LAW 101

In June 1933, Congress established the ____________ to restore confidence and stability to the nation's banking system.

Federal Deposit Insurance Corporation

In the McDonald's hot coffee case, the jury initially awarded the plaintiff $ $200,000 in compensatory damages, but the jury also discussed the extent to which the plaintiff was negligent. In the end, the jury decided that the plaintiff was 20% at fault. Which of the following best states the purpose and effect of the jury finding that the plaintiff was 20% at fault.

The jury used the state's rules for comparative negligence to reduce the plaintiff's compensatory damage award to $160,000

Trastavien Hardy's story involved an innocent person who was accused of a felony and jailed while waiting for trial and a lawyer who normally focused on personal injury law working as his criminal defense attorney. Why did this happen?

The lawyer was appointed because his name was next on an alphabetical list of private attorneys.

According to Chuck McRae, former Justice on the Mississippi Supreme Court, the power to get a group of lawyers who agree on a pro-business, anti-plaintiff point of view on civil litigation elected as a majority of judges on a state Supreme Court will result in. . .

"court reform and that is more deadly than tort reform."

What does the phrase stare decisis mean?

"it stands decided" or "to stand by things decided"

Your textbook describes six areas of tort reform that are presently being challenged. Which of the following is not a focal point of present tort reform efforts?

'Three-strike' laws

When Ruth Bader Ginsburg was asked how she believed the constitution should be interpreted she stated that...

"I think I am an originalist in the sense that [the] Constitution would govern through the ages."

A Law 101 student formed a contract with Big Brutus to "rough up" the Law 101 professor in return for $5000. Under the rules of contract law, this bargain is . . .

void

Prior to the development of the English common law, the legal system of England . . .

was a patchwork of local laws and customs, often applied by local or feudal courts

Oliver Wendell Holmes, Jr. was in college at the time the Civil War broke out. According to Edward White's short biography of Holmes, Holmes . . .

was motivated by his support for the abolitionist cause to leave college and join the Union Army

Lisa Gourley's doctor made mistakes in assessing a variety of risks associated with her pregnancy. Sadly, even after she told her doctor about her experiences and worries, which were symptoms of ongoing and worsening problems with her pregnancy, her doctor failed to follow up with tests that would have likely led to finding the problems. Even more sadly, she ended up having serious complications leading to heartbreaking results. When a court determined that the doctors committed malpractice and awarded the Gourley's compensation, the Gourley's . . .

were awarded $5.6 million, but saw the award automatically cut to $1.25 million

Which of the following statements about tort reform are true?

-According to the documentary Hot Coffee, most efforts at "tort reform" in state legislatures refer to proposals to that would reduce tort litigation or limit civil damage awards, or both -Over the last 20-30 years, Congress has been unable to agree on any major tort reforms. However, pro-business groups have been successful in their efforts to get state legislatures to enact changes to tort litigation such as caps on punitive and non-economic damages -According to the documentary Hot Coffee, the proponents of the "tort reform" efforts that aimed at limiting civil damage awards maintain that those "tort reform" efforts would decrease the number of frivolous lawsuits

Though they lived at different times and there are obvious contrasts in their lives and careers, when we compare the biographies of Ruth Bader Ginsburg and Oliver Wendell Holmes, Jr. we can find some interesting similarities in their lives and careers. More than once, but not all, of the following statements, correctly describe a similarity between these two famous jurists. Select all of the statements that correctly state such similarities.

-Both established careers as practicing attorneys who worked primarily with federal law before being appointed to the bench (to a judgeship), and both were appointed to serve as judges on courts below the US Supreme Court before being appointed—essentially promoted—to serve as US Supreme Court Justices. -Among the many facets of the reputations of both Justices, it is fair to say that both are recognized at least partially because their dissenting opinions have had significant historical and cultural impact.

Suppose a driver who is driving over the speed limit negligently hits and injures a pedestrian who is jaywalking. A jury determines that the driver is eighty percent responsible for the accident, the jaywalker is twenty percent responsible, and the jaywalking pedestrian suffered $10,000 in damages. Which of the following is/are true? (There may be more than one answer).

-In a jurisdiction that recognizes comparative negligence, the pedestrian will be awarded $8,000 -In a jurisdiction that recognizes contributory negligence, the pedestrian will be awarded $0

Who was Fred Phelps? Select all of the following answers that accurately list details about this controversial figure who is closely linked to a famous free speech case and was a significant person in Adrian Chen's article, "Unfollow."

-In the 1960s and 1970s, in addition to being the leader of a church, Fred Phelps had been a committed civil-rights attorney, one of the few lawyers to represent black Kansans in discrimination suits. However, he was a controversial lawyer, and he was disbarred in 1979 -He was Megan Phelps-Roper's grandfather and the founder of the church where his children worshiped and in which his grandchildren, including Megan, were raised to believe that 9/11 was God's punishment for America's sins -Despite being the central figure in running Westboro Baptist Church for 50 or so years, Fred Phelps apparently softened and expressed kindness toward some of his political adversaries near the end of his life and was excommunicated for doing so. (However, the church denies these claims.)

Mandatory arbitration clauses usually disallow which of the following ideas? Choose all of the correct answers (there may be more than one)

-The right to appeal the arbitrator's decision -An employee's ability to choose the arbitrator

Consider the following passages that seem to describe aspects of the Magna Carta. More than one of these passages is accurate. However, at least one is not accurate. Select all the passages that are TRUE.

-This document is credited with establishing the principle that the English government, even with its king as its head of state, was subject to the rule of law, which is the essential idea upon which the United States Constitution is based -English King John reluctantly agreed to sign and place his seal on the Great Charter at Runnymeade, England in 1215 in order to essentially make peace between himself and a group of disaffected English noblemen and barons

On a recent Thursday evening, Micah was sitting peacefully at the bar inside a local restaurant sipping a beer and watching a game. Suddenly, a fight broke out between two other patrons and one of them threw a beer bottle. The bottle-thrower was drunk, had bad throwing mechanics and bad aim, and, consequently, the bottle missed its intended target. Instead, the bottle hit Micah, who was not involved in the fight, across the back of his head. The bottle shattered; the shards of glass cut Micah's ear, cheek, and scalp. Which of the following describe obvious and straightforward legal cases that could result from this incident?

-This is an example of a crime against a person. The state can prosecute the bottle-throwing patron for the act of forcibly making an offensive contact with another person that caused an injury. In fact, the extent of the injuries Micah suffered and the possibility that the bottle could be considered a weapon are potentially the type of "aggravating" factors that would lead to a more serious charge -This is an example of an intentional tort against Micah's person, most likely a battery, committed by the bottle thrower. Micah can sue the bottle-throwing patron for the injuries he suffered

According to Adrian Chen's article "Unfollow," Megan Phelps-Roper, a person closely connected to an important 2011 Supreme Court decision involving freedom of expression, has a compelling story. Consider the following ways to complete this sentence and select all that can accurately complete it based on Chen's profile: Megan Phelps-Roper's story tells us a lot about the exchange of ideas in a democratic society, as she was . . .

-a member of the millenial generation who followed pop culture obsessively and used social-media regularly in addition to being a committed member of the politically active and uncontroversial Westboro Baptist Church at the time the church's notoriety was at its peak -the member of Westboro Baptist who helped push the church into the social-media age, using Twitter to offer a window into life in the church and giving it an air of accessibility -the granddaughter of the founder of the Westboro Baptist Church, who, in her youth, enjoyed picketing with other members of the church

If someone is harmed by a product, they might recover damages based on . . .

-breach of warranty -strict liability -negligence

The affirmative defenses that a defendant may assert against an allegation of negligence commonly include . . .

-comparative negligence -contributory negligence -assumption of the risk

Consider the following statement and select all of the answer choices that can correctly complete it: Tort and contract actions can be differentiated in that . . . -in a tort action the duties are established by the court or legislature; in a contract action the duties are established by the terms of the contract

-in a tort action the duties are established by the court or legislature; in a contract action the duties are established by the terms of the contract -the purposes of the two types of actions is different: the purpose of a tort action is to be fully compensated for any harm caused; the purpose of a breach of contract action is to get the benefit of the bargain.

A person was detained at a store because store employees believed they saw that person shoplifting. After being released, the person who had been detained sued the store and the store employees. Whether the store is entitled to protection from tort liability under a merchant protection statue (a statutory grant of limited immunity) or the common law (many jurisdictions have a common law rule called a "shopkeeper's privilege" will primarily depend on whether . . .

-the detention was for a reasonable amount of time -the store employees' belief (that the plaintiff was attempting to steal something) was indeed a reasonable belief -the detention was affected and conducted and in a reasonable manner

In the famous case Palsgraf v. Long Island Railroad, the plaintiff was waiting at a railroad station when a railway guard pushed a man from behind to help him board a departing train. An unmarked package, containing fireworks, slipped from the man's hand and exploded when it hit the ground. That explosion set off a chain reaction that, in turn, caused a set of scales to fall on the plaintiff, who was injured. The plaintiff sued the railroad, and the court found that . . .

-the railroad was not liable because the woman was not a foreseeable plaintiff -the guard could not have foreseen the risk that he was creating when he pushed the man

The right of privacy has been applied to strike down state laws in a number of cases. From the list below, select all of the rights which have been protected by the right of privacy. (You may choose multiple rights, as more than one of these rights may have been protected as an aspect of the individual's right of privacy.)

-the right to abortion access -the right to access contraceptives -the right of terminally ill patients to die -the right of adults to engage in private intimate conduct (private sexual activity)

Which of the following correctly complete the sentence starts, "The American Tort Reform Association (ATRA) was formed . . ."

-to advocate for laws that would limit the liabilities faced by its members -in 1986 by 300 or so major corporations

Under the plan laid out in the Constitution, the states delegated some (but not all) of their powers to the newly created federal government. Most of these powers are understood to flow directly from the list of subjects about which Congress may pass legislation. We call these Congress's 1.________ powers. For example, Congress may "coin Money," "establish Post Offices," "establish [rules governing] Naturalization," as well as, create and maintain an Army and a Navy. It seemed to the Framers that they had carefully limited the scope of what the federal government could do by explicitly conferring only some specific powers to it. Yet, some people at the time must have doubted this, or, perhaps the Framers thought they should confirm this understanding, because they included the 2.________ Amendment, which expressly states that the state's reserve all powers that were not given to the federal government by the Constitution, in the 3.________.

1. Enumerated 2. Tenth 3. Bill of Rights

After serving in the Union Army during the Civil War, Oliver Wendell Holmes returned to 1.________ in 2.________ to pursue his education to 3.________

1. Harvard College 2. 1864 3. become a lawyer

Match the following clauses with the Amendment in which they were written . . .

1. Privileges and Immunities Clause -Fourteenth Amendment 2. Establishment Clause -First Amendment 3. Right to Bear Arms -Second Amendment 4. Cruel and Unusual Punishment -Eighth Amendment 5. Takings Clause -Fifth Amendment

The holding in Roe created the right to access abortion; however, this right was qualified. States were permitted to ban abortion after 1.________, except in cases where 2.________.

1. viability 2. the mother's life is endangered by carrying the fetus to term

According to the podcast, Citizen's United, before the landmark case Citizen's United v. Federal Election Commission, the ____ restricted the use of _____ directly for or against a candidate.

2002 Campaign Reform Act; corporate money

According to Hot Coffee, the judicial campaign that spends the most money is likely to win that judicial campaign what percentage of the time?

90%

According to the documentary Hot Coffee, the famous case involving the person who sued McDonald's after getting burned by hot coffee demonstrates is an example of what?

A relatively straightforward tort case that was eventually exaggerated and misrepresented in conjunction with public relations campaign in favor of legislation limiting people's rights to sue corporations

The right of privacy is known as an "unenumerated" right. Based on the readings in Scheb and Sharma, an "unenumerated right" is:

A right not written in the Constitution but assumed to be held by the people

In contrast to the unanimous decision he wrote in Schenck v. United States in which the Supreme Court upheld a law that punished speaking out against the government, Oliver Wendell Holmes's reformed his thinking on free speech and dissented in which of the following cases?

Abrams v. United States

Which Supreme Court case led to a dissenting opinion that made explicit a rationale undergirding the First Amendment explaining "that the ultimate good desired is better reached by free trade in ideas — that the best test of truth is the power of the thought to get itself accepted in the competition of the market. . . . That at any rate is the theory of our Constitution."?

Abrams v. United States

According to the Serial podcast, which of the following correctly describes Adnan Syed's statement to Sarah Koenig about his situation?

Adnan told Sarah that he wished that someone would think he was jerk and in spite of that still conclude that he did not commit the crime because the case against him was so flimsy.

Alice no longer likes her ex-friend Barbara (who got a little too friendly with Charlie, Alice's "friend from high school") and, consequently, she wanted to see Barbara suffer. Danielle did not like Barbara, either, and Danielle owed Alice a favor, so Alice decided to ask Danielle to assault Barbara. In spite of her dislike for Barbara, Danielle was shocked by Alice's request and refused to go through with anything related to assaulting Barbara, but Danielle did not report Alice to the police. Which of the following best describes the potential bases for criminal liability at this point in the story?

Alice has the potential for some criminal liability based on an inchoate crime: solicitation.

Congress's enumerated powers are listed in ________ of the Constitution.

Article I, Section 8

What was the first plan for a sort of "national" government for the United States, which set up a federation of the states following the adoption of the Declaration of Independence, but did not provide a way for that newly formed U.S. government to levy and collect taxes, regulate commerce with foreign countries, nor regulate interstate commerce?

Articles of Confederation

According to Sophie DiCara, the author of the Artificial Wombs article provided to you in the ICT assignment, artificial wombs "spell trouble for abortion rights." Which of the following most correctly describes Sophie DiCara's concerns?

As artificial womb technology progresses, a fetus will become viable earlier in a pregnancy. While this technological advancement has obvious health and safety benefits, it threatens the legal protection of abortion rights under the current "viability" standard

Both William Blackstone's Commentaries on the Laws of England and Oliver Wendell Holmes's The Common Law were important writings that influenced legal thinking in America. Which of the following statements about one or both books best compares those influences?

Because it organized and stated the principles of the English Common Law, Blackstone's work was a significant resource in legal circles in America in the late 1700s and early 1800s. Holmes's work was a shorter and later piece (from the 1880s) about how common law judges made their decisions. In it, Holmes explained that judges responded to the felt necessities of the times rather than some immutable natural law and logic

Why did Ruth Bader Ginsburg disapprove of the Supreme Court's decision in Roe v. Wade?

Because she fundamentally does not believe that large-scale social change should come from the courts

Ralph watches in horror as Jim points a gun at Ralph. Jim aims and fires a bullet that goes through Ralph's shirt sleeve, barely missing his arm.

Both an assault and a battery have been committed

________ courts were allowed to give equitable remedies under the English common law.

Chancery

Which of the following statements about the contrast between common law systems and civil law systems is TRUE?

Common law systems rely upon judicial precedents and utilize juries in an adversarial system for trials; whereas, civil law systems rely on a code of laws, and some even employ an inquisitorial process for trials in which the civil law judge prepares the case for trial and even investigates the facts of the case

Which statement is accurate concerning crime in a historical context in the United States?

Crime and violence have been common since the nation was first formed and are not new social problems.

Lawyers may enter into an arrangement with a client whereby the lawyer will be compensated some agreed-upon percentage of the client's economic recovery, if the client is successful at trial. What type of fee arrangement is this?

Contingency Fee

The fundamental theme connecting contract law and tort law is that the law enforces obligations and will hold a person liable for not living up to a legal obligation. Which of the following statements most accurately takes that theme one step further and states how contract law and tort law diverge?

Contract law enforces the obligations you voluntarily commit yourself too. Tort law enforces your societal obligation not to harm others

While shopping with her mother in Arnold's Super Market, eight-year-old Janet was allowed to roam around freely. Without her mother's knowledge, Janet opened a jar of jelly and spilled the contents on the floor. Two hours later while intently watching a good-looking butcher, a shopper named Bernadette slipped on the jelly and broke her leg. Bernadette sued the supermarket. Since Bernadette was looking at the butcher and not where she was going, the following defense might be successfully asserted against her:

Contributory negligence

In terms of the law and the legal system, the American Revolution. . .

D. was different from many other revolutions in the sense the Americans largely wanted continuity: they wanted to maintain colonial traditions and ways of life, including their legal traditions and law

In 2017, the House of Representatives contemplated passed "The Lawsuit Abuse Reduction Act." According to Representative Lamar Smith of Texas, the Act is intended to do all of the following except which one?

Ensure that plaintiff's may recover for pain and suffering damages as determined by a jury

In 1942, sisters Marie and Gathie Barnette objected to and did not participate in a part morning routine at their grade school: they refused to salute the flag and repeat the Pledge of Allegiance. The girls were students at a public elementary school in West Virginia, and West Virginia state law required all students to participate in the flag salute. The sisters were also Jehovah's Witnesses, and their parents did not believe in making such salutes and oaths, so the parents had instructed the girls to not participate in the compulsory flag salute routine. In spite of their religious based objections to the flag salute, the sisters had been punished for refusing to join in. They were expelled from school, and so the Barnettes challenged the expulsion in court. The Supreme Court agreed to review the case, so, in 1943, at the height of the Second World War, the court heard a challenge by a Jehovah's Witness family to the expulsion of their children. A recent Supreme Court precedent had upheld a similar case—one in which young students had been expelled from public school after they had refused to participate in a flag salute due to their religious views. What had changed between that recent precedent and the Barnette's case?

Even amid the patriotic displays associated with the mobilization for war, the degradations of Nazi Germany had impressed themselves upon the American conscience—including the consciences of individual justices. Those justices had come to realize that coercing patriotism was contradictory to the freedoms protected by the First Amendment

A boy, as a "practical joke," pulls out a chair just as his friend is about to sit on it. The friend falls to the ground, breaking his arm.

Even though the boy did not mean to hurt his friend, he is liable for battery.

Which king of England was most involved in the early development of the central judiciary and, therefore, the core principles of what became the common law?

Henry II

In which of the following situations has a mutual benefit bailment been created?

For a minimal fee, Nadine checks her faux fox coat with the check service offered at a restaurant

The ________ Clause prohibits a majority from enacting laws that either prohibit or inhibit individuals who hold religious views that differ from those of the majority from participating in or practicing their chosen religions.

Free Exercise

The term "culture wars" represents several constitutional issues that continue to be at the heart of political debates as well as Supreme Court cases. Please select all of the central issues that are involved in the "culture wars"

Free speech and hate speech Right to privacy (incl. abortion and marriage) Freedom to travel and immigration Religious "liberty" and religious expression Second Amendment: gun rights vs. gun control Equal protection and affirmative action equal protection and LGBTQ issues Due process and felon rights

____________ was the first case to articulate a constitutional right to privacy. This constitutional right is considered to be a __________ right.

Griswold v. Connecticut; non-textual

Which of the following statements best encapsulates Oliver Wendell Holmes's experience related to the Civil War?

Holmes believed in the abolitionist cause, so he joined the Union Army and served in the Army of the Potomac. During the war, he was wounded three times, and came to fear the constant threat of death. Yet after the war, he came to feel that his experience in the Civil War was one of the most meaningful and uplifting of his life

Who is referred to as the "Father of the Constitution" and why?

James Madison is known as the Father of the Constitution because of his pivotal role in both drafting the document at the Constitutional Convention and in promoting its ratification.

Jill and Samantha were arguing. Soon Jill lost her patience, and in an effort to make Samantha pay attention to what she was saying, she punched her lightly in the arm. Unbeknownst to Jill, Samantha had recently undergone surgery on her arm, and the light punch ruptured her sutures, causing her a great deal of pain.

Jill will be liable to Samantha for her medical bills and pain and suffering because she intentionally hit Samantha on the arm

The common law is a body of law that is developed through which branch of government?

Judicial branch

In a dissenting opinion in the 1983 case City of Akron v. Akron Center for Reproductive Health, who famously predicted that the Roe framework "is clearly on a collision course with itself"?

Justice Sandra Day O'Connor

There has been a lot of debate over the constitutionality of the Roe v. Wade decision. When it was decided, both Justice White and Justice Rehnquist dissented. Which answer most correctly summarizes the reasoning for these dissents?

Justice White believed that the right to an abortion was not in the Constitution and, therefore, was purposefully excluded by the drafters of the Constitution. Justice Rehnquist wanted the issue to be left to the states; this type of ideology strongly embodies the principle of federalism

According to Hot Coffee, who was considered to be the architect of 'court reform' in the late 1980s and 1990s?

Karl Rove

Of the 50 U.S. states, the only one that it did not choose to essentially follow the English common law was . . .

Louisiana

Maddisen is facing prosecution after she stole UO students' identifications and in an effort to help people (not citizens of the United States) come into the United States from other countries and avoid normal immigration and customs rules. No one has been hurt; she did not advance any terrorist plots; but she was using deceit and concealment to avoid requirements set in immigration and customs law. Which of the following is most likely true?

Maddisen will be prosecuted for federal crimes by a U.S. Attorney representing the government of the United States.

In his famous Letter from the Birmingham Jail, ______ defended his disobedience of a law he regarded as unjust.

Martin Luther King, Jr.

In addition to the Fourteenth Amendment's due process clause, the plaintiffs in Roe also relied on the _____ Amendment, because this Amendment states that there are other rights that may exist in the Bill of Rights aside from those that are explicitly mentioned.

Ninth

According to Sophie DiCara, author of the Artificial Wombs article provided to you in the ICT assignment, what major change occurred between Roe (1970's) and Planned Parenthood (1990's) that influenced Justice Sandra Day O'Connor's shift from the trimester framework to the "undue burden" standard?

Medical technology ensured fetuses were viable prior to the third trimester and abortions had become safer

Lillian Gobitis, age twelve, and her brother William, age ten, were expelled from the public schools of ____________ for refusing to salute the national flag.

Minersville, Pennsylvania

News outlets reported in early 2018 that the Trump administration has eased punishments for businesses (like energy companies) that built infrastructure which incidentally killed migratory birds. As explained in those news reports, and as described in an assigned podcast, most birds in the U.S. have been protected under a 100-year old federal law, the Migratory Bird Treaty Act. But recently, the Trump administration made a major change to how that law is enforced, and the change is a benefit the energy industry. Which case, involving Oliver Wendell Holmes, involved the same act and dealt with vertical federalism?

Missouri v. Holland

Which of the following most correctly describes the status of abortion law in the United States prior to Roe v. Wade?

More than two-thirds of states had strict regulations on abortion procedures, leading many women to travel across state lines in order to receive an abortion legally

Caps on damage awards have been proven to . . . (Hint: Think about the Gourley's case in the Hot Coffee documentary.)

None of the above

From its founding, the United States has been committed to the rule of law. What does that mean?

Our laws govern the nation, which contrasts with governing systems in which arbitrary decisions by individual government officials set the norms and rules for society

In the McDonald's Hot Coffee case, the jury deliberated and awarded Ms. Liebeck $2.7 million in punitive damages. Which statement most accurately reflects the jury's decision?

Punitive damages are assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in similar conduct. In this case, $2.7 million dollars was intended to punish McDonalds because they knew of the temperature issue with their coffee, yet declined to fix it

Justice Blackmun, the author of the majority opinion in Roe, became a divisive figure in women's rights. Prior to his role on the Court of Appeals and Supreme Court, what was Justice Blackmun's job?

Resident counsel for the Mayo Clinic, a very influential non-profit medical group

Match the Supreme Court Justice that is associated with each of the following Substantive Due Process cases:

Roe v. Wade: Blackmund/majority roe v wade: scalia/dissent lochner v ny: holmes/dissent planned parenthood v. casey: oconnor/plurality

In Abrams v. United States, the Supreme Court's majority opinion upheld the criminal conviction of protestors who distributed pro-Russian leaflets in 1918. But Oliver Wendell Holmes disagreed with the majority, so he wrote a historically significant dissenting opinion. In his dissent, Holmes explained that freedom of speech protected the "free trade in ideas" which helped "search for truth," which was necessary in a democracy. This dissent marked a contrast with some earlier decisions, in which Holmes had joined the Court's majority, that upheld similar convictions. In fact, Holmes's dissent in Abrams came less than a year after he had articulated the "clear and present danger" test in the unanimous decision he wrote in . . .

Schenck v. United States

Which decision from Supreme Court laid out the first real test for free speech challenges by stating, "The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent."?

Schenck v. United States

Which of the following actions would make Sarah liable for a battery?

She publicly confronts her ex-husband because he has not paid child support and slaps him

What was Stella Liebeck's role in the case Liebeck v. McDonald's Restaurants?

She was the plaintiff in tort suit against McDonald's after she was severely injured by scalding hot coffee

Which Supreme Court case reaffirmed the idea that even highly "offensive" speech is protected under the First Amendment with a decision written by Chief Justice John Roberts in which he explained, "Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow and—as it did here—inflict great pain. On the facts before us, we cannot react to that pain by punishing the speaker. As a nation, we have chosen a different course—to protect even hurtful speech on public issues to ensure that we do not stifle public debate."?

Snyder v. Phelps

The case involving members of the Westboro Baptist Church, who held up signs with offensive messages about homosexuals and the military during funerals for American soldiers, was known as ______, and it involved the freedom of _______.

Snyder v. Phelps; speech

Which of the following crimes is classified as inchoate?

Solicitation

How does the doctrine of stare decisis help in creating stability in a legal system?

Stare decisis allows courts to use of precedents developed in previous cases when deciding new cases with similar facts and legal questions

If someone is harmed by a product, they might recover damages based on

Strict liability Negligence Breach of warranty

Oliver Diaz is a former justice on the . . .

Supreme Court of Mississippi

In a 2017 appearance before the Senate Intelligence Committee, former FBI director James Comey testified that President Trump said to Comey that he "hoped" Comey could "let go" of any investigation into Michael Flynn. Then, when asked specifically if he would take the president's statements as a directive, Comey answered, "Yes. It rings in my ears as kind of 'Will no one rid me of this meddlesome priest?'" In this answer Comey repeated a famous (or infamous) quote attributed to a medieval king of England, that led to the murder of the archbishop. The senator who questioned Comey, and many in the room witnessing the exchange, recognized the quote and its meaning. More than anything, this demonstrates what about our American legal system?

The American legal system, with its deeply engrained notions about the rule of law, shares memories and cultural understandings that date back hundreds of years with its predecessor system's—the English common law—tradition

The colonists brought with them to America core cultural understandings of the concept of English Common Law and the rights of Englishmen. In contrast, in the aggregate, they brought only a simplified and incomplete knowledge of the substantive rules of the English Common Law. The "Founders," the colonists in America who declared independence from England in 1776, inherited and shared those core cultural understandings of law. Which of the following would NOT have been a part of this combined set of knowledge and cultural understanding?

The Americans would have understood that governments had to provide for equal protection of the laws for minority groups in all government programs

How was the Supreme Court's decision in West Virginia State Board of Education v. Barnette related to its earlier decision in Minersville School District v. Gobitis?

The Barnette decision reversed the approach the Court took in its Gobitis. According to Jeffrey Toobin the Barnette decision was one of the great reversals in Supreme Court history ??

According to the article "It's Unconstitutional," President Trump's executive order travel ban is unconstitutional based on what part of the Constitution?

The Establishment Clause of the First Amendment

The Fifth and Fourteenth Amendments both contain a due process clause. Which statement most accurately reflects the authority of the Fifth and Fourteenth amendment?

The Fifth Amendment always prohibited the federal government from violating an individual's due process rights. The Fourteenth Amendment utilized this same language and, over time, began to apply those same rights against state and local governments. This process is known as selective incorporation.

Which of the following best states the result of the U.S. Supreme Court landmark decision Missouri v. Holland?

The Supreme Court upheld the constitutionality of the Migratory Bird Treaty Act because the Constitution makes treaties the supreme law of the land, which effectively trumps any state-level concerns with regard to the provisions of any treaty

Since roughly the 1960's, the Supreme Court has utilized the principle of substantive due process to invalidate state and federal laws that violate the "right of privacy." Which statement most correctly describes the Supreme Court's doctrine of substantive due process prior to the 1960's?

The Supreme Court, from approximately 1890 to 1937 (the Lochner era), invalided state and federal laws regulating aspects of economic life

Oliver Diaz had to stand for election and then re-election for his judicial position. ________ funded negative campaign ads against judicial candidate Oliver E. Diaz and in support of candidate Keith Starrett.

The U.S. Chamber of Commerce

The Supremacy Clause of the U.S. Constitution established which of the following principles?

The U.S. Constitution, treaties, and laws enacted by Congress are the supreme law of the land

In 1940, the Supreme Court reviewed the case of a brother and sister, ages ten and twelve, who had been expelled from their hometown's public schools. The siblings were being raised in a religious tradition, and, due to their religious convictions, they had refused to salute the flag, something state law required of all students. The siblings appealed their case to the Supreme Court arguing that the state law requiring the flag salute infringed on their First Amendment rights to freedom of religion and speech. And they asked the Court to void the school's decision to expel them. However, in an eight-to-one decision, the Court rejected the students' claims. In that decision, the Court explained that "[c]onscientious scruples have not, in the course of the long struggle for religious toleration, relieved the individual from obedience to a general law not aimed at the promotion or restriction of religious beliefs." This turned out to be a famous decision of the Supreme Court from the period leading up to World War II. Which of the following statements best describes this case?

The case was Minersville School District v. Gobitis, and in the decision, Justice Frankfurter stated that "[n]ational unity is the basis of national security." He reasoned that the majority in the school district was choosing to promote national unity (and thereby national security) by requiring the flag salute

According to the documentary Hot Coffee, many Americans have a fundamentally flawed and incorrect view of the civil justice system. That flawed view is best characterized by which of the following statements?

The civil justice system is flooded with frivolous lawsuits filed by greedy people seeking jackpot justice along with the help of predatory trial lawyers

Late Supreme Court Justice, Antonin Scalia was a strong defender of "Originalism" when it came to constitutional interpretation. An originalist view means...

The constitution should be interpreted as it was understood by society when it was written, not as it is understood by society today and that we should look at the intent of the original framers when interpreting the constitution.

What is the most typical burden of proof a plaintiff must meet in order to prevail in a civil suit?

The plaintiff must demonstrate his/her case is true by a preponderance of the evidence

How would you best summarize The Daily - Part 2's main takeaway from the culture wars that took place in the ten years following the Roe decision?

The politicization of the evangelical movement and the "moral majority," espoused by Ronald Reagan and Jerry Falwell, came into direct conflict with the feminist pro-choice movement of the late 1970s. This conflict resulted in the stark partisan divide that we have today in the abortion debate

When an employee signs an employment contract that has a forced arbitration clause, the employee has effectively given up what?

The right to seek redress in court if she was wronged in some way in conjunction with her job

From 1887 through 1914, Congress enacted a series of legislative programs—the Interstate Commerce Commission Act, the Sherman Antitrust Act, the Clayton Act, and the Federal Trade Commission Act. Which of the following statements about this series of acts is FALSE?

These acts are emblematic of how American law (and the courts) seemed to favor rapid growth and economic enterprise in the first 150 years of the nation's existence

Holmes's opinions in Schenck v. United States (1919) and Abrams v. United States (1919) and the Supreme Court's majority opinions in Minersville School District v. Gobitis (1940) and West Virginia State Board of Education v. Barnette (1943) demonstrate which of the following ideas?

Though it is rare, Supreme Court justices do change their minds, and when they do, the results can include dramatic statements about the direction of the law

Sally and Tom went to a baseball game between the Tigers and the Astros together. Though this was the first time the two of them went to a game together, both Sally and Tom had attended many games before, and, so, they both knew that sometimes fly balls went into the bleachers. At the bottom of the ninth, a fly ball hit Tom in the head. Tom sued the baseball stadium for negligence. He had a black eye, a cut, lots of swelling, and a nasty headache, but, fortunately, he has since fully recovered from the injuries.

Tom will probably lose his suit because he assumed the risk of injury

In tort law, a tortfeasor has acted intentionally with respect to another's injury when that tortfeasor desired to cause that injury or when that tortfeasor was substantially certain that the injury would occur. What principle of tort law does this statement detail?

Tort law requires a potential plaintiff to prove the tortfeasor's mindset was essentially that of "general intent" in order to make out a claim for an intentional tort

How did Norma McCorvey become the infamous plaintiff, Jane Roe, in the landmark case Roe v. Wade?

Two young lawyers were looking for a case that they could take to the Supreme Court to argue the constitutionality of abortion laws across the country; Norma McCorvey fit the mold they were looking for and they asked if they could take her case.

During the Civil Rights Movement (as in several other instances by members of protest movements in our history), people violated the positive law; in other words, they intentionally disobeyed the commands and rules of the sovereign government. How was that disobedience justified?

Typically, such disobedience is justified by an appeal to natural law—the idea that there are universal principles of morality and justice that transcend the positive law and to which the positive law must yield

Which of the following do NOT represent a major 1st Amendment case

United States v. Virginia Griswold v. Connecticut Brown v. Board Roe v. Wade

Pro quarterback Colin Kaepernick, who chose to kneel instead of standing during the national anthem before football games can be analogized with the plaintiffs which Supreme Court case?

West Virginia State Board of Education v. Barnette

Which Supreme Court decision tells us, "If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion, or force citizens to confess by word or act their faith therein. If there are any circumstances which permit an exception, they do not now occur to us."?

West Virginia v. Barnette

Snyder v. Phelps involved . . .

a distinction between speech on issues of public concern and speech that is calculated to injure, defame, or incite violence

Jenny Stover was arrested outside of a storage facility on the westside of Portland. When she was arrested, she possessed weapons, tools that could be use open locks, and items stolen from inside the storage facility. Consequently, the police initially charged Jenny Stover with a felony. If this arrest leads to formal charges, the case will be prosecuted by . . .

a government official, who is a lawyer, employed (or contracted) by the local district attorney's office to prosecute such crimes.

Being sentenced to spend in time in the stocks an example of . . .

a punishment that would be considered cruel and unusual today. how colonial societies, with their severe shortages of labor, punished offenders using shame and stigma and then quickly returned them to the community.

The Federal Aviation Administration (FAA) was created by Congress to regulate civil aviation, like the Food and Drug Administration or the Securities and Exchange Commission, the FAA is an example of. . .

a regulatory agency within the executive branch

In determining whether a contractual agreement has been reached, the difference between using a subjective and an objective test is that . . .

a subjective test is based upon the parties' actual intent whereas an objective test is based upon whether a neutral outside observer would have discerned a serious intent to be bound

Jackson was just found guilty of a misdemeanor. He faces some degree of punishment, but he can be sure that his punishment will not include . . .

a three-year sentence in a federal prison (and of that sentence, he may only be in prison for 11 months before being let out of parole). the death penalty.

Alan phoned Basil and offered to sell him "my farm in North Carolina for $250,000." Basil said, "I accept." Alan actually owns two farms in North Carolina. Alan was referring to his 5-acre farm, which is near Kinston; whereas Basil was referring to Alan's 10-acre farm outside Charlotte. With regard to the agreement, . . .

a valid contract has not been formed

Historically, the common law distinguished different parties to crimes and classified the parties as either principals or accessories . The common law then apportioned criminal liability based on classification. In contrast, the modern approach is to merge most of the categories and hold accomplices to same level of culpability as perpetrators with the exception that accessories-after-the-fact are still considered less culpable.

accessories . accomplices accessories-after-the-fact are still considered less culpable.

Historically, the common law classified how a person was connected to perpetrating a crime. Then, the common law apportioned criminal liability (or degree of fault) based on that classification, making several distinctions in degree of fault and extent of punishment. In contrast, the modern approach merges most of the categories and holds anyone who aids or abets a crime to the same level of culpability as the main perpetrators of the crime with one exception: ________ are still considered less culpable

accessories after the fact

In Buck v. Bell, the Supreme Court . . .

addressed the constitutionality of a Virginia law that allowed for sterilization of residents of state facilities who had been classified as mental defectives by state officials

The River City Zoning Commission, the Oregon Department of Environmental Quality, the U.S. Bureau of Land Management, and many other executive-branch agencies write and issue regulations that have the effect of law. These regulations constitute . . .

administrative law

When Oliver Wendell Holmes practiced law as a member of a private law firm in Boston, he developed a sort of specialty in which area of the law?

admiralty

To prove that an assault occurred, a plaintiff must prove the following:

an intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact

The federal government and each of the 50 state governments maintain their own systems of courts. These systems include both trial courts and ______ courts.

appellate

Supreme Court Justices are ______ by the President for ______ .

appointed; life

Punitive damages are. . .

awarded to a plaintiff as a method of punishing a defendant whose conduct evidences gross negligence

To convict a person of a crime, a court must find that person guilty . . .

beyond a reasonable doubt

Mandatory arbitration clauses in contracts . . .

can cut off a person's access to courts

When a private party acts carelessly (or even intentionally) and causes an injury to another party, that injured party has a right to hold the party that caused the injury (the wrongdoer) accountable. When the injured party uses the courts and law to hold the wrongdoer accountable, the injured party is using the . . .

civil justice system

When both state and federal governments have the right to regulate an area, those governments have . . .

concurrent jurisdiction

The most common defenses available in tort cases involving intentional conduct that has led to another person suffering an injury or damages include . . .

consent, self-defense, defense of third parties, and various types of privilege

The original seven articles that composed the U.S. Constitution of 1787 prohibited Congress and the state legislatures from adopting both (1) ____________, which are laws passed after the occurrence of an act that alter the legal status or consequences of that act and (2) ____________, which are laws that impose punishment upon a person without benefit of a trial in a court of law.

ex post facto laws; bills of attainder

Tarheel Motors is a nationwide automotive dealership network headquartered in North Carolina. At the Tarheel Motors Auto Store in Beaverton, Oregon, the two leading salesmen got together with one of the service department technicians and the group of three made a plan to make used vehicles that have been traded-in seem more valuable before they were put out for re-sale. The service technician would "roll back" the cars odometers, making it appear that the car had been driven fewer miles. One salesman would then falsify the title documents, making the car seem newer. The third salesman would doctor photographs of the car to make the pictures in advertisements and the store records match the doctored records for the car. Over several years, these three employees did this to around 200 cars and the result was that they defrauded customers of an estimated $600,000. When the actions were discovered, the dealership faced civil litigation—a class action lawsuit worth over $2,000,000, and the three individuals faced criminal charges. In addition to the crime of fraud (obtaining another's money by false pretenses), the three were likely guilty of . . .

conspiracy, forgery, and uttering a forged instrument.

Under the common law doctrine of ___________, a plaintiff who is partially at fault for his or her own injury cannot recover any amount against a negligent defendant.

contributory negligence

Like Medicaid, the government program known as Aid to Families with Dependent Children, or AFDC, was set up on the model of ____________ in that most of the money came from the federal government while the states actually administered the program and set eligibility requirements and benefits within parameters established by federal law.

cooperative federalism

In his article about Ruth Bader Ginsburg, Jeffrey Toobin suggests that Ginsburg's approach to judicial decision-making is clearly demonstrated by her . . .

criticism of the Court's decision in Roe v. Wade

Florida's Stand Your Ground law authorizes citizens to use __________ when they reasonably believe that their homes or vehicles have been illegally invaded.

deadly force

As an advocate before the Supreme Court in the 1970s, Ruth Bader Ginsburg argued, for the first time, that the Fourteenth Amendment's Equal Protection Clause ("no state shall . . . deny to any person within its jurisdiction the equal protection of the laws") prohibited . . .

discrimination on the basis of sex, not just race

Assume that a criminal defendant claims that she was the victim of a criminal kidnapping and was forced by her kidnappers to commit the crimes with which she is accused. Assume further that she could prove that she had complied with their demands only because her captors had threatened to kill her if she resisted. What defense would be appropriate for her to adopt at trial?

duress

The five basic elements in a negligence case are:

duty, breach of duty, but for cause, proximate cause, and harm

The ____________ branch of the federal government has the power to enforce the law.

executive

Until a contract has been fully performed, it is said to be . . .

executory

When someone is harmed, the law may hold a person who caused the harm liable to the person who suffered the harm through a negligence cause of action. And, assuming the person who caused the harm failed to be attentive, aware of his or her environs, careful, even-tempered, or conscientious when he or she made took the action that led to the harm, then the person who caused the harm . . .

failed to meet the ordinary "reasonable person" standard of care

A system of government in which the people are regulated by both federal and state governments is known as . . .

federalism

The Daily podcast details multiple ways pro-life advocates protested abortion clinics in the 1980s. Which of the following was not a protest tactic described by the podcast?

flying large banners over towns with pictures of abortion procedures

The term assault can apply to an intentional tort or a crime. In Oregon and many other states, criminal assault . . .

generally refers to the purposely, knowingly, or recklessly causing bodily injury to another, or negligently causing bodily injury to another with a dangerous or deadly weapon.

When a defendant loses a criminal trial and is ordered to serve a prison sentence, we say that the defendant is . . .

guilty as charged

In terms of protecting individual rights, the US Constitution . . .

has very few provisions in its original seven articles that deal with individual rights

Planned Parenthood v. Casey abandoned the trimester framework of Roe. In Casey, the Supreme Court held that abortion regulations were allowed prior to the point of viability so long as the regulations did not ________ a woman's constitutional right to abortion

impose an undue burden on

Marbury v. Madison established the concept of Judicial Review and set the precedent that the Supreme Court has the power to declare any law...

invalid if found unconstitutional

What is the function of the judicial branch of the federal government?

it has the power to interpret and determine the validity of the law

Justice Rehnquist's dissent in Roe stated that the Supreme Court should not be the one to determine that abortion is protected by the right to privacy. His dissent shows that Rehnquist thought the majority opinion was . . .

judicial overreach

Susan was appointed by the president and confirmed by the Senate to a seat as a judge on the U.S. Court of Appeals for the Ninth Circuit. Like all federal judges, from time to time, Susan must decide whether the laws or actions of other branches of government are constitutional. The process for making this determination is known as . . .

judicial review

Under the U.S. Constitution, individual states do not have the power to enter into ____________, which are compacts made between two or more nations.

treaties

While shopping with her mother in Arnold's Super Market, eight-year-old Janet was allowed to roam around freely. Without her mother's knowledge, Janet opened a jar of jelly and spilled the contents on the floor. Two hours later while intently watching a good-looking butcher, a shopper named Bernadette slipped on the jelly and broke her leg. Bernadette sued the super market. Most likely, Arnold's is . . .

liable for negligence

Ordinances are codified laws that are issued by . . .

local government bodies

Carol Anne Bond tried to poison the woman, a former-friend, who had had an affair with her husband. More specifically, she stole chemicals from the place where she worked and smeared them on the doorknobs of the other woman's house and on her car doors and mailbox. The other woman suffered a mild chemical burn on her thumb. Local police did not respond immediately to the complaints, but some law enforcement officers eventually did investigate, and Bond was caught. As a result, she was indicted for . . .

major federal crimes including a felony related to international terrorism

The idea that protection of free speech creates _______________ where the ability to share beliefs, proposals, and critiques will lead society toward an ideal democracy, was first coined by ___________________ . This idea can be understood in modern pop culture by looking at the change/evolution of beliefs held by __________________ after engaging in various types of discourse on social media.

marketplace of ideas Oliver Wendell Holmes Megan Phelps Roper

Under common law rules, ______________ was defined as the "unlawful killing of another with malice aforethought."

murder

A strict liability lawsuit is easier to prove than one based on negligence because under strict liability there is no

need to show that the defendant's negligence caused the defect

In which century did police agencies begin to appear in the United States?

nineteenth

If the state legislature in South Dakota enacted a law that conflicts with a valid provision in the U.S. Constitution, the South Dakota law could be enforced by . . .

no one

On the morning of the trial, the assistant district attorney told Trastavien Hardy's defense attorney that he was going to . . .

nol pros (ie, not pursue) the prosecution; in other words, drop the case.

Rights that have been protected in substantive due process are best characterized as:

non-textual

The Model Penal Code is . . .

not law; rather, it is a model for revising criminal laws for all states.

For the most part in the American legal system, the distinction between "equity" and "law" courts is no longer significant because modern courts have merged the two. However, in many modern civil proceedings, there is one clear remnant of the distinction between "equity" and "law" courts, so the distinction between "equitable" and "legal remedies" is still significant because . . .

often parties do not have a right to a jury trial when the remedy sought is one that is historically an "equitable" remedy

Minersville School District v. Gobitis and West Virginia State Board of Education v. Barnette demonstrate which of the following ideas?

one of the great reversals in Supreme Court history, which dramatically emphasizes the idea (as explained in Justice Jackson's opinion in Barnette) that freedom demands that those in power allow others to think for themselves

In order to prove negligence, the plaintiff must show that the defendant . . .

owed a duty of care, breached that duty, and caused harm

Norma McCorvey, aka Jane Roe, the woman who was the plaintiff in Roe v. Wade, has since famously . . .

petitioned the Supreme Court to overturn the original Roe v. Wade decision based on her pro-life, Catholic viewpoints

Senator Franken relied partially Jamie Leigh Jones's case to advocate for legislation that . . .

protects rights of victims of abuse to "have their day in court."

The overriding purpose of civil law is to compensate victims for the damages caused by others' wrongdoing, while the purpose(s) of criminal law is to . . .

punish criminal and express society's disapproval of criminal acts

It is well-understood that Congress has the constitutional authority to enact laws for the following purposes: regulate commerce between the states, punish counterfeiting, punish drug dealers, establish federal courts, lay and collect taxes, establish post offices, and establish a navy. But, which one of these purposes was not expressly stated among Congress's enumerated powers?

punish dug offenders

As new states came into the Union, generally their legislatures adopted ______, incorporating the common law definitions of crimes and punishments to the extent that they did not conflict with other enacted law.

reception statutes

Which of the following is NOT an example of a right/liberty/freedom that the Supreme Court has protected using a "substantive due process" concept?

right to counsel

A class-action lawsuit allows one or more people to litigate based on. . .

similar or shared injuries

When Congress designed and enacted a social insurance program to provide a system of old-age pensions, Congress also added to it a program to provide limited relief for people with disabling conditions or in poverty and a system for unemployment compensation. This large program is . . .

social security, and it is considered the keystone of the New Deal policies

Constitutions, legislation, regulations, and court decisions are examples of . . .

sources of American law

Under the doctrine of preemption (which is based on the Supremacy Clause), whenever there is a conflict between state and federal law . . .

state laws must yield to federal laws

A(n) ________ is a written law enacted by the legislative branch of the federal and state governments that establishes certain courses of conduct to which covered parties must adhere.

statute

Substantive criminal laws for states are usually found in . . .

statutory law

The State of Seattland is reforming its education system. It's new education laws create many highly specialized programs, and classify which students can access which programs. One of Seattle's new education laws makes a race-based classification. If the constitutionality of that law is challenged in court, the court will subject the law to the form of judicial review known as . . .

strict scrutiny

Strict liability requires . . .

that an abnormally dangerous activity was involved

Strict liability requires . . .

that an abnormally dangerous activity was involved.

The most common, most typical "duty" that is breached and then leads to legal claims of negligence is the . . .

the "reasonable person" standard of care

At the time of its founding as an independent nation, much of the law and the principles of the legal system of the United States were based on and derived from . . .

the English legal system

Which amendment to the U.S. Constitution contains a clause that is now interpreted as prohibiting Congress from passing laws that create government entanglement with religion?

the First Amendment

A provision in the Pennsylvania state constitution conflicts with a provision in the U.S. Constitution. If challenged . . .

the U.S. Constitution, not the state provision, will be enforced

As it was originally interpreted, the Bill of Rights protected people's freedoms against incursions by _______. But, starting in 1897, the Supreme Court extended many of the protections and limits in the Bill of Rights to the states via the Due Process Clause employing a doctrine called _______.

the federal government; selective incorporation

In its 1819 decision in McCulloch v. Maryland, the Supreme Court . . .

upheld Congress's authority to establish the Bank of the United States and thereby established the concept of Congress's implied powers by interpreting the meaning of the Necessary and Proper Clause in Article I, Section 8 of the Constitution

When a plaintiff is proving that the defendant in a tort case acted with "intent," the defendant will be presumed to have intended _____________ of the defendant's conduct.

the natural and probable consequences

Even though the federal government is now much larger than any state government, in the U.S. legal system, the state legislatures still have the more expansive power, the power to make laws in furtherance of the public health, safety, welfare, and morality, which is referred to as . . .

the police power

As we have learned throughout the course, the late Antonin Scalia was an adamant originalist. In Casey, he dissented for two reasons. One, he believed that the long history of state-regulated abortion placed abortion firmly into the realm of state's rights and therefore the judiciary was overreaching. Two, he also dissented because . . .

the right to privacy is not explicitly stated in the Constitution

What was the key factor in the development of the English common law?

the use of precedents from past cases by judges when deciding present similar cases

According to many legal scholars, including the authors of the main textbook in this class, the most celebrated and widely known common law writ was . . .

the writ of habeas corpus