BLAW 234 TEST 1 CH. 1-4, 34, 35

not considered to be wages under the Social Security Act

-reimbursed normal travel expenses of a salesperson -employee insurance premiums paid by the meployer

Which of the following is not true under the Family and Medical Leave Act? 1) An employee has a right to take a leave from work for the birth and care of her child for one month at half of her regular pay. 2) An employee has a right to take a leave from work for twelve workweeks to care for his/her seriously ill parent. 3) An employee, upon returning under the provisions of the Act, must get back the same or equivalent position in the company. 4) This Act does not cover all employees.

1) An employee has a right to take a leave from work for the birth and care of her child for one month at half of her regular pay.

Workers' Compensation Acts require an employer to 1) Provide coverage for all eligible employees. 2) Withhold employee contributions from the wages of eligible employees. 3) Pay an employee the difference between disability payments and full salary. 4) Contribute to a federal insurance fund.

1) Provide coverage for all eligible employees. Incorrect Response Workers' Compensation Acts require an employer to provide coverage for all eligible employees. Furthermore, the employer is required to cover the cost of injuries to employees, and no amount is deducted from the employees' wages. Therefore, answer (b) is incorrect. Answer (c) is incorrect because under workers' compensation, the disability benefit payments are usually a percentage of weekly earnings. The employer does not have to make up the difference between the benefit payments and the employee's salary. Answer (d) is incorrect because a business covered under workers' compensation laws may be self-insured but it must show proof of financial responsibility to carry this risk.

Generally, which of the following statements concerning workers' compensation laws is correct? 1) The amount of damages recoverable is based on comparative negligence. 2) Employers are strictly liable without regard to whether or not they are at fault. 3) Workers' compensation benefits are not available if the employee is negligent. 4) Workers' compensation awards are payable for life.

2) Employers are strictly liable without regard to whether or not they are at fault. Most workers' compensation laws provide that the employer is strictly liable to an employee without regard to negligence of the employer or employee. Therefore, answers (a) and (c) are incorrect. Answer (d) is incorrect because worker's compensation awards may or may not be payable for life.

Which of the following types of income is subject to taxation under the provisions of the Federal Insurance Contributions Act (FICA)? 1) Interest earned on municipal bonds. 2) Capital gains of $3,000. 3) Car received as a productivity award. 4) Dividends of $2,500.

3) Car received as a productivity award. Social security tax applies to wages, defined as all compensation for employment. Employment compensation does not have to be in the form of cash to be included in wages taxed under the Federal Insurance Contributions Act (FICA). Therefore, a car received as a productivity award is considered employment compensation subject to the social security tax and answers (a), (b), and (d) are incorrect, because these are not wages.

The Americans With Disabilities Act has as a purpose to give remedies for discrimination to individuals with disabilities. Which of the following is(are) true of this Act? I.It protects most individuals with disabilities working for companies but only if the companies do not need to incur any expenses to modify the work environment to accommodate the disability. II.It may require a company to modify work schedules to accommodate persons with disabilities. III.It may require a company to purchase equipment at company expense to accommodate persons with disabilities. 1) I only. 2) I and II only. 3) II and III only. 4) III only.

3) II and III only. The Americans With Disabilities Act requires most companies and entities to not discriminate against qualified individuals with disabilities who can perform the essential functions of the job either with or without reasonable accommodation, unless the company can show undue hardship. Reasonable accommodation may include purchasing new equipment, modifying facilities, or modifying work schedules.

Social security benefits may include all of the following except 1) Payments to divorced spouses. 2) Payments to disabled children. 3) Medicare payments. 4) Medicaid payments.

4) Medicaid payments. Social security benefits may include payments to spouses, including divorced spouses in some cases, and to children. It may also include medicare payments but not medicaid payments.

Which of the following employee benefits is(are) exempt from the provisions of the National Labor Relations Act? Sick pay ; Vacation pay 1) Yes - Yes 2) Yes - No 3) No - Yes 4) No - No

4) No - No Among other fringe benefits, sick pay and vacation pay are subjects for collective bargaining. Therefore, sick pay and vacation pay are not exempt from the provisions of the National Labor Relations Act.

The 1st Amendment protects Nancy and others from: a. dissemination of obscene materials and speech that harms their good reputations or violates state criminal laws b. dissemination of obscene materials only c. speech that harms their good reputations or violates state criminal laws only d. neither

a. dissemination of obscene materials and speech that harms their good reputations or violates state criminal laws

ABC Sales Company wins its suit against DEF products, Inc. After the entry of a judgement, an appeal may be filed by: a. ABC only b. DEF only c. either ABC or DEF d. neither ABC or DEF

c. either ABC or DEF

Ronny files a suit against Salazar. At the trial, after Ronny calls and questions Timor: a. Ronny calls his second witness b. Ronny questions Timor again c. Salazar calls her first witness d. Salazar questions Timor

d. Salazar questions Timor

Black Steel, Inc., is considering a suit against Copper Foundry. Important considerations include: a. alternatives to settling the dispute without going to court b. the cost of going to court c. the patience to follow a case through the judicial system d. all of the choices

d. all of the choices

Digital Corporation initiates a lawsuit against Electra Company. Digital's complaint should contain: a. a statement alleging jurisdictional facts b. a statement asking for a specific remedy c. a statement of facts entitling the complainant to relief d. all of the choices

d. all of the choices

Kim and Lou agree to dissolve their partnership but cannot agree on the division of assets and profits. They decide to mediate their dispute. The advantages of mediation include: a. lower cost than arbitration b. resolutions that benefit both sides c. the speed with which a dispute can be resolved, compared to arbitration d. all of the choices

d. all of the choices

Jon files a suit against Keyes, and loses, Jon appeals, and loses again. The US Supreme Court is: a. required to hear the case if Jon appeals again b. required to hear the case if Jon lost in a federal court c. required to hear the case if Jon lost in a state court d. not required to hear the case

d. not required to hear the case

In a suit between Delta Fishing Company and Rivermouth Trawlers, Inc., the court applies the doctrine of stare decisis. This requires the court to find cases that, compared to the case before it, has: a. entirely different facts b. no facts, only conclusions of law c. precisely identical facts d. similar facts

d. similar facts

Syl Corp. does not withhold FICA taxes from its employees' compensation. Syl voluntarily pays the entire FICA tax for its share and the amounts that it could have withheld from the employees. The employees' share of FICA taxes paid by Syl to the IRS is 1) Deductible by Syl as additional compensation that is includible in the employees' taxable income. 2) Not deductible by Syl because it does not meet the deductibility requirement as an ordinary and necessary business expense. 3) A nontaxable gift to each employee, provided that the amount is less than $1,000 annually to each employee. 4) Subject to prescribed penalties imposed on Syl for its failure to withhold required payroll taxes.

1) Deductible by Syl as additional compensation that is includible in the employees' taxable income. Answer (a) is best since the nondeduction of the FICA tax and the payment of it by the employer effectively raises the income of the employee. Answer (d) is not correct because although the employer is required to withhold tax on wages and is liable for payment of such tax whether or not it is collected, the employer's liability can be relieved after showing the employee's related income tax liability has been paid. Therefore, since the employer has paid the taxes, the employer is not subject to penalty. Answer (c) is not correct since no mention is made of a gift. Answer (b) is not correct since no reference is made to wages not being an ordinary and necessary business expense.

An unemployed CPA generally would receive unemployment compensation benefits if the CPA 1) Was fired as a result of the employer's business reversals. 2) Refused to accept a job as an accountant while receiving extended benefits. 3) Was fired for embezzling from a client. 4) Left work voluntarily without good cause.

1) Was fired as a result of the employer's business reversals. Unemployment compensation is intended for workers who lose jobs through no fault of their own and cannot find replacement work. Answer (a) is correct because a CPA fired as a result of the employer's business reversals is entitled to receive unemployment compensation. Answer (b) is incorrect because an accountant who refuses to accept replacement work offered him/her would not receive unemployment compensation. Answers (c) and (d) are incorrect because unemployment compensation is not intended for an employee whose actions led to his/her loss of a job.

Which of the following claims is(are) generally covered under workers' compensation statutes? Occupational disease ; Employment aggravated preexisting disease 1) Yes - Yes 2) Yes - No 3) No - Yes 4) No - No

1) Yes - Yes Both occupational disease and employment aggravated preexisting disease are covered by the statutes in that all consequences of an injury on the job, regardless of whether such injury was actually caused by an accident, are deemed to be "accidental" injuries resulting from employment. If any conditions in the workplace could have possibly contributed to or aggravated consequences, the doctrine of strict employer liability applies.

Under the Employee Retirement Income Security Act of 1974 (ERISA), which of the following areas of private employer pension plans is(are) regulated? Employee vesting ; Plan funding 1) Yes - Yes 2) Yes - No 3) No - Yes 4) No - No

1) Yes - Yes If a pension plan is established, employee contributions to the pension plan vest immediately. In addition, standards on investment of funds are set up to avoid mismanagement.

Under the provisions of the Americans With Disabilities Act of 1990, in which of the following areas is a disabled person protected from discrimination? Public transportation : Privately operated public accommodations 1) Yes - Yes 2) Yes - No 3) No - Yes 4) No - No

1) Yes - Yes The Americans With Disabilities Act of 1990 prohibits all businesses with fifteen employees or more from considering a person's handicap when making a hiring decision. Also, the act requires businesses to make special accommodations available to handicapped employees and customers, unless the cost is too burdensome. Therefore, answer (a) is correct as the act covers both public transportation and privately operated public accommodations.

Which of the following Acts prohibit(s) an employer from discriminating among employees based on sex? Equal Pay Act ; Title VII of the Civil Rights Act 1) Yes - Yes 2) Yes - No 3) No - Yes 4) No- No

1) Yes - Yes Under the Equal Pay Act, employers cannot pay some employees less money than that paid to employees of the opposite sex when equal work is performed. Under Title VII of the Civil Rights Act, employers cannot discriminate against a prospective employee on the basis of race, color, national origin, religion, or sex.

Under the Federal Insurance Contributions Act (FICA), which of the following acts will cause an employer to be liable for penalties? Failure to supply taxpayer identification numbers : Failure to make timely FICA deposits 1) Yes - Yes 2) Yes - No 3) No - Yes 4) No - No

1) Yes - Yes Both a failure to supply taxpayer identification numbers and a failure to make timely FICA deposits would be violations of the Act. As all employees are required to participate in Social Security, their identification numbers must be supplied in order to track employment and cumulative FICA tax paid to the government. The Act also explicitly states that an employer's failure to collect and deposit taxes in a timely manner subjects him/her to penalties and interest.

Under the Fair Labor Standards Act, which of the following pay bases may be used to pay covered, nonexempt employees who earn, on average, the minimum hourly wage? Hourly ; Weekly ; Monthly 1) Yes - Yes - Yes 2) Yes - Yes - No 3) Yes - No - Yes 4) No - Yes - Yes

1) Yes - Yes - Yes The Fair Labor Standards Act allows employees to be paid on a piecework basis or salary. Workers must receive at least the equivalent of the minimum hourly rate, but the basis on which the workers are paid can be hourly, weekly, or monthly.

Under the Fair Labor Standards Act, if a covered, nonexempt employee works consecutive weeks of forty-five, forty-two, thirty-eight, and thirty-three hours, how many hours of overtime must be paid to the employee? 1) 0 2) 7 3) 18 4) 20

2) 7 The Fair Labor Standards Act requires overtime pay to be paid when hours worked in any given week exceed forty hours. Therefore, the additional five hours and two hours worked in the first two weeks constitute overtime.

Taxes payable under the Federal Unemployment Tax Act (FUTA) are 1) Calculated as a fixed percentage of all compensation paid to an employee. 2) Deductible by the employer as a business expense for federal income tax purposes. 3) Payable by employers for all employees. 4) Withheld from the wages of all covered employees.

2) Deductible by the employer as a business expense for federal income tax purposes. Taxes payable under the Federal Unemployment Tax Act (FUTA) are used to provide unemployment compensation benefits to workers who lose jobs and cannot find replacement work. These taxes paid are deductible by the employer as a business expense for federal income tax purposes. Therefore, answer (b) is correct. Answer (c) is incorrect because only those employers who paid wages of $1,500 or more during any calendar quarter or who employed at least one employee for at least one day a week for twenty weeks must pay FUTA taxes. Answer (d) is incorrect because it is the employer, not the employee, who pays the taxes. Answer (a) is incorrect because the taxes payable under the FUTA are calculated as a fixed percentage of only the first $6,000 of wages of each employee.

Which of the following forms of income, if in excess of the annual exempt amount, will cause a reduction in a retired person's social security benefits? 1) Annual proceeds from an annuity. 2) Director's fees. 3) Pension payments. 4) Closely held corporation stock dividends.

2) Director's fees. Earned income in excess of the annual limitation will cause a reduction in a retired person's social security benefits. Answer (b) is therefore correct, since "director's fees" are considered earned income. Answers (a), (c), and (d) are incorrect because proceeds from an annuity, pension payments, and stock dividends are not considered earned income.

Under the provisions of the Employee Retirement Income Security Act of 1974 (ERISA), which of the following statements is correct? 1) Employees are entitled to have an employer established pension plan. 2) Employers are prevented from unduly delaying an employee's participation in a pension plan. 3) Employers are prevented from managing retirement plans. 4) Employees are entitled to make investment decisions.

2) Employers are prevented from unduly delaying an employee's participation in a pension plan. The Employee Retirement Income Security Act of 1974 (ERISA) does not require an employer to establish a pension plan. Therefore, answer (a) is incorrect. If the employer does set up a plan, it must meet certain standards. These standards prevent employers from unduly delaying an employee's participation in a pension plan. Therefore, answer (b) is correct. Standards are also set up for the investment of funds to avoid mismanagement. However, employers are able to manage the retirement plans. Therefore, answer (c) is incorrect. Answer (d) is incorrect because ERISA provisions do not require that the employees make the investment decisions. This is a function of the particular company's plan.

Workers' compensation laws provide for all of the following benefits except 1) Burial expenses. 2) Full pay during disability. 3) The cost of prosthetic devices. 4) Monthly payments to surviving dependent children.

2) Full pay during disability. The following are some examples of workers' compensation benefits: burial expenses, the cost of prosthetic devices, monthly payments to surviving dependent children, and partial wage continuation during disability.

Under the Americans with Disabilities Act, which is(are) true? I.The Act requires that companies with at least ten employees set up a specified plan to hire people with disabilities. II.The Act requires companies to make reasonable accommodations for disabled persons unless this results in undue hardship on the operations of the company. 1) I only. 2) II only. 3) Both I and II. 4) Neither I nor II.

2) II only. The Americans with Disabilities Act provides the disabled with better access to employment, public accommodations, and transportation. The Act requires companies to make reasonable accommodations for the disabled unless this would cause undue hardship for the business. The Act does not require companies to set up a hiring plan.

After serving as an active director of Lee Corp. for twenty years, Ryan was appointed an honorary director with the obligation to attend directors' meetings with no voting power. In 2001, Ryan received an honorary director's fee of $5,000. This fee is 1) Reportable by Lee as employee compensation subject to social security tax. 2) Reportable by Ryan as self-employment income subject to social security self-employment tax. 3) Taxable as "other income" by Ryan, not subject to any social security tax. 4) Considered to be a gift not subject to social security self-employment or income tax.

2) Reportable by Ryan as self-employment income subject to social security self-employment tax. Directors' fees are generally treated as self-employment income and thus are subject to social security self-employment tax.

Which of the following company policies would violate the Age Discrimination in Employment Act? 1) The company will not hire any accountant below twenty-five years of age. 2) The office staff must retire at age sixty-five or younger. Incorrect Response 3) Both of the above. 4) None of the above.

2) The office staff must retire at age sixty-five or younger. Incorrect Response The Age Discrimination in Employment Act generally prohibits mandatory retirement under age seventy. Answers (a) and (c) are incorrect because the Act generally applies to individuals over forty years old. Answer (d) is incorrect because forced retirement under the age of seventy is generally prohibited under the Act

Kroll, an employee of Acorn, Inc., was injured in the course of employment while operating a forklift manufactured and sold to Acorn by Trell Corp. The forklift was defectively designed by Trell. Under the state's mandatory workers' compensation statute, Kroll will be successful in Obtaining workers' compensation benefits : A negligence action against Acorn 1) Yes - Yes 2) Yes - No 3) No - Yes 4) No - No

2) Yes - No Under workers' compensation laws, any employee injured during the course of employment is entitled to workers' compensation benefits regardless of fault, as long as the injury is not self-inflicted, and not the result of a fight or intoxication. However, acceptance of benefits under workers' compensation laws precludes an employee from suing the employer for damages in a civil court.

Under which of the following conditions is an on-site inspection of a workplace by an investigator from the Occupational Safety and Health Administration (OSHA) permissible? 1) Only if OSHA obtains a search warrant after showing probable cause. 2) Only if the inspection is conducted after working hours. 3) At the request of employees. 4) After OSHA provides the employer with at least twenty-four hours notice of the prospective inspection.

3) At the request of employees. OSHA investigates complaints and makes inspections of the workplace. Employers can require that OSHA obtain a search warrant in most cases to conduct the search. Probable cause is needed to obtain a search warrant and complaints by employees can provide the needed probable cause. Answer (a) is incorrect because the employer can allow the search or give permission, in which cases, search warrants are not needed. Answer (b) is incorrect because inspections can be made during working hours. In fact, this may be the only or most effective time to conduct the inspection. Answer (d) is incorrect because there is no requirement that OSHA give the employers advance notice of the inspections. Such a requirement would make many inspections less effective.

The Family Medical Leave Act provides for I. Unpaid leave for the employee to care for a newborn baby. II. Unpaid leave for the employee to care for the serious health problem of his or her parent. III. Paid leave for the employee to care for a serious health problem of his or her spouse. 1) I only. 2) II only. 3) I and II but not III. 4) III but not I or II.

3) I and II but not III.

Under the Age Discrimination in Employment Act, which of the following remedies is(are) available to a covered employee? Early Retirement ; Back pay 1) Yes - Yes 2) Yes - No 3) No - Yes 4) No - No

3) No - Yes The Age Discrimination in Employment Act does not specifically use the term "back pay" but the Act provides equitable relief as deemed appropriate and otherwise authorizes back pay. The Act does provide for employment reinstatement or promotion, but does not provide for early retirement.

Under the Federal Consolidated Budget Reconciliation Act of 1985 (COBRA), when an employee voluntarily resigns from a job, the former employee's group health insurance coverage that was in effect during the period of employment with the company 1) Automatically ceases for the former employee and spouse, if the resignation occurred before normal retirement age. 2) Automatically ceases for the former employee's spouse, but continues for the former employee for an eighteen-month period at the former employer's expense. 3) May be retained by the former employee at the former employee's expense for at least eighteen months after leaving the company, but must be terminated for the former employee's spouse. 4) May be retained for the former employee and spouse at the former employee's expense for at least eighteen months after leaving the company.

4) May be retained for the former employee and spouse at the former employee's expense for at least eighteen months after leaving the company. Under the Federal Consolidated Budget Reconciliation Act of 1985 (COBRA), a former employee may retain group health coverage under the employer for him/herself and his/her spouse at the former employee's expense for at least eighteen months after leaving the company. Answer (a) is incorrect because the former employee and spouse may retain the coverage for at least eighteen months. Answers (b) and (c) are incorrect because not only the former employee but also the spouse may retain the coverage for eighteen months at the former employee's expense.

Which of the following payments are deducted from an employee's salary? Unemployment compensation insurance : Worker's compensation insurance 1) Yes - Yes 2) Yes - No 3) No - Yes 4) No - No

4) No - No Unemployment insurance tax must be paid by the employer if the employer employs one or more persons covered by the act. Payments for unemployment insurance are not deducted from employees' salaries. Workers' compensation is a form of strict liability whereby the employer is liable to the employee for injuries or diseases sustained by the employee which arise out of and in the course of employment. The insurance is paid by the employer and the cost is passed on as an expense of doing business. Thus, worker's compensation insurance also is not paid by the employee.

Which of the following parties generally is ineligible to collect workers' compensation benefits? 1) Minors. 2) Truck drivers. 3) Union employees. 4) Temporary office workers.

4) Temporary office workers. Workers' compensation benefits arise out of a type of strict liability whereby employers are liable for injuries or diseases sustained by employees which arise from the scope of the employment. Temporary office workers are usually either independent contractors or are employees of a separate employment agency. Answer (a) is incorrect because the employment laws are especially meant to protect minors. Answer (b) is incorrect because truck drivers are not exempted. Answer (c) is incorrect because union affiliation does not create an exemption.

Which of the following provisions is basic to all workers' compensation systems? 1) The injured employee must prove the employer's negligence. 2) The employer may invoke the traditional defense of contributory negligence. 3) The employer's liability may be ameliorated by a coemployee's negligence under the fellow-servant rule. 4) The injured employee is allowed to recover on strict liability theory.

4) The injured employee is allowed to recover on strict liability theory. Workers' compensation is a form of strict liability in which an employer is liable to employees for injuries or diseases sustained in the course of employment, without regard to fault. Answer (a) is incorrect because the injured employee is not required to establish employer negligence to recover a workers' compensation action. Answer (b) is incorrect because contributory negligence of the employee is not a valid defense in workers' compensation cases. The workers' compensation act removes the employer's common law defense of negligence of a fellow employee, therefore answer (c) is incorrect.

Centre Hotels Corporation was incorporated in Delaware, has its main office in New Jersey, and does business in New York. Centre is subject to the jurisdiction of: a. Delaware, New Jersey, and New York b. Delaware or New Jersey only c. Delaware or New York only d. New Jersey or New York only

a. Delaware, New Jersey, and New York

Jasmine and Kendric are involved in an automobile accident. Lyle is a passenger in Kendrics car. Jasmine wants to ask Lyle, as a witness, some questions concerning the accident. Lyle's answers to the questions are given in: a. a deposition b. a response to interrogatories c. a response to a judges request at a pretrial conference d. none of the choices

a. a deposition

Fast Food Company files a suit against Giant Serving Corporation. Before the trial, Fast Food can obtain from Giant serving: a. access to related documents in Giant servings possession b. accurate information about Giant Serving's trade secrets c. an admission of the truth of matters not related to the trial d. all of the choices

a. access to related documents in Giant servings possession

In a suit between Retail Sales Company and Shoppers Mall, Inc., the court orders a rescission. This is: a. an action to cancel a contract and return the parties to the positions they held before the contract was made b. an award of damages c. an order to do or refrain from doing a particular act d. an order to perform what was promised

a. an action to cancel a contract and return the parties to the positions they held before the contract was made

A Nevada statute bans business entities from making political contributions that individuals can make. A court would likely hold this statute to be: a. an unconstitutional restriction of speech b. constitutional under the 1st amendment c. justified by the need to protect individual's rights d. necessary to protect state interest

a. an unconstitutional restriction of speech

Tristate Business Corporation markets is products in 3 states. Under the commerce clause, congress can regulate: a. any commercial activity in the US b. only commercial activities that are in interstate commerce c. only commercial activities that are local d. only activities that have nothing to do with commerce

a. any commercial activity in the US

Rapido Manufacturing, Inc., loses its suit against Slowdown Products, Inc., and files an appeal. The appellate court is most likely to review the trial courts: a. application of the law b. consideration of the credibility of the evidence. c. findings of fact d. interpretation of the conduct of the witnesses

a. application of the law

Southeast Shipping Company challenges an Alabama statute, claiming that it unlawfully interferes with interstate commerce. A court will likely: a. balance Alabamas interest in regulating the matter against the burden on interstate commerce b. balance the burden on Alabama against the merit and purpose of the interstate commerce c. strike the statute d. uphold the statute

a. balance Alabamas interest in regulating the matter against the burden on interstate commerce

Matrix Corporation, which is based in Texas, advertises on the web. A court in Illinois would be most likely to exercise jurisdiction over Matrix if the firm: a. conducted substantial business with Illinois residents at its site b. interacted with any Illinois resident through its web site c. only advertised passively at its web site d. all of the choices

a. conducted substantial business with Illinois residents at its site

Civil law concerns: a. disputes between persons, and between persons and their government b. only laws that define, describe, regulate and create rights and duties c. only laws that establish methods for enforcing rights d. wrongs committed against society for which society demands redress

a. disputes between persons, and between persons and their government

A Harbor City ordinance restricts most vendors from doing business in a heavily trafficked area. This might be upheld under constitutional provisions covering: a. equal protection b. procedural dur process c. substantive due process d. the right to privacy

a. equal protection

Levonne sues Mica in a state trial court. Levonne loses the suit. If Levonne wants to appeal, the most appropriate court in which to file the appeal is: a. the state appellate court b. the nearest federal district court c. the nearest federal court of appeals d. the US Supreme Court

a. the state appellate court

Case law includes interpretations of federal and state: a. administrative rules and statutes only b. administrative rules, statutes, and constitutions c. constitutions only d. none

b. administrative rules, statutes, and constitutions

An Ohio state bans certain advertising to prevent consumers from being misled. A court would likely hold this statute to be: a. an unconstitutional restriction of speech b. constitutional under the 1st amendment c. justified by the need to protect individual's rights d. necessary to protect state interests

b. constitutional under the 1st amendment

In a suit between Best Products, Inc. and Central Sales Corporation, the court applies the doctrine of stare decisis. This means that the court follows rules of law established by: a. all courts b. courts of higher rank only c. courts of lower rank only d. no courts

b. courts of higher rank only

In a given case, most courts may grant: a. equitable or legal remedies, but not both b. equitable remedies, legal remedies, or both c. equitable remedies only d. legal remedies only

b. equitable remedies, legal remedies, or both

Procedures used in Oklahoma and other states in making decisions to take life, liberty, or property are the focus of constitutional provisions covering: a. equal protection b. procedural due process c. substantive due process d. the right to privacy

b. procedural due process

Michael is a judge. To reason by analogy, Michael compares the facts in one case to: a. an impartial third party's review b. the facts in another case c. the defendant's arguments d. the plaintiff's hypothetical

b. the facts in another case

Cris serves a complaint on Dru, who files a motion to dismiss. If the motion is denied: a. Cris will be given time to file an amended complaint b. Cris will have a judgement entered in her favor c. Dru will be given time to file another response d. Dru will have a judgment entered in his favor

c. Dru will be given time to file another response

The jury returns a verdict against Natural Reserve Corporation (NRC), in its suit against Overflow Waste, Inc. NRC can file a motion for: a. a directed verdict b. a judgement on the pleadings c. a new trial or for a judgement notwithstanding the verdict d. summary judgement

c. a new trial or for a judgement notwithstanding the verdict

A concurring opinion, written by one of the judges who decide a case before a multi-judge panel, is: a. an opinion that is written for the entire court b. an opinion that outlines only the views of the majority c. a separate opinion that agrees with the court's ruling but for different reasons d. a separate opinion that does not agree with court's ruling

c. a separate opinion that agrees with the court's ruling but for different reasons

The US Constitution takes precedence over: a. a provision in a state constitution or statute only b. a state supreme court decision only c. a state constitution, statute, and court decision d. none

c. a state constitution, statute, and court decision

Sean files a suit against Tifa. They meet and their attorneys present the case to a jury. The jury renders a non-binding verdict, after which the parties try to reach an agreement. This is: a. a mini trial b. arbitration c. a summary jury trial d. early neutral case evaluation

c. a summary jury trial

In Doug's suit against Evelyn, Evelyn may file a motion to dismiss: a. only if the court lacks jurisdiction b. only if the complaints does not state a claim for which relief can be granted c. if the court lacks jurisdiction or if the complaint does not state a claim for which relief can be granted d. under no circumstances

c. if the court lacks jurisdiction or if the complaint does not state a claim for which relief can be granted

Gulf Coast Realty Company, which is based in Florida, owns commercial property in Georgia. A dispute arises over the ownership of the property with Naomi, a resident of Alabama. Naomi files a suit against Gulf Coast Realty in Georgia. In this suit, Georgia has: a. diversity jurisdiction b. in personam jurisdiction c. in rem jurisdiction d. no jurisdiction

c. in rem jurisdiction

A Vermont statute that limits the liberty of all persons to engage in a certain activity may violate constitutional provisions covering: a. equal protection b. procedural dur process c. substantive due process d. the right to privacy

c. substantive due process

Gabriella files a suit against Huey. Before going to trial, the parties meet with their attorneys to represent them, to try to resolve the dispute without involving a third party. This is: a. arbitration b. litigation c. mediation d. negotiation

d. negotiation

Cobb and Roberts submit their dispute to binding arbitration. A court can set aside the arbitrator's award if: a. Cobb is not satisfied with the award b. Roberts is not satisfied with the award c. the award involves at least $75,000 d. the award violates public policy

d. the award violates public policy

If South Carolina enacts a statute that directly conflicts with a federal law: a. both laws are invalid b. both laws govern concurrently c. South Carolina's statute takes precedence d. the federal law takes precedence

d. the federal law takes precedence

Saf-T Packaging Inc. loses its suit against Medico Equipment Corporation. Saf-T's best ground for an appeal is the trial court's interpretation of: a. the conduct of the witnesses during the trial b. the credibility of the evidence that top presented c. the dealing between the parties before the suit d. the law that applied to the issues in the case

d. the law that applied to the issues in the case

Of the 3 branches of the federal government provided by the constitution, the branch that makes the laws is: a. the administrative branch b. the executive branch c. the judicial branch d. the legislative branch

d. the legislative branch

Tonya is a legal positivist. Tonya believes that: a. the law should be applied the same in all cases in all circumstances b. the law should reflect universal principles that are part of human nature c. the law should strictly follow decisions made in past cases d. the written law of a society at a particular time is most significant

d. the written law of a society at a particular time is most significant