US Law, Constitution, Immigration & Employment

What does a Legal Realist approach to property law entail? A. It acknowledges that in applying property law to situations, judges make normative choices. B. It involves the recognition that property law produces "real" outcomes. C. It recognizes the property rules can be used to decide cases without any element of choice.

A. It acknowledges that in applying property law to situations, judges make normative choices. Legal Realism is a distinctively American approach to legal reasoning. It involves the recognition that in deciding individual cases, judges do more than just apply legal rules to facts; but instead also make normative choices in choosing which rule to apply and in shaping and interpreting the law.

In the famous case of the two Peerless boats, the court found that the contract the parties had made for cotton delivered on the ship Peerless was void. Why? A. The parties each had something different in mind—a different ship—and there was no way in which either party was being more objectively reasonable. B. The parties each had secret intentions that they chose not to reveal to one another, leading to a case of promissory fraud. C. The parties were not actually embarking on sea voyages themselves. D. Only one of the Peerless boats was carrying cotton, and it was the wrong ship.

A. The parties each had something different in mind—a different ship—and there was no way in which either party was being more objectively reasonable. When there was no way to prefer one meaning over another, the court chose not to enforce the contract rather than hold one of the parties to a deal he did not intend to agree to.

Which of the following is NOT an essential part of the American understanding of property law? A. An identifiable resource B. A tangible physical object C. A relationship between individuals

B. A tangible physical object The dominant understanding of property law in America is as the rules governing relations between individuals as mediated through an identifiable resource. American property law does not relate only to tangible physical objects; it applies equally to all identifiable resources, tangible, intangible, and notional.

The Articles of Confederation failed because: A. They were too complicated to understand B. The national government was too weak C. No one liked the name D. The national government was too strong

B. The national government was too weak The goal of the Articles was to create a government that was too weak to be a tyrant. The Articles accomplished this goal but failed to create a national government that was strong enough to govern.

What is unique about "American common law" that distinguishes it from the common law as developed in other countries? A. It is more "common" and understandable. B. There are multiple American common laws. C. The President has a direct role to play in developing American common law.

B. There are multiple American common laws. Unlike other common law countries such as England and Australia, in the U.S. there is not one single common law, but rather multiple common laws since each individual state has its own common law. Consequently to speak of an American common law is to refer to the common laws of the various states of the U.S.

Which of the following is NOT a power the Constitution gives to the President? A. Commanding the armed forces B. Making treaties, subject to Senate ratification C. Declaring war D. Hiring and firing most executive officials

C. Declaring war Although the Constitution makes the President the commander of the armed forces, it does not give him or her the power to declare war.

Which of the following is NOT true regarding work visas? A. The H-1B visa is for foreign workers in specialty occupations B. The H-1B1 visa is sometimes referred to as the Free Trade Agreement (FTA) visa C. The H-2A visa is for temporary/seasonal agricultural workers D. The H-3 visa is for temporary/seasons non-agricultural workers

D. The H-3 visa is for temporary/seasons non-agricultural workers

True or false: The party system improves the functioning of the Constitution's separation of powers.

False The Constitution's separation of powers is intended to create checks and balances between the branches; however the party system tends to create either too much or too little checking and balancing.

Under Section 212(e), for how many years would a J-1 visa holder need to reside in their last country of citizenship before seeking permanent residency in the United States (assuming no waiver)? 1 2 3 4

2

A foreign citizen visiting her American fiancée in the United States on a K-1 visa must marry her fiancée within how many days of arrival? 30 days 60 days 90 days 120 days

90 days

When the doctrine of res ipsa loquitur applies, A. "the thing speaks for itself" and plaintiffs can more easily meet the evidentiary burden of proof by a preponderance of the evidence. B. " the employer is responsible " and defendants can sue employers for injuries committed by their employees in the scope of employment". C. the burden of proof shifts from the "preponderance of the evidence" standard to a " clear and convincing evidence" standard.

A. "the thing speaks for itself" and plaintiffs can more easily meet the evidentiary burden of proof by a preponderance of the evidence. The Latin phrase derives from classic case precedent of Byrne v Boadle. Not infrequently plaintiffs are injured due to what is likely someone else's negligence, but are at a loss to identify the precise mechanism of injury and perhaps the precise tortfeasor. The doctrine creates a rebuttable inference that negligence on the part of a person with control over the instrumentality of injury—such a barrel of flour or armchair that has fallen from the sky—is the negligent party. Answer B is incorrect. The doctrine that employers who have not been negligent are responsible for employee's negligence committed in the scope of employment has a different Latin name, respondeat superior. Answer C is completely untrue. The doctrine shifts a burden from plaintiffs to defendants but does not change the overall burden of proof in a case to a clear and convincing evidence standard or any other standard.

The Supreme Court has held that: A. Campaign expenditures may not be limited, but campaign contributions may be B. Campaign contributions may not be limited, but campaign expenditures may be C. Money is not speech D. Corporations do not have the same speech rights as individuals

A. Campaign expenditures may not be limited, but campaign contributions may be The Court has held that campaign expenditures receive greater First Amendment protection than contributions.

The Dickerson decision held that: A. Congress may not overrule the Supreme Court's interpretation of constitutional requirements B. Miranda was wrong C. Congress may overrule mistaken Supreme Court decisions D. Miranda was right

A. Congress may not overrule the Supreme Court's interpretation of constitutional requirements

Negligence is defined in American common law as: A. Failure to exercise the care of a reasonable person of ordinary prudence under the circumstance.

A. Failure to exercise the care of a reasonable person of ordinary prudence under the circumstance. Negligence is generally defined as the failure to exercise the care of a reasonable person of ordinary prudence under the circumstances. Answer B is incorrect, because negligence is not defined as causing an unaffordable injury. The wealth of the victim is rarely relevant to the question of whether a defendant's conduct is negligent. Philosophically speaking, however, tort law seeks corrective justice—to restore the victim to the position he or she was in prior to the accident, through a monetary payment. Answer C is also incorrect. The law requires that persons seek to avoid foreseeable injuries, but liability dos not hinge on making attempts and incurring liability if one fails.

The person/institution who/that has released the largest number of Guantanamo detainees is: A. George W. Bush B. Barack Obama C. The federal courts D. The International Court of Justice

A. George W. Bush President Bush released over 500 detainees.

Which of the following is NOT true regarding humanitarian visas? A. Humanitarian visa status does not usually require cooperation with law enforcement—it does, however, require evidence that one was a victim of a crime B. The S visa is for witnesses or informants in a criminal investigation or prosecution C. The T visa is for victims of sex trafficking D. The U visa is for victims of crimes, such as abuse, domestic violence, etc.

A. Humanitarian visa status does not usually require cooperation with law enforcement—it does, however, require evidence that one was a victim of a crime

Sex discrimination historically has differed from race discrimination in that: A. It was based more on romantic paternalism than inferiority B. It was less widespread C. It was more justifiable D. Courts held it unconstitutional sooner

A. It was based more on romantic paternalism than inferiority See class 20 Lecture discussing Bradwell v. Illinois in which Justice Joseph Bradley explains that "[t]he paramount destiny and mission of woman are to fulfill the noble and benign offices of wife and mother.

Which of the following statements about justifications and excuses is most true (choose one)? A. Justifications and excuses both address questions of why someone seemed to violate the law, even if they intentionally caused harm. B. Justifications generally require only that the defendant honestly (actually) believed that there was a good reason to act as the defendant did, even if that belief was not reasonable. C. Excuses are valid because in cases of excuse the defendant did not intentionally harm someone. D. Lack of free will is the basis for both justifications and excuses.

A. Justifications and excuses both address questions of why someone seemed to violate the law, even if they intentionally caused harm. Justifications generally require that the defendant's belief must be both actual and objectively reasonable. Excuses apply when the defendant is a non-responsible person, not because the defendant did not intend harm. There is a philosophical, metaphysical debate about whether human beings have "free will"—a term that has many meanings—but that debate is not part of the criminal law.

Some important exchanges unfold over time. How does the legal enforcement of promises (contract law) facilitate exchange over time? A. Legal enforcement of promises permits the parties to the contract to make plans and act in reliance on the deal. B. Legal enforcement of promises permits the government to monitor long-term contracts. C. Legal enforcement of promises permits parties to charge higher prices for their services. D. Legal enforcement of promises permits deceptive business practices to be more easily challenged in court.

A. Legal enforcement of promises permits the parties to the contract to make plans and act in reliance on the deal. In many exchange relationships, one party has to perform—do her part—before the other. And in many cases, the deal is better for the parties if they can make choices along the way to plan and prepare in expectation that the deal will happen. Enforcing the parties' respective promises permits them to rely on the deal.

Those who manufacture and sell consumer products are liable for injuries caused by: A. Manufacturing defects. B. Misuse of products by well-meaning users. C. Natural disasters.

A. Manufacturing defects. Under the branch of tort law called "products liability" law, manufacturers are liable for manufacturing defects, design defects and product labeling and warning defects. A manufacturing defect is a deviation from the manufacturer's own standards that dangerously violates consumers' expectations of safety. For example, consumers would not expect a glass bottle filled with drinking soda to explode in their hands; and a rare bottle that did so would dangerously deviate from its manufacturer's own production standard. Answer B is not correct. Product misuse is a defense in many product liability lawsuits. If a plaintiff has placed himself or herself in danger by using a product in ways not intended or reasonably foreseen , the manufacturer will not generally be liable. Answer C is not correct. Manufacturers do not assume burdens of liability for unusual injuries associated with natural disasters, such as hurricanes and earthquakes. For example, if a tsunami following an earthquake dropped a boat onto someone's house, the manufacturer of the boat is not liable to the unfortunate homeowner for tragic personal injuries or catastrophic property damage.

The best justification for campaign finance reform is that: A. Some forms of regulation promote the values of the First Amendment B. Political speech is unimportant C. Corporations are not people D. Money is not speech

A. Some forms of regulation promote the values of the First Amendment Although regulation may accomplish bad things, the Government can help democracy instead of hurting it by preventing private actors from threatening Constitutional values. See Class 23 Lecture.

Southern secessionists sought justification for secession primarily in: A. The Declaration of Independence B. The United Nations Charter C. The Constitution D. The Articles of Confederation

A. The Declaration of Independence The Declaration of Independence says that when any "form of government becomes destructive of the ends for which it was established, it is the right of the people to alter or abolish it." The Confederate States of America quoted this part of the Declaration to justify their secession.

Which of the following is NOT true? A. The Q visa is for religious workers seeking to work for a church, synagogue, or mosque B. The L-1 visa is an intracompany visa for employees that work for companies with a U.S. presence C. The O-1 visa is for individuals with extraordinary ability in the arts, sciences, business, etc. D. The P-1 visa would be sought by an foreign athlete seeking to compete in the U.S.

A. The Q visa is for religious workers seeking to work for a church, synagogue, or mosque

The Ninth Amendment says that: A. The fact that a right is not enumerated in the Constitution does not mean it doesn't exist B. The Constitution protects whatever individuals believe is important C. Judges should decide what rights the Constitution protects D. People have only the rights the Constitution mentions

A. The fact that a right is not enumerated in the Constitution does not mean it doesn't exist

The Bill of Rights protects individuals against: A. The federal government, but not the states B. States, but not the federal government C. Everyone D. Both the states and the federal government

A. The federal government, but not the states The Bill of Rights applies only to the federal government. The Founders were worried about federal government power following the Revolution.

The Sixth Amendment protects: A. The rights to counsel, to confront one's accusers, and to a jury trial in criminal cases B. The right to confront one's accusers C. The right to counsel D. The right to a jury trial in criminal cases

A. The rights to counsel, to confront one's accusers, and to a jury trial in criminal cases

Judges and others who interpret the meaning of the U.S. Constitution often examine the following sources to ascertain meaning (choose all that apply): A. The text of the operative provisions in the Constitution. B. The definitions section of the Constitution. C. The contemporaneous understandings of the men who wrote and ratified the Constitution in the late 1700s. D. Subsequent interpretations and practices by major institutional actors over the past 225 years.

A. The text of the operative provisions in the Constitution. C. The contemporaneous understandings of the men who wrote and ratified the Constitution in the late 1700s. D. Subsequent interpretations and practices by major institutional actors over the past 225 years. The correct selections are A, C and D. There is no definitions section or glossary in the U.S. Constitution to resolve the ambiguity surrounding key words in the document's text. Interpreters look to the text itself to ascertain meaning, but also often go beyond the text to consider extrinsic evidence of what the Framers intended the words to mean. Interpretation also often takes account of longstanding understandings and governmental practices that have developed over the course of time.

In the Korematsu case, the Supreme Court: A. Upheld the government's power to exclude citizens from certain locations on racial grounds during wartime B. Upheld the government's authority to impose a curfew on racial grounds during wartime C. Struck down a government attempt to detain citizens in camps on racial grounds during wartime D. Upheld the government's power to detain citizens in camps on racial grounds during wartime

A. Upheld the government's power to exclude citizens from certain locations on racial grounds during wartime The Korematsu case challenged a law making it a felony to live in Oakland if you were of Japanese descent.

Which of the following is false? A. Visas allotted for non-immediate relatives (e.g., adult brothers and sisters) through petition by U.S. citizens are not subject to annual numerical limits B. It can take over a decade for a U.S. citizen to bring a non-immediate family member to the United States after filing a petition C. Under the Violence Against Women Act, a victim of spousal abuse may self-petition (assuming that the abusive spouse is a U.S. citizen) D. None of the above

A. Visas allotted for non-immediate relatives (e.g., adult brothers and sisters) through petition by U.S. citizens are not subject to annual numerical limits

The fate of America depends on: A. You B. The genius and foresight of the Founding Fathers C. The willingness of judges to accept the genius and foresight of the Founding Fathers D. The willingness of judges to change the meaning of the Constitution to adapt to new circumstances

A. You Social movements have the power to influence people. Courts respond to current attitudes. Ultimately it is we the people who decide how constitutional questions are decided

A foreign citizen can enter the United States with temporary, non-immigration status to: Work Study Visit for business or pleasure All of the above

All of the above

According to the Declaration, if government oppresses people, they have a right to: Protest Ignore laws they don't like Petition Alter or abolish their form of government

Alter or abolish their form of government The Declaration says, "[W]henever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government..."

Which one of the following is NOT a valid reason for a waiver under Section 212(e)? A. No objection from the government funding the J visa holder B. A J visa holder's romantic relationship with a U.S. citizen C. A request by a designated state public health department on the foreign national's behalf D. The risk of persecution in the foreign national's home country

B. A J visa holder's romantic relationship with a U.S. citizen

Which of the following is an example of American property law's pragmatic orientation? A. A court's finding of a trespass when someone merely enters onto another's property without permission. B. A court's interpretation of the law of licenses—as applied to movie theaters and tickets - according to society's prevalent understanding of the permissions afforded to ticket holders. C. A court's unwillingness to use the law of licenses to regulate access to movie theaters and places of entertainment.

B. A court's interpretation of the law of licenses—as applied to movie theaters and tickets - according to society's prevalent understanding of the permissions afforded to ticket holders. American property law is distinctively pragmatic in outlook and orientation. A paradigmatic example of this pragmatism is Justice Holmes's opinion in Marrone where he chose to interpret the law relating to licenses, a branch of property law, by reference to common understanding and usage.

Under the Massachusetts state court's ruling in the historic "fighting dogs" case of Brown v. Kendall (1850): A. A plaintiff is entitled to compensation if the defendant acted unreasonably. B. A plaintiff is entitled to recover if the defendant is at fault. C. A plaintiff who is partly at fault for his or her injury can never recover damages.

B. A plaintiff is entitled to recover if the defendant is at fault. Brown V. Kendall is an important nineteenth century precedent subsequently followed by US courts establishing the "Fault Principle". The court rejected a rule of "strict" or "no fault" liability, whereby injured plaintiffs are entitled to recover if they show that a defendant's volitional conduct is the cause of their injuries. In an old English case, "The Case of Thorns," the court had found the defendant liable even though he may have acted reasonably in seeking to remove thickets from his property that had fallen on his neighbors land. A is incorrect. Although tortious conduct is often unreasonable, the court did not rule in this case that there is liability anytime the defendant has acted unreasonably. C is also incorrect. The court did not hand down the common law "contributory negligence rule" of yesteryear that a person partly at fault is completely barred from recovery.

Which one of the following is true? A. An applicant cannot be excluded from the U.S. merely because he is likely to be dependent on the U.S. for financial support B. An official may consider one's health, age, and education to determine whether or not an applicant is likely to become a public charge C. An applicant cannot be excluded merely because he does not have the appropriate paperwork to enter the U.S. (e.g., a valid passport) D. All of the above

B. An official may consider one's health, age, and education to determine whether or not an applicant is likely to become a public charge

In the famous case of Hamer vs. Sidway, the court decided that it could enforce an uncle's promise to give his nephew $5,000 if the nephew would abstain from drinking, smoking, and gambling. Why is this a contract with consideration rather than a conditional gift? A. Because the court found that nephew was better off avoiding alcohol and tobacco than he would have been if he'd kept drinking and smoking. B. Because the court found that the uncle wanted to give up money in order to get the nephew to stop drinking/smoking/gambling, and the nephew stopped those things in order to get the money, so there was a bargain. C. Because the court found that the uncle wanted to give his nephew a gift and thought that his 21st birthday was the right time to give it. D. Because the court found that an uncle and a nephew can participate in a contractual exchange even though they are related to each other.

B. Because the court found that the uncle wanted to give up money in order to get the nephew to stop drinking/smoking/gambling, and the nephew stopped those things in order to get the money, so there was a bargain. The doctrine of consideration requires that contracts be bargained-for exchanges, meaning that each person has to be making his promise in order to get the other person to make her promise—the parties are each motivated to participate in the deal because of what the other party is offering.

Jane is a carpenter. Caleb asks her if she could build him a set of shelves. He says he could pay her $300. Jane knows that she won't be able to fit his job in, but thinks Caleb will forget about it and so she agrees and shakes hands. Later, when Caleb reminds her they had a deal, she disagrees. Under the modern doctrine of assent, who is right and why? A. Caleb is right that there is mutual assent in this case, because $300 is a fair price for bookshelves. B. Caleb is right that there is mutual assent in this case, because both parties have voluntarily communicated to each other their agreement to the deal. C. Jane is right that there is no mutual assent in this case because $300 is not a fair price for bookshelves. D. Jane is right that there is no mutual assent in this case because she did not in fact intend to participate in the deal so there was no real meeting of the minds.

B. Caleb is right that there is mutual assent in this case, because both parties have voluntarily communicated to each other their agreement to the deal. The modern doctrine of assent is about what the parties manifested to one another, not their secret intentions. In this case, Jane assented when she verbally agreed and shook Caleb's hands, because those are actions reasonably interpreted by Caleb as Jane's agreement to the deal.

The fault principle is a cornerstone of the criminal law. Which of the following statements best describes the fault principle (choose one)? A. If a person causes a harm, the person must be at fault and therefore deserves punishment. B. Fault is primarily dependent upon the mental states with which the person acted. C. Being careless is the essence of fault in the criminal law. D. The criminal law punishes people only when they are at fault for causing some harm.

B. Fault is primarily dependent upon the mental states with which the person acted. Mental states are the "royal road" to assessing the person's disregard for another's rights and interest. Harms can be caused in the absence of fault, such as genuinely accidentally. Carelessness can be one basis for criminal fault, but it is not of the essence. The criminal law does not always require fault because strict liability crimes that do not require fault are common.

A foreign student is awarded a Fulbright scholarship to study in the United States but is unable to return to his country of origin after completion due to a well-founded fear of persecution. Which course of action should he take? A. He should seek refugee status and complete I-589 B. He should seek asylee status and complete I-589 C. He should seek refugee status and complete I-590 D. He should seek asylee status and complete I-590

B. He should seek asylee status and complete I-589

Congress may legislate on: A. Any issue that cannot be left to the states B. Only those topics enumerated in the Constitution C. Anything it feels like D. Only those matters that affect the national welfare

B. Only those topics enumerated in the Constitution Congress has only the legislative powers "herein granted". Article I, Section 1.

The Free Exercise Clause protects: A. Athletics B. Religious activity and belief C. Only religious activity D. Only religious belief

B. Religious activity and belief The Free Exercise Clause protects religious belief as well as religious activity.

The Tenth Amendment says that: A. State law prevails in a conflict with federal law B. States retain those powers not given away to the federal government or prohibited by the Constitution C. States have certain rights the federal government cannot infringe D. States have the power to nullify federal law through collective resolutions

B. States retain those powers not given away to the federal government or prohibited by the Constitution

Which of the following is an accurate statement of the current interpretation of this part of the Constitution's First Amendment: "Congress shall make no law . . . abridging the freedom of speech": A. Government may never enact a statute that limits or prohibits the flow of information in any circumstances; B. States, local governments, and the national government are limited in their ability to regulate communications; C. Congress is limited in its ability to regulate speech, but the President is not under this clause; D. The national government is limited in its ability to regulate communications, but this clause does not apply to state and local government.

B. States, local governments, and the national government are limited in their ability to regulate communications; Today the First Amendment's guarantees apply to all levels of government - national, state, and local - due to the doctrine of "incorporation" that courts formulated in the 20th century. As written, and originally understood, this amendment bound only federal government actors. Answer "A" is incorrect because it is too absolute - government for compelling reasons, such as national security, may limit speech and communication in narrowly-tailored circumstances.

Many aspects of the U.S. Constitution have been adopted by other nations. What is still a unique characteristic of the American Constitution? A. The U.S. Constitution is written in a single document. B. The U.S. Constitution is over 200 years old. C. The U.S. Constitution is interpreted by an authoritative high court that has the power to overrule popularly-elected government officials. D. The U.S. Constitution both protects individual rights and structures the government and political process.

B. The U.S. Constitution is over 200 years old. At the time of the U.S. Constitution's ratification in 1789 all four attributes were unique and highly unusual. But in recent years many nations have adopted written constitutions that both structure government and protect individual rights, and instituted judicial review by an authoritative high court. The age of the U.S. Constitution is highly unusual still.

Which one of the following is false? A. The U.S. may exclude applicants that may pose a threat to national security B. The U.S. may not find an applicant inadmissible merely because he or she has a physical or mental disorder that will lead to harmful behavior C. The U.S. may exclude applicants that have an extensive history of criminal activity involving moral turpitude D. None of the above

B. The U.S. may not find an applicant inadmissible merely because he or she has a physical or mental disorder that will lead to harmful behavior

The United States declared independence from Great Britain in 1776, and created an initial constitution, called the Articles of Confederation, soon thereafter. Why did leaders of the new nation come back to Philadelphia in 1787 for another constitutional convention to draft a new document? A. They wanted to explore an arrangement whereby they would rejoin a confederation led by Great Britain. B. The national government under the Articles of Confederation lacked essential powers. C. The Articles of Confederation insufficiently protected individual rights and freedoms. D. Leaders from southern states were concerned about northern efforts to abolish slavery, and wanted a document to protect their interests.

B. The national government under the Articles of Confederation lacked essential powers. The Articles of Confederation was deemed to be inadequate in that it created only a weak central government, without meaningful powers to support interstate commerce and with no chief executive. Items C and D became important during the 1787 convention once it became clear that delegates would support a more powerful national government, but were not the initial impetus for meeting in Philadelphia.

Which of the following best describes the Rules Enabling Act of 1934 and the change that it effectuated in American Civil Procedure? A. This New York statute was designed to enable litigants to come up with their own procedures for the resolution of civil disputes, rather than having to rely upon procedures mandated by the court. B. This federal statute authorized the promulgation of a body of procedural law for the federal courts, the Federal Rules of Civil Procedure. C. This federal statute required federal courts to adhere strictly to the same procedures that state courts would apply in resolving civil disputes, even when those procedures varied from state to state. D. This New York statute was drafted by professor Karl Llewellyn to reform civil procedure in the courts of New York.

B. This federal statute authorized the promulgation of a body of procedural law for the federal courts, the Federal Rules of Civil Procedure. The Federal Rules replaced a varying array of inefficient procedures that federal courts had previously borrowed from the states with a single, more effective set of procedures that apply uniformly throughout the federal judicial system.

What impact does the Federal Arbitration Act have on the ability of a person to bring a lawsuit in court? A. Under the Federal Arbitration Act, no contract can require that parties give up the right to bring a lawsuit in favor of private arbitration. B. Under the Federal Arbitration Act, when a contract includes a clause saying that the parties to the contract must pursue any claims they have against each other in a private arbitration proceeding rather than in court, then that clause must usually be enforced. C. Under the Federal Arbitration Act, state law always takes precedence over federal law. So, if state law says that a party has the right to bring a lawsuit in court, then that right must be enforced. D. Under the Federal Arbitration Act, the more vulnerable party to a contract is always protected from being taken advantage of. So, the Act prevents corporations and other powerful contract drafters from limiting the access that individuals have to court.

B. Under the Federal Arbitration Act, when a contract includes a clause saying that the parties to the contract must pursue any claims they have against each other in a private arbitration proceeding rather than in court, then that clause must usually be enforced. So, if the parties have signed an agreement that includes an arbitration clause, the Act may prevent the parties from bringing a lawsuit in court.

The Fourth Amendment protects people against: A. Establishments of religion B. Unreasonable searches and seizures C. Being forced to house soldiers D. The taking of private property

B. Unreasonable searches and seizures

Courts tend to say that a certain kind of discrimination is unconstitutional when: A. Everyone thinks it is immoral and unjustified B. Historians agree that people thought it was unjustified in 1868 C. A social movement has succeeded in raising serious questions about its justifications and looks likely to prevail in the long run D. Everyone thinks it is natural and justified

C. A social movement has succeeded in raising serious questions about its justifications and looks likely to prevail in the long run Social movements challenge the status quo and raise legal questions that the courts must address.

Which of the following exemplifies a debate over "vertical" separation of powers under the U.S. Constitution's allocation of authority: A. Questions about whether Congress or the President has the power to send the U.S. military into hostilities abroad. B. A federal executive branch official refusing to testify before Congress on the grounds that her information is legally privileged. C. An argument that a statute passed by Congress is unconstitutional because it regulates private conduct that does not substantially affect interstate commerce. D. Arguments by Supreme Court Justices that Congress has no power to compel them to televise oral arguments.

C. An argument that a statute passed by Congress is unconstitutional because it regulates private conduct that does not substantially affect interstate commerce. Under principles of vertical federalism (allocation between the national government and the state governments), Congress may only exercise powers that are "enumerated", or explicitly listed, in the Constitution. The most important of these regulatory powers is the Commerce Clause, which has been interpreted broadly by judges in the past several decades. The other three debates listed above are important question of authority allocation, but run "horizontally" among coequal branches of the national government.

Tort law aims to: A. Deter as well as compensate injury. B. Make society safer and individuals more free. C. Both options are true.

C. Both options are true. Tort law has many flaws but worthy aims. Disparate judges, courts, attorneys, legislators and parties have a hand in naming and interpreting the high ideals of the common law of torts. Yet, there is broad agreement that tort law aspires to deter avoidable injuries and justly correct through compensation those injuries that the law fails to prevent or deter. The system of tort law also strives to contribute to the rule of law whereby communities of economically and socially interdependent peoples can be both safe and free.

What is a class action lawsuit? A. Class actions enable people to obtain free legal assistance in return for contributing to the work of an educational institution in providing interesting classes. B. In a class action, plaintiffs of a particular economic background assert claims relating to their class status (working class; white-collar) within society. C. Class actions make it possible to enforce small claims on an aggregate basis where enforcement would be impractical on an individual basis. D. None of the above answers is correct.

C. Class actions make it possible to enforce small claims on an aggregate basis where enforcement would be impractical on an individual basis. In a class action, a small number of plaintiffs come to court and ask to litigate the claims of a large number of people who have suffered similar harms and have similar claims, even though the plaintiffs have never met those people. By combining relatively small claims into one large claim, class actions make it practical to litigate certain issues that would otherwise never be the basis of a lawsuit.

The sentence that a convicted defendant receives is of the utmost importance to the defendant, to the criminal justice system, and to society at large. Which of the following statements about sentencing is most true? A. Sentences are based only on their effectiveness at crime control. B. Sentences are quite uniform throughout the United States. C. Compared to the prison sentences other western developed nations impose on defendants for various crimes, prison sentences in the United States tend be considerably longer. D. Except for capital sentencing, juries decide how much sentence the defendant should receive.

C. Compared to the prison sentences other western developed nations impose on defendants for various crimes, prison sentences in the United States tend be considerably longer. Crime control and retribution are both the general goals of sentencing. Sentences are very disparate throughout the United States at both the legislative and judicial levels. Except for capital sentencing, which is largely left to juries, judges impose sentences.

Which one of the following is false? A. An applicant may be excluded for falsely claiming to be a U.S. citizen B. An applicant may be excluded if he is found to have been unlawfully present in the United States for an extended period C. Drug addiction is not a basis for which an applicant can be deemed inadmissible D. None of the above

C. Drug addiction is not a basis for which an applicant can be deemed inadmissible

The Establishment Clause generally means that the government may not: A. Establish an official church B. Establish a mint C. Either establish an official church or compel individuals to engage in religious activity D. Compel individuals to engage in religious activity

C. Either establish an official church or compel individuals to engage in religious activity The Establishment Clause means that no government can designate a religion, and no government can force people to practice a religion.

Which of the following rights is not in the Bill of Rights? A. The right to counsel B. Due Process C. Equal Protection D. Free speech

C. Equal Protection The Fourteenth Amendment is what guarantees the right to equal protection under the law. It says that states cannot "deny to any person within [their] jurisdiction the equal protection of the laws." The Bill of Rights refers only to the first ten Amendments to the Constitution.

Under the rules of US common law, a stranger who happens to witness an accidental injury in progress and who is in a position to help: A. Has a legal obligation to intervene with assistance. B. Has a legal duty to not get involved, because meddlers can possibly make things worse for the victim. C. Has no duty to rescue and is potentially liable for injuries caused in a botched rescue attempt.

C. Has no duty to rescue and is potentially liable for injuries caused in a botched rescue attempt. Law changes in response to shifts in moral and cultural values. The common law is slowly evolving in the direction of not penalizing do-gooders and even requiring those who can to stop injury and assist the injured. But the common law rule is still that strangers are not legally obligated to help one another. Some states have enacted "Good Samaritan" statutes that encourage responsible assistance. Answer B is incorrect because there no legal obligation to avoid lending a helping hand. One is free to save a child drowning in shallow water, for example. Answer A is incorrect because the common law generally imposes no duty to rescue except where rescuers are in what is termed a "special relationship" with the persons to be rescued. Teachers, therapists, friends, and jailers have been found to be in special relationships with victims of injury who later sue.

In the Affordable Care Act decision, the Supreme Court: A. Held that the individual mandate could be justified as an exercise of the commerce power, but not the taxing power B. Held the individual mandate unconstitutional because it exceeded federal power C. Held that the individual mandate could be justified as an exercise of the taxing power, but not the commerce power D. Held the individual mandate unconstitutional because it violated individual rights

C. Held that the individual mandate could be justified as an exercise of the taxing power, but not the commerce power Although the individual mandate was not justified by the commerce power, it did survive based on the taxing power. See Class 24 Lecture.

Recognized defenses in a common law tort action do not include A. Self-defense. B. Defense of property. C. Honest mistake of the law.

C. Honest mistake of the law. Honest mistake of the law is not a defense. One can be found liable for injuries caused by conduct one believes to be lawful, such as setting a potentially deadly trap in an abandoned house to catch thieves. Self-defense and defense of others are both recognized, valid affirmative defenses in intentional tort cases. Normally, if a plaintiff proves that he or she was injured by the intentional (purposeful or knowing) acts of the defendant, the plaintiff is entitled to win the lawsuit. However, victory is less certain if the defendant has a valid defense. Defense of property is a valid defense; but as the court found in the "spring gun" case of Katko v Birney, a property owner is not privileged to cause serious bodily injury in defense of an unoccupied dwelling and its inexpensive contents.

Which of the following is the most distinctive feature of American property law? A. Its Legal Realist dimension. B. Its reliance on the common law. C. Its pragmatic orientation.

C. Its pragmatic orientation. The overt pragmatism of American property law is its most distinctive feature. This pragmatism manifests itself in the reality that courts interpret and update property law by reference to society's needs and requirements at any given point in time, and their gradual evolution.

The exclusionary rule: A. Affirms your right to exclude police from your home B. Makes sure that innocent people are not convicted C. Means that the government cannot convict people based on illegally obtained evidence D. Makes sure that guilty people are convicted

C. Means that the government cannot convict people based on illegally obtained evidence

Are originalism and living constitutionalism necessarily in conflict? A. Yes, because the Framers expected all cases to be decided as if they had arisen in 1791. B. Yes, because originalism means fidelity to the constitution and living constitutionalism is judicial activism. C. No, because it is possible to write constitutional provisions whose meaning remains fixed while their applications are intended to change. D. No, because originalism is indeterminate.

C. No, because it is possible to write constitutional provisions whose meaning remains fixed while their applications are intended to change. People can disagree about whether our constitution has any such provisions, but the possibility of writing them is undeniable.

The Revolution suggested what about the states and the liberty of their citizens? A. States would enact laws to promote liberty B. States were a threat to the liberty of their citizens C. States could be relied on to protect the liberty of their citizens D. States were indifferent to the liberty of their citizens

C. States could be relied on to protect the liberty of their citizens When King George threatened the individual rights of the people, the states stood up to this tyranny by forming state militias to protect their citizens.

Which of the following best describes the relationship between the Reconstruction amendments and the Founders' Constitution? A. The Founders trusted the states to protect the liberty of their citizens, and the Reconstruction amendments reflect an even deeper trust. B. The Founders trusted the federal government to protect the liberty of its citizens, and the Reconstruction amendments shift that trust to the states. C. The Founders trusted the states to protect the liberty of its citizens, and the Reconstruction amendments shift that trust to the federal government. D. The Founders trusted the federal government to protect the liberty of its citizens, and the Reconstruction amendments reflect an even deeper trust.

C. The Founders trusted the states to protect the liberty of its citizens, and the Reconstruction amendments shift that trust to the federal government. Following the American Revolution against King George III, the Founders were suspicious of a strong federal power. The states' rebellion and ensuing Civil War caused suspicion of the states' willingness to protect their citizens' rights.

Which branch of government has been primarily responsible for the development of American property law? A. The legislature B. The executive C. The judiciary

C. The judiciary Most of American property is "common law" in origin, meaning that it is judge-made law. This does not mean that the other branches have no role whatsoever in the development of property law, just that courts have historically played the most important role in the development of American property law.

Criminal law is distinctive for which of the following reasons (choose one)? A. It is a system of rules that helps us regulate our interpersonal lives. B. The rules are enforced by the state. C. The rules establish which forms of conduct violate what we owe each other so that state imposition of blame, stigma and punishment is justified. D. The rules give citizens good reasons to behave in desirable ways.

C. The rules establish which forms of conduct violate what we owe each other so that state imposition of blame, stigma and punishment is justified. The other answers are all true, but they are not distinctive of criminal law. Morality and customs regulate our interpersonal lives. The state enforces civil laws as well as criminal laws. All interpersonal codes attempt to give us good reasons to behave in desirable ways.

The President and Congress accept the decisions of the Supreme Court because: A. The Court controls the federal budget B. Supreme Court Justices know the Constitution better C. They believe in judicial independence D. The Court has marshals to enforce its orders

C. They believe in judicial independence The independent judiciary is an important feature of separation of powers.

Which of the following is false? A. The Diversity Visa Program awards 50,000 immigrant visas annually B. The Diversity Visa Program was intended to contribute to diversity in the United States C. Those selected under the Diversity Visa Program are guaranteed permanent residency D. All of the above

C. Those selected under the Diversity Visa Program are guaranteed permanent residency

The main goal of tort law is: A. To provide a private forum of justice for the resolution of contractual disputes that arise in business and everyday life. B. To punish individuals charged with violent crimes and property damage. C. To compensate with money damages victims of injury caused by intentional wrong-doing, negligence or certain other wrongful conduct.

C. To compensate with money damages victims of injury caused by intentional wrong-doing, negligence or certain other wrongful conduct. Tort law deters avoidable injury and compensates, with money damages and equitable remedies, victims of injury caused by intentional wrong doing, negligence or other wrongful conduct. The correct answer is neither A or B. Tort law, like common law contract law, is described as "private" law, but tort law is not a system dedicated to resolving contractual disputes. While some crimes are also torts, tort law does not principally exist to punish those who commit serious crimes. Tort Law is distinct from criminal Law.

Which one of the following is true regarding employment-based immigrant visas? A. An investment of $500,000 is sufficient for an EB-5 immigrant visa B. Under a number of categories, the employee is responsible for filing Form I-140 (Immigrant Petition for Alien Worker) C. Under a number categories, the U.S. employer is responsible for filing Form I-140 (Immigrant Petition for Alien Worker) D. All of the above

C. Under a number categories, the U.S. employer is responsible for filing Form I-140 (Immigrant Petition for Alien Worker)

Which one of the following regarding employment-based immigrant visas is false? A. Under the Fifth Preference category (EB-5), one can enter the U.S. if he or she is making an investment that will create jobs in a rural or urban area B. Under the Second Preference category (EB-2), an applicant can apply for a National Interest Waiver, which would exempt the applicant from the labor certification and job offer requirement C. Under the Third Preference category (EB-3), an applicant can apply for a National Interest Waiver, which would exempt the applicant from the labor certification and job offer requirement D. Skilled workers applying under the Third Preference category (EB-3) would need at least 2 years of training or work experience to qualify (assuming their work is not temporary or seasonal)

C. Under the Third Preference category (EB-3), an applicant can apply for a National Interest Waiver, which would exempt the applicant from the labor certification and job offer requirement

Which one of the following regarding employment-based immigrant visas is false? A. Under the First Preference category (EB-1), workers who possess extraordinary ability of international acclaim do not need a sponsor or job offer (assuming they will be working in the field in which they are acclaimed) B. Under the Second Preference category (EB-2), professionals holding advanced degrees need at least 5 years of experience to qualify C. Under the Third Preference category (EB-3), skilled workers may qualify even if their work is temporary or seasonal D. None of the above

C. Under the Third Preference category (EB-3), skilled workers may qualify even if their work is temporary or seasonal

Under the Special Immigrant Juvenile classification, a minor must: A. Be abused, neglected, or abandoned B. Be adjudicated as being dependent by a juvenile court in his or her jurisdiction C. Complete and file Form I-360 D. All of the above

D. All of the above

Which one of the following is true? A. A former U.S. citizen who renounced his citizenship to avoid taxes may be deemed inadmissible to the United States B. An foreign national that votes illegally may be excluded from the United States C. A foreign national that abducts a child of a U.S. citizen may be excluded from the United States D. All of the above

D. All of the above

Which of the following count as speech? A. Nude dance B. Donations to a political candidate C. Abstract art D. All of the above

D. All of the above All are forms of speech, or self-expression.

Which of the following statements is most accurate concerning the justification of criminal blame and the imposition of punishment A. Cost effective crime control is a good justification. B. Criminal punishment by the state is so painful that it requires powerful justification. C. Punishing people in proportion to what they deserve for committing a crime is a good in itself. D. All of the above are accurate.

D. All of the above are accurate. These are all important justifications for the use of criminal punishment. The most often cited goals of the criminal law are deterrence, retribution, and incapacitation. It is important to note that we do NOT impose criminal punishment for revenge.

Which of the following statements accurately describes the field of Civil Procedure in the United States? A. Civil Procedure involves the mechanisms by which civil claims (as opposed to criminal charges) are adjudicated within our courts. B. Civil Procedure is concerned not only with the formal rules for bringing lawsuits but also with the impact of those rules on the ability of people to enforce their rights and gain access to justice. C. Civil Procedure sometimes overlaps with more "substantive" areas of law, so it may be necessary to ask how procedural doctrines interface with the underlying substantive law. D. All of the above statements are accurate. Correct The correct answer is D. All three of the answers are important areas in the study of civil procedure.

D. All of the above statements are accurate. All three of the answers are important areas in the study of civil procedure.

Which of the following statements is most true about the structure of criminal guilt (choose one)? A. The defendant will be guilty if the prima facie case is proven by the prosecution and the defendant has no affirmative defense. B. The defendant will be not guilty if the prosecution is unable to prove all the elements of the charged offense. C. The defendant will be not guilty either if the prosecution is unable to prove all the elements of the charged offense or if the defendant can establish an affirmative defense. D. All of the above statements are true.

D. All of the above statements are true. This follows logically from the structure of criminal liability in our system. The interrelationship of the prima facie case and affirmative defenses is important in many areas of law.

Which of the following distinguish American contract law from civil law contracts doctrines? A. American contract law requires consideration to enforce promises. B. American contract law requires assent to impose any liability. C. American contract law rarely regulates the content of contractual terms. D. All of the above.

D. All of the above. American contract law tends to be largely focused on enforcing commercial exchanges between parties assumed to be rational and autonomous. This means that we require that contracts be about exchange and not just promise, thus the doctrine of consideration. We do not impose damages for precontractual reliance on the theory that parties have not agreed to anything yet and contract is all about voluntary obligations. And the terms themselves are regulated less frequently than in other countries, in part because of a concern about interfering with individual autonomy.

The Supreme Court has taken the view that the equal protection clause generally prohibits: A. Racial classifications that stigmatize members of any race B. Racial classifications that injure members of any race C. Racial classifications that exclude members of any race D. All racial classifications

D. All racial classifications All racial classifications are subject to strict scrutiny, but they will survive if necessary to serve a compelling state interest.

Which one of the following is false? A. An applicant's past affiliation with the Nazi Party could exclude him from the United States B. An applicant that was previously deported from the United States may be deemed inadmissible C. An applicant can be excluded for having abused a student visa D. An applicant may not be excluded for being a practicing polygamist

D. An applicant may not be excluded for being a practicing polygamist

The Second Amendment protects: A. A right of states to organize militias B. A right to own guns in connection with militia service C. An unlimited individual right to own and carry guns D. An individual right to gun ownership whose limits have not yet been defined by courts

D. An individual right to gun ownership whose limits have not yet been defined by courts

The first three Articles of the Constitution do what? A. Establish individual rights B. Ordain the national church C. Declare the supremacy of the Constitution D. Create the federal government Article I creates congress, the body that makes federal laws. Article II gives us the federal executive— the president and other federal officers. Article III creates the Supreme Court of the United States.

D. Create the federal government Article I creates congress, the body that makes federal laws. Article II gives us the federal executive— the president and other federal officers. Article III creates the Supreme Court of the United States.

Bell Atlantic v. Twombly was an antitrust case, but its holding on pleadings doctrine -- the standard used to determine whether a plaintiff can move forward with her lawsuit based upon the complaint that she has filed -- has been applied in cases having nothing to do with antitrust. Which of the following best explains this fact? A. Bell Atlantic v. Twombly was a case about an antitrust conspiracy. Conspiracies happen in many other areas of law -- both civil and criminal -- so Twombly's substance-specific procedural ruling wound up having broad applicability. B. Because any Supreme Court opinion on a question of federal law is binding on every court in the nation, the decision in Bell Atlantic v. Twombly automatically applied to every other court in every other case. C. Because of the importance of antitrust law and the specific policies that law was designed to promote, rulings in antitrust cases have a powerful impact in other areas of law. D. Federal procedural rules -- including pleading doctrine -- generally apply in the same fashion and employ the same standard in any federal lawsuit, whatever the nature of the underlying substantive claim.

D. Federal procedural rules -- including pleading doctrine -- generally apply in the same fashion and employ the same standard in any federal lawsuit, whatever the nature of the underlying substantive claim. This is the principle of transsubstantivity.

Which of the following best describes the relationship between the Founders' Constitution and the Civil War? A. The Founders' Constitution would have prevented the Civil War if it had been followed. B. The Founder's Constitution was drafted in a world in which the Civil War was entirely unforeseeable. C. The Founders' Constitution prevented the Civil War. D. The Founders' Constitution, by failing to settle the issue of slavery, set the stage for the Civil War.

D. The Founders' Constitution, by failing to settle the issue of slavery, set the stage for the Civil War.

The Bill of Rights applies to the states because of which amendment? A. The Twenty-First B. The Twelfth C. The Seventeenth D. The Fourteenth

D. The Fourteenth The Fourteenth Amendment says that states shall not "deprive any person of life, liberty, or property, without due process of law," which has been interpreted to mean that the Bill of Rights applies to the states.

Equality is a fundamental American constitutional value because of: A. The Bill of Rights B. The Declaration of Independence C. George Washington D. The Fourteenth Amendment

D. The Fourteenth Amendment

The United States has long been a regime of strong judicial review, where the U.S. Supreme Court has the authority to declare the meaning of the Constitution, even in cases where the President and/or Congress disagree and even where the Court's rulings have the effect of invalidating the actions of the President and/or Congress. What variable is most responsible for the Supreme Court's authority in this area? A. The text of Article III in the Constitution, which establishes the judicial branch. B. The fact that the justices of the Supreme Court have life tenure. D. The fact that over time various Presidents, members of Congress, and the broader public have come to recognize and accept the Supreme Court's preeminent interpretive authority.

D. The fact that over time various Presidents, members of Congress, and the broader public have come to recognize and accept the Supreme Court's preeminent interpretive authority. The preferred answer is D as it recognizes that over time the authoritative place of the Supreme Court in constitutional interpretation has developed and is stronger than it was in 1789, or 1803 when Marbury v. Madison was decided. The text of Article III itself says very little about judicial supremacy, and the fact that judges are life-tenured supports their independence but not directly their authority.

Imagine that a homeowner makes a contract with a plumber to fix a burst pipe. The plumber agrees to do the job and they write out a contract. The homeowner pays up front. The plumber shows up, makes a big mess, and walks off the job. If the homeowner brought a suit and a court found that the plumber had breached, what would the court require of the plumber? A. The plumber would have to go back to the homeowner's house and clean up the mess. B. The plumber would have to go back to the homeowner's house and clean up the mess and then fix the pipe. C. The plumber would have to pay the homeowner for the cost of cleaning up the mess he had made. D. The plumber would have to pay the homeowner for the cost of cleaning up the mess he had made and the cost of getting the pipe fixed.

D. The plumber would have to pay the homeowner for the cost of cleaning up the mess he had made and the cost of getting the pipe fixed. In contracts, the usual rule is that the non-breaching party gets money damages in an amount sufficient to put him the position he would have been in had the contract been fulfilled. In this case, if the contract were fulfilled, the homeowner would have no mess and a fixed pipe, so the plumber has to pay him not only the cost of cleaning up the mess but also of actually fixing the pipe as promised.

The Supreme Court said that the Religious Freedom Restoration Act was: A. Totally unconstitutional B. Unconstitutional in its application to federal laws but constitutional in its application to state laws C. Totally constitutional D. Unconstitutional in its application to state laws but constitutional in its application to federal laws

D. Unconstitutional in its application to state laws but constitutional in its application to federal laws The Supreme Court decided that Congress lacked the power to give individuals greater religious liberty protections against state laws than they enjoyed under Employment Division v. Smith. But Congress did have the power to amend federal laws to add a religious liberty exemption beyond what the Constitution itself provides under Smith.

An Afghan or Iraqi national that worked for the U.S military as an interpreter or translator is most likely to apply under which employment-based immigrant visa? E1 E2 E3 E4

E4

Which of the following reasons is NOT appropriate for someone seeking to enter the United States on a B visa? Tourism Business (e.g., attending a conference) Pleasure Employment

Employment

A foreign citizen seeking to enter the United States to obtain a bachelor's degree at a university should seek which type of visa? B F J M

F

True or false: The Miranda decision created the right to remain silent.

False The right is created by the Fifth Amendment and was recognized before Miranda; Miranda simply requires the police to notify you of this right.

Which one of the following is NOT a communicable disease for which an applicant may be found inadmissible to the United States? Gonorrhea Infectious leprosy Human Immunodeficiency Virus (HIV) Infectious syphilis

Human Immunodeficiency Virus (HIV)

A foreign citizen seeking to enter the United States to obtain vocational training should seek which type of visa? B F J M

M

According to the Declaration, government power comes from: Divine right Innate superiority Force The consent of the governed

The consent of the governed The Declaration reads, "Governments are instituted among Men, deriving their just powers from the consent of the governed..."

True or false: A private school may require all students to pray at the beginning of the school day.

True The Constitution does not prohibit private entities, like schools, from having an official religion. The Constitution applies to state and federal government, or public, entities.