UNL BLAW Exam 2

The U.S. Constitution was ratified and became effective in:

1789

A(n) ___ is an authority of the government, other than a legislature or a court, created to administer a particular law.

? (NOT legislative agency)

Administrative agencies are often created by Congress because:

? (NOT they can consider technical details more effectively...)

Wickard v. Filburn concerned the ability of Congress to impose controls on wheat growing, including a small farm that produced a small amount of wheat for use on the farm. This case shows how ___:

Congress can regulate almost any form of commerce, even if the impact on interstate commerce is tiny.

The First Amendment limits:

Congress from making certain laws restricting freedom of speech

Regulatory agencies engage in rule-making. This authority comes primarily from:

Congress, under the commerce and necessary and proper clauses

The strongest claims of violations of protection involve discrimination based on:

Race or sex

T or F: Equal protection means that the government must treat similarly situated individuals in a similar manner.

True

T or F: False imprisonment occurs when a person restrains another intentionally and without justification.

True

In a tort of negligence, causation is:

a basic element linking one party's act and another's injury

a tort is:

a civil wrong not a breach of contract

The Federal Aviation Administration uses notice-and-comment rule-making. The final rule in such a proceeding is sometimes referred to as:

a legislative rule

Toni files a suit against Universal Media Corporation for defamation. Actual malice must be shown for recovery of damages if Toni is:

a public figure

Leon files a suite against Moira, a medical doctor, alleging negligence. As a physician, Moira is held to the standard of

a reasonable physician

The functions of the Social Security Administration, like those of other administrative agencies, include

adjudication

The primary tool for local, state, and federal governments use to perform regulatory functions is the:

administrative agency

Substantive (legislative) rules issued by agencies are:

administrative statutes with the same force and effect of law as statutes passed by Congress.

Assumption of risk is a(n) ___ defense.

affirmative

Congress grants to an agency the power to perform regulatory functions. A statute delegating power to an agency is called:

an enabling statute

Administrative agencies are generally created by:

an enabling statute of Congress

You purchase 150 acres of property in the oRegon mountains that is zoned for construction on pieces of land more than 40 acres in size. Before you build a home, the ORegon legislature passes the Preservation Act, which prohibits construction. Your land is nearly worthless now and you sue. Your basis for a suit against Oregon is:

an unconstitutional uncompensated government taking

Savers Mart, Inc. distributes its merchandise to retail outlets on an interstate basis. Under the commerce clause, Congress has the power to regulate:

any commercial activity in the United States

Defenses to a negligent act include:

assumption of the risk

The doctrine of ___ permits damages to be decreased by the percentage of plaintiffs' injuries caused by plaintiff's negligence.

comparative advantage

Adult Shoppe in Beach City sells a variety of publications, including child pornography. Beach City enacts an ordinance prohibiting the sale of such materials. This ordinance is most likely:

constitutional under the First Amendment.

Dian, a clerk at an Entertainment Unlimited store, takes a DVD player from the store without permission. Dian is liable for

conversion

A legislative delegation:

delegates to an agency the power to perform its regulatory purpose

The Fourteenth Amendment concerns the:

equal rights

Drake pushes Evon into the path of an oncoming car driven by Flip. Gina tries to rescue Evon. Drake is liable for any injuries to:

evon, flip, and gina

Kai files a suit against Lana based on one of Lana's statements that Kai alleges is fraudulent. To give rise to fraud, the statement must be one of

fact

T or F: An assumption of risk defense does not require that a risk be voluntarily assumed.

false

T or F: Because the Constitution does not specify a right to privacy, this right is denied to people.

false

T or F: Final administrative rules do not have binding effect unless the courts later declare them to be binding.

false

T or F: If a business firm refuses to comply with an agency's request to inspect facilities or business records, the agency must defer to the refusal.

false

T or F: In most instances, an agency is not required to obtain a search warrant before a physical search for evidence is conducted.

false

T or F: The First Amendment protects obscene speech.

false

T or F: The federal government cannot regulate commerce within a state, regardless of the effect of the commerce on other states.

false

T or F: To avoid liability for negligence, a business owner must protect its patrons against all risks.

false

T or F: Under the doctrine of strict liability, liability is imposed strictly according to fault.

false

The commerce clause of the U.S. Constitution:

gives Congress power to regulate business

Cook's Pantry Appliances, a retail store, must use reasonable care on its premises to warn its patrons of

hidden risks

Ike pushes Joan, who falls and breaks her arm. Ike is liable for the injury

if Ike intended to push Joan.

The 16th Amendment to the U.S. Constitution gives the federal government the power to:

impose income taxes

The Fourteenth Amendment:

incorporates protections from the Bill of Rights and applies the to state governments

As held by Chief Justice Marshall in Gibbons v. Ogden, commerce among the states means:

interstate commerce

The proximate cause of an injury is the ___ cause of the injury.

legal

Congress gives an agency power and authority through a(n):

legislative delegation

The Klan Motel refuses to rent rooms to non-whites. They challenge the regulations. The owner will:

lose; Congress may regulate such business

The necessary and proper clause allows Congress to:

make all laws necessary and proper to carry out its constitutional powers

Under the Constitution, Congress

makes the laws

Liz trespasses on Mega Corporation's property. Through the use of reasonable force, Mega's security guard Ned detains Liz until the police arrive. Mega is liable for

none of these choices

Ordinary care or due care is a standard of care that law presumes:

ordinary care or due care

The U.S. Constitution is composed of:

preamble and seven articles

Administrative rules are classified as substantive (legislative), interpretive, and:

procedural

Marie claims that a Nebraska state statute infringes on her "procedural due process" rights. The claim focuses on:

procedures used in making decisions to take life, liberty or property.

The Fourth Amendment of the Constitution:

protects people from unreasonable searches and seizures by the government. both a and b

A major purpose of tort law is to:

provide compensation for injured parties by wrongdoers

The Fourteenth Amendment protects due process rights and:

provides for equal protection

Bette backs out of City Parking Garage, colliding with Dill's car. Dill may recover $7500 to cover the cost of the repairs if Bette failed to act as

reasonable person

The Internal Revenue Service (IRS) wants to seize certain documents of Monetary Propriety, Inc. Whether it is permissible for the IRS to request or seize the documents depends on whether the documents are

relevant

Congress enacts a law prohibiting toys make in China from being sold in the United States. The Hawaii state legislature enacts a law allowing the sale of Chinese-made toys. Hawaii's law will most likely be

rendered invalid under the supremacy clause.

If causal connection between a person's act and the resulting harm to another is broken by an intervening act or event, the act or event is called:

superseding cause

Proximate cause limits liability to harms:

that bear a reasonable relationship to the defendant's negligent conduct

The first ten amendments of the U.S. Constitution are called:

the Bill of Rights

To notify the public of a proposed rule, the Food Safety and Inspection Service, like other federal agencies, publishes the proposal in:

the Federal Register

Congress leaves it to the Bureau of Prisons to oversee the promulgation of detailed regulations in areas under the agency's jurisdiction. This is:

the delegation of legislative powers

After notice-and-comment rule-making, the U.S. Bureau of Land Management (BLM) issues a new rule and applies it to Clearcut Timber Company. Clearcut appeals the application to a federal court. The court will most likely defer to the BLM's interpretation of:

the facts and the law.

Jaqy distributes a handbill among her neighbors accusing one of them - Ked - of being a convicted sex offender. The statement is defamatory only if:

the statement is false

The term res ipsa loquitur means:

the thing speaks for itself

Which is not a necessary element of negligence?

the wrongdoer's actions were motivated by malice

T or F: A state law that places a significant burden on religion is unconstitutional.

true

T or F: If no harm results from an allegedly negligent act, there is no liability.

true

T or F: Punitive damages are intended to punish a wrongdoer and deter others.

true

T or F: The First Amendment protects symbolic speech.

true

T or F: The checks and balances in the U.S. Constitution prevent any one branch of government from exercising too much power.

true

T or F: The doctrine of negligence per se applies if an event causing harm does not normally occur in the absence of negligence.

true

T or F: The purpose of tort law is to provide remedies when various protected interests have been invaded.

true

T or F: The state governments retain all powers not specifically delegated to the federal government.

true

T or F: Under the Constitution, the states retain all powers not specifically delegated to the federal government.

true

Negligence torts are based on the idea that:

we have a duty to conduct ourselves in all situations so as not to create an unreasonable risk of harm or injury to others