Law Exams

Generally speaking, prenups are___ by the courts and dissolution agreements____by the courts

A. to be enforced as written, may be modified

We talked about different theories courts use in determining child custody, which one didn't we talk about

C. child welfare

Breach of contract has which three remedies

C. compensatory damages, liquidated damages, specific damages

Which of the following is not a typical defense to a breach of contract action

C. parol evidence termination

We talked about common law marriages generally speaking in order for one to have been recognized all of the following had to be present except

C. prenuptial agreement

Which of the following refers to an individual who enters or remains on the property with no certain terms of agreement

C. tenant at will

If a person is declared to be legally incompetent

C. the guardian must periodically report to the court

Precedent

Example or standard for deciding subsequent cases involving the same or similar facts

Robbery

Crime: "taking of money, personal property, or any other article of value from a person by means of force or fear"

Larceny

Crime: "the fraudulent intent to deprive an owner permanently of property"

Forgery

Crime: "the fraudulent making or altering of any writing that changes the legal rights and liabilities of another"

Arson

Crime: "the willful and malicious burning of a building...owned by another"

Obtaining Goods by False Pretenses

Crime: "using someone' else's credit card, knowingly writing a bad check"

Cyber Crimes

Crimes committed with or through the use of computers or computer technology

DISCOVERY

Exchange evidence ahead of time, makes the case fair and less surprising, narrows issues for trial, impeach witness at trial.

Law

Rules that identify right and wrong behavior. Law reflects societal or community values and governs relationships between people and between people and society at large

Litigation

The process of resolving a dispute through the court system

Voir Dire

The process that is used by the court in a civil lawsuit to select jury members

Conversion

Wrongfully taking or retaining possession of an individual's property and placing it in the service of another

Civil Law

the branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters

Motion to Dismiss

Claims that the plaintiff has no basis of law, Improper delivery of the complaint and summons, improper venue, and the failure of the plaintiff to state a claim which could result in a remedy (relief) to be given to the defendant.

The ability to respond quickly to rapidly changing needs of industries or citizens is one of the advantages of administrative agencies.

>A. True b. False

The probability of a reversal declines as each subsequent level of appeal occurs and the original decision is affirmed.

>A. True b. False

T

A defendant can choose between a bench trial and a jury trial

Reply

A plaintiff's response to a defendant's answer

Negotiation

A process in which parties attempt to settle their dispute informally, with or without attorneys to represent them

Actus Reus

A prohibited act

a. take steps to assure that the defendant has been advised of their rights b. refrain from filing charges not supported by probable cause c. not seek waiver of important rights from unrepresented clients >D. Refrain from seeking harsh sentences on minor crimes

A prosecutor shall do all of the following except

Public Corporation

A public corporation, or a "publicly-held" corporation, is a business organization created under state law and one in which ownership interests (shares) are sold to the public.

Strict liability in tort may arise from a manufacturing defect but not from a defective design.

False

The strict liability in tort of manufacturers extends only to buyers and their families.

False

T

Force is the difference between robbery and larceny

Removal

If case is originally filed in state court but basis for federal jurisdiction, defendant can "remove" case to federal court.

False

If either party in an arbitration case is unhappy with an arbitrator's award, the unhappy party may appeal the arbitrator's award to appellate court and the appellate court will review the arbitrator's award the same way (using the same legal standards) that it would use to review the decision of a trial court. True or False?

Petty Offense

In criminal law, the least serious kind of criminal offense, such as a traffic or building-code violation

Legal Realism

Law shaped and influenced by social forces, both in development and applications. Those who compose law and those who interpret it influenced by their own circumstances and those "biases" should be acknowledged and accounted for.

Criminal Laws

Laws that deal with the relationships between individuals and society and that maintain order

Litigation

Lawsuit or legal action

Mediation

Neutral third party (mediator) tries to get parties to reach a voluntary settlement. This reduces antagonism because mediators not bias. Mediators don't enforce solution- simply facilitate one. They help discovery underlying issues, and often see a high settlement rate (60-80%), serve as a face-saving function, and disputants often see this process as FAIR.

Standing

Plaintiff must have standing to initiate lawsuit. Parties have real dispute, must have some legally protected interest. No "advisory opinions" from the courts.

Limited Jurisdiction

Power of court to hear only certain kinds of cases

Minimal Scrutiny

Rational Basis Test - law must be "rationally related to a legitimate goal"

Private Law

Relationship between members of society (e.g., contract law, property law, landlord-tenant and corporation law) (primarily common law)

Public Law

Relationship between members of society and government (e.g., anti-trust law and criminal law) (primarily statutory and administrative law)

Exhaustion Doctrine

Requires that a regulated party use all of its potential administrative remedies before going to court.

Minority shareholders

Shareholders who own the minority of shares (compared to other shareholders of the corporation) in a corporation are called minority shareholders.

Parole

Conditional release from prison allowing a person to serve the rest of a prison sentence outside prison

B

Dr. Martin Luther King's "A Letter From Birmingham Jail," best reflects the _____________ school of legal thought. a. Legal Positivism b. Natural Law c. Legal Realism d. Utilitarianism e. Historical

Request for Admissions

During the pre-trial discovery phase of a civil lawsuit, the parties may ask the other side to admit to certain facts in the case through the use of a written request for admissions, which are answered by the party under oath

Request for Admissions

During the pre-trial discovery phase of a civil lawsuit, the parties may ask the other side to admit to certain facts in the case through the use of a written request for admissions, which are answered by the party under oath.

Diversity of Citizenship

for federal district court jurisdiction over a lawsuit between (1) citizens of a different states (2) a foreign country and citizens of a state or of a different states, or (3) citizens of a state and citizens or subjects of a foreign country. The amount in controversy must be more than 75,000 before a federal district court can take jurisdiction in such cases

National Law

law that pertains to a particular nation

Who is affected by this problem (who are the stakeholders affected by your decision)? ALL OF THESE

The company's customers. The company's management. The former employee. The former employee's co-workers.

Duty of Care

The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others

A thief or finder of order paper which has been indorsed in blank can transfer good title to a subsequent holder who may qualify as a holder in due course.

True

A warranty creates a duty on the part of the seller to ensure that the goods it sells will conform to certain qualities, characteristics, or conditions.

True

An annulment is granted only if conditions existed at the time of the marriage that prevented the legal requirements from being satisfied

True

An employee can be lawfully disciplined for the following: An employee posted angry, profane comments on his Facebook wall, ranting against coworkers and the employer, and stating that he hated people at work.

True

The California Supreme Court decided that Nike's communication was commercial speech and decided in favor of Mr. Kasky.

True

The California Supreme Court found that Nike was a business that directed its communications to people in California that had or who would in the future buy Nike shoes and apparel.

True

The California Supreme Court said that Nike's statements about the working conditions in its overseas factories were made for the purpose of maintaining and increasing its sales and profits.

True

The Code allows parties to a contract to specify the extent of damages in the event of a breach.

True

The Restrictive Covenant in the Employee's employment agreement with the Employer will only prohibit the Employee from taking a sales or sales manager job with a company that sells products in the Employer's sales territory.

True

The aggrieved seller's right to stop delivery of goods by a carrier or other bailee upon learning of the buyer's insolvency ceases when a negotiable document of title covering the goods is negotiated to the buyer.

True

The following characteristic suggests a "contract employee" relationship. "If you do a good job, we can talk about increasing your rate of pay and also about extending your employment with the Tennis Shack."

True

The legal difference between "commercial" and "noncommercial" speech is an important issue in this case.

True

The privilege against self-incrimination extends to the compelled disclosure of business records in a criminal trial.

True

The tort defense of self-defense allows a person to reasonably protect himself or his property from an intentional attack from another person.

True

There is no implied warranty on defects that an examination ought to have revealed.

True

Under the Code the parties may, by agreement, limit, modify, or exclude remedies or damages available for breach.

True

Formal rule-making

take place under the administrative procedures act after a process called "on the record" rule-making occurs

JNOV

the abbreviation for judgement not withstanding the verdict

F

When arrested a person who is only poor or indigent may request an attorney

Theft

a crime in which a person intentionally takes personal property owned by another person

Brief

a formal legal document prepared by a party's attorney and submitted to an appellate court when a case is appealed. The appellant's brief outlines the facts and issues of the case, the judge's rulings or jury's finding that should be reversed or modified, the applicable law, and the arguments on the client's behalf

Ordinance

a regulation enacted by a city or county legislative body to govern matters not covered by state or federal law

Rule of Four

a role of the United States Supreme Court under which the court will not issue a writ of certiorari unless at least four justices approve of the decision to issue the writ

Stakeholder

any person or organization who is affected by or has an interest in the operations of a business

per stirpes is the most commonly applied distribution method for intestate estates

true

piercing the corporate veil is a tool to reach the personal assets of corporate executives who abuse corporate formalities or are undercapitalized

true

respondeat superior and res ipsa loquitor are concepts that both deal primarily with negligence law

true

the administrator of an estate in probate is a fiduciary

true

the objective standard requires that a third party would perceive that the parties agreed to the terms of the contract and intended for those terms to be legally binding

true

the parol evidence rule generally bars the admission of oral contradictions to the written contract

true

Defenses to Product Liability Claims

1) Assumption of risk 2) Product misuse 3) Comparative negligence (fault) 4) Commonly-known dangers 5) Knowledgeable user

Nonfreehold estates are commonly called

C. leaseholds

SUPREME COURT Members

1. Chief Justice Roberts 2. Justice Ginsburg 3. Justice Thomas 4. Justice Scalia 5. Justice Alito 6. Justice Kennedy 7. Justice Sotomayor 8. Justice Kagan 9. Justice Breyer

Iowa Courts

1. Iowa District court (Trial Court) 2. Iowa Court of Appeals 3. Iowa Supreme court

ADMINISTRATIVE LAW (rulemaking)

1. Legislative Rulemaking 2. Interpreative Rulemaking

"Trial de novo" means new trial.

>A. True b. False

In Rem (subject) Jurisdiction

Authorize a court to hear a case when subject property is within courts geographical area.

The first torts were based on

B. Careless conduct resulting in harm

Adverse possession in Indiana requires which of the following special conditions

B. Payment of taxes

In which of the following does each owner have an undivided interest in the property

B. Tenancy in common

We discussed the case of the Ford Pinto and McDonal's Coffee. Both were discussed in relation to what legal principal?

B. Tort reform

Generally speaking, the highest form of property deed is a

B. Warranty deed

Which two terms are commonly used in reference to contractual assent by each party

B. acceptance and offer

A de jure corporation has made

B. all necessary steps to maintain legal corporate status

An action to have one declared legally incompetant must be based on

B. disability that is mental in nature and origin

A

Before an appeal of the decision of an administrative agency may be made to a federal court, all appeal processes within the administrative must be exhausted first; this is known as the "exhaustion of remedies" doctrine. a. True b. False

Privity of Contract

Before the development of modern product liability law, a person injured as a result of the use of a defective or dangerous product could only have the product manufactureer pay for his or her injuries if the person purchased the product directly from the manufacturer. This made it difficult for a person to recover for damages caused by a defective or dangerous product because most people purchase products through a "middleman" retailer instead of buying the product directly from the manufacturer

C

Celine the shopkeeper saw Tom the thief stealing a pack of gum. Celine called the police. Since no one else was in Celine's store that day, Celine locked the doors, preventing Tom from leaving the store until the police arrived. Is Celine liable to Tom for the intentional tort of false imprisonment? a. Yes, even if the manner of the detention was reasonable b. Yes, even if the length of detention was reasonable c. No, because Celine, as a shopkeeper, can detain shoplifters in a reasonable manner and for a reasonable length of time d. No, because Celine detained Tom, and did not have the apparent authority to do so

Uniform Commercial Code

Codifies law as it pertains to business transactions.

Civil Lawsuit

Complaint, answer, discovery, trial, and judgment

T

Contributory negligence is a defense to the tort of negligence

Negligent Manufacture

Failure to inspect, careless assembly, etc.

A nonnegotiable instrument is not transferable.

False

T

False pretenses are a type of fraud

How do judges become judges?

Federal Courts: Appointed by President or, confirmed by U.S. Senate. State Courts: Can be elected or appointed, Public can vote you out in retention elections.

Eminent Domain

Federal and state governments can take private property (i.e., force you to sell your property to the government) for a public use so long as you receive "just compensation."

Writ of Certiorari

Grants permission for a case to be heard by the US Supreme Court

Establishing Ethical Culture in a Business

Greed, competition and chance to get away with it cause unethical conduct. Also lack of role models. Role models major determinant of level of ethical behavior-usually being managers or supervisors. Top managers establish ethical climate of the firm.-Managers not committed to maintain ethical climate will rarely succeed in creating one. Also Employees take cue from management.

>A. Shadows b. Rights c. Constitution d. Senators

Griswold refers to pnumbras. What were they referring to?

a. Enabling Act b. APA c.. Enforced Statuatory Law d. Make International Treaties >E. Judicial Branch

Has limited power to overrule agency actions

Interpretive Administrative Rule

Interpretive administrative rules are rules administrative agencies make in which the agency provides the public with its interpretation of what Congress meant when it passed the laws the agency is charged with enforcing. Interpretive administrative rules do not carry the same force and effect of substantive/legislative administrative rules, meaning they are not legally binding on the businesses covered by that law.

Methods of discovery

Interrogations, depositions, orders for production of documents, requests for admission, physical/mental examinations

Defend-Attack Cycle

It is not uncommon for the parties in a dispute to defend their position and to attack the other side's position. The defend-attack cycle frequently causes the parties to become more entrenched in their positions, causing them to stop listening to the other side, and resulting in an impasse in their attempt to resolve the dispute

Case Law

Law arrived at through court decisions

Exclusive Jurisdiction

Jurisdiction that exists when a case can be heard only in a particular court or type of court

D

Niky Bowles of Davenport, Iowa filed a lawsuit against then-Davenport Mayor Phil Yerrington. Ms. Bowles claimed that during a city council meeting, Mayor Yerrington called her "a freaking crazy woman." Under these facts: a. Ms. Bowles' lawsuit against Mayor Yerrington would likely include a claim of slander. b. Ms. Bowles' lawsuit against Mayor Yerrington would likely include a claim of libel. c. Mayor Yerrington would likely defend the lawsuit by claiming his statement about Ms. Bowles was covered by an absolute legal privilege. d. a and c e. b and c

Tortfeasor

One who commits a tort

Case Law

Principles of law announced in cases, governs all areas not covered by statutory or admin law and is part of common law tradition.

Tort law is a type of _____________ law.

Private and Civil

Reply

Procedurally, a plaintiff's response to a defendant's answer

Intangible Property

Property that cannot be seen or touched but exists only conceptually, such as corporate stocks and bonds

Tangible Property

Property that has physical existence and can be distinguished by the senses of touch and sight

The IRS reviewed Couch's federal income tax returns to determine whether or not she was evading paying taxes, a federal crime. Criminal law is properly classified as:

Public Law

T

Punitive damages are always available when an intentional tort has been committed

RICO

Racketerring and Corrupt Organizations Act. Enacted in 1970.

Black List

Some states have passed laws that prohibit employers from "black listing" employees. A "black list" is a list of individuals who generally are supporters of labor unions that different employers circulate and use to deny employment to these individuals

Commercial Claims Court

Special lower court, similar to small claims court, that allows businesses to sue debtors up to a certain limit.

Appellate Justice

State and federal courts that have the authority to hear and decide appeals from cases decided by lower trial courts - courts with original jurisdiction to decide the case - are said to have appellate jurisdiction over the cases they decide on appeals.

Marbury v. Madison (1803)

Supreme court case which established the judiciary's authority to exercise judicial review. "It is emphatically the province and duty of the judicial department to say what the law is"

A

Taken together, the Necessary and Proper Clause along with the Commerce Clause, provides justification for: a. broad Congressional control of interstate commerce. b. broad state control of interstate commerce. c. judicial control of trade negotiations. d. executive control of foreign commerce. e. None of the above

Shoplifting

Taking merchandise from a store without paying for it

Authority not specifically given to Congress in the Constitution is given to the states under the ___ Amendment. This includes a state's "police powers"-- - the power to regulate the "public, health, safety, and welfare."

Tenth

Checks and Balances

To avoid one of the three branches of government from having more power than the other two branches of government, the Constitution establishes ways that each branch of government can "check" the power of the other branches. Congress can, for example, vote to override the President's failure to sign a law passed by Congress through the veto process. The President's authority to appoint federal judges is subject to the "advice and consent" of Congress. The federal courts can find that a law passed by Congress or an action of the President exceeds the authority given to the legislative or executive branches by the Constitution.

Arrest

To take into police custody

T

Words spoken in anger are not considered an offer

C

______________ rules are statements issued by a federal administrative agency to provide its staff and the general public with guidance about the agency's interpretation of a federal statute. a. Substantive b. Legislative c. Interpretive d. Procedural e. a or b

A

__________________ law describes, defines, regulates and helps establish legal rights and obligations and __________________ law establishes how those legal rights and obligations are enforced. a. Substantive, procedural b. Procedural, substantive c. Substantive, criminal d. Civil, criminal e. Public, private

Usually the means rea required for assault/battery is one of what

A. general intent

Corporations

A. may be owned by one or more than one person

In a per stirpes distribution,

A. only legal heirs can inherit

Which of the following is not a theory of contract recovery

A. respondeat superior

Judicial Review

Power of a court to review the decisions of a lower court

miranda always applies to subjects when talking to police

false

mistake of law and mistake of fact are essentailly the safe defense

false

Award

An arbitrator's decision

APPEAL

Appeal courts.

THE PLEADINGS

Complaints, Motion to dismiss, Answer, Counter-Claim

Misdemeanor

Fines and imprisonment for up to one year

T

Most duties are defined by state law

Positive Law

applies only to the citizens of that nation or society

Affirmative defense

After receiving the plaintiff's complaint and summons in a civil lawsuit, the defendant must respond to the plaintiff's allegations. This is usually done in a responsive written pleading called an answer. In the answer, the defendant must identify state which specific parts of the plaintiff's complaint that he or she both agrees with and denies. Certain defenses to the plaintiff's legal claims must be raised by the defendant in his or her legal claims, even if the factual allegations supporting the plaintiff's legal claims are true. The defendant's failure to list these affirmative defenses in the answer may prevent the defendant from using the affirmative defenses later in the trial

F

Age is not considered a factor when proving criminal intent

C

Aimee DeMuth works for the Machinist Workers Union ("MWU") as a Secretary-Treasurer. As part of her job, Aimee is required to monitor the MWU's pension plan, pay the MWU's bills and generally handle the MWU budget. Last week, Aimee did not show up for work. In checking their financial records, MWU officials discovered that $75,000 was missing from the MWU investment and checking accounts. Under these facts, and assuming that the police can find Aimee, Aimee will most likely be charged with the crime of ______________________. a. conversion b. money laundering c. embezzlement d. robbery e. theft of trade secrets

T

All persons are presumed to know the law

T

All torts require that the breach of duty be intentional

Probation

Allowing a person convicted of an offense to avoid prison and be free on good behavior, usually under the supervision of a probation officer

False

Alma was riding her bicycle on Market Street in Iowa City when she was struck by a car driven by Larry. Larry was intoxicated at the time of the accident. Alma sues Larry for her injuries in Iowa state court. If Larry is called to testify in the lawsuit filed by Alma, and asked if he had been drinking before the accident, Larry can refuse to answer the question because of the Constitutional protection against self-incrimination. True or False?

Fifth Amendment

Amendment: Due process of law; double jeopardy; self-incrimination

Eighth Amendment

Amendment: Excessive bail/fines and cruel and unusual punishment

First Amendment

Amendment: Free speech, freedom of religion

Sixth Amendment

Amendment: Right to counsel and trial

Fourth Amendment

Amendment: Unreasonable searches and seizures; probable cause for search/arrest warrants; probable cause means a "substantial likelihood that the person has committed or is about to commit a crime"

E

An Atlanta jury awarded a $100 million verdict to the family of a young man who was killed when his pickup truck exploded in a collision with a car. The $100 million verdict was awarded to punish the truck manufacturer for making an "inherently unsafe" vehicle. This $100 million verdict is best described as _________ damages. a. nominal b. exceptional c. compensatory d. special e. None of the above (Punitive Damages)

NGOs

An NGO is a non-governmental organization, usually organized as a nonprofit organization, which may have an interest in the way that a business operates. NGOs can be found internationally, nationally, locally, and advocate for a variety of interests, including human rights and the environment.

Causation in Fact

An act or omission without which an event would not have occurred

Negligence Per Se

An action or failure to act in violation of a statutory requirement

Assault

An action that causes the victim to fear an imminent battery - a reasonable apprehension of harmful contact.

Legislative Rule

An administrative agency rule that carries the same weight as a congressionally enacted statute

Interpretive Rule

An administrative agency rule that is simply a statement or opinion issued by the agency explaining how it interprets and intends to apply the statutes it enforces

A

An administrative law judge ("ALJ") is usually an employee of the administrative agency that is bringing the administrative adjudication. a. True b. False

Administrative Law Judge

An administrative law judge (ALJ) is a government employee who oversees administrative agency adjudications (cases). The ALJ acts like a trial court judge in a civil lawsuit, administering oaths of witnesses, taking evidence, rules on objections to witness testimony and exhibits, and makes findings of fact and conclusions of law in issuing a decision

Agent

An agent is a person or organization that has been hired or directed by another person or organization (the principal) to perform a specific task for that person/organization.

True

An arbitrator's authority or "jurisdiction" to decide a case is generally determined by the parties who pick the arbitrator to decide their case. True or False?

Award

An arbitrator's decision is called an award

Disparagement of Property

An economically injurious falsehood made about another's product or property

T

An employer can be held liable for the actions of an employee

The prohibition against the Employee soliciting "any customers of the Employer to transfer their business" remains in effect for:

An indefinite period of time - the one-year period in the Restrictive Covenant does not apply to the prohibition against soliciting the Employer's customers.

T

An offer can be made to a particular group or to the public

F

An offer made to one person can be accepted by another

Firm Offer

An offer that is irrevocable without the necessity of consideration for a stated period of time or for a reasonable time

E

An opinion written by a judge on a court of appeals who disagrees with the decision of the majority of the court is best described as a __________________ opinion. a. plurality b. en banc c. sua sponte d. majority e. dissenting

Ordinances

An ordinance is a statue passed by a local government - a city council, county of board supervisors, town council, etc

Binding Authority

Any source of law that a court must follow when deciding a case

Binding Authority

Any source of law that a court must follow when deciding a case. Binding authorities include constitutions, statutes, and regulations that govern the issue being decided, as well as court decisions that are controlling precedents within jurisdiction

Assault

Any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat

Defamation

Anything published or publicly spoken that causes injury to another's good name, reputation, or character

C

Appeals from the federal district courts in Iowa go directly to the: a. United States Supreme Court. b. Iowa Court of Appeals. c. 8th Circuit Court of Appeals. d. Iowa Supreme Court e. None of the above

D

Appeals from the federal district courts in Iowa go next to the: a. Iowa Supreme Court. b. Iowa Court of Appeals. c. 7th Circuit Court of Appeals in Chicago. d. 8th Circuit Court of Appeals in St. Louis. e. a or d

Venue

Appropriate location for trail. Criminal trials frequently have venue changes to due to pretrial publicity and that interferes with defendants right to impartial jury.

Utilitarianism

Argument that all decisions should be evaluated according to how much happiness they create. (19th-c. English philosophers Jeremy Bentham + John Stuart Mill.)

Natural Law in Ancient Greece

Aristotle, according to him natural law applies universally to all - the notion that people have natural rights stem form natural law

Commerce clause

Article 1, section 8 of the US constitution gives the congress the exclusive authority to regulate commerce with foreign nations and among the several states and with the indian tribes

B

As a general rule, crimes classified as "white collar" crimes involve the use of force or the threat of force or violence. a. True b. False

A

As a general rule, product manufacturers are legally liable for harms suffered by bystanders as a result of defective products. a. True b. False

C

As a young child, Professor Moeller enjoyed throwing aerosol cans (spray paint, deodorant, hairspray, etc.) in roaring fires and then listening for the loud explosion. Last weekend, in a lame attempt to relive his childhood, Professor Moeller started a large fire in his backyard and began to throw aerosol cans of spray paint in to the fire. Forgetting that aerosol cans explode in fire, Professor Moeller stands too close to the fire and is injured when several of the aerosol cans of spray point explode. Assume that the label on the aerosol cans of spray paint that Professor Moeller threw in to his backyard fire warned consumers about using the spray paint "near fire or flames" but did include any specific warning about what could happen if the aerosol cans were tossed into a roaring fire. If Professor Moeller sues the manufacturer of the spray paint for selling a defective product, what is the most likely outcome of the lawsuit? a. Professor Moeller will only win the lawsuit if he can prove the manufacturer was negligent in designing the aerosol can. b. Professor Moeller will win the lawsuit because manufacturers are automatically liable for any and all injuries related to or caused by their products. c. Professor Moeller will likely lose the lawsuit because he was misusing the product. d. Professor Moeller will likely win the lawsuit because throwing an aerosol can of spray paint in a roaring fire is "foreseeable misuse" of a can of spray paint. e. Professor Moeller will likely lose the lawsuit under the legal doctrine of "privity of contract," because he did not buy the aerosol cans of spray paint directly from the manufacturer.

D

As discussed in class, _______________ is an example of a company that has made business decisions based on the "stakeholder" view of corporate social responsibility. a. Delphi Corporation b. Enron Corporation c. Brown & Williamson d. Malden Mills e. Philip Morris USA

C

As discussed in class, in the case of Smith v. Van Gorkum, the Trans Union Corporation's Chairman and Chief Executive Officer ("CEO") Jerome Van Gorkum accepted a takeover/"leveraged buy-out" bid from Jay Pritzker while at the opera without ever reviewing the written terms of the deal. Trans Union's board of directors approved Mr. Pritzker's takeover bid in a similarly careless fashion. The Delaware Supreme Court found that Mr. Van Gorkum: a. violated his duty of loyalty to the corporation. b. engaged in self-dealing as CEO of the corporation. c. violated his duty of care to the corporation. d. overreached in his duties as CEO, refusing to allow shareholders to be involved in the management of the takeover, thus violating the corporate opportunity doctrine. e. All of the above

E

As discussed in class, in which of the following cases did the court decide that "privity of contract" between the injured plaintiff and the defendant-manufacturer was no longer required in a product liability lawsuit? a. Palsgraf v. Long Island Railroad, Co. b. Greenman v. Yuba Power Products, Inc c. Midler v. Ford Motor Co d. Hartman v. Walkertown Shopping Center, Inc. e. MacPherson v. Buick Motor Co.

D

As discussed in class, which contract law principle(s) did the court use in the case of Lucy v. Zehmer to decide that Mr. Lucy should win his lawsuit against Mr. Zehmer? a. Promissory estoppel b. Capacity to contract c. "Meeting of the minds" d. b and c e. a, b and c

D

As noted in the scenes of the movie Enron: The Smartest Guys in the Room that we watched in class, many of Enron's high-level executives refused to answer questions asked of them by a Congressional committee because of the Constitutional protection against "self-incrimination." The right against "self-incrimination" - having to testify "against yourself" - is found in the ____ Amendment to the United States Constitution. a. 1st b. 2nd c. 4th d. 5th e. 10th

E

Assume that the Nike Corporation is faced with the decision of whether or not to end a contract with a South American company that makes Nike shoes and sweatshirts. This company, further assume, has been criticized for not keeping its plant clean and safe for its employees. Who does Nike consider to be its "core stakeholders" when making this type of decision? a. Nike shareholders. b. Customers who buy Nike shoes and sweatshirts. c. Athletes who star in Nike advertisements. d. a and b e. a, b and c

True

Assume that the State of Iowa passes a law that conflicts with the United States Constitution. Because the United States Constitution is the "supreme law of the land," a court would most likely find the Iowa law unconstitutional and invalid. True or False?

C

Assume the University of Iowa implements a policy that requires that all students living in University residence halls and apartments pass random and unannounced drug tests as a condition of living in University housing. Your argument that this drug test policy constitutes an "unreasonable search and seizure" is based on the _____ Amendment to the United States Constitution. a. 1st b. 2nd c. 4th d. 5th e. 10th

False

Assumption of risk is most generally raised as a defense in cases involving claims of intentional torts, such as assault, battery or intentional infliction of emotional distress. True or False?

Directed Verdict

At the end of the plaintiff's presentation in a civil case, either side, the plaintiff or the defendant, may ask the court to either grant (the plaintiff) or dismiss (the defendant) the plaintiff's case. This is done through a motion for what?

Opening Statement

At the start of either a civil case or a criminal case, lawyers for both sides (the plaintiff and defendant in a civil case and the prosecution and defendant in a criminal case) make opening statements to the judge and jury (if a jury has been selected for the case) in which they identify the issues in the case and what they think the evidence in the case will establish.

What is the most common type of real property ownership in this country

B. fee simple

An exception to the parol evidence rule can occur where a party claims

B. fraud in the inducement

Technically, lack of mental capacity only considers those individuals who fit into which of the following categories?

B. legally adjudicated incompetent

A business in which one or more owners is not permitted to have input into the regular operations is

B. limited partnership

Under the tender years doctrine the courts generally awarded custody of younger children to the

B. mother

A sole proprietorship is a business owned by

B. one person

A partition action, is an action to

B. separate tenancies

What type of tennancy did we not talk about?

B. tenancy in the whole

a. Complete a four-year paralegal degree and pass a state bar exam. b. Complete a degree from an accredited law school and pass the NALA certification exam. c. Complete a degree from a graduate school program and pass a state bar exam. >D. Complete a degree from an accredited law school and pass a state bar exam.

Before they can receive a license to practice law, generally attorneys are required to do which of the following?

D

Ben was driving down Burlington Avenue, preparing to take a left turn on to Clinton Street. He negligently failed to see the car driven by Kara coming from the opposite direction. Kara did not see Ben's car turning because she was reading her book while driving. After Ben turned, Kara's car slammed into Ben's car. The accident caused $10,000 damage to Kara's car. Kara brought suit in a jurisdiction that follows the common law doctrine of contributory negligence. Assuming that Kara is 10% at fault and Ben is 90% at fault, how much can Kara recover? a. $10,000 b. $9,000 c. $5,000 d. $0 e. None of the above

No

Borat is from Kazakhstan. He is not a United States resident or citizen. Borat is, however, making so much money in the United States from his new movie - Borat: Cultural Learnings of America for Make Benefit Glorious Nation of Kazakhstan - that he is now thinking about forming a business organization so that he can be protected from personal liability in the United States for the debts of his movie-making business. Several people have offered to contribute money to Borat's new business. Based on these facts, will Borat will be able to organize his movie-making business in the United States as a Subchapter S corporation?

Legislative Authority

Branch of government. Has the authority to pass statutory laws, and to do other things such as approve appointments to the executive and judicial branches of the government

Civil Law

Branch of law dealing with enforcement of all private and public rights, as opposed to criminal matters.

F

Business cannot commit torts

Business ethics

Business ethics involves the study of standards of "right" and "wrong" established by a business.

Stakeholder Capitalism

Business leaders respect needs of their stakeholders (investors, customers, employees, suppliers, local community, etc) Profits result from employee training, decentralized decision making, pay for performance, customer loyalty, and high levels of customer satisfaction. "Shareholder returns just an outcome of management practices that respect all contingencies"

An illegitimate child

C has inheritance rights if paternity is established by adjudication or

Which of the following is a series of laws regarding commercial transactions adopted in part of whole by all states

C. Uniform Commercial code

A case is considered intestate when the decedent

C. dies without a valid will

Which of the following is used to express ownership and interests in land

C. freehold estates

A corporation's legal status

C. has no specific lifespan at its inception

This is awarded in Indiana after a divorce to a spouse for a short period of time based on either incapacity of lack of property

C. maintenance

Regarding legal rights of parties, dissolution of a legally recognized common law marriage

C. treats the parties as if they were in a contractual agreement

Testamentary capacity includes

C. understanding of assets and effect of a valid will

When is a unilateral contract created

C. when a promise is made in exchange for performance

A valid will does not typically require

C. witnesses who can testify to the specific intent of the testator

This question relates to the Kasky v Nike case that addressed commercial vs non-commercial speech. Mr. Kasky filed his lawsuit against Nike under the California legislature's Unfair Competition Law and False Advertising Laws. These laws are examples of:

California constitutional law. California common law. **California statutory law.** California administrative law. California executive order.

Function of Appeal courts

Can affirm, modify, reverse lower court decision. Look for legal errors by judge, they don't subsitute their judgement. Base decision on paper record created by lower court and arguments of parties.

Constitutional Law

Can be either Federal or State. Supreme sources of law Establish branches of government (Executive, Legislative, Judicial) Any law in violation of the constitution will be declared unconstitutional and will not be enforced NO matter what its source.

Statutory Law

Can be either Federal, state, and local. These make up a body of law, and includes ordinances. Ordinances are local law, and this administer matter is NOT covered by federal or state law. A federal statute applies to all states, a state statute applies only in state boundaries, and a local statute (ordinance) is within a city or county. None of these statutes can be in violation of the constitution (whether it's federal, state, or local)

Administrative Law

Can be state and federal. "Rules, orders, and decision of administrative agencies." Administrative agencies- combine fts. normally divided by 3 branches of government into a single gov. entity. Rules issued by various administrative agencies affect almost every aspect of a business's operations.

Lapse of Time

Carl offers to sell his vacation home in Lake Mills, Wisconsin to Jane for $250,000. Carl said to Jane: "You know I can only hold this offer open to you until Wednesday, November 8, 2006." On the following Thursday (November 9, 2006), Jane calls Carl and says that she will accept Carl's offer to sell the Lake Mills vacation home for $250,000. Under these facts, Carl's offer was terminated by:

D

Cedrick Bobby Lemon was injured at a Mary J. Blige concert in North Carolina in 1995 when he was punched in the head by a bodyguard employed by Sean Combs. Mr. Lemon later sued Mr. Combs - also known as "Diddy," "P. Diddy" and "Puff Daddy" - claiming that Mr. Combs had not properly trained his bodyguard and that he (Mr. Combs) was responsible for Mr. Lemon's injuries. Mr. Combs never responded to Mr. Lemon's lawsuit. The court entered a judgment in Mr. Lemon's favor in the amount of $2 million. Based on these facts, the judgment entered against Mr. Combs because he did not respond to Mr. Lemon's lawsuit, is best described as a: a. summary judgment. b. directed verdict. c. judgment notwithstanding the verdict. d. default judgment. e. judgment on the pleadings.

D

Cedrick Bobby Lemon was injured at a Mary J. Blige concert in North Carolina in 1995 when he was punched in the head by a bodyguard employed by Sean Combs. Mr. Lemon later sued Mr. Combs - also known as "Diddy," "P. Diddy" and "Puff Daddy" - claiming that Mr. Combs had not properly trained his bodyguard and that he (Mr. Combs) was responsible for Mr. Lemon's injuries. Mr. Combs never responded to Mr. Lemon's lawsuit. The court entered a judgment in Mr. Lemon's favor in the amount of $2 million. Based on these facts, the judgment entered against Mr. Combs because he did not respond to the lawsuit, is best described as a: a. summary judgment. b. directed verdict. c. judgment notwithstanding the verdict. d. default judgment. e. judgment on the pleadings.

Peremptory Challenges

Challenges for which the lawyer does not have to explain his or her reasoning for rejecting a person from serving on the jury

F

Children and insane persons can be held liable for injuring others

False

Civil lawsuits can always be decided by the state court in the state in which the plaintiff is a resident. True or False?

False

Civil lawsuits can always be heard and decided by a state court in the state where the plaintiff resides. True or False?

Defenses to Criminal Liability

1) Infancy ("any person who has not yet reached the age of majority") 2) Intoxication (Voluntary/Involuntary) 3) Insanity 4) Mistake (Fact and Law) 5) Consent 6) Duress ("the wrongful threat of another") 7) Justifiable use of force/Self-defense 8) Entrapment ("encouraging crime") 9) Statute of Limitations 10) Immunity

Which of the following statements would have been relevant to the United States Supreme Court's review of the Iowa law? (ALL OF THESE)

1) Iowa was one of the few states in the country that prohibited the use of 65-foot trucks on state roads and highways. 2) Congress had not passed a law regulating the length of trucks operating on interstate highways. 3) There was little, if any, evidence, introduced at the trial to show that 65-foot trucks were less safe than 60- or 55-foot trucks when shipping goods on Iowa roads and highways.

Which of the following statements (if true) would support the legitimacy of the Iowa law? (ALL OF THESE)

1) Sixty-five-foot trucks, compared to 60- or 55-foot trucks, cause more damage to roads and highways because of their additional weight. 2) Sixty-five-foot trucks, compared to 60- or 55-foot trucks, are more difficult for motorists to see around, making passing such trucks on highways dangerous. 3) Sixty-five-foot trucks, compared to 60- or 55-foot trucks, are more likely to turn over in strong winds and are more likely to jack-knife, causing crashes with motorists.

eminent domain

5th amendment - federal, take private property for public use with just compensation 14th amendment- state

Utilitarianism

: an approach of ethical reasoning that evaluates behavior in light of the consequences of that behavior for those who will be affected by it rather than on the basis of any absolute ethical or moral values. In utilitarian reasoning , a "good" decision is one that results in the greatest good for the greatest number of people affected by the decision

A U.S. Senator must be a resident of the state he or she is elected to represent.

>A. True b. False

Indictment

A charge by a grand jury that a named person that has committed a crime

A

A civil lawsuit generally proceeds in the following order: a. complaint, answer, discovery, trial and judgment. b. answer, complaint, discovery, trial and judgment. c. discovery, complaint, answer, trial and judgment. d. complaint, answer, trial, discovery and judgment. e. complaint, reply, discovery, trial and judgment.

Complaint

A civil lawsuit is initiated when a plaintiff files this identifying the basis for the court's jurisdiction, outlines the plaintiff's legal claims and includes a request for damages with the court and serves this on the defendant. In some states it is called a petition.

Tort

A civil wrong not arising from a breach of contract; a breach of a legal duty that proximately causes harm or injury to another

Tort Law

A civil wrong not arising from a breach of contract; a breach of a legal duty that proximately causes harm or injury to another; generally based on state common law; it provides "remedies for the invasion of various protected interests"

Federal Question Case

A claim based on the U.S. Constitution, a federal statute or a federal treaty

Public Law

A classification of law that concerns the relationship between individuals and their government. Constitutional law and criminal law are examples of public law

Condemnation

A court proceeding in which a property owner is objecting to government using its Eminent Domain power to purchase the property owner's property, or where the property owner is challenging the "just compensation" being offered for the property, is called a condemnation proceeding.

General Jurisdiction

A court that can hear and decide a wide variety of cases.

Special or Limited Jurisdiction

A court that can only hear and decide certain types of cases. ex: A state small claims court that can only hear and decide legal disputes under a certain dollar amount The same is true of federal bankruptcy courts, which only decide cases involving bankruptcy.

Perjury

A crime committed by a witness who knowingly gives false testimony while testifying under oath at a criminal or civil case

Counterclaim

A defendant in a civil lawsuit who responds to the plaintiff's legal claims by filing his or her own legal claims against the defendant, does so through use of a counterclaim.

Preemption

A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws

In the majority of states, custody of a child is determined by

A examining the factors contributing to the childs best interest

Grand Jury

A group of citizens called to decide, after hearing the state's evidence, whether a reasonable basis exists for believing that a crime has been committed and that a trial ought to be held

>A. Rules of appellate procedure, rules of evidence, rules of criminal procedure, rules of civil procedure b. Rules of appellate procedures, rules of evidence, rules of criminal procedure, rules of punitive procedure c. Rules of criminal procedure, rules of civil procedure, rules of evidence, rules of exemplary procedure d. Rules of civil procedure, rules of common ground, rules of criminal procedure, rules of evidence

A jurisdiction will typically divide its procedural law into which categories?

Meta Tag

A key word in a document that can serve as an index reference to the document

Entrapment

A law enforcement officer persuading or forcing a person to commit a crime

Privilege

A legal right, exemption, or immunity granted to a person or a class of persons

Stare Decisis

A legal rule that state court judges follow when making decisions in cases based on state common law. It means "to stand by things decided" and directs state court judges to look at previously decided state common law court decisions when making their own decisions in common law cases

Natural Law

A legal theory based on the belief that all human beings possess inherent natural rights that cannot be limited or taken away by man-made law

B

A likely example of a warranted trespass to personal property is: a. A student taking a classmate's business law book as a practical joke and hiding it so the owner is unable to find it for several days prior to the final exam. b. An automobile repair shop holding a customer's car while waiting for the customer to pay for completed repairs. c. A store clerk steals a donut from the convenience store where that clerk is employed and eats it. d. The purchase of stolen goods without knowledge that the goods were stolen at the time of purchase. e. a or b

True

A long-arm statute is a state law that allows state courts to obtain personal jurisdiction over out-of-state defendants in a civil lawsuit. True or False?

Material Fact

A material fact is a fact in a civil or criminal case that is important for the court or jury to consider in making its decision in the case.

Mediation

A method of settling disputes outside the courts by using the services of a neutral third part, who acts as a communicating agent between the parties and assists them in negotiating a settlement

Mediation

A method of settling disputes outside the courts by using the services of a neutral third party, who acts as a communicating agent between the parties and assists them in negotiating a settlement

Compensatory Damages

A monetary award equivalent to the actual value of injuries or damage sustained by the aggreived party

Motion for Judgment on the Pleadings

A motion by either party to a lawsuit at the close of the pleadings requesting the court to decide the issue solely on the pleadings without proceeding to trial

Motion for Summary Judgment

A motion requesting the court to enter a judgment without proceeding to trial

Shareholder

A person or organization that owns shares of stocks (ownership interests) in a corporation is called a shareholder.

F

A person who is not the intended offeree can accept the offer

Domiciled

A person's domicile is the place where he or she lives, the place the person considers to be his or her home

Probable cause

A reasonable belief that a crime has been committed or certain facts exist

Comparative Negligence

A rule in tort law that reduces the plaintiff's recovery in proportion to the plaintiff's degree of fault, rather than barring recovery completely; used in a majority of states; the plaintiff can recover from the defendant to the percentage that the defendant is negligent

Sociological School

A school of legal thought that views the law as a tool for promoting justice in society

Interrogatories

A series of written questions for which written answers are prepared by a party to lawsuit, usually with the assistance of the party's attorney, and then signed under oath

Double Jeopardy

A situation occurring when a person is tried twice for the same criminal offense; prohibited by the Fifth Amendment

Small Claims Court

A special court in which parties may litigate small claims (such as $5,000 or less)

Predominant-Factor Test

A test courts use to determine whether a contract is primarily for the sale of goods or for the sale of services

Battery

A touching of another person in a way that is unwanted or offensive.

Vishing

A variation of phishing that involves some form of voice communication

Whistleblower

A whistleblower is a person, usually an employee of an organization, who makes a public complaint to the authorities (i.e., the police or a regulatory agency) about an illegal practice occurring within the organization.

a. In a joint session of Congress b. By executive order >C. In the House of Representatives d. In the Senate

According to the Constitution, revenue raising bills must be initially introduced

F

An agreement to commit a crime can be considered a contract

Voir Dire

An old French phrase meaning "to speak the truth"

Fraudulent Misrepresentation

Any misrepresentation, either by misstatement or by omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment

Error of Law

Appellate courts review lower court decisions to determine if the lower court judge did not properly interpret the applicable legal rules in the case. Mistakes concerning the application of these legal rules are called errors of law. A lower court's decision may be reversed by the higher court on appeal based on errors of law made by the lower court.

False

As a general rule, an intended beneficiary of a contract may not sue for breach of contract, while an incidental beneficiary of a contract may sue for breach of that contract. True or False?

False

As discussed in class, the United Nation's Global Compact is an example of international statutory law. True or False?

Regarding contracts with persons without capacity, the theory of restitution is based on the principle of

B. fairness

E

Bill, a citizen of the State of Iowa, is driving through Maryland and hits a car driven by Kelly, a citizen of the State of Maryland. Assume that Maryland has an applicable long-arm statute and Kelly's damages exceed $100,000. Based on these facts, which of the following statements is true? a. Kelly will be able to sue Bill in Maryland state court because Kelly is a citizen of the State of Maryland. b. Kelly will be able to sue Bill in Maryland state court because the accident occurred in the State of Maryland. c. Kelly will be able to sue Bill in federal district court. d. Kelly will not be able to sue Bill in Maryland state court because Bill is not a Maryland citizen. e. b and c

Commercial Speech

Commercial speech is a type of speech that is aimed at promoting a product or which is designed to encourage customers to buy or sell a service or product.

Duress

Crime committed by a person who was forced to act against his or her own free will

Blackmail

Crime in which a person illegally obtains money or other property by making threats; also called extortion.

Assault (and Battery)

Crime of lawfully causing physical injury to another; tort of threatening another with bodily harm (assault typ. verbal threat; battery actual injury)

Burglary

Crime: "breaking and entering the dwelling of another at night with the intent to commit a felony"

Receiving Stolen Goods

Crime: "knew or should have known the goods were stolen"

Violent Crimes

Crimes that cause others to suffer harm: - Murder - Robbery (The taking of cash, personal property or thing of value from a person by way of force or fear) - Assault and battery

Criminal Law

Criminal law is a type of public law in which actions considered by society to be "wrong" and which are offensive to society (e.g., theft, murder, fraud, etc.) are punished.

Actionable

Capable of serving as the basis of a lawsuit; this type of claim can be pursued in a lawsuit or other court action

Arraignment

Charging a person with a crime and asking for that person's plea.

Federal question cases

Claim based on U.S. constitution, federal statute/regulation or a federal treaty.

Full Faith and Credit Clause

Clause in the Constitution (Article IV, Section 1) requiring each state to recognize the civil judgments rendered by the courts of the other states and to accept their public records and acts as valid

General Damages

Compensate the plaintiff "for the nonmonetary aspects of the harm suffered, such as pain and suffering."

T

Committing an act of violence to obtain a signature on a written contract is duress

Case and Common Law

Common Law- "Judge-made law," based on rules made by state court judges in civil cases. Law founded on experience, not logic. Stare Decisis

Commercial Speech

Communications made by business firms that involve only their commercial interests

Special Damages

Compensate the plaintiff for "quantifiable monetary losses"(medical expenses, lost wages and fringe benefits from a job, the cost of replacing or repairing damaged property).

Ethical Conduct related to the Law

Compliance with the law-the "Moral minimum" Even if its legal, you can still violate ethics and trust

Separation of Powers

Concept of independent branches of government

Dormant Commerce Clause

Congress can criminalize a law even if it is legal intrastate-> can criminalize use of marijuana even if its legal within a state.

Dormant Commerce Clause

Congress has the exclusive right under Article I of the United States Constitution to regulate interstate commerce, that is business conducted between persons in different states. Because of Congress' exclusive power to regulate interstate commerce, state and local governments cannot pass laws that interfere with or which impact on interstate commerce. The legal theory of the Dormant Commerce Clause says states and local governments cannot pass laws that interfere with or regulate interstate commerce even if there is no federal law regulating the type of activity covered by the state/federal law.

Executed

Contracts that have been fully performed by both parties are called __________ contracts.

Tenancy by the entirety also has the right of

D. survivorship

Counter-Claim

Defendant sues the plaintiff, the REPLY.

Plea Bargain

Defense: Immunity; information exchanged for a lesser sentence or complete immunity from prosecution

Entrapment

Defense: The police/government suggested and pressured the criminal defendant into committing a crime.

Consent

Defense: The victim of the crime allows a crime or encourages the defendant to commit the crime

F

Delaware was the last of the 13 states to ratify the Constitution

A

Dr. Martin Luther King's "A Letter From Birmingham Jail," best reflects the principles of the ______________ school of law or jurisprudence. a. natural law b. legal positivism c. utilitarianism d. stakeholder e. legal positivism

Challenges for Cause

During the voir dire process used to select jury members, lawyers for the parties may ask the judge to remove a person from being considered to serve on the jury because of an answer the person gave that shows that he or she is biased and favors one or the other side in the case - that he or she cannot make a fair decision serving on the jury.

Under ordinary circumstances, a valid will must be

E. all of the above

Exclusive v. Concurrent Jurisdiction

Exclusive- Suit only appropriate in one system- state or federal Concurrent- Suit appropriate in either state or federal so plaintiff chooses where file.

Which of the following is not a defense that we talked about in class?

D. Gross negligence

A check which is "payable to cash" requires an appropriate indorsement for further negotiation.

False

A draft involves only two parties, the drawer and the drawee.

False

Is the following a lawful employment policy? An employer required that employees get company approval before they identified themselves on social websites as employees of the company. The employees also had to discuss work-related concerns with their supervisor before they could make any posting about them on the web. Failure to do so could result in termination.

False

Most states have eliminated the requirements of horizontal privity but have retained vertical privity requirements in warranty actions.

False

Which of the following specifies those types of contracts that must be in writing before they will be enforced

D. Statute of frauds

A valid and legal marriage requires

D. all of the above

Agency can be created

D. all of the above

Negligence requires

D. all of the above

Reasonable conduct may require

D. all of the above

Title insurance guarantees that the person selling the property does not have

D. all of the above

This results in voiding the marriage and returning the parties to the position they held prior to the marriage

D. annulment order

Strict liability

D. applies in cases of ultrahazardous activity

Per capita distribution

D. bases inheritance rights on total number of heirs

Guardians are ordinarity appointed in all of the following but

D. criminal cases

Formal Rule-Making

Formal rule-making takes place under the Administrative Procedures Act after a process called "on the record" rule-making occurs.

Intestate estates

D. have no valid will

Divoce on the grounds of irreconcilable differences

D. is the method intended to be used when neither party wishes to prove blame for the dissolution

Conforming Goods

Goods that conform to contract specifications

Wills may not be contested on the grounds of

D. lack of competence solely because of advanced age

What are the two basic elements included in all crimes?

D. mental conduct and physical conduct

Sole proprietorships can be

D. none of the above

A person with a life estate cannot

D. sell the property

All contracts must contain

D. two parties who have legal capacity

Which of the following occurs when a death is intentional but there are special circumstances?

D. voluntary manslaughter

Question of Law

In a lawsuit, an issue involving the application or interpretation of a law

A

In an appellate court case, the _______________ opinion of the court represents the law of the case that the lower courts are bound to follow under the legal doctrine of stare decisis. a. majority b. concurring c. dissenting

True

In order for a judge or jury to find someone guilty of a crime, there must be proof of both the prohibited act - the actus reus - and the guilty state of mind - the mens rea. True or False?

State Court System

In some states there are courts of limited jurisdiction below trial courts: Justices of the peace Small-claims court Probate courts Not all states have intermediate appellate, not all states use same terminology.

A

Informal "notice-and-comment" rulemaking is the most common form of rule making used by federal administrative agencies under the federal Administrative Procedures Act. a. True b. False

Corporate Social Responsibility

Integrating "good citizenship" into business practices. Adress social problems by making it focus of operations and/or modifying operations to promote good causes. Partnership approach to customer relations. Corporations as responsible community members.

8th

Iowa is located in the federal circuit for the ___ Circuit Court of Appeals.

D

Iowa is located in the federal circuit for the ___ Circuit Court of Appeals. a. 1st b. 2nd c. 7th d. 8th e. 9th

B

Isac Aguero worked for the Miller Brewing Company in Racine, Wisconsin. The local newspaper, The Journal Times, ran a picture of Mr. Aguero drinking a Bud Light beer at a local Racine bar. Bud Light is a beer sold by one of Miller's competitors - the Anheuser-Busch Company. After the picture ran in the Racine newspaper, Mr. Aguero was fired from his job. As discussed in class, Mr. Aguero will be able to successfully sue the Miller Brewing Company because Mr. Aguero's right to drink Bud Light while "off duty" is protected by First Amendment to the United States Constitution. a. True b. False

B

John is a resident of Minnesota. Lou is a resident of North Dakota. John drives to Fargo, North Dakota where he is involved in a car accident with Lou. Lou's damages amount to $100,000. Lou believes that John's carelessness caused the accident. Lou decides to sue John under a state common law claim of negligence. Would a federal district court have subject matter jurisdiction over Lou's lawsuit against John? a. Yes, because of federal question subject matter jurisdiction b. Yes, because of diversity of citizenship subject matter jurisdiction c. No, because of the lack of diversity of citizenship subject matter jurisdiction d. No, because the State of North Dakota would have exclusive subject matter jurisdiction over Lou's lawsuit e. None of the above

Fact Pattern

Judges make their decisions based on the facts presented by the parties who are involved in the lawsuit or court trial being decided by the judges. The summary of facts that judges consider when making their decisions is sometimes called the fact pattern in the case

T

Larceny could be considered either a felony or a misdemeanor

Constitutional Law

Law derived from the US Constitution and the constitution of the individual states

Contingency Fee Agreement

Lawyers may agree to represent their clients under an arrangement whereby the client (other than filing fees and certain court costs) does not pay the lawyer for his or her services unless the client's dispute is settled or the client is awarded monetary damages following the completion of a lawsuit. Frequently a contingency fee agreement requires that the lawyer receive a percentage (e.g., 33%) of the money the client receives through a settlement or through the receipt of monetary damages.

When a salesperson gives a gift to a customer in exchange for the customer's promise to place an order, the salesperson's actions are:

Legal but unethical

Stare Decisis

Let the past decision stand

Strict Liability

Liability regardless of fault

Strict Liability

Manufacturers of "defective" products are liable for damages to injured consumers "regardless of their intentions or their exercise of reasonable care"; "defective" = "unreasonably dangerous."

Felony

Most serious crimes -- generally punishable by imprisonment for more than one year or by death

Alternative Dispute Resolution (ADR)

Negotiation, Mediation, Arbitration.

Arbitration

Neutral third party (arbitrator) conducts evidentiary hearing and makes a decision. May be mandatory, resembles trial but much less restrictive. EX: High/Low-> MLB player wants a lot of money and team wants to pay little, arbitrator picks a side (no in-between), High Risk. Can't appeal the Arbitrators decision to the courts. THIS IS ADR FAVORED, because litigation takes time, public, costly, and leads to "bitterness that flows fro ma winner-take-all outcome."

Symbolic Speech

Nonverbal expressions of beliefs; includes gestures, movements, and articles of clothing, and is given substantial protection by the courts

Ligation holds on E-Discovery

Once a party anticipates litigation, it must suspend document destruction policy and put place a litigation hold to preserve relevant documents. Arises whether or not requested by other party. Negative inference if records destroyed (jury can assume the worst)

Initial Appearance

Person's first appearance before a judge after being arrested

Diversity of citizenship cases

Plaintiff and defendant from two different states. AND Amount of dispute is greater than 75,000$

Assumption of Risk

Plaintiff knew that injury could result; plaintiff took chance with knowledge. Examples: Skiing, bullfighting, bungee jumping, parasailing; waiver of defendant's liability given explicitly or implicitly

Jurisdiction

Power to hear and decide a case

Judicial review

Process which court decides constitutionality of legislation or actions of executive branch

Malpractice

Professional misconduct or the lack of the requisite degree of skill as a professional

Defense

Reason an accused offers to excuse his or her guilt in a criminal action; also, reason offered by defendant in a lawsuit for being relieved of responsibility.

Probable Cause

Reasonable grounds for believe that a person should be arrested or searched

D

Concurrent jurisdiction is when the: a. state and local/county court systems both have jurisdiction over a case. b. court has jurisdiction over both the people and property involved in the case. c. court has personal jurisdiction over both the plaintiff and the defendant. d. federal and state court systems both have jurisdiction over a case. e. b and c

C

Research indicates that young male drivers are substantially more likely to be involved in automobile accidents than are young women. As a result, the State of Minnesota enacts a statutory law that allows women to get their driver's license at age 18, while men may not get their Minnesota driver's license until age 25. Bill Boyd, a 23-year old resident of Minnesota, sues the State of Minnesota in federal district court claiming that the Minnesota driver's license law violated his rights under the Equal Protection Clause of the 14th Amendment. What legal standard will the court most likely use to review the constitutionality of the Minnesota law? a. Strict scrutiny b. The rational basis/minimum rationality test c. Intermediate scrutiny d. The substantial evidence test e. An arbitrary and capricious standard

U.S. Supreme Court

Review cases from: 1. U.S. District Courts 2. U.S. Court of Appeals 3. Highest Courts of the State. Not all cases end up in the Supreme Court-> Limited jurisdiction (Only involving federal laws, federal jurisdiction [all appeals]) Review is through Writ of Certiorari-> If this is not granted, lower court decision is FINAL.

a. Less than 15 >B. 15-150 c. 1,500-15,000 d. Over 15,000

Roughly how many cases will be heard by the Supreme Court each year?

Exclusive and Original Jurisdiction

Constitution- state and federal - help to establish the jurisdiction of courts in the respective court systems. Under the US constitution, the US supreme court is the only court that has the authority to hear and decide legal disputes between different states. In these cases, the US supreme court exercises its exclusive and original jurisdiction to act as a trial court in resolving the dispute

Necessary and Proper Clause

Constitutional clause that gives congress the power to make all laws "necessary and proper" for executing its powers

Formal Rulemaking Process

Rulemaking-on-record (public hearing): 1) May be required by enabling legislation 2) Publish in Federal Register 3) More formal hearing for comment process

Administrative Laws

Rules made by administrative agencies are called administrative laws. The administrative agency is given the authority to make these rules, which have the same force and effect of statutory laws, by the legislative branch which creates the administrative agency

Administrative Regulations

Rules made by administrative agencies that have the same force and effect as statutes and court decisions

E

Sarah thought that she had a contract with Ashley to buy Ashley's car for $5,000. Ashley now claims that she never agreed to sell her car to Sarah. Sarah filed a lawsuit against Ashley in the Iowa District Court for Johnson County, asking the court to enforce her contract with Ashley. Based on these facts, Sarah's lawsuit against Ashley will likely involve: a. substantive law. b. civil law. c. procedural law. d. private law. e. All of the above

Supremacy Clause

Constitutional laws are the supreme law of the land and Judges of every state bound to follow them. Federal preemption- when there is conflict between state law and federal law, federal law takes precedence. Field preemption- congress intends to "occupy the field" on a subject matter, there can be no state laws passed dealing with the same subject.

Substantive Due Process

Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may do.

Exclusive and Original Jurisdiction

Constitutions - state and federal - help to establish the jurisdiction of courts in the respective court systems. Under the United States Constitution, the United States Supreme Court is the only court that has the authority to hear and decide legal disputes between different states. In these cases, the United States Supreme Court exercises its exclusive and original jurisdiction to act as a trial court in resolving the dispute.

Sources of Law

Constitutions(Federal and state), Statutory, Administrative Regulations, Case and Common Law, Executive orders.

True

Shooting a bullet across someone else's property without stepping on to the property may be the tort of trespass to land. True or False?

Concurrent Jurisdiction

Some cases can be decided by either state courts or federal courts. ex: lawsuit involving citizens of different states where the amount of damages claimed by the plaintiff exceeds $75,000, can thus be filed in either state or federal court.

Statues of Limitations

State and federal procedural laws identify the time period within which legal claims must be filed with a court. A lawsuit that is filed after the time period is considered untimely and will be dismissed by the court.

Dormant Commerce Clause

State laws that interfere with or burden interstate commerce or business between the states are unconstitutional.

F

The Declaration of Independence was adopted on July 3, 1776

Federalist Form of Government

The US constitution creates a federalist form of government giving certain powers to the federal government and then, through the 10th amendment, giving all other powers to the different state governments

Venue

The appropriate location for a court case, both civil and criminal

False

The court decided in Leonard v. Pepsico, Inc. that Pepsico's advertisement offering a Harrier fighter airplane for 10,000 "Pepsi points" was so specific that it was reasonable for the plaintiff, Mr. Leonard, to consider the advertisement as a legally binding offer for a unilateral contract. True or False?

Actual Malice

The deliberate intent to cause harm, which exists when a person makes a statement either knowing that it is false or showing a reckless disregard for the truth

E

The exclusionary rule allows evidence: a. to be introduced in a criminal trial no matter how it was obtained. b. that was improperly gathered by the plaintiff in a civil case to be excluded at a civil trial. c. relevant to the case to be introduced in a civil trial. d. that would otherwise be considered "hearsay" evidence to be introduced in a criminal trial. e. that is improperly gathered by the police or government authorities in violation of the 4th Amendment to the United States Constitution to be excluded at a criminal trial.

Negligence

The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances

Abusive or Frivolous Litigation

The filing of a "meritless lawsuit" "simply to harass the defendant."

a. A constitutional amendment b. An enabling act >C. A Delegation Doctrine d. An executive order

The premise that Congress cannot delegate any of its lawmaking power is based on:

a. Enabling Act b. APA >C. Enforced Statuatory Law d. Make International Treaties e. Judicial Branch

The primary function of an Administrative Agency

Privity of Contract

The relationship that exists between the promisor and the promisee of a contract.

Standing to Sue

The requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit

Jurisprudence

The science or philosophy of law

Reasonable Person Standard

The standard of behavior expected of a hypothetical "reasonable person"

Beyond a Reasonable Doubt

The standard of proof used in criminal cases

T

The system of law in the U.S. is based on the English common law

a. Motion to deny b. Motion for cause c. Motion to compel >D. Motion in limine

This motion is filed in an attempt to prevent certain evidence from being presented to a jury.

Court System Structure

Trial Courts- Both federal and state, where lawsuits are initiated.

Authority of Administrative Agencies

Under the Administrative Procedures Act, an agency's action is subject to an "arbitrary and capricious" standard of review by the courts

Theft

Unlawful taking of a person's property without the use of force and with the intent of permanently depriving the person of the property

Embezzlement

Unlawful use or stealing of property by one who has been legally entrusted with the property

Burglary

Unlawfully entering another's home or building with the intent to commit a crime

False

Venue involves the question of whether a federal or state court has personal jurisdiction over the parties in a civil lawsuit. True or False?

B

Venue involves the question of whether a state or federal court has subject matter jurisdiction over the parties in a civil lawsuit. a. True b. False

a. Criminal Contempt b. Indirect Contempt >C. Judicial Contempt d. Civil Contempt

We discussed several types of contempt, which of the following is NOT a type of contempt we discussed?

Disclosure of Embarrassing Private Facts

When something extremely embarrassing is made public with no need for the public to know

True

Whether or not evidence can be introduced in court during a trial is an example of procedural law. True or False?

>A. Civil law b. Criminal law c. Personal law d. Substantive law

Which of the following governs issues arising between parties in regard to private rights?

C

Which of the following is an example of public law? a. Contract law b. Tort law c. Criminal law d. Landlord-Tenant law e. None of the above

a. Federal statute b. Long-arm statute >C. Subject matter jurisdiction d. Quasi in rem jurisdiction

Which of the following provides the authority of a court over the actual dispute between the parties?

T

White collar crimes are offenses committed in the business world

Seasonably

Within a specified time period or, if no period is specified, within a reasonable time

Substantive Law

a classification of law which referes to laws that define a person's legal rights and responsibilities

Shareholder

a person or organization tha owns shares of stocks in a corporation

Agent

a person or organization that has been hired or directed by another person or organization to perform a specific task for that person/organization

Statutes provide highly detailed discussions of potential case scenarios.

a. True >B. False

The Bill of Rights protects people from abuses by everyone, not just government actors.

a. True >B. False

The primary source of new law is the

a. executive branch b. US constitution >C. Congress d. popular vote

The colonists considered the articles of confederation largely ineffective because of what factor

a. widespread corruption within the government b. the national government lacked enforcement power c. lack of cooperation between the three branches of government d.the governmental staff had grown too large and ineffective

The ______ theory states that governement governs only by and with the consent of the governed

a.sociological >B. Social contract c. Psyco-social contract d. contract

Stock Option

an agreement that grants the owner the opinion to buy a given number of shares of stock, usually within a set time period

Opening statements

at the start of either a civil case or a criminal case, lawyers for both sides make opening statements to the judge and jury in which they identify the issues in the case and what they think the evidence in the case will establish

The determination of custody is based on the parent who is best able to provide financially for the child

false

courts use a subjective standard when evaluating a liquidated damage clause

false

the indiana tort claim act forbids the bringing of a lawsuit against a police officer for acts committed while on the job

false

stocks

legal ownership interest in corporation's assets

Ethics

moral principles and values applied to social behavior

public corporation

publicly held

Pleadings

statements made by the plaintiff and the defendant in a lawsuit that detail the facts, charges, and defenses involved in the litigation

Judicial Immunity

you can't sue a judge's ruling

Negligent Design

"A product free of unreasonable risks."

Failure to Warn

"About the damages of normal use and also foreseeable misuse" - no duty, however, "to warn about obvious dangers"

Superseding Cause

"An unforeseeable intervening event"

Stare decisis

"Backbone of common law" Decides new cases based on former decisions, or precedents. State courts can change common law but obligated to follow higher court decisions.

Federal Form of Government

"Enumerated" powers to the federal government and other powers "reserved" to the states (10th Amendment)

Palsgraf Case

"Here, by concession, there was nothing in the situation to suggest to the most cautious mind that the parcel wrapped in newspaper would spread wreckage through the station."

False Imprisonment

"The intentional confinement or restraint of another person's activities without justification."

Product Liability

"Those who make, sell, or lease goods can be held liable for physical harm or property damage that those goods cause to a consumer, user, or bystander"

Procedural

("How") How to enforce rights Process by which law is enforced Establishes remedies.

Substantive Law

("what") Laws that define, regulate, and create legal rights and obligations.

Intermediate Scrutiny

(Gender) -- law "must substantially relate to important government objectives"; (Everything other than gender and race/national origin)

Private Law

(Mainly common law) Between members of society (Ex: contract law, property law, corporation law)

Public Law

(Mainly statutory and admin law) Between members of society and the government (Ex: anti-trust and criminal law)

Profit Maximization

(Milton Friedman) The only social responsibility of a business is to increase its profits. Corporations aren't people and don't have social responsibilities. Friedman- Practice of social responsibility usually a cloak for actions justified on other grounds rather than to be charitable- companies advertise their charity in order to maximize profits.

Intrusion

(Prying into someone's private life) is a tort if a reasonable person would find it offensive.

Strict Scrutiny

(Race/National Origin) -- "necessary to promote a compelling state interest"

Which of the following is a cost associated with firing an employee?

Cost to hire a new employee Cost to train a new employee Cost of being short-staffed Costs associated with grievances or law suits filed by the fired employee Cost of the lost productivity associated with increasingly distracted employees who remain with your business

Dot Com argued that its contact with Pennsylvania was "fortuitous" meaning it happened by chance rather than by design. Which of the following is an example of a fortuitous contact in Pennsylvania?

**An Indiana resident accessed the Dot Com website with a computer while traveling through Pennsylvania.** Dot Com consciously responded to contract requests from Pennsylvania residents by selling them services.

Whom do you believe is to be blamed for the potentially unethical actions of the employees to keep their jobs? (2 options)

**The boss ("Ripsaw Bob") for creating a workplace culture that forces employees to worry more about their self-interests (keeping their jobs) than about doing what is best for the company.** **The employees themselves** The company's human resources director who hired these three employees. The boss ("Ripsaw Bob") for not requiring that the three employees complete ethics training.

All three of the employees shown in this video are more worried about their own jobs than with the affect their actions may have on the reputation of the company. Their behavior is motivated by: (3 answers)

**The pressures associated with the fact that the "million dollar deal" is behind schedule.** **The company's emphasis on employees meeting their short termshort-term sales goals.** A lack of understanding about company policy concerning giving gifts to customers. **The actions of their boss - "Ripsaw Bob" - who apparently manages by threatening to fire employees.**

This question relates to the Kasky v Nike case that addressed commercial vs non-commercial speech. The California Supreme Court used _________________ to resolve the dispute between the requirements of the California statutes (Unfair Competition and False Advertising Laws) and the United States Constitution.

**case law** common law administrative law

What rules apply to this problem? (TWO ANSWERS)

1) The temperature in the company's employee break room and the lack of lighting in the employee parking lot are "conditions of employment" within the meaning of the NLRA. 2) The NLRA protects private-sector employees who are engaged in "concerted activities," which includes non-union employees who complain to management about their "conditions of employment."

Consolidated likely took the time and incurred the expense of going to court to challenge the constitutionality of the Iowa law because: (ALL OF THESE)

1) many of its shipments involved traveling on interstate 80 and interstate 35 running through Iowa. 2) there was no conclusive evidence that 65-foot trucks were any more dangerous to motorists than 60 or 55-foot trucks. 3) the Iowa law significantly increases the company's costs, since the states bordering Iowa all allowed truck companies to use larger trucks.

Other important admendments

2nd- Keep and bear arms. 4th-Unreasonable search and seizure;must have probable cause for search/warrant. 5th- due process, double jeopardy (can't be charged for the same crime twice), Self-incrimination(can't be inferred negatively) 6th- right to counsel and trial. 8th-excessive bail/fines and cruel and unusual punishment. 9th- people hold rights beyond the constitution. 10th- if not covered in constitution, reserved to the states. "police power" 14th amendment- equal protection claus, cant discriminate on race or age.(YOU MUST HAVE GOVERNMENT INTEREST SUPPORT THE REASON FOR DISCRIMINATION)

A court may have authority over an individual who is not domiciled in the court's jurisdiction.

>A. True b. False

A defendant may seek to have a case brought before the federal courts when federal jurisdiction arises in a case that is already underway in state court.

>A. True b. False

A lawyer may not obstruct another parties access to evidence.

>A. True b. False

Administrative agencies cannot create original laws.

>A. True b. False

Beccaria's writings were influential during the formative years of American society.

>A. True b. False

If a client discloses intent to commit murder, an attorney can break the privilege of confidentiality to law-enforcement officials.

>A. True b. False

In Indiana, the following statement made by a judicial candidate would be a violation of judicial ethical rules: "I pledge to be tough on child molesters."

>A. True b. False

Law as a protective measure began with the Bill of Rights

>A. True b. False

Lobbyists are required to register in Indiana.

>A. True b. False

Many people think Chief Justice Marshall should have recused himself in Marbury v. Madison due to a conflict of interest.

>A. True b. False

McCulloch v. Maryland is known for two propositions, one of which is represented by the now famous quote, "the power to tax is the power to destroy"

>A. True b. False

Most modern Constitutional Amendments now have expiration dates to prevent them from pending for long periods of time.

>A. True b. False

Most states reacted to the Kelo decision swiftly by either legislation or Constitutional Amendment reducing the broad sweep of the U.S. Supreme Court's reading of the 5th Amendment.

>A. True b. False

Normally a defendant in a criminal proceeding who remains in jail over 6 months is there on his own motion.

>A. True b. False

Ordinarily, an affirmative defense must be plead in a responsive pleading or the court may consider the argument "waived."

>A. True b. False

Statutes are written broadly and generally do not include specific scenarios.

>A. True b. False

What type of law is most effective in dealing with a large or national industry requires monitoring for public welfare or safety

>A. administrative law b. business law c. commercial law d. delegated law

Statutes are generally written

>A. in general terms for application for all citizens b. in highly specific terms for application to certain citizens c. only for criminal issues d. only for US citizens

a. Be free from Federal oversight b. Contest state taxation c. Contest Federal taxation >D. Contest Incarceration

A Writ of Habeus Corpus is essentially a right to...

Law

A body of enforceable rules governing relationships among individuals and between individuals and their society

Business corporation

A business corporation is a type of business organization created under state law which offers limited liability protection to the business' owners (shareholders) for the debts and legal obligations of the corporation.

Civil Case

A case between parties decided by a state or federal court involving civil law.

Filtering Software

A computer program that is designed to block access to certain websites, based on their content

Sales Contract

A contract for the sale of goods under which the ownership of goods is transferred from a seller to a buyer for a price

Justiciable Controversy

A controversy that is not hypothetical or academic but real and substantial

Shareholder View

A corporation's "social responsibility" is to maximize its profits and follow all applicable law

In-rem Personal Jursidction

A court may have personal jurisdiction over a defendant who owns property in the state and the defendant's property is related to the case before the court

In-rem Personal Jurisdiction

A court may have personal jurisdiction over a defendant who owns property in the state and the defendant's property is related to the case before the court.

Quasi-in rem Personal Jurisdiction

A court may have personal jurisdiction over a defendant who owns property in the state, the defendant has lost a legal judgment in another state, and the plaintiff in the case that resulted in a judgment is asking the court to force the defendant to sell his or her property to pay off the judgment.

Subject Matter Jurisdiction

A court must have the authority to interpret and apply the law so as to make a decision to resolve a specific legal dispute. This authority is created by either the Constitution (state or federal) or statutory law (state or federal) .

Subject Matter Jursidiction

A court must have the authority to interpret and apply the law so as to make a decision to resolve a specific legal dispute. This authority is created by either the Constitution (state or federal) or statutory law (state or federal) and is referred to as the court's subject matter jurisdiction

Personal Jurisdiction

A court must have the authority to order the defendant in a civil or criminal case to appear before the court. This authority is based on the specific connections the defendant has to the state in which the court is located

B

A disadvantage of the corporate form of business organization is the issue of "double taxation" of corporate profits. "Double taxation" in this context means: a. the board of directors is taxed on any income they receive directly from the corporation and the corporation's profits are taxed separately. b. the corporation's profits are taxed as are the profits paid to shareholders of the corporation in the form of dividends. c. compensation received by officers of the corporation is not taxed, but the compensation paid by the corporation to its board of directors is taxed twice. d. the corporation pays both state and federal income taxes on its profits.

Dividends

A dividend is a payment made by a corporation to its shareholders (owners) based on the corporation's profits. Dividend payments are usually made on a per share basis and paid directly to the shareholder.

Assumption of Risk

A doctrine under which a plaintiff may not recover for injuries or damage suffered from risks he or she knows of and has voluntarily assumed

Summons

A document informing a defendant that a legal action has been commenced against her or him and that the defendant must appear in court on a certain date to answer the plaintiff's complaint

Primary Source of Law

A document that establishes the law on a particular issue, such as a constitution, a statute, an administrative rule, or a court decision

Commerce

A federal Court of Appeals found that an amendment to South Dakota's state constitution that prohibits out-of-state corporations from owning farmland in South Dakota was unconstitutional under the United States Constitution. Given these facts, the amendment to the South Dakota state constitution was most likely found unconstitutional under the ______________ Clause of the United States Constitution.

B

A federal administrative agency that intends to pass an informal substantive/legislative administrative rule must first: a. obtain advice and consent from Congress. b. publish the proposed rule in the Federal Register. c. schedule a public hearing to answer any questions about the proposed administrative rule. d. get approval of the proposed administrative rule from the President and other executive administrative agencies. e. All of the above

Fair Labor Standards Act (FLSA)

A federal statute that requires covered employers to pay their non-exempt employees a minimum wage and overtime for all hours worked in excess of 40 hours per week

Employee Retirement Income Security Act (ERISA)

A federal statute which establishes certain standards for private pension plans and for employee benefit plans

Information

A formal accusation or complaint (without an indictment) issued by certain types of actions by a government prosecutor

A

A former University of Iowa student filed a lawsuit last year against the State of Iowa and the University claiming that she was injured in a physics laboratory three years ago because of the negligence of the teaching assistants who were supervising her experiment at the time of the accident. The source of law in this civil lawsuit is most likely: a. Iowa common law. b. Federal common law. c. Iowa statutory law. d. Iowa administrative law. e. a or b

Which of the following would be business interests that the Employer could legitimately protect through the use of a Restrictive Covenant? (ALL OF THESE)

A formula that is used to determine the price of products the Employer sells. Information about how the Employer's products are designed and manufactured. The personal relationships the Employee had developed with the Employer's customers because of his position of sales manager. A list of the Employer's customers.

Pre-Trial Conference

A judge in a civil case will meet with the plaintiff and defendants (or with their lawyers if they have hired lawyers) before a court trial is held to discuss the issues that will be presented in the case, the witnesses who will testify and the exhibits that both sides will use to support their respective arguments. It is not unusual for the judge to also ask the lawyers during the pre-trial conference about the possibilities that the lawsuit could be settled through negotiations.

Dissenting Opinion

A judge in an appellate case who objects to the decision or to the reasoning of the majority of judges on the appellate court can write a dissenting opinion to the majority of the court's decision. In the dissenting opinion, the judge can indicate where and why he or she disagrees with the majority decision.

Default Judgment

A judgment entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff's claim

Enabling Legislation

A law passed by Congress (or by a state legislature) that creates an administrative agency; federal administrative agencies may exercise only those powers that Congress has delegated to them

Sunset Law

A law that requires an administrative agency to end, or which terminates the agency's authority under its enabling statute is called a Sunset Law. When a specific provision requiring the agency to terminate its operations after a set period of time is included in an enabling statute, the provision is called a Sunset Provision.

E

A law which says that it's illegal to drive faster than 55 miles per hour on a state highway, and which requires a fine of $75 if anyone is caught by the police driving faster than 55 miles per hour on a state highway, is most likely an example of _______________ law. a. substantive b. common c. statutory d. administrative e. a and c

Cross Examination

A lawyer who asks questions of the other party's witnesses in a civil or criminal case does so during the cross examination of the witness.

Direct Examination

A lawyer who asks questions of witnesses representing his client (either the plaintiff or the defendant in a civil lawsuit or the prosecution and defendant in a criminal case) does so during the direct examination of the witness.

Non-compete provision

A non-compete provision is part of an employee's employment contract and states that the employee will not work for the employer's competitor or start his or her own business that competes with the employer within a set period of time (usually one to two years) after the employee leaves his or her job with the employer

Standing to Sue

A person has legitimate issues giving him or her the legal right to bring a lawsuit

Business Invitee

A person, such as a customer or a client, who is invited onto business premises by the owner of those premises for business purposes

Discovery

A phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial; it is "to make trial less a game of blindman's bluff and more a fair contest, with the basic issues and facts disclosed to the fullest practicable extent"

Reply

A plaintiff's answer to the defendant's counterclaim in a civil lawsuit is called a reply.

Motion to Dismiss

A pleading in which a defendant asserts that the plaintiff's claim fails to state a cause of action (that is, has no basis of law) or that there are other grounds on which the suit should be dismissed

Procedural Administrative Rule

A procedural administrative rule identifies the process an administrative agency follows when applying the law that Congress, through an enabling statute, has charged the agency to apply and enforce

Socratic Questioning Technique

A process of instruction in which the instructor teaches students by asking questions designed to lead the students to solve the problem for themselves. Questions are designed to clarify concepts, probe consequences, and challenge assumptions and the evidence used to support those assumptions.

Declaration of Independence

A proclamation issued by the Continental Congress on July 4, 1776, written by Thomas Jefferson, that announced the independence of the thirteen American colonies from Great Britain

A

A prospective juror was excused from jury service after being questioned by the defendant's attorney. No reason was given by the defendant's attorney for rejecting the prospective jury member from serving on the jury. Under these facts, the juror was most likely stricken from jury service during the voir dire process as a result of a peremptory challenge. a. True b. False

True

A prospective juror was excused from jury service after being questioned by the defendant's attorney. No reason was given by the defendant's attorney for rejecting the prospective jury member. Under these facts, the juror was most likely rejected for jury service during the voir dire process as a result of a peremptory challenge. True or False?

True

A prospective juror was excused from jury service after being questioned by the defendant's attorney. No reason was given by the defendant's attorney for rejecting the prospective jury member. Under these facts, the juror was most likely stricken from jury service during the voir dire process as a result of a peremptory challenge. True or False?

Secondary Source of Law

A publication that summarizes or interprets the law, such as a legal encyclopedia, a legal treatise, or an article in a law review

Citation

A reference to a publication in which a legal authority - such as a statute or a court decision - or other source can be found

Ordinance

A regulation enacted by a city or county legislative body that becomes part of that state's statutory law

Restrictive Covenant

A restrictive convent is part of an employee's employment contract and states that the employee will not work for the employer's competitor or start his or her own business that competes with the employer within a set period of time (usually one to two years) after the employee leaves his or her job with the employer.

Contributory Negligence

A rule in tort law that completely bars the plaintiff from recovering any damages if the damage suffered is partly the plaintiff's own fault; used in a minority of states

Comparative Negligence

A rule in tort law that reduces the plaintiff's recovery in proportion to the plaintiff's degree of fault, rather than barring recovery completely; used in a majority of states

Rule of Four

A rule of the U.S. Supreme Court under which the Court will not issue a writ of certiorari unless 4 justices approve of the decision to issue the writ

Bench Decision

A ruling made by an arbitrator at the close of an arbitration hearing

Bench Decision

A ruling made by an arbitrator at the close of an arbitration hearing.

Puffery

A salesperson's often exaggerated claims concerning the quality of property offered for sale; such claims involve opinions rather than facts and are not considered to be legally binding promises or warranties

A

A scene from the movie Class Action was shown in class to demonstrate the use of a/an ______________ during the discovery stage of a civil lawsuit. a. deposition b. request for admissions c. interrogatory d. request for the production of documents e. physical examination

E

A scene from the movie To Kill a Mockingbird was shown in class as an example of a/an ______________ in a criminal trial. a. opening statement b. deposition c. cross-examination d. motion for summary judgment e. closing statement

Legal Positivism

A school of legal thought centered on the assumption that there is no law higher than the laws created by a national government

Stakeholder

A stakeholder is any person or organization who is affected by or has an interest (a "stake") in the operations of a business.

True

A state court judge cannot grant a judgment non obstante verdicto (J.N.O.V.) until after the jury enters a verdict in a civil lawsuit. True or False?

B

A state court judge may grant a judgment non obstante verdict (J.N.O.V.) before the jury enters a verdict in a civil lawsuit. a. True b. False

Right to Work Law

A state law that prohibits an employer from negotiating a contract provision with a labor union that would require the employer's employees from joining that labor union as a condition of their employment (can't exclude non-union workers)

True

A state law that requires all wrongful death lawsuits to be filed within two years of the victim's death is an example of procedural law. True or False?

Statute of Frauds

A state law that requires certain types of contract (e.g., contracts for the sale of goods in excess of $500, contracts for the sale or transfer of interests in land, contracts made in consideration of marriage, etc.) to be in writing in order to be legally enforceable is commonly referred to as a Statute of Frauds.

Jurisdiction

A state or federal court must have the legal authority to decide a lawsuit and to require that the parties to the lawsuit present their arguments.

Good Samaritan Statute

A state statute stipulating that persons who provide emergency services to, or rescue, someone in peril cannot be sued for negligence, unless they act recklessly, thereby causing further harm

Dram Shop Act

A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication

Long Arm Statute

A state statute that permits a state to obtain personal jurisdiction over nonresident defendants

Long Arm Statute

A state statute that permits a state to obtain personal jurisdiction over nonresident defendants. A defendant must have a certain "minimum contacts" with that state for statute to apply

Universal Declaration of Human Rights

A statement made by the United Nations General Assembly on Dec 10, 1948 identifying the inherent rights of every person

Stocks

A stock is a legal ownership interest in the assets of a corporation.

B

Country music singer John Michael Montgomery was arrested for drunk driving in February 2006 by Lexington, Kentucky police officer Joshua Cromer. After his arrest, Mr. Montgomery made several public statements - and a written statement to the Lexington Police Department - that Officer Cromer "stole his hat" during the arrest and planned to sell the hat on eBay. Mr. Montgomery is known by his fans for the fancy cowboy hats he wears. Based in large part on Mr. Montgomery's statements, the Lexington, Kentucky Police Department later fired Officer Cromer from his job. Officer Cromer has recently filed a lawsuit against Mr. Montgomery in Kentucky state court, claiming that Mr. Montgomery's statements that Officer Cromer "stole" his cowboy hat and planned to sell the hat on eBay were false and have "defamed his character." If Officer Cromer's civil lawsuit against Mr. Montgomery goes to trial, the evidentiary standard the judge or jury will use in the case to make a decision will be: a. proof beyond a reasonable doubt. b. a preponderance of the evidence.

B

Country music singer John Michael Montgomery was arrested for drunk driving in February 2006 by Lexington, Kentucky police officer Joshua Cromer. After his arrest, Mr. Montgomery made several public statements - and a written statement to the Lexington Police Department - that Officer Cromer "stole his hat" during the arrest and planned to sell the hat on eBay. Mr. Montgomery is known by his fans for the fancy cowboy hats he wears. Based in large part on Mr. Montgomery's statements, the Lexington, Kentucky Police Department later fired Officer Cromer from his job. Officer Cromer has recently filed a lawsuit against Mr. Montgomery in Kentucky state court, claiming that Mr. Montgomery's statements that Officer Cromer "stole" his cowboy hat was false and has "defamed his character." If Officer Cromer's civil lawsuit against Mr. Montgomery goes to trial, the evidentiary standard in the case for the judge or jury to decide will be: a. proof beyond a reasonable doubt. b. a preponderance of the evidence. c. the clear and convincing weight of the evidence.

Precedent

Court decision that furnishes an authority for deciding subsequent cases involving identical facts.

Injuction

Court decree ordering a person to do or refrain from doing a certain act. Favored when money damages are inadequate and want something done instead.

Libel

A tort based on the publication of a written statement known to be false and which has or which may have the effect of injuring another person's reputation is called libel. Libel is a form of defamation.

Libel

A tort based on the publication of a written statement known to be false and which has or which may have the effect of injuring another person's reputation. It is a form of defamation

Slander

A tort based on the publication of an oral statement known to be false and which has or which may have the effect of injuring another person's reputation is called slander. Slander is a form of defamation.

Arbitration

A type of alternative dispute resolution process in which a neutral third-party (the "arbitrator") reviews evidence presented by the parties to a dispute and ultimately makes a final decision which resolves the parties' dispute.

Mediation

A type of alternative dispute resolution process in which a neutral third-party (the "mediator") attempts to work with the parties to a dispute to reach a voluntary agreement that resolves the dispute.

Negotiation

A type of alternative dispute resolution process whereby the parties to a dispute attempt to resolve their dispute by reaching a mutual agreement. The parties may or may not be represented in the negotiation by lawyers.

Personal Jurisdiction

Court must have authority to order parties to appear before court to defend lawsuit State court- Personal jurisdiction over all state residents. Federal courts- personal jurisdiction over all U.S. resident

Common Law

A type of case law. Some areas of the law are not specifically regulated by statutes, constitutions or administrative law. In those cases, judges fill in the gaps in the law by looking at past cases and using legal standards and rules created by other judges in the cases. This type of law is created by state court judges and is called common law. State not federal.

Legal Realism

A type of legal jurisprudence based on the belief that judges should interpret laws in court cases based on the unique circumstances of each case, and societal and economic trends, as opposed to following past court cases or established legal rules

Shuttle Mediation

A type of mediation in which the mediator first meets with both parties to a dispute and then places each party in a different room. The mediator then goes between the two parties, attempting to obtain proposals from both parties that can be used by the mediator to help find a way to resolve the parties' dispute.

Conference Mediation

A type of mediation whereby the mediator keeps the parties to a dispute talking with each other in the same room as a way of facilitating an agreed-upon resolution to the dispute.

Legal Positivism (Jurisprudence)

A view of law based on the notion that a person's legal rights are strictly based on laws made by legislatures (state and federal) or by courts

T

A violation may be both a crime and a civil offense

Which of the following is an example of a "passive" website?

A website that advertises a company's products and which includes a 1-800 telephone number that customers can call to place product orders. A website that allows customers to compare different airline flights and to book their flights on-line by paying with a credit card. **A website that advertises music concerts at a community auditorium and directs customers to purchase their tickets directly at the community auditorium ticket window.**

Writ of Certiorari

A writ from a higher court asking a lower court for the record of a case

Intentional Tort

A wrongful act knowingly committed

Mens Rea

A wrongful mental state or intent that is required to establish criminal liability

The following case has been credited for extending the exclusionary rule to the states

A. Mapp v Ohio

Which of the following is a common defense against allegations of breach of contract

A. accord and satisfaction

A case is considered testate when the decedent

A. dies with a valid will

An agency occurs when one person

A. has authority to act on behalf of another

Which of the following did we not talk about as a duty owed by the principal to the agent

A. indemnification

When interpretating the terms of a contract the court will generally what rule

A. the plain meaning rule

D

A/an _________________ is a pleading filed by the plaintiff in response to a counterclaim filed by the defendant in the same lawsuit. a. summons b. affirmative defense c. answer d. reply e. affidavit

Equitable Remedies

Court orders meant to ensure fairness when money damages are inadequate

Small Claims Court

Court that hears minor civil cases involving small amounts of money

>A. Domestic relations cases b. Personal injury cases c. Medical malpractice cases d. Civil Contempt

According to the Indiana Rules of Professional Conduct, contingency fees are allowed in all but which of the following type of case?

Accommodation of Interests

Acknowledgement of the equitable consideration of parties involved in a dispute

B

Courts - both state and federal - still require that the plaintiff show privity of contract between the injured consumer (the plaintiff) and the manufacturer of a defective product (the defendant) in product liability lawsuits. a. True b. False

False

Actor Russell Crowe was arrested in New York City last year for allegedly throwing a telephone and an ashtray at a hotel employee. The hotel employee was injured by the thrown telephone. He filed a civil lawsuit against Mr. Crowe for his injuries. At the same time, criminal charges were filed against Mr. Crowe by the State of New York. Mr. Crowe reached an "out-of-court" settlement with the hotel employee for an "undisclosed amount of money" (reportedly $100,000) resolving "any and all civil claims" that the hotel employee might have against Mr. Crowe. Based on these facts, the State of New York will be prohibited from trying to convict Mr. Crowe on the criminal charges because of the Double Jeopardy protection of the United States Constitution. True or False?

Drug Courts

Courts that handle drug-related crimes

Appellate Courts

Courts that hear appeals of lower court decisions

E

Adam was very angry with Bob and decided he was going to hit him with a baseball bat. Adam found Bob in the park, lying on the ground. He swung at Bob, but hit the ground next to him. After he missed hitting Bob, Adam realized that Bob was actually sleeping. Embarrassed by the ridiculousness of the situation, Adam left Bob lying in the park unharmed, still sleeping and clueless as to the events that had occurred. Based on these facts, for which of the following torts is Adam most likely liable? a. Intentional infliction of emotional distress b. Assault c. Battery d. Intrusion/Invasion of privacy e. None of the above

Constitution

Adopted in 1787 and was ratified by nine of the original 13 states in 1789; creates a "federal form of government"

Bill of Rights

Adopted in 1791; consists of the first 10 Amendments to the Constitution; protects individuals from "various types of interference by the federal government"

F

Advertisements that ask the offeree to perform an act, as a way of accepting cannot be considered offers

Motion to Dismiss

After being served with the plaintiff's written pleadings in a civil lawsuit (the complaint and summons), the defendant may ask the court to dismiss the lawsuit by filing this which include claims such as the court lacks personal and or subject matter jurisdiction over the defendant, or the lawsuit was not timely filed or there is no legal authority to support the claims included in the plaintiff's complaint.

Motion to Dsimiss

After being served with the plaintiff's written pleadings in a civil lawsuit (the complaint and the summons), the defendant may ask the court to dismiss the lawsuit by filing a motion to dismiss. The grounds for a motion to dismiss frequently include claims such as the court lacks personal and or subject matter jurisdiction over the defendant, or the lawsuit was not timely filed or there is not legal authority to support the claims included in the plaintiff's complaint

Affirmative Defense

After receiving the plaintiff's complaint and summons in a civil lawsuit, the defendant must respond to the plaintiff's allegations. This is usually done in a responsive written pleading called an answer. In the answer, the defendant must identify state which specific parts of the plaintiff's complaint that he or she both agrees with and denies. Certain defenses to the plaintiff's legal claims must be raised by the defendant in his or her answer. These defenses, called affirmative defenses, will defeat the plaintiff's legal claims, even if the factual allegations supporting the plaintiff's legal claims are true. The defendant's failure to list these affirmative defenses in the answer may prevent the defendant from using the affirmative defenses later in the trial.

B

Dan serves on the board of directors for the General Electric Company (a publicly-traded corporation). Last year, one of Dan's fishing buddies, Seabass, approached Dan with the design for a more efficient steam-driven generator. Seabass and Dan first met at a meeting held at the General Electric Company's headquarters. Dan told Seabass to investigate the project further, and to let him know when "the cost picture becomes clear." Yesterday, Seabass met with Dan and showed him the blueprints for the generator, as well as the patent he received for a unique design innovation regarding the shape of the turbine blades. Seabass asked Dan to enter into a general partnership agreement with him. Dan comes to you, insistent that this is the opportunity of a lifetime. As Dan's attorney, what would you advise him to do? a. Partner with Seabass, but act as a "silent" or "limited" partner who contributes money only. b. Partner with Seabass, but have Dan first resign from the board of General Electric to avoid violating his fiduciary duties to General Electric. c. Partner with Seabass, because even if Dan will be in competition with General Electric, it should not matter because a partnership is a different business entity than a corporation and partners do not have any fiduciary duties. d. Partner with Seabass, but forbid Dan from telling General Electric that he is in the partnership.

Criminal Law

Deals with wrongful actions committed against society for which society demands redress

Slander

Defamation in oral form

Libel

Defamation in writing or other form having the quality of permanence (such as a digital recording)

Jury Selection

Defendant may waive right to a jury trial. Voir Dire-Attorneys questions prospective jurors to learn about personal characteristics that may affect ability to serve as impartial jurors. Challenge for cause-Provide reason why jurors shouldn't be sworn in (Jurors have relationship with people involved in case) Premptory Challenges-No specific reason needed.

Insanity

Defense: "A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law"

Statute of Limitations

Defense: The "window of opportunity" for prosecution of certain crimes

Self-Defense

Defense: The amount of non-deadly force reasonably necessary to protect yourself; the use of deadly force only in the event of a reasonable belief that imminent death or bodily harm will happen, the defendant has not provoked the attack and the attacker is using unlawful force

Duress

Defense: The defendant was threatened with serious bodily harm or death and "the harm threatened must be greater than the harm caused by the crime"

Mistake

Defense: The law was not published or made reasonably known to the public or the defendant relied on an official statement of the law that was wrong

Verdict/Judgement

Directed Verdict-After plaintiffs case, either side may ask fro this verdict (Believe evidence is enough to make a verdict) IF DENIED...- Move to defendants evidence then rebuttal evidence by plaintiff. After this- Closing arguments. Jury instructions- Judge explains which law is relevant to case, both sides then submit their relevant version of law to judge.

Alternative Dispute Resolution

Dispute resolution processes that are designed to resolve disputes and which are intended to be an alternative to litigation. Three common alternative dispute resolution processes are negotiation, mediation, and arbitration.

Code of Ethics

Document outlining the type of ethical behavior expected of an employee on the job

Interrogatories

During the pre-trial discovery phase of a civil lawsuit, the parties seek information from the other side through written questions, called interrogatories, which must be answered by the party under oath.

Challenges for Cause

During the voir dire process used to select jury members, lawyers for the parties may ask the judge to remove a person from being considered to serve on the jury because of an answer the person gave that shows that he or she is biased and favors one or the other side in the case - that he or she cannot make a fair decision serving on the jury

Duty-Based Ethics v. Outcome-Based Ethics

Duty Based and outcome-based

True

Each state in the United States has its own constitution. True or False?

C

Edwina, the leading rocket scientist in the United States, enjoys toast every morning for breakfast. Once and a while, the bread in the toaster gets stuck and Edwina is forced to find some way to get the bread out of her toaster. Yesterday, Edwina was severely injured when she tried to get a piece of toast out of her toaster using a metal bread knife - Edwina did not unplug the toaster before she started digging around in the toaster with her metal bread knife. There was no warning on the toaster or in the paperwork that came with the toaster about sticking a metal bread knife in the toaster while it was plugged in to an electrical outlet. Based on these facts, will Edwina be successful in a product liability lawsuit filed against the company that manufactured the toaster? a. Yes, because product manufacturers are automatically liable for any injury suffered by people who use their products. b. No, because the risk of sticking a metal bread knife in a toaster while it is still plugged in to an electrical outlet is an "obvious risk" for which no warning at all was required of the toaster manufacturer. c. Yes, because Edwina's use of a metal bread knife to try to get the toast out of her toaster was a "foreseeable misuse" for which the manufacturer should have anticipated and warned consumers about. d. No, because Edwina is a rocket scientist and should understand the dangers of sticking a metal bread knife into a toaster plugged into an electrical outlet. e. a or c

Law

Enforceable set of rules of conduct

Money Laundering

Engaging in financial transactions to conceal the identity, source, or destination of illegally gained funds

Federal Government with Enumerated Powers

Enumerated Powers- Congress can "make all laws which shall be necessary and proper for carrying into Execution the foregoing powers vested by the Constitution" Government have all the power to carry out the constitution.

Ethics

Ethics generally refer to standards of "right" and "wrong" or "good" and "bad" behavior. As individuals we can have personal ethics, our own standards of what is "right" and "wrong." Organizations likewise can establish organizational standards of what is "right" and "wrong," standards that are frequently published in the organization's policies.

Business Ethics

Ethics in business context; a consensus as to what constitutes right from wrong behavior in the world of business and the application of moral principles to situations that arise in a business setting

True

Eva Longoria - star of the television program "Desperate Housewives" - and her boyfriend, professional basketball player Tony Parker, were involved in an altercation with a police officer in San Antonio, Texas. Mr. Parker was charged with impeding traffic and failing to present a valid Texas driver's license. If Mr. Parker decides to contest these criminal charges in court, the burden of proof in his case will most likely be proof beyond a reasonable doubt. True or False?

Executive Administrative Agencies

Executive administrative agencies are generally created by the executive branch of government (the president and executive-level offices). Officials who lead and manage executive agencies can generally be removed from their positions by the president without cause.

Intentional Infliction of Emotional Distress

Extreme and outrageous conduct that causes serious emotional harm

A drawee bank's refusal to certify a check constitutes dishonor of the instrument.

False

A manager does not have a "duty to care" when hiring an at-will employee.

False

A manager does not need to be concerned about conducting a thorough interview of an applicant for an at-will position since the employee can be easily fired if he or she is not a good employee.

False

A note must be signed by the drawer, while a draft must be signed by the maker.

False

A person can be a holder only if the instrument has been transferred to that person by negotiation.

False

A qualified indorsement destroys the instrument's negotiability.

False

A simple sentence stating whether the worker is an independent contractor, an at-will employee, or a contract employee is usually all that is needed to justify the employment relationship to a court or administrative agency.

False

An accommodation party will always be primarily liable on an instrument.

False

An aggrieved buyer may make a reasonable contract of cover and then seek to recover from the seller the difference between the cost of cover and the market price, plus any incidental and consequential damages.

False

An allonge may be used only if the instrument does not contain sufficient space for an indorsement.

False

An employee can be lawfully disciplined for the following: Following an unwanted move to a lower-paying work shift, an employee made a post on Facebook that included a profanity stating that the employer had messed up. Some coworkers made similar critical comments on the employee's Facebook page, including that the employer would rather "get rid of the higher-paid smarter staff."

False

An indorsement written on a piece of paper clipped to the instrument is not valid.

False

An indorser who has indorsed a negotiable instrument with a qualified indorsement stating that it is "without recourse" has no liability of any kind to subsequent holders.

False

An instrument is negotiable even though it is incomplete as to the amount payable.

False

An instrument is nonnegotiable if the holder may extend the maturity of the instrument for an indefinite period of time.

False

An instrument is nonnegotiable if the obligor may extend the maturity of the instrument for a definite period of time.

False

An obligation-oriented remedy is one that provides the aggrieved party with the opportunity to recover monetary damages.

False

An unauthorized signature cannot be ratified by the person whose name appears on the instrument.

False

Article I of the United States Constitution give sthe Congress broad "police powers" to regulate the "public health, safety, and welfare."

False

As an employer, if you have the legal right to do something, then it probably is the right thing to do for your business.

False

Assignment is the transfer of a negotiable instrument in such a manner that the transferee becomes a holder.

False

Common law marriages are recognized in Indiana

False

Contributory negligence by the user of a defective product that is unreasonably dangerous will prevent the user from pursuing a claim based on Section 402A.

False

Elder, an authorized agent for Mullins, signs a negotiable instrument, "Mullins, principal, by Elder, agent." Mullins has primary liability and Elder has secondary liability on the instrument.

False

Greater rights are given to the transferee under assignment than under negotiation.

False

Heidi Homeowner buys a defective toaster at a neighborhood garage sale and is injured when it explodes. Heidi can sue her neighbor for breach of the implied warranty of merchantability.

False

In Davis v. Watson Brothers Plumbing, Inc., the court found that Davis was not a "holder" of the check.

False

In resolving ambiguities, printed words control typewritten and handwritten words, and typewritten words control handwritten words.

False

Is the following a lawful employment policy? Employees are prohibited from posting discriminatory, defamatory, or harassing entries about specific employees, work environment, or work-related issues on social media sites.

False

Is the following a lawful employment policy? Employees are prohibited from using social media or blogs to make disparaging comments about the company or to engage in unprofessional communication that could negatively influence the employer's reputation or interfere with the employer's mission.

False

Negotiation of a bearer instrument requires a valid indorsement.

False

The Arbitrator has the authority under the Arbitration clause of the Employee's employment agreement to "rewrite" the Restrictive Covenant to make it reasonable and thus enforceable.

False

The Code has rejected the common law remedy of cover.

False

The Code requires that a seller make certain warranties, which cannot be disclaimed.

False

The Commerce Clause allows states to pass laws that regulate businesses engaged in interstate commerce provided the state laws do not conflict with an existing federal statute passed by Congress.

False

The Constitutional protection against self-incrimination only applies to situations when a person is asked to testify against himself in a criminal trial.

False

The concept of holder in due course was developed to make transferees subject to defenses.

False

The doctrine of strict liability in tort may be held to be applicable to merchant sellers for personal injuries but not property damage.

False

The expression "as is" will only disclaim the implied warranty of merchantability if it is in writing and conspicuous.

False

Under Revised Article 3, an order to pay only out of a particular fund makes the instrument conditional and thus destroys negotiability.

False

C

Federal administrative agencies are generally created by: a. an executive order issued by the United States Congress. b. the federal district courts to help reduce the number of complaints/disputes that go to court. c. an enabling statute passed by the United States Congress. d. a Supreme Court decision. e. an executive order issued by the President.

Harold Hongju Koh

Federal courts are courts of LIMITED subject matter jurisdiction

Diversity of citizenship subject matter jurisdiction

Federal courts have diversity of citizenship subject matter jurisdiction over cases that involve a plaintiff and a defendant from different states and where the plaintiff is suing the defendant for more than $75,000

Diversity of Citizenship Subject Matter Jurisdiction

Federal courts have diversity of citizenship subject matter jurisdiction over cases that involve a plaintiff and defendant from different states and where the plaintiff is suing the defendant for more than $75,000

Federal Question Jurisdiction

Federal courts have federal question subject matter jurisdiction over cases involving application of federal laws or the United States Constitution.

Key topics of jurisdiction

Federal courts have subject matter jurisdiction over a case via federal question jurisidction or diversity of citizenship jurisdiction. Long-arm statutes are state laws used by state courts to obtain personal jurisdiction over out-of-state defendants- "doing business in a state," breach a contract with a state resident, have an accident in a state, etc. "A corporation is a citizen in both the state it is incorporated in and the state in which its principle place of business is (can be multiple other states"

Diversity of Citizenship Subject Matter Jurisdiction

Federal courts have this over cases that involve a plaintiff and defendant from different states and where the plaintiff is suing the defendant for more than $75,000.

Foreign Corrupt Practices Act

Federal government with Enumerated Powers

Federal Courts Subject Matter Jurisdiction

Federal questions cases, Diversity of citizenship cases, Removal

The right, or privilege, against self-incrimination can be found in the ___ Amendment to the United States Constitution.

Fifth

A

Final administrative rules, whether passed by formal or informal procedures under the federal Administrative Procedures Act, must be published in the Federal Register. a. True b. False

Bill of Rights

First 10 Amendments of the Constitution. Identifies individual rights and protects them from the action by the government. Only relate "state action," not private action.

Bill of Rights

First ten amendments to the US Constitution

Outcome-Based

Focused on the circumstances (For the greater good) Utilitarianism-> cost-benefit analysis and the greater good for the greatest number of people-> Follow path that leads to greatest improvement in well-being.

"Sliding Scale" Standard

For a state court to be able to assert personal jurisdiction over a defendant - that is, to properly order a defendant to come to the court to defend a lawsuit - the defendant must have "minimum contacts" with the state

True

For diversity of citizenship purposes, a corporation is considered to be a resident of its state of incorporation and the state in which it has a principal place of business. True or False?

Robbery

Forcible taking of money or personal property from another

Indictment

Formal, written accusation by a grand jury that one has committed a crime.

First Amendment

Freedom of speech and freedom of religion. Limitations on the time, place and manner of speech are permissible. Content regulation needs a compelling state interest. Ex) Bong Hits for Jesus-Inappropriate for youth, makes University appear as if they approved marijuana. Commercial Speech- advertising a product or speech that has a dominant theme to propose a commercial transaction. Freedom of Religion Establishment Clause- state may not favor or disfavor religion. Free Exercise Clause- Limits state power to interfere with religious practices or forms of religion-Must serve compelling state interest.

Ethics

Generally refer to standards of right and wrong or good and bad behavior. Organizations likewise can establish organizational standards of what is right and wrong, standards that are frequently published in the organization's policies

F

Gideon v.s. Wainwright stated in the lower courts of Georgia

Commerce Clause

Gives Congress the power to regulate any activity that has substantial economic effect on interstate commerce. If there is a case dealing with both State and Federal law then federal government has control (Gibbons v. Ogden, Wickard v. Fillburn, Heart of Atlanta Motel v. U.S.)- If there is a substantial and harmful effect on commerce.

A

Gonigam's World Furniture Mall in Plano, Illinois offered all of its customers who bought furniture during the store's 2006 Labor Day weekend sale "free furniture up to $10,000" if the Chicago Bears football team "shut out" the Green Bay Packers (i.e., did not allow the Packers to score any points) football team on September 10, 2006. Customers, in turn, had to agree not to return the furniture. On September 10th, the Bears beat the Packers 26 - 0. If you purchased $7,000 worth of furniture from Gonigam's World Furniture Mall during the store's 2006 Labor Day weekend sale, and as discussed in class, you would have a binding: a. bilateral contract to get your furniture "for free." b. unilateral contract to get your furniture "for free." c. contract based on the legal doctrine of quantum meriut to get your furniture "for free." d. quasi-contract to get your furniture "for free." e. contract based on the legal doctrine of promissory estoppel to get your "furniture for free."

Natural Law

Government and legal system should reflect universal moral and ethical principles that are inherent in human nature. Universal basic human rights

Driving While Intoxicated

Having consumed sufficient alcohol that the ability to properly operate a motor vehicle is affected

C

Hawkeye Apartments sues Samantha Student for not paying her apartment rent for the last three months of her lease. Samantha responds to the lawsuit by suing Hawkeye Apartments for not returning the security deposit on her apartment. Based on these facts, Samantha's legal claim Hawkeye Apartments is best described as a/an: a. complaint. b. summons. c. counterclaim. d. affirmative defense. e. reply.

C

Hawkeye Apartments sues Samantha Student for not paying her apartment rent for the last three months of her lease. Samantha responds to the lawsuit by suing Hawkeye Apartments for not returning the security deposit on her apartment. Based on these facts, Samantha's legal claim against Hawkeye Apartments is best described as a/an: a. complaint. b. summons. c. counterclaim. d. affirmative defense. e. reply.

Preliminary Hearings

Hearing immediately following an arrest to determine if probable cause for the arrest existed and whether continued restraint of the accused was warranted.

Historical School

Historical legal principles inform modern law. "Law derives legitimacy from adhering to standards that historical development has shown workable."

a. This is not authorized by the Constitution >B. 2/3 majority vote c. 3/4 majority vote d. Supreme Court intervention

How can Congress overturn a veto?

>A. Legislative enactment b. Order of the judiciary c. 2/3 approval of House d. 2/3 approval of Senate

How can an Administrative Agency be created?

D

How does civil law compare and contrast with criminal law? a. The burden of proof is higher in civil cases than in criminal cases. b. Civil law is based almost entirely on statutory law while criminal law relies heavily on common law and case precedent. c. Civil law is viewed as protecting society from harm while criminal law is intended to compensate the individual victims of crime through money damages. d. A criminal defendant who is convicted of committing a crime can be fined or sent to jail; on the other hand, a defendant in a civil case may be ordered to pay fines or money damages to compensate the plaintiff for her/his damages. e. All of the above

Actual Clause

If the defendant's breach ultimately led to the injury, the defendant is liable

T

If you act recklessly, but do not harm anyone, there is generally no tort

In this video, the employee wearing the black sweater implies that he gave basketball tickets to a customer so that the customer would place an order this quarter that would be immediately cancelled at the start of the next quarter. His actions are:

Illegal and unethical

D

In Granholm v. Heald, 544 U.S. 460 (2005), several out-of-state winery owners filed a lawsuit challenging a Michigan state law that prohibited out-of-state wineries from shipping wine directly to Michigan residents but allowed in-state wineries - those based in Michigan - to do so. The United States Supreme Court, as discussed in class, found that the Michigan law was unconstitutional based on the: a. First Amendment. b. "Takings" Clause of the 5th Amendment. c. 21st Amendment. d. Commerce Clause. e. Full Faith and Credit Clause.

E

In McCollum v. CBS, Inc., 202 Cal. App. 3d 989 (California Court of Appeals 1988) - the "Ozzy Osbourne case" - the California Court of Appeals decided that: a. Ozzy Osbourne had a legal duty to put a warning label on his record albums because the lyrics of Osbourne's music were specifically marketed to "unstable youth." b. CBS, Inc. and Ozzy Osbourne were legally responsible for the death of heavy metal musician Bon Scott. c. under California common law, Ozzy Osbourne was legally responsible for the suicide death of John McCollum. d. while Ozzy Osbourne did not have a legal duty to warn John McCollum about the graphic and violent nature of his music lyrics, Osbourne was morally responsible for John McCollum's suicide. e. None of the above

C

In McCollum v. CBS, Inc., 202 Cal. App. 3d 989 (California Court of Appeals 1988) - the "Ozzy Osbourne case" - the California Court of Appeals decided that: a. Ozzy Osbourne's song, "Suicide Solution," was intended to cause listeners to commit suicide. b. while Ozzy Osbourne did not have a legal duty to warn John McCollum about the graphic and violent nature of his music lyrics, Osbourne was morally responsible for John McCollum's death. c. Ozzy Osbourne's music, and specifically his song "Suicide Solution," was protected by the First Amendment's protection of free speech and artistic expression. d. since John McCollum's suicide was a foreseeable consequence of his listening to Ozzy Osbourne's music, Osbourne and CBS, Inc. were legally responsible for his death. e. None of the above

False

In Soldano v. O'Daniels, 141 Cal. App. 3d 443 (1983), the California Court of Appeals decided that it could not change California common law because of the legal doctrine of stare decisis. True or False?

True

In Soldano v. O'Daniels, 141 Cal. App. 3d 443 (California Court of Appeals 1983), the California Court of Appeals overturned its own case precedent to decide that a bartender had a legal duty to let a person use the bar's telephone to report a possible crime. True or False?

A

In a civil case, the plaintiff must prove her/his case by: a. a preponderance of the evidence. b. clear and convincing evidence. c. proof beyond a reasonable doubt. d. b or c e. None of the above

Default judgement

In a civil lawsuit, the defendant is required to respond to the allegations of the plaintiff's complaint. If the defendant fails to respond to the complaint, (or fails to defend the lawsuit) the plaintiff may ask the court to issue a default judgement. If the court issues a default judgement, the allegations of the plaintiff's complaint are considered true (because the defendant did not respond to them) and the plaintiff may take actions to recover the damages requested in his or her complaint against the defendant

Default Judgement

In a civil lawsuit, the defendant is required to respond to the allegations of the plaintiff's complaint. If the defendant fails to respond to the complaint, (or fails to defend the lawsuit) the plaintiff may ask the court to issue this where the allegations of the plaintiff's complaint are considered true (because the defendant did not respond to them) and the plaintiff may take actions to recover the damages requested in his or her complaint against the defendant.

Preponderance of the Evidence

In a civil lawsuit, the plantiff must present enough evidence to the judge or jury in teh case to meet the civil law standard of preponderance of the evidence in order to wit. Many lawyers consider this evidentiary standard as requirqing 51% or more of the evidence

Evidence

In a court case, a judge or jury makes a decision based on information that can include the statements of witnesses and documentary articles

A

In a criminal trial, the defendant can be acquitted (found "innocent") of all charges even if her lawyer does not offer any evidence - exhibits or witness testimony - to support the defendant's case. a. True b. False

Motion for a Directed Verdict

In a jury trial, a motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party who filed the motion on the ground that the other party has not produced sufficient evidence to support his or her claim

Question of Fact

In a lawsuit, an issue that involves only disputed facts, and not what the law is on a given point

B

In a product liability lawsuit based on a claim of common law strict liability, the plaintiff must prove that the: a. defendant's conduct was unreasonable. b. defendant manufactured or sold a product that was defective and the defect caused his/her harm. c. defendant negligently designed and/or manufactured the product. d. defendant breached a duty, which was the proximate cause of the plaintiff's injuries. e. All of the above

A

In addition to civil and criminal penalties, federal administrative agencies may seek injunctions to stop a person or business from engaging in behavior that violates a particular federal statute. a. True b. False

Jury Instructions

In civil and criminal cases in which juries are used, the judge will give the jury written instructions on the questions (issues) the jury must answer in the case as well as the law the jury must follow in reaching its decision.

Closing Statement

In civil and criminal cases, lawyers representing the parties in the case will give a closing statement to the judge and jury (if a jury is selected) outlining the key issues in the case, what they believe the evidence presented demonstrated and asking the jury for a specific outcome.

Request for Physical or Mental Examinations

In civil lawsuits, where the physical or mental capacity of the plaintiff or defendant is important to resolve the dispute, the parties may ask the court to grant an order requiring the plaintiff or defendant to submit to a physical or mental examination conducted by a health care professional

Request for Physical or Mental Examination

In civil lawsuits, where the physical or mental capacity of the plaintiff or defendant is important to resolve the dispute, the parties may ask the court to grant an order requiring the plaintiff or defendant to submit to a physical or mental examination conducted by a health care professional.

Entrapment

In criminal law, a defense in which the defendant claims that he or she was induced by a public official to commit a crime that he or she would not otherwise have committed

Exclusionary Rule

In criminal procedure, a rule under which any evidence that is obtained in violation of the accused's rights guaranteed by the Fourth, Fifth, and Sixth Amendments to the U.S. Constitution, as well as any evidence derived from illegally obtained evidence, will not be admissible in court

D

In general, and as discussed in class, federal administrative agencies may exercise: a. legislative power only. b. judicial and legislative power only. c. judicial power only. d. executive, judicial and legislative power. e. executive power only.

E

In his "A Letter from Birmingham Jail," Dr. Martin Luther King: a. relied on the principles of natural law to explain the difference between "just" and "unjust" laws. b. argued that segregation laws were "unjust." c. claimed that citizens have a moral obligation to disobey "unjust" laws. d. a and b e. a, b and c

True

In his criminal trial, O.J. Simpson was asked by his lawyers to try on a bloody glove that was found near Simpson's home. Judge Lance Ito allowed the bloody glove to be admitted into evidence and allowed Simpson to try to put the glove on his hand. Allowing the glove to be admitted into evidence at O.J. Simpson's criminal trial is an example of procedural law. True or False?

Common Ground

In negotiation and in mediation - both types of alternative dispute resolution processes - the parties look for issues that they can both agree to as a means of reaching an agreement to resolve a dispute. These "agreed-upon" issues are frequently called "common ground" issues.

Common Ground

In negotiation and in mediation the parties look for issues that they can both agree to as a means of reaching an agreement to resolve a dispute. These agreed upon issues are frequently called common ground issues

D

In order for a federal district court to have "diversity of citizenship" subject matter jurisdiction over a civil lawsuit, the plaintiff and defendant must be citizens of different states and the amount in controversy - the amount of money being sued for in the case - must exceed: a. $25,000 b. $50,000 c. $70,000 d. $75,000 e. None of the above

D

In order for a federal district court to have "diversity of citizenship" subject matter jurisdiction over a civil lawsuit, the plaintiff and defendant must be citizens of different states and the amount in controversy - the amount of money being sued for in the case - must exceed: a. $25,000. b. $50,000. c. $70,000. d. $75,000. e. $100,000.

Complete Diversity of Citizenship

In order for a federal district court to have diversity of citizenship subject matter jurisdiction over a civil lawsuit, the plaintiff and defendant must be from different states, this includes the situation when there are more than one defendant in the lawsuit.

Complete diversity of citizenship

In order for a federal district court to have diversity of citizenship subject matter jurisdiction over a civil lawsuit, the plaintiff and defendant must be from different states, this includes the situation when there are more than one defendants in the lawsuit

False

In order for the United States Supreme Court to grant a writ of certiorari, all nine Supreme Court justices must vote to accept the appeal. True or False?

Inquisitorial Court System

In some countries, legal disputes are decided by court judges who identify the witnesses in the case and who "searches for the truth" by interviewing witnesses and reviewing the evidence necessary to find this truth in determining which party wins the legal dispute

Inquisitorial Court System

In some countries, legal disputes are decided by court judges who identify the witnesses in the case and who "searches for the truth" by interviewing witnesses and reviewing the evidence necessary to find this truth in determining which party wins the legal dispute.

Standing

In the American legal system, a lawsuit can only be filed by someone who has or who reasonably may suffer an injury or damages that can be resolved through the courts. The plaintiff who has been directly harmed or is in imminent danger of being harmed by the defendant is said to have standing to sue.

T

In the U.S. today, law courts and equity courts are merged

Standing

In the american legal system, a lawsuit can only be filed by someone who has or who reasonably may suffer an injury or damages that can be resolved through the courts. The plaintiff who has been directly harmed or is in imminent danger of being harmed by the defendant is said to have standing to sue

B

In the case of Korematsu v. United States, 323 U.S. 214 (1944), the United States Supreme Court used the legal standard of intermediate scrutiny to decide Mr. Korematsu's Constitutional claim. a. True b. False

E

In the case of McCollum v. CBS, Inc., 202 Cal. App. 3d 989 (California 1988), the California Court of Appeals held that: a. Ozzy Osbourne and CBS Records owed no legal duty to John McCollum and were not responsible for John McCollum's death. b. Ozzy Osbourne, but not CBS Records, was legally responsible for John McCollum's death because the lyrics of Osbourne's "Suicide Solution" caused John McCollum to commit suicide. c. The McCollum family's wrongful death claim against Ozzy Osbourne was barred by the free speech protections of the First Amendment of the United States Constitution. d. although Ozzy Osbourne and CBS Records were not legally responsible for John McCollum, they shared in the "moral blame" for John McCollum's death because of their actions in writing, recording and selling the song "Suicide Solution." e. a and c

Commerce

In the case of Waste Management Holdings, Inc. v. Murphy, Waste Management Holdings, Inc. sued the State of Virginia, challenging the constitutionality of a Virginia law that prohibited Virginia landfills from accepting out-of-state garbage. The State of Virginia claimed that the health interests of its citizens supported the control of dumping garbage in Virginia landfills. Given these facts, the company's legal argument was most likely based on the __________________ Clause of the United States Constitution.

a. General Welfare Clause >B. Commerce Clause c. Necessary and Proper Clause d. Supremacy Clause

In the last 100 years, Congress has used which clause more than the others to reach and regulate in areas that some people might think of as historically purely state fairs?

Void

In the movie "S.W.A.T.," drug lord Alex Montel - on his way to jail - offers $100 million to anyone who can free him from police custody. If someone does what Montel proposes, that is break Montel out of jail, he or she would have a _________ contract with Montel.

D

In the movie Double Jeopardy, Ashley Judd plays Libby Parsons who is convicted of killing her husband. Later in Double Jeopardy, we discover that Ms. Parsons' husband staged his own death. The movie suggests that Ms. Parsons can in fact "shoot her husband in the middle of Mardi Gras" and get away with it because she cannot be convicted of the same crime twice under the Double Jeopardy Clause of the ___________ Amendment of the United States Constitution. a. 1st b. 2nd c. 3rd d. 5th e. 10th

D

In the movie The Insider, Russell Crowe plays Dr. Jeffrey Wiegand, a researcher with Brown & Williamson, the third largest tobacco company in the United States. As discussed in class, and based on the scene of The Insider viewed in class, Dr. Wiegand faced the following ethical issues involving his employment with Brown & Williamson: a. Dr. Wiegand was asked by the producers of the 60 Minutes television program to violate his signed confidentiality agreement with Brown & Williamson and talk about how Brown & Williamson manufactured cigarettes. b. Dr. Wiegand accepted a good salary and health insurance benefit package with Brown & Williamson - despite concerns he had about the company's "ethics" - so that he could take care of his family. c. Dr. Wiegand was forced by Brown & Williamson to fire one of the scientists on his research team who went on television to talk about how the company manufactured cigarettes. d. a and b e. a, b and c

B

In the movie, Class Action, the plaintiffs sued a car manufacturer because of flaws in the electric circuitry of the car, which caused the car to explode when the left turn signal was on and the car was struck from behind by another vehicle. As discussed in class, the plaintiffs' claims in that case were most likely based on: a. common law negligence. b. strict liability for a design defect. c. strict liability for a failure to warn. d. strict liability for ultrahazardous activity. e. a and d

Appropriation

In tort law, the use by one person of another person's lame, likeness, or other identifying characteristic, without permission and for the benefit of the user

Independent Administrative Agencies

Independent administrative agencies are created by Congress to apply the laws that Congress makes. The officials leading independent administrative agencies can only be removed from their positions for good reasons ("cause").

Ethics

Inquiry into the moral judgments people make in deciding what is right or wrong

Larceny

Intentional theft of the money or personal property of another

Arson

Intentional, illegal burning of a home, building or personal property

Wrongful Interference with a Contractual Relationship

Interference with a contract exists if the plaintiff can prove these elements: 1) There was a contract between the plaintiff and a third party and the defendant knew of the contract; 2) The defendant induced the third party to breach the contract or make performance impossible; and 3) There was injury to the plaintiff.

Wrongful Interference with Business Relationships

Interference with prospective business relationship exists: - When there is a relationship which gives the plaintiff a reasonable expectation of economic advantage, even though no contract exists - When the defendant maliciously interferes and prevents the relationship from developing - "predatory behavior."

Defend-Attack Cycle

It is not uncommon for the parties in a dispute to defend their position and to attack the other side's position. The defend-attack cycle frequently causes the parties to become more entrenched in their positions, causing them to stop listening to the other side, resulting in an impasse in their attempt to resolve the dispute.

A

It may be difficult for a business to use the "law" as a standard to determine "ethical conduct" because laws are frequently different from one state to the next and laws generally contain "gray areas" that make it difficult to predict how law may apply to a particular situation. a. True b. False

True

It may be difficult for a business to use the "law" as a standard to determine "ethical conduct" because laws are frequently different from one state to the next and laws generally contain "gray areas" that make it difficult to predict how law may apply to a particular situation. True or False?

B

Jason says to Roberta, "I will sell my house to you for $300,000 if you agree to marry my son. He is a real looker." Roberta replies, I will buy your house for $300,000." Under these facts: a. Roberta has a binding contract with Jason, but will have to put her agreement in writing in order for the contract with Jason to be legally enforceable under the Statute of Frauds. b. Jason can either accept or reject Roberta's offer to buy his house for $300,000. c. Jason must sell his house to Roberta for $300,000. d. Roberta's agreement to marry Jason's son is consideration for Jason's agreement to sell his house to Roberta for $300,000. e. a and d

E

Jay, a 16-year-old, enters into a written contract with Big Hog Motorcycles to buy an $8,000 motorcycle. Jay agrees in writing to pay monthly payments until the purchase price and interest charges for the motorcycle are paid in full. Under these facts, the contract is most likely: a. voidable by Jay. b. legally unenforceable. c. voidable by Big Hog Motorcycles. d. a valid contract. e. a and d

E

Jennifer was hired to be a Senior Account Executive at TruBlue CleanUp Company ("TruBlue"). TrueBlue has several contracts with the University of Iowa to clean up buildings contaminated by flood water. Jennifer's boss, Lon, casually told Jennifer the other day, "Make sure you charge the University more than our other customers, they can afford it. Remember that your commission depends on how much money we make on those contracts with the University." How might this conversation with Lon affect Jennifer? a. Jennifer may think that overcharging customers is acceptable behavior at TrueBlue. b. Jennifer may think that if she does not overcharge the University, Lon may give her a negative performance appraisal. c. Jennifer may think that unethical behavior is rewarded at TrueBlue. d. Jennifer will be more influenced by Lon's behavior, as her supervisor, than with any type of written company policy. e. All of the above

B

John DeLorean was charged with cocaine trafficking by the federal government. The federal government alleged in DeLorean's criminal trial that he tried to buy cocaine from an undercover FBI agent so that DeLorean could take the money made from selling the cocaine to help keep his struggling car company in business. As discussed in class, DeLorean's successful defense to these criminal charges was based on the legal claim of necessity. a. True b. False

C

John opened a new credit card account a year ago. Upon opening the account, John signed a contract agreeing to arbitrate any disputes he had with the credit card company. John's credit card company is now demanding that John pay for charges that he says are not his. John must do which of the following if he wants to settle this dispute with the credit card company? a. John must file a lawsuit against the credit card company in federal district court. b. John must file a lawsuit against the credit card company in state court. c. John must arbitrate the dispute with the credit card company. d. John may choose to either arbitrate the dispute with the credit card company or file a lawsuit against the credit card company in either federal district court or in state court. e. a or b

Case Law

Judges interpret statutory law, constitutional law and administrative law in lawsuits and in court trials. They use past decisions interpreting those same laws in making their decisions. Their decisions are called case law

Concurrent Jurisdiction

Jurisdiction that exists when two different courts have the power to hear a case

TRIAL

Jury Selection, Direct Examination, Cross Examination, Verdict/Judgement

F

Juvenile case records are open to public

D

Kanye West and 50 Cent are very successful recording artists. Over the past few years, the personal relationship between the two artists has been strained. West and 50 have criticized each other for their different political views and the style of rap music each favors. West even went so far as to schedule the release of his newest album - "Graduation" - on the same day (September 18, 2007) that 50 planned on releasing his new album - "Curtis." 50 Cent responded by threatening to retire from recording music if the sales of his "Curtis" album don't exceed sales of West's "Graduation." Assume that the managers for both Kanye West and 50 Cent want the two recording artists to "talk through" their differences and try to resolve - using the help of a neutral third-party - all of their disputes before they end up suing each other in court. This type of "alternative dispute resolution" ("ADR") is best described as: a. arbitration. b. mini-trial. c. summary jury trial. d. mediation. e. on-line arbitration.

C

Kara was angry with Lou, so she began to type a letter claiming (untruthfully) that Lou was stealing money from the University of Iowa. She sent the letter to the Professor Moeller, but the letter was returned to Kara because of insufficient postage. Frustrated, Kara sent the letter to Lou to scare him. After Lou read the letter, he decided to sue Kara for defamation. Who will win this suit? a. Lou, because Kara committed libel when she wrote the letter b. Lou, because Kara committed slander when she wrote the letter c. Kara, because the letter was not communicated to a third party d. Kara, because the letter was a privileged communication e. Kara, because Lou is a "public figure" and must prove that Kara acted with "malice" when she wrote the letter

False

Kara, a citizen of the State of Iowa, sues John, a citizen of the State of Nebraska for fraud under Iowa common law. Kara's civil lawsuit against John includes a claim for damages in the amount of $50,000. Based on these facts, an Iowa state court and a federal district court in Iowa would both have subject matter jurisdiction over Kara's lawsuit against John. True or False?

E

Ken Lay was the chairman and chief executive officer of the Enron Corporation. Andrew Fastow was the chief financial officer for Enron and reported to Mr. Lay. Mr. Fastow transferred much of Enron's debt to a series of "made up" subsidiary companies. The result of Mr. Fastow's actions caused Enron's financial statements to show that the company was making boatloads of money. Investors, relying on the fraud, invested millions of dollars in Enron. Of course, when the truth came out, and Enron declared bankruptcy, Enron's investors and shareholders lost millions of dollars. The federal government filed criminal fraud and conspiracy charges against Mr. Lay. For his defense, Mr. Lay claimed that he was unaware of Mr. Fastow's criminal activities and, for that reason, should not be held criminally liable for fraud and conspiracy. Assuming that Mr. Lay really did not know about Mr. Fastow's activities: a. Mr. Lay would not be criminally liable for fraud or conspiracy because of the legal defense of "mistake of fact." b. Mr. Lay would not be criminally liable for fraud or conspiracy because only Mr. Fastow would have the necessary mens rea to be guilty of a crime. c. Mr. Lay would not be criminally liable for fraud or conspiracy because of the legal defense of entrapment. d. Mr. Lay would not be criminally liable for fraud or conspiracy because only the corporation (the Enron Corporation) could be found criminally liable for fraud or conspiracy. e. Mr. Lay would be criminally liable for fraud or conspiracy under the "responsible corporate officer" legal doctrine.

Positive Law

Law created by legislatures and courts which establish and limit individual rights

Civil Law

Law dealing with the relationships between individuals

Dram Shop Act

Law imposing liability on bars and taverns selling alcoholic beverages to intoxicated persons

Legal Positivism

Law is exactly as it is expressed in a given jurisdiction. Human rights only exist insofar their reflected by existing laws. Laws should be obeyed; much change them through legitimate process if you don't agree.

Criminal Law

Law that defines and governs actions that constitute crimes

Substantive Law

Law that defines, describes, regulates, and creates legal rights and obligations

Procedural Law

Law that establishes the methods of enforcing the rights established by substantive law; it is the process by which law is enforced and establishes penalties or remedies

Tort Law

Law that governs actions between individuals involving personal injuries

Contract Law

Law that governs disputes over the formation, enforcement and violation of contracts

D

Lawrence Kohlberg identified different stages of moral development and concluded that most people reach the "law and order" stage, meaning in the workplace that employees will look to company policy to help them decide what is "right" and "wrong." As discussed in class, which of the following companies tries to give its employees "bright line" policies or checklists that they can use when faced with ethical questions? a. WorldCom Corporation b. Dana Corporation c. Procter and Gamble d. b and c e. a, b and c

Acts

Laws passed by Congress

Statutes

Laws passed by legislative bodies rather than by the courts

Ordinances

Laws passed by local governments such as cities, towns, and villages

Direct Examination

Lawyer gets the focus, lawyer tells the story- witness confirms.

E

Lawyers for actress Jennifer Aniston have threatened to file a lawsuit against several tabloid publications if they print topless pictures of Ms. Aniston. The basis for this lawsuit, according to Ms. Aniston's lawyers, is a California statutory claim of invasion of privacy - the photographer who took the pictures allegedly used a "powerful telephoto lens" to take pictures of Ms. Aniston sunbathing in the privacy of her back yard. If Ms. Aniston does ultimately sue these tabloid publications, her lawsuit will be best described as a __________ case based on __________ law. a. civil, public b. criminal, procedural c. civil, private d. civil, substantive e. c and d

Peremptory Challenges

Lawyers for both the plaintiff are each given a set number of challenges to prospective jury members that can be used to reject potential jury members from serving on the jury. Challenges for which the lawyer does not have to explain his or her reasoning for rejecting a person from serving on the jury are called peremptory challenges

Retainer

Lawyers may require that a client pay a monetary retainer of several thousand dollars to cover the costs associated with the filing or defending of a lawsuit. The retainer is money the client pays prior to the filing of a lawsuit and it may be a condition for the lawyer's representation of the client.

Proximate Clause

Legal cause, which exists when the connection between an act and an injury is strong enough to justify imposing liability

Legislative/Substantive Administrative Rule

Legislative (or Substantive) administrative rules are administrative rules made by federal administrative agencies under the formal rule-making requirements of the Administrative Procedures Act. Legislative/substantive rules have the same force and effect as statutes made by Congress.

Legislative/substantive administrative rule

Legislative (or substantive) administrative rules are administrative rules made by federal administrative agencies under the formal rule-making requirements of the administrative procedures act. Legislative/substantive rules have the same force and effect as statutes made by congress

Separation of Powers

Legislature makes the laws (representative government) Executive Branch carries out the law Judicial system interprets the law Checks and Balances: Allows one branch to limit the actions of others. Prevents one branch from exercising too much power. Ex: Congress can pass law, President can veto.

Misdemeanor

Less serious crime punishable by a jail sentence of less than one year

Bilateral

Linda agreed to create a webpage for Sarah's new businesses - "Hot Purses for Sale." Linda promised to create Sarah's webpage and Sarah agreed to pay Linda $5,000 for her work when the webpage was "up and running." Linda finished Sarah's webpage yesterday. Sarah plans on paying Linda for the webpage work tomorrow. Under these facts, and at this period of time, the contract between Sarah and Linda can be described as a/an _________________ contract.

A

Lou, while teaching class, announced that Ben has leprosy, a loathsome, infectious disease. In fact, as Lou well knows, Ben is completely healthy. If Ben decided to file a lawsuit against Lou for defamation, his lawsuit would most likely include the claim of: a. slander. b. libel.

Forgery

Making a false written instrument or the material alteration of an existing written instrument with the intent to deceive

E

Many companies are implementing employee codes of conduct, instead of just telling their employees to "follow the law," because: a. ethical dilemmas frequently involve situations that are ambiguous and codes of conduct give guidance to employees about what is "right" and "wrong." b. the law does not cover every possible situation that can arise in the workplace. c. many employees look to company policy, reflecting Kohlberg's "conventional stage" of moral development, to understand the company's expectations as to what is "right action." d. the law often times varies from one state to another and does not, as a result, establish a clear ethical standard for employees to follow. e. All of the above

Punitive

Mary Ann attacks Thurston Howell III and cuts him with a knife. Thurston incurs $100,000 in medical bills and misses a considerable amount of work time (an estimated $65,000 in lost salary) as a result of Mary Ann's knife attack. Thurston sues Mary Ann. The jury awards Thurston $165,000 in damages and adds $35,000 in damages to punish Mary Ann for the viciousness of her unprovoked attack on Thurston. Under these facts, the $35,000 awarded to Thurston is best described as ________________ damages.

T

Material facts are important facts that influence that parties' decisions about a contract

Strict Liability

May be imposed if: - The defective condition is unreasonably dangerous to the user; - Seller is in business to sell this product; and - The product reaches the user without substantial change.

Per Diem Rates

Mediators and arbitrators frequently bill for their time based on a per diem rate. Per diem rates are based on an eight hour day

Per Diem Rates

Mediators and arbitrators frequently bill for their time based on a per diem rate. Per diem rates are based on an eight hour day.

T

Minor individual suits would not be heard if not for small claim courts

Answer

Mirrors complaint- For each part state:admit, deny, lack info. No answer filed- default judgement.

Punitive Damages

Monetary damages awarded by a judge or jury in a civil lawsuit to the winning party to punish the losing party for engaging in reckless behavior are called punitive damages. This type of damages are not intended to compensate the winning party for his or her actual losses.

Compensatory Damages

Monetary damages that a judge or jury awards the winning party in a lawsuit which are intended to pay the winning party for his or her actual (and proven) losses are called compensatory damages.

Punitive Damages

Monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future

Punitive Damages

Monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future; intended to punish the "wrongdoer"

Legal Remedies

Money damages intended to compensate a party for a violation of legal rights

Bail

Money or property given to a court to obtain the release of a person from jail

Damages

Money sought as a remedy for a breach of contract or a tortious action

Ethics

Moral principles and values applied to social behavior; the study of what is "right and wrong"

Property Crimes

Most common type of criminal activity: - Burglary - Larceny (stealing or theft) - Obtaining goods by false pretenses - Receiving stolen goods - Arson - Forgery

Vedict

Must be unanimous in federal cases, not always in state civil cases. If unable to get verdict MAY get mistrial (hung-jury) If party doesn't like the verdict they can ask court for judgement notwithstanding the verdict.

Martin Luther King's "Letter from Birmingham Jail"

Natural Law Put in jail for violating court order of peaceful marches in Alabama Alabama Clergy "When rights constantly denied, cause should be pressed in courts and negotiations." Just v. Unjust Laws- Just law- Man made law that squares with moral law or law of God. Moral responsibility to disobey unjust laws.

Equity

Nonmonetary relief granted by courts when money damages are inadequate

White Collar Crimes

Nonviolent crime committed by individuals or corporations to obtain a personal or business advantage

White-Collar Crime

Nonviolent crime committed by individuals or corporations to obtain a personal or business advantage

Informal Rulemaking Process

Notice-and-comment; most common form of rulemaking: 1) Notice (Federal Register) 2) Comment period 3) Publish final rule

A

On December 13, 2005, Mustafa Abuelhija sued comedian Dave Chappelle for breach of contract. Mr. Abuelhija claimed that he worked as Mr. Chappelle's personal business manager and that Mr. Chappelle owes him $864,500. If Mr. Chappelle fails to respond to Mr. Abuelhija's lawsuit - Mr. Chappelle has in the past been known to take unannounced leaves of absence - Mr. Abuelhija will win the lawsuit by: a. default judgment. b. summary judgment. c. directed verdict. d. judgment notwithstanding the verdict ("j.n.o.v."). e. None of the above

E

On February 17, 2004, a federal district court jury in Alabama awarded $1.28 billion in damages to a group of cattlemen against Tyson Foods, Inc. After the jury awarded its verdict, Tyson lawyers asked the judge to "reverse" the jury's verdict. On April 23, 2004, the federal district court judge did just that - throwing out the jury's verdict and ruling that the plaintiffs had failed to produce evidence at the trial to support the verdict "with respect to both liability and damages." Under these facts, the jury's verdict was reversed as a result of a: a. summary judgment. b. directed verdict. c. verdict on the pleadings. d. default judgment. e. None of the above (JNOV)

F

One act can be either a tort or a crime, but not both

B

One of John Edward's campaign staffers was driving across the State of Missouri on his way to New Hampshire for a campaign event. The staffer was extremely sleepy from a long day of work. Resting his eyes for barely a second, the staffer suddenly woke up to find a professor from Arizona State University yelling at him. It seems the campaign staffer fell asleep at the wheel of his car, ran a red stop light and hit the professor's car. The accident occurred in St. Louis, Missouri. The Edwards campaign staffer is a resident of North Carolina. The professor is a resident of Arizona - he was visiting friends in St. Louis at the time of the accident. If the professor decides to file a lawsuit against the Edwards campaign staffer, to recover the cost of repairing her car damaged in the accident (about $25,000), which courts would have both personal and subject matter jurisdiction over the lawsuit? Note: Assume that the professor would file her lawsuit under common law and that the States of Missouri, North Carolina and Arizona all have "long-arm statutes." a. Federal district court in Missouri b. Missouri state court c. Federal district court in North Carolina d. Federal District court in Arizona e. a, c and d

A

One of the important functions of law in any society is to provide stability, predictability and continuity so that people know how to properly order their affairs. a. True b. False

True

One of the important functions of law in any society is to provide stability, predictability and continuity so that people know how to properly order their affairs. True or False?

Which of the following were material facts in this case?

Only 2% (3,000) of Dot Com's 140,000 total paying customers lived in Pennsylvania. **Dot Com had contracts with seven Pennsylvania Internet service providers.** **Dot Com advertised paid news services subscriptions on its website.**

Courts Jurisdiction

PJ (Personal Jurisdiction) In Rem (subject) Jurisdiction

B

Paris Hilton has filed a civil lawsuit against Hallmark Cards, claiming that Hallmark used her likeness on Hallmark greeting cards without Ms. Hilton's permission. Ms. Hilton's lawsuit involves California common law and was filed in federal district court in California. Hallmark Cards is a Missouri corporation with a home office in Kansas City, Missouri. Ms. Hilton is a resident of Los Angeles, California. She is asking for damages "in excess of $100,000" in her lawsuit. As discussed in class, Ms. Hilton's civil lawsuit was filed in federal district court because the court had ____________________ subject matter jurisdiction over the case. a. federal question b. diversity of citizenship

Tenth Amendment

Part of the bill of rights. Gives powers to the different state governments that are not given to the federal government in the US constitution

Negotiation

Parties make settlement offers and counter-offers. They may be face to face or through lawyers. More inclined to be reasonable.

C

Patrick Hamman of Des Moines was arrested and charged in September 2007 with domestic assault (a crime under Iowa statutory law) after throwing a bag of Cheetos at his father during an argument (I am not making this up). The bag of Cheetos apparently hit Mr. Hamman's father in the face, breaking his glasses and causing a cut to the bridge of his nose. Patrick Hamman admitted to police that he was on methamphetamine at the time of the argument with his father. Based on the these facts, the classification(s) of law involved in this case include: a. civil law. b. common law. c. public law. d. b and c e. None of the above

T

Paying an athlete to lose a game intentionally is an example of bribery

Duty-Based

Personal morals (internal sense of right v. wrong) Often revealed through religious truths. Categorical imperative (Immanuel Kant)- What would you do if you knew everyone else would act the same way? Principle of Rights- How are rights affected? People have certain fundamental rights.

Political Speech

Political or "non-commercial" speech is a type of speech that reflects the speaker's views about government, a politician, or other political issues.

Receiving Stolen Property

Possession of property acquired as the result of some wrongful or dishonest act of taking

General Jurisdiction

Power of a court to hear almost any case brought before it

Police Powers

Powers possessed by the states as part of their inherent sovereignty. These powers may be exercised to protect or promote the public order, health, safety, morals, and general welfare

Stare Decisis

Practice by which judges follow precedents in previously decided cases

Functions Law Serves

Predictability and uniformity (Law id's rights and creates legal duties/responsibilities) Fairness-Law reflects our collective sense of justice/fairness. Law in society-> Influence behavior (rewards/consequences): Resolve disputes Maintain important social values Provide method for social change Promote efficiency

F

Preliminary negotiations are considered offers

Executive Orders

President/Governor

B

Professional football player Michael Vick formally accepted a plea agreement from the federal government in the United States District Court for the Eastern District of Virginia. Mr. Vick pled guilty to a felony charge stemming from an illegal dog fighting ring run from property he owned. This area of law involved in Mr. Vick's case is best classified as: a. civil law. b. criminal law. c. private law. d. a and c e. a, b and c

Profit Maximization vs. Stakeholder Capitalism

Profit Maximization, Stakeholder capitalism, Corporate Social Responsibility

The Arbitrator will most likely decide that the:

Prohibition against the Employee soliciting "any customers of the Employer" lacks a reasonable time limit, which makes the Restrictive Covenant unenforceable.

If the IRS filed criminal charges against Couch, its burden of proof in the criminal trial would be based on the standard of:

Proof beyond a reasonable doubt

Quid Pro Quo Sexual Harassment

Quid pro quo means "this for that." It is a type of sexual harassment where a supervisor expects an employee to trade sexual favors for tangible job benefits -a pay increase, promotion, etc. Quid pro quo sexual harassment violates state and federal employment law

Insider Trading

Receiving and profiting from advance inside information about the stock of a publicly held corporation

a, Annually >B. Clearly c. Vaguely d. With specific examples

Regarding possible conflicts of interest, how are the rules written?

Subject Matter Jurisdiction

Relates to subject or topic of parties dispute. Parties legal theories dictate whether court has subject matter jurisdiction. "Does case involve statute, if so does the statute address jurisdiction?" "Does case arise under common law theory like negligence or breach of contract?"

a. Enabling Act b. APA c.. Enforced Statuatory Law >D. Make International Treaties e. Judicial Branch

Requires advice and consent by the Senate

Sarbanes-Oxley Act of 2002

Requires companies to set up confidential systems so that employees and others can "raise red flags" about suspected illegal or unethical auditing and accounting practices

Procedural Due Process

Requires that any government decision to take life, liberty or property must be made equitably - the requirement of "fair procedures" and a chance to "be heard"

U.S Supreme Court

Review cases from: U.S. District Courts U.S. Court of Appeals Highest Courts of the State Not all cases end up i nthe Supreme Court -> limited jurisdiction (only involving federal laws, federal jurisdiction [all appeals]) Review is through Writ of Certiorari: If not granted-> lower court decision final.

F

Rhode Island was the first of the 13 states to ratify the Constitution

B

Ricky and Cal were playing catch with a baseball in Cal's backyard. Cal asked Ricky to "give me the heater," at which point Ricky fired a fastball well over Cal's head. The ball broke through the kitchen window of Cal's house, bounced off the refrigerator and hit Cal's dog as she was resting in the kitchen. Upon being hit with the baseball, Cal's dog jumped up and knocked a knife off the kitchen counter, where it fell towards the floor, severing the toe of Cal's sister (Suzanne) who was standing near the kitchen counter. If Suzanne were to sue Ricky for negligence, based on these facts, there will most likely be a question of whether: a. Suzanne was injured. b. Suzanne's injury was reasonably foreseeable. c. Suzanne assumed the risk by standing in the kitchen. d. Suzanne owed Ricky a legal duty of care. e. Ricky is responsible for Suzanne's injuries under the common law rule of strict liability.

E

Ron is arrested for violating Section 123.46 of the Iowa Code for public intoxication. If Ron is convicted of public intoxication, he may have to pay a fine or spend 30 days in jail. This statute (Section 123.46 of the Iowa Code) would be characterized as an example of _________________ law. a. criminal b. civil c. public d. private e. a and c

False

Scott is from a small town in northeast Iowa. He is called in for jury duty. The case is a sexual harassment lawsuit involving a female boss allegedly harassing her male administrative assistant. During voir dire, the plaintiff's lawyer (who represents the male administrative assistant) asks Scott what he thinks about "women in the workplace." Scott answers, "Women don't belong in the workplace, they belong at home cooking and caring for babies." Based on these facts, Scott may only be released from his jury responsibilities through the use of a peremptory challenge. True or False?

Felony

Serious crime punishable by death or imprisonment for more than one year

Pretrial confrences

Simplifies issues and plans coarse of the trial Usually attorneys and judge attend, Judge encourages settlement. Either party may request summary judgement (Claim from one party to another saying not enough factual evidence is apparent, and that it should be solved with out a trial)

D

Smith and Jones, Inc. is a highway construction company located in Boulder, Colorado. The company is building a road through the Rocky Mountains. At one spot, the company is forced to blast a hole through some rocks. Heather is hiking along the side of the road when the explosion occurs. She is thrown by the explosion and breaks her leg. If Heather sues Smith and Jones, Inc., she will most likely: a. lose based on the legal doctrine of consent. b. lose based on the legal doctrine of "coming to the nuisance." c. lose based on the legal doctrine of assumption of risk. d. win based on the common law doctrine of strict liability for ultrahazardous activities. e. win based on the legal doctrine of "last clear chance."

Strict Liability

Some activities are so dangerous that the law imposes a high burden on them; defendants are virtually always held liable for harm; plaintiff does not have to prove breach of duty or foreseeable harm

Concurrent Jurisdiction

Some cases can be decided by either state courts or federal courts. These cases, such as a lawsuit involving citizens of different states where the amount of damages claimed by the plaintiff exceeds $75,000, can thus be filed in either state or federal court. State and federal courts in these cases are said to have concurrent jurisdiction over the case

D

Sonny was injured when he fell in a hole while walking across the local Hy-Vee grocery store's parking lot. Sonny's lawyer hopes to settle the lawsuit against Hy-Vee. Which of the following statements about legal settlements is correct? a. Sonny's legal claim can be settled provided his lawyer has not yet filed a lawsuit against Hy-Vee. b. A lawsuit cannot be settled once the trial in the case has started. c. A lawsuit can be settled provided the jury in the case has not yet heard any testimony G d. A lawsuit can be settled at any time. e. A case can be settled after a lawsuit has been filed, provided discovery has not yet started in the case.

Statutes of Limitations

State and federal procedural laws identify the time period within which legal claims must be filed with a court. These procedural laws are called statute of limitations. A lawsuit that is filed after the time period is considered untimely and will be dismissed by the court

Police Powers

State governments are generally considered to have the authority to pass laws that protect the "health, safety and welfare" of their citizens. The basis for a state government's authority to make such laws, the government's "police powers," is found in the state constitution and reflects the federalist form of government created by the US constitution

Long Arm Statutes

State law allowing a state court to reach beyond state boundaries to obtain personal jurisdiction over an out-of-state defendant. Minimum Contact required: If you do business in the state. If you "commit a wrong" in the state. If you own real estate in the state. If you breach contract formed in the state.

Appellate Courts

State/federal courts can affirm, modify, reverse or reverse and remand the decision of the lower court; these look for legal errors made by the judge in the lower court case; they base their decision on the "paper record" created by the lower court and the arguments of the parties - their written briefs and sometimes oral arguments

D

Statutory law comes from: a. the United States Congress. b. State legislatures. c. executive orders issued by a governor or by the President. d. a and b e. a, b and c

C

Stella is a limited partner in a florist shop - "Flowers-4-U." Last week, a customer entered the Flowers-4-U shop, slipped on a puddle of water on the floor - caused by a hole in the shop's roof - and suffered serious injuries. The customer filed a lawsuit against Flowers-4-U claiming that the shop's employees had been negligent in not mopping up the water on the floor or fixing the hole in the roof. Which of the following statements best describes Stella's potential legal liability for the customer's injuries? a. Stella has no potential legal liability for the customer's injuries. b. As a limited partner, Stella can be held personally liable for the customer's injuries if Flowers-4-U does not have enough money or assets to cover the cost of the customer's injuries/damages. c. As a limited partner, Stella can only be liable for the cost of the customer's injuries/damages up to the amount of money that she invested in Flowers-4-U. d. Stella will be held personally liable for the customer's injuries/damages; however, the customer must first try to collect money from the general partner in Flowers-4-U before trying to collect money from Stella. e. None of the above

B

Substantive rules issued by federal administrative agencies are: a. statements that provide the agency staff and the public with guidance regarding what the agency believes a certain statute or regulation means. b. administrative rules with the same force and effect of law as statutes passed by the United States Congress. c. rules that describe an agency's organization, method of operation and internal practices. d. a and b e. a, b and c

B

SuperCheap Products Inc. puts a written disclaimer on hundreds of the products it manufactures saying, "SuperCheap is not responsible for any injury resulting from use of its products." This disclaimer will eliminate any strict liability or negligence actions consumers may bring against SuperCheap. a. True b. False

Hostile Environment Sexual Harassment

Supervisors, co-workers, customers and other people can make a person's work environment "hostile" by commenting on the person's clothing or appearance, making sexual jokes, posting sexually-suggestive pictures in the workplace, touching or physically assaulting the person. This type of hostile workplace behavior interferes with the person's ability to perform his or her job and violates both state and federal employment law

Depositions

Testimony of a party to a lawsuit or a witness taken under oath before trial.

T

The 14th amendment forbids states to deprive anyone of life, liberty, or property without due process of the law

True

The ABC Company sued DEF, Inc. for breach of contract. After a three-day trial, the jury decides in favor of ABC and orders DEF to pay ABC $75,000 in damages. DEF, however, decides to appeal the jury's decision. Under these facts, DEF will be called the appellant in the appeal case and ABC will be called the appellee. True or False?

False

The ABC Company sued DEF, Inc. for breaking a contract. After a three-day trial, the jury decides in favor of ABC and orders DEF to pay ABC $300,000 in damages. DEF, however, decides to appeal the jury's decision. Under these facts, DEF will be called the appellee in the appeal case. True or False?

D

The American legal system is generally patterned after the _____________ legal system. a. French b. Dutch c. Italian d. English e. Chinese

False

The Bad Frog Brewery asked the New York State Liquor Authority to approve the label for its Bad Frog Beer, which includes a picture of a rather naughty frog "flipping the bird" to customers. The New York State Liquor Authority refused to allow Bad Frog from selling beer in New York with its "naughty frog" label. Bad Frog sued the New York State Liquor Authority claiming that its "free speech" rights had been violated. The Second Circuit Court of Appeals, as discussed in class, ruled that the New York State Liquor Authority could prohibit Bad Frog from selling its beer in New York because the "naughty frog" label was a form of "obscene" speech that is not protected by the First Amendment to the United States Constitution. True or False?

C

The Blackstone Company is incorporated in the State of Delaware and has its principle place of business located in Blue Earth, Minnesota. Based on these facts, the Blackstone Company is a "citizen" of which state(s) for diversity of citizenship purposes? a. Delaware only b. Minnesota only c. Delaware and Minnesota

True

The City Council for the City of Iowa City has just passed an ordinance that prohibits smoking in certain places in the downtown Pedestrian Mall. This ordinance is an example of statutory law. True or False?

E

The City Council for the City of New York passed a law that made it illegal for high school baseball teams playing in New York City to use metal baseball bats. As discussed in class, this law is an example of: a. state common law. b. federal common law. c. case precedent. d. administrative law. e. statutory law.

B

The City of Coralville passed a city ordinance that requires all retail stores that are open past 8:00 p.m. to have "well lit parking lots." Any violation of this ordinance results in a $100 fine. After Bob was shopping at Craig's Hardware Store in Coralville one night at 8:30 p.m., he got into his car to return home. The parking lot for Craig's Hardware Store did not have any lights. As Bob backed out of the parking lot, he did not see the propane tank behind him. Bob's car hit the propane tank, causing significant damage to his car. What legal doctrine will be most helpful to Bob if he brings a legal claim against Craig's Hardware Store for negligence? a. Res ipsa loquitur b. Negligence per se c. Assumption of risk d. Superseding cause e. "Danger invites rescue"

C

The City of River Falls, Iowa passed a law that prohibited the operation of any "truck or vehicle selling ice cream and ice cream-based products" on the streets of River Falls. There are, however, several stores and shops in River Falls that sell ice cream. You would like to operate an ice cream truck, driving the truck up and down the streets of River Falls and selling ice cream to River Falls residents. If you decide to challenge the constitutionality of the River Falls law under the Equal Protection Clause, the court will most likely use a/an ____________________ standard in making its decision. a. strict scrutiny b. intermediate scrutiny c. minimum rationality/rational basis d. substantial evidence e. compelling needs

E

The City of Santa Monica, California passed an ordinance that prohibited any bank operating in Santa Monica from charging fees for customers using their automated teller machines ("ATMs"). Congress has not passed any laws that prohibit banks from charging ATM user fees. A federal district court decided that the Santa Monica ordinance was unconstitutional. Based on these facts, the federal district court most likely relied on the _______________________ in making the decision that the City's ordinance was unconstitutional. a. Full Faith and Credit Clause b. Privileges and Immunities Clause c. Takings Clause d. Necessary and Proper Clause e. Commerce Clause

E

The Constitutional "right to privacy" is specifically found in the _______________ of the United States Constitution. a. First Amendment b. Tenth Amendment c. Fifth Amendment d. Takings Clause e. None of the above

E

The FBI recently determined that a Norman Rockwell painting - "Russian Schoolroom" - found in the art collection owned by Oscar-winning filmmaker Stephen Spielberg was actually stolen from a St. Louis-area art gallery some 30 years ago. If there is evidence to suggest that Mr. Spielberg knew that the "Russian Schoolroom" painting was probably stolen when he bought it, what crime most likely could Mr. Spielberg be charged with? a. Embezzlement b. Larceny c. Robbery d. Obtaining goods by false pretenses e. None of the above

C

The Fernandez & Goodman Law Firm filed a civil lawsuit against the Hennessy Company for failing to pay its legal bills. In this civil lawsuit, the Fernandez & Goodman Law Firm is best described as the ______________ and the Hennessy Company the _______________. a. plaintiff, appellant b. appellant, appellee c. plaintiff, defendant d. appellant, defendant e. None of the above

Guidelines to Making Ethical Buisness Decisions

The Law, Rules and procedures, values, conscience, promises, and heroes.

C

The Miranda warning, your legal right to "remain silent" during a criminal investigation is based on the protections of the ___ Amendment to the United States Constitution. a. 1st b. 4th c. 5th d. 6th e. 8th

True

The President has the Constitutional authority under Article II of the United States Constitution to veto enabling legislation passed by Congress. True or False?

B

The State of Florida passed a law that allows the Florida Department of Business and Professional Regulations to revoke the liquor license or fine a bar that allows "dwarf tossing." Dave Flood, a three foot, two-inch tall radio personality from Tampa, Florida, a/k/a "Dave the Dwarf," filed a lawsuit challenging the constitutionality of this law. Mr. Flood wanted to wear a harness with handles so that bar patrons can pick him up and toss him on to an air mattress. Mr. Flood alleged in his lawsuit that the State of Florida had violated the Equal Protection Clause of the 14th Amendment by passing this law. In determining whether the Florida law violates the Equal Protection Clause, based on these facts, the court will most likely use the legal standard of "strict scrutiny." a. True b. False

T

The Supreme Court of the U.S. is the final interpreter of the federal Constitution

F

The U.S. Supreme Court has original jurisdiction over all cases in the U.S.

Due process clause

The US constitution (5th and 14th amendments) guarantees that American citizens are not to be denied their life, liberty or property without "due process of law." due process means that certain fair procedures must be followed before a person is convicted of a crime, or loses his or her property, including the right to have the decision in such cases made by an impartial judge or jury

Due Process

The US constitution (under 5th and 14th amendments) guarantees that American citizens are not to be denied their life, liberty of property without "due process of the law." Certain fair procedures must be followed before a person is convicted of a crime or loses his or her property, including the right to have the decision in such cases made by an impartial judge or jury

Delegation Doctrine

The US constitution and state constitutions create the different branches of the government and identify the different and separate powers of these three branches of government. Under the delegation doctrine, Congress has the authority to delegate its legislative authority to administrative agencies it creates to enforce statutes that Congress creates

Eminent Domain

The US constitution gives the federal government (via the 5th amendment) to require to acquire private property for public purposes so long as the owner of the property is given just compensation. This power, called the power of eminent domain, has been interpreted by the courts as also being available to state governments under the 14th amendment

US Constitution

The US constitution, which went into effect in 1789, provides the legal bases for the federal government, its three branches of government (legislative, executive and judicial) and for the separation of powers between the federal government and the governments in each of the fifty states

Writ of certiorari

The US supreme court has the authority to decide which appellate cases it will review on appeal Parties asking the supreme court to review their appeals file a petition for Writ of Certiorari with the supreme court. If four of the nine supreme court justices agree to hear the appeal, the petition for Writ of Certiorari is granted and the appeal is considered by the full supreme court

Due Process Clause

The United States Constitution (found in the 5th and 14th Amendments) guarantees that American citizens are not to be denied their life, liberty of property without "due process of law."

A

The United States Constitution created a "federal form of government" in which the federal government and the fifty different state governments share power to make different kinds of laws. a. True b. False

Federalist Form of Government

The United States Constitution creates a this form of government by giving certain powers to the federal government and then, through the 10th Amendment, giving all other powers to the different state governments.

Separation of Powers

The United States Constitution creates the three branches of government (executive, legislative, and judicial) and gives specific and separate powers to those three branches of government. As a general rule, the legislative branch makes laws, the executive branch implements and enforces the laws and the judicial branch interprets what the laws mean.

Eminent Domain

The United States Constitution gives the federal government (via the 5th Amendment) the right to acquire private property for public purposes so long as the owner of the property is given just compensation. This power, called the power of eminent domain, has been interpreted by the courts as also being available to state governments under the 14th Amendment.

A

The United States Supreme Court has held that Congress can delegate its legislative authority to federal administrative agencies under the Delegation Doctrine. a. True b. False

Writ of Certiorari

The United States Supreme Court has the authority to decide which appellate cases it will review on appeal. Parties asking the Supreme Court to review their appeals file a petition called this with the Supreme Court. If four of the nine Supreme Court justices agree to hear the appeal, the petition for this is granted and the appeal is considered by the full Supreme Court.

D

The United States Supreme Court will grant a writ of certiorari and review a case on appeal if ____ Supreme Court justices vote to approve issuing the writ of certiorari. a. nine b. eight c. six d. four e. two

E

The Wage and Hour Division of the Federal Department of Labor is a federal administrative agency that was created to enforce and interpret the Fair Labor Standards Act, a federal law passed by the United States Congress which requires covered employers pay a minimum wage (currently $6.55 per hour) and overtime to eligible employees. This federal administrative agency has also implemented administrative regulations that define which types of employees are entitled to receive overtime and which type of employees are "exempt" (i.e., "not covered") by the law. Assume that you operate a travel agency and have received a complaint from the Wage and Hour Division claiming that the travel agency violated the Fair Labor Standards Act because you are not paying overtime to the employees working in your business. You believe that your employees, using the Wage and Hour Division's administrative regulations and based on your reading of the Fair Labor Standards Act, are not eligible for overtime pay. In your case with the Wage and Hour Division of the Federal Department of Labor, based on these facts, the source(s) of law will include: a. common law. b. constitutional law. c. administrative law. d. statutory law. e. c and d

Sole Proprietorship

The ____________________ is generally considered to be the most common form of business organization in the United States.

JNOV

The abbreviation for Judgment Not Withstanding the Verdict.

T

The absence of genuine agreement will make contract papers voidable

Jurisdiction

The authority of a court to hear and decide a specific case

In Personam Personal Jurisdiction

The authority of a court to require a defendant to respond to a lawsuit and to offer a defense to the legal claims in the lawsuit requires that the court have personal jurisdiction over the defendant. Personal jurisdiction can be established by way of a person's citizenship or domicile - the state in which the defendant, for example, lives - or the fact that the defendant has specific connections with the state in which the court is located. These connections can be based on the fact that the defendant (if a business) has an office in the state , the defendant conducts business in the state, the defendant has breached a contract with a resident of the state or committed a tort in the state.

In personam Personal Jurisdiction

The authority of a court to require a defendant to respond to a lawsuit and to offer a defense to the legal claims in the lawsuit requires that the court have personal jurisdiction over the defendant. Personal jurisdiction can be established by way of a person's citizenship or domicile. These connections can be based on the fact that the defendant (if a business) has an office in the state, the defendant conducts business in the state, the defendant has breached contract with a resident of the state or committed a tort in the state

Natural Law

The belief that government and the legal system should reflect universal moral and ethical principles that are inherent in human nature

Administrative Law

The body of law created by administrative agencies in order to carry out their duties and responsibilities; administrative agencies combine functions normally divided among the three branches of government into a single governmental entity.

Constitutional Law

The body of law derived from the U.S. Constitution and the constitutions of the various states; both Federal and State constitutions; generally "supreme sources of law"; establish branches of government

Common Law

The body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature; "judge-made law" - is based on rules made by state court judges in civil cases

Statutory Law

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

Civil Law

The branch of law dealing with the definition and enforcement of all private and public rights, as opposed to criminal matters

B

The burden of proof in civil and criminal cases is essentially the same. a. True b. False

B

The business judgment rule: a. is applied by the courts when the directors of a corporation have acted with "legal malice." b. protects corporate directors and managers who have made honest mistakes in judgment when running the business. c. is used by the courts to impose strict liability on corporate directors and managers. d. b and c e. None of the above

B

The citizens of Iowa City will vote on November 6, 2007 on a proposed ordinance that would prohibit any person younger than 21 years of age from entering any bar located in Iowa City. If this law is passed, and Iowa City bar owners raise a Constitutional challenge against the "21 ordinance," their best legal argument (as discussed in class) would be based on the _______________ Clause of the United States Constitution. a. Full Faith and Credit b. Equal Protection c. Commerce d. Necessary and Proper e. Takings

C

The civil side of crimes related to theft is called: a. disparagement of property. b. trespass to land. c. conversion. d. negligence. e. appropriation.

Negligence

The common law requires that people exercise a duty of reasonable care as to other people. When someone is injured because another person is careless, or negligent, behavior that is not the product of exercising this duty of reasonable care, that person can file a lawsuit against the other person for his or her injuries

Summary Judgement

The court will grant a motion for summary judgement filed by either the plaintiff or defendant in a civil lawsuit when there is no genuine dispute about the facts in the case and the court decides that the plaintiff's claims must either be granted or dismissed based on the appropriate law in the case. Summary judgement motions are used to eliminate unnecessary or merit-less legal claims from going to a court trial

Summary Judgment

The court will grant a motion for summary judgment filed by either the plaintiff or defendant in a civil lawsuit when there is no genuine dispute about the facts in the case and the court decides that the plaintiff's claims must either be granted or dismissed based on the appropriate law in the case. Summary judgment motions are used to eliminate unnecessary or meritless legal claims from going to a court trial.

Judgment

The decision of the judge or jury in a civil or criminal case is called a judgment. The judgment reflects the obligations of both parties after the case. For example, the judgment may be that the plaintiff's lawsuit is dismissed and, in some cases, the plaintiff must pay the defendant's attorneys' fees, or the judgment may be that the defendant lost the lawsuit and is required to pay the plaintiff certain money damages plus his or her attorneys' fees.

A

The entire burden of proof in a criminal case is on the prosecution bringing the criminal charges against the defendant. a. True b. False

Trespass to Land

The entry onto, above, or below the surface of land owned by another without the owner's permission or legal authorization

A

The federal Administrative Procedures Act: a. establishes informal and formal rulemaking procedures for federal administrative agencies. b. created the first federal administrative agency - the National Labor Relations Board. c. regulates the operations of private companies that are not otherwise regulated by federal administrative agencies. d. a and b e. a, b and c

False

The federal Sarbanes-Oxley Act of 2002 prohibits U.S. companies doing business in other countries from paying bribes to foreign government officials if the purpose of the payment is to "get the official to act in his or her official capacity to provide business opportunities." True or False?

Takings Clause

The federal government has the power of eminent domain to take private property for public purposes so long as the property owner receives just compensation. The federal government has eminent domain under the 5th amendment

Enabling Statute

The federal law that creates administrative agencies is called an enabling statute. The enabling statute outlines the administrative agency's name, its management structure and its powers.

D

The first ___ Amendments to the United States Constitution are generally referred to as the "Bill of Rights." a. two b. four c. five d. ten e. 14

Bill of Rights to the US Constitution

The first ten amendments to the US Constitution are called the Bill of Rights. These are the individual rights that all Americans possess and which cannot be taken away by the federal government

Service

The formal delivery of the pleadings to the defendant (The plaintiff in a lawsuit must deliver the written complaint and other written pleadings on the defendant in the lawsuit. )

Embezzlement

The fraudulent appropriation of funds or other property by a person to whom the funds or property has been entrusted

Forgery

The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another

a. For equality >B. For Jobs and Freedom c. For the dream d. For social change

The full name was the March on Washington.

Self-Incrimination

The giving of testimony that may subject the testifier to criminal prosecution; the Fifth Amendment to the U.S. Constitution protects against this by providing that no person "shall be compelled in any criminal case to be a witness against himself."

Board of Directors

The governing body of a corporation is called a board of directors. Board members are elected by the owners of the corporation (shareholders) and must make decisions in leading the corporation that are consistent with the corporation's operating rules, called its bylaws.

Discretionary Appellate Jurisdiction

The highest state court in both the state and federal court systems can generally decide which cases it will review on appeal from lower courts.

A

The insanity defense is rarely used in criminal trials because it is difficult for a defendant to prove insanity under the legal standards used by both state and federal courts. a. True b. False

Arson

The intentional burning of another's building

B

The intentional tort of assault requires that: a. there be physical contact with the body. b. the injured party has knowledge of the danger and is reasonably fearful of the threat of injury. c. the plaintiff suffers actual physical injuries. d. a and c e. a, b and c

B

The legal doctrine of stare decisis prohibits a state court from modifying, revising or overturning common law case precedent. a. True b. False

False

The legal doctrine of stare decisis prohibits a state court from modifying, revising or overturning common law case precedent. True or False?

B

The legal duty of care owed by professionals acting in their professional capacity, such as a doctor, accountant or lawyer, is generally determined by asking how a reasonable non-professional person would have acted under the same circumstances. a. True b. False

Trial

The legal hearing before a judge or jury in both civil and criminal cases. The parties to the case present their evidence - the testimony of witnesses and any other documents that support their positions - to the judge or jury which makes a decision to resolve the underlying legal dispute.

Delegation Doctrine

The legal rule, based on Article I, Section 8 of the United States Constitution, courts follow in allowing Congress to assign some of its authority to make laws to federal administrative agencies.

Docket

The list of cases entered on a court's calendar and thus scheduled to be heard by the court

B

The main objective of criminal law is to compensate the victims of crimes for their losses and damages. a. True b. False

Moral Minimum

The minimum degree of ethical behavior expected of a business firm, which is usually defined as compliance with the law

E

The movie Enron: The Smartest Guys in the Room studies the reasons for the significant lapses in ethical judgment demonstrated by Enron's top level management. Which of the following reasons, as discussed in class, may help to explain the ethical problems at Enron? a. The lack of ethical leaders/role models. b. Deregulation of electricity by the California legislature created a "gray area" in the law that Enron traders and other executives took advantage of. c. A corporate culture that emphasized risk taking and increasing the company's stock price at "all costs." d. a and b e. a, b and c

Mediator

The neutral third party who attempts to help parties resolve a dispute through the process of mediation

Arbitrator

The neutral third-party in the alternative dispute resolution process of arbitration is called an arbitrator.

Mediator

The neutral third-party who attempts to help the parties resolve a dispute through the process of mediation is called a mediator.

Stakeholder View

The only social responsibility of a business is to maximize the wealth of the shareholders while "conforming to the basic rules of the society, both those embodied in law and those embodied in ethical custom."

Non-disclosure Agreement

The parties attempting to resolve a dispute through negotiation or through mediation may agree to keep what is discussed and eventually agreed to confidential through a non-disclosure agreement.

Request for the Production of Documents

The parties to a civil lawsuit may seek specific documents from the other side during the pre-trial discovery phase. Requests to inspect and copy these documents are made through a request for the production of documents

Request for the Production of Documents

The parties to a civil lawsuit may seek specific documents from the other side during the pre-trial discovery phase. Requests to inspect and copy these documents are made through a request for the production of documents.

Legal Remedy

The party filing a civil lawsuit must ask for his or her damages or losses to be compensated through a legal remedy that a judge or jury can award in the lawsuit. Legal remedies in civil lawsuits generally involve the payment of money to the prevailing party. c

a. 4th >B. 5th c. 6th d. 7th

The power of eminent domain can be found in what amendment?

A

The power of the federal courts to declare a statute or government action unconstitutional is called "judicial review." a. True b. False

A

The primary source of federal power to regulate businesses in the United States is the ___________ Clause of the United States Constitution. a. Commerce b. Privileges and Immunities c. Supremacy d. Full Faith and Credit e. Equal Protection

Checks and Balances

The principle under which the powers of the national government are divided among three separate branches - the executive, legislative, and judicial branches - each of which exercises a check on the actions of the others

Business Ethics

The principles and standards that guide business decisions - it is more than a simple extension of employees' personal ethics

Judicial Review

The process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch; the judicial branch of government acts as a "check" on the actions of the executive and legislative branches

Plea Bargaining

The process by which a criminal defendant and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case, subject to court approval

Litigation

The process by which a lawsuit is filed, defended, and ultimately decided by a judge or jury.

Voir Dire

The process that is used by the court in a civil lawsuit to select jury members is called voir dire.

Commerce Clause

The provision in Article I, Section 8, of the U.S. Constitution that gives Congress the power to regulate interstate commerce

Establishment Clause

The provision in the First Amendment to the U.S. Constitution that prohibits the government from establishing any state-sponsored religion or enacting any law that promotes religion or favors one religion over another

Free Exercise Clause

The provision in the First Amendment to the U.S. Constitution that prohibits the government from interfering with people's religious practices or forms of worship

Equal Protection Clause

The provision in the Fourteenth Amendment to the U.S. Constitution that guarantees that a state may not "deny to any person within its jurisdiction the equal protection of the laws." This clause mandates that the state governments must treat similarly situated individuals in a similar manner

Equal Protection Clause

The provision in the Fourteenth Amendment to the U.S. Constitution that guarantees that a state may not "deny to any person within its jurisdiction the equal protection of the laws." This clause mandates that the state governments must treat similarly situated individuals in a similar manner. This does not mean that everyone in the United States is treated exactly the same.

Due Process Clause

The provisions in the Fifth and Fourteenth Amendments to the U.S. Constitution that guarantee that no person shall be deprived of life, liberty, or property with due process of law

Slander of Title

The publication of a statement that denies or casts doubt on another's legal ownership of any property, causing financial loss to that property's owner

Supremacy Clause

The requirement in Article VI of the U.S. Constitution that provides that the Constitution, laws, and treaties of the United States are "the supreme Law of the Land." Under this clause, state and local laws that directly conflict with federal law will be rendered invalid

Alternative Dispute Resolution (ADR)

The resolution of disputes in ways other than those involved in the traditional judicial process

Adjudication

The resolution of the dispute through a hearing conducted by the agency Procedures: - A hearing before an administrative law judge ("ALJ") - Parties have counsel, but there is no jury - Judge (ALJ) makes initial ruling on testimony and evidence If parties are unhappy with ALJ order: - Loser may appeal to agency's governing board - Governing board may make a de novo decision, and ignore the ALJ's decision - final agency order - Appeals go to a federal court

Case Law

The rules of law announced in court decisions; governs all areas not covered by statutory law or administrative law and is part of our common law tradition

Arbitration

The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision that is (most often) legally binding

Shareholder view of corporate responsibility

The shareholder view of corporate social responsibility is based on the idea that the primary responsibility of the corporation's board of directors and executives is to maximize the value of the shareholder's ownership interest in the corporation by being as profitable as possible while at the same time conducting the corporation's business operations in a way that follows all applicable laws.

Ethics

The study of what is "right and wrong" "Moral principles and values applied to social behavior" Business ethics-Principles and standards that guide business decisions-more than an extension of employees' personal ethics.

Exclusive Jurisdiction

The subject matter jurisdiction of the federal courts is created by both the United States Constitution and federal statutes. In some cases, such as bankruptcy, patents and copyrights and anti-trust among others, only the federal courts can decide the case.

Supremacy Clause

The supremacy clause of the US Constitution (found in Article VI) states that the US constitution is the supreme law in the US, meaning that the US constitution takes priority over conflicting federal or state laws and that federal law takes priority over conflicting state laws

Deposition

The testimony of a party to a lawsuit or a witness taken under oath before a trial

Battery

The unexcused, harmful, or offensive intentional touching of another

Trespass to Personal Property

The unlawful taking or harming of another's personal property; interference with another's right to the exclusive possession of his or her personal property

Larceny

The wrongful taking and carrying away of another person's personal property with the intent to permanently deprive the owner of the property

T

There are 13 federal courts of appeal

Administrative Agencies

These are created to establish expertise and to exercise supervision over special problems about which Congress is concerned; they "exercise powers that are normally divided among the three branches of government"

Compensatory Damages

These are designed to "compensate or reimburse a plaintiff for actual losses - to make the plaintiff whole and put her or him in the same position that he or he would have been had the tort not occurred."

Complaint

This MUST contain, Parties identified, jurisdiction stated, recite key facts, state money damages(although they don't matter)

B

Tim and Bob were boxing each other at the local YMCA. Both were wearing boxing gloves and had mouth guards. During their boxing match, Tim hit Bob so hard that he ruptured Bob's spleen. The State has charged Tim with criminal battery as a result of his boxing match with Bob. What is the best defense to the charge of criminal battery, based on these facts, that Tim can use? a. Justifiable use of force/self defense b. Consent c. Mistake of law d. Immunity e. Assumption of risk

C

Title VII of the 1964 Civil Rights Act protects employees and job applicants from sex/gender-based employment discrimination. Title VII, however, does not say anything about sexual harassment. The Equal Employment Opportunity Commission ("EEOC") is a federal administrative agency that was created to help enforce Title VII. The EEOC staff believed that sexual harassment was a form of sex/gender-based discrimination that violated Title VII. As a result, the EEOC enacted an administrative rule which stated that in its view sexual harassment was a form of sex/gender-based discrimination that violated Title VII. Based on these facts, the EEOC rule is best described as a _________________ administrative rule. a. substantive b. legislative c. interpretive d. procedural e. a or b

E

To create jobs in the wine industry, the State of New York decides that it will not tax New York wines, but will tax all "out-of-state" wines $1.00 per bottle. This tax is a/an: a. constitutional regulation of intra-state commerce. b. constitutional regulation of business, as long as it is not shown to interfere with foreign trade. c. constitutional regulation because New York state interests outweigh other states' interests. d. unconstitutional regulation because it violates the Necessary and Proper Clause. e. unconstitutional regulation because it violates the Commerce Clause.

E

To succeed in a legal claim based on negligence, a plaintiff must prove all of the following, EXCEPT: a. duty of care. b. breach of the legal duty of care. c. a legally recognizable injury. d. proximate cause. e. All of the above must be proven in a negligence case.

T

Torts based on carelessness are classified as negligence

Slander of Quality

Trade libel; the publication of false information about another's product, alleging that it is not what its seller claims

Federal Court system

Trial Courts: 1. U.S. District Courts-General Jurisdiction. 2. U.S. Bankruptcy Courts-Only bankruptcy cases. Appeals: 1. U.S. Court of Appeals 2. U.S. Supreme Court

Original Jurisdiction

Trial courts, the courts where civil and criminal cases are first filed and decided, are said to have original jurisdiction over those cases.

A blank indorsement can be converted into a special indorsement.

True

A business like Nike, Inc. has a legally-protected right of "free speech" guaranteed by the United States Constitution to promote its products and to talk about where and how its products are manufactured.

True

A cashier's check is a check drawn by a bank on itself to the order of a named payee.

True

A drawee bank is primarily liable after it accepts the check.

True

A note is a written promise by a maker to pay a payee and is thus a two-party instrument.

True

A restrictive indorsement attempts to limit the rights of the indorsee.

True

A seller who discovers that the buyer is insolvent may stop any delivery.

True

A signature may be made by an individual herself or by an authorized agent.

True

A state long-arm statute allows a state court to exercise personal jurisdiction over an out-of-state defendant in a civil case.

True

An employee can be lawfully disciplined for the following: An employee was sitting in the back of an ambulance with a coworker who was "sucking his teeth." During the ride the employee used her cell phone to post on Facebook that the coworker sucking his teeth was "driving her nuts." Two of her Facebook friends, who were not employees, made supportive responses. The employee then responded that she was about to beat up her coworker with a ventilator. The coworker later saw the Facebook comment and complained to management that the message was vulgar and personally threatening

True

An employee can be lawfully disciplined for the following: After a supervisor reprimanded an employee, the employee put a comment on his Facebook page saying that a [expletive] supervisor at [the name of the employer's store] did not appreciate its employees. The four coworkers who were the employee's Facebook friends did not respond.

True

An instrument payable with a stated, variable rate of interest is an obligation for a fixed amount.

True

An instrument, otherwise negotiable, is negotiable bearer paper if by its terms it is payable to "cash."

True

Any seller can make an implied warranty of fitness for a particular purpose, but only a merchant can make an implied warranty of merchantability.

True

Application of the implied warranty of fitness for a particular purpose does not depend on whether the seller is a merchant.

True

Based on this ruling the Employer should make sure that all components of future restrictive covenants have a specified and reasonable time limit.

True

Both the employer and the worker benefit from a written explanation of the conditions of employment. By "getting it in writing," people can more easily see how seemingly harmless requests such as the owner asking the worker to help out in the shop when the owner leaves to run errands, or offering to provide the worker with a Tennis Shack polo shirt, can create problems in maintaining an independent contractor relationship.

True

Checks, when accepted, are said to be certified.

True

Congress would have the authority under the Commerce Clause to limit the length of semi-trucks operating on the nation's interstate highways.

True

If a buyer breaches an installment contract in a manner that substantially impairs the whole contract, the seller may cancel the entire contract.

True

If the Employee waits one year after his last day of work with the Employer, he can take a job with any company, including a company that competes with the Employer.

True

In a situation in which employees are not sure what to do and their livelihood is threatened, it becomes easier for employees to focus on their own self-interests rather than worry about the best interests of the company they work for.

True

In order for the Restrictive Covenant to be enforceable, the Arbitrator will have to conclude that all of the limitations on what the Employee can or cannot do after leaving the Employer are reasonable.

True

In reviewing the constitutionality of the Iowa law, the United States Supreme Court was required to balance national interests in encouraging the free flow of business between the states and the states' police powers to regulate intra-state businesses and highway safety.

True

In the event of a breach of warranty, the measure of damages is the difference at the time and place of the acceptance between the value of the accepted goods and the value of the goods as warranted.

True

Indiana is sometimes considered a "no fault" divorce state

True

Is the following a lawful employment policy? Employees are prohibited from using social media to post or display slanderous comments about coworkers, supervisors, or the employer that are vulgar, obscene, threatening, or harassing or that violate the employer's policies against discrimination, harassment, or hostility on account of age, race, religion, sex, ethnicity, or other protected class, status, or characteristic.

True

It is easier for government to regulate commercial speech than noncommercial speech and government may even prohibit commercial speech that is false or misleading to consumers.

True

It is possible in some circumstances to recover in a cohabitation situation based on a contract theory or unjust enrichment theory in Indiana

True

It may be difficult for a business to use the "law" as a standard to determine "ethical conduct" because something may be "legal" but "unethical".

True

It was an important or material fact that Nike directed its communication about the wages paid and working conditions established by its contractors to Nike customers in California.

True

Negotiability is a legal concept that makes written instruments an accepted form of payment in substitution for money.

True

Presentment is excused where the acceptor is undergoing bankruptcy.q

True

Requirements for negotiation depend on whether the instrument is bearer paper or order paper.

True

Section 7602 of the Internal Revenue Code, which gives the IRS the right to demand records from taxpayers for investigations, is best described as a procedural law.

True

Since the court determined that Dot Com was "doing business" in Pennsylvania, it was proper for the court to use the Pennsylvania long-arm statute to assert personal jurisdiction over Dot Com.

True

Strict liability in tort generally is not subject to disclaimer, exclusion, or modifications by contractual agreement.

True

Teaching employees how to identify ethical dilemmas - such as how these employees should react to delays in the "million dollar deal" - and training employees how to make ethical decisions are ways that a manager can help to create an ethical workplace climate.

True

The Code has rejected the doctrine of election of remedies, providing that remedies for breach are cumulative in nature.

True

The Code permits an aggrieved seller to bring an action to recover the price where the goods have been identified to the contract and there is no ready market available for their resale.

True

The Code's implied warranty of merchantability is a warranty by a merchant seller that the goods are reasonably fit for the ordinary purposes for which they are manufactured and sold.

True

The Due Process Clause of the 14th Amendment would prohibit a court from asserting personal jurisdiction over an out-of-state business that operates a "passive" website.

True

The Employer has the responsibility (the "burden of proof") to show that the requirements of the Restrictive Covenant in the Employee's employment agreement are reasonable.

True

The Employer will be required to offer testimony from its witnesses at the arbitration hearing that identifies the territory (the geographic area) in which it sells its products.

True

The court decided that Dot Com was "doing business" in Pennsylvania because it had paid subscriptions with 3,000 Pennsylvania residents and had contracts with seven Pennsylvania Internet service providers.

True

The court in Zippo Manufacturing Company v. Zippo Dot Com had to use the Pennsylvania long-arm statute to assert personal jurisdiction over Dot Com because Dot Com was not located in Pennsylvania.

True

The difference between commercial and noncommercial speech is based on the speaker, the intended audience and the content of the speech - an intention to sell a product or service in the case of commercial speech and an intention to speak on an issue of general importance to the general public in the case of noncommercial speech.

True

The following characteristic suggests an "at-will employee" relationship. "As a general rule, people who work for me can leave the job without giving me any notice; likewise, I don't usually give any advance notice when I terminate employees."

True

The indorsement of an impostor or of any other person in the name of the named payee is effective if the impostor has induced the maker or drawer to issue the instrument to him.

True

The intended audience (Nike customers in California) of Nike's communications was more important to the court than the specific manner of Nike's communication - written press releases, full-page newspaper ads, and letters to university presidents and athletic directors.

True

The purpose of the Code's remedial provisions is to place the aggrieved party in as good a position as if the other party had fully performed.

True

The transfer of a nonnegotiable promise or order operates as an assignment

True

The treasurer of Image, Inc. uses a stamp to sign checks drawn on the corporate account. This meets the signature requirement of negotiability.

True

Under the Magnuson-Moss Act, no seller providing a written warranty can effectively disclaim any implied warranty.

True

When a severe weather warning has been declared, a delay in notice of dishonor is excused to the reasonably diligent holder who was prevented from posting the notice.

True

While it may be "legal" for the boss ("Ripsaw Bob") to threaten to fire one third of the employees who work at the company, his threats may be a reason why these three employees are considering unethical actions to keep their jobs.

True

custody is the right to make all decisions with regard to the welfare adn rearing of the minor child

True

joint custody agreements were traditionally disfavored by the courts

True

The exceptions to the 65-foot truck prohibition in the Iowa law supported Consolidated's argument that the Iowa law favored Iowa trucking companies at the expense of out-of-state trucking companies.

True, these exceptions demonstrated that the purpose of the Iowa law was to benefit the Iowa and companies operating in Iowa.

Equal Protection

Under the 5th and 14th amendments, all American citizens must be treated "equally" under the law. These provisions also require that the government establish compelling reasons when it passes laws that treat groups of people differently

Informal Rule-Making

Under the Administrative Procedures Act (APA), informal rule-making takes place after a "notice and comment" process occurs.

A

Under the Separation of Powers provisions of the United States Constitution, and as a general rule, the legislative branch makes the laws, the executive branch enforces the laws and the judicial branch interprets the laws. a. True b. False

Preemption

Under the Supremacy Clause of the United States Constitution, the Constitution is the "supreme law of the land" and federal law takes priority (or "trumps") conflicting state law. When a court decides that a state is attempting to regulate an area reserved by the United States Constitution to the federal government, or when there is conflict between a federal law and a state law, the Constitution or federal law is said to "preempt" or take the place of the conflicting state law.

Judicial Review

Under the US constitution, the judicial branch has the authority to determine if the actions of the other two branches of the government - executive and legislative- exceed their constitutional authority. The process by which the judicial branch - the courts- makes this decision is called judicial review

Judicial Review

Under the United States Constitution, the judicial branch has the authority to determine if the actions of the other two branches of government - executive and legislative - exceed their Constitutional authority. The process by which the judicial branch - the courts - makes this decision is called judicial review.

Informal rule-making

Under the administrative procedures act (APA), informal rule-making takes place after a "notice and comment" process occurs

Capital Punishment

Understate and federal criminal law, sever crimes like murder (capital crimes) are punished by the government by putting the defendant to death

F

Unilateral mistakes create the right to rescind or void the contract

Bribery

Unlawful payment used to secure new business, obtain proprietary information, or manage some personal gain

Duress

Unlawful pressure brought to bear on a person, causing the person to perform an act that he or she would not otherwise have performed

Identity Theft

Unlawfully obtaining and using personal identifying information of another person

False Pretenses

Unlawfully obtaining, through deception or trickery, possession of another individuals lawful property

Adversarial Court System

Unlike the inquisitorial court system, a judge in this court system does play an active role in identifying witnesses and evidence needed to resolve a legal dispute. Instead, the parties and their representatives (attorneys) are expected to identify and present the evidence that supports their respective positions. The judge or the jury in some cases uses this evidence to make a decision in the legal dispute.

Common Law

Unwritten law based on local English customs

Computer Crime

Using a computer for fraudulent purposes

B

Vickie Jenkins claimed that she slipped on dog feces - commonly known as "dog poop" - when shopping at a Frankfort, Kentucky Petsmart store and injured her ankle. Petsmart stores allow customers to bring their pets into the stores to "help shop." Signs posted throughout the Frankfort, Kentucky Petsmart store remind customers to "Watch your Step" and "Keep an Eye out for Pets." Under these facts, Ms. Jenkins' best legal claim against the Frankfort, Kentucky Petsmart store would be based on ______________________________. a. breach of an implied contract b. common law negligence c. common law strict liability based on conducting an ultrahazardous activity d. common law battery e. common law assault

Remedy

What a court provides a party to enforce their right

E

What steps can a business take to create a more ethical workplace for its employees? a. Hire top-level managers who exhibit ethical behavior b. Create a written code of conduct that clearly explains the type of workplace behavior that is "bad" or "unethical" c. Establish reasonable sales and production goals d. Require regular ethics training for all employees e. All of the above

Property Crime

What, according to Miller, Cross and Jentz in Essentials of the Legal Environment, is "the most common type of criminal activity"?

Legally Unenforceable

When a contract is covered by the Statute of Frauds, but is not made in writing, the contract is best described as:

True

When a court "pierces the corporate veil" it holds shareholders and sometimes corporate executives personally liable for the corporation's legal obligations and debts. True or False?

Preemption

When a court decides that a state is attempting to regulate an area reserved by the US constitution to the federal government, or when there is conflict between a federal law and a state law, the constitution or federal is said to "preempt" or take the place of the conflicting state law

D

When a party to a contract makes a unilateral mistake, the contract: a. generally can be rescinded by the mistaken party. b. is void. c. generally can be rescinded by either party. d. generally cannot be rescinded by the mistaken party. e. a and b

Appropriation

When a person's image or voice is used for commercial purposes without that person's permission

Remand

When an appellate court sends a case back to a trial court to reconsider its decision to retry the case, the process of returning the case to the lower court is called remand. Likewise, the commission or board of an administrative agency returns a case to an Administrative Law Judge for reconsideration the process is also called remand.

Remand

When an appellate court sends a case back to a trial court to reconsider its decision to retry the case, the process of returning the case to the lower court is called remand. Likewise, the commission or board of an administrative agency returns a case to an administrative law judge fore reconsideration of the process is also called remand

A

When is a product legally defective? a. The product is dangerous beyond the expectations of average consumers b. No other less dangerous alternatives to the product are available c. The product causes injury when a person improperly uses it d. A person uses a product for a use that the manufacturer expressly warns against

Case Precedent

When judges make decisions, interpreting statutes, constitutions or administrative law, or interpreting existing common law cases, they look at past court decisions. These past court decisions are called case precedent

Strikedown

When parties agree to arbitrate their disputes through arbitration, they frequently request a list of arbitrators from an organization such as the American Arbitration Association. The list usually involved an odd number of arbitrators such as a list of five or a list of seven arbitrators. The parties flip a coin to see who strikes the list of arbitrator first meaning one side will strike an arbitrator's name from the list, followed by the other side, each going back and forth striking the name of an arbitrator they do not want to use to resolve the dispute until one final name remains. The arbitrator is then selected to arbitrate the dispute

Strikedown

When parties agree to arbitrate their disputes through arbitration, they frequently request a list of arbitrators from an organization such as the American Arbitration Association. This list usually involves an "odd number" of arbitrators, such as a list of five or a list of seven arbitrators. The parties flip a coin to see who "strikes" the list of arbitrator first - meaning one side will strike an arbitrator's name from the list, followed by the other side, each going back and forth "striking" the name of an arbitrator they do not want to use to resolve the dispute until one final name remains. This arbitrator is then selected to arbitrate the dispute.

False Light

When something false and offensive is told about someone

Diversity of Citizens Case

When the plaintiff and defendant are citizens of two different states, AND the amount in dispute is greater than $75,000

a. Administrative law b. Delegated law >C. Common law d. Original law

When there are no judicial precedents a judge must create one. This is known as what?

F

When there is a jury; the judge decides the issues of both the law and fact

Binding arbitration

Where required by statutory law, or agreed-upon by the parties to a contract, the decision of an arbitrator is considered final and binding on the parties to a dispute, meaning that both sides agree to follow and implement the arbitrator's decision (award). The ground by which an arbitrator's award can be reversed or overturned by a court are generally very limited by both state and federal statutory law.

Binding Arbitration

Whether required by statutory law, or agreed-upon by the parties to a contract, the decision of an arbitrator is considered "final and binding" on the parties to a dispute, meaning that both sides agree to follow and implement the arbitrator's decision (award). The grounds by which an arbitrator's award can be reversed or overturned by a court are generally very limited by both state and federal statutory law.

Which of the following statements reflects the problem facing the company? (ALL OF THESE)

Whether the company can demonstrate to the NLRB that the former employee was terminated due to her failure to come to work on time. Whether the company will have a fair opportunity to present evidence showing that the former employee's discharge did not violate the NLRA. Whether the cost of litigating the former employee's unfair labor practice charge with the NLRB exceeds the cost of reaching a settlement. Whether the former employee is interested in settling her unfair labor practice charge against the company

D

Which case (as discussed in class) signified a definite shift in American case law, moving away from the contract theory of strict liability? a. Liebeck v. McDonald's b. Palsgraf v. Long Island Railroad Company c. Grimshaw v. Ford Motor Company d. MacPherson v. Buick Motor Company e. Crosswhite v. Jumpking

a. Chief Justice b. Congress c. Judicial Branch >D. President

Which of the following appoints the U.S. Attorney General?

D

Which of the following are "public policy" reasons for holding a manufacturer of a defective product liable for a customer's injuries under a legal claim of strict liability? a. Consumers should be protected from unsafe products. b. Manufacturers should not be able to escape liability for defective products simply because they are not in "privity of contract" with the injured consumer. c. Manufacturers can pass the cost of paying damages to an injured consumer to other consumers in the form of higher product prices. d. a, b and c e. None of the above

D

Which of the following are "public policy" reasons for holding a manufacturer of a defective product liable for a customer's injuries under a legal claim of strict liability? a. Consumers should be protected from unsafe products. b. Manufacturers should not be able to escape liability simply because they are not in "privity of contract" with an injured consumer c. Manufacturers can pass the cost of paying damages to an injured consumer to other consumers in the form of higher product prices d. a, b and c e. None of the above

A

Which of the following civil lawsuits could be filed in federal district court? a. A case in which a state employee is suing the State of Ohio for allegedly violating her rights under the First Amendment to the United States Constitution. b. A common law breach of contract case in which Gert, a citizen of Minnesota, is suing Ajay, a citizen of Wisconsin, for $65,000. c. A case in which Harry, a citizen of Missouri, is suing his employer, Benji's Bait and Smoke House, a business located in St. Louis, Missouri, for sexual harassment under Missouri state employment laws and asking for $25,000 in money damages. d. a and b e. a, b and c

B

Which of the following companies, as discussed in class, tends towards the "shareholder" approach to corporate social responsibility? a. Smucker's Jam b. Phillip Morris USA c. British Petroleum ("BP") d. a and c e. a, b and c

C

Which of the following is NOT something that a plaintiff must prove in order to establish that a defendant is civilly liable for negligence? a. The defendant breached the duty of care she owed to the plaintiff b. The plaintiff suffered injury c. The defendant intended to injure the plaintiff d. The defendant's negligence caused the plaintiff's injury e. None of the above

D

Which of the following is NOT something that a plaintiff must prove in order to show strict product liability applies to the defendant as a matter of law? a. The product must be in a defective condition when the defendant sells it. b. The defendant must normally be engaged in the business of selling that product. c. The product must be unreasonably dangerous to the user or consumer because of its defective condition. d. The defendant did not take the necessary due and reasonable care in assembling the product. e. The plaintiff must incur physical harm to self or property by use or consumption of the product.

D

Which of the following is a potential defense to a common law claim of negligence? a. Assumption of the risk b. Superseding cause c. Res ipsa loquitur d. a and b e. a, b and c

D

Which of the following is an advantage of using mediation as a form of alternative dispute resolution ("ADR")? a. Mediation generally takes less time and is less expensive than a court case. b. Mediation is a confidential process, meaning that generally only the parties involved and the mediator will know what was said and agreed to during the mediation. c. If the parties cannot reach an agreement in mediation, the mediator will ultimately make a "final and binding" award to resolve the dispute. d. a and b e. a, b and c

D

Which of the following is best described as a "trial court" in the federal court system? a. The 9th Circuit Court of Appeals (based in San Francisco) b. The Iowa Supreme Court c. The Iowa Court of Appeals d. The United States District Court for the Northern District of Illinois e. The 7th Circuit Court of Appeals (based in Chicago)

A

Which of the following is best described as a court of special or limited subject matter jurisdiction? a. Small Claims Court for Johnson County Iowa b. State District Court for Johnson County Iowa c. Federal District Court for the Eastern District of Iowa d. Seventh Circuit Court of Appeals - a federal appeals court e. United States Supreme Court

A

Which of the following is best described as a court of special or limited subject matter jurisdiction? a. Small Claims Court for Johnson County Iowa b. State District Court for Johnson County Iowa c. Federal District Court for the Eastern District of Wisconsin d. Seventh Circuit Court of Appeals - a federal appeals court e. United States Supreme Court

D

Which of the following is not a defense to a claim of product liability? a. Product misuse b. Comparative negligence c. Assumption of risk d. Privity of contract e. Commonly known dangers

E

Which of the following is not a valid defense to a criminal charge? a. Infancy b. Involuntary intoxication c. Insanity d. Duress e. Lack of statutory knowledge

B

Which of the following is not an element of the legal claim of negligence? a. Duty b. Recklessness c. Breach d. Causation e. Damages

B

Which of the following statements best describes Milton Friedman's view of the social responsibility of a business? a. The social responsibility of a business is to contribute financially to causes that will increase the social good while also improving the company's reputation. b. The only social responsibility of a business is to maximize the wealth of the shareholders while "conforming to the basic rules of the society, both those embodied in law and those embodied in ethical custom." c. The "social responsibility of a business" does not exist, and a business is therefore able to make as much money as possible without regard for following any established ethical or legal standards. d. The social responsibility of a business is to first identify all groups or persons impacted by the business' operations - its stakeholders - and then to make business decisions that have the best outcome for as many of the business' stakeholders as possible. e. a and d

A

Which of the following statements best describes the Court of Appeal's decision in Soldano v. O'Daniels, 141 Cal. App. 3d 443 (California Court of Appeals 1983)? a. The bartender had a legal duty to, at a minimum, let the patron from the Happy Jack's Saloon call the police after being told that Soldano was being threatened at Happy Jack's. b. The bartender did not owe a legal duty to Soldano because no special relationship existed between the bartender and Soldano. c. The case was dismissed because Soldano's son did not have standing in the case to sue for the wrongful death of his father. d. The court held that the bartender had a moral duty, but not a legal duty, to call the police to assist Soldano. e. None of the above

C

Which of the following statements best describes the legal doctrine of stare decisis? a. The rules which govern the process of appealing a court's ruling. b. The process attorneys use in a civil case to select members of a jury. c. A common law doctrine under which judges use previously decided cases, or "precedents," to make a decision in a case. d. The legal doctrine that identifies certain universal or "natural" rights that belong to each and every member of society. e. A common law doctrine that gives a court the authority to give a plaintiff in a civil lawsuit a fair and adequate remedy "in equity" when no remedy is available at law.

C

Which of the following statements best states the general rule concerning a court's review of an arbitrator's decision? a. An arbitrator's decision is not "final and binding" on the parties. b. A court may overturn the arbitrator's decision if the court disagrees with the outcome of the arbitration case and the way that the arbitrator reviewed the exhibits and witness testimony. c. A court may overturn the arbitrator's decision if the arbitrator is shown to be prejudiced in favor of one of the parties in the arbitration case. d. A court may never overturn the decision of an arbitrator. e. Only federal courts have subject matter jurisdiction to review the decision of an arbitrator.

C

Which of the following statements is false? a. A basic knowledge of the laws and regulations that apply to a business helps managers make better business decisions. b. In today's society, business leaders are generally expected to consider whether a business decision is both legal and ethical. c. Legal realism is based on the idea that all people have fundamental "natural rights" that cannot be taken away by court decision or by statutory law. d. The United States Constitution is the "supreme law of the land," meaning that it is the basis for all law in the United States. e. None of the above

E

Which of the following statements is false? a. A legal decision may also be unethical. b. The United States Supreme Court is a court of both original and appellate jurisdiction. c. As a general rule, courts overturn/reverse the decisions of trial courts on appeal more often than courts reverse or overturn the decisions of arbitrators. d. The increased use of the Internet by businesses has generally made it more difficult for state courts to obtain personal jurisdiction over out-of-state businesses in civil lawsuits. e. None of the above

D

Which of the following statements is false? a. A substantive law creates or defines legal rights and obligations. b. Concurrent jurisdiction is when the federal and state court systems both have jurisdiction over a case. c. A long-arm statute is a state law that allows state courts to obtain personal jurisdiction over out-of-state defendants. d. Studies and experience have shown that the unethical conduct of corporate management is unlikely to affect the behavior of lower level employees. e. None of the above

E

Which of the following statements is false? a. Congress determines the jurisdiction of the federal district courts. b. The President appoints federal judges with the "advice and consent" of the United States Senate. c. Congress has the exclusive authority under the United States Constitution to regulate "interstate commerce" - commerce among and between the states. d. The President can veto an "enabling" statute passed by Congress. e. None of the above

E

Which of the following statements is false? a. There is at least one federal district court in every state in the United States. b. Constitutions exist at both the federal and state level. c. The United States Constitution is the "supreme law" of the United States. d. There are 52 court systems in the United States. e. None of the above

E

Which of the following statements is false? a. We are accountable under the law for the consequences of intentional or reckless behavior and for the unintended consequences of our actions when the harm or risk is "reasonably foreseeable." b. The law establishes legal rights and creates legal responsibilities that we owe other people. c. Just because an action is seen by many people as being "unethical" or "immoral" does not mean that it is illegal. d. A single act can violate both the criminal law and the civil law. e. None of the above

C

Which of the following statements is true? a. "Symbolic speech" - such as burning the United States flag or wearing an arm band to protest war - is not protected by the First Amendment. b. As a general rule, business corporations do not have the same type of First Amendment rights when it comes to "political"/"noncommercial" speech that American citizens have. c. The type of speech that is considered to be "obscene" is difficult to determine because the courts use local "community standards" and judicial interpretation of that legal standard has generally varied from state to state. d. The federal courts, including the United States Supreme Court, have consistently held that "Sunday closing laws" - or "blue laws" - are unconstitutional under the Establishment Clause of the United States Constitution. e. c and d

D

Which of the following statements is true? a. A federal statute covers all 50 states. b. Common law is based on case law/case precedent. c. Constitutional law, as a source of American law, only includes the United States Constitution. d. a and b e. a, b and c

C

Which of the following statements is true? a. A general partnership is a separate, taxable entity. b. A limited liability company ("LLC") is virtually identical to a Subchapter S corporation. c. A joint venture is generally a partnership created for one limited purpose. d. The purchaser of a franchise is usually referred to as the "franchisor." e. None of the above

A

Which of the following statements is true? a. An individual liable under a claim of negligence may not have intended or desired to injure another person. b. In determining if a person's conduct is negligent, the law applies the "subjective person" standard of what is reasonable conduct for that person. c. The only defense in a case of negligence is that of assumption of risk. d. If a person is found liable for the tort of negligence, that person is responsible for all the consequences of her/his actions, whether foreseeable or not. e. All of the above

E

Which of the following statements is true? a. Attorneys for Fred Korematsu used the federal Freedom of Information Act ("FOIA") to obtain documents from the Department of Justice to support Mr. Korematsu's coram nobis petition. b. A significant difference between a court trial and an administrative adjudicatory hearing is that much more information - including second-hand "hearsay" testimony - can be introduced as evidence during an administrative hearing. c. As a general rule, federal administrative agencies do have to obtain a search warrant in order to conduct an unannounced search of a private business' records and files. d. a and b e. a, b and c

D

Which of the following statements is true? a. Concurrent jurisdiction means that the federal and state court systems both have jurisdiction over a civil case. b. The First Amendment to the United States Constitution guarantees unlimited free speech rights to American citizens. c. Each state in the United States has its own constitution. d. a and c e. a, b and c

E

Which of the following statements is true? a. One of the reasons that managing a business today has become more challenging is the increased number of laws and regulations that affect the decisions that managers have to make. b. Given the public's interest in business ethics, it is important for today's business managers to consider whether a business decision is both legal and ethical. c. As demonstrated by clips from the movies Office Space and The Insider seen in class, the lack of ethical leaders/role models may help to explain unethical business practices. d. An action may be legal yet unethical. e. All of the above

D

Which of the following statements is true? a. Research shows that employee look to "role models" - usually their managers and supervisors - when deciding what kind of behavior is considered "right" or "wrong" at work. b. The movie Office Space suggests that employees who are treated unfairly by their managers may try to "get even" by doing unethical things. c. A study conducted by researchers at Ohio State University suggests that employee theft can be totally eliminated if employees are required to complete an ethics training course. d. a and b e. a, b and c

C

Which of the following statements is true? a. The United States Supreme Court is only a court of appellate jurisdiction. b. As a general rule, courts overturn/reverse the decisions of arbitrators on appeal more often than courts reverse or overturn the decisions of trial courts. c. The increased use of the Internet by businesses has generally made it more difficult for state courts to obtain personal jurisdiction over out-of-state businesses in civil lawsuits. d. The primary source of law in the case of Soldano v. O'Daniels, 141 Cal. App. 3d 443 (California Court of Appeals 1983) was California statutory law. e. a, b and c

E

Which of the following statements is true? a. The burden of proof is higher in criminal cases than in civil cases. b. Civil law is generally based on common law and case precedent while criminal law generally relies on statutory law. c. Criminal law is viewed as protecting society from harm while civil law is intended to compensate individuals for their injuries and harm through money damages. d. A criminal defendant who is convicted of committing a crime can be fined or sent to jail; on the other hand, a defendant in a civil case may be ordered to pay fines or money damages to compensate the plaintiff for her/his damages. e. All of the above

B

Which of the following statements would a supporter of the "shareholder" view of corporate social responsibility most likely agree with? a. Corporations should donate or contribute as much money as possible to the communities in which they do business because they have social responsibilities to those communities. b. A corporation's "social responsibility" is to maximize its profits and follow all applicable law. c. Before making a business decision, the executives of a corporation must first identify everyone who could be impacted by the decision (e.g., shareholders, employees, the government, customers, suppliers, environmental groups, etc.) and then make a decision that satisfies as many of the interests of this group as possible. d. a and c e. a, b and c

B

Which of the following statements would a supporter of the "shareholder" view of corporate social responsibility most likely agree with? a. Corporations should donate or contribute as much money as possible to the communities in which they do business because they have social responsibilities to those communities. b. A corporation's "social responsibility" is to maximize its profits and follow all applicable law. c. Before making a business decision, the executives of a corporation must first identify everyone who could be impacted by the decision (e.g., shareholders, employees, the government, customers, suppliers, environmental groups, etc.) and then make a decision that satisfies as many of the interests of this group of "stakeholders" as possible. d. a and c e. a, b and c

D

Which part of the United States Constitution (as discussed in class) was involved in the Supreme Court's decision in the case of Korematsu vs. United States, 323 U.S. 214 (1944)? a. Necessary and Proper Clause b. Commerce Clause c. First Amendment d. Equal Protection Clause e. All of the above

E

While walking down Melrose Avenue on a football game Saturday, Jack Bauer was injured when the tent owned and maintained by the Great Big Asinine Turkey Leg ("GBATL") restaurant fell on him. After making a full recovery from his injuries, Jack received his medical bill ($75,000) from the University of Iowa Hospitals and Clinics. Jack decided to sue the owner of the GBATL restaurant under Iowa common law for negligently maintaining the tent that caused his injuries. Based on these facts, Jack's civil lawsuit against the owner of the GBATL restaurant will involve: a. private law. b. public law. c. criminal law. d. civil law. e. a and d

False

While walking into his favorite restaurant to eat dinner on his birthday, Chuck Norris spots Jackie Chan sitting at his (Chuck's) favorite table. Leaning over, Norris grabs Chan's should and tells Chan to "get out of my chair." Chan, a martial arts expert, responds with a roundhouse kick to Norris' ear, knocking Norris unconscious. In defending himself from a lawsuit filed by Norris, and based on these facts, Chan will not be held liable because he acted in self-defense. True or False?

White collar crime

White collar crime is a description of certain types of crimes frequently committed by executives within a business, including embezzlement, mail and wire fraud, bribery, and the theft of trade secrets.

D

Who is the best known supporter of the view of corporate social responsibility that a business should "make as much money as possible while conforming to the basic rules of the society, both those embodied in law and those embodied in ethical custom"? a. Andrew Jorgenson b. Immanuel Kant c. Jeremy Bentley d. Milton Friedman e. Dietrich Bonhoeffer

Milton Friedman

Who is the best-known supporter of the view of corporate responsibility that a business should "make as much money as possible while conforming to the basic rules of the society, both those embodied in law and those embodied in ethical custom"?

E

Who said that "there is one and only one social responsibility of business - to use its resources and engage in activities designed to increase its profits so long as it stays within the rules of the game, which is to say, engages in open and free competition without deception or fraud"? a. Alan Greenspan b. Aaron Feuerstein c. Maurice Greenberg d. Andrew Jorgenson e. Milton Friedman

E

Why is it difficult to use the law - statutes and court cases - as a standard by which to judge ethical conduct? a. Law is frequently different from one state to the next and certainly from one country to the next. b. The numerous "gray areas" in the law make it difficult to predict with any type of certainty how a court will decide a case. c. As discussed in class, it is possible to do things that are "legal" yet still be acting "unethically." d. The law - as reflected in the Civil Rights Movement in the United States - doesn't always keep up with changes in our society. e. All of the above

Deposition

Witnesses are interviewed under oath by lawyers representing the parties in a civil lawsuit during the pre-trial discovery phase. These interviews are called deposition. Witness testimony is transcribed by a court reporter during the deposition

Interrogations

Written questions for which written answers provided by plaintiff or defendant under oath.

Crime

Wrongful act against society defined by law and made punishable by law

Business Tort

Wrongful interference with another's business rights

A

You are a lawyer representing the owner of a bar who is a defendant in a lawsuit filed by a person injured in a car accident with a drunk driver. The drunk driver had been drinking at your client's bar. The plaintiff is claiming that the bar owner (your client) was negligent in serving drinks to the drunk driver. You are interested in talking to the plaintiff while he is under oath to determine the extent of his damages and to see what kind of witness he would be in court. What discovery tool would you most likely use? a. Deposition b. Written interrogatories c. A voir dire examination d. Request for the production of documents e. An in camera review

B

You are suing your former landlord for refusing to return your security deposit at the end of your apartment lease. The landlord claims that you left your apartment in "a mess" and that she had to spend the entire amount of the security deposit ($600) to clean the carpet in your apartment. You are involved in the discovery phase of the lawsuit against your landlord. Which discovery tool will best allow you to obtain copies of the carpet cleaning bills for your apartment from the landlord? a. Interrogatory b. Request for the production of documents c. Request for admissions d. Deposition e. A motion in limine

Which of the following job characteristics are consistent with an "independent contractor" relationship?

You can keep your own hours. I will pay you $35 for each racquet you repair or string - when the work is completed.

E

You own a small manufacturing company (M and P, Inc.) located in Luverne, Minnesota. The company's production employees are represented by a labor union - the Machinists International Union ("MIU"). M and P, Inc. recently lost a contract with its largest customer. If you decide to close the company, what "stakeholders" will be affected by your decision? a. M and P, Inc. employees b. MIU c. M and P, Inc. customers d. City government in Luverne, Minnesota e. All of the above

A

You represent the owner of a bar who is a defendant in a lawsuit filed by a person injured in a car accident with a drunk driver. The drunk driver had been drinking at your client's bar. The plaintiff is claiming that the bar owner (your client) was negligent in serving drinks to the drunk driver. You are interested in talking to the plaintiff while he is under oath to determine the extent of his damages and to see what kind of witness he would be in court. What discovery tool would you most likely use? a. Deposition b. Written interrogatories c. A voir dire examination d. Request for the production of documents e. An in camera review

A

___________________ is generally considered to be the simplest and least formal type of alternative dispute resolution ("ADR"). a. Negotiation b. Mediation c. Arbitration d. Mediation-arbitration e. A mini-trial

Civil Case

a case between parties decided by a state or federal court involving civil law

complaint

a civil lawsuit is initiated when a plaintiff files a written complaint identifying the basis for the court's jurisdiction, outlines the plaintiff's legal claims and includes a request for damages with the court and serves the complaint on the defendant. In some states a complaint (which is part of the written pleadings in the lawsuit) is called a petition

Counterclaim

a claim made by a defendant in a civil lawsuit against the plaintiff

Public Law

a classification of law that concerns the relationship between individuals and their government. constitutional and criminal law are examples of public law

public law

a classification of law that concerns the relationship between individuals and their government. constitutional law and criminal law are examples of public law.

Procedural Law

a classification of law which explains the process a person uses to protect or enforce his or her substantive legal rights

Arbitration Clause

a clause in a contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court

Stare Decisis

a common law doctrine under which judges are obligated to follow the precedents established in prior decisions

Categorical Imperative

a concept developed by philosopher Immanuel Kant as an ethical guideline for behavior. In deciding whether an action is right or wrong, or desirable or undesirable, a person should evaluate the action in terms of what would happen if everybody else in the same situation, or category, acted the same way

Justiciable Controversy

a controversy that is not hypothetical or academic but real and substantial; a requirement that must be satisfied before a court will hear a case

Precedent

a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts

Quasi-in rem personal jurisdiction

a court may have personal jurisdiction over a defendant who owns property in the state, the defendant has lost a legal judgement in another state, and the plaintiff in the case that resulted in a judgement is asking the court to force the defendant to sell his or her property to pay off the judgement

Personal Jurisdiction

a court must have the authority to order the defendant in a civil or criminal case to appear before the court. This authority, based on the specific connections the defendant has to the state in which the court is located, is called the court's personal jurisdiction over the defendant.

Condemnation

a court proceeding in which a property owner is objecting to government using its eminent domain power to purchase the property owner's property, or where the property owner is challenging the just compensation being offered for the property

Special or limited jurisdiction

a court that can only hear and decide certain types of cases is called a court of special or limited jurisdiction. A state small claims court that can only hear and decide legal dispute under a certain dollar amount is an example of a court of special or limited jurisdiction. The same is true of federal bankruptcy courts, which only decide cases involving bankruptcy

General jurisdiction

a court's subject matter jurisdiction is created by either constitutional or statutory law. a court that can hear and decide a wide variety of cases is called a court of general jurisdiction

Embezzlement

a crime in which a person who owes a special legal duty to another person (fiduciary duty) intentionally takes personal property belongings to that person for his or her own use

Cost-Benefit Analysis

a decision making technique that involves weighing the costs of a given action against the benefits of that action

counterclaim

a defendant in a civil lawsuit who responds to the plaintiff's legal claims by filing her or her own legal claims against the defendant, does so through use of a counterclaim

White collar crime

a description of certain types of crimes frequently committed by executives within a business, including embezzlement, mail and wire fraud, bribery and the left of trade secrets

Summons

a document informing a defendant that a legal action has been commenced against him or her and that the defendant must appear in court on a certain date to answer the plaintiff's complaint. The document that, when filed with a court, initiates a lawsuit

Primary Sources of Law

a document that establishes the law on a particular issues , such as constitution, a statute, an administrative rule, or a court decision

Bankruptcy Court

a federal court of limited jurisdiction that handles only bankruptcy proceedings, which are governed by federal bankruptcy law

Administrative Agency

a federal or state government agency established to perform a specific function

Statute of Limitations

a federal or state statute setting the maximum time period during which certain action can be brought or certain rights enforced

Administrative Law Judge (ALJ)

a government employee who oversees administrative agency adjudications (cases) The ALJ acts like a trial court judge in a civil lawsuit, administering oaths of witnesses, taking evidence,rules on objections to witness testimony and exhibits, and makes findings of fact and conclusions of law in issuing a decision

Pre-trial conference

a judge in a civil case will meet with the plaintiff and defendants (or with their lawyers if they have hired lawyers) before a court trial is held to discuss the issues that will be presented in the case, the witnesses who will testify and the exhibits that both sides will use to support their respective arguments. It is not unusual for the judge to also ask the lawyers during the pre-trial conference about the possibilities that the lawsuit could be settled through negotiations

Adversarial court system

a judge in an adversarial court system does play an active role in identifying witnesses and evidence needed to resolve a legal dispute. Instead, the parties and their representatives (attorneys) are expected to identify and present the evidence that supports their respective positions. The judge or the jury in some cases uses this evidence to make a decision in the legal dispute

Dissenting opinion

a judge in an appellate case who objects to the decision or to the reasoning of the majority of judges on the appellate court can write a dissenting opinion to the majority of the court's decision. In the dissenting opinion, the judge can indicate where and why he or she disagrees with the majority decision

Default Judgement

a judgment entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff's claim

Direct Examination

a lawyer who asks questions of witnesses representing his client does so during the direct examination of the witness

Cross examination

a lawyers who asks questions of the other party's witnesses in a civil or criminal case does so during the cross examination of the witness

Trademark

a legally protected and distinct word, logo, symbol or phrase associated with a product or service and which is registered with the USPTO

Copyright

a legally protected right to exclusively use, copy or distribute a book, movie, painting, play, song, graphic design or other type of original work

Material facct

a material fact is a fact in a civil or criminal case that is important for the court or jury to consider in making its decision in the case

Mediation

a method of settling disputes outside of court by using the services of a neutral third party, who acts as a communicating agent between the parties and assists them in negotiating a settlement

Summary Jury Trial

a method of settling disputes, used in many federal courts, in which a trial is held, but the jury's verdict is not binding. The verdict acts only as a guide to both sides in reaching an agreement during the mandatory negotiations that immediately follow the summary jury trial

Uniform Laws (Model Statutes)

a model law created by the National Conference of Commissioners on Uniform State Laws and/or the American Law Institute for the states to consider adopting

Motion for Judgment on the Pleadings

a motion by either party to a lawsuit at the close of the pleadings requesting the court to decide the issue solely on the pleadings without proceeding to trial. The motion will be granted only if no facts are in dispute

Motion for Summary Judgment

a motion requesting the court enter a judgment without proceeding to trial

Motion for Judgment N.O.V.

a motion requesting the court to grant judgment in favor of the party making the motion on the ground that jury's verdict against him or her was unreasonable and erroneous

Arbitrator

a neutral their party in the alternative dispute resolution process of arbitration

NGOs

a non-governmental organization, usually organized as a nonprofit organization, which may have an interest in the way that a business operates. NGOs can be found internationally, nationally, locally, and advocate for a variety of interests, including human rights and the environment

Dividends

a payment made by corporation to shareholders

whistleblowers

a person, usually an employee of an organization, who makes a public complaint to the authorities about an illegal practice occurring within the organization

Discovery

a phase in the litigation process during which the opposing parties may obtain information from each other and from the third parties prior to trial

Reply

a plaintiff's answer to the defendant's counterclaim in a civil lawsuit is called a reply

Motion to Dismiss

a pleading in which a defendant asserts that the plaintiff's claim fails to state a cause of action or that there are other grounds on which a suit should be dismissed. Although the defendant normally is the party requesting a dismissal, either the plaintiff or the court can also make a motion to dismiss the case

Negotiation

a process in which parties attempt to settle their dispute informally, with or without attorneys to represent them

Secondary Sources of Law

a publication that summarizes or interprets the law, such as a legal encyclopedia, a legal treatise, or an article in a law review Ex. Law Encyvolpedia

Federal Question

a question that pertains to the U.S. Constitution, acts of Congress, or treaties. A federal question provides a basis for federal jurisdiction

Ethical Reasoning

a reasoning process in which an individual links his or her moral convictions or ethical standards to particular situation at hand

Citation

a reference to a publication in which a legal authority such as a statute or a court decision or other source can be found

Legal Realism

a school of legal thought of the 1920s and 1930s that generally advocated a less abstract and more realistic approach to the law, an approach that takes into account customary practices and the circumstances in which transactions take place. This school left a lasting imprint on American jurisprudence

Historical School

a school of legal thought that emphasizes the evolutionary process of law and looks to the past to discover what the principles of contemporary law should be

Sociological School

a school of legal thought that views the law as tool for promoting justice in society

Interrogatories

a series of written questions for which written answers are prepared by a party to a lawsuit, usually with the assistance of the party's attorney, and the signed under oath

Small Claims Court

a special court in which parties may litigate small claims such as 5,000 or less. Attorneys are not required in small claims courts and, in some states, are not allowed to represent the parties

Probate Court

a state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person's estate

Long-Arm Statues

a state law that gives state courts personal jurisdiction over non-resident defendants who do not live in the state based on a connection the out-of-state defendant has with the state. This connection maybe based on the fact that the defendant conducts business in the state, breached a contract with a state resident, committed a tort in the state or maintains a business office in the state.

Long-arm statutes

a state law that gives state courts personal jursidiction over non-resident defendants who do not live in the state based on a connection the out-of-state defendant has with the state. This connection may, depending on the state-long arm statute, be based on the fact that the defendant conducts business in the state, breached a contract with a state resident, committed a tort in the state or maintains a business office in the state

statute of frauds

a state law that requires certain types of contract (contracts for the sale of goods in excess of $500, contracts for the sale or transfer of interests in land, contracts made in consideration of marriage, etc) to be in writing in order to be legally enforceable is commonly referred to as a statute of frauds

jurdisdiction

a state or federal court must have the legal authority to decide a lawsuit and to require that the parties to the lawsuit present their arguments.

Civil Law System

a system of law derived from that of the Roman Empire and based on a code rather than case law; the predominant system of law in the nations of continental Europe and the nations that were once their colonies

slander

a tort based on the publication of an oral statement known to be false and which has or which may have the effect of injuring another person's reputation -defamation

Arbitration

a type of ADR in which a neutral third party (the arbitrator) reviews evidence presented by the parties to a dispute and ultimately makes a final decision which resolves the parties' dispute

Mediation

a type of ADR in which a neutral third-party (the mediator) attempts to work with the parties to a dispute to reach a voluntary agreement that resolves the dispute

Negotiation

a type of ADR wherby the parties to a dispute attempt to resolve their dispute by reaching a mutual agreement. The parties may or may not be represented in the negotiation by lawyers

business corporation

a type of business organization created under state law which offer limited liability protection to the business owners (shareholders) for the debts and legal obligations of the corporation

Shuttle Mediation

a type of mediation in which the mediator first meets with both parties to a dispute and then places each party in a different room. The mediator then goes between the two parties, attempting to obtain proposals from both parties that can be used by the mediator to help find a way to resolve the parties' dispute

Conference Mediation

a type of mediation wherby the mediator keeps the parties to a dispute talking with each other in the same room as a way of facilitating an agreed upon resolution to the dsipute

Criminal law

a type of public law in which actions considered by society to be wrong and which are offensive to society (theft, murder, fraud, etc) are punished

criminal law

a type of public law in which actions considered by society to be wrong and which are offensive to society are punished

commercial speech

a type of speech that is aimed at promoting a product or which is designed to encourage customers to buy or sell a service or product

Writ of Certiorari

a writ from a higher court asking the lower court for the record of a case

"Officers of the Court" in the sense we discussed is a term used to describe bailiffs and others with arrest powers for contemptuous behaviors in court.

a. True >B. False

Actual innocence is always a basis for a new trial.

a. True >B. False

Administrative agencies have no adjudicatory powers.

a. True >B. False

An attorney-client communication must be made in written form for the rules of confidentiality to apply.

a. True >B. False

As a general rule, unless otherwise noted, new laws are to be applied retroactively.

a. True >B. False

As a requirement of zealous advocacy and client confidentiality, a lawyer is duty bound to do anything for her client, including putting on perjured testimony, and has no duty to inform the court of such testimony; and as a matter of law cannot inform the court of such testimony.

a. True >B. False

Certiorari is a Latin term for precedent.

a. True >B. False

Dr. Martin Luther King was the organizer of the march on Washington D.C.

a. True >B. False

Imprisonment is one of the possible verdicts during a civil trial.

a. True >B. False

In McCulloch v. Maryland, the U.S. Government attempted to tax the Baltimore branch of the 2nd Bank of Maryland.

a. True >B. False

In the case of U.S. v Mitchell, the respondent was being charged with trying to aid the enemy in the civil war.

a. True >B. False

NFP, when reading a judicial opinion means "Not For Precedent."

a. True >B. False

Ordinarily, the law does not treat a corporation as a person.

a. True >B. False

Procedural law is always enacted by state general assemblies in order to protect the separation of powers.

a. True >B. False

Standing is not required in civil cases.

a. True >B. False

The Classical School (Beccaria & Bentham) had little in common with Naturalist theory and was disregarded by early American leaders.

a. True >B. False

The U.S. Supreme Court is the main source of all law in this country.

a. True >B. False

The War Powers Resolution forbids the introduction of U.S. troops into war without a formal declaration of war under any circumstances.

a. True >B. False

The authority to regulate commerce by statute is a significant power of the executive branch.

a. True >B. False

The case of Barron v. Baltimore is still good law today.

a. True >B. False

The executive branch was the first governmental branch established in the federal structure.

a. True >B. False

The majority of Americans have more frequent personal contact with the legislative branch than with any other branch of government.

a. True >B. False

The power of a president to suspend the issuance of writs of habeas corpus has not been tried since Ex-Parte Milligan as the U.S. Supreme Court decided that case once and for all.

a. True >B. False

The bill of rights are the

a. amendments to the Constitution >B. the first 10 amendments c. all amendments after the first 10 d. the entire US Constitution

The naturalist theory was based on what belief?

a. few individuals have the ability to distinguish between right and wrong b. the Aristocracy have the ability to distinguish between right and wrong >c. all individuals have the ability to distinguish between right and wrong d. the court system has the ability to distinguish between right and wrong

The Supreme Court mostly commonly employs what type of jurisdiction

a. state jurisdiction >B. apellate jurisdiction c. pendent jurisdiction d. US district court jurisdiction

Independent Regulatory Agency

an administrative agency that is not considered part of the government's executive branch and is not subject to the authority of the president. Independent agency officials cannot be removed without cause

Executive Agency

an administrative agency within the executive branch of government. At the federal level, executive agencies are those within the cabinet departments

Cyberlaw

an informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the Internet

Persuasive Authority

any legal authority or source of law that a court may look for guidance but on which it need not rely in making its decision

Directed verdict

at the end of the plaintiff's presentation in a civil case, either side, the plaintiff or the defendant, may ask the court to either grant (the plaintiff) or dismiss (the defendant) the plaintiff's case. This is done through a motion for a directed verdict

Legal Positivism

believe that there can be no higher law than a nation's positive law, according to them there are no natural rights

Business Ethics

branch of ethics that relates to what is right or good in business settings

In its decision, the Iowa Supreme Court referred to the case of Hooker v. Miller, 37 Iowa 613 (1873), case in which the owner of vineyard used a spring gun to protect his property from people who trespassed on the property to steal grapes. The Iowa Supreme Court's use of this case to help make its decision in the Brineys' appeal reflects the legal concepts of:

case precedent and stare decisis

Tort law is generally based on ________________ law.

common

What is Law?

consists of enforceable rules governing relationships among individuals and between individuals and their society

Independent administrative agencies

created by congress to apply the laws that congress makes. the officials leading independent administrative agencies can only be removed from their positions for good reasons (cause)

The Uniform Commercial Code (UCC)

created through joint efforts of the NCCUSL and the American Law Institute, and was first issued in 1952, adopted in all 50 states, provide a uniform yet flexible set of rules governing commercial transactions

Natural Law

denotes a system of moral and ethical principles that are inherent in human nature & thus can be discovered through the use of people's own native intelligence

Alternative dispute resolution (ADR)

dispute resolution processes that are designed to resolve disputes and which are intended to be an alternative to litigation. Three common alternative dispute resolution processes are negotiation, mediation and arbitration

Interrogatories

during the pre-trial discovery phase of a civil lawsuit, the parties seek information from the other side through written questions, called interrogatories, which must be answered by the party under oath

Testimony at the arbitration hearing that many of the Employer's customers during the time that the Employee worked for the Employer were also doing business with the company that later offered a job to the Employee would most likely support the _____________'s position in the arbitration.

employee

What do laws establish?

establish rights, duties, and privileges that are consistent with the values and beliefs of their society or ruling group

E-Evidence

evidence that consists of computer generated or electronically recorded information, including e-mail, voice mail, spreadsheets, word-processing documents, and other data

Parties who live together are generally considered part of a common law marriage

false

a corporation always protects the owners from personal liability

false

a guardian ad litem is the same thing regular guardian, just for a shorter period of time

false

a quitclaim deed is a higher form of title than a warranty deed

false

according to the IRS insider trading is always considered illegal

false

as recognized by most states, negotiations constitute contractual agreements

false

common law crimes are still allowed in indiana by authority of the indiana supreme court

false

concerning water running through a persons property it is generally acceptable to alter the flow of non navigable streams or waterways but you may not alter the course of navigable waterways

false

contributory and comparative negligence are the same

false

defeasible fees are those that end ownership on the happening of a certain event

false

failure to pay child support is a reason to stop visitation

false

for tax purposes a c corp is more common in small closely held ventures

false

income of corporations is considered personal for tax purposes

false

indiana recognizes negligence as a basis for criminal liability

false

limited partners are those who have authority to operate the business

false

most will contests must establish proof beyond a reasonable doubt

false

per capita is the most commonly applied distribution method for intestate estates

false

search and seizure are never permitted without a warrant

false

the doctrine of implied warranty of habitability has given way to caveat emptor in indiana

false

the process of punishing someone for conduct that occured before it was made illegal is known as accessory before the fact

false

the statute of frauds is generally only applicable to oral contracts, as the parol evidence rule would bar the admission of other evidence in the interpretation of the contracts

false

the zone of danger and world at large theories are synonymous terms

false

federal question jurisdiction

federal courts have federal question subject matter jurisdiction over cases involving application of federal laws or the US constitution

Equitable Principles and Maxims

general propositions or principles of law that have to do with fairness

Executive administrative agencies

generally created by the executive branch of government (president and executive-level offices). Officials who lead and manage executive agencies can generally be removed from their positions by the president without cause

Procedural administrative rule

identifies the process an administrative agency follows when applying the law that congress, through the enabling statute, has charged the agency to apply and enforce

evidence

in a court case, a judge or jury makes a decision based on information called evidence. evidence in a court case can include the statements of witnesses and documentary evidence.

Motion for Directed Verdict

in a jury trial, a motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party who filed the motion on the ground that the other party has not produced sufficient evidence to support her or his claim

Question of Fact

in a lawsuit, an issue that involves only disputed facts, and not what the law is on a given point. Questions of fact are decided by the jury in a jury trial

Jury instructions

in civil and criminal cases in which juries are used, the judge will give the jury written instructions on the questions (issues) the jury must answer in the case as well as the law the jury must follow in reaching its decision

closing statements

in civil and criminal cases, lawyers representing the parties in the case will give a closing statement to the judge and jury outlining the key issues in the case, what they believe the evidence presented demonstrated and asking the jury for a specific outcome

Under the hierarchy of law in the American legal system, a conflict between the United States Constitution and the California Unfair Competition and False Advertising Laws would be decided:

in favor of the California statutory laws (Unfair Competition and False Advertising Laws) which "trumps" or "overrides" all other sources of conflicting law. **in favor of the United States Constitution which "trumps" or "overrides" all other sources of conflicting law.** **by the court using judicial review.**

Award

in litigation, the amount of monetary compensation awarded to a plaintiff in a civil lawsuit as damages. In the context of alternative dispute resolution the decision rendered by an arbitrator

Interpretive administrative rule

interpretive administrative rules are rules administrative agencies make in which the agency provides the public with its interpretation of what congress meant when it passed the laws the agency is charged with enforcing. They do no carry the same force and effect of substantive/legislative administrative rules, meaning they are not legally binding on the business covered by that law

Jurisprudence

involves learning about different schools of legal thought & discovering how each school's approach to law can affect judicial decision making

Business ethics

involves the study of standard of right and wrong established by business

Concurrent Jurisdiction

jurisdiction that exists when a case can be heard only in a particular court or type of court

Exclusive Jurisdiction

jurisdiction that exists when a case can be heard only in a particular court or type of court

Criminal Law

law that defines and governs actions that constitutes crimes. Generally, criminal law has to do with wrongful actions committed against society for which society demands redress.

Substantive Law

law that defines, describes, regulates, and creates legal rights and obligations

Procedural Law

law that establishes the methods of enforcing the rights established by substantive law

Contingency fee agreement

lawyers may agree to represent their clients under an arrangement whereby the client (other than filing fees and certain court costs) does not pay the lawyer for his or her services unless the client's dispute is settled or the client is awarded monetary damages following the completion of a lawsuit. Frequently a contingency fee agreement requires that the lawyer receive a percentage of the money the client receives through a settlement or through the receipt of monetary damages

Retainer

lawyers may require that a client pay a monetary retainer of several thousand dollars to cove the costs associated with the filing or defending of a lawsuit. The retainer is the money the client pays prior to the filing of a lawsuit and it may be a condition for the lawyer's representation of the client

Shareholder view of corporate social responsibilit

maximize shareholder value- be as profitable as possible while at the same time conducting the corporation's business operations in a way that follows all applicable law

Punitive damages

monetary damages awarded by a judge or jury in a civil lawsuit to the winning party to punish the losing party for engaging in reckless behavior. this type of damage is not intended to compensate the winning party for his or her actual losses

compensatory damages

monetary damages that a judge or jury awards the winning party in a lawsuit which are intended to pay the winning party for his or her actual (and proven) losses

Voir Dire

old French phrase meaning "to speak the truth" in legal language, the phrase refers to the process in which the attorneys question prospective jurors to learn about their backgrounds, attitudes, biases, and other characteristics that may affect their ability to serve as impartial jurors

Defendant

one against whom a lawsuit is brought; the accused person in a criminal proceeding

Plaintiff

one who initiates a lawsuit

The court determined that Dot Com operated a/an ____________ website because it advertised its news services and solicited paid subscriptions from Pennsylvania residents.

passive **interactive**

political speech

political or non-commercial speech is a type of speech that reflects the speaker's views about government, a politician or other political views

Answer

procedurally, a defendant's response to the plaintiff's complaint

Private Law

relationship between member of society (Contract Law, property Law, Corporation Law)

Public Law

relationship between members of society and government

Sunset provision/sunset law

requires an administrative agency to end, or which terminates the agency's authority under its enabling statue is called a sunset law. When a specific provision requiring the agency to terminate its operations after a set period of time is included in an enabling statute, the provision is called a sunset provision.

Alternative Dispute Resolution

resolution of disputes in ways other than those involved in the traditional judicial process

Miranda Warnings

rights read to a suspect upon arrest

Minority shareholders

shareholders who own the minority of shares

appellate jursidiction

state and federal courts that have the authority to hear and decide appeals from cases decided by lower trial courts - courts with original jurisdiction to decide the case - are said to have appellate jurisdiction over the cases they decide on appeals

Dormant commerce clause

states and local governments cannot pass laws that interfere with or regulate interstate commerce even if there is no federal law regulating the type of activity covered by the state/federal law

Based on the facts presented in the case, the United States Supreme Court decided that:

the Iowa law unconstitutionally burdened interstate commerce, as the law made it more difficult (and expensive) for out-of-state truck companies to operate trucks on Iowa roads and highways compared to Iowa trucking companies.

Federalist form of government

the US constitution creates a federalist form of government by giving certain powers to the federal government and through the 10th amendment giving all other powers to the different state governments

Prosecutor

the attorney representing the government in a criminal trial

Administrative Law

the body of law created by administrative agencies in order to carry out their duties and responsibilities

Constitutional Law

the body of law derived from the U.S. Constitution and the constitutions of various states

Common Law

the body of law developed from custom or judicial decisions in English and U.S. Courts not attributable to a legislature

Statutory Law

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

Civil law

the body of law that has been established by courts and by legislatures to govern private disputes between individuals or a group of individuals such as a company

Judgement

the decision of the judge or jury in a civil or criminal case. the judgement reflects the obligations of both parties after the case. for example, the judgement may be that the plaintiff's lawsuit is dismissed and, in some cases, the plaintiff must pay the defendant's attorney's fees, or the judgment may be that the defendant lost the lawsuit and is required to pay the plaintiff certain money damages plus his or her attorney's fees

Breach

the failure to perform a legal operation

Enabling status

the federal law that creates administrative agencies is called an enabling statute. The enabling statute outlines the administrative agency's name, its management structure and its powers

Venue

the geographic district in which a legal action is tried and from which the jury is selected

Board of directors

the governing body of a corporation. board members are elected by the owners of the corporation and must make decisions in leading the corporation that are consistent with the corporation's operating rules, called its bylaws

Discretionary appellate jursidiction

the highest state court in both the state and federal court systems can generally decide which cases it will review on appeal from lower courts.

Corporate Social Responsibility

the idea that corporations can and should act ethically and be accountable to society for their actions

International Law

the law that governs relations among nations. National laws, customs, treaties, and international conferences and organizations are generally considered to be the most important sources of international law

Trial

the legal hearing before a judge or jury in both civil and criminal cases. The parties to the case present their evidence -the testimony of witnesses and any other documents supporting their positions - to the judge or jury which makes a decision to resolve the underlying legal dispute

Docket

the list of cases entered on a court's calendar and thus scheduled to be heard by the court

Moral Minimum

the minimum degree of ethical behavior expected of a business firm, which is usually defined as compliance with the law

Non-disclosure agreement

the parties attempting to resolve a dispute through negotiation or through mediation may agree to keep what is discussed and eventually agreed to confidential through a non-disclosure agreement

legal remedy

the party filing a civil lawsuit must ask for his or her damages or losses to be compensated through a legal remedy that a judge or jury can award in the lawsuit. Legal remedies in civil lawsuits generally involve the payment of money to the prevailing party

Platiff

the person who files a civil lawsuit against another person

Domicile

the place where he or she lives, the place the person considers to be his or her home.

Service

the plaintiff in a lawsuit must deliver the written complaint and other written pleadings on the defendant in the lawsuit. the formal delivery of the pleadings to the defendant is called service

Complaint

the pleading made by a plaintiff alleging wrongdoing on the part of the defendant; the document that, when filed with a court, initiates a lawsuit

Principle of Rights

the principle that human beings have certain fundamental rights. Those who adhere to this "rights theory" believe that a key factor in determining whether a business decision is ethical is how that decision affects the rights of various groups. These groups include the firm's owners, its employees, the consumers of its products or services, its suppliers, the community in which it does business, and society as a whole

Judicial Review

the process by which a court decides on the constitutionally of legislative enactments and actions of the executive branch

litigation

the process by which a lawsuit is filed, defended and ultimately decided by a judge or jury

Litigation

the process of resolving a dispute through the court system

Stock Buyback

the purchase of shares of a company's own stock by that company on the open market

Remedy

the relief given to an innocent party to enforce a right or compensate for the violation of a right

Standing to Sue

the requirement that anindividual must have a sufficient stake in a controversy before he or she can bring a lawsuit. The plaintiff must demonstrate that he or she has been either injured or threatened with injury

Online Dispute Resolution

the resolution of disputes with the assistance of organization that offer dispute-resolution services via the internet

Case Law

the rules of law announced in court decisions

Arbitration

the settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision that is (most often) legally binding

Proof beyond a reasonable doubt

the standard of evidence that the government must meet to convict a person of a crime in a criminal case is proof beyond a reasonable doubt. This is an extremely high burden of proof because of the consequences of a conviction in a criminal trial - monetary fines, imprisonment, and in some cases death. Many lawyers describe this evidentiary standard as requiring 99% or more of the evidence

Exclusive Jurisdiction

the subject matter jurisdiction of the federal courts is created by both the US constitution and the federal statutes. In some cases, such as bankruptcy, patents and copyrights and anti-trust among others, only the federal courts can decide the case. These are examples of cases over which the federal courts have exclusive jurisdiciton

Deposition

the testimony of a party to a lawsuit or a witness taken under oath

original jurisdiction

trial courts, the courts where civil and criminal cases are first filed and decided, are said to have original jurisdiction over those cases

a person cannot enter into a contractual agreement with himself or herself

true

a person found to have committed and act of gross negligence may be ordered to pay punitive damages

true

an attempt to complete a crime is considered a criminal act

true

an easement is a right of someone other than the owner to access the property

true

an excuse defense is generally something that the defendant suffers from while a justification defense is generally something that is brought about by another

true

as a general rule, blanket advertisements are not considered offers in contractual agreements

true

corporations can issue various levels of stock with different values to prospective investors

true

due process is required whenever life or liberty are at risk

true

employers are generally not responsible for intentional torts but may be responsible for negligence of employees on the job

true

forced share applies only to surviving spouses

true

generally speaking if you have a right to institute a lawsuit against an agency of state governement under the Indiana tort claim act, it must be done within 180 days

true

if the only will of a decedent is declared invalid, then the estate becomes intestate automatically

true

in a case of negligence the duty may have been to act or to refrain from acting, depending on the circumstances

true

indiana like most states require sellers of real estate to provide a type of disclosure

true

limited partners are not liable for debts of the partnership wile it is doing business

true

month to month tenancies are also known as periodic tenancies

true

partnership income is considered personal for tax purposes

true

the tender years doctrine is declining in use

true

we discussed in class that fee simple has now become interpreted as fee simple absolute in many US jurisdictions

true

Assault

under criminal law and tort law, the threat of force which reasonably causes a person to fear for his or her safety is called an assault

Perjury

witnesses in civil and criminal cases take an oath before they testify to tell the truth, the whole truth and nothing but the truth. a witness who knowingly gives false testimony while testifying under oath at a criminal or civil case commits the crime of perjury

What are the important facts in the problem?

xxxxx ----- former employee company policy xxxxx ------ former employee employs 15 xxxxx ------ employs 15 company policy xxxxx ------- company policy xxxxx -------- former employee xxxxx ------ employes 15 xxxxx ------- all three

How would settling this case (as opposed to going through the adjudication process) affect some of the company's stakeholders?

xxxxx ------ since adj xxxxx -------- company's current emp xxxxx --------- going through xxxxx -------- going through company's current emp xxxxx ------ going through since adj xxxxx ------- since adj company's current emp xxxxx ------ all three

Based on the facts and your answers to the preceding questions, would you recommend that the companies do in this case?

xxxxx ------- 1) try, process try, NLRA xxxxx ----- 2) try, NLRA xxxxx -------- 5) try, process xxxxx --------- 4) try NOT, NLRA xxxxx ------- 6) try NOT, get even xxxxx --------- 7) try NOT, get even try NOT, NLRA

SOURCES OF LAW

• CONSTITUTION • COMMON LAW • DECISIONAL LAW • CASE LAW • STATUTORY • ADMINISTRATIVE REGULATIONS

CRIMINAL VS CIVIL TRIALS

• Defendant innocent until proven guilty. • Guilt must be proven beyond a reasonable doubt. • Evidence obtained in an illegal manner must be excluded from trial. • The defendant does not have to testify and no unfavorable conclusions may be drawn from this failure to testify. • The defendant has the right to be present to hear all the evidence presented.

CATEGORIES OF CRIMES

• Felonies • Misdemeanors • Violations • Infractions • Petty Offenses

DEFENSES TO CRIMES

• Infancy • Involuntary Intoxication • Justification • Insanity • Duress • Entrapment • Mistake in Evidence (i.e., DNA)

Purpose of Law

• Protect the individual • Protect Society • Protect Property • Promote certain social objectives

OBJECTIVE OF CRIMINAL LAW

• Protection of persons + property • Maintaing order • Punishment • Rehabilitation • Historically... revenge.

Which Court has the general authority to change the trial courts verdict on review?

>A. Appellate Court b. Municipal Court c. Federal District Court d. Judicial Court

Federal law enforcement agencies are considered a component of the

>A. executive branch b.FBI c. judicial branch d. legislative branch

a. Federal Executive Branch >B. Federal Legislative Branch c. Federal Judicial Branch d. U.S. Supreme Court

A primary source of U.S. Law is legislation enacted by which of the following?

A tort must involve

A. an element of compensable damage

Workers compensation laws

B. provide protection for employees regarding work related injuries

a. There are multiple circumstances that permit this b. Violation of the rule is prohibited by federal statute c. The rule is absolute and never subject to exception >D. The circumstances are very rare and limited

Which of the following statements describes the rule regarding circumstances in which an attorney may violate the rule of confidentiality outside the bounds of the firm?

a. Procedural law, substantive law >B. Substantive law, procedural law c. Civil law, procedural law d. Common law, substantive law

_______is said to create or define rights, while ______ provides a method for enforcing rights or navigating one's way through the legal system.

a. The draft >B. Military detention and trials c. Presidential war-making powers d. Commerce clause

Comparisons can be made between Ex Parte Milligan and cases today dealing with

What does the latin phrase mens rea translate to?

D. guilty mind

a. Appellate procedures b. Hearings >C. Motions d. Rulings

How do the parties involved in a lawsuit communicate requests with the court?

>A. 3 b. 6 c. 9 d. 12

How many levels do the federal courts comprise(excluding specialty courts)?

>A. 100 b. 435 c. The number varies depending on the decennial census d. As a minimum, there is a senator from each state

How many voting U.S. Senators are there?

a. Total state population b. Number of state senators >C. The population in a specific geographical district d. Number of registered voters within a specific geographical district

Members of the House of Representatives are elected based on

a. Enabling Act >B. APA c.. Enforced Statuatory Law d. Make International Treaties e. Judicial Branch

Must be complied with when an agency issues regulations

a. Precedent b. Constitutional supremacy >C. Judicial Review d. Stare decisis

The case of Marbury v. Madison is generally cited for:

In the case of Barron v Baltimore the ___ amendment was held____ to the states

a. 5th, applicable >B. 5th, inapplicable c. 4th, applicable d. 4th, inapplicable

State governments are responsible for handling matters not addressed by

a. administrative law b. Congress c. federal regulations >D. US constitution

During formation of the national government individual states were left intact because?

a. the fledging nation was at war b. the federal government was too weak to force the states to give up the notion of individual statehood c. the states threatened succession and civil war >D. they could more effectively respond to citizens needs

The theory of respondeat superior generally

A. describes the legal responsibility of the principal in an agency relationship

Assumption of risk

A. is a defense to allegations of negligence

a. his lawyer >B. The judge c. the other side's lawyer d. a witness

An ex-parte communication generally refers to communication between a party and ______.

In regard to criminal conduct defenses, what are the two types of mistakes

B. mistake of fact and mistake of law

negligence per se involves

B. violation of a statute

We talked about three things needed for a crime to take place. What did we not talk about?

B.Occurrence

We talked in class about levels of culpability. Of the following, Indiana does not recognize

C. Negligently

For the crime of attempt to occur, the Model Penal Code requires what?

C. Substantial steps taken toward completion of the crime

We talked about the incohate offenses, which of the following is not an incohate offence

C. abandonment

In a defamation case, a public figure seeking to recover must prove what?

C. actual malice

Bail or the amount required to be posted in exchange for freedom during pending charges cannot be

C. excessive

A partnership is a business that

C. is owned by two or more persons and is not incorporated

Res ipso loquitor is

C. is used when plaintiff does not have access to evidence regarding causation

>A. Commerce Clause b. Necessary and Proper Clause c. General Welfare Clause d. Supremacy Clause

In the Case of Wickard v. Fillburn, the U.S. Supreme Court relied heavily on the

a. Chief Justice b. Attorney General >C. Secretary of State d. Post Master

In the case of Marbury v. Madison, the Chief Justice who wrote the opinion served in what position in the previous administration?

>A. Enabling Act b. APA c.. Enforced Statuatory Law d. Make International Treaties e. Judicial Branch

The law that is passed and allows the creation of an Administrative Agency

>A. Adversarial system b. Financial system c. Honor system d. Trust system

Unlike other professions, the legal profession is based on what system?

a. Compensatory >B. Exemplary c. Penitentiary d. Settlement

What are additional monies that a defendant may be required to pay as a form of punishment?

>A. The authority of the court over the individual and their assets b. The authority of the court over the legal issues in the case c. The authority of the court over the individual's liberty d. The authority of the court over the individual's criminal guilt or innocence

What is presumed when an individual fails to object to a court's authority over him in a civil suit?

a. Determine if a statute was constitutional b. Determine if a statute was applicable in a particular case c. Determine if a law was in violation of a federal statute >D. Determine if law was applied properly and fairly

What is the general function of the appellate court in all cases?

a. Review all actions of the Legislative and Executive branches b. Review all federal death sentences >C. Review laws from different states that may conflict with the Constitution d. Review cases with resolved Constitutional issues

What is the primary function of the U.S. Supreme Court today?

a. Provide additional penalties for repeat offenders >B. Correct a legal wrong c. Try to overturn a remedial statute d. Strengthen an existing statute

What is the purpose of a remedial statute?

a. 2 years >B. 6 years c. 4 years d. Varies depending on the term limits of the individual state

What is the term length for a member of the U.S. Senate?

a. Motion for bill of particulars >B. Motion to dismiss c. Motion to readdress d. Motion to respond

What may be filed if the complaint is deficient in some way?

a. Motion to compel b. Motion for final resolution c. Motion for sanctions >D. Motion for summary judgement

What type of motion occurs when a judge makes a final decision on the issues of the lawsuit without a trial?

a. Before the Senate initially votes on the bill b. Before the House of Representatives forwards the bill to the Senate >C. Once a bill has been submitted to the President d. Within 30 working days of receiving a bill

When can a President exercise veto power?

a. During the sentencing phase b. During closing arguments c. When a plaintiff does not respond within the allotted time >D. When the defendant does not respond within the allotted time

When does default judgement on the complaint occur?

a. Original jurisdiction b. Personam geographical jurisdiction >C. Long-arm statutes d. State extradition statutes

Where does the authority originate for a court to impose jurisdiction over persons beyond their geographical boundaries?

>A. Confidentiality, competence, conflict of interest b. Accounting, confidence, zealous representation c. Confidentiality, conflict of interest among staff, competence d. Competence, confidentiality between staff members, accounting

Which of the following describe some of the most common ethical issues for attorneys, paralegals, and support staff alike?

a. The legislature >B. The courts c. The executive branch d. The ABA

Which of the following entities (according to the cases we discussed) are traditionally charged with the regulation of attorneys?

a. Administrative Procedure Act b. Delegation Doctrine >C. Enabling Act d. Executive Order

Which of the following gives congressional authority to the President to create an agency?

a. Administrative Procedure Act b. Code of Federal Regulations c. Delegation Doctrine >D. Enabling Act

Which of the following is a collection of statutes with a definitive statement expressing the goals of Congress on a particular subject?

a. Apply and regulate the Statutory Laws b. Develop and validate the Statuatory Laws c. Develop and interpret the Statuatory Laws >D. Interpret and apply the laws

Which of the following is a primary responsibility of the Judicial Branch?

a. Administrative Agency Creation Act b. Procedure and Code of Federal Regulations Act >C. Administrative Procedure Act d. Administrative Enabling Regulations Act

Which of the following provides for the agencies fair and efficient operation?

a. Notice >B. Presidential review c. Right to be heard d. Publication

Which of the following were not included in the 3 steps we talked about concerning administrative agency rule making?

a. Indirect Civil Contempt >B. Direct Criminal Contempt c. Direct Judicial Contempt d. Indirect Judicial Contempt

Which type of contempt is usually used to punish someone for courtroom misconduct?

a. Attorney >B. Client c. Federal judge d. The information cannot be waived

Who can waive the privileged information produced as a result of the attorney-client relationship?

a. Defendant b. Defense attorney >C. Plaintiff d. Paralegal

Who files a complaint?

Federal laws take precedence over conflicting laws because of the

a. legislative clause b. judicial clause c. statutory clause >D. supremacy clause