LAW 231 PHILIPS Exam 1 (quizzes and hw)
The Constitutional right of free speech is found in which of the following amendments?
1st
Which constitutional clause allows Congress to preempt state laws if necessary?
supremacy clause
The Due Process Clause of the Fifth and Fourteenth Amendments ensures that individuals accused of committing crimes are not subjected to the due process of law. (T/F)
F
What grants a court specific authorization or jurisdiction over an out-of-state defendant due to the defendant's conduct or other circumstances?
State long-arm statute.
Which of the following are potential advantages of alternative dispute resolution? (one or more answers) A) Reduced costs. B) Less time consuming. C) Held in a public forum. D) Preserving business relationship.
A, B, D
Administrative law hearings are presided over by ________ judges.
Administrative law
What is the most common form of commercial speech?
Advertising
Which of the following are potential advantages of alternative dispute resolution? A) Possible to preserve the business relationship. B) Expertise for complex industry-specific disputes. C) Held in private with no public record required. D) Cost-effective.
All
Under the American legal system, subject to some exceptions, costs of litigation regarding both the plaintiff and the defendant
Are paid for by each side, with the plaintiff and defendant paying for their own legal costs
Beth, a resident of the state of Missouri, is driving her boat on a lake in Missouri when she negligently hits a boat driven by Ivan, a resident of the state of Arkansas. Ivan is injured in the accident and suffers damages totaling $550,000. This accident only involves state negligence law. There is no federal law involved in this case. Ivan files a lawsuit against Beth. When the lawsuit begins it is a ________ case with Ivan as the _________ and Beth as the ____________.
Civil case Ivan = plaintiff Beth = defendant
Beth, a resident of the state of Missouri, is driving her boat on a lake in Missouri when she negligently hits a boat driven by Ivan, a resident of the state of Arkansas. Ivan is injured in the accident and suffers damages totaling $550,000. This accident only involves state negligence law. There is no federal law involved in this case. Ivan's lawsuit is an example of what types of jurisdiction?
Concurrent, Original, and General
Which of the following are not potential advantages of alternative dispute resolution? A) Reduced costs. B) Expertise. C) Less time consuming. D) Held in a public forum.
D
What are the different types of federal court jurisdiction?
Diversity of citizenship and Federal question
The _____ is the principle that similar cases with similar facts and issues should have the same judicial outcome
Doctrine of Stare Decisis
Courts are highly critical of agency decisions involving how and when an agency enforces a regulation. (T/F)
F
Decisions of trial courts are reviewed by appellate courts. (T/F)
F
Fundamentally, state trial courts rule on certain points of state law and render a decision. That decision is binding on the parties, and on everyone else. (T/F)
F
Statutory law is the foundation for all other law in the United States and is the supreme law of the land (T/F)
F
The state trial court in Nevada issued a decision in which a party was found guilty of fraud. Should a case arise in the future with the same basic fact situation, Nevada courts will be bound by precedent to follow the reasoning and decision of this prior decision (T/F)
F
The state trial court in Nevada issued a decision in which a party was found guilty of fraud. Should a case arise in the future with the same basic fact situation, Nevada courts will be bound by precedent to follow the reasoning and decision of this prior decision. (T/F)
F
When a Pennsylvania appellate court makes a decision, stare decisis requires that Delaware trial courts follow the case precedent when a case with a similar fact situation arises (T/F)
F
When a remedy at law (i.e., money damages) is fully sufficient to bring justice, equitable remedies are permitted. (T/F)
F
Wilma hires Fred, a contractor, to paint her house. When Fred finishes, Wilma refuses to pay him and states that the quality of the job done is not satisfactory. If Fred sues Wilma for breach of contract in a trial court, Fred would be the defendant. (T/F)
F
Which of the following sources of law has a higher priority than the others in the hierarchy of primary sources of federal and state law? A) Federal common law B) Federal administrative law C) State administrative law D) State common law
Federal administrative law
Beth, a resident of the state of Missouri, is driving her boat on a lake in Missouri when she negligently hits a boat driven by Ivan, a resident of the state of Arkansas. Ivan is injured in the accident and suffers damages totaling $550,000. This accident only involves state negligence law. There is no federal law involved in this case. Which courts have jurisdiction over this case if Ivan sues Beth?
Federal district court and Missouri state court
Which of the following is true of subject matter jurisdiction on the basis of diversity of citizenship?
In a diversity-of-citizenship case, a federal court will apply state law.
Attorneys who are part of the executive or midlevel management team of large companies are known as
In-house counsel
Beth, a resident of the state of Missouri, is driving her boat on a lake in Missouri when she negligently hits a boat driven by Ivan, a resident of the state of Arkansas. Ivan is injured in the accident and suffers damages totaling $550,000. This accident only involves state negligence law. There is no federal law involved in this case. If Beth loses at trial in a state court and loses on appeal at the highest court in the state, does the US Supreme Court have jurisdiction to hear the case on appeal? If so, why?
No, because the US Supreme Court does not have jurisdiction over cases in state courts that do not involve federal law
The complaint and summons and answer are filed during the ___________ stage of litigation.
Pleadings
Beth, a resident of the state of Missouri, is driving her boat on a lake in Missouri when she negligently hits a boat driven by Ivan, a resident of the state of Arkansas. Ivan is injured in the accident and suffers damages totaling $550,000. This accident only involves state negligence law. There is no federal law involved in this case. If Ivan files a law suit against Beth, Ivan will seek a _________.
Remedy at Law
In the Dread Pirate Roberts case, U.S. Ulbricht, 31 F. Supp. 3D 54D (S.D.N.Y. 2014), one of the issues that the court addressed was whether bitcoin is currency for purposes of the money laundering statutes. In this case, the court
Ruled that someone can violate the money laundering statute by using bitcoin
Which of the following is an example of equitable relief? A) fine imposed for speeding B) a breach of contract C) specific performance D) a statutory scheme
Specific performance
To have _____ to file a lawsuit, the party must have suffered an actual injury in fact.
Standing
A business that is subject to an agency's jurisdiction is required to turn over documents relevant to determining compliance with a particular rule. (T/F)
T
Civil laws are designed to compensate parties (including businesses) for losses as a result of another's conduct (T/F)
T
Criminal laws are a protection of society, and the violation of criminal laws results in penalties to the violator such as fines or imprisonment. (T/F)
T
If state law directly conflicts with a federal law to the point that the 2 laws cannot coexist, the supremacy clause of the Constitution authorizes the federal law's preemption of the state law. (T/F)
T
State courts cannot have concurrent jurisdiction with federal courts. (T/F)
T
The powers of an administrative agency to carry out the enabling statute are exercised through rule making, enforcement, licensing, and adjudication. (T/F)
T
The powers of an administrative agency to carry out the enabling statute are exercised through rulemaking, enforcement, licensing, and adjudication. (T/F)
T
Venue is a determination of the most appropriate court location for litigating a dispute. (T/F)
T
Which of the following is not a part of the Central Hudson Gas test?
The restriction does not include political speech by the corporation
Under the Federal Arbitration Act (FAA), which of the following is not a valid reason for a court to set aside a private arbitration award?
The arbitrator was chosen through the American Arbitration Association.
The state of Missouri has just passed a law that prohibits men over the age of 21 from purchasing alcohol. The law does not apply to women over 21. Several men are challenging the constitutionality of the law as a violation of the equal protection clause. What standard of review will the court apply in reviewing the constitutionality of the statute?
The intermediate scrutiny test
In the Bad Frog Brewery case, the government should have suggested an alternative to a complete ban on the use of the proposed beer label, such as allowing use in a liquor store but prohibiting the use in a grocery store. This would address which part of the Central Hudson test?
The restriction is not too broad to achieve the government's interest ("narrow tailoring")
What is the primary purpose of state long-arm statutes?
To authorize personal jurisdiction over nonresident defendants
Which of the following is the primary purpose of state long-arm statutes?
To authorize personal jurisdiction over nonresident defendants
The party petitioning or asking for an appeal is called the _______.
appellant
An administrative law judge is typically an ________ who is employed by the agency to adjudicate disputes.
attorney
For which of the following is a license issued by a federal, rather than a state, agency? A) lawyers B) broadcast frequencies C) hairstylists D) physicians
broadcast frequencies
Congress authorizes the National Highway Safety Administration to regulate any trucking company engaged in interstate commercial activity. Which enumerated power is Congress exercising?
commerce
Marlowe is a customer at General Store. He is injured while attempting to lift a heavy lawn ornament off of a display shelf at the store. Marlowe sues General Store, claiming that the ornament was not sufficiently secured. If Marlowe wishes to obtain an oral statement from a witness who was at the scene of the incident, what is the appropriate method of discovery?
depositions
Depositions take place during the ___________ stage of litigation.
discovery
Each act of federal legislation or regulation must come from within one of the very specific ____ powers in the Constitution.
enumerated
Specific powers granted to the three branches of government in the Constitution are known as ___________ powers
enumerated
example of preemption
federal automobile safety regulation
Example of Judicial Review
federal law invalidated as unconstitutional
example of tax and spend power
federal law with conditions on highway funds
Proposed agency rules are published in the _____.
federal register
Some agencies monitor compliance with regulations by conducting ________ of a business.
inspections
Marlowe is a customer at General Store. He is injured while attempting to lift a heavy lawn ornament off of a display shelf at the store. Marlowe sues General Store, claiming that the ornament was not sufficiently secured. If Marlowe wishes to obtain written answers to questions from General Store's manager about the condition of the display case, what is the appropriate method of discovery?
interrogatories
Which of the following is not an enumerated power of Congress? A) Regulating interstate commerce B) Spending government funds as necessary and proper C) Setting bankruptcy laws D) Judicial review E) Taxing the citizenry
judicial review
example of commerce power
law banning racial discrimination at hotels
A state family court that hears only divorce and child-related matters would be said to have ________ jurisdiction.
limited
Two parties agree to hire a neutral third party who is trained to negotiate a resolution to the dispute, but no decision is rendered by the neutral party. This form of ADR is ________.
mediation
The power granted by the supremacy clause to override a state law is called _____.
preemption
What step comes directly prior to public comment in the rulemaking process?
proposed rule publication
Which of the following is not a major source of administrative law? A) the Constitution B) enabling statutes C) the Administrative Procedures Act D) public opinion
public opinion
Congress passes a law that limits late fees on credit cards. Big Bank challenges the law as an unconstitutional exercise of federal power. In determining the constitutionality of the law, which standard of review will the court apply?
rational basis
Congress passes a law that requires all licensed stockbrokers to pay into a client security fund that is made available for consumers who were victims of broker fraud. Several stockbrokers challenge the law as an unconstitutional exercise of federal power. In determining the constitutionality of the law, which standard of review will the court apply?
rational basis
Administrative agencies exercise their policymaking function through _____.
rule making
The power of preemption is derived from
supremacy clause
Under the Federal Arbitration Act (FAA), a court may set aside the award of an arbitrator if ___________________.
the arbitrator exceeded his or her explicit powers
In Gonzalez v. Raich, patients who were prescribed medical marijuana sought to prevent enforcement of the federal Controlled Substances Act (CSA) in medical marijuana cases. They claimed enforcement violated the Commerce Clause because the medical marijuana was cultivated and possessed within state borders and did not enter the stream of commerce. The U.S. Supreme Court decided
the government had a rational basis for believing that locally cultivated marijuana would end up in interstate commerce
Which of the following is an application of the power granted to the U.S. Congress by the Commerce Clause?
to ban discrimination in places of public accommodation such as restaurants
A discretionary order issued by the Supreme Court and other federal courts granting a request to argue an appeal is called a _______.
writ of certiorari
Natural Foods Inc. (natural) is a Nevada-based firm that sells organic beef. On Natural's website, customers throughout the US can order beef to be shipped from Natural's ranch in Nevada to any city in the US when ordering, customers provide their credit card info and can sign up to receive newsletters. Johanna, a resident of Florida, orders beef via Natural's website and become sick after eating the product. Johanna sues Natural in a Florida court. Does Natural have sufficient contact for the Florida court to have personal jurisdiction over the company using the Zippo sliding scale standard?
yes, because the website activity is an integral part of the business model