Business Law Test 1: Chapters 42, 1, 4, 5, 6
What type of speech does not receive First Amendment protections? Choose 3 answers. a. obscenity b. unpatriotic speech c. threats to the president of the United States d. speech that incites lawlessness
a. obscenity c. threats to the president of the United States d. speech that incites lawlessness
What is the role of an administrative law judge (ALJ)? a. An ALJ has no connection to the parties in the adjudication. b. An ALJ is an employee of the agency bringing the charges. c. An ALJ has the final say on the decision in the case. d. An ALJ is selected by mutual agreement of the agency and the business involved.
b. An ALJ is an employee of the agency bringing the charges.
What business speech is protected by the First Amendment? a. Some types of threatening speech b. Some types of advertising c. Some types of misleading speech d. Some types of defamatory speech
b. Some types of advertising
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: a. mediation. b. arbitration. c. negotiation. d. summary jury trial.
b. arbitration.
Real property is distinguished from personal property by its: a. size. b. lack of movability. c. ownership. d. value.
b. lack of movability.
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: a. lose because only Congress can remove officers of executive federal agencies and only for good cause. b. lose because the president has the power to appoint and remove officers of executive federal agencies. c. win because Congress is the entity with the authority to remove officers of executive federal agencies. d. win because the president can only remove officers of executive federal agencies for good cause.
b. lose because the president has the power to appoint and remove officers of executive federal agencies.
What situation would NOT be regulated by the federal government under the Commerce Clause? a. An individual seamstress who sells things online to customers around the country, but not outside of the U.S. b. International trade of a small business operating in only one state c. A local farmer selling goods at a shop that draws many customers from farmers' markets in a neighboring state d. A state requiring lawyers practicing in the state to be licensed
d. A state requiring lawyers practicing in the state to be licensed
The president signs an executive order declaring that any president may now run for three terms of office instead of two. How could his/her power be checked by the legislative branch? a. The legislature could declare his/her order unconstitutional. b. The legislature has no authority to check the power of the executive. c. The legislature could pass a law eliminating the executive branch. d. The legislature could impeach him/her.
d. The legislature could impeach him/her.
When a party wishes to excuse a potential juror without giving a reason, the party may exercise a: a. peremptory challenge. b. personal challenge. c. challenge for fitness. d. challenge for cause.
a. peremptory challenge.
After all pleadings are filed and discovery is completed, a party may ask the judge to rule in their favor on the basis that there are no genuinely disputed facts and the judge need only rule on the law. The motion asks the court for a: a. summary judgment. b. judgment as a matter of law. c. default judgment. d. judgment on the pleadings.
a. summary judgment.
The idea that each person has intrinsic biases that impact their decisions is a component of which school of thought? a. Positivist School b. Legal Realist School c. Historical School d. Natural Law
b. Legal Realist School
Who is authorized to enter into treaties under the Constitution? a. The Senate b. The president c. The Supreme Court d. The House of Representatives
b. The president
Informal rulemaking of administrative agencies differs from formal rulemaking in the following way: a. Formal rules can be challenged in court, while informal rules cannot. b. Formal rule making requires the publication of a proposed rule, while informal rule making does not. c. Formal rule making requires the holding of a hearing, but informal rule making does not. d. Formal rules require presidential approval, while informal rules do not.
c. Formal rule making requires the holding of a hearing, but informal rule making does not.
Federal courts have exclusive subject matter jurisdiction over which of the following? Choose 2 answer choices. a. Divorces b. Probate c. Patent/trademark/copyright cases d. Bankruptcies
c. Patent/trademark/copyright cases d. Bankruptcies
Which branch of government has the authority to enact law? a. administrative b. judicial c. legislative d. executive
c. legislative
Alejandro is the owner of Mex-To-Go, a popular food truck from which he serves his favorite Mexican foods. During the spring, he likes to park his food truck near the city's little league baseball field because of the heavy evening traffic. He leases a small plot of land next to these fields for the months of March, April, and May. Alejandro's lease is a: a. tenancy at will. b. tenancy at sufferance. c. periodic tenancy. d. tenancy for years.
d. tenancy for years.
Which of the following is the provision of the U.S. Constitution that establishes federal law precedence over state law? a. the Commerce Clause b. the Equal Protection Clause c. the Bill of Rights d. the Supremacy Clause
d. the Supremacy Clause
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: a. only a temporary order unless either party appeals. b. only a temporary order; there will always be a different final order. c. the final order in the case unless Rhea appeals. d. the final order in the case unless the store appeals.
d. the final order in the case unless the store appeals.
Real property consists of which of the following? Select 3 answers. a. buildings b. harvested crops c. land d. fixtures
a. buildings c. land d. fixtures
When a tenant is allowed to remain in possession of the residence after the expiration of a fixed-term tenancy by continuing to pay monthly rent, the tenancy has become a: a. periodic tenancy. b. tenancy for months. c. tenancy at will. d. tenancy at sufferance.
a. periodic tenancy.
Historically, the common law developed from: a. the unification of local customs and laws in feudal England. b. the emergence of courts of law and courts of equity in seventeenth century France. c. the movement from religious to secular law in 15th raised to the th power century Europe. d. the democratic creation of rules and laws in ancient Greece.
a. the unification of local customs and laws in feudal England.
Which of the following are common law requirements for transfer of title by adverse possession? Choose 3 answers. a. Possession must be continuous for 35 years. b. Possession must be open, visible, and not secret. c. Possession must be hostile, against the true owner's wishes. d. Possession must be actual and exclusive.
b. Possession must be open, visible, and not secret. c. Possession must be hostile, against the true owner's wishes. d. Possession must be actual and exclusive.
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? a. federal law b. state law c. U.S. Supreme Court case law d. either state law or federal law
b. state law
What is the system of government called in which states form a union and share sovereign power with the central government of the union? a. democracy b. bureaucracy c. federalism d. republicanism
c. federalism
Signing an 18-month lease on a two-bedroom townhouse with a monthly rent of $900 creates a: a. tenancy by the entirety. b. periodic tenancy. c. fixed-term tenancy. d. tenancy at will.
c. fixed-term tenancy.
A landlord's right in property that he has leased to a tenant is called a: a. life estate. b. fee simple estate. c. reversionary interest. d. leasehold interest.
c. reversionary interest.
What is true of corporate political speech? a. Corporate political speech is strongly restricted in a presidential election year. b. Corporate political speech is not protected by the First Amendment. c. Corporate political speech is more restricted than corporate commercial speech. d. Corporate political speech is protected by the First Amendment.
d. Corporate political speech is protected by the First Amendment.
Wyatt is arrested under a federal statute that makes using marijuana illegal. The state that Wyatt lives in allows recreational use of marijuana. Wyatt challenges the federal statute on the grounds that it is time for the law to change. Wyatt's argument is that recreational marijuana use is now legal in eleven states and medical marijuana use is legal in 34 states; therefore, it is time for the federal government to come into the 21st century and make the use of marijuana legal throughout the United States. Judge Sanderson is the district court judge hearing the case, and he rules that the law should not be overturned. Judge Sanderson is a proponent of the legal positivism school of legal thought. Therefore, Judge Sanderson believes that: a. judges should look to the past to determine what the principles of contemporary law should be. b. the law is only one factor to be considered when deciding cases, and social and economic circumstances should also be taken into account. c. people have natural rights; therefore, the standards imposed on a citizen from the state and federal government should be consistent. d. judges should defer to existing laws because there is no law higher than the laws created by a national government.
d. judges should defer to existing laws because there is no law higher than the laws created by a national government.
If an individual owns a piece of property and has the unlimited authority to use and sell the property, they: a. have a remainder interest. b. have a life estate. c. have a concurrent interest. d. own the property in fee simple absolute.
d. own the property in fee simple absolute.
Fixtures are: a. intellectual property. b. personal property. c. not property. d. real property.
d. real property.
In what situations does federal law preempt state law? Choose 2 answer choices. a. When the state law explicitly states it preempts other laws b. Federal law preempts state law in all cases c. When Congress passes a law and creates an agency to enforce that law d. When Congress passes very detailed laws
c. When Congress passes a law and creates an agency to enforce that law d. When Congress passes very detailed laws
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 th 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: a. subject matter jurisdiction, but not in personam jurisdiction, in the case. b. in personam jurisdiction, but not subject matter jurisdiction, in the case. c. both subject matter and in personam jurisdiction in the case. d. neither in personam jurisdiction nor subject matter jurisdiction in the case.
c. both subject matter and in personam jurisdiction in the case.
An arbitrator is different than a mediator because an arbitrator: a. hears both sides of a matter. b. is employed to help the parties avoid litigation. c. has the authority to make a binding award. d. is a third-party neutral.
c. has the authority to make a binding award.
What is the process of interviewing prospective jurors and either approving of or challenging a person's impartiality toward service on a particular jury? a. de jure b. in personam c. voir dire d. corpus juris
c. voir dire
If the U.S. Supreme Court determines that a state or federal law violates the U.S. Constitution, it may: a. invalidate the law. b. require the legislature to amend the law. c. interpret the law. d. modify the law.
a. invalidate the law.
What is the lowest level of review by a court to determine whether a government action unconstitutionally infringes on protected rights? a. rational basis review b. intermediate scrutiny c. legitimate interest review d. strict scrutiny
a. rational basis review
What are the three levels of scrutiny used by courts to determine the constitutionality of a government action? Choose 3 answers. a. rational basis review b. factual basis review c. strict scrutiny d. intermediate scrutiny
a. rational basis review c. strict scrutiny d. intermediate scrutiny
The belief that as humans we are all entitled to certain fundamental rights is a component of which school of thought? a. Positivist School b. Natural Law c. Legal Realism d. Historical School
b. Natural Law
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. a motion for summary judgment may be filed against her. b. a default judgment may be entered against her. c. a motion for judgment on the pleadings may be filed against her. d. a motion to dismiss may be filed against her.
b. a default judgment may be entered against her.
Which of the following are sources of administrative law? a. subpoenas b. agency rules/regulations c. agency guidance d. case precedents
b. agency rules/regulations
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? a. rational basis b. intermediate scrutiny c. strict scrutiny d. secondary level scrutiny
b. intermediate scrutiny
The judicial branch may limit an administrative agency's actions by which of the following? Choose 2 answers. a. a court's removal of an agency officer b. judicial review of the agency's orders on appeal c. a court's modification of the agency's authority d. judicial review of the agency's orders on appeal
b. judicial review of the agency's orders on appeal d. judicial review of the agency's orders on appeal
Which branch of government creates statutory law? a. administrative b. legislative c. judicial d. executive
b. legislative
Which of the following statements explains the formation and purpose of a federal administrative agency? Choose 2 answers. a. A federal administrative agency is given its authority in the U.S. Constitution. b. As part of the executive branch, a federal administrative agency is formed by the president to establish regulations that will implement and enforce the law. c. An administrative agency is formed by enabling legislation that also provides the authority to establish regulations that will implement and enforce the law. d. Most federal administrative agencies are subject to the authority of the president, but some are independent.
c. An administrative agency is formed by enabling legislation that also provides the authority to establish regulations that will implement and enforce the law. d. Most federal administrative agencies are subject to the authority of the president, but some are independent.
Which of the following lists the steps of a trial in the correct chronological order from beginning to end? a. Defendant's case, closing statements, verdict, jury instructions b. Defendant's case, Plaintiff's case, closing statements, jury instructions c. Jury selection, opening statements, plaintiff's case, defendant's case d. Opening statements, jury selection, plaintiff's case, closing statements
c. Jury selection, opening statements, plaintiff's case, defendant's case
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: a. in state court because both Fran and Zegrida live in the same state. b. in either federal district court or state court because both Fran and Zegrida live in the same state and the suit involves a copyright issue. c. in federal district court because the suit involves a copyright issue. d. in state court because the suit involves a copyright issue.
c. in federal district court because the suit involves a copyright issue.
If a trial court judge is deciding an issue that has never come before the court (a case of first impression), they: a. must decline to hear the matter. b. may ask an appellate court to decide the matter. c. may create new precedent. d. must wait until another judge creates precedent.
c. may create new precedent.
Elton is a state representative for the North Dakota legislature. Recently, Elton and his colleagues in the legislature proposed a law that would increase the penalty drivers would have to pay if they pass a stopped school bus. The type of law that Elton and his colleagues will enact is known as: a. an ordinance. b. administrative law. c. statutory law. d. common law.
c. statutory law.
Methods for transferring title to real estate include: a. by sale, through a will, by default, and through adverse possession. b. by sale, by gift, through a will, through bankruptcy, and through eminent domain. c. by sale, by gift, by theft, and through eminent domain. d. by sale, by gift, through a will, through adverse possession, and through eminent domain.
d. by sale, by gift, through a will, through adverse possession, and through eminent domain.
A restriction on commercial speech will be valid if it meets three criteria. What are they? Choose 3 answers. a. It must not be overly restrictive to meet its objectives. b. It must not be financially detrimental to a company. c. It must directly advance a government interest. d. It must seek to implement a substantial government interest.
a. It must not be overly restrictive to meet its objectives. c. It must directly advance a government interest. d. It must seek to implement a substantial government interest.
Substantive due process places which requirements on all governmental infringements of rights, whether those rights are fundamental or not? Choose 2 answer choices. a. Legislation must further a legitimate governmental objective. b. The government cannot infringe on any of the fundamental rights listed in the Bill of Rights. c. If the governmental action or law limits fundamental rights, the government must show an official and timely governmental interest to justify its action. d. Legislation must be fair and reasonable in content.
a. Legislation must further a legitimate governmental objective. d. Legislation must be fair and reasonable in content.
Which classification or scrutiny would be appropriate for a court to use to examine a state law regulating the price of milk. Choose 2 answer choices. a. Minimal Scrutiny b. Intermediate Scrutiny c. Rational Basis Test d. Strict Scrutiny
a. Minimal Scrutiny c. Rational Basis Test
What must a party do before appealing an agency action in the court system? Choose 2 answer choices. a. Must show direct harm. b. Must have some theoretical basis for the appeal. c. Must decide whether to sue in state or federal court. d. Must follow the agency appeal process.
a. Must show direct harm. d. Must follow the agency appeal process.
Roger has worked for an agency, the Federal Reserve, for ten years. Recently, Roger has heard rumors that multiple employees have contracted COVID-19, a highly contagious and potentially dangerous disease, although they have recovered completely. Nevertheless, Roger is still concerned about being around these people, so Roger asks his employer, the Federal Reserve, for a list of these employees. The Federal Reserve refuses, so Roger files a Freedom of Information Act (FOIA) request for the information. Under the FOIA, will the Federal Reserve provide Roger this list? a. No, because as a current employee of an agency, the Federal Reserve, Roger cannot file a FOIA request with the Federal Reserve. b. No, this information is confidential and personal. c. Yes, providing this information does not violate normal agency policies. d. Yes, Roger has a good reason for requesting this information.
b. No, this information is confidential and personal.
Which of the following does NOT qualify an object as a fixture? a. The object is intended by the owner to remain there permanently. b. The object was in or on the property at the time of sale. c. The object was specially made for the property. d. It is attached to the property in such a way that removing it would cause damage.
b. The object was in or on the property at the time of sale.
What are three steps of a civil trial? Choose 3 answers. a. appeal b. opening arguments c. presentation of testimony and evidence d. closing arguments
b. opening arguments c. presentation of testimony and evidence d. closing arguments
A landlord's rights include: a. quiet enjoyment of the property. b. receiving rent according to the lease. c. being told about issues that need repair. d. having three months' notice before tenant can terminate a lease.
b. receiving rent according to the lease.
Esther is pulled over for crossing the yellow line with her automobile. The officer suspects Esther is intoxicated, so she administers a field sobriety test. Esther blows a .16 on the test, so the officer arrests Esther for DWI. Esther decides to fight the charge. Her defense is that she is an alcoholic, and the laws against driving while intoxicated unconstitutionally discriminate against her and other alcoholics. Does Esther have a valid defense to her DWI charge? a. Yes, she does because laws that regulate economic or social issues are presumed invalid, and the courts will apply intermediate scrutiny in evaluating whether such laws discriminate against people. b. Yes, she does because laws that regulate economic or social issues are presumed invalid, and the courts will apply minimum scrutiny in evaluating whether such laws discriminate against people. c. No, she does not because laws that regulate economic or social issues are presumed valid, and the courts will apply intermediate scrutiny in evaluating whether such laws discriminate against people. d. No, she does not because laws that regulate economic or social issues are presumed valid, and the courts will apply minimum scrutiny in evaluating whether such laws discriminate against people.
d. No, she does not because laws that regulate economic or social issues are presumed valid, and the courts will apply minimum scrutiny in evaluating whether such laws discriminate against people.
Nevada passes a statute that any 18-wheel truck passing through Nevada must meet a Clean Fuel Fleet Exhaust Emission Standard of no more than 2.8 nitrous oxide (NOx). The federal statute requirement for such trucks is no more than 3.8 NOx. Carlton is driving his 18-wheeler cross-country to deliver a load and stops at a Nevada weigh station. The weigh station officer inspects Carlton's documents, notes that Carlton's truck has a 3.4 NOx emission level, and issues a citation. On what grounds might Carlton fight this citation? a. The state statute preempts the federal statute under the Supremacy Clause. b. The state statute preempts the federal statute under the Full Faith and Credit Clause. c. The federal statute preempts the state statute under the Full Faith and Credit Clause. d. The federal statute preempts the state statute under the Supremacy Clause.
d. The federal statute preempts the state statute under the Supremacy Clause.
Which of the following is a true statement of the powers of a branch of the federal government? a. The federal court system is established by the U.S. Constitution without the involvement of any other branch of government. b. The power to interpret the U.S. Constitution is vested solely in the U.S. Supreme Court. c. The power to administer the laws is vested in the judicial branch. d. The power to enact laws is vested in the legislative branch.
d. The power to enact laws is vested in the legislative branch.
Which of the following is the supreme law of the land? a. Bill of Rights b. U.S. Supreme Court c. common law d. U.S. Constitution
d. U.S. Constitution
A new north-south interstate highway was being planned, and the route for the interstate went straight through Roy's property. Roy received a notice from the city stating that his property would be condemned and setting a hearing on the matter. Roy appeared at the hearing to contest the action, saying he had lived in this house for forty years, and strenuously objected to the city taking his property! The probable result is that: a. the city may take the property under the principle of adverse possession since it is for a public use, as long as it pays Roy just compensation. b. the city may take the property under the principle of adverse possession since it is for a public use and does not have to compensate Roy. c. the city may take the property under the principle of eminent domain since it is for a public use and does not have to compensate Roy. d. the city may take the property under the principle of eminent domain since it is for a public use, as long as it pays Roy just compensation.
d. the city may take the property under the principle of eminent domain since it is for a public use, as long as it pays Roy just compensation.
Congress has the right to pass laws, as long as: a. they follow the common law. b. they do not conflict with administrative regulations. c. it follows precedent. d. they do not conflict with the United States Constitution.
d. they do not conflict with the United States Constitution.
A party may challenge a potential juror for cause if the party believes the potential juror: (Choose 3 answers.) a. is biased. b. is a friend or relative of one of the parties. c. has prior knowledge of the facts of the lawsuit. d. is of a particular race.
a. is biased. b. is a friend or relative of one of the parties. c. has prior knowledge of the facts of the lawsuit.
Sabrina owns an apartment complex in upstate New York. One of her renters, Salvo, informs her in January that the heating unit has stopped working in his apartment. Sabrina promises to fix the problem, but two weeks later, the heating unit is still not working. Salvo may: a. vacate the apartment, and Sabrina will be liable for any expenses he incurs. b. stop paying rent, but may not move out. c. have to fix the problem himself because landlords have no responsibility to repair heating units. d. move out, but may pay rent at a reduced rate.
a. vacate the apartment, and Sabrina will be liable for any expenses he incurs.
The argument that a law should not be followed because it violates the inherent rights of human beings follows which theory of jurisprudence? a. historical school b. natural law c. positivism d. legal realism
b. natural law
Which of the following statements are applicable to the doctrine of stare decisis? Choose 2 answers. a. A lower court must follow the precedent of a decision made by a higher court in the same jurisdiction. b. A lower court may choose whether to follow the precedent of a decision made by a higher court in the same jurisdiction. c. A court must follow the decisions of a higher court, even if the decision comes from another jurisdiction. d. Stare decisis is a principle that arose out of the common law.
a. A lower court must follow the precedent of a decision made by a higher court in the same jurisdiction. d. Stare decisis is a principle that arose out of the common law.
Which of the following are the TWO types of ADR that results in parties voluntarily signing a settlement agreement rather than proceeding to trial? Choose 2 answer choices. a. Negotiation b. Arbitration c. Mediation d. Litigation
a. Negotiation c. Mediation
The federal and most state judicial branches have at least these three levels in the court system: a. trial court, intermediate appellate court, and highest appellate court. b. chancery, district, and appellate. c. district, appeals, and supreme. d. district, circuit, and appellate.
a. trial court, intermediate appellate court, and highest appellate court.
In a tenancy in common: (Select 2 answers) a. two or more people own the same piece of property. b. if either of the co-owners sells their share of the property, the tenancy in common is severed. c. if either of the co-owners dies, the property automatically passes to the surviving co-owners. d. co-owners may ask the court for a partition.
a. two or more people own the same piece of property. d. co-owners may ask the court for a partition.
In Suzanne's will, she left her home and five acres to her niece, Abrhianna. However, before her death, Suzanne sold the property to Clark, providing a deed in fee simple. At the moment of Suzanne's death, who owns the property? a. Abrhianna owns the property. b. Clark owns the property. c. Clark and Abrhianna become co-owners of the property. d. neither Clark nor Abrhianna own the property.
b. Clark owns the property.
Tillie is served with a lawsuit to collect a debt Tillie allegedly owes to Big Ben Clocks. The summons attached to the lawsuit says that Tillie has thirty days to answer the complaint. Fifteen days later, Tillie receives a copy of a default judgment in the mail, directing Tillie to pay $1000 to Big Ben Clocks. Does Tillie have any grounds on which to have the default judgment set aside? a. No, a violation of procedural due process is not a ground to set aside a default judgment. b. Yes, it is a violation of procedural due process. c. No, once a court enters a judgment of any kind, it is final. d. Yes, it is a violation of substantive due process.
b. Yes, it is a violation of procedural due process.
Court orders may: (Select two) a. give a party a remedy without filing a claim. b. make certain behaviors unlawful. c. compel a party to do something. d. prohibit a party from doing something.
c. compel a party to do something. d. prohibit a party from doing something.
Land burdened by an easement is called: a. the servient estate. b. the licensed estate. c. a profit. d. the dominant estate.
a. the servient estate.
A tenancy for years will last: a. for at least twenty-four months. b. for not more than twenty-four months. c. at least one year. d. for a definite period of time.
d. for a definite period of time.
A landlord's duties include: a. keeping the style of the leased property up to date. b. purchasing furniture for the leased property. c. paying the tenant for yard work done at the leased property. d. giving the tenant possession of the leased property.
d. giving the tenant possession of the leased property.
What are two types of challenges an attorney can make during voir dire? a. Peremptory challenges b. Challenge for cause c. Non obstante challenge d. Challenge for verdict
a. Peremptory challenges b. Challenge for cause
Agency rules are similar to statutes because of which one of the following? a. They are legal requirements and binding as if Congress has passed them. b. Congress must vote in favor of them to become effective. c. They are opinions regarding laws passed by Congress. d. They are enforced by law enforcement agencies.
a. They are legal requirements and binding as if Congress has passed them.
What authority does the federal government have under the Commerce Clause? Choose 2 answer choices. a. To regulate commerce on the national and local levels b. To regulate international commerce c. To regulate all commerce in the country d. To regulate commerce between states only
a. To regulate commerce on the national and local levels b. To regulate international commerce
Which of the following is an example of a fixture? a. cabinets attached to the wall of a garage b. a child's swingset that is in the backyard of a house c. a refrigerator in the kitchen of a house d. a television that is attached to a wall bracket
a. cabinets attached to the wall of a garage
Which of the following types of law originated from early English history in an effort to provide a body of law that applied to the entire English realm? a. common law b. king's law c. sovereign law d. statutory law
a. common law
Maverick Manufacturing creates dress slacks for men and women. Maverick's decides to expand its business by opening a new manufacturing plant in China to create slacks that will be sold in China as well as in the United States. Maverick will hire both American and Chinese employees to work in the plant. Maverick's upper management thinks that the same laws that protect U.S. employees should apply to the Chinese workers as well. Maverick's upper management subscribes to the: a. natural law school of legal thought. b. legal positivism school of legal thought. c. historical school of legal thought. d. legal realism school of legal thought.
a. natural law school of legal thought
Which theory of jurisprudence holds that the written law of a government is the highest law? a. positivism b. historicalism c. legal realism d. naturalism
a. positivism
Which of the following is a correct statement of federal preemption of state law under the Supremacy Clause? Choose 2 answers. a. Federal environmental laws will always preempt a state's water pollution law for its state parks. b. A state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field. c. 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. d. Federal law only preempts state law when Congress has expressly stated the preemption for the entire field.
b. A state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field. c. 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 classification or scrutiny would be appropriate for a court to use to examine a state regulation requiring firefighters to be men because of the demanding physical requirements of the job? a. Rational Basis Test b. Intermediate Scrutiny c. Minimal Scrutiny d. Strict Scrutiny
b. Intermediate Scrutiny
The U.S. Constitution does which of the following? (Choose 3 answer choices) a. It lists the first ten statutes of the federal government. b. It provides for the fundamental rights of citizens. c. It divides ruling authority between a state and the federal system. d. It creates three branches of government.
b. It provides for the fundamental rights of citizens. c. It divides ruling authority between a state and the federal system. d. It creates three branches of government.
What are the benefits of the exhaustion doctrine? a. The exhaustion doctrine allows for theoretical appeals. b. The exhaustion doctrine requires resolution of disputes within the agency without involving the court system, except when necessary. c. The exhaustion doctrine provides a quick and easy path to the federal court system for appeals. d. The exhaustion doctrine ensures federal courts have increases in cases. Assessment question
b. The exhaustion doctrine requires resolution of disputes within the agency without involving the court system, except when necessary.
Where are fundamental rights protected specifically in U.S. law? a. Under procedural due process b. Under substantive due process c. Under the Eleventh Amendment d. Under the Takings Clause
b. Under substantive due process
Judge Jasper and his friend, Judge Judy, were debating the philosophical theories of jurisprudence. Judge Jasper believes that law is just one of many institutions in society and that it is shaped by social forces and needs. Judge Jasper believes in the theory of jurisprudence called: a. the natural law theory. b. legal realism. c. legal positivism. d. the historical school of legal thought.
b. legal realism.
The principle of stare decisis does which of the following? a. ensures that no changes in the law ever take place b. requires the fact pattern of the current case to be exactly like the fact pattern of the precedent c. creates predictability in the legal system d. uses statutory law to guide judges to the right decision
c. creates predictability in the legal system
Congress passes a law making it a crime to use marijuana. The judiciary can check the power of Congress by: a. vetoing the law. b. making it constitutional to use marijuana. c. declaring the law unconstitutional. d. impeaching senators.
c. declaring the law unconstitutional.
Which of the following is true about easements appurtenant? a. They are temporary. b. They benefit a particular person as opposed to the land. c. They give a person authority to remove something from the land of another. d. They "run with the land."
d. They "run with the land."
In contrast to federal courts, state courts have what kind of jurisdiction? a. diversity b. original c. appellate d. broad
d. broad
Legal realists would claim: a. an unjust law is no law at all. b. only laws which are moral should be followed. c. the sovereign can never be wrong. d. it doesn't matter what the law says, but who enforces it.
d. it doesn't matter what the law says, but who enforces it.
What is a document called that is filed with the court to state the position of the plaintiff or the defendant in a lawsuit and ask for relief from the court? a. complaint b. claim c. motion d. pleading
d. pleading
Mexico, the United States and Canada entered into the United States-Mexico-Canada Agreement (USMCA) in 2020. One provision of the USMCA prevents any party from passing laws that restrict the cross-border flow of data. Mexico passes a statute that restricts the cross-border flow of data from England. Is the Mexican statute a violation of the USMCA? a. No, the Mexican statute is not a violation of the USMCA because England is not a signatory to the USMCA. b. No, the Mexican statute does not violate the USMCA because the statute has not been ratified by all the signatories to the USMCA. c. Yes, the Mexican statute is a violation of the USMCA because it restricts the cross-border flow of data. d. Yes, the Mexican statute violates the USMCA because it restricts cross-border flow of data from Mexico.
a. No, the Mexican statute is not a violation of the USMCA because England is not a signatory to the USMCA.
When the parties in a dispute present their arguments and evidence to a neutral third party who then renders a decision, it is called: a. arbitration. b. negotiation. c. adjudication. d. mediation.
a. arbitration.
Joan's lawyer, Albert, feels pretty good about the chances of winning Joan's case. He has found a case directly on point, which means it has the same issue and very similar facts. If the court follows the decision in the case Albert found, then Joan will win her case. Albert argues Joan's case to the trial court, and the trial court decides for Joan. The fact that the trial court decided the case in Joan's favor is an example of: a. stare decisis. b. common law. c. persuasive authority. d. precedent.
a. stare decisis.
After acquiring three new rental properties, Savannah made improvements to them. In the first property, she installed ceiling fans in each bedroom. In the second, she laid out decorative throw rugs in the living room. In the third, she had a new central air unit installed. Six months later, she decides to sell the properties and is wondering which of these improvements she can remove from the properties and keep for herself. Of the three improvements, Savannah CANNOT remove: a. the ceiling fans and central air unit because they would be considered fixtures. b. all three improvements because they would be considered fixtures that become part of the real property. c. the ceiling fans and central air unit, but their classification as fixtures would make no difference in whether or not Savannah can remove them. d. the central air unit and the throw rugs because they would be considered fixtures.
a. the ceiling fans and central air unit because they would be considered fixtures.
When a tenant wrongfully holds over from the term of their lease, it is called: a. a periodic tenancy. b. a tenancy for years. c. a tenancy at will. d. a tenancy at sufferance.
d. a tenancy at sufferance.
A court has personal jurisdiction over a party in which of the following circumstances? Choose 2 answer choices. a. When a party brings a case in its court b. When the court has already established that the court has subject matter jurisdiction c. When the party's property at issue in the case exists within the geographic boundaries of the authority of the court d. When the party lives within 250 miles of the court
a. When a party brings a case in its court c. When the party's property at issue in the case exists within the geographic boundaries of the authority of the court
What is preemption in the Supremacy Clause? Preemption is not addressed in the Supremacy Clause. It is addressed in other areas of the U.S. Constitution. a. State law that does not conflict with federal law preempts federal law. b. Federal law cannot preempt certain areas of state law as delineated in the c. Supremacy Clause. d. Federal law is supreme over state law.
d. Federal law is supreme over state law.
Under the common law, which of the following is true? a. Judges may never deviate from established precedent. b. Judges are responsible for the creation of statutes. c. Congress is responsible for interpreting the common law. d. In a case of first impression, a judge may use persuasive authorities rather than precedents.
d. In a case of first impression, a judge may use persuasive authorities rather than precedents.
Sofia works in the advertising department of Energy First, a company that manufactures a vitamin supplement that allegedly boosts a person's energy level. Sofia creates an advertisement for the product that states that Energy First has been clinically proven to boost energy levels when she knows that no such study has occurred. Can the government prevent Sofia from making such claims in her advertisements? a. No, the government cannot because in doing so, the government goes too far in restricting free speech. b. Yes, commercial speech is even more protected under the First Amendment than individual speech. c. No, the government cannot regulate free speech. d. Yes, the government has a substantial interest in protecting the health of the public, and the restriction on these claims advances that interest without going any further than necessary.
d. Yes, the government has a substantial interest in protecting the health of the public, and the restriction on these claims advances that interest without going any further than necessary.
The role of a mediator is to: a. assist parties in a dispute in resolving their differences out of court. b. negotiate on behalf of one of the parties in a dispute. c. hear the parties' dispute without an attorney. d. hear the complaints of the parties and render an out-of-court decision.
a. assist parties in a dispute in resolving their differences out of court.
Steps for creating a statutory law include filing a bill in the legislature, debating and voting on the bill in committees and in the legislative assembly, and ultimately: a. becoming an act when signed by the president or state governor, or if vetoed, when the veto is overridden. b. being designated as a civil or criminal law. c. being published in the state or federal code. d. being approved by the courts.
a. becoming an act when signed by the president or state governor, or if vetoed, when the veto is overridden.
When an agency needs to enforce the law or its regulations, it may exercise which of the following powers? Choose 3 answers. a. issue a subpoena b. investigate complaints and possible violations of its regulations or the law c. conduct a hearing to obtain a final order d. issue restraining orders
a. issue a subpoena b. investigate complaints and possible violations of its regulations or the law c. conduct a hearing to obtain a final order
Civil law: a. regulates the rights and duties between parties. b. regulates moral duties as opposed to legal duties. c. punishes wrongdoers with monetary fines and prison. d. regulates individuals behaviors which impact society as a whole.
a. regulates the rights and duties between parties.
What restrictions on business speech are allowed by the First Amendment? Choose 2 answer choices. a. Business political contributions to a controversial candidate b. Limitations on advertisements for alcohol c. A billboard for a hotel on an urban highway d. Some advertising venues for tobacco
b. Limitations on advertisements for alcohol d. Some advertising venues for tobacco
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? a. Yes, this ordinance violates a citizen's right to free speech. b. No, requiring people to wear a face mask during a pandemic is a valid exercise of the state's police power. c. Yes, this ordinance violates a citizen's right to privacy. d. No, the federal government has the authority to regulate this kind of behavior, and the city police officer is acting as an agent of the federal government.
b. No, requiring people to wear a face mask during a pandemic is a valid exercise of the state's police power.
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: a. lose because the EPA is not required to give notice before it changes environmental rules. b. win because the EPA did not give notice of the rule change regarding glyphosate. c. lose because as a commercial lawn care provider, Harold must stay abreast of current research on pesticides. d. win because Harold's use of glyphosate would be grandfathered in.
b. win because the EPA did not give notice of the rule change regarding glyphosate.
Which of the following statements correctly reflects the role of a federal administrative law judge (ALJ)? a. An ALJ presides over an administrative hearing and issues an order that, when final, may be reviewed by a court. b. An ALJ's final order may not be reviewed by a court. c. An ALJ's final order may be re-tried in a federal district court. d. An ALJ's final order may only be overturned by a court if it is unreasonable.
a. An ALJ presides over an administrative hearing and issues an order that, when final, may be reviewed by a court.
Fundamental liberties guaranteed to all citizens by the U.S. Constitution include: (Choose three) a. free press b. free speech c. right to work d. free exercise of religion
a. free press b. free speech d. free exercise of religion