LA245 HW'S 1-8

Curtis filed a lawsuit against Ulhoff for failure to repay $1,000 according to the terms of the promissory note. The lawsuit ended before trial, with the trial judge granting a motion for summary judgment in favor of Curtis. Ulhoff has appealed, and the Supreme Court of Iowa has remanded the case. This means Ulhoff automatically wins because he lost in the lower court. Curtis automatically wins because he won in the lower court. Neither party wins because the case is being thrown out. We don't know who wins yet because the case is being returned to the trial court for additional steps.

We don't know who wins yet because the case is being returned to the trial court for additional steps.

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: neither in personam jurisdiction nor subject matter jurisdiction in the case. both subject matter and in personam jurisdiction in the case. subject matter jurisdiction, but not in personam jurisdiction, in the case. in personam jurisdiction, but not subject matter jurisdiction, in the case.

both subject matter and in personam jurisdiction in the case.

The primary source of federal power to regulate business is the Supremacy Clause. Commerce Clause. Contract Clause. Privilege and Immunities Clause.

commerce clause

Common law, like statutory law, is prospective. True False

false

For some time, the police have suspected Abbie of selling drugs out of her apartment, but the police have not been able to gather any concrete evidence with which to prosecute Abbie. One night, the police decide to try a knock-and-talk procedure, where the police just knock on Abbie's door and see if Abbie will allow them inside. Abbie refuses to give consent for the officers to enter after they knock, but the police officers push past Abbie anyway. Once the officers are in the apartment, the officers see drugs in plain sight, so the police seize the drugs and arrest Abbie for possession with intent to sell. At Abbie's trial, can the drugs be entered into evidence? Yes, the drugs can be admitted into evidence at trial because they were in plain view. Yes, the drugs can be admitted into evidence at trial because the officers had probable cause to enter Abbie's apartment. No, the drugs cannot be admitted into evidence at trial because they were illegally obtained. No, the drugs cannot be admitted into evidence at trial because Abbie was not read her Miranda rights.

No, the drugs cannot be admitted into evidence at trial because they were illegally obtained.

A branch of tort law that imposes a much higher level of liability when harm results from ultrahazardous acts or defective products is referred to as Strict liability. Strict negligence. Heightened liability. Res ipsa loquitur.

Strict liability

An intentional tort involves conduct in which The defendant intended a certain physical act that ends up injuring someone. Injuries are caused to someone because of the defendant's neglect or oversight. There is resulting punishment, including prison, for the defendant. The defendant intended to harm the plaintiff.

The defendant intended a certain physical act that ends up injuring someone

Raymond opened his door in response to a police officer's knock. He was holding cocaine in his open hand at the time. The court held that the police did not need a warrant to make an arrest because Raymond was an adult. They did not have a search warrant. The evidence was in plain view. Raymond opened the door voluntarily.

The evidence was in plain view

Negligence concerns harm that arises by accident. arises intentionally. is unforeseeable. is always substantial

arises by accident

Generally, constitutional protections do NOT apply to Acts of the federal government. Acts of privately owned businesses. Acts of administrative agencies. Acts of state government.

Acts of privately owned businesses.

A form of due process that holds that certain rights are so fundamental that the government may not eliminate them is referred to as Substantive due process. Procedural due process. Eminent domain. Judicial restraint.

Substantive due process

If the President vetoes a bill, it can still become law if both the House and the Senate approve it with a 51 percent majority. True False

false

In a civil case, the plaintiff must prove the case beyond a reasonable doubt. True False

false

In reaching its verdicts, appellate courts conduct trials and rehear all evidence. True False

false

The power to regulate interstate commerce is given jointly to Congress and the states under the U.S. Constitution. True False

false

Tort issues are firmly ingrained in law and do not change. True False

false

When measured in dollars, street crime costs society more than twice as much as white-collar crime. True False

false

The fastest-growing method of dispute resolution in the United States is Litigation. Negotiation. Mediation. Arbitration.

mediation

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: persuasive authority. stare decisis. common law. precedent.

stare decisis

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: only a temporary order unless either party appeals. the final order in the case unless Rhea appeals. the final order in the case unless the store appeals. only a temporary order; there will always be a different final order. Assessment question

the final order in the case unless the store appeals.

Which two answers correctly describe the role of Judicial power under the U.S. Constitution? to enforce the laws. to determine the validity of laws. to create laws. the right to interpret laws.

to determine the validity of laws. the right to interpret laws.

A crime is a violation of statutory law. True False

true

Administrative agencies exist at the federal, state, and local levels. True False

true

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: lose because the EPA is not required to give notice before it changes environmental rules. lose because as a commercial lawn care provider, Harold must stay abreast of current research on pesticides. win because the EPA did not give notice of the rule change regarding glyphosate. win because Harold's use of glyphosate would be grandfathered in.

win because the EPA did not give notice of the rule change regarding glyphosate.

Which of the following is NOT a primary source of contemporary law? common law natural law statutes treaties

natural law

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: common law. statutory law. an ordinance administrative law.

statutory law

Internet auctions are the number one source of consumer complaints about online fraud. True False

true

Ahmed is an employee of Bristol Manufacturing Company. Bristol manufactures plastics, which creates large amounts of toxic waste that must then be disposed of. Ahmed is responsible for making sure this toxic waste is properly disposed of. To cut costs, Ahmed decides to divert the liquid waste into a local stream, instead of properly disposing of it. This is a direct violation of the Clean Water Act, a national law that protects the United States' waterways. Sanford is the director of the division in which Ahmed works and knows that Ahmed is doing this. When the authorities discover Ahmed's unlawful actions, can Bristol be held criminally liable? Bristol cannot be held criminally liable unless it directed Ahmed to take the illegal action. Bristol cannot be held criminally liable, even if Sanford knew of Ahmed's actions. Bristol can be held criminally responsible if Sanford knew of Ahmed's criminal actions. Bristol can be held criminally liable whether or not Ahmed was acting within the scope of employment.

Bristol can be held criminally responsible if Sanford knew of Ahmed's criminal actions.

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? Yes, this ordinance violates a citizen's right to free speech. No, requiring people to wear a face mask during a pandemic is a valid exercise of the state's police power. Yes, this ordinance violates a citizen's right to privacy. 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.

No, requiring people to wear a face mask during a pandemic is a valid exercise of the state's police power

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? Yes, providing this information does not violate normal agency policies. Yes, Roger has a good reason for requesting this information. No, because as a current employee of an agency, the Federal Reserve, Roger cannot file a FOIA request with the Federal Reserve. No, this information is confidential and personal.

No, this information is confidential and personal

Some presidents have argued that they should have the power of a line-item veto, which is the authority to nullify or cancel specific provisions of a bill, usually a budget appropriations bill, without vetoing the entire legislative package. A line-item veto is a challenge to which of the following principles? The Supremacy Clause. The Commerce Clause. Separation of Powers. Executive Privilege.

Separation of Powers

What is an example of an independent agency? The Internal Revenue Service. The Federal Bureau of Investigation. The Federal Communications Commission. All of these are correct.

The Federal Communications Commission.

The purpose of the Freedom of Information Act (FOIA) is To permit warrantless searches and seizures of evidence when necessary to ensure safety. To give the government access to information concerning citizens, businesses, and organizations. To limit the amount of information that the government can collect about its citizens, businesses, and organizations. To give citizens, businesses, and organizations access to information that federal agencies are using.

To give citizens, businesses, and organizations access to information that federal agencies are using.

What is the primary trial court in the federal system? U.S. Claims Court. U.S. Supreme Court. U.S. District Court. Municipal Court.

U.S. District Court

Way Out Records signs a one-year contract with Reddick for exclusive rights to record his songs. Fun Times Records hears about the deal and begins discussions with Reddick to record for them instead. To convince Reddick to cancel his contract with Way Out Records, Fun Times offers Reddick ten percent more royalties on his songs and a more flexible recording schedule than Way Out had offered him. Fun Times also sweetens the deal by offering a two-year contract instead of just one year. Reddick signs the two-year contract with Fun Times and cancels the contract with Way Out. If Way Out Records sues Fun Times Records for tortious interference with a contract: Way Out Records will probably not be successful, because businesses are free to contract with whomever they wish. Way Out Records will probably not be successful because Fun Times Records was just exercising its right to compete in the market. Way Out Records will probably be successful because Fun Times Records offered Reddick a better deal. Way Out Records will probably be successful, because Fun Times Records wrongfully induced Reddick to break his contract with Way Out Records.

Way Out Records will probably be successful, because Fun Times Records wrongfully induced Reddick to break his contract with Way Out Records

Miguel reprogrammed a smartphone so that it intercepted electronic funds transfers and rerouted them to his bank account. What crime has he committed? Mail fraud. Wire fraud. Insurance fraud. Embezzlement.

Wire fraud

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? Yes, it is a violation of substantive due process. No, a violation of procedural due process is not a ground to set aside a default judgment. Yes, it is a violation of procedural due process. No, once a court enters a judgment of any kind, it is final.

Yes, it is a violation of procedural due process.

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? 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. No, the government cannot because in doing so, the government goes too far in restricting free speech. Yes, commercial speech is even more protected under the First Amendment than individual speech. No, the government cannot regulate free speech. Assessment question

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.

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. a motion to dismiss may be filed against her. a motion for judgment on the pleadings may be filed against her. a motion for summary judgment may be filed against her.

a default judgment may be entered against her.

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. negotiation. summary jury trial. mediation.

arbitration

Bart works as an accountant for Good Times Restaurant. He is responsible for not only keeping the books current but also for making daily bank deposits for Good Times. Bart has been struggling financially, so he decides to put some of the daily bank deposits for Good Times into his personal account, instead of the bank account of Good Times. Every day, for one month, he takes ten percent of the cash receipts from Good Times and deposits them into his personal checking account. When the manager of Good Times discovers what Bart is doing, she contacts the police, and Bart is arrested. Bart can be found guilty of: hacking. robbery. larceny. embezzlement.

embezzlement

Sar signs a contract with a new customer, her biggest one yet. The next day, Sar learns that her biggest competitor, Jen, has convinced the customer to sign with Jen and break the contract with Sar. Sar is upset about the deal but does not want to sue. Sar's attorney, however, encourages Sar to sue Jen. Her attorney tells Sar that it is important to sue Jen, who acted badly, for policy reasons. In addition to compensating Sar for her losses, a lawsuit would: absolutely prohibit Jen from repeating the act in the future. help deter Jen and others from committing similar bad behavior in the future. deter only Jen from committing similar bad behavior in the future. absolutely prohibit others from acting the way Jen acted.

help deter Jen and others from committing similar bad behavior in the future

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. in state court because both Fran and Zegrida live in the same state. in state court because the suit involves a copyright issue. 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.

in federal district court because the suit involves a copyright issue.

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: win because the president can only remove officers of executive federal agencies for good cause. win because Congress is the entity with the authority to remove officers of executive federal agencies. lose because only Congress can remove officers of executive federal agencies and only for good cause. lose because the president has the power to appoint and remove officers of executive federal agencies.

lose because the president has the power to appoint and remove officers of executive federal agencies.

Noah and Otto have been neighbors for years. They have also been arguing for years, and each of them prohibits the other from coming onto his property. One day, as Noah is getting in his car to go to work, he sees Otto's 15-year-old son Hank lying in Otto's front yard. Hank had been mowing the yard when he lost his footing and fell, and the mower ran over his leg. Noah rushes over to help Hank. Because Otto is not home, Noah helps the boy and waits with him until his mom comes home. Later, when Otto finds out what happened, he wants to sue Noah for coming onto his property. If Otto sues Noah for coming onto Otto's property without permission, Otto will: lose because the trespass was warranted. lose because the trespass was unwarranted. win because the trespass was unwarranted. win even though the trespass was warranted.

lose because the trespass was warranted

Angelina and Sophia attended a professional development retreat at Ferncliff Camp. They met at a downtown location and traveled to the camp by bus. After three days of team-building exercises, Angelina and Sophia returned on the bus to their respective cars. When Angelina arrived at home, she discovered the camp employee who unloaded the bus had given her Sophia's luggage by mistake. She called the camp to explain what happened and hopefully get her luggage back. Angelina can be charged with the crime of: theft, because she took Sophia's suitcase without permission. nothing, because she did not have the mental state required to commit a crime. theft by receiving, because the suitcase was handed to her by a camp employee. conversion.

nothing, because she did not have the mental state required to commit a crime.

Mona raises marijuana plants in her basement. She has a few regular customers, even though marijuana is not legal in her state, but has never had any issues with the law. One day, the police show up at her house without a warrant. They request consent to search her house, and she declines. The police search the house anyway, find the marijuana plants, and arrest Mona for possession of marijuana with the intent to deliver. Savannah, Mona's attorney, moves to suppress the evidence before trial. After a hearing on the motion to suppress, the judge will probably: suppress the evidence because the police did not have a warrant for the search. not suppress the evidence because even though the police did not have a warrant, convicting criminal defendants outweighs the policy concerns of protecting a criminal defendant's rights. suppress the evidence because police are never allowed to search without a warrant. not suppress the evidence because the police conducted a valid search. Assessment question

suppress the evidence because the police did not have a warrant for the search.

Anne Marie has surgery to have her gall bladder removed at Mt. Sinai Hospital. The surgery goes well, but several days later, Anne Marie experiences severe abdominal pain. X-rays reveal a small surgical instrument in Anne Marie's abdominal cavity. Anne Marie has to endure another surgery to remove the instrument. Anne Marie sues the surgeon for negligence. To win her negligence lawsuit against the surgeon, Anne Marie must prove: that a reasonable surgeon would not have left a surgical instrument in her abdominal cavity. that the surgeon was not qualified to perform the surgery. that the surgeon intended to leave a surgical instrument in her abdominal cavity. that a reasonable person would not have left a surgical instrument in her abdominal cavity.

that a reasonable surgeon would not have left a surgical instrument in her abdominal cavity.

Even if a statute's words have ordinary, everyday significance, the court will look at the legislative history of the law and public policy in order to interpret the statute True False

true

In 1994, the Arizona Supreme Court decided the case of Hernandez v. Arizona Board of Regents and found a duty of care to avoid furnishing alcohol to underage consumers. If in 2008 a Flagstaff, Arizona plaintiff brings a lawsuit against an Arizona university's fraternity for providing alcohol to members under the legal drinking age, the Hernandez v. Arizona Board of Regents case will serve as precedent. True False

true

In the case of Panavision Int'l. v. Toeppen, the Ninth Circuit Court of Appeals affirmed the district court's decision. This means that the Ninth Circuit Court of Appeals approved the district court's decision and upheld the outcome in the case. True False

true

Misleading commercial speech may be outlawed altogether without violating the Constitution. True False

true

Public hearings are required in formal administrative agency rulemaking. True False

true

The amendments to the U.S. Constitution protect the people from the power of state and federal governments. True False

true

The single recovery principle requires a court to settle a matter once and for all by awarding a lump sum for past and future expenses. True False

true

Unethical behavior causes financial harm. True False

true

Freddy carries his books and school supplies in a large backpack. The hallways at Freddy's school are always very crowded. One day, Freddy turns around quickly to talk to a friend, and a sharp pencil that is sticking out of his backpack gouges Lorraine in the eye. Lorraine ends up losing the use of her eye. If Lorraine sues Freddy in a negligence action, the standard the court will use to determine whether Freddy is liable is: what Lorraine would have done under the circumstances. what a reasonable person would have done under the circumstances. what the court would have done under the circumstances. what the jurors would have done under the circumstances.

what a reasonable person would have done under the circumstances

The doctrine of precedent requires That the victim testify. That the defendant testify. A 12-member jury of the defendant's peers. Judges to base rulings on previous cases.

Judges to base rulings on previous cases.

DoorWay Computers, Inc., the trademark owner of "DoorWay," sought a court injunction to prevent Handyman Hardware, In. from using the domain name, "DoorWay.com." A jury will decide whether DoorWay is entitled to this remedy. True False

false