Study Guide Exam 2

The U.S. Constitution was ratified and became effective in:

1789

Bette backs out of City Parking Garage, colliding with Dill's car. Dill may recover \\$7,500 to cover the cost of the repairs if Bette failed to act as

A reasonable person

Leon files a suit against Moira, a medical doctor, alleging negligence. As a physician, Moira is held to the standard of

A reasonable physician

The functions of the Social Security Administration, like those of other administrative agencies, include

Adjudication. (a formal judgement on a disputed matter)

Defenses to a negligent act include:

Assumption of risk and superseding intervening cause

The first ten amendments of the U.S. Constitution are called:

Bill of Rights

Wickard v. Filburn concerned the ability of Congress to impose controls on wheat growing, including a small farm that produced a small amount of wheat for use on the farm. This case shows how ____:

Congress can regulate almost any form of commerce, even if the impact on interstate commerce is tiny

The First Amendment limits:

Congress from making certain laws restricting freedom of speech

Regulatory agencies engage in rulemaking. This authority comes primarily from:

Congress, under the Commerce and Necessary and Proper Clauses

Adult Shoppe in Beach City sells a variety of publications, including child pornography. Beach City enacts an ordinance prohibiting the sale of such materials. This ordinance is most likely

Constitutional under the first amendment

Congress grants to an agency the power to perform regulatory functions. A statute delegating power to an agency is called:

Enabling statute

Administrative agencies are generally created by:

Enabling statute of Congress

Drake pushes Evon into the path of an oncoming car driven by Flip. Gina tries to rescue Evon. Drake is liable for any injuries to

Evon, Flip, and Gina.

Kai files a suit against Lana based on one of Lana's statements that Kai alleges is fraudulent. To give rise to fraud, the statement must be one of

Fact

An assumption of risk defense does not require that a risk be voluntarily assumed.

False

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

False

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

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

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

False

The First Amendment protects obscene speech.

False

The federal government cannot regulate commerce within a state, regardless of the effect of the commerce on other states.

False

To avoid liability for negligence, a business owner must protect its patrons against all risks.

False

Under the doctrine of strict liability, liability is imposed strictly according to fault.

False

The proximate cause of an injury is the ____ cause of the injury.

Legal

Under the Constitution, Congress

Makes the laws

Administrative rules are classified as substantive (legislative), interpretative, and:

Procedural

The strongest claims of violations of protection involve discrimination based on:

Race or sex

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

Render invalid under the supremacy clause

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

The facts and the law

To notify the public of a proposed rule, the Food Safety and Inspection Service, like other federal agencies, publishes the proposal in

The federal register

Jaqy distributes a handbill among her neighbors accusing one of themKedof being a convicted sex offender. The statement is defamatory only if

The statement is false

Administrative agencies are often created by Congress because:

They can consider technical details more effectively than Congress and have the ability to monitor a regulated industry on a continuous basis (DON'T INCLUDE LAST PART)

The necessary and proper clause allows Congress to:

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

A state law that places a significant burden on religion is unconstitutional.

True

Equal protection means that the government must treat similarly situated individuals in a similar manner.

True

False imprisonment occurs when a person restrains another intentionally and without justification.

True

If no harm results from an allegedly negligent act, there is no liability.

True

Punitive damages are intended to punish a wrongdoer and deter others.

True

The First Amendment protects symbolic speech.

True

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

True

The doctrine of negligence per se applies if an event causing harm does not normally occur in the absence of negligence.

True

The purpose of tort law is to provide remedies when various protected interests have been invaded.

True

The state governments retain all powers not specifically delegated to the federal government.

True

Under the Constitution, the states retain all powers not specifically delegated to the federal government.

True

In a tort of negligence, causation is:

a basic element linking one party's act and another's injury

A tort is:

a civil wrong not a breach of contract

The Federal Aviation Administration uses notice-and-comment rulemaking. The final rule in such a proceeding is sometimes referred to as

a legislative rule.

The Fourteenth Amendment concerns the:

ability of the government to restrict the freedoms of life, liberty, or property

A(n) ____ is an authority of the government, other than a legislature or a court, created to administer a particular law.

administrative agency

The primary tool for local, state, and federal governments use to perform regulatory functions is the:

administrative agency

Substantive (legislative) rules issued by agencies are:

administrative statutes with the same force and effect of law as statutes passed by Congress

Assumption of risk is a(n) ____ defense.

affirmative

You purchase 150 acres of property in the Oregon mountains that is zoned for construction on pieces of land more than 40 acres in size. Before you build a home, the Oregon legislature passes the Preservation Act, which prohibits construction. Your land is nearly worthless now and you sue. Your basis for a suit against Oregon is:

an unconstitutional uncompensated government takings

Savers Mart, Inc., distributes its merchandise to retail outlets on an interstate basis. Under the commerce clause, Congress has the power to regulate

any commercial activity in the United States

The doctrine of ____ permits damages to be decreased by the percentage of plaintiffs' injuries caused by plaintiff's negligence

comparative advantage

Dian, a clerk at an Entertainment Unlimited store, takes a DVD player from the store without permission. Dian is liable for

conversion

A legislative delegation:

delegates to an agency the power to perform its regulatory purpose

The commerce clause of the U.S. Constitution:

gives Congress power to regulate business

Cook's Pantry Appliances, a retail store, must use reasonable care on its premises to warn its patrons of

hidden risks

Ike pushes Joan, who falls and breaks her arm. Ike is liable for the injury

if Ike intended to push Joan.

The 16th Amendment to the U.S. Constitution gives the federal government the power to:

impose income taxes

As held by Chief Justice Marshall in Gibbons v. Ogden, commerce among the states means:

interstate commerce

Congress gives an agency power and authority through a(n):

legislative delegation

The Klan Motel is one of twenty motels in town but the only one that refuses to rent rooms to non-whites. Congress holds that motels may not discriminate on the basis of race. The Klan Motel challenges the regulation as it applies to that motel. The owner will:

lose; Congress may regulate such local businesses

Liz trespasses on Mega Corporation's property. Through the use of reasonable force, Mega's security guard Ned detains Liz until the police arrive. Mega is liable for

none of the choices

The U.S. Constitution is composed of:

preamble and seven articles

Marie claims that a Nebraska state statute infringes on her "procedural due process" rights. This claim focuses on

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

The Fourth Amendment of the Constitution:

protects citizens from unreasonable searches and seizures

A major purpose of tort law is to:

provide compensation for injured parties by wrongdoers

The Fourteenth Amendment protects due process rights and:

provides for equal protection

Toni files a suit against Universal Media Corporation for defamation. Actual malice must be shown for recovery of damages if Toni is

public figure

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

relevant

If causal connection between a person's act and the resulting harm to another is broken by an intervening act or event, the act or event is called:

superseding cause

Proximate cause limits liability to harms:

that bear a reasonable relationship to the defendant's negligent conduct

Congress leaves it to the Bureau of Prisons to oversee the promulgation of detailed regulations in areas under the agency's jurisdiction. This is

the delegation of legislative powers.

Ordinary care or due care is a standard of care that the law presumes:

the reasonable person meets

The term res ipsa loquitur means:

the thing speaks for itself

Which is not a necessary element of negligence?

the wrongdoer's actions were motivated by malice

Negligence torts are based on the idea that:

we have a duty to conduct ourselves in all situations so as not to create an unreasonable risk of harm or injury to others