Study guide exam 2

The US Constitution was ratified and became effective in:

1789

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

Assumption of risk is a(n) ______ defense

Affirmative

The doctrine of ______ permits damages to be decreased by the percentage of plaintiffs' injuries caused by plaintiff's (or other guilty parties') negligence:

Comparative negligence

The 1st Amendment limits:

Congress from making certain laws restricting freedom of speech

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, Gina, and Flip

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 declare a right to privacy, this right is denied to people

False

The commerce clause of the US Constitution:

Gives congress power to regulate business

The 14th Amendment:

Granted citizenship and equal civil and legal rights to anyone born or naturalized in the US, declares due process of law, and guarantees equal protection of laws to those under a state's jurisdiction

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

If Ike intended to push Joan

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

Under the Constitution, Congress

Makes the laws

The 14th Amendment protects due process rights and:

Provides for equal protection

A state laws 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 state governments retain all powers not specifically delegated to the federal government

True

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

The 4th Amendment of the Constitution:

protects citizens from unreasonable searches and seizures

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 Office thereof. - Has all power to make all laws

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

A legislative rule

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

A public figure

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 14th Amendment concerns the:

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

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

Adjudication - a formal judgment on a disputed matter

A(n) ______ is an authority of the government, other than a legislature or a county, created to administer a particular law:

Administrative agency

The primary tool for local, state, and federal governments to 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

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

An enabling statute

Administrative agencies are generally created by:

An enabling statute of Congress

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 US

Defenses to a negligent act include:

Assumption of risk and superseding intervening cause (any damages that happen after the negligent act is already done that is not related to the defendant's actions)

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

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

Congress, under the Commerce and Necessary & 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 1st Amendment

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

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

False

The 1st 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

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

Hidden risks

The 16th Amendment to the US 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

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

Legal

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

Legislative delegation

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 these choices

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

Procedural

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

A major purpose of tort law is to:

Provide compensation for injured parties by wrongdoers

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

Race or sex

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

Congress enacts a law prohibiting toys made in China from being sold in the US. The Hawaii state legislature enacts a law allowing the sale of Chinese-made toys. Hawaii's law will most likely be:

Rendered invalid under the supremacy clause

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 (what is relevant or reasonable to have happened based on the action)

The first ten amendments of the US Constitution are called:

The Bill of Rights

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

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

After notice-and-comment rulemaking, the US 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

The US Constitution is composed of:

The preamble and seven Articles

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

The reasonable person meets

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

The statement is false

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

Administrative agencies are often created by Congress because:

They can consider technical details more effectively than Congress

The 1st Amendment protects symbolic speech

True

The checks and balances in the US 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

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

True