B-law Chapters 1-4

How many circuits are the federal appeals courts divided into?

12, including the D.C. circuit

What situation would NOT be regulated by the federal government under the Commerce Clause?

A state requiring lawyers practicing in the state to be licensed

Which of the following is a correct statement of federal preemption of state law under the Supremacy Clause?

A state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field. A state law that requires documentation of citizenship is preempted by the National Voter Registration Act because the act only requires a statement under oath.

Which of the following are required for a diversity of citizenship case?

An amount in controversy over $75,000 Parties that are citizens of different states

What does the Free Exercise Clause require?

Any government employment restrictions related to religion must satisfy two requirements.

Which of the following citations indicates that the citation is referencing state statutory law?

Cal. Penal Code § 11164(a) (West 2020) Ark. Code Ann. § 6-17-2401 (2020)

What is true of corporate political speech?

Corporate political speech is protected by the First Amendment. Political donations are protected by the First Amendment as types of corporate political speech.

What is preemption in the Supremacy Clause?

Federal law is supreme over state law.

Which of the following is a true statement of the powers of a branch of the federal government?

The power to enact laws is vested in the legislative branch.

You are the manager of a sandwich shop called Buns-R-Us, which has twelve employees. The corporate office has a very robust ethical code of conduct for employee behavior and has trained each employee on it. On a personal level, you disagree with some of the rules. And, because you are the manager, you choose not to follow them. When your employees see that you, as the manager, do not follow the rules, what's the likely consequence?

They will likely not follow the rules either.

The ethical model that focuses on the outcome of a decision, as opposed to the motives behind the decision, is:

Utilitarianism

In what situations does federal law preempt state law?

When Congress passes a law and creates an agency to enforce that law When Congress passes very detailed laws

A court has personal jurisdiction over a party in which of the following circumstances?

When the party's property at issue in the case exists within the geographic boundaries of the authority of the court When a party brings a case in its court

What does substantive due process require?

a compelling governmental interest if a fundamental right is involved a legitimate governmental purpose if a non-fundamental right is involved

Federal question cases are those that involve

a federal statute. the U.S. Constitution. a federal treaty

Which of the following types of jurisdiction relates to the power of a higher court to review the decision of a lower court?

appellate jurisdiction

When the parties in a dispute present their arguments and evidence to a neutral third party who then renders a decision, it is called:

arbitration.

The role of a mediator is to:

assist parties in a dispute in resolving their differences out of court.

In contrast to federal courts, state courts have what kind of jurisdiction?

broad

What do legal professionals use to analyze court decisions that are relevant to their clients' cases?

case briefing

The principle of stare decisis does which of the following?

creates predictability in the legal system

State statutory law is created by:

elected members of the state legislature

Which of the following are methods of preventing unethical behavior?

establishing a company code of ethics terminating an employee for unethical behavior

Which of the following activities is an example of corporate social responsibility?

establishment of a foundation that funds high school educational initiatives

What is the system of government called in which states form a union and share sovereign power with the central government of the union?

federalism

What does venue refer to?

geographic location of court

An arbitrator is different than a mediator because an arbitrator

has the authority to make a binding award.

You recently had an accident on the job. Some equipment fell on you causing a serious injury, and your medical bills alone are likely to be over $85,000. You claim an outside vendor who was working on the equipment that day created the problem that caused the injury, and you want to sue. You live and work in Texas, and the outside vendor is a resident of Oklahoma. Where do you think you should file the lawsuit?

in either federal or state court

What is the medium level of scrutiny, sometimes called heightened scrutiny, that a court will use when deciding a case that involves a quasi-suspect class?

intermediate scrutiny

If the U.S. Supreme Court determines that a state or federal law violates the U.S. Constitution, it may:

invalidate the law.

Which branch of government has the authority to enact law?

legislative

If a trial court judge is deciding an issue that has never come before the court (a case of first impression), they:

may create new precedent.

In ethics, compliance with the law is considered:

moral minimum

Ethics is the consideration of how one should act, based on which of the following concepts?

morality, or principles of right and wrong

What type of speech does not receive First Amendment protections?

obscenity threats to the president of the United States speech that incites lawlessness

Legal researchers will use which of the following tools to locate a court decision?

online legal research engines such as Lexis, Westlaw, or Bloomberg bound volumes of reported court decisions, organized by jurisdiction, date, and courts

A legal citation for a court decision is used by legal professionals to research the law, and includes:

party names, location of the published case, court, and date of decision.

How a hearing or court case is conducted is governed by:

procedural law.

What is the lowest level of review by a court to determine whether a government action unconstitutionally infringes on protected rights?

rational basis review

Substantive law governs a person's:

rights and responsibilities.

What are the three levels of scrutiny used by courts to determine the constitutionality of a government action?

strict scrutiny rational basis review intermediate scrutiny

Which of the following is the provision of the U.S. Constitution that establishes federal law precedence over state law?

the Supremacy Clause

Under the principle of rights, the term "rights" refers to:

the fundamental rights of human beings.

When making a decision using the stakeholder theory of management, a business professional would place more weight on which of the following?

the impact of its decisions on employees over the profitability of the business the harm to customers from using the company's product over profits

Which of the following represent two of the potential financial costs of reporting unethical behavior?

the loss of top performing employees penalties, fines, and lawsuits against the company

Historically, the common law developed from:

the unification of local customs and laws in feudal England.

The federal and most state judicial branches have at least these three levels in the court system:

trial court, intermediate appellate court, and highest appellate court.

A company exhibits responsible corporate citizenship when it:

uses its wealth and influence to benefit society as a whole.

Under which theory of ethics would a decision be ethical if it provides the greatest benefit for the largest number of individuals?

utilitarianism

Which of the following illustrates a financial or non-financial cost of unreported unethical behavior to a company?

Employee morale hit an all-time low when Scott, the line supervisor, ignored repeated instances of harassment by certain employees. Sweet Home Diner lost half of its business when the community became outraged with the owner for failing to stop the racist social media postings of the restaurant manager.

Which of the following are considerations of corporate social responsibility?

Environmental impact of a business Issues within the community where a business is located Ethical treatment of employees and suppliers

How does the Fifth Amendment apply to fundamental rights?

Fundamental rights are a determining factor in the analysis under substantive due process.

The belief that as humans we are all entitled to certain fundamental rights is a component of which school of thought?

Natural Law

What authority does the federal government have under the Commerce Clause?

To regulate commerce on the national and local levels To regulate international commerce

The abbreviation "U.S." in the legal citation Brown v. Board of Education, 347 U.S. 483 (1954) references the:

United States Reports.

Under the common law, which of the following is true?

In a case of first impression, a judge may use persuasive authorities rather than precedents.

Which of the following is an example of federal agency regulations that impact business operations?

Internal Revenue Service rules for business tax audits

A restriction on commercial speech will be valid if it meets three criteria. What are they?

It must seek to implement a substantial government interest. It must not be overly restrictive to meet its objectives. It must directly advance a government interest.

What does the First Amendment protect regarding religion?

It protects the exercise of religious practices. It protects a person's right to hold no religious beliefs.

In which of the following situations would ONLY state law apply?

Jim and John Brown want to form the Two Brothers Cleaning and Janitorial Company, Inc. and do business in Maryland.

Under which principle of ethics would a person consider whether his or her action is one that every other person should take?

Kant's categorical imperative

The idea that each person has intrinsic biases that impact their decisions is a component of which school of thought?

Legal Realist School of Law

What restrictions on business speech are allowed by the First Amendment?

Limitations on advertisements for alcohol Some advertising venues for tobacco

Which of the following are the TWO types of ADR that results in parties voluntarily signing a settlement agreement rather than proceeding to trial?

Mediation Negotiation

You live in Texas. During the COVID-19 pandemic, you decide to visit your cousins in New York City. The number of coronavirus cases in New York state is at an all-time low. The number of cases in Texas, however, is at an all-time high. To help control the spread of the disease in New York, the governor of New York issues an order requiring that all visitors from Texas quarantine for two weeks upon arrival in New York. This order will be in effect at the time of your planned trip. You had hoped to visit some of the sites of New York City and do not want to spend two weeks inside at your cousin's house. You believe the order of the governor violates your fundamental right to interstate travel. Does the order of the governor restricting travel violate your substantive due process rights?

No, it doesn't, because the interest of the government in controlling the spread of coronavirus and protecting the health of New Yorkers is a compelling state interest.

Federal courts have exclusive subject matter jurisdiction over which of the following?

Patent/trademark/copyright cases Bankruptcies

What business speech is protected by the First Amendment?

Some types of advertising

In the United States, who creates state statutory law?

State legislatures

You've decided to buy some rental property but know very little about the law regarding landlord-tenant relations. You head to the local law library to do a little research on the subject. The law librarian is extremely helpful, and with his help, you have lots of reading material about landlord-tenant law! You discover there are several kinds of law and that some laws are procedural and other laws are substantive. What do you think procedural law covers?

The methods of enforcing the rights established by substantive law.