LA245 MIDTERM
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 the EPA did not give notice of the rule change regarding glyphosate. The EPA enforces additional control over agencies.
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:
help deter Jen and others from committing similar bad behavior in the future.
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:
lose because the president has the power to appoint and remove officers of executive federal agencies Presidential Powers include: Appointment of Federal officers Make treaties Veto
The power to regulate interstate commerce is given jointly to Congress and the states under the U.S. Constitution.
False Under the Interstate Commerce Clause Congress ONLY congress may regulate interstate commerce
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, requiring people to wear a face mask during a pandemic is a valid exercise of the state's police power Because of the way that the federal government is set up as an independent sovereign entity to the states, the 10th amendment protects the states rights or "police powers" to regulate for the general welfare of each state and city.
For some time, the police have suspected Abbie of selling drugs out of her apartment, but the police have not been able to gather any concrete evidence with which to prosecute Abbie. One night, the police decide to try a knock-and-talk procedure, where the police just knock on Abbie's door and see if Abbie will allow them inside. Abbie refuses to give consent for the officers to enter after they knock, but the police officers push past Abbie anyway. Once the officers are in the apartment, the officers see drugs in plain sight, so the police seize the drugs and arrest Abbie for possession with intent to sell. At Abbie's trial, can the drugs be entered into evidence?
No, the drugs cannot be admitted into evidence at trial because they were illegally obtained The Fourth Amendment to the United States Constitution protects people from unreasonable searches and seizures
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. Some rights are so fundamental that the government may not take them away from us.
What is an example of an independent agency? - The Federal Bureau of Investigation. - The Federal Communications Commission. - The Internal Revenue Service. - All of these are correct.
The Federal Communications Commission.
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 be successful, because Fun Times Records wrongfully induced Reddick to break his contract with Way Out Records. Tortious interference with a contract exists if the plaintiff can establish that there was a contract between the plaintiff and a third party, the defendant knew of the contract, the defendant improperly induced the third party to breach the contract
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 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. Subject Matter: Does the court have the power to try this TYPE of case? Personal Jurisdiction: Does the court have the power to try this person? (ex long-arm statute)
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 surgeon would not have left a surgical instrument in her abdominal cavity. a surgeon's conduct is judged not by the reasonable person standard, but by the reasonable surgeon standard.
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:
the final order in the case unless the store appeals. When no party opposed the ALJ order then it becomes final order. However if the store appeals then the court order from that appeal will be final.
The primary source of federal power to regulate business is the - Commerce Clause. - Privilege and Immunities Clause. - Contract Clause. - Supremacy Clause.
Commerce Clause.
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 the federal district court because the suit involves a copyright issue Federal courts have exclusive jurisdiction to copyright infringements
