BLAW- 1

(True or False) Administrative law includes only state regulations.

False

(True or False) Being a small-business owner means that you will never have to take on the role of finance manager, marketing manager or accountant.

False

(True or False) Common law is a term for the laws that are familiar to most of us.

False

(True or False) Common law is the same as statutory law.

False

(True or False) Criminal acts are prohibited only by federal government statutes.

False

(True or False) Government authorities cannot enforce na¬tional law.

False

(True or False) International law is the law of a foreign nation and varies from country to country. Pg14

False

(True or False) No state has adopted the Uniform Commercial Code.

False

(True or False) Stare decisis is a doctrine obligating judges to help persons who have failed to protect their own rights.

False

(True or False) State laws are the supreme law of the United States.

False

(True or False) The American Law Institute was the only organization involved in developing the Uniform Commercial Code.

False

(True or False) There is really no reason to be acquainted with business laws and government regulations, except to pass this test.

False

A closing argument is a statement by a party that results in a summary judgment in that party's favor.

False

A default judgement is a judgment entered against the party who brought the claim before the court

False

A law that has any impact on religion is unconstitutional.

False

A law that limits only some persons' exercise of a fundamental right is valid under any circumstances.

False

A motion for a new trial will be granted only if a constitutional issue is involved

False

A restriction on commercial speech is valid as long as it forbids only the expression of views on controversial issues.

False

A summary judgment is granted only if there is no genuine question of law

False

ADR proceedings are always strictly regulated by federal statutes.

False

Administrative agencies cannot make legislative rules, or substantive rules, that are as legally binding as laws that the Congress passes.

False

All states have intermediate appellate courts

False

An administrative adjudicatory hearing does not have to meet the constitutional standards of due process.

False

An agency must conduct a regulatory flexibility analysis whenever a new regulation will have an impact on a "small number of substantial entities."

False

An answer never admits to the allegations made in a complaint.

False

Any judgment is enforceable.

False

Any relevant material, except information stored electronically, can be the object of a discovery request

False

Arbitration is always legally binding.

False

Because the Constitution does not specifically a right to privacy, this right is denied to people.

False

By delegating some of its authority to make and implement laws, Congress violates the U.S. Constitution.

False

Cases involving diversity of citizenship arise only between citizens of different states.

False

Every portion of every meeting of a federal administrative agency does not have to be open to public observation.

False

Federal administrative agencies can regulate beyond the powers granted by enabling legislation.

False

Federal courts are superior to state courts

False

Federal executive agencies are outside the federal executive departments.

False

Final administrative rules do not have binding legal effect unless the courts later declare them to be binding.

False

Generally, a state court's power is limited to the territorial boundaries of the state in which it is located and the immediately adjacent states.

False

If a business firm refuses to comply with an agency's request to inspect facilities or business records, the agency must defer to the refusal.

False

If the meaning of a statute's language is unclear and an agency interprets it, a court must overturn the interpretation.

False

In most instances, an agency is not required to obtain a search warrant before a physical search for evidence is conducted.

False

Independent regulatory agencies include the cabinet departments of the executive branch.

False

Lawyers are not allowed to represent people in small claims courts in any of the states.

False

Like statutory law, administrative law is created by legislatures.

False

Negotiation is the most complex form of alternative dispute resolution

False

On a motion for judgment on the pleadings, a court may consider evidence outside the pleadings

False

Only experts can submit comments on a proposed administrative rule.

False

Rulemaking—the formulation of new administrative regulations—is a major function of Congress, not administrative agencies.

False

Small claims courts hear both civil and criminal cases

False

State courts cannot have exclusive jurisdictioin

False

The Administrative Procedure Act does not apply to a particular agency procedure.

False

The Fifth Amendment prohibits unreasonable searches and seizures of persons or property.

False

The First Amendment protects defamatory speech.

False

The First Amendment requires a complete separation of church and state.

False

The President determines the jurisdiction of the federal courts.

False

The Second Amendment to the U.S. Constitution reserves all powers not delegated to the national government to the states.

False

The amount in controversy in a diversity of citizenship case must be more than $1 million before a federal court can take jurisdiction.

False

The federal government must disclose certain records to any person or entity on written request only if there is a rational reason for the request.

False

The terms "due process" and "equal protection" mean the same thing.

False

The verdict in a summary jury trial is binding.

False

There are twelve justices on the United States Supreme Court and they all receive life-time appointments

False

There is a precise definition of what makes an administrative rule arbitrary and capricious.

False

There is one set of procedural rules for federal courts and one set for state courts

False

Under the Constitution, the judicial branch is responsible for foreign affairs.

False

Under the exhaustion doctrine, a party must feel "exhausted" about an administrative action or regulation to challenge it in court.

False

Under their police powers, states can regulate only public activities, such as political demonstrations.

False

Unlike those who violate statutes, violators of agency rules are not punished.

False

(True or False) A court may depart from a precedent if the precedent is no longer valid.

True

(True or False) A small business owner is likely to face legal questions when determining ways to reduce his small business's taxes.

True

(True or False) A state law that conflicts with the U.S. Constitution will be deemed unconstitutional.

True

(True or False) Administrative law consists of the rules, orders, and decisions of administrative agencies.

True

(True or False) Businesspersons are expected to make decisions that are ethically sound.

True

(True or False) Equity is a branch of law founded in justice and fair dealing that seeks to supply a remedy when no adequate remedy at law is available.

True

(True or False) In order to truly understand our legal system, it is important to understand the origins of the common law tradition.

True

(True or False) Law consists of enforceable rules governing relationships among individuals and between individuals and their society.

True

(True or False) Laws and government regulations affect almost all business activities.

True

(True or False) Many different laws may apply to a single business transaction

True

(True or False) Money or property, including land, remedies at law.

True

(True or False) State constitutions are supreme within their respective borders.

True

(True or False) Statutes are laws enacted by Congress and the state legislatures and comprise one of the sources of American law. Pg 6

True

(True or False) There are legal questions involved when choosing an appropriate business organizational form.

True

(True or False) There are legal questions involved when considering ways to raise capital so a business can grow.

True

A business firm may have to comply with the laws of any jurisdiction ini which it actively targets customers

True

A confederal form of government is a confederation of independent states with a central government of very limited powers.

True

A court's review of an arbitrator's award may be restricted.

True

A deposition is sworn testimony by a party to a lawsuit or any witness.

True

A law that limits the liberty of all persons may violate substantive due process.

True

A law that restricts people of a certain national origin from doing something will be carefully examined to make sure it promotes a compelling government interest before it is allowed to stand.

True

A motion for a directed verdict is also known as a motion for judgment as a matter of law.

True

A party can challenge an administrative regulation as so irrational as to be arbitrary and capricious.

True

A party seeking court review of an administrative action must first exhaust all of his or her administrative remedies before seeking court review.

True

A state court can exercise jurisdiction over an out-of-state defendant who does business in the state over the Internet.

True

A state long arm statute allows a court to exercise jurisdiction over out-of-state defendants based on activities that took place within the state.

True

Administrative agencies can conduct warrantless searches in some situations.

True

Administrative agencies generally exercise substantial discretion over the type of hearing procedures that they use.

True

All federal government agencies must make their records available electronically on the Internet.

True

All powers not specifically delegated to the federal government are reserved to the states.

True

An administrative agency can issue an interpretive rule to indicate how the agency plans to interpret its statutory authority.

True

Article I, Section 8, of the U.S. Constitution permits Congress to regulate interstate commerce.

True

At least in theory, Congress can regulate every commercial enterprise in the United States.

True

Concurrent jurisdiction exists when both federal and state courts have the power to hear a particular case

True

Federal agencies must consider ways to reduce the economic impact of new regulations on small businesses.

True

Final administrative rules have binding legal effect unless the courts later overturn them.

True

Frequently, disputes over violations of administrative rules are resolved through informal adjudication proceedings.

True

If the meaning of a statute's language is unclear and an agency interprets it, a court must follow the interpretation as long as it is reasonable.

True

In a country with a federal form of government, the national government and the states share sovereign power.

True

In mediation, the mediator proposes a solution that includes what compromises are necessary to reach an agreement.

True

Individuals have a right to obtain access to information about them collected in government files.

True

Interpretive rules simply declare policy and do not affect legal rights or obligations.

True

Interrogatories are written questions for which answers are prepared and signed under oath

True

Most online dispute resolution services apply general, universal legal principles to resolve disputes.

True

Often, an administrative agency itself enforces its rules.

True

Preemption occurs when Congress chooses to act exclusively in a concurrent area and a valid federal statue or regulation takes precedence over a conflicting state or local law.

True

Procedural due process requires that any government decision to take a person's property must be made fairly.

True

State regulation, when not preempted, may cover many of the same activities as federal regulation.

True

Substantive due process focuses on the substance of legislation.

True

Symbolic speech is defined as nonverbal expressions of belief and is protected by the First Amendment.

True

The Bill of Rights protects individuals against types of interference by the federal government.

True

The Children's Internet Protection Act requires public schools and libraries to use filtering software to block children's access to adult contact on Web sites.

True

The Eighth Amendment prohibits excessive bail and fines, as well as cruel and unusual punishment.

True

The First Amendment protects corporate political speech.

True

The Fourteenth Amendment guarantees a right to due process of law.

True

The President appoints federal judges with the advice and consent of the Senate.

True

The United States Supreme Court has original jurisdiction in some situations

True

The checks and balances in the U.S. Constitution prevent any one branch of government from exercising too much power.

True

The establishment clause of the U.S. Constitution prohibits the federal government from establishing a state-sponsored religion.

True

The judicial branch has the power to hold actions of the other branches of government unconstitutional.

True

The period for persons to comment on a proposed administrative rule must be at least thirty days.

True

The public must be provided with adequate advance notice of scheduled federal administrative agency meetings and agendas.

True

There is at least one federal district court in every state.

True

U.S. district courts have original jurisdiction in federal matters

True

Under the Constitution, the judicial branch interprets the laws.

True

When there is a direct conflict between a federal and a state law, the state law is rendered invalid.

True

. iTablets, Inc., files a suit against Andromeda Pads Corporation. Suri is a witness for iTablets. Kevin is a witness for Andromeda. iTablets may direct interrogatories to a. Andromeda. b. Suri. c. Kevin. d. the judge.

a

A Montana state court can exercise jurisdiction over Endurance Insurance Corporation, an out-of-state defendant, but the defendant must have a. minimum contacts with the state. b. maximum contacts with the state. c. legitimate contacts with the state. d. legal contacts with the state.

a

Ben files a suit in a federal district court against Cathy. Cathy loses the suit, appeals to the U.S. Court of Appeals for the Second Circuit, and loses again. Cathy asks the United States Supreme Court to hear the case. The Court agrees to hear the case. This means that a. at least four justices approve of hearing the case. b. Cathy's petition does not raise a possibility of an important constitutional question. c. the amount in controversy in Cathy's suit is greater than $100,000. d. the Court feels that the lower courts' judgments were erroneous.

a

Elinor sells Cathy a horse for $2,000. When Elinor goes to the bank to deposit Cathy's check, the check bounces. Elinor is furious and files suit against Cathy. Elinor probably filed her suit in a. a small claims court. b. a domestic relations court. c. a municipal court. d. a probate court.

a

Fresh Harvest Company, which is based on Georgia, packages and sells vegetables. Jack, who is a resident of North Carolina, buys a Fresh Harvest product, eats it, and suffers severe food poisoning. Jack wants to file a suit against Fresh Harvest. The diversity of citizenship between these parties means that a. federal and state courts have concurrent jurisdiction. b. federal courts have exclusive jurisdiction. c. no court has jurisdiction. d. state courts have exclusive jurisdiction.

a

In Kettle Cafe's suit against Food Services, Inc., the court issues a judgment in Kettle's favor. The judgment can be appealed to an appropriate court of appeals by a. either party. b. Kettle only. c. Food Service only. d. neither party.

a

Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. After its review of Kelly v. Lewis, the appellate court upholds the lower court's verdict. The appellate court has a. affirmed the case. b. reversed the case. c. remanded the case. d. reversed and remanded the case.

a

Laney is a resident of Maine. Delacorte is a Canadian. They dispute the ownership of Petite Isle, an island in North Rapids River on the border between Canada and the United States. The diversity of the parties' citizenship could serve as a basis for a. federal jurisdiction. b. general jurisdiction. c. limited jurisdiction. d. universal jurisdiction.

a

Megan, a resident of Ohio, runs a red light in Texas and hits Sarah, a Texas resident. Sarah files suit against Megan. The statute that allows the Texas court to exercise jurisdiction over Megan is called a(n) a. long arm statute. b. in personam statute. c. in rem statute. d. out-of-state jurisdiction statute.

a

Refer to Fact Pattern 3-1. If Bean and Java resolve their dispute by having a neutral third party render a binding decision, they will have used the method of a. arbitration. b. conciliation. c. intervention. d. mediation.

a

Solar Power, Inc., files a suit against Thunder Bay Utility Company and seeks to examine electronic documents in Thunder's possession. A legitimate reason for this examination is that the documents contain a. evidence about the case. b. private information about Thunder's operations. c. public information about energy generation. d. irrelevant data that can be eliminated from consideration.

a

The case of Max v. National Credit Co. is heard in a trial court. The case of O! Boy! Ice Cream Co. v. Refrigerated Transport, Inc. is heard in an appellate court. The difference between a trial and an appellate court is whether a. the proceedings focus on the presentation of evidence and the examination of witnesses. b. the court is appealing. c. the parties question how the law applies to their dispute. d. the subject matter of the case involves complex facts.

a

To resolve a dispute, Amy in Boston and Chris in Denver utilize E-Solution, an online dispute resolution (ODR) service. This limits these parties' recourse to the courts a. not at all. b. until the ODR service has issued a decision. c. with respect to any dispute arising between them. d. with respect to this dispute only.

a

Tyler, a citizen of West Virginia, files a suit in a West Virginia state court against Louisville Sales Corporation, a Kentucky state company that does business in West Virginia. The court has original jurisdiction, which means that a. the case is being heard for the first time. b. the court has a unique method of deciding whether to hear a case. c. the court has unusual procedural rules. d. the subject matter of the suit is interesting and new.

a

The commerce clause of the U.S. Constitution is found in a. Article I, Section 8. b. Article I, Section 2. c. Article VIII, Section 1. d. Article II, Section 8.

a. Article I, Section 8

Eliza is a state court judge. Flora appears in a case in Eliza's court, claim¬ing that Glover breached a contract. Which of the following actions may Eliza take? a. Award damages or issue a decree of specific performance b. Imprison Glover, but not Flora c. Imprison Flora, but not Glover d. Order the parties to pay Eliza to render a favorable ruling

a. Award damages or issue a decree of specific performance

Persons who favor the creation of a National Biotech Agency to regulate the production of genetically altered agricultural products should concentrate their lobbying efforts on a. Congress. b. federal administrative agencies that oversee agricultural products. c. the United States Supreme Court. d. the president of the United States.

a. Congress

Executive control over the Federal Communications Commission, and other agencies, may be exercised through a pres¬iden¬tial veto of a. Congress's modifications of the agency's authority. b. the agency's final rules. c. the agency's final orders. d. none of the choices.

a. Congress's modifications of the agency's authority

Nemo's Seafood Restaurant Company pays income and other taxes collected by the Internal Revenue Service (IRS). Like other federal administrative agencies, the IRS was created by a. Congress, through enabling legislation. b. the courts, through the adjudicatory process. c. the U.S. Constitution, through the tax and spend clause. d. the U.S. Department of the Treasury, through a legislative rule.

a. Congress, through enabling legislation

Playground Equipment, Inc., is subject to regulations issued by the Occupational Safety and Health Administration (OSHA). Like other federal administrative agencies, the OSHA was created by a. Congress, through enabling legislation. b. the Federal Trade Commission, through the rulemaking process. c. the president, through an executive order. d. the U.S. Department of Labor, through a final order.

a. Congress, through enabling legislation

The Texas Supreme Court decides the case of Livewire Co. v. Power Corp. Of nine justices, five believe the judgment should be in Livewire's fa¬vor. Justice Bellamy, one of the five, writes a separate opinion. The four justices who believe the judgment should be in Power's favor join in a third separate opinion. Refer to Fact Pattern 1-1. Bellamy's opin¬ion is a. a concurring opinion. b. a dissenting opinion. c. a majority opinion. d. a per curiam opinion

a. a concurring opinion.

A failure of the Federal Bureau of Investigation to comply with a request under the Freedom of Information Act (FOIA) may be challenged in a. a federal district court. b. a hearing before the U.S. Freedom of Information Agency. c. a meeting with Congress's FOIA subcommittee. d. a special conference with the president of the United States.

a. a federal district court

The Federal Aviation Administration uses notice-and-comment rulemak¬ing. The final rule in such a proceeding is sometimes referred to as a. a legislative rule. b. an interpretive rule. c. an adjudicatory order. d. an executive edict.

a. a legislative rule

The Federal Emergency Management Agency (FEMA) discovers that Goodnuff Trailers, Inc., is violating a FEMA regulation. If this situation is resolved like most such disputes, the outcome will be a. a negotiated settlement. b. a trial and a fine. c. a trial and an appeal to a higher authority. d. a trial and the dissolution of the business.

a. a negotiated settlement

The functions of the Social Security Administration, like those of other adminis-trative agencies, include a. adjudication. b. declaration. c. enunciation. d. pronunciation.

a. adjudication

The Bay City Planning Department, the Coastal County Zoning Commission, the Delaware Environmental Quality Agency, and the U.S. Bureau of Land Management issue regulations. These rules constitute a. administrative law. b. case law. c. stare decisis. d. statutory law.

a. administrative law.

The Uniform Commercial Code has been adopted, at least in part, in a. all states. b. forty-five states. c. thirty-five states. d. no state.

a. all states.

In Benny v. City Car Dealership, a state supreme court held that a minor could cancel a con¬tract for the sale of a car. Now a trial court in the same state is decid¬ing Daphne v. Even Steven Auto Deals, Inc.,, a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to a. allow the minor to cancel the contract. b. disregard the Benny case. c. order the minor to cancel the contract. d. require the minor to fulfill the contract.

a. allow the minor to cancel the contract.

In a suit against Knut, Leon obtains an injunction. This is a. an order to do or to refrain from doing a particular act. b. an order to perform what was promised. c. a payment of money or property as compensation. d. the cancellation of a contract.

a. an order to do or to refrain from doing a particular act.

Beachside City enacts an ordinance that bans the distribu¬tion of all printed materials on city streets. Carl opposes the city's latest "revenue-enhancing" measure and wants to protest by distributing handbills. In his suit against the city, a court would likely hold the printed-materials ban to be a. an unconstitutional restriction of speech. b. constitutional under the First Amendment. c. justified by the need to protect individual rights. d. necessary to protect national interests.

a. an unconstitutional restriction of speech

California enacts a statute to ban advertising in "bad taste." This stat¬ute would likely be held by a court to be a. an unconstitutional restriction of speech. b. constitutional under the First Amendment. c. justified by the need to protect individual rights. d. necessary to protect national interests.

a. an unconstitutional restriction of speech

ViolentVideoGames, Inc. markets a variety of shooting, fighting and hunting video games. A state statue is enacted that requires all video game manufacturers to label any games with an option to kill something as "excessively violent." A court would likely hold this regulation to be a. an unconstitutional restriction of speech. b. constitutional under the First Amendment. c. justified by the need to protect individual rights. d. necessary to protect national interests.

a. an unconstitutional restriction of speech

Savers Mart, Inc., distributes its merchandise to retail outlets on an inter¬state basis. Under the commerce clause, Congress has the power to regulate a. any commercial activity in the United States. b. only activities that are in intrastate commerce. c. only activities that are in local commerce. d. only activities that are not in commerce.

a. any commercial activity in the United States

Guard Personnel Company (GPC) is charged with using hiring practices that do not meet requirements set by the Transportation Safety Administration (TSA). The administrative law judge orders GPC to comply with the TSA's regulations. GPC may a. appeal to the commission that governs the TSA. b. appeal to Congress, which created the TSA. c. appeal to a different, separate agency. d. ignore the order.

a. appeal to the commission that governs the TSA

The Nuclear Regulatory Commission (NRC) files a complaint against General Construction Corporation (GCC). GCC may want to set¬tle the dispute, before formal adjudicatory proceedings be¬gin, to avoid a. appearing uncooperative. b. eliminating the need for additional proceedings. c. rectifying the problem to the NRC's satisfaction. d. saving the expense of formal proceedings and later appeals.

a. appearing uncooperative

In reviewing the actions of the U.S. Office of Nuclear Energy and other agencies, the courts a. are usually reluctant to review questions of fact. b. rarely defer to the technical expertise of administrative agencies. c. often rule on the merits of policy determinations. d. never defer to an agency's interpretation of law.

a. are usually reluctant to review questions of fact

The Merit Systems Protection Board issues a rule. Like other adminis¬tra¬tive agencies' "legislative rules," this rule is as a. binding as a law passed by Congress. b. persuasive as an expert's opinion. c. suggestive as a newspaper's editorial. d. unenforceable as a salesperson's puffery.

a. binding as a law passed by Congress

In 2015, Congress enacts the Act to Restrict Commercial Speech (ARCS). The ARCS will be considered valid if it directly advances a substantial government interest a. but goes no further than necessary to achieve its purpose. b. without regard to how "far" it goes. c. and the parties affected by it can elect how "far" to go in applying it. d. and goes further than necessary to ensure full coverage.

a. but goes no further than necessary to achieve its purpose

Pure Water Company is subject to a decision by the Environmental Protection Agency. Pure Water appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision a. changed the agency's prior policy without justification. b. followed a consideration of all relevant factors. c. was accompanied by a rational explanation. d. was plainly warranted by the evidence.

a. changed the agency's prior policy without justification

69. Via the Internet, Rocky sabotages the computer system of Quik Chik'n Company, a food manufacturer, to alter the levels of ingredients in the company's products so that consumers of the food become ill. Rocky is a a. cyberterrorist. b. botnet. c. virus. d. worm.

a. cyberterrorist.

Scott, a State Bank employee, deposits into his account checks that are given to him by bank customers to deposit into their accounts. This is a. embezzlement. b. larceny. c. money laundering. d. no crime.

a. embezzlement.======= b. larceny.

47. Briana, an employee of Cotillion Bank, is charged with embezzlement, which requires a. fraudulently appropriating another's property. b. obtaining lawful possession of property. c. physically taking property from its owner. d. the use of force or fear.

a. fraudulently appropriating another's property.

68. Farouk uses his computer to break into Global Financial Center's computer. Farouk is a a. hacker. b. phisher. c. worm. d. virus.

a. hacker.

66. Travis sends Suri what purports to be a link to an e-birthday card, but when she clicks on the link, software is downloaded to her computer to record her keystrokes and send the data to Travis. He uses the data to obtain her personal information and access her financial resources. This is a. identity theft. b. cyberterrorism. c. entrapment. d. no crime.

a. identity theft

63. Jackson is accused of a crime. Jackson can refuse to provide information about his allegedly criminal activities a. if he suspects the information will be used to prosecute him. b. if the police do not promise to keep the information confidential. c. if the information is "fruit of the poisonous tree." d. under no circumstances.

a. if he suspects the information will be used to prosecute him.

In the case of Retail Sales Corp. v. Trucking Delivery Co., the court may rule contrary to a precedent if the court decides that the precedent a. is incorrect or inapplicable. b. is not in line with the judge's personal values. c. would lead to unintended consequences. d. would not bring about the result the judge prefers.

a. is incorrect or inapplicable.

70. Patricia commits an act via e-mail against Othman Finance Company, a business in California, where the act is a cyber crime. Patricia resides in New York where the act is not a crime. Prosecution of Patricia in California involves questions of a. jurisdiction. b. "maximum contacts." c. the immunity of Internet service providers. d. encryption.

a. jurisdiction.

To Cody, the written law of a particular society at a particular time is most significant. Cody is a a. legal positivist. b. legal rationalist. c. legal realist. d. person who adheres to the natural law school.

a. legal positivist.

Machismo Motor Sales Corporation regularly advertises its off-the-road vehicles, all-terrain vehicles, and other products. Under the First Amendment, these ads and other commercial speech are given a. less extensive protection than noncommercial speech. b. more extensive protection than symbolic speech. c. no protection. d. the same protection as defamatory speech.

a. less extensive protection than noncommercial speech

The Food and Drug Administration (FDA) is investigating reports that Caplets Pharmaceutical Corporation is putting potentially harmful ad¬di¬tives in Doze, a new pain-relief medication. The FDA's demands for particular documents from Caplets a. must be specific and adequately describe the material being sought. b. must be non-specific so an incriminating item is not overlooked. c. must be general so as to force an uncooperative party's compliance. d. may, but need not, be specific because the FDA is a federal agency.

a. must be specific and adequately describe the material being sought

The Pennsylvania legislature enacts a state law that violates the U.S. Constitution. This law can be enforced by a. no one. b. the federal government only. c. the state of Pennsylvania only. d. the United States Supreme Court only.

a. no one.

Marie claims that a Nebraska state statute infringes on her "procedural due process" rights. This claim focuses a. procedures used in making decisions to take life, liberty, or property. b. the content of the statute. c. the similarity of the treatment of similarly situated individuals. d. the steps to be taken to protect Marie's privacy.

a. procedures used in making decisions to take life, liberty, and property

The Tenth Amendment to the U.S. Constitution a. reserves to the states all powers not granted to the federal government. b. reserves to the federal government all powers not granted to the states. c. requires each state in the union to have its own constitution. d. does not exist.

a. reserves to the states all powers not granted to the federal government.

8. Mary enters a gas station and points a gun at the clerk. She then forces the clerk to open the cash register and give her all the money. Mary can be charged with a. robbery. b. forgery. c. larceny. d. embezzlement.

a. robbery.

Maggie and Nate enter into a contract for the sale of a car, but Nate later refuses to deliver the car. Maggie asks a court to order Nate to perform as promised. Ordering a party to perform what was promised is a. specific performance. b. damages. c. rescission. d. beyond the court's authority.

a. specific performance.

Much of American law is based on a. the English legal system. b. the Spanish legal system. c. the civil law of the Greeks. d. Ancient Chinese law.

a. the English legal system.

Standard Business Company appeals a decision against it, in favor of Top Flight Corporation, from a lower court to a higher court. Standard is a. the appellant. b. the appellee. c. the defendant. d. the plaintiff.

a. the appellant.

After notice-and-comment rulemaking, the U.S. Bureau of Land Management (BLM) issues a new rule and applies it to Clearcut Timber Company. Clearcut appeals the application to a federal court. The court will most likely defer to the BLM's interpretation of a. the facts and the law. b. the agency's authority. c. procedural requirements. d. the Constitution.

a. the facts and the law

The U.S. Social Security Administration is a federal agency. The Iowa Department of Social Services is a parallel state agency. If these agen¬cies' regulations conflict a. the federal agency's regulations take precedence. b. the state agency's regulations take precedence. c. the two agencies' regulations take equal precedence. d. the two agencies' regulations cancel each other.

a. the federal agency's regulations take precedence

Starlight Café brings a suit, seeking a remedy at law. A remedy at law is a. the payment of money or property as compensation for damages. b. a decree of specific performance. c. a judicial proceeding for the resolution of a dispute. d. an injunction.

a. the payment of money or property as compensation for damages.

Jane enters into a contract with Jill to provide 100 roses for a dinner party. Jane fails to deliver the roses. Jill initiates a suit against Jane, asking the court to order Jane to deliver the roses. Jill is a. the plaintiff. b. the defendant. c. the binding authority. d. the persuasive authority.

a. the plaintiff.

In an action against the sate of Idaho, Jaime obtains a remedy. This is a. the relief given to an innocent party to enforce a right or to prevent or compensate for the violation of a right. b. medication paid for by the government. c. a right guaranteed by the Bill of Rights. d. a situation or state of facts that gives a person a right to initiate a judicial proceeding.

a. the relief given to an innocent party to enforce a right or to prevent or compensate for the violation of a right.

South Dakota, like other states, may regulate private activities to protect or promote the public order, health, safety, and general welfare under a. the state's police powers. b. the dormant commerce clause. c. the due process clause. d. the free exercise clause.

a. the state's police powers

A federal law regarding the labeling of pesticides directly conflicts with a state law. The state law will be rendered invalid due to the a. the supremacy clause. b. the commerce clause. c. the federal spending power. d. the First Amendment.

a. the supremacy clause

David, an Alabama resident, files a suit in an Alabama court against QuickAds, an Internet company based in Georgia that provides advertising services. QuickAds only contact with persons in Alabama has been through QuickAds's passive advertising. The Alabama court is a. likely to have jurisdiction over the case. b. not likely to have jurisdiction over the case. c. likely to refer the case to a higher district court. d. likely to refer the case to an appellate court.

b

Drummond wants to make a federal case out of his dispute with Elena. Federal cases originate in a. federal courts of appeals. b. federal district courts. c. state trial courts. d. the United States Supreme Court.

b

Jo files a suit against Lara in a Missouri state court. Lara's only connection to Missouri is an ad on the Web originating in Nebraska. For Missouri to exercise jurisdiction, the issue is whether Lara, through her ad, has a. a commercial cyber presence in Missouri. b. conducted substantial business with Missouri residents. c. general maximum contact with Missouri. d. solicited virtual business in Missouri.

b

Kit loses her suit against Lou in a Minnesota state trial court. Kit appeals to the state court of appeals and loses again. Kit would appeal next to a. a U.S. district court. b. the Minnesota Supreme Court. c. the United States Supreme Court. d. the U.S. Court of Appeals for the Eighth Circuit.

b

Lyn files a suit against Karl. Karl denies Lyn's charges and sets forth his own claim that Lyn breached their contract and owes Karl money for the breach. Karl's claim is a. a contrary charge. b. a counterclaim. c. a counterpoint. d. a cross complaint.

b

Martha brings a suit against SafeCars, Inc. claiming that she was injured during a car crash due to defects in the car she had purchased from SafeCars. There is no evidence that Martha was injured in the accident, but the trial court awards her $1 million in damages. SafeCars appeals the decision. The appellate court will most likelys a. not modify the trial court's finding of fact because appellate courts are forbidden to look at questions of fact. b. modify the trial court's finding of fact because the finding was clearly erroneous. c. modify the trial court's finding of fact because the award amount was more than $25,000. d. modify the trial court's finding of fact because the award amount was less than $5 million.

b

Milo files a suit against Nick in an Ohio state court, noting that Nick operates a Web site through which Ohio residents have done substantial business with him. The court is most likely to have jurisdiction over Nick if Milo's claim arises from a. anything an Ohio resident has done. b. Nick's Web site activities. c. nothing an Ohio resident has done. d. something other than Nick's Web site.

b

The Arizona Supreme Court rules against Jennifer in a case against Kut Rate Stores, Inc. Jennifer wants to appeal her case to the United States Supreme Court. She must ask the Court to issue a writ of a. appeal. b. certiorari. c. jurisdiction. d. summons.

b

Justin wants to file a suit against Mikayla. For a court to hear the case a. Mikayla must agree. b. the court must have jurisdiction. c. the court must issue a deposition. d. the parties must own property.

b.

50. Mona offers Ned, a building inspector, $5,000 to overlook the violations in her new warehouse. Ned accepts the cash and overlooks the violations. Mona is charged with the crime of bribery. The crime occurred when a. Mona decided to offer the bribe. b. Mona offered the bribe. c. Ned accepted the bribe. d. Ned overlooked the violations.

b. Mona offered the bribe.

65. Gina sells "Bulk Up" steroids over the Internet. She is arrested and charged with the sale of a controlled substance. This is cyber crime, which is a. a new category of crime that is not related to older types of crime. b. a crime that occurs the virtual community of the Internet. c. a crime that is less real than the same crime in the physical world. d. no crime.

b. a crime that occurs the virtual community of the Internet.

The Texas Supreme Court decides the case of Livewire Co. v. Power Corp. Of nine justices, five believe the judgment should be in Livewire's fa¬vor. Justice Bellamy, one of the five, writes a separate opinion. The four justices who believe the judgment should be in Power's favor join in a third separate opinion. Refer to Fact Pattern 1-1. The opin¬ion joined by the four justices who favor Power is known as a. a concurring opinion. b. a dissenting opinion. c. a majority opinion. d. a per curiam opinion.

b. a dissenting opinion.

Karen is a judge hearing the case of Local Dispatch Co. v. National Transport Corp. Applying the relevant rule of law to the facts of the case requires Karen to find previ¬ously decided cases that, in relation to the case under con¬sidera¬tion, are a. as different as possible. b. as similar as possible. c. at odds. d. exactly identical.

b. as similar as possible.

51. Dirk, an employee of Ergonomic Elevators, Inc., pays Ferbie, an employee of Ergonomics' competitor G-Force Risers Company, for a secret G-Force pricing schedule. This is a. an effective marketing strategy. b. commercial bribery. c. creative legal bookkeeping. d. money laundering.

b. commercial bribery.

Serenity City enacts an ordinance that bans the use of "sound amplifying systems" on public streets. Tyler wants to campaign for a seat on the city council by broadcasting his message through speakers mounted on a truck. In Tyler's suit against the city, a court would likely hold the ordinance to be a. an unconstitutional restriction of speech. b. constitutional under the First Amendment. c. justified by the need to protect individual rights. d. necessary to protect national interests.

b. constitutional under the First Amendment

As a judge, Bonnie applies common law rules. These rules develop from a. administrative regulations. b. court decisions. c. federal and state statutes. d. proposed uniform laws.

b. court decisions.

58. Davis points a gun at Eton, threatening to shoot him if he does not steal from his employer, Freddy's Convenience Store, and give the stolen funds to Davis. Charged with theft, Eton can successfully claim, as a defense a. nothing. b. duress. c. entrapment. d. self-defense.

b. duress.

The Constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that a. Congress writes checks and the other branches balance the budget. b. each branch has some power to limit the actions of the others. c. the courts balance their authority to the other branches' checklists. d. the president "checks" the courts, which "balance" the laws.

b. each branch has some power to limit the actions of the others

52. Bruno is a businessperson with investments in legal and illegal opera-tions. Bruno may be subject to penalties under RICO a. for making an unprofitable, but legal, investment. b. for the commission of any business fraud. c. only in a case involving a "racket." d. only in a case involving organized crime.

b. for the commission of any business fraud.

44. Leah gains access to government records and alters certain dates and amounts in her favor. This is a. embezzlement. b. forgery. c. larceny. d. no crime.

b. forgery.

45. Ivan signs Jeb's name, without his authorization, to the back of a check. This is a. no crime. b. forgery. c. larceny. d. larceny.

b. forgery.

The U.S. Mine Safety Administration conducts searches of certain businesses. This agency and other administrative agencies can conduct warrantless searches in a. all industries. b. highly regulated industries. c. no industries. d. newly regulated industries only.

b. highly regulated industries

67. Posing as Platinum Bank, Oswald e-mails Nadia, asking her to update her personal banking information through a link in the e-mail. She clicks on the link and types in the data, which Oswald promptly sells to Moe. This is a. hacking. b. identity theft. c. cyberterrorism. d. bribery.

b. identity theft.

Before adopting new regulations to govern Internet-based phone services, the Federal Communications Commission may not a. hold hearings to acquire facts pertinent to the proposed rules. b. ignore the Administrative Procedure Act to streamline proceedings. c. order manufacturers to provide certain documents. d. solicit testimony from interest groups and consumers.

b. ignore the Administrative Procedure Act to streamline proceedings

49. Robert uses the Internet to defraud Prairie Valley Credit Union. He is found guilty of wire fraud. He can be punished by a. imprisonment for not more than one year. b. imprisonment for up to thirty years and fines of up to $1 million. c. fines for not more than $50,000. d. death.

b. imprisonment for up to thirty years and fines of up to $1 million.

Mikkala is a well-known professional athlete. Mikkala Co. owns trademarks, including "mikkala," that it uses to sell merchandise. Norm owns photos of Mikkala that he markets through his Web site, mikkalapics.com. Under the principles discussed in "A Sample Court Case," Experience Hendrix, L.L.C. v. Hendrixlicensing.com Ltd., Norm's domain name most likely a. constitutes nominative fair use of the "mikkala" mark. b. infringes the "mikkala" mark. c. is a legitimate description of Mikkala Co.'s products. d. is a legitimate reference to Mikkala Co.'s products.

b. infringes the "mikkala" mark.

Tami's Tasty Tacos, a fast food outfit, files a suit against the state of Texas, claiming that a Texas state law violates the commerce clause. The court will agree if the statute imposes a substantial burden on a. a local government. b. interstate commerce. c. noneconomic activity. d. the state.

b. interstate commerce

. William goes to Saddle Up Stables in the middle of the night when no one is around and takes five saddles. William's crime is a. forgery. b. larceny. c. robbery. d. embezzlement.

b. larceny.

55. Smitty, driving while intoxicated, causes a car accident that results in the death of Tiffany. Smitty is arrested and charged with a felony. A felony is a crime punishable by death or imprisonment for a. any period of time. b. more than one year. c. more than six months. d. more than ten days.

b. more than one year.

Brad stands in front of Rooster's Round-Up Café, shouting "fighting words" that are likely to incite Rooster's patrons to respond violently. The First Amendment protects such speech a. all of the time. b. none of the time. c. only if it is noncommercial. d. only if it is symbolic.

b. none of the time

Julia is a U.S. citizen. She establishes a website that posts threatening messages about celebrities. Her website is a. protected by the First Amendment. b. not protected by the First Amendment. c. protected by the Fifth Amendment. d. protected by the Tenth Amendment.

b. not protected by the First Amendment

Independent regulatory agencies such as the Federal Trade Commission are a. not part of the government's executive branch. b. outside the major departments of the government's executive branch. c. subagencies of executive agencies. d. subject to more executive authority than executive agencies.

b. outside the major departments of the government's executive branch

The commerce clause's express grant of exclusive authority to regulate commerce that substantially affects trade and commerce among states is referred to as the a. dormant aspect of the commerce clause. b. positive aspect of the commerce clause. c. negative aspect of the commerce clause. d. exclusive aspect of the commerce clause.

b. positive aspect of the commerce clause

Jon, a law enforcement official, monitors Kelsey's Internet activities—e-mail and Web site visits—to gain access to her personal financial data and student information. This may violate Kelsey's right to a. equal protection of the law. b. privacy. c. procedural due process. d. substantive due process.

b. privacy

60. Maya, a police officer, wants to search the offices of Niles Corporation. Maya asks Judge Orion to issue a warrant. Under the Fourth Amendment, no warrants for a search or an arrest can be issued without a. double jeopardy. b. probable cause. c. reasonable doubt. d. immunity.

b. probable cause.

George burns an American flag in his backyard. He films his actions and posts the video on YouTube.com. George's actions are a. expressly prohibited by the U.S. Constitution. b. protected by the First Amendment of the U.S. Constitution. c. considered to be a form of treason. d. illegal in some states.

b. protected by the First Amendment of the U.S. Constitution

Beck seeks information about Donatello and other well-known businesspersons under the Freedom of Information Act. To obtain the information, Beck must a. agree not to reveal any trade secrets. b. reasonably describe the information. c. get a court order. d. have the businesspersons' permission.

b. reasonably describe the information

The Internal Revenue Service (IRS) wants to seize certain documents of Monetary Propriety, Inc. Whether it is permissible for the IRS to request or seize the documents depends on whether the documents are a. incriminating. b. relevant. c. technical. d. valuable.

b. relevant

Civil law a. defines, describes, regulates, and creates legal etiquette. b. spells out the rights and duties that exist between persons and between persons and their governments. c. establishes the methods of enforcing the rights established by criminal law. d. has to do with the wrongs committed against society for which society demands redress.

b. spells out the rights and duties that exist between persons and between persons and their governments.

The U.S. Citizenship and Immigration Service issues a rule. Like the rules of other federal administrative agencies, this rule is compiled in a. the Administrative Register of the Federal Government. b. the Code of Federal Regulations. c. the Federal Rules of Civil Procedure. d. the United States Code.

b. the Code of Federal Regulations

Orin claims that a Pennsylvania state statute infringes on his "substantive due process" rights. This claim focuses on a. procedures used to make decisions to take life, liberty, or property. b. the content of the statute. c. the similarity of the treatment of similarly situated individuals. d. the steps to be taken to protect Orin's privacy.

b. the content of the statue

Congress leaves it to the Bureau of Prisons to oversee the promulgation of detailed regulations in areas under the agency's juris¬diction. This is a. divine right. b. the delegation of legislative powers. c. gap-filling power. d. unconstitutional conduct.

b. the delegation of legislature powers

To reduce traffic, Harbor Town enacts an ordinance that allows only a few street vendors to op¬er¬ate in certain areas. A court would likely review this ordinance under the principles of a. the commerce clause. b. the equal protection clause. c. the due process clause. d. the First Amendment.

b. the equal protection clause

Oklahoma enacts a law requiring all businesses in the state to donate 10 per-cent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level. PriceLess Stores files a suit to block the law's enforcement. The court would likely hold that this law violates a. no clause in the U.S. Constitution. b. the establishment clause. c. the free exercise clause. d. the supremacy clause.

b. the establishment clause

Bailey, the president of Carmichael Commodities Company, claims that certain actions by the federal government and by the state of Delaware infringe on rights guar¬anteed by the Bill of Rights. All of these rights limit a. neither Delaware nor the federal government. b. the federal government only. c. Delaware and the federal government. d. Delaware only.

b. the federal government only

Under Ohio's state constitution, the Ohio Environmental Protection Agency issues a new rule, the Polk County Commission approves a new property tax measure, and the professors and students at Ohio Law School publish the results of their most recent legal research. Sources of law do not include a. the measures approved by local governing bodies. b. the results of legal scholars' research. c. the rules issued by state administrative agencies. d. the states' constitutions.

b. the results of legal scholars' research.

Carol files a suit against Andy in a state trial court and loses. Carol a. cannot take her case any higher in the court system. b. can insist that the United States Supreme Court hear her case. c. can plead her case before an appellate court. d. can plead her case before a small claims court.

c

Jack and Jill, citizens of Vermont, are involved in a case related to the adoption of their child. The Vermont state courts a. have concurrent jurisdiction with federal courts over this case. b. have original jurisdiction over this case. c. have exclusive jurisdiction over this case. d. do not have jurisdiction for over case.

c

Jason files a suit against Maybelline. If Maybelline fails to respond, Jason a. must appeal the case to a different court. b. must refile the suit in the same court. c. will be awarded the remedy sought. d. will have a default judgment entered against him.

c

Refer to Fact Pattern 3-1. If Bean and Java have a long-standing business relationship that they would like to continue, they may prefer to settle their dispute through mediation because a. the case will be heard by a mini-jury. b. the dispute will eventually go to trial. c. the process is not adversarial. d. the resolution of the dispute will be decided an expert.

c

Hua, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jac, a resident of Kentucky. Jac files a suit against Hua in Indiana. Regarding this suit, Indiana has a. federal jurisdiction. b. in personam jurisdiction. c. in rem jurisdiction. d. no jurisdiction.

c.

61. Justin is charged with a crime. He insists that he should have an opportunity to object to the charges before a "fair, neutral decision maker." No one can be deprived of "life, liberty, or property without due process of law" under the a. Second Amendment. b. Fourth Amendment. c. Fifth Amendment. d. Eighth Amendment.

c. Fifth Amendment.

54. Megan is charged with jaywalking, which is classified as a. a misdemeanor. b. a felony. c. a petty offense. d. no crime.

c. a petty offense.

Smith Saddlery is a saddle shop subject to the laws of New York. In New York, the highest-ranking (superior) law is a. a case decided by the New York Court of Appeals. b. a rule created by a New York state administrative agency. c. a provision in the New York constitution. d. a statute enacted by the New York legislature.

c. a provision in the New York constitution.

36. Mike is arrested at a warehouse in North Industrial Park and is charged with the crime of theft. Mike will be prosecuted by a. the owner of the warehouse. b. the owner of the property that Mike is charged with stealing. c. a public official. d. any third party unrelated to Mike, the property, or the crime.

c. a public official.

Chelsea is a state court judge. Like judges in most state courts, in a particular case, she may grant a. a remedy at law only. b. a remedy in equity or a remedy at law, but not both. c. a remedy in equity and a remedy at law. d. a remedy in equity only.

c. a remedy in equity and a remedy at law.

Caleb is a witness in a contro¬versy involving the U.S. Drug Enforcement Administration. Caleb can be compelled to appear before an administrative law judge if he is served with a. an order for specific performance. b. a rule for parol evidence. c. a subpoena. d. a politely worded request.

c. a subpoena

Nursing Home Care Company is charged with violating a rule of the Social Security Administration. Most likely, Nursing Home Care will be required to appear at a hearing presided over by a. a federal appellate court judge. b. a federal district court judge. c. an administrative law judge. d. a U.S Marshal.

c. an administrative law judge

Antonin, a federal judge, retires. The vacant position will be filled by a judge a. appointed by the United States Supreme Court. b. elected by voters. c. appointed by the President. d. appointed by Congress.

c. appointed by the President

57. Evan is charged with a crime. Almost all federal courts and some state courts would not hold Evan liable if, at the time of the offense, as a result of a mental disease or defect, Evan lacked substantial capacity to a. appreciate the wrongfulness of his conduct only. b. appreciate the wrongfulness of his conduct and obey the law. c. appreciate the wrongfulness of his conduct or obey the law. d. obey the law only.

c. appreciate the wrongfulness of his conduct or obey the law.D

Martin, a U.S. citizen, feels that a recently enacted federal law is unfair. He assembles a group of friends and they write a petition to the government. Martin and friends then stand quietly in front of the White House with signs declaring their belief that the law is unfair. Under the First Amendment, Martin has a right to a. petition the government, but not to assemble a group peaceably. b. assemble peaceably, but not to petition the government. c. both petition the government and assemble peaceably. d. neither petition the government nor assemble peaceably.

c. both petition the government and assemble peaceably

Japan violates an international law. Other countries may take coercive actions, which include a. violating the same law in the same way with impunity. b. confiscating Japanese businesses. c. boycotting Japanese goods. d. taxing Japanese citizens.

c. boycotting Japanese goods.

59. Mae is granted immunity after she agrees to testify about a crime. Mae has an absolute privilege against self-incrimination and a. can be prosecuted only for a crime about which she agreed to testify. b. cannot be prosecuted for any crime. c. cannot refuse to testify on Fifth Amendment grounds. d. can refuse to testify on Fifth Amendment grounds.

c. cannot refuse to testify on Fifth Amendment grounds.

53. Jared is arrested and found guilty of a misdemeanor. His punishment will not include a. imprisonment for six months. b. a fine of $100. c. death. d. imprisonment for six months and a fine of $500.

c. death.

The Regulatory Flexibility Act has helped reduce record-keeping bur¬dens for Hometown Gas Company and other small business firms in the area of a. accounting practices. b. asset acquisition. c. hazardous waste management. d. tax reporting.

c. hazardous waste management

Labor Recruiters, Inc., has been ordered to appear at a hearing before an administrative law judge of the National Labor Relations Board. A significant difference between a trial and an administrative hearing is that a. attorneys are not allowed to attend administrative hearings. b. clients are not allowed to communicate with their attorneys during administrative hearings. c. hearsay can be introduced as evidence in an administrative hearing. d. the burden of proof is on the charged party to prove innocence.

c. hearsay can be introduced as evidence in an administrative hearing

62. Alan, the president of Bayside Investments, Inc., and Colin, Bayside's accountant, are charged with a crime, after the police search Bayside's offices. Under the exclusionary rule a. certain Bayside records are excluded from subpoena. b. certain parties to a criminal action may be excluded from a trial. c. illegally obtained evidence must be excluded from a trial. d. persons who have biases that would prevent them from fairly deciding the case may be excluded from the jury.

c. illegally obtained evidence must be excluded from a trial.

2. Plato works for Quirky Squirters, Inc. During work hours, Plato "steals" time, space, and data on his employer's computer system to start up his own business, Rowdy Drenchers. This is a. burglary. b. robbery. c. larceny. d. no crime.

c. larceny.

Mariah takes off her ring and places it on her desk while she works. Without her knowledge or consent, her coworker Nita picks up the ring, puts it on, and walks away. Nita has likely committed a. burglary. b. forgery. c. larceny. d. no crime.

c. larceny.

Reusable Energy Corporation regularly expresses opinions on political issues. Under the First Amendment, corporate political speech is a. discouraged. b. forbidden. c. protected. d. required.

c. protected

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through corporate Web sites. The first step is a. compile the rule with others in the Code of Federal Regulations. b. conduct an on-site inspection. c. publish a notice of the proposed rulemaking. d. solicit public comment.

c. publish a notice of the proposed rule making

Judge Julia decides that the precedent for the case she is hearing is no longer correct due to technological changes. She overturns the precedent when she decides the case. It is most likely that her case will a. go unnoticed by the public. b. be thrown out of court. c. receive a great deal of publicity. d. be ignored by the media.

c. receive a great deal of publicity.

Leona enters into a contract with Munchie Bakery to cater a sales conference. When the conference is postponed indefinitely, Leona asks a court to cancel the contract and return the parties to the positions that they held before its formation. This request involves a. specific performance. b. an injunction. c. rescission. d. an action that the court cannot order.

c. rescission.

Mary creates a t-shirt design that expresses her support for a presidential candidate and distributes t-shirts to all her friends. The t-shirts are an example of a. unprotected speech. b. controlled speech. c. symbolic speech. d. illegal speech

c. symbolic speech

37. Ludwig receives from Milo a marimba stolen from Nadine. To be criminally liable, Ludwig must know a. Milo. b. Nadine. c. that the marimba is stolen and Ludwig must intend to keep it. d. what a marimba is.

c. that the marimba is stolen and Ludwig must intend to keep it.

To notify the public of a proposed rule, the Food Safety and Inspection Service, like other federal agencies, publishes the proposal in a. the news media. b. a trade journal available to members of the industry. c. the Federal Register. d. an office memo that employees are free to take home.

c. the Federal Register

With some exceptions, every portion of every meeting of the Federal Reserve System Board of Governors and other federal administrative agencies must be open to public observation under a. no federal or state law. b. the Freedom of Information Act. c. the Government in the Sunshine Act. d. the Public Accountability Act.

c. the Government in the Sunshine Act

A Massachusetts state statute imposes a prison term, without a trial, on all street performers who operate in certain areas. A court would likely review this statute under the principles of a. the commerce clause. b. the equal protection clause. c. the due process clause. d. the First Amendment.

c. the due process clause

Plastix Produx Company is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, Plastix Produx wants a court to review it. First, however, the firm must use all of the potential administrative remedies. This is a. an actual controversy at issue. b. standing to sue. c. the exhaustion doctrine. d. the ripeness doctrine.

c. the exhaustion doctrine

Congress enacts a statute, the Federal Deposit Insurance Corporation (an administrative agency) issues rules, the Southeast Financial Institutions Association (a private organizations) issues instructions, South Valley Bank posts a memo with orders for its employees, and Tina tells her co-worker about a recent news story. Sources of law include a. the instructions issued by private associations. b. the orders posted by employers. c. the rules issued by federal administrative agencies. d. the stories released by news agencies.

c. the rules issued by federal administrative agencies.

The police obtain a search warrant and search Dave's apartment. After yelling obscenities at the officers, Dave confesses to a crime and implicates his friends. The Constitution protects against a. obscene speech only. b. others' implication only. c. unreasonable searches only. d. obscene speech, others' implication, and unreasonable searches.

c. unreasonable searches only

. Sandy, a resident of Illinois, wants to file suit against Carl, a resident of Kansas, over Carl's failure to pay Sandy for work on his house. The amount in dispute is $15,000. Under diversity of citizenship requirementse a. no court can exercise jurisdiction. b. a state court cannot take jurisdiction because the amount in controversy is less than $25,000. c. a federal court cannot take jurisdiction because the amount in controversy is more than $10,000. d. a federal court cannot take jurisdiction because the amount in controversy is less than $75,000.

d

During the trial phase of Fuel Corporation's suit against Gas Stations, Inc., their attorneys engage in voir dire. This is a. an assessment of the validity of the arguments for both parties. b. a determination of the issues to be argued before the court. c. the trial. d. the selection of jurors.

d

Fact Pattern 3-1 Bean Vendors, Inc., and Java Bistros Corporation dispute a term in their contract. Refer to Fact Pattern 3-1. The least expensive method of resolving the dispute between Bean and Java may be a. arbitration because the case will be heard by a mini-jury b. litigation because each party will pay its own legal fees. c. mediation because the dispute will be resolved by a non-expert. d. negotiation because no third parties are needed.

d

Lora files a suit in Michigan against Ned over the ownership of a boat docked in a Michigan harbor. Lora and Ned are residents of Ohio. Ned could ask for a change of venue on the ground that Ohios a. has a sufficient stake in the matter. b. has jurisdiction. c. has sufficient minimum contacts with the parties. d. is a more convenient location to hold the trial.

d

To initiate a lawsuit, Darla files a complaint against E-Sales Company, which responds with an answer. Together, the complaint and answer are a. a motion to dismiss. b. a summons. c. a writ of certiorari. d. the pleadings.

d

Transnational Corporation and United Shipping, Inc., agree to a contract that includes an arbitration clause. If a dispute arises, a court having jurisdiction mays a. monitor any arbitration until it concludes. b. order an arbitrator to rule in a particular way. c. order a party to bring the dispute to court. d. order a party to submit to arbitration.

d

Uma wants to initiate a suit against Valley Vacation Tours by filing a complaint. The complaint should include a. an explanation to refute any defense the defendant might assert. b. a motion for summary judgment. c. a motion to dismiss. d. a statement of the facts necessary to show Uma is entitled to relief.

d

The U.S. Patent and Trademark Office (USPTO) wants to review certain records of Verity Corporation. The USPTO can legitimately gain access to the records through a. agency coercion. b. infiltrating Verity's computers without the firm's knowledge. c. public comment. d. Verity's consent.

d. Verity's consent

The best definition of a precedent is a. a law developed from custom. b. a judicial proceeding for the determination of a dispute between parties in which rights are enforced or protected. c. a proceeding by one person against another in court. d. a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts.

d. a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts.

The Consumer Product Safety Commission (CPSC) wants Monster Toy Company to produce certain records for review. To obtain the records, the CPSC will issue a. an order for specific performance. b. a rule for parol evidence. c. a formal complaint. d. a subpoena.

d. a subpoena

Data Analytics, Inc., is a corporation engaged in the business of compiling, analyzing, and marketing data. To accomplish its purposes, Data Analytics obtains financing, and hires and fires employees. Laws and government regulations affect such business activities as a. hiring and firing decisions. b. the manufacturing and marketing of products. c. business financing. d. all of the choices.

d. all of the choices.

There are no precedents on which the court deciding the case Financial Investment Co. v. Goodhands Insurance, Inc., can base its decision. The court may consider a. issuing an order according to the judge's personal values. b. refusing to decide the case. c. postponing a decision until a precedent is available. d. basing a decision on public policy or social customs and values.

d. basing a decision on public policy or social customs and values.

Adult Shoppe in Bay City sells a variety of publications, including child pornography. Bay City enacts an ordinance prohibiting the sale of such materials. This ordinance is most likely a. an invalid restriction of individuals' privacy. b. an unconstitutional restriction of speech. c. a violation of adults' rights to enjoy certain privileges. d. constitutional under the First Amendment.

d. constitutional under the First Amendment

43. Susan is unhappy with the way her mother has made out her will. Susan has a lawyer draft a new will and then signs her mother's name to it without her mother's consent. Susan has committed a. larceny. b. no crime. c. robbery. d. forgery.

d. forgery

48. After Edie solicits clients to invest in a nonexistent business, she is charged with "mail fraud." This requires, among other things, a. claiming that an item is "in the mail" when it is not. b. deceiving postal authorities as to the content of an item of mail. c. depositing items in the postal system without proper postage. d. mailing or causing someone else to mail a writing.

d. mailing or causing someone else to mail a writing.=====

The Financial Institutions Association would like a certain law enacted, administered, interpreted, and enforced in the best interest of its members, which include banks. Under the Constitution, Congress a. administers the laws. b. enforces the laws. c. interprets the laws. d. makes the laws.

d. makes the law

64. Herb, a computer programmer for Inventory Control Corporation, is arrested in his employer's parking lot on suspicion of larceny. Herb must be informed of his right to a. a trial by jury. b. punishment. c. question witnesses. d. remain silent.

d. remain silent.

The Texas Supreme Court decides the case of Livewire Co. v. Power Corp. Of nine justices, five believe the judgment should be in Livewire's fa¬vor. Justice Bellamy, one of the five, writes a separate opinion. The four justices who believe the judgment should be in Power's favor join in a third separate opinion. Refer to Fact Pattern 1-1. These opinions are collected and published in volumes called a. citations. b. codes. c. regulations. d. reporters.

d. reporters.

56. Vance points a gun at Workman and threatens to shoot him. Workman hits Vance, causing his death. Charged with homicide, Workman can successfully claim as a defense a. nothing. b. duress. c. entrapment. d. self-defense.

d. self-defense.

Owen is a federal judge whose judicial decisions are part of case law, which does not include interpretations of a. other case law. b. constitutional provisions. c. statutes. d. sound bites in the media.

d. sound bites in the media.

Justice For All, a political organization, files a claim to challenge a Colorado statute that limits the liberty of all persons to broadcast "annoying" radio commercials. This claim is most likely based on the right to a. equal protection of the law. b. indictment. c. procedural due process. d. substantive due process.

d. substantive due process

A provision in the California state constitution conflicts with a provision in the U.S. Constitution. If challenged a. neither provision will be enforced. b. the provisions will be balanced to reach a compromise. c. the state provision, not the U.S. Constitution, will be enforced. d. the U.S. Constitution, not the state provision, will be enforced.

d. the U.S. Constitution, not the state provision, will be enforced.

Congress enacts a law that sets out a rigorous medical-device premarket approval process for the U.S. Food and Drug Administration to follow. The law includes a preemption provision. Moe is injured by a device that underwent the process and files a claim under New Hampshire state law to recover for the injury. The court will most likely rule that a. Moe's state law claim preempts the federal law. b. the federal law and state law claim are concurrent. c. the federal and state law claim cancel each other out. d. the federal law preempts Moe's state law claim.

d. the federal law preempts Moe's state law claim

Don, a U.S. citizen, is the owner of Egrets Unlimited, Inc. Egret's competitors include Feathered Friends Company (FFC), which is owned by Greg and Huey. The Bill of Rights embod¬ies a series of protections for Don against types of interference by a. FFC and its other competitors only. b. FFC, Greg, Huey, others, and the government. c. Greg, Huey, and other private individuals only. d. the government only.

d. the government only

The U.S. Fish and Wildlife Service utilizes notice-and-comment rulemak¬ing. This involves a period during which a. judges, legislators, and the president are asked about a proposed rule. b. potential violators of a proposed rule are notified and publicized. c. the administrators "notice" a problem and "comment" on it. d. the public is asked to comment on a proposed rule.

d. the public is asked to comment on the proposed rule

Congress enacts a law prohibiting toys made in China from being sold in the United States. The Hawaii state legislature enacts a law allowing the sale of Chinese-made toys. Hawaii's law will most likely be struck down under a. the commerce clause. b. the equal protection clause. c. the due process power. d. the supremacy clause.

d. the supremacy clause

46. Jake is charged with embezzlement. Embezzlement may be committed without a. a criminal act. b. a criminal intent. c. taking property from its owner. d. the use of force or fear.

d. the use of force or fear.

Which of the following does not necessarily make material obscene? a. The average person finds that it violates contemporary community standards. b. The work taken as a whole appeals to a prurient interest in sex. c. The work shows patently offensive sexual conduct. d. The work shows animals mating.

d. the work shows animals mating

Freight Transport Company is subject to a decision by the National Labor Relations Board. Freight Transport appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision a. followed a consideration of legally appropriate factors. b. justifiably changed the agency's prior policy. c. was accompanied by a rational explanation. d. was plainly contrary to the evidence.

d. was plainly contrary to the evidence

Beth is a victim of Carl's violation of a criminal law. Criminal law is con¬cerned with a. the prosecution of private individuals by other private individuals. b. the prosecution of public officials by private individuals. c. the relief available when a person's rights are violated. d. wrongs committed against the public as a whole.

d. wrongs committed against the public as a whole.

(True or False) Administrative law is a source of American law that is comprised of statutes.

false

(True or False) Criminal law focuses on duties that exist between persons.

false

(True or False) The federal government and the states have the same constitution.

false

(True or False) Uniform laws apply in all states, including those in which the laws have not been adopted.

false

(True or False) Whether financial statements created by an accountant need to be verified for accuracy is not a legal question.

false

. Embezzlement can be committed only by physically taking property from the possession of another. a. True b. False

false

1. A crime can be committed only against persons. a. True b. False

false

2. Criminal law spells out the duties that exist between persons or between citizens and their governments. a. True b. False

false

6. The crime of theft requires the taking of property, without regard to whether the perpetrator knew it belonged to another. a. True b. False

false

Bribing foreign officials to obtain favorable business contracts is not a crime. a. True b. False

false

Counterfeiting is robbery. a. True b. False

false

In some states, misdemeanors are punishable by imprisonment for up to ten years. a. True b. False

false

It is not a crime to defraud the public through the use of ads on television. a. True b. False

false

Larceny relies on fear and force. a. True b. False

false

Ordinarily, "ignorance of the law" is a valid defense to criminal liability. a. True b. False

false

Under the Fourth Amendment, a general search warrant and a general search through a person's belongings are permitted. a. True b. False

false

Under the exclusionary rule, all evidence must be included in a criminal prosecution. a. True b. False

false

(True or False) The basis for the U.S. legal system is the natural law school.

false?

(True or False) Stare decisis is a doctrine obligating judges to follow the precedents established within their jurisdictions.

true

(True or False) Statutory law includes state statutes and ordinances passed by cities and counties.

true

. Identity theft occurs when a wrongdoer steals another's form of identification and uses it to access the victim's financial resources. a. True b. False

true

28. Under the exclusionary rule, illegally obtained evidence may not be included in any criminal prosecution. a. True b. False

true

29. The purpose of the exclusionary rule is to deter police from misconduct. a. True b. False

true

3. Public officials prosecute criminal defendants. a. True b. False

true

4. A criminal case must be proved beyond a reasonable doubt. a. True b. False

true

5. One purpose of criminal sanctions is to deter others from committing similar crimes in the future. a. True b. False

true

A bank employee stealing funds from a client is an example of embezzlement. a. True b. False

true

A hacker is someone who uses one computer to break into another. a. True b. False

true

A suspect cannot be tried twice in the same court for the same crime. a. True b. False

true

All persons who are arrested have the constitutional right to remain silent. a. True b. False

true

Any criminal activity occurring via a computer in the virtual community of the Internet is a cyber crime. a. True b. False

true

Constitutional safeguards protect the rights of individuals against federal government actions. a. True b. False

true

Corporations, like persons, can be liable for crimes. a. True b. False

true

Crimes occurring in a business context are popularly referred to as white-collar crime. a. True b. False

true

Divestiture of a business interest is a possible penalty under RICO. a. True b. False

true

Falsifying public records is forgery. a. True b. False

true

Felonies are punishable by imprisonment for more than a year or death. a. True b. False

true

Individuals who are arrested must be informed of certain constitutional rights. a. True b. False

true

Most crimes must be prosecuted within a certain number of years after the crimes occur. a. True b. False

true

Someone suffering from a mental illness may be incapable of the state of mind to commit a crime. a. True b. False

true

The crime of bribery occurs when the bribe is offered. a. True b. False

true

There is at least one circumstance in which a person cannot refuse to testify on Fifth Amendment grounds. a. True b. False

true

Picking pockets is larceny. a. True b. False

true=