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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.

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:

arbitration.

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

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

- 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. - A state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field.

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)

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

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

What is true of corporate political speech?

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

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

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

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

- intermediate scrutiny - strict scrutiny - rational basis review

What type of speech does not receive First Amendment protections?

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

In the United States, who creates federal statutory law?

Congress.

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

Internal Revenue Service rules for business tax audits

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

United States Reports.

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.

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 personam jurisdiction in the case.

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

case briefing

State statutory law is created by:

elected members of the state legislature.

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 federal district court because the suit involves a copyright issue.

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.

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.

Mary and Hanna, who are Tennessee residents, were traveling through Mississippi when they were involved in an automobile accident with Franco, who is a resident of Mississippi. Franco sues Mary, who was driving the car, in federal court in Mississippi and asks for $100,000 to reimburse him for his medical bills and lost wages. In deciding the case, what law will the federal district judge apply?

state law

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

the Supremacy Clause