provides our legal system with morality. stability. professionalism. statutory law.

stability

The Environmental Protection Agency was investigating whether Exgrow Inc. violated the Clean Air Act. Exgrow refused to give the EPA its computerized reports concerning pollution. To get the reports, the EPA should use a(n) stare decisis. de novo. excaliber. subpoena duces tecum.

subpoena duces tecum.

An example of a statute would be the president of the United States issuing an executive order banning the use of federal funds for abortion. a North Dakota judge issuing an injunction prohibiting a man from contacting his ex-wife. the Ohio legislature passing a law requiring all bicycle riders to wear a helmet. the Federal Communications Commission instructing all radio stations to refrain from broadcasting "indecent" programming during daylight hours

the Ohio legislature passing a law requiring all bicycle riders to wear a helmet.

Which of the following citations indicates that the citation is referencing state statutory law? Choose 2 answers. -24 C.F.R. Part 570 -856 S.W.2d 12 (Ark. 1993) -Cal. Penal Code § 11164(a) (West 2020) -Ark. Code Ann. § 6-17-2401 (2020)

-Cal. Penal Code § 11164(a) (West 2020) -Ark. Code Ann. § 6-17-2401 (2020)

After all pleadings 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 that was submitted with a couple affidavits attached asks the court for a: 1. judgment on the pleadings. 2. default judgment. 3. judgment as a matter of law. 4. summary judgment.

4. summary judgment.

Granting a Motion for a J.N.O.V. means: 1. that reasonable minds could differ as to the outcome of the trial and therefore the jury verdict must stand. 2. that reasonable minds could differ as to the outcome of the trial and therefore the jury verdict may not stand. 3. the jury verdict was so clearly in line with the weight of the evidence that no reasonable person could find otherwise, therefore an appeal is automatically denied. 4. the jury verdict was wrong and so clearly against the weight of the evidence that no reasonable person could have found as the jury did.

4. the jury verdict was wrong and so clearly against the weight of the evidence that no reasonable person could have found as the jury did.

What situation would NOT be regulated by the federal government under the Commerce Clause? -A state requiring lawyers practicing in the state to be licensed -A local farmer selling goods at a shop that draws many customers from farmers' markets in a neighboring state -International trade of a small business operating in only one state -An individual seamstress who sells things online to customers around the country, but not outside of the U.S.

A state requiring lawyers practicing in the state to be licensed

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.

Does ethical behavior maximize profitability? Yes, there is concrete evidence that ethical behavior will often maximize profitability. No, there is concrete evidence that unethical companies will often outperform ethical companies. Although there is no guarantee that ethical behavior pays in the short or long run, there is evidence that the ethical company is more likely to win financially. There is strong evidence that ethical behavior pays financially in the long run but not in the short run.

Although there is no guarantee that ethical behavior pays in the short or long run, there is evidence that the ethical company is more likely to win financially.

Equal Protection Strict Scrutiny Test

Anytime government action classifies people based on Race or Ethnicity, or if it impacts an individual's fundamental rights the courts will apply the Strict Scrutiny Test. Strict Scrutiny Intermediate Rational Scrutiny Relationship ex: Brown vs. Board of Education same sex marriage

Statutes are laws passed by administrative agencies. state constitutions. Congress or a state legislature. local governments.

Congress or a state legislature.

Powers Granted PP

Congressional Power: Regulation of interstate commerce State Legislative power Supremacy Clause Executive Power: Appointment Legislation Foreign Policy Judicial Power: Adjudicating Cases Judicial Review

What is true of corporate political speech?

Corporate political speech is protected by the First Amendment. & Corporate political speech is protected by the First Amendment.

Which of the following statements accurately defines criminal law? Criminal law regulates the rights and duties between parties. Criminal law results in equitable remedies and money damages. Criminal law concerns behavior so threatening that society outlaws it altogether. Criminal law is a form of constitutional law.

Criminal law concerns behavior so threatening that society outlaws it altogether.

Federalism means that the federal government's laws and policies always supersede those of the states.

False

The doctrine of stare decisis, though vital to the creation of the common law when this country was settled, is not important to our modern, complex society

False

The doctrine of stare decisis, though vital to the creation of the common law when this country was settled, is not important to our modern, complex society

False

A motion for a directed verdict occurs immediately after the last pleading is filed.

False

Courts have increasingly set aside arbitration clauses involving small businesses or consumers.

False

The idea that each person has intrinsic biases that impact their decisions is a component of which school of thought? -Historical School -Natural Law -Positivist School -Legal Realist School

Legal Realist School

Substantive due process places which requirements on all governmental infringements of rights, whether those rights are fundamental or not? Choose 2 answer choices.

Legislation must be fair and reasonable in content. Legislation must further a legitimate governmental objective.

Substantive due process places which requirements on all governmental infringements of rights, whether those rights are fundamental or not?

Legislation must be fair and reasonable in content. & Legislation must further a legitimate governmental objective.

Some presidents have argued that they should have the power of a line-item veto, which is the authority to nullify or cancel specific provisions of a bill, usually a budget appropriations bill, without vetoing the entire legislative package. A line-item veto is a challenge to which of the following principles? The Supremacy Clause Executive privilege The Commerce Clause Separation of powers

Separation of powers

From tax returns, the Internal Revenue Service (IRS) has information concerning Elizabeth Jones. Generally, the IRS may not divulge this information to the Federal Bureau of Investigation unless Elizabeth has given written consent

True

If the president vetoes a bill, it can still become a statute if the House and the Senate approve it by a two-thirds majority.

True

In many cases, a court can exercise jurisdiction over an out-of-state defendant who has done business in the state only over the Internet

True

Law is different from morality, but the two are closely linked.

True

Summary judgment is appropriate when there are no essential facts in dispute

True

The authority of a court to decide certain types of cases is called jurisdiction.

True

The federal government has three branches: executive, legislative, and administrative.

True

The role of the courts is to interpret and apply the laws

True

A court that can only hear disputes involving damages of $5,000 or less has a limited jurisdiction.

True

A judge rules on the admissibility of evidence presented in the trial

True

A peremptory challenge to a prospective juror generally can be exercised without giving a reason.

True

An appellate court determines whether there has been reversible error.

True

Federal district courts are the trial courts of the federal court system.

True

Garnishment is a method for satisfying a judgment against a defendant.

True

Generally, the prevailing party in a lawsuit is awarded the costs of the action, including witness fees and jury fees.

True

If there is a reference to a third party to determine a dispute, in most cases the decision is binding.

True

The Constitution grants many of our basic liberties, such as freedom of speech and free exercise of religion. These liberties are primarily found in the preamble to the Constitution. amendments to the Constitution. body of the Constitution. common law.

amendments to the Constitution.

The United States has taken a position that legal issues are best resolved by lawsuits involving parties with conflicting interests presenting their strongest possible case to a neutral factfinder. Because of this, the legal system in the United States is considered

an adversary system

Congress is concerned that too much pollution is being emitted into the air over major cities. To reduce this air pollution, Congress passes the Clean Air Act. After disagreements over the definition of "pollution," the Environmental Protection Agency (EPA) defines it as anything emitted into the air. This definition is a legislative rule that companies must follow. an interpretive rule that does not change the law. adjudication by the agency. not valid until ratified by Congress.

an interpretive rule that does not change the law.

Emilio loses at trial. He wants to appeal his case because he believes his coworker lied under oath during the trial. Emilio should

appeal his case because the appellate court considers errors of law, and this is an error of law

The president of the United States creates federal common law. can veto congressional legislation. determines the constitutionality of statutes. passes statutes.

can veto congressional legislation.

The term corporate social responsibility is best defined as an organization's obligation to contribute positively to the world around it. maximize profits for its shareholders. be environmentally responsible. value its employees above all other stakeholders.

contribute positively to the world around it.

The principle of stare decisis does which of the following?

creates predictability in the legal system

Judicial review can best be described as the power of a federal court to abstain from adjudicating major issues and to leave such matters to legislatures. take it upon itself to decide issues on constitutional grounds. declare a statute or governmental action unconstitutional and void. take private property for public use.

declare a statute or governmental action unconstitutional and void.

The answer to the complaint is filed by the:

defendant

You own a German Shepherd named Max who you love and adore. You are aware that Max is sometimes aggressive with new people. Because of that, you are usually very careful to prevent Max from running out of the house unleashed. One day, as you open the door to bring in the mail, Max escapes out of the door and attacks a woman walking in the vicinity of your home. The woman suffers significant injuries on her right arm, some of which she claims will leave permanent scars. You feel very bad about this. The woman is now suing you for $18,000 to cover her alleged medical bills, missed time at work, and pain and suffering. To prepare for the trial, you would like to review the woman's medical records, medical bills, work schedule, and salary. Additionally, you would like to have a doctor of your choosing examine her arm and assess the true extent of the injuries. What is the procedure a defendant uses to learn more about a plaintiff's claim before trial?

discovery

The U.S. Constitution is meant as a guideline for the states but does not have to be followed by the federal government. ensures that the United States is not a monarchy. establishes a national government with its four branches and establishes a system of checks and balances among the four branches. establishes a national government with its three branches, establishes a system of checks and balances among the three branches, and guarantees many basic rights to the American people.

establishes a system of checks and balances among the three branches, and guarantees many basic rights to the American people.

In the United States, the powers of government are divided between one national government and 50 state governments. This type of system is called federalism. democracy. confederation. oligarchy.

federalism

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

federalism

The United States invades a small country in Europe. Brittany is upset at this military action and believes what the United States is doing is unethical. In protest, Brittany burns the American flag. Brittany is arrested for this action. At trial, Brittany argues that the First Amendment protects her based on the common law. stare decisis. precedent. fundamental rights such as freedom of speech.

fundamental rights such as freedom of speech.

For the past year, Zegrida has been writing a historical fiction novel based on the experiences of her family as they immigrated to the United States from Latvia during World War II. When finished, she contacted a publisher and was shocked to discover that her book had just been published two weeks ago with Fran, a business acquaintance of Zegrida, listed as the author. Two months ago, Zegrida had asked Fran to review the book and give feedback, but instead, Fran published the book under her own name. Zegrida plans to sue Fran for copyright infringement and is trying to decide in which court to sue. Zegrida must sue Fran:

in federal district court because the suit involves a copyright issue.

Legal realists would claim:

it doesn't matter what the law says, but who enforces it

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

positivism

Under the principle of rights, the term "rights" refers to: -property rights. -the fundamental rights of human beings. -shareholder rights. -citizenship rights.

the fundamental rights of human beings.

Angel works for the Environmental Protection Agency and believes in its mission. She understands that all of the following are true about federal administrative agencies except the heads of administrative agencies are elected. administrative agencies have unique expertise in complex areas where this skillset is needed. the president may nominate the heads of administrative agencies. the rules and regulations of administrative agencies have the force of law.

the heads of administrative agencies are elected.

Zayden was recently arrested for driving while intoxicated. The law in his state defines the crime of driving while intoxicated as operating a motor vehicle on the public roads with a blood alcohol content over 0.8%. State law also states that anyone convicted of this crime has the right to appeal. Zayden recently took a criminal justice course in college and remembers studying the differences between substantive and procedural law. In his current situation, he knows that:

the law that defines the crime is a substantive law, and the law that provides for the right to appeal is a procedural law.

Historically, the common law developed from: -the emergence of courts of law and courts of equity in seventeenth century France. -the movement from religious to secular law in 15th century Europe. -the democratic creation of rules and laws in ancient Greece. -the unification of local customs and laws in feudal England.

the unification of local customs and laws in feudal England.

Which of these is an example of judicial review?

(d) A federal court declares a statute unconstitutional.

Colorado passes a hotel tax of 8 percent for Colorado residents and 15 percent for out-of-state visitors. The new law:

(d) is void, based on the Commerce Clause.

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.

Which of the following are considerations of corporate social responsibility? Choose 3 answer choices. -Environmental impact of a business -Ethical treatment of employees and suppliers -Maximization of company profits -Issues within the community where a business is located

-Environmental impact of a business -Ethical treatment of employees and suppliers -Issues within the community where a business is located

A restriction on commercial speech will be valid if it meets three criteria. What are they? Choose 3 answers. -It must not be financially detrimental to a company. -It must seek to implement a substantial government interest. -It must directly advance a government interest. -It must not be overly restrictive to meet its objectives.

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

What does the First Amendment protect regarding religion? Choose 2 answer choices. -It protects a person's right to hold no religious beliefs. -It protects you from actions by the government and private parties. -It protects the exercise of religious practices. -It protects the favoring of one religion by the government.

-It protects a person's right to hold no religious beliefs. -It protects the exercise of religious practices.

What restrictions on business speech are allowed by the First Amendment? Choose 2 answer choices. -Limitations on advertisements for alcohol -A billboard for a hotel on an urban highway -Some advertising venues for tobacco -Business political contributions to a controversial candidate

-Limitations on advertisements for alcohol -Some advertising venues for tobacco

For an international arbitration to take place under the New York Convention, which of the following must be true?

-The parties must have a written agreement for arbitration. -The agreement to arbitration clause arises out of a commercial legal relationship.

In what situations does federal law preempt state law? Choose 2 answer choices. -When the state law explicitly states it preempts other laws -When Congress passes a law and creates an agency to enforce that law -Federal law preempts state law in all cases -When Congress passes very detailed laws

-When Congress passes a law and creates an agency to enforce that law -When Congress passes very detailed laws

Sofia works in the advertising department of Energy First, a company that manufactures a vitamin supplement that allegedly boosts a person's energy level. Sofia creates an advertisement for the product that states that Energy First has been clinically proven to boost energy levels when she knows that no such study has occurred. Can the government prevent Sofia from making such claims in her advertisements?

-Yes, commercial speech is even more protected under the First Amendment than individual speech. -Yes, the government has a substantial interest in protecting the health of the public, and the restriction on these claims advances that interest without going any further than necessary.

What does substantive due process require? Choose 2 answer choices. -a compelling governmental interest if a non-fundamental right is involved -a legitimate governmental purpose if a fundamental right is involved -a compelling governmental interest if a fundamental right is involved -a legitimate governmental purpose if a non-fundamental right is involved

-a compelling governmental interest if a fundamental right is involved -a legitimate governmental purpose if a non-fundamental right is involved

Legal researchers will use which of the following tools to locate a court decision? Choose 2 answers. -published session laws -published ordinances -online legal research engines such as Lexis, Westlaw, or Bloomberg -bound volumes of reported court decisions, organized by jurisdiction, date, and courts

-online legal research engines such as Lexis, Westlaw, or Bloomberg -bound volumes of reported court decisions, organized by jurisdiction, date, and courts

What are the three levels of scrutiny used by courts to determine the constitutionality of a government action? Choose 3 answers. -factual basis review -strict scrutiny -rational basis review -intermediate scrutiny

-strict scrutiny -rational basis review -intermediate scrutiny

Which of the following are methods of preventing unethical behavior? Choose 2 answers. -terminating an employee for unethical behavior -keeping an attorney on retainer -establishing a company code of ethics -allowing lower-level managers to develop their own ethical rules

-terminating an employee for unethical behavior -establishing a company code of ethics

When the attorney for a party cross-examines a witness at trial, the attorney may: (Choose 2) 1. ask only questions relating to the testimony already given by the witness. 2. ask questions about the witness's character. 3. disregard the rules of evidence. 4. ask the witness about something they heard someone else say.

1. ask only questions relating to the testimony already given by the witness. 2. ask questions about the witness's character.

What is the term for an appellate court's decision to overturn the decision of the lower court and rule in favor of the person filing the appeal? 1. to reverse 2. to vacate 3. to remand 4. to deny

1. to reverse

When an appellate court decides to send a case back to the lower court for a decision on a particular issue, it is called: 1. a retrial. 2. a remand. 3. a dismissal. 4. an appellate review.

2. a remand.

A defendant failed to timely respond to a complaint filed against them. The plaintiff should file a motion for: 1. judgment on the pleadings. 2. summary judgment. 3. default judgment. 4. dismissal.

3. default judgment.

Common Law PP

Based on precedent called "stare decisis" which means "Let the decision stand" Bystander Cases: You have no duty to assist someone in peril unless you created the danger Special exemptions when there is a special relationship (such as between therapist and patient)

Depositions are usually taken in the courtroom for purposes of discovery.

False

If questions of fact are involved, a judge will usually decide the case based on the pleadings alone

False

To initiate a lawsuit, both parties must appear in person and state their claims and defenses in court

False

Federal Court Jurisdiction PP

Federal Question Cases: Claim based on the U.S. Constitution, federal statute, or federal treaty. Diversity Cases: Parties are citizens of different states Amount in dispute is over $75,000

Judge Tatum is a lower court judge in Minnesota. A case comes before Judge Tatum regarding the admissibility of psychologists as expert witnesses. A higher court in Minnesota earlier ruled that psychologists cannot be expert witnesses because they are not medical doctors. Courts in other states, however, have ruled that psychologists can be expert witnesses. Judge Tatum ignores this earlier ruling that furthers which goal for which the common law strives? Predictability Precedent Flexibility Constitutionality

Flexibility

Protected Rights - First Amendment PP

Freedom of Speech: The First Amendment protects the right to speak freely without government intrusion NOT ALL speech is protected though... Government may use reasonable restrictions (Time/Place/Manner) to balance right to free speech with the government's duty to protect its citizens and their rights. (Content neutral restrictions are permitted; Content restrictions are permitted with a compelling government interest) Freedom of Religion: The government may not establish a state sponsored religion nor may it pass laws that promote (aid or endorse) religion or show a preference for one religion over the other. The people can hold any (or no) religious beliefs they so choose.

Under the common law, which of the following is true? -Judges may never deviate from established precedent. -Congress is responsible for interpreting the common law. -In a case of first impression, a judge may use persuasive authorities rather than precedents. -Judges are responsible for the creation of statutes.

In a case of first impression, a judge may use persuasive authorities rather than precedents.

Which statement about interpretive rules is correct? Interpretive rules are the most important agency rules. Interpretive rules do not change the law. Interpretive rules are much like statutes. Interpretive rules are made by the legislature.

Interpretive rules do not change the law.

How does unethical behavior in an organization affect its workforce? It instills fear in employees, making them more productive. It helps workers focus on the goal of profitability. It creates a workforce that is more informed and, therefore, motivated. It creates a workforce that is cynical and resentful.

It creates a workforce that is cynical and resentful.

The U.S. Constitution does which of the following? (Choose 3 answer choices)

It creates three branches of government. It divides ruling authority between a state and the federal system. It provides for the fundamental rights of citizens.

Which of the following lists the steps of a trial in the correct chronological order from beginning to end?

Jury selection, opening statements, plaintiff's case, defendant's case

Using the Front Page test can help people resolve their ethical dilemmas. There are problems with using the Front Page test, however. What is a problem with the Front Page test? It is difficult to measure the utility of an action. The ends do matter. Someone could have legitimate reasons to keep certain things private. It can justify anything.

Someone could have legitimate reasons to keep certain things private.

Which scenario is an example of a true ethics dilemma? The Tipton Company considers running advertisements to publicize the contribution it made to a national charity that offers tutoring to low-income children. Employees at Spiffy Hair Salon ask management if they can set up a booth at an inner-city street fair to give free haircuts to anyone who needs one. Sure-Good Soup Company is thinking about using more expensive organic vegetables in its products to promote consumer health, even though company profits might be reduced. At the request of many customers, Maxim Company considers pulling advertising from a radio talk show that endorses "fringe" conspiracy theories.

Sure-Good Soup Company is thinking about using more expensive organic vegetables in its products to promote consumer health, even though company profits might be reduced.

Your Chicago company negotiates an agreement with a British company for the sale goods. The contract does not specify the law that governs the agreement. If there is a dispute, what law will govern?

The CISG

True

The government has the right to take a homeowner's property for a public purpose.

You've decided to buy some rental property but know very little about the law regarding landlord-tenant relations. You head to the local law library to do a little research on the subject. The law librarian is extremely helpful, and with his help, you have lots of reading material about landlord-tenant law! You discover there are several kinds of law and that some laws are procedural and other laws are substantive. What do you think procedural law covers? -The methods of enforcing the rights established by substantive law. -The punishments for violating criminal laws. -The steps to take in researching the law. -The remedies available when you win a civil lawsuit.

The methods of enforcing the rights established by substantive law.

What two conditions must exist for federal courts to have diversity jurisdiction?

The plaintiff and defendant are citizens of different states, and the amount in dispute exceeds $75,000.

Which of the elements must a plaintiff prove to prevail in a negligence lawsuit?

The plaintiff must address all of the elements.

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

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

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

What authority does the federal government have under the Commerce Clause? Choose 2 answer choices.

To regulate commerce on the national and local levels To regulate international commerce

Trial and Appeal PP

Trial: 1. Voir Dire 2. Opening Statements 3. Burden of Proof 4. Rules of Evidence 5. Plaintiff's Case 6. Motion for a Direct Verdict 7. Defendant's Case 8. Closing Arguments 9. Jury Instructions 10. Verdict 11. Motions After the Verdict Appeal: 1. Affirm 2. Modify 3. Reverse and Remand 4. Reverse

An appellate court can reverse the decision of a trial court that arred

True

Before a lawsuit begins, the court must have proof that the defendant was notified of the lawsuit

True

Civil lawsuits are brought to court by the injured party, but criminal cases must be prosecuted by the government.

True

Discovery is the process of obtaining information from an opposing party before trial

True

Documents filed by both parties at the beginning of a lawsuit are called the pleadings.

True

Mediation tends to keep discussions between parties proceeding.

True

The federal court system consists of three levels.

True

When arbitration is mandatory under a statute, the losing party generally can appeal from such arbitration to a court.

True

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

U.S. Constitution

Which of the following courts determines facts?

US District Court

The ethical model that focuses on the outcome of a decision, as opposed to the motives behind the decision, is:

Utilitarianism

The law is involved in nearly every facet of our lives and has the qualities of being both intriguing and essential. ethical and acceptable by all. applicable to some citizens while nonapplicable to others. constitutional and part of the common law.

intriguing and essential.

If Oregon passed a statute that prohibited liquor stores from engaging in any kind of advertising, that statute would be valid as an exercise of police power. valid, as alcohol is illegal for minors. invalid as a violation of the Commerce Clause. invalid as an unreasonable restriction of free speech.

invalid as an unreasonable restriction of free speech.

The Environmental Protection Agency (EPA) is concerned that too much pollution is being emitted into the air over major cities. To reduce this air pollution, the EPA passes a rule that requires companies to use technology to reduce air pollution. The EPA believes that a California company is not following the rule. The EPA may do nothing; only law enforcement can investigate violations. do nothing; only Congress can investigate violations. investigate the company's finances. investigate the alleged violation.

investigate the alleged violation.

common law

judge-made law, the sum total of all the cases decided by appellate courts

The doctrine of precedent requires that a victim testify. that the defendant testify. a 12-member jury of the defendant's peers. judges to base rulings on previous cases.

judges to base rulings on previous cases.

One of the motions that can be made after a verdict has been entered is a motion for a

judgment not withstanding the verdict.

The judicial branch may limit an administrative agency's actions by which of the following? Choose 2 answers.

judicial review of the agency's regulations judicial review of the agency's orders on appeal

Ways the judicial branch may limit an administrative agency's actions

judicial review of the agency's regulations; judicial review of the agency's orders on appeal

Common law refers to law that is the same or similar in all the states. law made when judges decide cases and then follow those decisions in later cases. law made by legislatures in the form of statutes. the legal systems of France, Germany, and Italy.

law made when judges decide cases and then follow those decisions in later cases.

Which branch of government creates statutory law?

legislative

Dion is head of the National Security Agency, a subagency of the Department of Defense. Dion has held the position for years and feels comfortable that he is secure in his position. However, after Dion holds a press conference where he directly contradicts a statement the president made, he receives a letter from the president removing him from his position. Dion objects to the firing, stating that he can only be removed from office "for good cause." If Dion sues for being wrongfully removed from office, he will:

lose because the president has the power to appoint and remove officers of executive federal agencies.

Which of the following are the TWO types of ADR that result in parties voluntarily signing a settlement agreement rather than proceeding to trial?

mediation and negotiation

The Environmental Protection Agency (EPA) is concerned that too much pollution is being emitted into the air over major cities. To reduce this air pollution, the EPA passes a rule that requires companies to use technology to reduce air pollution. Companies must follow this rule because it is a legislative rule. do not have to follow this rule because it is an interpretive rule. do not have to follow this rule because only statutes, not agency rules, have the force of law. do not have to follow this rule until the president approves it.

must follow this rule because it is a legislative rule.

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

natural law

A legal citation for a court decision is used by legal professionals to research the law, and includes: -plaintiff and defendant names, and facts of the case. -a summary of the case. -party names, location of the published case, court, and date of decision. -party names and the court's holding.

party names, location of the published case, court, and date of decision.

Judges have the authority to issue court orders that require people or companies to appeal their court orders. place discretionary obligations on specific people or companies. require Congress or state legislatures to ratify their court orders. place binding obligations on specific people or companies.

place binding obligations on specific people or companies.

When courts decide a case, they tend to apply the same legal rules that other courts have used in similar cases. The similar case that is applied to the current case is known as precedent. stare decisis. constitutionality. civil law.

precedent

Generally, constitutional protections do not apply to acts of the federal government. state government. administrative agencies. privately owned businesses.

privately owned businesses.

How a hearing or court case is conducted is governed by: -venue. -interpretation. -statutory law. -procedural law.

procedural law.

The goal of utilitarian ethics is to

produce the greatest good for the greatest number of people.

The goal of utilitarian ethics is to establish rules for why certain behaviors are ethical. do the right thing, no matter the result. produce the greatest good for the greatest number of people. establish universal ethical rules that apply to all people.

produce the greatest good for the greatest number of people.

Tarasoff v Regents of the University of California

professionals in certain fields have a duty to warn an individual if they are in danger, even if there is patient confidentiality

Court orders may:

prohibit a party from doing something. compel a party to do something.

Tort law benefits the capital market by protecting which of the following business interests? Choose 3 answers.

property interests business reputation investment in employees

Immigrants are not being treated well at the border due to overcrowding. Communities along the border are becoming concerned about this new development and hope it can be resolved. Senator Maloney is also concerned. As a senator, Senator Maloney is in a unique position to poll society as to what should be done. propose a bill to address this new issue and concern. ignore the issue. research the issue.

propose a bill to address this new issue and concern.

The U.S. Supreme Court hears a case and holds that women who are paid less than men are not entitled to a pay increase. Congress decides this is an unfair ruling. Congress may do nothing. ask the U.S. Supreme Court to rehear the case. propose a bill to remedy this unpopular judicial ruling. request that the president veto this court ruling.

propose a bill to remedy this unpopular judicial ruling.

Which of the following are the two primary types of damages available for an intentional tort? Choose 2 answers.

punitive damages compensatory damages

Joan's lawyer, Albert, feels pretty good about the chances of winning Joan's case. He has found a case directly on point, which means it has the same issue and very similar facts. If the court follows the decision in the case Albert found, then Joan will win her case. Albert argues Joan's case to the trial court, and the trial court decides for Joan. The fact that the trial court decided the case in Joan's favor is an example of:

stare decisis.

Criminal law is usually statutory in nature because statutory law is prospective in nature; a court cannot retroactively declare that an action was a crime. statutory law is more credible than the common law. stare decisis cannot be applied to crimes. precedent cannot be followed in criminal cases.

statutory law is prospective in nature; a court cannot retroactively declare that an action was a crime.

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

the Supremacy Clause

Which of the following is the provision of the U.S. Constitution that establishes federal law precedence over state law? -the Equal Protection Clause -the Supremacy Clause -the Bill of Rights -the Commerce Clause

the Supremacy Clause

Laws are found in different sources, which include statutes, presidential veto, and precedent. precedent, stare decisis, and court orders. the U.S. Constitution, statutes, the common law, and administrative law. the U.S. Constitution, Congressional acts, the common law, and statutes.

the U.S. Constitution, statutes, the common law, and administrative law.

According to Immanuel Kant, the truth should be told, no matter the outcome. This is the idea behind what he called moral universalism. the categorical imperative. moral relativism. the veil of ignorance.

the categorical imperative.

The Kentucky court system has different levels: the district court, a trial court of limited jurisdiction; the circuit court, a trial court of general jurisdiction; the Kentucky Court of Appeals, an appellate court; and the Kentucky Supreme Court, the highest court in Kentucky. The Kentucky Court of Appeals hears a case regarding preliminary breath tests and decides that preliminary breath test results may be entered into evidence at trial. This case is binding on the district and circuit courts. all courts in Kentucky, including the Kentucky Supreme Court. the district court only. no courts, as the use of preliminary breath tests is unconstitutional.

the district and circuit courts.

Judicial Power

the power to interpret laws, to determine their meaning, and to settle disputes that arise within the society

A company exhibits responsible corporate citizenship when it: -maximizes profits for its shareholders. -develops a code of ethics. -uses its wealth and influence to benefit society as a whole. -expands globally.

uses its wealth and influence to benefit society as a whole.

Harold is the owner of Fairway Lawn Service, which provides lawn-care services to residential and commercial customers. Harold regularly sprays his customers' lawns with a pesticide that contains glyphosate. The Environmental Protection Agency (EPA) issues a citation to Harold for commercial use of the pesticide. The EPA says glyphosate can only be used in residential applications. Harold knows that this has not been the law in the past, so he searches the EPA website for information about glyphosate. Harold finds nothing that indicates glyphosate cannot be used in commercial applications, so Harold demands a hearing to dispute the citation he has been issued. Harold will probably:

win because the EPA did not give notice of the rule change regarding glyphosate.

A deposition is or can accomplish any of the following except:

can be used to dismiss the lawsuit.

The types of civil cases that a private citizen can file in federal district courts include:

cases between citizens of different states that involve damages of $75,000 or more.

LAW UNIT 1

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