Quiz #2

The part of the Constitution that gives Congress the authority to make laws to carry out powers granted to Congress in the Constitution is the:

Necessary and Proper Clause

The formal statements made to the court by the parties to a case that list their claims and defenses are called:

pleadings

Which is the correct order of stages for a typical lawsuit:

pleadings, discovery, pretrial, trial, appeals

Discovery can impose significant costs on businesses, making them more likely to:

settle out of court

Which of the following restrictions on commercial speech would you expect to be held to be constitutional under the Central Hudson Gas & Electric test?

Federal Trade Commission rules restricting misleading advertising

A request for admissions means parties agree to accept certain facts as true and not require them to be proven in court.

True

Katzenbach v. McClung involved a restaurant that served food to black customers only at take-out windows. White customers would be seated. The Supreme Court held that the:

a. Necessary and Proper Clause does not extend to businesses that are entirely local b. business was not in violation of the Fourteenth Amendment because it was purely local c. business could be regulated by the federal government under the Tenth Amendment d. none of the other choices e. amount of commerce involved was so trivial that Congress had no power to regulate it Answer D

States may pass regulations that:

are stricter than federal regulations

In addition to raising revenue to pay for government services, taxes:

can deter certain behaviors

Sworn testimony, outside of the courtroom, of a witness recorded by a court official is a:

deposition

In Southern Pacific Co. v. Arizona, concerning whether Arizona could, for safety considerations, require trains traveling through the state be a shorter length than trains traveling through other states. The Supreme Court held the Arizona law was:

invalid because it impeded interstate commerce

The Klan Motel is one of twenty motels in town but the only one that refuses to rent rooms to non-whites. Congress holds that motels may not discriminate on the basis of race. The Klan Motel challenges the regulation as it applies to that motel. The owner will:

lose; Congress may regulate such local businesses

Congress passes a law that employers must give employees up to 12 weeks unpaid leave to attend to family matters. The Virginia legislature decides that this in not enough and passes a law that requires employers in Virginia to provide 16 weeks unpaid leave. This law is likely:

none of the other choices

Ohio Phone, a regulated company, sends a flyer to customers with their monthly bill. One flyer tells customers that the Ohio Phone Comm. does not let the company charge fair prices and that the quality of phone service will fall. The Commission orders the company to stop sending mailings that discuss these issues, since the customers are forced to pay for the mailings as a part of their service. The Supreme Court is likely to say that such mailings:

none of the other choices

Res judicata means:

none of the other choices

An adversary system of justice is one in which:

none of the other choices are correct

____ is the most widely recognized form of Alternative Dispute Resolution.

none of the other choices are correct

Damages intended to give injured parties enough money to restore them to the economic position they were in before the injury are known as:

none of the other specific choices are correct

Voir dire is:

the process used to select jury members

It would be ____ for a state to impose a tax that provided a direct commercial advantage to local business.

unconstitutional