LAW MD1

After all pleadings are filed and discovery is completed, a party may ask the judge to rule in their favor on the basis that there are no genuine disputed facts, and the judge need only rule on the law. The motion asks the court to grant: A.Summary judgment B.Judgment on the pleadings C.Default judgment D.None of these are correct

A

Agency rules are similar to statutes because of which one of the following? A.They are legal requirements and binding as if Congress has passed them. B.They are enforced by law enforcement agencies. C.Congress must vote in favor of them to become effective. D.They are opinions regarding laws passed by Congress.

A

The FDA regulates the distribution of Gensol. As a federal executive agency, it has rules about the off-label marketing of drugs. If Pharzime was to be accused of violating one of the FDA rules, Pharzime's first formal hearing would be: A.in a Federal District Court. B.in front of an administrative law judge. C.in a Federal Circuit Court of Appeal. D.In the Federal Court of Administrative Actions.

B

Curtis filed a lawsuit against Ulhoff for failure to repay $1,000 according to the terms of the promissory note. The lawsuit ended before trial, with the trial judge granting a motion for summary judgment in favor of Curtis. Ulhoff has appealed, and the Supreme Court of Iowa has remanded the case. This means - Curtis automatically wins because he won in the lower court. - Ulhoff automatically wins because he lost in the lower court. - Neither party wins because the case is being thrown out. - We don't know who wins yet because the case is being returned to the trial court for additional steps.

We don't know who wins yet because the case is being returned to the trial court for additional steps.

-Sanchez and Yan entered into a contract that required Sanchez to deliver twenty textbooks to Yan's bookstore every month by the 15th raised to the th power of the month. Six months after Sanchez and Yan entered into this contract, Sanchez breached the contract by not delivering the textbooks to Yan's bookstore. After Sanchez breached the contract, Yan sued Sanchez for her damages. Yan must choose the appropriate court in which to file her lawsuit. To do this, Yan needs to be sure the court has: - both subject matter and in personal jurisdiction in the case. - neither in personam jurisdiction nor subject matter jurisdiction in the case. - in personam jurisdiction, but not subject matter jurisdiction, in the case. - subject matter jurisdiction, but not in personam jurisdiction, in the case.

both subject matter and in personal jurisdiction in the case.

The primary source of federal power to regulate business is the - Privilege and Immunities Clause. - Supremacy clause - commerce clause - contract clause

commerce clause

Steps for creating statutory law include filing a bill in the legislature, debating and voting on the bill in committees and in the legislative assembly, and ultimately: A.Being approved by the courts. B.Being designated as a civil or criminal law. C.Becoming an act when signed by the president or state governor, or if vetoed, when the veto is overridden. D.Being published in the state or federal code.

C

Tristan Gris was being bullied online by his nemesis Zyler Marcs. Zyler posted lies and false information about Tristan, his family, and even spread a vicious rumor that Tristan had a criminal record. Exasperated, Tristan sues the internet service provider (ISP, Inc.) for libel. Before the cyber bullying, Tristan was making a pretty good living off of his YouTube channel, but his viewership dropped off after the false accusations circulated and he lost considerable income. Will Tristan win the lawsuit against ISP, Inc.? Choose the best response. A.Yes, because the facts meet all of the elements of a defamation claim. B.Yes, because injury is proven due to the doctrine of libel per se. C.No, because Tristan can't prove that ISP, Inc. assisted Zyler in publishing the defamatory content. D.No, because ISP, Inc. is not a newspaper and does not employ Zyler.

C

Which of the following statements are applicable to the doctrine of stare decisis? (Choose 2 answers) A.A lower court must choose whether to follow the precedent of a decision made by a higher court in the same jurisdiction. B.Stare decisis is a principle that arose out of the common law. C.A court must follow the decisions of a higher court, even if the decision comes from another jurisdiction. D.A lower court must follow the precedent of a decision made by a higher court in the same jurisdiction.

D, B

The 14th Amendment requires that all levels of government treat people identically. True or False?

F

The power to regulate interstate commerce is given jointly to Congress and the states under the U.S. Constitution. (T/F)

F

Tort issues are firmly ingrained in law and do not change. (T/F)

F

Working out some frustrations after a bad game, Jessica angrily hits a baseball and then sees it is flying toward a man on the sidewalk. She yells, "Watch out!" The man, who had just had eye surgery, screams, ducks and the ball narrowly misses him. Since there was no physical contact, no assault or battery occurred. True or False?

F

A tourist buys tickets from RCB rock climbing and signs a waiver before learning to climb. While standing at the base of the mountain a car veers off the road hitting and injuring the rock climber. Climber sues. (Defense: Prevail or Fail)

Fail

An amusement park customer is injured when the latch on the roller coaster seat they were in comes loose due to a failure of the park to inspect and repair their rides regularly. Customer sues.

Fail

During the pandemic of 2020, the City of Mayberry passes an ordinance that requires all citizens to wear a face mask in public. Addison believes that the government cannot regulate his personal behavior and refuses to wear a mask; he says that forcing him to wear a mask violates his constitutional rights! A police officer stops Addison on the street and arrests him for violating the city ordinance. Can Addison successfully challenge the mask ordinance on constitutional grounds? - No, the federal government has the authority to regulate this kind of behavior, and the city police officer is acting as an agent of the federal government. - No, requiring people to wear a face mask during a pandemic is a valid exercise of the state's police power. - Yes, this ordinance violates a citizen's right to free speech. - Yes, this ordinance violates a citizen's right to privacy.

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

What is the primary trial court in the federal system? - U.S. District Court. - Municipal Court. - U.S. Supreme Court. - U.S. Claims Court.

U.S. District Court.

Which two answers correctly describe the role of Judicial power under the U.S. Constitution? - enforce laws - create laws - determine the validity of laws - right to interpret laws

- determine the validity of laws - right to interpret laws

Which of the following are the TWO types of ADR that results in parties voluntarily signing a settlement agreement rather than proceeding to trial? (Choose 2 answer choices) A.Mediation B.Arbitration C.Negotiation D.Litigation

A,C

Amil was so excited about the transaction he just agreed to with Brin. Brin is a realtor and is very good at her job. They had just formalized a contract for Brin to sell Amil's house in exchange for a 4% commission. Brin got started immediately and showed the house to Courtney, who pretended she was not interested. However, later that day and unbeknownst to Brin, Courtney called Amil directly with an offer to pay the full asking price for the home. Amil accepted and sold the house to Courtney. Brin did not get the expected 4% commission as expected and was furious when she learned what happened. What tort, if any, might Courtney have committed? A.False Advertising B.Tortious interference with a contract C.Tortious interference with a prospective advantage D.Intentional infliction of emotional distress

B

For a thrill, Isabel goes to a water park with steep waterslides. While waiting in line for the waterslide, she is bitten by a racoon. Will the water park be able to avoid liability on the basis of the assumption of risk doctrine? A.No, because wild animals are ultrahazardous. B.No, Isabel did not assume the risk of getting bitten by an animal. C.Yes, if Isabel was an adult. D.No, because Isabel was an invitee. E.Yes, because it is common knowledge that water parks are not always safe.

B

An arbitrator is different than a mediator because an arbitrator: A.Is employed to help the parties avoid litigation. B.Hears both sides of a matter. C.Has the authority to make a binding award. D.Is a third-party neutral.

C

A witness testifying in court or before a state or federal legislature cannot be sued successfully for defamation. True or False?

F

A form of due process that holds that certain rights are so fundamental that the government may not eliminate them is referred to as - Substantive due process. - Judicial restraint. - Eminent domain. - Procedural due process.

Substantive due process.

The fastest-growing method of dispute resolution in the United States is - arbitration - mediation - negotiation - litigation

mediation

Harold is the owner of Fairway Lawn Service, which provides lawn-care services to residential and commercial customers. Harold regularly sprays his customers' lawns with a pesticide that contains glyphosate. The Environmental Protection Agency (EPA) issues a citation to Harold for commercial use of the pesticide. The EPA says glyphosate can only be used in residential applications. Harold knows that this has not been the law in the past, so he searches the EPA website for information about glyphosate. Harold finds nothing that indicates glyphosate cannot be used in commercial applications, so Harold demands a hearing to dispute the citation he has been issued. Harold will probably: - win because Harold's use of glyphosate would be grandfathered in. - lose because as a commercial lawn care provider, Harold must stay abreast of current research on pesticides. - win because the EPA did not give notice of the rule change regarding glyphosate. - lose because the EPA is not required to give notice before it changes environmental rules. Assessment question

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

Common law, like statutory law, is prospective. (T/F)

False

DoorWay Computers, Inc., the trademark owner of "DoorWay," sought a court injunction to prevent Handyman Hardware, In. from using the domain name, "DoorWay.com." A jury will decide whether DoorWay is entitled to this remedy. (T/F)

False

Misleading commercial speech may be outlawed altogether without violating the Constitution. (T/F)

T

In the case of Panavision Int'l. v. Toeppen, the Ninth Circuit Court of Appeals affirmed the district court's decision. This means that the Ninth Circuit Court of Appeals approved the district court's decision and upheld the outcome in the case. (T/F)

True

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

arbitration

- Sar signs a contract with a new customer, her biggest one yet. The next day, Sar learns that her biggest competitor, Jen, has convinced the customer to sign with Jen and break the contract with Sar. Sar is upset about the deal but does not want to sue. Sar's attorney, however, encourages Sar to sue Jen. Her attorney tells Sar that it is important to sue Jen, who acted badly, for policy reasons. In addition to compensating Sar for her losses, a lawsuit would: - deter only Jen from committing similar bad behavior in the future. - absolutely prohibit Jen from repeating the act in the future. - help deter Jen and others from committing similar bad behavior in the future. - absolutely prohibit others from acting the way Jen acted.

help deter Jen and others from committing similar bad behavior in the future.

A professional painter positioned a ladder in front of a closed door in a busy office and climbed the ladder to paint the ceiling. An employee opened the door from the other side, knocking the ladder over and injuring the painter. The painter sues the manufacturer (PTC, Inc.) alleging that PTC should have warned against using the ladder in front of an unlocked door. This claim will likely: A.Prevail. Because ladders are always used in dangerous ways, PTC had a clear duty to warn. B.Fail. The obvious risk imposed no duty to warn. C.Prevail. As a manufacturer, PTC has a duty to warn consumers about every conceivable danger involved with the use of its products. D.None of the above.

B

B2B Corp. owns several stores in Big City and is always looking for new locations to add to its roster. The CEO of B2B is at a coffee shop and runs into the CEO of Prime Real Estate (who also does business in Big City). B2B's CEO casually mentions that it is in negotiations to lease a new building on R St., NW and how it exciting it will be to have it as its new flagship (main/biggest) location and how beneficial it will be to the company. The CEO of Prime Real Estate contacts the owner of the new building and tells them how desperate B2B is to make that its new flagship location, noting that B2B is likely to pay much more than new building is asking to lease the space. This leads new building's owners to drastically increase their asking price for the lease. What tort, if any, did the CEO of Prime Real Estate commit? A.False Advertising B.Tortious interference with a contract C.Tortious interference with a prospective advantage D.Intentional infliction of emotional distress

C

If Pharzime was to be accused of violating one of the FDA rules, which of the following is true? A.Pharzime could opt-out of a hearing before the FDA and have the case heard in a Federal District Court. B.Pharzime could never have the case in the federal court system, since federal courts have no jurisdiction over administrative matters. C.Pharzime could only have the case in the federal court system after it exhausted all of the administrative remedies available to it. D.Pharzime could opt-out of a hearing before the FDA and have the case heard in a Federal Circuit Court of Appeal.

C

In a civil case, the plaintiff must prove the case beyond a reasonable doubt. (T/F)

False

In reaching its verdicts, appellate courts conduct trials and rehear all evidence. (T/F)

False

congress can legally create a statute on anything at all (T/F)

False

In a civil case the losing party is deemed guilty or not liable. These terms can be used interchangeably in the civil context. True or False?

False - criminal > guilty or non - civil > liable or not

Nevada passed a law banning all commercial billboards along state highways to improve the appearance of the environment. If companies in the state challenge this law, a court would examine which of the following to determine if the law is constitutional? - It would have to be established that the law does not further an interest of the state of Nevada to create a more aesthetically pleasing environment - It would have to be shown that the law reaches no further than necessary to promote the state's goal. - It would have to be shown that the commercial billboards are not obscene - It would have to be shown that the companies seeking to advertise along the highway are not violating any Nevada laws.

It would have to be shown that the law reaches no further than necessary to promote the state's goal.

The doctrine of precedent requires - That the victim testify. - Judges to base rulings on previous cases. - That the defendant testify. - A 12-member jury of the defendant's peers.

Judges to base rulings on previous cases.

Roger has worked for an agency, the Federal Reserve, for ten years. Recently, Roger has heard rumors that multiple employees have contracted COVID-19, a highly contagious and potentially dangerous disease, although they have recovered completely. Nevertheless, Roger is still concerned about being around these people, so Roger asks his employer, the Federal Reserve, for a list of these employees. The Federal Reserve refuses, so Roger files a Freedom of Information Act (FOIA) request for the information. Under the FOIA, will the Federal Reserve provide Roger this list? - No, because as a current employee of an agency, the Federal Reserve, Roger cannot file a FOIA request with the Federal Reserve. - No, this information is confidential and personal. - Yes, providing this information does not violate normal agency policies. - Yes, Roger has a good reason for requesting this information.

No, this information is confidential and personal.

1.Skydiving School requires participants to sign a waiver of liability before taking lessons. A student signs the document which states that the activity has inherent dangers and agrees not to sue the company if injury or death occurs. The student is severely injured during a training session and sues. (Defense: Prevail or Fail)

Prevail

Pumped by the Eagles/Chiefs Super Bowl, a group of amateur players agree to play tackle football for charity with pro football players without protective equipment. Two amateur players suffer concussions and sue. (Defense: Prevail or Fail)

Prevail

While attending a baseball game you are hit in the eye by the ball and sue. (Defense: Prevail or Fail)

Prevail

A person criticizes the U.S. President on a blog site about public policy. (Unprotected or Protected)

Protected

A tells B, "I hope your dad ends up in a ditch." (Unprotected or protected)

Protected

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

Separation of Powers.

A branch of tort law that imposes a much higher level of liability when harm results from ultrahazardous acts or defective products is referred to as - Heightened liability. - Strict negligence. - Strict liability. - Res ipsa loquitur.

Strict liability

The amendments to the U.S. Constitution protect the people from the power of state and federal governments. (T/F)

T

The single recovery principle requires a court to settle a matter once and for all by awarding a lump sum for past and future expenses. (T/F)

T

An intentional tort involves conduct in which - There is resulting punishment, including prison, for the defendant. - Injuries are caused to someone because of the defendant's neglect or oversight. - The defendant intended a certain physical act that ends up injuring someone. - The defendant intended to harm the plaintiff.

The defendant intended a certain physical act that ends up injuring someone.

A person in a crowded theater falsely yells fire and hundreds of people are injured (Protected or Unprotected)

U

A fired former employee tells a company CEO that they will report illegal dumping of chemicals unless the company pays $1 million (Unprotected or protected)

Unprocted

A person creates a pro-terrorist website that asks people to join terror groups in overthrowing the U.S. government. (Unprotected or Protected)

Unprotected

- Way Out Records signs a one-year contract with Reddick for exclusive rights to record his songs. Fun Times Records hears about the deal and begins discussions with Reddick to record for them instead. To convince Reddick to cancel his contract with Way Out Records, Fun Times offers Reddick ten percent more royalties on his songs and a more flexible recording schedule than Way Out had offered him. Fun Times also sweetens the deal by offering a two-year contract instead of just one year. Reddick signs the two-year contract with Fun Times and cancels the contract with Way Out. If Way Out Records sues Fun Times Records for tortious interference with a contract: - Way Out Records will probably not be successful, because businesses are free to contract with whomever they wish. - Way Out Records will probably not be successful because Fun Times Records was just exercising its right to compete in the market. - Way Out Records will probably be successful, because Fun Times Records wrongfully induced Reddick to break his contract with Way Out Records. - Way Out Records will probably be successful because Fun Times Records offered Reddick a better deal.

Way Out Records will probably be successful, because Fun Times Records wrongfully induced Reddick to break his contract with Way Out Records.

Tillie is served with a lawsuit to collect a debt Tillie allegedly owes to Big Ben Clocks. The summons attached to the lawsuit says that Tillie has thirty days to answer the complaint. Fifteen days later, Tillie receives a copy of a default judgment in the mail, directing Tillie to pay $1000 to Big Ben Clocks. Does Tillie have any grounds on which to have the default judgment set aside? - No, a violation of procedural due process is not a ground to set aside a default judgment. - Yes, it is a violation of procedural due process. - No, once a court enters a judgment of any kind, it is final. - Yes, it is a violation of substantive due process.

Yes, it is a violation of procedural due process.

Sofia works in the advertising department of Energy First, a company that manufactures a vitamin supplement that allegedly boosts a person's energy level. Sofia creates an advertisement for the product that states that Energy First has been clinically proven to boost energy levels when she knows that no such study has occurred. Can the government prevent Sofia from making such claims in her advertisements? - No, the government cannot because in doing so, the government goes too far in restricting free speech. - Yes, commercial speech is even more protected under the First Amendment than individual speech. - No, the government cannot regulate free speech. - Yes, the government has a substantial interest in protecting the health of the public, and the restriction on these claims advances that interest without going any further than necessary.

Yes, the government has a substantial interest in protecting the health of the public, and the restriction on these claims advances that interest without going any further than necessary.

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

a default judgment may be entered against her.

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

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

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

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

Noah and Otto have been neighbors for years. They have also been arguing for years, and each of them prohibits the other from coming onto his property. One day, as Noah is getting in his car to go to work, he sees Otto's 15-year-old son Hank lying in Otto's front yard. Hank had been mowing the yard when he lost his footing and fell, and the mower ran over his leg. Noah rushes over to help Hank. Because Otto is not home, Noah helps the boy and waits with him until his mom comes home. Later, when Otto finds out what happened, he wants to sue Noah for coming onto his property. If Otto sues Noah for coming onto Otto's property without permission, Otto will: - lose because the trespass was warranted. - win even though the trespass was warranted. - lose because the trespass was unwarranted. - win because the trespass was unwarranted.

lose because the trespass was warranted.

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

stare decisis.

Anne Marie has surgery to have her gall bladder removed at Mt. Sinai Hospital. The surgery goes well, but several days later, Anne Marie experiences severe abdominal pain. X-rays reveal a small surgical instrument in Anne Marie's abdominal cavity. Anne Marie has to endure another surgery to remove the instrument. Anne Marie sues the surgeon for negligence. To win her negligence lawsuit against the surgeon, Anne Marie must prove: - that a reasonable person would not have left a surgical instrument in her abdominal cavity. - that the surgeon intended to leave a surgical instrument in her abdominal cavity. - that the surgeon was not qualified to perform the surgery. - that a reasonable surgeon would not have left a surgical instrument in her abdominal cavity.

that a reasonable surgeon would not have left a surgical instrument in her abdominal cavity.

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

the final order in the case unless the store appeals.

In 1994, the Arizona Supreme Court decided the case of Hernandez v. Arizona Board of Regents and found a duty of care to avoid furnishing alcohol to underage consumers. If in 2008 a Flagstaff, Arizona plaintiff brings a lawsuit against an Arizona university's fraternity for providing alcohol to members under the legal drinking age, the Hernandez v. Arizona Board of Regents case will serve as precedent. (T/F)

true

- Freddy carries his books and school supplies in a large backpack. The hallways at Freddy's school are always very crowded. One day, Freddy turns around quickly to talk to a friend, and a sharp pencil that is sticking out of his backpack gouges Lorraine in the eye. Lorraine ends up losing the use of her eye. If Lorraine sues Freddy in a negligence action, the standard the court will use to determine whether Freddy is liable is: - what the court would have done under the circumstances. - what the jurors would have done under the circumstances. - what a reasonable person would have done under the circumstances. - what Lorraine would have done under the circumstances.

what a reasonable person would have done under the circumstances.

B testifies truthfully in court about what they saw and heard when a head-on car collision occurred, injuring several people (Unprotected or protected)

protected

Someone has tattoos on their body of the twin towers being attacked on 9/11 and is asked to cover up or leave a swimming pool (Unprotected or protected)

protected

Elton is a state representative for the North Dakota legislature. Recently, Elton and his colleagues in the legislature proposed a law that would increase the penalty drivers would have to pay if they pass a stopped school bus. The type of law that Elton and his colleagues will enact is known as: - admin law - common law - an ordinace - statutory law

statutory law

B publishes an article accusing C of spreading a communicable disease, causing C harm (Unprotected or protected)

unprotected

During a televised interview, B says C has a drug addiction, causing C harm (Unprotected or protected)

unprotected

The 4th Amendment to the Constitution provides an employee of the Franklin County Clerk's office due process protection from being fired without a hearing by a neutral fact finder.

5th amendment

A store guard suspects BB of shoplifting. To stop BB from leaving the store, the guard pulls an unloaded gun on the shopper. The shopper (who is terrified of guns), faints and hits their head on a counter. The shopper later sues the store for assault. The store defends by claiming the guard never touched the shopper and the gun was not loaded. Who wins? A.The shopper. The store is liable for assault. B.The shopper. The store is liable for battery. C.The store, since the guard never touched the shopper. D.None of the above.

A

Congress passes a law making it a crime to use marijuana. The judiciary can check the power of Congress by: A.Declaring the law unconstitutional. B.Vetoing the law. C.Impeaching senators. D.Making it constitutional to use marijuana. E.None of these are correct.

A

You have had a grudge against the owner of a local barbeque restaurant (BBQ 2) for years. You went to high school together and they are always acting like they are better than you because even though you both own BBQ restaurants, BBQ 2's business seems to be more popular than yours (BBQ 1). You get back at them by spreading false rumors that BBQ 2's food made a lot of people sick. BBQ2 lost half of their customer base right before the July 4 holiday! If BBQ 2 sues you, which of the following is true? A.BBQ 2 has a valid cause of action. B.You have nothing to worry about, as this is just your opinion, so no laws have been broken. C.BBQ 2 does not have a valid cause of action. D.This is valid competitive conduct and does not raise legal issues.

A

Generally, constitutional protections do NOT apply to - Acts of administrative agencies. - Acts of state government. - Acts of privately owned businesses. - Acts of the federal government.

Acts of privately owned businesses.

If the President vetoes a bill, it can still become law if both the House and the Senate approve it with a 51 percent majority. (T/F)

False

What is an example of an independent agency? - all r correct - FBI - IRS - FCC

IRS

Gloria threw a rock that hit Meryl. Meryl can prevail in a lawsuit against Gloria for Battery. True or False?

T

The purpose of the Freedom of Information Act (FOIA) is - To give citizens, businesses, and organizations access to information that federal agencies are using. - To permit warrantless searches and seizures of evidence when necessary to ensure safety. - To limit the amount of information that the government can collect about its citizens, businesses, and organizations. - To give the government access to information concerning citizens, businesses, and organizations.

To give citizens, businesses, and organizations access to information that federal agencies are using.

Administrative agencies exist at the federal, state, and local levels. (T/F)

True

Even if a statute's words have ordinary, everyday significance, the court will look at the legislative history of the law and public policy in order to interpret the statute. (T/F)

True

Public hearings are required in formal administrative agency rulemaking. (T/F)

True

Unethical behavior causes financial harm. (T/F)

True

Negligence concerns harm that - arises by accident. - is unforeseeable. - arises intentionally. - is always substantial

arises by accident.

Which of the following is NOT a primary source of contemporary law? - common law - natural law - statutes - treaties

natural law

Treaties with foreign nations can be made by only the --- and ratified by ----

president, senate by a 2/3 vote

A comedian calls B a "nut job" and a "wacko" for accusing A's spouse of plagiarism (Unprotected or protected)

protected