BULW 3300 Exam 1

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

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

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

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

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

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.

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

Some advertising venues for tobacco & Limitations on advertisements for alcohol

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.

The principle of stare decisis does which of the following?

creates predictability in the legal system

What business speech is protected by the First Amendment?

some types of advertising

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

the fundamental rights of human beings.

A company exhibits responsible corporate citizenship when it:

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

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 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.

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.

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.

What does venue refer to?

geographic location of the court

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

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

invalidate the law

In ethics, compliance with the law is considered:

the moral minimum.

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

with just compensation

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

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

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

What is preemption in the Supremacy Clause?

Federal law is supreme over state law.

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

Utilitarianism

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

both US law and the foreign nation's law

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.

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

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.

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

to discourage importers from underselling US businesses

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.

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.

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

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

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

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

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.

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.

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

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

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

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

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 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.

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

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 information can people request under the Freedom of Information Act?

Agency budget information

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

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.

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

Freedom of Information Act (FOIA).

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.

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

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

Legal Realist School

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.

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.

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

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.

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.

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

Under substantive 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.

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

a quota

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

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

The role of a mediator is to:

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

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.

Which of the following are methods of preventing unethical behavior?

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

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

An arbitrator is different than a mediator because an arbitrator:

has the authority to make a binding award.

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 branch of government has the authority to enact 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.

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.

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

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

morality, or principles of right and wrong

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

natural law

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

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

rational basis review

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.

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

the Supremacy Clause

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

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.

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

Historically, the common law developed from:

the unification of local customs and laws in feudal England.

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

utilitarianism

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.

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.

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

have ratified the treaty.

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.

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 asks the court for a:

summary judgement

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 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

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.

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.

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.

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.

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.

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

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.

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.

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

Peremptory challenges and challenges for cause

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.

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

arbitrary and capricious

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.

How are tariffs used to control imports?

tariffs increase the cost of a product by taxing the importation