BLAW
Which of the following, if false, likely constitutes a defamatory statement?
"He was fired from his last job for stealing."
In the movie, To Kill a Mockingbird, lawyer Atticus Finch implores the jury:
"In the name of God, do your duty!"
Which of the following statements are true with respect to civil negligence lawsuits?
Nearly all civil tort lawsuits are settled without the need of a trial.
Sam is a twelve year old boy. One day, he decides to take his mother's car out for a joy-ride. Sam does not have a permit or license. During his joy-ride, he crashes into his neighbor's parked car and causes $8,000 of damage. Under what standard of care will Sam be judged?
The reasonably prudent driver standard.
What is included in the "opportunity to be heard" requirement of procedural due process in a civil case?
The right present evidence in a fair tribunal and challenge the allegations against you.
The "Responsible Corporate Officer Doctrine" is:
A theory of criminal liability that holds high ranking corporate managers criminally liable for corporate conduct that violates criminal statutes.
Which of the answers best completes the following statement? "Discovery" is:
a pre-trial procedure whereby each party attempts to determine what evidence will be presented at trial by the other parties.
Industrial Manufacturing, Inc.(IMI) markets its products nationwide. When making a decision, ethical considerations would encourage IMI to take into account the needs and interests of:
all of the above.
The power possessed by the modern U.S. Supreme Court to interpret the meaning and law of the U.S. Constitution comes from:
an early U.S. Supreme Court decision declaring such a power as unique to the judiciary.
Kailey purchased a pork sausage and pepper sandwich at Gumball Pavilion during a recent UYukon women's basketball game. As she bit into a piece of sausage, she bit down on a fragment of pig bone approximately ½" long, causing severe dental injuries. In order for Kailey to recover in a product liability lawsuit against Gumball, she will have to convince a jury that:
the reasonable consumer should not expect to find bone fragments of that size or type in his or her sausage.
The period of time within which a civil lawsuit must be filed following the event giving rise to the claim is determined by:
the statute of limitations.
Which of the following statements are true with respect to arbitrations? The law presently favors enforcement of arbitration clauses in contracts:
unless the clauses specify a procedure that is unfair.
Which of the following statements is true with respect to civil law and criminal law?
Civil law determines wrongful conduct suffered by a person or party while criminal law determines wrongful conduct against society.
Without obtaining his permission, a soap company runs a TV ad using a vocal sound-alike for Bob Skates, a popular singer with a distinctive voice. Bob likely has a cause of action against the soap company for which of the following:
Commercial Appropriation.
The pleading that initiates a civil lawsuit is called the:
Complaint
legal realism
"the law in action". What law enforcers actually do and what people actually do in response constitutes the law 25 mph speed limit example -- no one actually drives that slow, so the law is actually 30 (the law is what people do) Female judges lenient on males, male judges lenient on females
Which of the following circumstances increases the likelihood of the U.S. Supreme Court granting a writ of certiorari? I. The US Government is one of the parties. II. Two or more US Courts of Appeal have rendered decisions in similar cases but reached different conclusions. III. The petitioner had exhausted her judicial options through a state court system.
1 and 2
Which of the following is NOT one of the goals enumerated in the preamble to the US Constitution as being sought by "We, the people of the United States?" I. Insure equality of opportunity. II. Provide for the common defense. III. Establish justice.
1
With which category of law is a person in the United States most likely to interact on a regular or daily basis? I. State law of police powers II. Federal law of police powers III. Federal law of enumerated powers
1
Which of the following parties are considered stakeholders in a business? I. employees and retired employees II. customers and prospective customers III. competitors
1 2 and 3
Gus Burton wants to file a lawsuit claiming that a Connecticut state consumer protection statute that forbids him from denying his business services to customers based on the customer's gender identity interferes with his Freedom of Free Exercise of Religion as guaranteed by the U.S. Constitution. In what court(s) may he properly file the lawsuit? I. US Supreme Court II. Connecticut Superior Court III. US District Court
2 or 3
The decision of a jury finding facts in a civil lawsuit is called:
A Verdict
Depositions are:
A method of "discovery" involving oral testimony made under oath.
Which of the following is not an inherent characteristic of law?
Achieving justice.
Which of the following statements is true with respect to imposing monetary fines as criminal penalties on corporations?
All of the above are true.
Which of the following is/are true statements describing the difference(s) between law and business ethics?
All of the above describe differences between law and ethics.
Which of the following characteristics of witnesses can lead to problems in discovering the true facts through a judicial proceeding?
All of the above may have an effect on discovering the truth in trial.
Which of the following acts resulting in injury would be negligence per se?
All the above acts are negligence per se.
Alpha, Beta, and Omega are partners in an accounting firm. The partnership agreement is silent about the payment of salaries and the division of profits and losses. Omega is responsible for bringing in 50% of the business, and Alpha and Beta 25% each. Alpha works full-time in the firm and Beta and Omega each work half-time. Beta invested $120,000 in the firm, Alpha and Omega invested $60,000 each. How should profits of $ 60,000 be divided?
Alpha $20,000, Beta $20,000, Omega $20,000
Rowena Manfredrick, a black female, applied for a cashier's position at Shop A Lot Supermarket. After completing her application, she was asked to take a math test and a general intelligence exam. Rowena did not get the job. She later learned that Shop A Lot only administers the math test and intelligence exams to applicants of color. Shop A Lot says that its experience demonstrates that employees of color do not work out well as cashiers unless they have a certain score on these tests. Which of the following statements is true?
Ames' testing policy is likely a violation of Title VII.
Licensed social workers, Chelsea and Trevor, formed an LLC and named it "Too Crazy to be Straight, LLC." When they opened their counselling business, the sign over the door and all the advertising said, "Seriously Sober Consultants." Which of the following statements is true with relation to Chelsea and Trevor's conduct?
As long as they file a trade name certificate with the town where their business is located this is a legal and common form of doing business.
Suppose that traffic studies conducted by the state of Atlantica (a fictional state in the USA) confirmed a sharp increase and a continuing upward trend in serious injuries resulting from car collisions attributable to distracted drivers. Which of the following statements is the best description of the course of action that Atlantica should take to address the problem?
Atlantica may do any or all of the above but there is no way to effectively anticipate which, if any of the above methods, would be effective in reducing the incidents of distracted driving crashes
Handel stopped his car at the stop sign at the corner of Oak and Main intending to proceed across the intersection. Bach was driving a car approaching the intersection from Handel's right. Handel proceeded into the intersection and the cars collided. Bach sues Handel for negligence for proceeding into the intersection when it was unsafe to do so. Handel defends Bach's claim by alleging negligence on the part of Bach for driving at an excessive speed. Handel claims that if Bach had been driving the speed limit, the collision would not have occurred. Which of the following statements is true with respect to the case?
Bach's percentage of negligence in causing the incident must be compared to Handel's.
A legal business entity that requires owners to pursue some general public benefit yet retain a liability shield for personal assets against business claims is called a:
Benefit Corporation
What standard of proof is required of the government in proving a criminal case against an accused?
Beyond a reasonable doubt
Joanna is a bartender at Hopsapalooza, Inc. a national chain of brew-pub restaurants. The Hopsapalooza employee manual contains an explicit instruction for bartenders to require customers to provide valid proof of age before serving alcohol. A specific prohibition of serving alcohol to under-aged drinkers is also included. If Joanna, during her employment shift and in the regular course of her duties fails to check customer identification and serves alcohol to under-aged drinkers, who is likely criminally liable:
Both Joanna and Hopsapalooza, Inc.
Which of the following statements is true regarding cases involving personal jurisdiction arising from disputes over business done on the internet?
Cases involving business conducted over the internet often present new and unique challenges for determination of personal jurisdiction.
Which of the following statements best describes the concept of "thinking like a lawyer?"
Considering how to fashion an argument that advocates for a specific outcome based on the rule of law.
Which of the following statements is NOT a part of the process of Legal Reasoning?
Considering the social, political and cultural effects of potential rulings in the subject case.
Which of the following statements is true with respect to corporate political speech?
Corporations may spend unlimited funds on political contributions and advertising on behalf of candidates running for elective office.
Which of the following is a true statement with respect to the resolution of disputes by the process of Arbitration?
Courts may order parties to arbitrate disputes only if they have previously agreed by contract to do so.
What factors distinguish criminal law from civil law?
Criminal law addresses a wrong against society; civil law addresses conflicts between two or more parties.
Bobbie is the day manager of the local Pharma Corner Drug Store in rural College Town, North Dakota. Pharma Corner is a national drug store chain. When the new Sports Illustrated Swim Suit Edition magazines arrived, Bobbie had her employees put them on the magazine rack in the usual fashion for displaying the magazine. When local shopper Tillie Kirklady saw the cover picturing a young female model in a skimpy bikini, she complained to her husband, the local sheriff. Sheriff Kirklady served a criminal summons on Bobbie for promotion of pornography. The Sheriff issued a press release stating, in part, "it's time that good, decent people sent a message to these New York and L.A. magazine editors that we have enough of their smut and filth." Which of the following statements is likely true.
Criminally prosecuting Bobbie in rural North Dakota is likely to have little effect on what content national magazine editors choose to run in the magazines.
Which of the following kinds of expression do not receive constitutional protection?
False or misleading advertising.
Which of the following statements is true with respect to the legal obligations of the directors of a corporation?
Directors may legally consider socially responsible policy that fails to maximize short term profit as long as long term profit may be expected.
Dave negligently crashed into the rear of Ken's car as Ken was turning right into his driveway with his right turn signal engaged. Ken was not injured in the collision but the contact of the vehicles knocked the rear bumper off of Ken's car and on to the ground. Barbie, Ken's wife, was inside the house cooking supper when she heard the crash. She ran outside without shutting off the burners on the stove and soon the house caught fire. Ken, attempting to run into the house to save the family dog, tripped over the rear bumper and fell, breaking his leg. If Ken sues Dave for his broken leg, which of the following statements is true?
Dave is liable to Ken only if Ken's injuries were a reasonably foreseeable result of Dave's negligent conduct.
When a state requires partnerships to file the partnership name with the state, these statutes:
Do not affect the creation of a partnership, but may result in a fine for failure to file.
"Ethical conduct" means:
Doing what is right regardless of the consequences.
Which of the following statements is true with respect to the election of members of Congress?
Election campaigns are expensive and candidates for Congress regularly accept campaign contributions from interest groups who later lobby the Congressional member to advocate for laws.
Max bought property in Storrs, CT bordering the UConn campus and soon began building a house on his property. UConn is a state university. One week later, he received a letter from the State of Connecticut informing him that the state was going to condemn his property in order to build a new parking garage for the University. The power under which the state may attempt to take this type of action is called:
Eminent Domain
Fruity Loop, a hip-hop artist, employed a booking agency Nanosounds, Inc. to find and book concerts and make all travel arrangements for his next national tour. When Nanosounds, Inc. employees book concerts and travel arrangements for Fruity Loop, they are acting with _______________.
Express Authority
Which of the following statements is true with respect to constitutional liberties?
Fundamental liberties protected by the constitution are regularly defined, determined, modified and interpreted by the courts.
In which of the following forms of doing business does the death of one of the owners cause dissolution?
General Partnership
Hamilton is a partner in an Accounting firm with Frank and Reynolds. Frank and Reynolds would like Gordon to join the firm as a partner. Which of the following statements is true?
Gordon may join the firm as a partner only if Hamilton agrees.
Following a highly publicized case where a dog was left to freeze to death in a backyard in Connecticut during a bitter cold spell, Congress enacts a national animal welfare law criminalizing such neglectful behavior. Following the death of her dog under similar circumstances, Eunice, a Connecticut resident, is arrested and charged under this federal law and files a lawsuit challenging the constitutionality of the federal law. What is the likelihood of success on her claim?
High, because Congress does not have any power to make laws regarding local pet ownership, care and conduct.
Jaxson Pollup, a billionaire art collector, is interested in acquired a painting by Andy Warhol entitled "Orange Fruitcake." He hires professional art dealer Maximillian Urquhart to negotiate for the painting on his behalf without disclosing the agency relationship to the seller. Pollup's instructions to Urquhart are to spend no more than $1 million for the painting. Urquhart negotiates with the Seller over several months and comes to an agreement to purchase the painting for $890,000. The seller has the painting delivered to Urquhart's gallery, but when the payment becomes due, Pollup fails to make the payment. If the Seller sues for breach of contract, which of the following statements is true?
If Urquhart is found to be liable under the contract to the seller, then Pollup must indemnify Urquhart for any money that he must pay the seller as damages.
Which of the following factors is NOT generally recognized as contributing to the difficulty of obtaining justice in a civil lawsuit?
If jurors are confused by the evidence, they may ask for clarification and additional testimony during the trial.
The principal distinction between a "Civil Law" system and a "Common Law" system is:
In a Common Law system, the decision of judges are law and have precedential influence of cases that follow while in a Civil law system, judge's decisions are not binding on future judges.
Marsha was driving through an intersection in a private shopping mall parking lot. Jan, an unemployed 18 year old with no savings or assets, was approaching the intersection from Marsha's right. The stop sign that controlled traffic in the direction of Jan's travel had fallen down when a snow plow accidentally knocked it over the day before. The word "STOP" and a white line were painted on the road facing Jan's direction of travel. Jan streaked through the intersection without slowing or stopping and struck Marsha's car broadside. Marsha suffered the total loss of her car and serious bodily injuries. While investigating the incident, it was determined that Jan did not maintain liability insurance coverage on her car, even though it was required by law. Which of the following statements is true?
Jan's lack of liability insurance coverage has a substantial bearing on what kind of claim Marsha makes and against whom a lawsuit should be filed that will likely result in Marsh receiving compensation.
Jeff is a waiter at Just Eats Restaurant. During working hours, Jeff negligently drops a plate of steaming hot food onto a customer. He knew that the food was at such a temperature that burns would result if spilled. Who will be liable to the customer for her burns?
Jeff and Just Eats.
The Ohio State University football team travelled to California to compete in the Rose Bowl football game against Stanford University. While there, Ohio State Coach, Rural Flyer (an Ohio resident), is driving a rented car to a pre-game media event when he negligently disregards a traffic signal and crashes his car into a busload of high school all-star band members who were in town to play in the Rose Bowl parade. Several band members were injured including Wilma from the State of Washington, Omar from the state of Oregon and Calvin from the state of California. Flyer got into a verbal argument with Bubba, the California bus driver that ended when the bus driver struck Flyer several times on the back and shoulders with a replica of the Stanford tree mascot. Police arrested the bus driver and sent Myer to the hospital in an ambulance. As a result, Flyer missed the game. When he returned to Ohio, the University fined him $1M for "misconduct" under his employment contract with the University. If Flyer sues the University of Ohio for breach of contract, which of the following statements is true?
Jurisdiction is proper only in the Ohio state courts.
The Ohio State University football team travelled to California to compete in the Rose Bowl football game against Stanford University. While there, Ohio State Coach, Rural Flyer (an Ohio resident), is driving a rented car to a pre-game media event when he negligently disregards a traffic signal and crashes his car into a busload of high school all-star band members who were in town to play in the Rose Bowl parade. Several band members were injured including Wilma from the State of Washington, Omar from the state of Oregon and Calvin from the state of California. Flyer got into a verbal argument with Bubba, the California bus driver that ended when the bus driver struck Flyer several times on the back and shoulders with a replica of the Stanford tree mascot. Police arrested the bus driver and sent Myer to the hospital in an ambulance. As a result, Flyer missed the game. When he returned to Ohio, the University fined him $1M for "misconduct" under his employment contract with the University. Omar's damages are less than $75,000. If Omar wants to sue Flyer in Ohio, which of the following statements is true?
Jurisdiction may be proper, venue is not in Ohio state courts.
Which of the following forms of business structure provides limited liability for the personal assets of the owners?
LLC
Metzger, an investigative journalist for the Beltway Journal, is investigating allegations of corruption by Senator Sleezby. She meets with two persons employed in Sleezby's office who produce copies of checks from wealthy donors and tell her that Sleezby is illegally exchanging votes for campaign donations. The Journal publishes Metzger's story about the alleged bribes. The story turns out to be false, and the checks are fakes. If Sleezby sues the paper for libel, the newspaper's best defense is:
Lack of Actual Malice
Which of the following statements is true with respect to law-making by legislative bodies?
Legislatures are heavily influenced in law-making by lobbying and campaign contributors.
What are "dead peasant" insurance policies?
Life insurance policies purchased by an employer that pays the employer a death benefit in the event of an employee's death.
Dirk was fired by Arnold, his employer, because Arnold feared that his wife, also an employee, was finding Dirk attractive and might want to have an affair with him. If Dirk sues Arnold for wrongful discharge he will likely:
Lose because of the employment at will doctrine.
Bradley was driving to class at State U in a bad snowstorm, travelling 35 MPH on a state road with a posted speed limit of 35 MPH. He failed to negotiate a curve in the road and his car skidded onto the sidewalk and struck Marcea who was walking to class. Marcea suffered serious bodily injuries. When Marcea sued for negligence, Bradley raised the defense that he was driving within the posted speed limit. What is the likelihood of success of Bradley's defense?
Low, because Bradley's legal duty is to act as a reasonably prudent driver, which includes adjusting speed for road and weather conditions.
Rex has a 200 lb. pet chimpanzee in his backyard. One day, his chimp escapes. The chimp wreaks havoc on the neighborhood and bites Norman, one of Rex's neighbors. Noman sues Rex for his injuries. If Rex defends the claim by alleging that he acted as a reasonably prudent keeper of chimpanzees, what is the likelihood of success of his defense?
Low, because Rex is strictly liable.
How is the relevant standard of care established in a medical negligence case?
Medical experts within the same medical field provide testimony under oath establishing the standard of care applicable to the particular case.
Shantrel sues Gregorian for pain and suffering after Gregorian negligently caused the death of Shantrel's cat. What type of damages are these?
Non-economic damages.
When judges make decisions interpreting the language of statutes, there are several mechanisms for interpretation that are recognized as acceptable bases for judicial interpretation. Which of the following is not among those accepted mechanisms?
None of the above are among the recognized mechanism.
Which of the following actions undertaken by a government illustrate the use of police powers?
None of the above is an example of the exercise of police power.
Which of the following statements is true with respect to trials in the court system?
None of the above is true.
Assuming that the government has paid or offered to pay just compensation in each case, which of the following actions of government would, nonetheless, be an unconstitutional seizure of privately owned land?
None of the above is unconstitutional.
John and Bob, a same sex couple were legally married pursuant to Connecticut state law. When they arrived at the "Wedding Palace" restaurant for their previously arranged reception, they were met at the door by the manager who told them that the restaurant was canceling the reception due to complaints received from other customers. What provision of the U.S. Constitution has the "Wedding Palace" violated?
None, unless "state action" is involved.
Paranoid Co. adopts an employment policy requiring all employees to remain single during the time they work for the company. If the company discovers that an employee is married, the company will fire that employee. What provision of the U.S. Constitution does the company violate by instituting this policy?
None, unless state action is involved.
Jen got really angry with Chad when he left her for Angelica. She spent the entire next day, alone, thinking about how she could hire someone to break his kneecaps with a baseball bat. Jen may be prosecuted by the state for what crime?
None. Jen has not, yet, committed any crime.
On January 2, Uber-Gas Energy Company secured a lease to drill for liquid natural gas on property owned by Burns. By March 1, drilling had begun in earnest. The drilling process involves period release into the air of solvent and caustic chemicals emissions such that all Uber-Gas employees work in HazMat suits. Almost immediately, members of the Jackson family, who lived next door to the Burns property, began to regularly experience headaches, nose bleeds and shortness of breath. Their doctors determined that their conditions likely resulted from the release of caustic emissions from the drilling operation. If the Jacksons file suit against Uber-Gas, what claims may they make that will likely be successful? They may sue for:
Nuisance, because the drilling interfered with the Jackson's peaceful enjoyment and use of their property.
A door in the University's School of Business bears a sign that reads "Emergency Exit Only." Students use the door regularly to exit the building for their convenience in non-emergency situations. Which of the following statements is the most likely cause for the students' non-compliance?
Opening the door does not trigger an alarm or any other enforcement action.
Which of the following statements is true with respect to negotiation of a legal dispute?
Parties may negotiate to resolve their legal disputes anytime including before or after a lawsuit is field or before or during a trial.
Which of the following statements identifies a potential problem with using an adversarial system to resolve civil disputes?
Parties with access to superior resources can fight harder and longer than parties with fewer resources.
Which of the following statements is true with respect to Adam Smith's theories of the Free Market?
People feel good when they help others to feel good. Therefore, businesses owners are naturally inclined to conduct business with customers and competitors fairly and ethically.
judicial restraint
Philosophy that the courts should allow the states and other two branches of the federal government to solve social, economic, and political probs
Judicial activism
Philosophy that the courts should take an active role in solving society's problems Does the judge feel free to interpret statutes and the constitution liberally to seek a preferred public policy? If you believe that rights come from god then u have to believe in judicial activism Rick santorum beleives that the government has to allow rights yet he also says that rights come from god?? Makes no sense, speaking two inconsistent ideological views
The diversity of interests and opinions held by individual voters and expressed by the general electorate, collectively is referred to as:
Pluralism
Ben, a Cincinnati Bengals football team fan, keeps a full grown Bengal Tiger in his home as a pet. He has a 12 foot high electrified fence around his property to keep the tiger in and the people out. One day, an electrical overload knocks out the electricity to Ben's neighborhood and the tiger escapes and mauls Polly, Ben's neighbor, inflicting serious personal injuries. Polly sues Ben. The court is likely to rule in favor of:
Polly, because Ben owed an absolute duty of care to prevent harm from coming to anyone, with the possible exception of trespassers, as a result of his keeping of a tiger.
Natural law theorists would argue that even convicted murderers should have the right to live. In the majority of the United States and under U.S. Federal law, the death penalty is imposed for murders committed under certain exceptional circumstances. In those states and under federal law, Natural Law theory is superseded by what legal philosophy?
Positive Law Theory
Clayton Fanning is an All American College quarterback. In the last game of the season, Clayton is tackled roughly by Wide Girth, an opposing player who is flagged for a penalty for unnecessary roughness. Clayton suffers a concussion from the tackle and must sit out the league championship game, which his team loses. Is Girth liable for battery?
Probably no, because physical contact is reasonably expected in football and is part of the game.
A group of medical doctors sued the federal government claiming that regulations that establish set amounts of reimbursement for described medical procedures deprives them of the liberty to contract with their patients for payment of higher amounts for their services. What level of means/ends scrutiny should the court use in evaluating their claim?
Rational Basis Scrutiny because the liberty of contract is an economic right.
The City of Bosephus (a fictional city in the U.S.A) passes a law that requires all businesses that serve food to play only country music songs for the customers during all serving hours. Jazz Man, the owner of the "Satchmo's Sandwiches Restaurant" challenges the law as being a denial of Equal Protection of the Laws because food service establishments were being treated differently from other businesses where customers receive services, such as bowling alleys, insurance agencies and grocery stores. In deciding the case, the court should use:
Rational Basis Scrutiny, because the difference in treatment is based on commercial distinctions.
Which of the following is among the Caux Round Table Principles for Responsible Business?
Respect Stakeholders Beyond Shareholders.
Shantel, manager of Central, Inc. engages in a scheme to pad the bills of the repair shop's customers. She adds an additional hour to every repair bill, defrauding customers of thousands of dollars. The Attorney General conducts an investigation and determines that the president of the company did not participate in the scheme but was aware of and tolerated it. Who is likely to be found guilty of consumer fraud?
Shantel, Central Auto Repairs, Inc and the president
Which of the following statements best describes the concept of stare decisis?
Similar cases should be treated similarly.
Skatenation, Inc. manufactures skateboards, which it sells to Sparky's Sporting Goods Outlet. Sparky's sells Skatenation boards to consumers, including Raheem. Raheem is injured while using the board. If the board is defectively manufactured so as to create an unreasonable risk of harm and Raheem brings a product liability suit, Raheem may recover from:
Skatenation or Sparky's.
Which of the following statements is true with respect to "special Interest groups"?
Special interests groups have more direct influence on legislative public policy making than elections and voters.
When the United States President came to town for a visit, John sat on his front porch holding a sign that said, "The President Stinks!" A local city police officer ordered John to take down the sign or he would be arrested for disorderly conduct and inciting a riot. John refused to take down the sign and he was arrested. John challenged his arrest as an unconstitutional infringement on his liberty of free speech. What standard of scrutiny should the court use in evaluating whether or not John's arrest was constitutional?
Strict Scrutiny
The legislature of the State of Michunga (a fictitious state in the US) banned all visual media advertising that is directly targeted at children, including advertising on social media, in video games or in mobile apps. Spacebook, a popular social media company filed suit challenging the law as an unconstitutional infringement on commercial speech. If Michunga is able to convince the court that its goals in passing this law address a substantial governmental interest, what else must the court find in order to rule that the law is constitutional?
That the law directly advances the substantial government interest without being overly restrictive of expression.
Suppose a state statute requires that persons of Mexican descent must show proof of legal employment in order to apply for a driver's license. If the law is challenged on the basis of equal Protection, the state will have to prove:
That there is a compelling interest that necessitates this regulation which cannot be achieved by less intrusive regulation.
When the United States President came to town for a visit, John sat on his front porch holding a sign that said, "The President Stinks!" A local city police officer ordered John to take down the sign or he would be arrested for disorderly conduct and inciting a riot. John refused to take down the sign and he was arrested. John challenged his arrest as an unconstitutional infringement on his liberty of free speech. If the First Amendment to the Constitution says that "Congress shall make no law . . . abridging on the freedom of speech," what must John claim in order to prove a violation of the U.S. Constitution by the local city police officer?
The 14th Amendment's prohibition against the state's denial of "due process of law" incorporates the free speech guarantees of the First Amendment to be applicable against the state governments as well.
The legislature of the State of Michunga (a fictitious state in the US) banned all visual media advertising that is directly targeted at children, including advertising on social media, in video games or in mobile apps. Spacebook, a popular social media company filed suit challenging the law as an unconstitutional infringement on commercial speech prohibited by the First Amendment to the Constitution. Since the first amendment directs that "Congress shall make no law" infringing on free speech, how can Spacebook use the First Amendment to challenge the state law?
The 14th Amendment's requirement that states accord "due process of law" incorporates the First Amendment free speech guarantee making it applicable to the states.
The legislature of the State of Michunga (a fictitious state in the US) banned all visual media advertising that is directly targeted at children, including advertising on social media, in video games or in mobile apps. Spacebook, a popular social media company filed suit challenging the law as an unconstitutional infringement on commercial speech. What legal standard should the court use to evaluate the constitutionality of the statute?
The Intermediate Scrutiny Test
Following her arrest for drunk driving by the Los Angeles police department, Amander Whines, a young movie starlet, tweeted a plea urging the U.S. President have the arresting officer fired. Which of the following statements are true with respect to governmental powers under these circumstances?
The President does not have the power to fire local police officers because no such powers are granted to the federal government by the US Constitution.
Which of the following is true with respect to ownership of private property?
The government may take private property away from an owner but only if it is to make public use of the property and if just compensation is paid.
The institutional foundation for American law comes from:
The United States Constitution.
Sharyn was standing in line at a concession stand at Gumball Pavilion during a recent UYukon basketball game. Suddenly, without warning, an aluminum sign honoring past UYukon players that had been affixed to the wall above the concession stand fell. The sign struck Sharyn causing her injuries. Because all the evidence was cleaned and removed before she was released from the hospital one week later, Sharyn, in her lawsuit for negligence against Gumball Pavilion, is unable to prove exactly what conduct constituted breach of duty on the part of Gumball. If Sharyn is able to show that the injury would not have occurred but for someone's negligence and that the sign was in the exclusive control of Gumball, what effect, if any, will it have on her case?
The burden of proof will be shifted to the defendants to prove that they were NOT negligent.
Which of the following statements best describes an advantage of the corporate form of doing business?
The business entity may have perpetual existence.
The City of Tatooine urban development plan calls for widening one of its main streets. Because of the addition of lanes, the city will have to take frontage from the businesses located along the street but none of the businesses will be required to move. Which of the following statements is true?
The city must compensate the businesses for the taking.
In a case before the US Supreme Court, the lawyer for the State of Oklabama (a fictional state in the US) has argued that a prior US Supreme Court decision sets a precedent that is controlling in the present case. If a majority of the justices hearing the case believe that the prior case no longer has rational application to modern society, what course of action may the justices take in deciding the present case?
The concept of stare decisis allows the justices to legitimately make a ruling that does not follow the prior case because it is no longer relevant.
Which of the following statements is true with respect to the constitutional rights of an accused criminal defendant in the United States?
The constitutional rights of an accused defendant in a criminal case present obstacles that the prosecution must overcome in order to prove a case for guilt.
Jazmine entered the Dive and Slime Department Store and looked at several items to purchase. Karl, a store security guard, believed he saw Jazmine put a Taylor Swift CD in her purse. As Karl continued to watch Jazmine, he also observed her place a Kanye West CD in her purse. Karl watched Jazmine for several more minutes until his attention was diverted to several young teenagers roving the store. After 30 minutes of shopping, Jazmine paid for her purchases, which did not include any CDs. As she left the store and entered the parking lot, her path was suddenly blocked by Karl who acted in a hostile and surly manner. As a crowd of people gathered, Karl loudly called out, "You must come with me because you are a thief!" This comment was overhead by several unidentified customers who, thereafter, left the area. To secure Jazmine's cooperation, Karl jerked Jazmine's purse out of her hand, tucked it under his arm saying, "If you want this back, you'll have to come with me," and pointed the way for Jazmine to go upstairs to the security office. There her purse was searched. The search took only a few minutes and no CDs or other merchandise was found. Nevertheless, Karl told Jazmine that she must stay while he "checks with his supervisor" and he locked Jazmine in the office for 45 minutes. Jazmine subsequently suffered from panic attacks in department stores. Under the circumstances of this case, which of the following statements are true with respect to a False Imprisonment (Unlawful Restraint) claim?
The court will probably find that Karl acted unreasonably.
According to the video from the Georgia Civil Justice Foundation about jury trials:
The nation's founders saw the jury trial as an indelible shield against the tyranny they endured as colonists of the British Monarchy.
What purpose is served by non-binding arbitration?
The parties have an opportunity to present their cases and see how a neutral third party would evaluate the evidence and decide the dispute.
What is the main reason that laws are not stagnant and therefore constantly change over ti
To adapt to the changing needs of society.
"Legitimacy" in law contributes to which of the following circumstances?
The willingness of the citizenry to voluntarily comply with law.
Which of the following statements is true with respect to Constitutional interpretation by courts?
There are many and diverse theories of Constitutional interpretation employed by different judges and courts and likely based on a judge's preferences rather than on strict rules of law or interpretation.
Which among the following theories of Constitutional Interpretation represents the correct way for judges to interpret the Constitution?
There is no one correct way for courts to interpret the Constitution.
Identify the correct statement about white-collar crimes.
These crimes are committed in the professional work environment for financial gain through the use of deception.
The legislature of the State of Michunga (a fictitious state in the US) banned all visual media advertising that is directly targeted at children, including advertising on social media, in video games or in mobile apps. Spacebook, a popular social media company filed suit challenging the law as an unconstitutional infringement on commercial speech. If Michunga claims that the purpose of the law is to protect children from predatory marketing practices, this argument is relevant for what issue?
This argument is relevant to consideration of the "Ends" that Mighunga seeks to achieve by passing this law as part of the means/Ends test of Constitutionality.
The standard of care that is required for the general public is:
To act as a reasonably prudent person under all the circumstances.
What is the civil duty of care owed by a health care provider to a patient?
To provide the level of care, skill and treatment which is recognized as acceptable and appropriate by reasonably prudent health care providers under similarly situated circumstances.
Which of the following statements is true with respect to the differences between trial courts and appellate courts?
Trial courts consider evidence to determine facts and apply the law to those facts. Appellate courts do not normally find facts, but rather consider legal arguments, only.
When criminal charges were filed against former Waterbury, Conn. Mayor Philip Giordano for using an interstate communication device to solicit sex from minors, the charges were filed in the trial court of original general jurisdiction in the Federal court system. This court is called the:
U.S. District Court
The state of New Dakotavada (a fictional state on the US) adopts legislation making it illegal for a person of the Islamic faith to marry a person who is not of the Islamic faith. If the constitutionality of the law is challenged in court, the law will likely be determined to be:
Unconstitutional, because it infringes on the fundamental liberty of marriage without a being necessary to fulfill a compelling state interest.
exceptions to judicial legitimacy
Well recognized exceptions Prior mistake No longer applicable Distinguishing on the facts Cone of uncertainty -- weather map example
The Legal Realist school of jurisprudence is best described in which of the following statements?
What lawmakers actual do in enforcing law is more important than what is written in the laws.
Suppose that in an Equal Protection case, the court has determined that "Rational Basis Scrutiny" applies. That means that the state:
Will only have to show that the law is neither arbitrary nor insane and addresses a matter within the government's interests.
Anya, a college student, overslept, missed breakfast and is late for class. Sadiq is meandering slowly up a set of stairs that Anya needs to use to get to class. Anya purposely shoves Sadiq aside and tells him, "Get a Move On!" Unfortunately, Sadiq loses his balance and falls awkwardly, breaking his leg. If Sadiq sues Anya for battery, he will likely?
Win, because although she did not intend to hurt Sadiq, Anya intended to commit the act.
When the United States President came to town for a visit, Cosmo Kramer, a coffee shop owner, put a sign in the window of his café that read, "The President Stinks!" A local city police officer ordered Cosmo to take down the sign or he would be arrested for disorderly conduct and inciting a riot. Cosmo refused to take down the sign and he was arrested. Cosmo challenged his arrest in court. Cosmo should:
Win, because he was exercising his right of political free speech.
The Eata Betta Pita fraternity hosted a party at their frat house near the UYukon campus. Harley Foolsmithington, a 19 year old sophomore friend of a fraternity brother attended, drank alcohol, became intoxicated and drove drunk from the party. Twenty miles away from the frat house, Harley crashed into a car driven by Ashley Milquetoast causing her personal injuries. The crash was due to Harley's impaired driving. If Ashley sues Eata Betta Pita for her injuries, she will likely:
Win, because she is a foreseeable plaintiff under social host liability cases.
Following a series of notorious underage drinking parties in town, the Town of Suburbia (a fictional town in the U.S.A) passed an ordinance making it illegal to "hang out" in Suburbia. Trapezius and Monica are teenagers who live in Suburbia who stopped on a town sidewalk to talk about their prospective college applications. When a police officer drove up and asked them what they were doing, Monica said they were "chillin'." The officer issued them both tickets for violating the ordinance. If Trapezius and Monica challenge the issuance of the tickets they should likely:
Win, because the ordinance does not give fair warning of what conduct is criminal.
State laws that establish an administrative procedure for compensating workers' accidental injuries, regardless of fault are called:
Workers' Compensation Laws
When former Arizona Sheriff, Joe Arpaio, was convicted of criminal contempt of court, his trial did not involve a jury, but was held in front of a judge who both determined the facts and applied the law. This type of trial is called:
a bench trial
Suppose the U.S. Supreme Court hands down a decision in which the Court fails to follow the rules handed down in a previous U.S. Supreme Court decision on the basis that the ruling in the earlier case no longer has relevant application in modern society. This is an example of:
a legitimate exception to Stare Decisis.
Salten Peppa punched Cat Shep in the face. This action is likely:
a tort and a crime.
Civil litigation is:
a way to resolve non-criminal disputes by following a prescribed procedure in a government sanctioned court system.
A witness testifying at a trial in court has what kind of privilege to protect against defamation claims?
absolute
The drafters of the Constitution incorporated a system of "federalism" principally in order to _________.
attempt to reduce the likelihood of governmental tyranny.
In order for negotiation to be a successful method of resolving a dispute, the parties must:
be willing and ready to come to an agreement.
Which of the following is NOT a source of law?
codes of morality
A decision where one or more justices on an appellate court agree with the outcome of the majority decision, but not the legal reasoning of the majority decision is a(n):
concurring opinion
A person who intentionally commits theft of money or property over which she holds a position of trust or responsibility is most likely guilty of what crime?
embezzlment
In a case before the Connecticut State Supreme Court, the court had to decide if a "Piccolo Pete" device fell under the statutory definition of "fireworks." In deciding the case, the Court stated, ""It is well settled that in construing statutes, [o]ur fundamental objective is to ascertain and give effect to the apparent intent of the legislature." In determining that the legislative intent should guide their interpretation , the Connecticut Justices ________.
employed an accepted legal principle to guide statutory interpretation.
Which of the following statement is supported by the relevant research?
ethical people are happier
Ernie is a senior design engineer who designs and supervises the construction of a new railway line from Southeastern Connecticut to New York City. When the line fails due to faulty design and/or construction, Ernie is sued by those injured in the failure. Find the statement that correctly completes the description of the standard of care that Ernie owes to the Railroad passengers. Ernie is expected to exercise the same skill, knowledge, judgment and expertise that is:
exercised by other design engineers in his field and geographical area.
Roberto, a 30 year old black ethnic Honduran college graduate, got a job as a sales representative at Furniture Barn. After one year on the job, Roberto was the top sales rep in a sales department of 15 persons. However, the company was suffering some financial losses and decided to reduce the sales force by 20%. In the past, the company had a policy of employing a "seniority system" when it came to workforce reductions. In keeping with that system, Furniture Barn "laid-off" the last three sales reps hired, including Roberto. If Roberto wishes to make an employment discrimination claim under Title VII of the Civil Rights Act of 1964, the first legal requirement is to:
file a claim with the EEOC (Equal Employment Opportunity Commission).
Shakira and Beyonce have an enforceable recording contract which does not include an arbitration clause. Subsequently, they disagree over whether Beyonce should pay for recording rights. Beyonce files suit against Shakira in the state trial court. Shakira wants to resolve the dispute by arbitration. Under most circumstances, the court would.
hear the lawsuit and not order Beyonce to arbitrate.
Generally speaking, "dram shop laws:
impose civil liability on businesses that serve alcohol to intoxicated persons.
Legal legitimacy is important because:
it makes people more willing to follow the legal rules without complaint.
Natural law
law is based on the natural order of things and the respect for human dignity
law and economics
law is best guided by principles of rationality, efficiency, and other principles of economic theory In order to follow the law we have to believe in it, has to be objective and predictable Family leave act? - child experts testified that 6 months is the minimum and that we would have less crime in america if we had less problems with associative theory People argue that women would just have babies and have no incentive to go back to work Therefore america is the last developed country to not have paid maternity leave
Sophia, age 82 and in poor health, transferred ownership of her house into her daughter, Dorothy's, name as a matter of estate planning. Dorothy agreed to allow Sophia to continue to live in the house as long as she paid rent. When Sophia's increasing medical bills made it impossible for Sophia to pay her rent, Dorothy filed and won a lawsuit to evict her. Sophia complained to the judge that her eviction was unfair. The judge replied, "The eviction is allowed under the law." The judge's reply reflects the thinking of which school of jurisprudence?
legal positivism
Catrina was a professional tennis player. Without her knowledge or permission, Catrina's father, Campbell, contacted Tennis Tours, Inc. a sports promotion company, offering to have Catrina play an exhibition tennis match against Errol, the recent winner of the men's tournament at Wimbledon. Campbell signed a contract for Catrina to play the match within 6 months of the date of the contract. When Catrina found out about the contract, she unequivocally repudiated it. Tennis Tours sued Catrina for breach of contract. Tennis Tours is likely to:
lose, because Campbell did not have express, implied or apparent authority to act on Catrina's behalf.
Hope was a company spokesperson for St. Catherine's Hospital. One day, in doing research following a press inquiry on hospital billing practices, she discovered internal documents indicating that the hospital frequently charged patients who were not covered by health insurance at rates 5x the rates charged to insured patients. She reported her findings to the hospital CEO who told her to respond to the press inquiry without mentioning the disparity in charges. Hope protested saying that she felt it was unethical to withhold that information from the press. The next day, Hope was fired. Hope sued the company for wrongful discharge. Hope lives in a state that does not recognize public policy exceptions to the doctrine of employment-at-will. Hope will probably:
lose, because of the employment-at-will doctrine.
Prudence was a public relations officer with the BE-AY-BE-WHY, CORP., a manufacturer of play pens for toddlers. One day, in doing research for a press release on a new model of play-pen, she discovered internal documents indicating that the company's product had failed most of the internal safety tests, showing a tendency to collapse if the toddlers stood and grasped the side rails. She reported her findings to the head of quality control, who told Prudence that it was not her job to monitor safety testing and that she should, "mind her own business." The next day, Prudence was dismissed from her job. Prudence sued the company for wrongful discharge. Prudence lives in a state that does not recognize public policy exceptions to the doctrine of employment-at-will. Prudence will probably:
lose, because of the employment-at-will doctrine.
In response to a rash of physician assisted suicides, the legislature of the State of Oregonia (a fictional state in the United States of America) passes the following statute: "Any person who aids another to commit suicide shall be guilty of manslaughter." Dr. Mainland's patient, Bernice, is chronically ill with a debilitating disease that is incurable and will, ultimately, be fatal. At Bernice's request, Dr. Mainland prepares a lethal dose of medication in a syringe and then stands by while Bernice injects herself. After Bernice's death from the injection, Dr. Mainland is charged with manslaughter. If Dr. Mainland raises a defense based on Natural Law theories, what is the likelihood of his success?
low, because the statute adopted by the Oregonia legislature does not have exceptions for "justifiable" suicide.
Which of the following statements describe the most likely effect of law, generally?
maintaining social order
Since truth or falsity in a trial is determined by a jury, a witness' demeanor in answering questions:
may be more important than what the witness says.
The term "Alternative Dispute Resolution" refers to:
methods of resolving disputes other than through a trial in the judicial system.
Which answer best completes the following statement? The Miranda warnings:
must be given before a a person who is in police custody makes a statement or the statement may not be used in the prosecution.
Donna applied for three jobs. In each instance, she was not hired. Donna would have a legally viable claim for discrimination if the employer told her she was not hired because:
none of the above
How many people must have heard or read a statement for there to be publication for purposes of defamation?
one, as long as he/she is not the target of the statement.
Gunther is the sole shareholder, director and officer of Gunther's Groceries, Inc. As the manager of Gunther's Groceries, Gunther does not carefully mind the distinction between himself and the corporation. He co-mingles funds between business and personal bank accounts, regularly takes cash out of the cash register to pay personal expenses, does not create and file records of corporate meetings when he takes business actions, and generally runs the business as if he were a sole proprietor. Gunther's Groceries, Inc. defaulted on a loan owed to BlahBlah Bank. What legal doctrine or theory may BlahBlah Bank successfully employ to recover the proceeds of the debt from Gunther, personally?
piercing the corporate veil
The concept that judges employ "Legal Reasoning" (determining the legal rules from prior decisions and applying those rules to the present case being decided) is a concept that is important in order to:
portray the law as being objective, stable, rational and predictable.
Which phrase below accurately completes the statement: In applying the legal doctrine of Substantive Due Process, the Courts _______ .
protect liberties that are not specifically mentioned in the Constitution or the Bill of Rights.
The tort of intentional infliction of emotional distress:
requires proof of conduct that exceeds all bounds of decency.
The role of a judge in a civil jury trial is:
significant in that the judge determines what evidence the jury will consider, rules on motions made by the lawyers involving legal issues in the case, instructs the jury on the role of the jury in the case and the law to be applied, considers and interprets the jury's findings and rules on post-verdict motions to enter a final judgment.
Under the American Common Law system, law generally changes:
slowly, on a case by case basis.
In 2013, a town in Louisiana passed a law-making that it is illegal to wear one's pants in a way that one's undergarments were exposed above the waistband of the pants. Critics of the law have argued that the law is designed specifically to target a particular segment of society for criminal treatment. What school of jurisprudence supports the critics' position?
sociological jurisprudence
Two ways that judicial legitimacy is shown in law
stare decisis (Similar cases should be decided similarly) and precedent
Constitutional interpretation is power of
supreme court only
One of the foundations of a "Common Law" legal system is:
the decisions of judges are considered law.
A jury's determination in a civil lawsuit is based on:
the jury's impressions of the evidence presented in the courtroom.
Sociological Jurisprudence
the law is a means of ordering society, ostensibly, by powerful to preserve their own power Enhances the fortunes of some Can be used by the dominant parts of society to make it better for them
political jurisprudence
the law is not divorced or isolated from the political forces that exert influence on the general system of government Judges are elected in some states so the law is made by legislatures who are political actors
The City of Bosephus (a fictional city in the U.S.A) passes a law that requires all businesses that serve food to play country music songs for the customers during all serving hours. Jazz Man, the owner of the "Satchmo's Sandwiches Restaurant" challenges the law as being a denial of Equal Protection of the laws because food service establishments were being treated differently from other businesses where customers receive services, such as bowling alleys, insurance agencies and grocery stores. The City of Bosephus claims that its governmental interest in passing the law was part of its overall economic development plan to attract visitors from the Southern US. If the Court finds this to be a legitimate governmental interest, what else must Bosephus prove in order to win its case?
the law is reasonably related to achieving the legitimate ends and is not arbitrary.
positive law
the law is what the government says the law is
The term "prima facie case" refers to:
the obligation of a party to place before the court competent evidence on each and every element of the claim or defense proposed.
Which of the answers best completes the following statement? The burden of proof refers to:
the obligation of the party who has alleged facts to prove the facts alleged.
Nancy is shopping in Debra's Food Store when a bottle of Carbonated Cola explodes, injuring Nancy. She files suit against the bottler. Nancy can win the suit only if she can show that she:
was injured due to a defect in the product.
Jane was walking down the hall in the School of Business with her notebook computer in a bag over her shoulder. Spud ran by, grabbed the computer bag from Jan's shoulder and sped off. When Spud was found and arrested by police, Jane filed a lawsuit for, among other things, civil battery. Jane should most likely:
win
Jazmine entered the Dive and Slime Department Store and looked at several items to purchase. Karl, a store security guard, believed he saw Jazmine put a Taylor Swift CD in her purse. As Karl continued to watch Jazmine, he also observed her place a Kanye West CD in her purse. Karl watched Jazmine for several more minutes until his attention was diverted to several young teenagers roving the store. After 30 minutes of shopping, Jazmine paid for her purchases, which did not include any CDs. As she left the store and entered the parking lot, her path was suddenly blocked by Karl who acted in a hostile and surly manner. As a crowd of people gathered, Karl loudly called out, "You must come with me because you are a thief!" This comment was overhead by several unidentified customers who, thereafter, left the area. To secure Jazmine's cooperation, Karl jerked Jazmine's purse out of her hand, tucked it under his arm saying, "If you want this back, you'll have to come with me," and pointed the way for Jazmine to go upstairs to the security office. There her purse was searched. The search took only a few minutes and no CDs or other merchandise was found. Nevertheless, Karl told Jazmine that she must stay while he "checks with his supervisor" and he locked Jazmine in the office for 45 minutes. Jazmine subsequently suffered from panic attacks in department stores. If Jazmine sues Karl for Defamation, she will probably:
win
Darmoni was employed as a delivery truck driver for the HoHum Home Furnishings Store as an employee-at-will. During the course of his deliveries, Darmoni received text messages from his supervisor, Sheila, requesting regular updates as to his location and progress on deliveries. Sheila was dissatisfied with the length of time that it took Darmoni to respond to her text inquiries and formally reprimanded Darmoni and placed a notation in his personnel file complaining that Darmoni did not promptly respond to her text message inquiries. Darmoni explained that he did not want to text while he was driving and that it wasn't often practical or efficient to pull off the road to respond to the text messages. In the state in which HoHum does business, there is a law that makes texting while driving subject to a fine of $100. After another two weeks of Sheila's continued dissatisfaction with Darmoni's response time, she fired Darmoni. If Darmoni sues for unlawful discharge, he will likely:
win, only if his state recognizes public policy exceptions to the employment-at-will doctrine.
