Legal Buisness Class
Esther is pulled over for crossing the yellow line with her automobile. The officer suspects Esther is intoxicated, so she administers a field sobriety test. Esther blows a .16 on the test, so the officer arrests Esther for DWI. Esther decides to fight the charge. Her defense is that she is an alcoholic, and the laws against driving while intoxicated unconstitutionally discriminate against her and other alcoholics. Does Esther have a valid defense to her DWI charge?
No, she does not because laws that regulate economic or social issues are presumed valid, and the courts will apply minimum scrutiny in evaluating whether such laws discriminate against people.
Which of the following is a true statement of the powers of a branch of the federal government?
The power to enact laws is vested in the legislative branch.
Who is authorized to enter into treaties under the Constitution?
The president
Jan claims she was under the influence of drugs and has no recollection of committing a crime. This defense is known as:
intoxication.
The argument that a law should not be followed because it violates the inherent rights of human beings follows which theory of jurisprudence?
natural law
Under which of the following could an online user reasonably expect to maintain privacy protections under the Fourth Amendment? (Select 2 answers)
when the user is entering in their credit card information to an online store when the user posted to a private online journal which did not allow for sharing or followers
Internet Service Providers (ISPs) are not liable for the content posted by someone on a neutral forum under the:
Communications Decency Act of 1996
Which of the following is the supreme law of the land?
U.S. Constitution
If an anonymous online user commits defamation against an individual or business, may that individual or business compel the Internet Service Provider to reveal the identity of the user?
Yes, if ordered to do so by a court.
Which of the following requires a plaintiff to prove malice?
defamation of a public figure
What is the business tort that happens when a person causes economic losses to a business by intentionally publishing false statements about the products or property of the business?
disparagement
Which branch of government creates statutory law?
legislative
Which of the following is the provision of the U.S. Constitution that establishes federal law precedence over state law?
the Supremacy Clause
Online activities and content may be legally regulated through the following laws or mechanisms: (Select 2 answers)
Tort law The First Amendment to the Constitution
What must a prosecutor prove when the law requires mens rea?
intent
What are the three steps of a civil trial? Choose 3 answers.
opening arguments closing arguments presentation of testimony and evidence
Civil law:
regulates the rights and duties between parties.
What is true of corporate political speech? Choose 2 answers.
Corporate political speech is protected by the First Amendment. Political donations are protected by the First Amendment as types of corporate political speech.
Nevada passes a statute that any 18-wheel truck passing through Nevada must meet a Clean Fuel Fleet Exhaust Emission Standard of no more than 2.8 nitrous oxide (NOx). The federal statute requirement for such trucks is no more than 3.8 NOx. Carlton is driving his 18-wheeler cross-country to deliver a load and stops at a Nevada weigh station. The weigh station officer inspects Carlton's documents, notes that Carlton's truck has a 3.4 NOx emission level, and issues a citation. On what grounds might Carlton fight this citation?
The federal statute preempts the state statute under the Supremacy Clause.
If a user of a social media app, publicly posts content incriminating themselves, may police use that as evidence against the individual?
Yes, because there was no reasonable expectation of privacy in the post.
What is the process of interviewing prospective jurors and either approving of or challenging a person's impartiality toward service on a particular jury?
voir dire
A business landowner has a duty to reasonably maintain his or her property for safety. When the business invites guests or customers onto its premises, it has a duty to:
warn invitees of and reasonably protect them from a foreseeable risk of harm or danger from something on the premises.
Freddy carries his books and school supplies in a large backpack. The hallways at Freddy's school are always very crowded. One day, Freddy turns around quickly to talk to a friend, and a sharp pencil that is sticking out of his backpack gouges Lorraine in the eye. Lorraine ends up losing the use of her eye. If Lorraine sues Freddy in a negligence action, the standard the court will use to determine whether Freddy is liable is:
what a reasonable person would have done under the circumstances.
How might a plaintiff's case be impacted if she can show that a defendant committed a tort in which the defendant exhibited bad faith?
The plaintiff may be entitled to punitive damages or additional damages.
What does the reasonable person standard impose on a person in a negligence lawsuit?
a duty to act as a reasonable person would in the same circumstances
Which of the following are sources of administrative law? Choose 3 answers.
executive orders agency regulations agency opinions
Legal realists would claim:
it doesn't matter what the law says, but who enforces it.
White-collar crime, which is usually committed by corporate or government officials, typically involves crimes committed for financial gain, such as: Choose 2 answers.
mail and wire fraud. embezzlement.
Which of the following statements correctly reflects the role of a federal administrative law judge (ALJ)?
An ALJ presides over an administrative hearing and issues an order that, when final, may be reviewed by a court.
Which of the following statements explains the formation and purpose of a federal administrative agency? Choose 2 answers.
An administrative agency is formed by enabling legislation that also provides the authority to establish regulations that will implement and enforce the law. Most federal administrative agencies are subject to the authority of the president, but some are independent.
A restriction on commercial speech will be valid if it meets three criteria. What are they? Choose 3 answers.
It must directly advance a government interest. company. It must not be overly restrictive to meet its objectives. It must seek to implement a substantial government interest.
How does the punishment for a misdemeanor differ from the punishment for a felony?
Misdemeanor fines are lower and imprisonment is usually limited to less than one year in jail.
Does the First Amendment protect defamatory speech online, provided it is anonymous?
No, because defamatory speech is unlawful.
Tillie is served with a lawsuit to collect a debt Tillie allegedly owes to Big Ben Clocks. The summons attached to the lawsuit says that Tillie has thirty days to answer the complaint. Fifteen days later, Tillie receives a copy of a default judgment in the mail, directing Tillie to pay $1000 to Big Ben Clocks. Does Tillie have any grounds on which to have the default judgment set aside?
Yes, it is a violation of procedural due process.
Which of the following types of law originated from early English history in an effort to provide a body of law that applied to the entire English realm?
common law
A person may be subject to which of the following penalties for crimes committed under the Racketeer Influenced and Corrupt Organizations Act (RICO Act)?
fines, imprisonment, and forfeiture of property
The U.S. Constitution impacts state sovereignty by requiring states to honor the public acts of another state through:
full faith and credit.
What is the medium level of scrutiny, sometimes called heightened scrutiny, that a court will use when deciding a case that involves a quasi-suspect class?
intermediate scrutiny
If the U.S. Supreme Court determines that a state or federal law violates the U.S. Constitution, it may:
invalidate the law.
Which branch of government has the authority to enact law?
legislative
Which theory of jurisprudence holds that the written law of a government is the highest law?
positivism
What is the lowest level of review by a court to determine whether a government action unconstitutionally infringes on protected rights?
rational basis review
After all pleadings are filed and discovery is completed, a party may ask the judge to rule in their favor on the basis that there are no genuinely disputed facts and the judge need only rule on the law. The motion asks the court for a:
summary judgment.
Anne Marie has surgery to have her gall bladder removed at Mt. Sinai Hospital. The surgery goes well, but several days later, Anne Marie experiences severe abdominal pain. X-rays reveal a small surgical instrument in Anne Marie's abdominal cavity. Anne Marie has to endure another surgery to remove the instrument. Anne Marie sues the surgeon for negligence. To win her negligence lawsuit against the surgeon, Anne Marie must prove:
that a reasonable surgeon would not have left a surgical instrument in her abdominal cavity.
Rhea, a 45-year-old supervisor in a women's retail clothing store, recently learned that a younger co-worker was promoted to a position she had applied for. Rhea has more experience and more time with the company and has always gotten excellent scores in her annual reviews. Rhea files an action with the Equal Employment Opportunity Commission (EEOC) for age discrimination. The Administrative Law Judge (ALJ) issues an order in favor of Rhea. This decision of the ALJ is:
the final order in the case unless the store appeals.
What type of speech does not receive First Amendment protections? Choose 3 answers.
threats to the president of the United States obscenity speech that incites lawlessness
Which of the following laws regulate wiretapping on a federal level?
Electronic Communications Privacy Act
Which of the following provides notification to a criminal defendant in custody of the right to an attorney?
Miranda warning
During the pandemic of 2020, the City of Mayberry passes an ordinance that requires all citizens to wear a face mask in public. Addison believes that the government cannot regulate his personal behavior and refuses to wear a mask; he says that forcing him to wear a mask violates his constitutional rights! A police officer stops Addison on the street and arrests him for violating the city ordinance. Can Addison successfully challenge the mask ordinance on constitutional grounds?
No, requiring people to wear a face mask during a pandemic is a valid exercise of the state's police power.
Which of the following statements are applicable to the doctrine of stare decisis? Choose 2 answers.
Stare decisis is a principle that arose out of the common law. A lower court must follow the precedent of a decision made by a higher court in the same jurisdiction.
In a negligence action, a plaintiff may seek an award for compensatory damages as a result of which of the following? Choose 3 answers.
actual missed days at work the loss of a spouse's companionship medical bills
When the parties in a dispute present their arguments and evidence to a neutral third party who then renders a decision, it is called:
arbitration.
Steps for creating a statutory law include filing a bill in the legislature, debating and voting on the bill in committees and in the legislative assembly, and ultimately:
becoming an act when signed by the president or state governor, or if vetoed, when the veto is overridden.
In contrast to federal courts, state courts have what kind of jurisdiction?
broad
Under the federal Computer Fraud and Abuse Act (CFAA), a person may be subject to what type of penalties for crimes such as unauthorized hacking of, theft of information from, or intentional damage to a computer?
fines, imprisonment, and restitution
When an agency needs to enforce the law or its regulations, it may exercise which of the following powers? Choose 3 answers.
investigate complaints and possible violations of its regulations or the law issue a subpoena conduct a hearing to obtain a final order
The judicial branch may limit an administrative agency's actions by which of the following? Choose 2 answers.
judicial review of the agency's regulations judicial review of the agency's orders on appeal
Judge Jasper and his friend, Judge Judy, were debating the philosophical theories of jurisprudence. Judge Jasper believes that law is just one of many institutions in society and that it is shaped by social forces and needs. Judge Jasper believes in the theory of jurisprudence called:
legal realism.
When a party wishes to excuse a potential juror without giving a reason, the party may exercise a:
peremptory challenge.
Court orders may: (Select 2 answers)
prohibit a party from doing something. compel a party to do something.
What is the term for the defense that a product was manufactured in compliance with all safety and health standards required at that time and used current technical or scientific knowledge?
state-of-the-art defense
Elton is a state representative for the North Dakota legislature. Recently, Elton and his colleagues in the legislature proposed a law that would increase the penalty drivers would have to pay if they pass a stopped school bus. The type of law that Elton and his colleagues will enact is known as:
statutory law.
Harold is the owner of Fairway Lawn Service, which provides lawn-care services to residential and commercial customers. Harold regularly sprays his customers' lawns with a pesticide that contains glyphosate. The Environmental Protection Agency (EPA) issues a citation to Harold for commercial use of the pesticide. The EPA says glyphosate can only be used in residential applications. Harold knows that this has not been the law in the past, so he searches the EPA website for information about glyphosate. Harold finds nothing that indicates glyphosate cannot be used in commercial applications, so Harold demands a hearing to dispute the citation he has been issued. Harold will probably:
win because the EPA did not give notice of the rule change regarding glyphosate.
An employee who violates a company's social media policy by public posting negative comments about the company:
may be fired.
Angelina and Sophia attended a professional development retreat at Ferncliff Camp. They met at a downtown location and traveled to the camp by bus. After three days of team-building exercises, Angelina and Sophia returned on the bus to their respective cars. When Angelina arrived at home, she discovered the camp employee who unloaded the bus had given her Sophia's luggage by mistake. She called the camp to explain what happened and hopefully get her luggage back. Angelina can be charged with the crime of:
nothing, because she did not have the mental state required to commit a crime.
Which of the following describes a product with a defective condition?
The product is not reasonably fit for its ordinary and intended use.
Which of the following are the two primary types of damages available for an intentional tort? Choose 2 answers.
compensatory damages punitive damages
The federal and most state judicial branches have at least these three levels in the court system:
trial court, intermediate appellate court, and highest appellate court.
Sofia works in the advertising department of Energy First, a company that manufactures a vitamin supplement that allegedly boosts a person's energy level. Sofia creates an advertisement for the product that states that Energy First has been clinically proven to boost energy levels when she knows that no such study has occurred. Can the government prevent Sofia from making such claims in her advertisements?
Yes, the government has a substantial interest in protecting the health of the public, and the restriction on these claims advances that interest without going any further than necessary.
The CAN-SPAM Act regulates unsolicited commercial emails by: (Select 2 answers)
requiring opt-out systems prohibits deceptive email headings
What are the three levels of scrutiny used by courts to determine the constitutionality of a government action? Choose 3 answers.
strict scrutiny rational basis review intermediate scrutiny
A product is unreasonably dangerous to consumers when it meets which of the following conditions? Choose 3 answers.
A less dangerous alternative was available but was not used by the manufacturer. The manufacturer failed to adequately warn the consumer about the dangers of the product. It is inherently dangerous but is even more dangerous than an ordinary consumer would expect.
Hallie has worked at Blue Stone Insurance Company for twelve years. Hallie has never had a discipline problem and has always excelled in her job as a human resources specialist. Yesterday, Hallie's supervisor Kimberly contacted her and told Hallie that she was being let go because of some controversial Facebook posts that Hallie had made that violated Blue Stone's media policy. Hallie had posted on Facebook pictures of herself smoking marijuana and made statements that Blue Stone's random drug testing policy was unfair. Hallie also listed the names of Blue Stone employees who were scheduled to be drug tested in the next week. Hallie wants to sue the company for unlawful firing; she believes that her First Amendment rights have been violated because Blue Stone accessed her Facebook account and fired her based on her posts. Does Hallie have a valid claim for wrongful termination?
No, Hallie does not have a valid claim for wrongful termination because her posts violated the company's social media policy.
Mexico, the United States and Canada entered into the United States-Mexico-Canada Agreement (USMCA) in 2020. One provision of the USMCA prevents any party from passing laws that restrict the cross-border flow of data. Mexico passes a statute that restricts the cross-border flow of data from England. Is the Mexican statute a violation of the USMCA?
No, the Mexican statute is not a violation of the USMCA because England is not a signatory to the USMCA.
For some time, the police have suspected Abbie of selling drugs out of her apartment, but the police have not been able to gather any concrete evidence with which to prosecute Abbie. One night, the police decide to try a knock-and-talk procedure, where the police just knock on Abbie's door and see if Abbie will allow them inside. Abbie refuses to give consent for the officers to enter after they knock, but the police officers push past Abbie anyway. Once the officers are in the apartment, the officers see drugs in plain sight, so the police seize the drugs and arrest Abbie for possession with intent to sell. At Abbie's trial, can the drugs be entered into evidence?
No, the drugs cannot be admitted into evidence at trial because they were illegally obtained.
Roger has worked for an agency, the Federal Reserve, for ten years. Recently, Roger has heard rumors that multiple employees have contracted COVID-19, a highly contagious and potentially dangerous disease, although they have recovered completely. Nevertheless, Roger is still concerned about being around these people, so Roger asks his employer, the Federal Reserve, for a list of these employees. The Federal Reserve refuses, so Roger files a Freedom of Information Act (FOIA) request for the information. Under the FOIA, will the Federal Reserve provide Roger this list?
No, this information is confidential and personal.
The Administrative Procedure Act (APA) is the federal law that does which of the following?
The APA sets out the rule-making process for administrative agencies.
The role of a mediator is to:
assist parties in a dispute in resolving their differences out of court.
Beatrice runs a boutique clothing store called Jewel's Place. Beatrice's biggest local competitor is Andrea, who owns a similar shop called Rags to Riches. Beatrice makes several social media posts stating that Andrea purchases the clothing in her store from an overseas sweat shop that hires underage children and pays them only fifty cents per day. Beatrice's online posts:
constitute defamation if the statements are not true.
A company issues a laptop computer to an employee for use at the business location only. The employee takes the laptop home to use for his or her own purposes and reports it as lost. This is an example of:
embezzlement.
What is the system of government called in which states form a union and share sovereign power with the central government of the union?
federalism
Through which proceeding do prosecutors obtain an indictment?
grand jury
Sar signs a contract with a new customer, her biggest one yet. The next day, Sar learns that her biggest competitor, Jen, has convinced the customer to sign with Jen and break the contract with Sar. Sar is upset about the deal but does not want to sue. Sar's attorney, however, encourages Sar to sue Jen. Her attorney tells Sar that it is important to sue Jen, who acted badly, for policy reasons. In addition to compensating Sar for her losses, a lawsuit would:
help deter Jen and others from committing similar bad behavior in the future.
A party may challenge a potential juror for cause if the party believes the potential juror: (Choose 3 answers.)
is a friend or relative of one of the parties. has prior knowledge of the facts of the lawsuit. is biased.
Dion is head of the National Security Agency, a subagency of the Department of Defense. Dion has held the position for years and feels comfortable that he is secure in his position. However, after Dion holds a press conference where he directly contradicts a statement the president made, he receives a letter from the president removing him from his position. Dion objects to the firing, stating that he can only be removed from office "for good cause." If Dion sues for being wrongfully removed from office, he will:
lose because the president has the power to appoint and remove officers of executive federal agencies.
Noah and Otto have been neighbors for years. They have also been arguing for years, and each of them prohibits the other from coming onto his property. One day, as Noah is getting in his car to go to work, he sees Otto's 15-year-old son Hank lying in Otto's front yard. Hank had been mowing the yard when he lost his footing and fell, and the mower ran over his leg. Noah rushes over to help Hank. Because Otto is not home, Noah helps the boy and waits with him until his mom comes home. Later, when Otto finds out what happened, he wants to sue Noah for coming onto his property. If Otto sues Noah for coming onto Otto's property without permission, Otto will:
lose because the trespass was warranted.
What is a document called that is filed with the court to state the position of the plaintiff or the defendant in a lawsuit and ask for relief from the court?
pleading
Joan's lawyer, Albert, feels pretty good about the chances of winning Joan's case. He has found a case directly on point, which means it has the same issue and very similar facts. If the court follows the decision in the case Albert found, then Joan will win her case. Albert argues Joan's case to the trial court, and the trial court decides for Joan. The fact that the trial court decided the case in Joan's favor is an example of:
stare decisis.
Mona raises marijuana plants in her basement. She has a few regular customers, even though marijuana is not legal in her state, but has never had any issues with the law. One day, the police show up at her house without a warrant. They request consent to search her house, and she declines. The police search the house anyway, find the marijuana plants, and arrest Mona for possession of marijuana with the intent to deliver. Savannah, Mona's attorney, moves to suppress the evidence before trial. After a hearing on the motion to suppress, the judge will probably:
suppress the evidence because the police did not have a warrant for the search.
Employers have the right to monitor emails by their employees when: (Select 2 answers)
the employer has provided the computer on which the emails are sent. the company has provided the email server on which the email was sent.
What is the prosecutor's burden of proof in a criminal case?
beyond a reasonable doubt
Which of the following is a correct statement of federal preemption of state law under the Supremacy Clause? Choose 2 answers.
A state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field. A state law that requires documentation of citizenship is preempted by the National Voter Registration Act because the act only requires a statement under oath.
Maverick Manufacturing creates dress slacks for men and women. Maverick's decides to expand its business by opening a new manufacturing plant in China to create slacks that will be sold in China as well as in the United States. Maverick will hire both American and Chinese employees to work in the plant. Maverick's upper management thinks that the same laws that protect U.S. employees should apply to the Chinese workers as well. Maverick's upper management subscribes to the:
natural law school of legal thought.
Ahmed is an employee of Bristol Manufacturing Company. Bristol manufactures plastics, which creates large amounts of toxic waste that must then be disposed of. Ahmed is responsible for making sure this toxic waste is properly disposed of. To cut costs, Ahmed decides to divert the liquid waste into a local stream, instead of properly disposing of it. This is a direct violation of the Clean Water Act, a national law that protects the United States' waterways. Sanford is the director of the division in which Ahmed works and knows that Ahmed is doing this. When the authorities discover Ahmed's unlawful actions, can Bristol be held criminally liable?
Bristol can be held criminally responsible if Sanford knew of Ahmed's criminal actions.
Wyatt is arrested under a federal statute that makes using marijuana illegal. The state that Wyatt lives in allows recreational use of marijuana. Wyatt challenges the federal statute on the grounds that it is time for the law to change. Wyatt's argument is that recreational marijuana use is now legal in eleven states and medical marijuana use is legal in 34 states; therefore, it is time for the federal government to come into the 21st century and make the use of marijuana legal throughout the United States. Judge Sanderson is the district court judge hearing the case, and he rules that the law should not be overturned. Judge Sanderson is a proponent of the legal positivism school of legal thought. Therefore, Judge Sanderson believes that:
judges should defer to existing laws because there is no law higher than the laws created by a national government.
Way Out Records signs a one-year contract with Reddick for exclusive rights to record his songs. Fun Times Records hears about the deal and begins discussions with Reddick to record for them instead. To convince Reddick to cancel his contract with Way Out Records, Fun Times offers Reddick ten percent more royalties on his songs and a more flexible recording schedule than Way Out had offered him. Fun Times also sweetens the deal by offering a two-year contract instead of just one year. Reddick signs the two-year contract with Fun Times and cancels the contract with Way Out. If Way Out Records sues Fun Times Records for tortious interference with a contract:
Way Out Records will probably be successful, because Fun Times Records wrongfully induced Reddick to break his contract with Way Out Records.
Evelyn is looking for a baby gift for her friend, so she visits an online social media site, Bundle of Joy, to get some ideas. Bundle of Joy is a social media site where expectant and recent mothers can visit and exchange ideas and concerns. It has a huge presence on the internet, almost as big as Facebook. Evelyn is always concerned about her privacy online, so she carefully reviews the company's privacy policy before she uses the website. The privacy policy clearly states that the site uses cookies to gather information from the user, but the information will be used only by Bundle of Joy to help the user connect with other users who share common interests. A week later, Evelyn begins receiving offers for baby items from multiple online retailers, each beginning with the words: "Because you visited Bundle of Joy....." Evelyn is enraged and complains to the Federal Trade Commission (FTC). Is there anything the FTC can do on Evelyn's behalf?
Yes, the FTC can sue Bundle of Joy if it has an agreement with Bundle of Joy that allows the FTC the power to review Bundle of Joy's privacy and data practices and it violates its own policies.
Josef grew tired of making minimum wage at a local fast-food restaurant, so he decided to pursue a more lucrative venture. Josef started selling marijuana and meth, and soon built up a substantial business. Josef then posts about his success on Facebook, displaying a picture of himself surrounded by his "product" and fanning out a big stack of cash. After local law enforcement learn of the post, an officer friends Josef online to learn more about his contacts, so they can find out who his customers and suppliers are. Any information obtained through this online "sting":
can be legally used.
Bart works as an accountant for Good Times Restaurant. He is responsible for not only keeping the books current but also for making daily bank deposits for Good Times. Bart has been struggling financially, so he decides to put some of the daily bank deposits for Good Times into his personal account, instead of the bank account of Good Times. Every day, for one month, he takes ten percent of the cash receipts from Good Times and deposits them into his personal checking account. When the manager of Good Times discovers what Bart is doing, she contacts the police, and Bart is arrested. Bart can be found guilty of:
embezzlement.
Oscar runs an internet site that creates and licenses access to computer-generated cartoons. Lately Oscar's customers have been asking for material that contains sexual content, particularly sexual content involving children. Oscar develops a cartoon of computer-generated characters that appear to be children engaging in sexual activity. Oscar loads the cartoon onto his website and makes it available for download. The cartoon looks quite realistic and contains no notice that the images are computer-generated and not actual people. The government prosecutes Oscar under a statute that makes it a crime to intentionally distribute virtual child pornography without indicating that it is computer-generated. Oscar defends on the basis that no actual children were involved in the cartoon, and the statute unconstitutionally infringes on his First Amendment right to free speech. The court is likely to hold that:
the statute is valid because it does not prohibit a substantial amount of protected speech.