BLaw homework
A local school district had a policy that it would not hire bus drivers who had been convicted of driving while under the influence of alcohol. Sven claimed that this practice violated the Equal Protection Clause by unfairly excluding everyone who had been found guilty of DUI. Which standard will the court use to review the bus company's practice? a. minimal scrutiny. b. strict scrutiny. c. Supremacy Clause scrutiny. d. intermediate scrutiny.
a
Common law is never as easy as we may like because the law is trying to accommodate both a. predictability and flexibility. b. intent and reason. c. understandability and predictability. d. flexibility and precedent.
a
Diane, a police officer, stops Tim's car for a traffic offense. While talking to Tim, she shines a flashlight into the passenger compartment of Tim's car and sees evidence of drug paraphernalia. Which statement is correct? a. Diane may search the passenger compartment of the car and any place else in the car, including the trunk, without Tim's consent. b. Diane may not search the passenger compartment of the car (nor any place else) without Tim's consent or without a search warrant. However, she can require Tim to remain parked until the search warrant is brought to her. c. Under the above circumstances, Diane can write Tim a traffic citation but cannot search the vehicle.
a
Miguel reprogrammed a smartphone so that it intercepted electronic funds transfers and rerouted them to his bank account. What crime has he committed? a. wire fraud b. insurance fraud c. mail fraud d. embezzlement
a
Mulcare Corp. started a compliance program to prevent and detect criminal conduct within the company and had specific, high-level officers in charge of overseeing the program. The company effectively communicated the program to its employees and monitored those employees who were in a position to cheat. It promptly disciplined anyone who broke the law. One effect of having this program is a. federal investigators might be convinced to limit any prosecution to those directly involved rather than attempting to get a conviction against high-ranking officers or against the company itself. b. the Federal Sentencing Guidelines no longer apply. c. federal investigators would no longer investigate the company since Mulcare could take care of any problems internally. d. any cases would be prosecuted in state, rather than federal, cou
a
The President of the United States a. can veto Congressional legislation. b. creates federal common law. c. passes statutes. d. determines the constitutionality of statutes.
a
The police have a right to search any area in which the defendant does not have a reasonable expectation of privacy. Which of the following, however, requires the police to obtain a search warrant? a. listening in on a telephone conversation or searching the digital contents of a cellphone b. looking at photos on a digital camera that was found while searching an arrested suspect c. using a cotton swab to take a DNA sample of a person under arrest d. finding out what websites you have visited on your computer
a
What is the primary trial court in the federal system? a. U.S. District Court b. U.S. Supreme Court c. Municipal Court d. U.S. Claims Court
a
When a judge orders a criminal defendant to reimburse the victim, it is called a. restitution. b. retribution. c. reimbursement. d. restraint.
a
An email scam that involves personalized messages sent from someone the victim knows is called a. shilling. b. spear phishing. c. larceny. d. hacking
b
In alternative dispute resolution (ADR), most cases are resolved through a. litigation. b. negotiation. c. mediation. d. lawsuits.
b
The fraudulent conversion of property which is already in the defendant's possession is a. exclusion. b. embezzlement. c. money laundering. d. trespassory taking.
b
The police arrived at Otis's apartment one evening and demanded to look around "just to make sure nothing was happening." They had no warrant and had received no complaints about him. Which statement best describes this situation? a. The police violated Otis's Sixth Amendment rights. b. The police violated Otis's Fourth Amendment rights. c. The police probably should not have bothered Otis, but they really did nothing wrong.
b
Which of the following does NOT violate the Foreign Corrupt Practices Act? a. A U.S. company promises to pay a bribe to a foreign company but is unsuccessful in gaining any benefits from that company. b. A company allows a grease or facilitating payment for a routine governmental action. c. A publicly traded company that does not engage in international trade refuses to allow its company records to be inspected by U.S. officials. d. A U.S. company bribes a government official in order to influence a governmental decision.
b
Connor sells a baseball on eBay that he claims is signed by Babe Ruth. In fact, Connor has forged the signature on the baseball. Connor is guilty of a. embezzlement b. mail fraud. c. identity theft. d. internet fraud.
c
Dan has a site on eBay where he sells various items. To get the most money for the items he sells, Dan often bids on his own goods in order to drive up the price. Dan is guilty of a. hacking. b. phishing. c. shilling. d. nothing; this is an acceptable practice.
c
If Oregon passed a statute that prohibited liquor stores from engaging in any kind of advertising, that statute would be a. valid as an exercise of police power. b. invalid as a violation of the Commerce Clause. c. invalid as an unreasonable restriction of free speech. d. valid, as alcohol is illegal for minors.
c
In the House of Representatives, a state's voting power is based on its a. physical size. b. relative wealth. c. population. d. date of entry into the Union.
c
SharCo and Blyron Productions are each applying for a television license. In deciding which applicant is better qualified, the FCC will hold an initial hearing before a. a House-Senate Conference Committee. b. an administrative mediator. c. an administrative law judge. d. the OSHA.
c
When the government induces the defendant to break the law, it is known as a. a good faith exception. b. an exclusionary rule. c. entrapment. d. racketeering.
c
misdemeanor is distinguished from a felony based on a. the rules of evidence. b. the burden of proof. c. the length and place of possible imprisonment. d. the type of intent.
c
Sarah, an employee of Amex Corporation, committed a serious criminal act in an attempt to obtain a large sales order for her employer. A court found her guilty of the felony and also found the corporation guilty of criminal conduct. The company was fined $1 million. The court a. erred in fining the company because finding both Sarah and the corporation guilty violates the Double Jeopardy Clause of the Constitution. b. acted properly if this were a federal proceeding; however, it did not act properly if this were a state proceeding. c. acted properly in finding Sarah guilty; however, it erred in finding the corporation guilty because of the exclusionary rule. d. acted properly in this case
d
The United States Supreme Court has the power to a. ratify treaties. b. appoint judges to serve on the Supreme Court. c. issue executive orders. d. void laws passed by Congress.
d
The issue of the constitutional protections afforded flag burning was addressed in a. Marbury v. Madison. b. United States v. Lopez. c. Palmore v. Sidoti. d. Texas v. Johnson.
d
The primary purpose of RICO was a. to prosecute those engaged in tax fraud. b. to prosecute non-citizens. c. to raise revenue. d. to be a tool against organized crime.
d
Which of the following is NOT a component of money laundering? a. attempting to conceal the source of the money b. using the money to commit crimes c. taking the proceeds from a criminal act d. investing profits back into the company
d
Which of the following is considered a felony? a. driving without a license b. None of these are correct. c. public drunkenness d. embezzlement
d
Which of the following makes it illegal for U.S. companies and citizens to bribe foreign officials to influence a governmental decision? a. RICO b. CFAA c. OSHA d. FCPA
d
Which type of law regulates the rights and duties between parties? a. judicial law b. administrative law c. criminal law d. civil law
d
The three branches of government in the United States are a. the executive, legislative, and judicial. b. the administrative, executive, and statutory. c. the administrative, legislative, and international. d. the executive, legislative, and administrative. Hide Feedback
a
A form of due process that holds that certain rights are so fundamental that the government may not eliminate them is referred to as a. procedural due process. b. substantive due process. c. eminent domain. d. judicial restraint.
b
The last protected trait added by Congressman Smith of Virginia to the bill which became Title VII of the Civil Rights Act of 1964 was a. race. b. sex (gender). c. sexual orientation. d. national origin.
b
Jurisdiction can be described as a. the burden of proof. b. court cases involving the U.S. Constitution or a federal statute. c. the study of law. d. the authority of a court to decide a particular type of case.
d
The idea that courts should not be heavily involved in lawmaking, but rather should only rule in cases where the constitutionality is clear is known as a. judicial activism. b. judicial reform. c. judicial review. d. judicial restraint.
d
The purpose of the Freedom of Information Act (FOIA) is a. to give the government access to information concerning citizens, businesses, and organizations. b. to limit the amount of information that the government can collect about its citizens, businesses, and organizations. c. to permit warrantless searches and seizures of evidence when necessary to ensure safety. d. to give citizens, businesses, and organizations access to information that federal agencies are using.
d
Which element of a civil case comes first? a. service b. discovery c. answer d. complaint
d
Which of the following is NOT an example of a trial court of limited jurisdiction? a. A small claims court b. A juvenile court c. A probate court d. A general civil division court
d
Which statement is correct concerning judicial review of an administrative agency's action? a. Courts substitute their opinion for that of the agency. b. Courts conduct a de novo review of the case. c. Courts ignore the facts of the case. d. Courts usually accept the facts of the case as determined by the agency and often defer to the agency's interpretation of the law.
d
A woman wishes to attend an all-male, publicly supported college. She claims the college is violating the Equal Protection Clause of the Constitution. What level of scrutiny will the court use when deciding this case? a. Intermediate scrutiny b. Strict scrutiny c. Minimal scrutiny d. Compelling interest scrutiny
a
Approximately how much merchandise is stolen from U.S. retail stores every year? a. $34 million b. $340 million c. $34 billion d. $3.4 billion
a
Ginger owns a business that is comprehensively regulated by a federal agency. One day, a federal inspector arrives at Ginger's business without advance warning and begins to conduct a search, taking several samples of some products Ginger is manufacturing. Ginger claims this is a violation of her constitutional rights. How would a court likely rule? a. Because the business is comprehensively regulated, a court will assume that Ginger knows that her business is subject to periodic, unannounced inspections. b. A court will agree that the agency violated Ginger's rights because the Fourth Amendment states that the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated. c. A court is unlikely to hear the case at all because actions of federal agencies are not subject to judicial review. d. Although agencies can conduct warrantless searches under certain circumstances, they cannot do so if a business is comprehensively regulated.
a
If there is a conflict between a state and federal law, generally the federal law will prevail because of the a. Supremacy Clause. b. paramount doctrine. c. Interstate Commerce Clause. d. federalism doctrine.
a
In a civil case, the plaintiff must prove the case a. by a preponderance of the evidence. b. by clear and convincing evidence. c. beyond a reasonable doubt. d. None of these; the burden of proof is on the defendant.
a
Judicial review can best be described as the power of a federal court to a. declare a statute or governmental action unconstitutional and void. b. take private property for public use. c. abstain from adjudicating major issues and to leave such matters to legislatures. d. take it upon itself to decide issues on constitutional grounds.
a
Sam threatened to harm Alecia's daughter if she did not agree to help him rob a convenience store. It is likely that a jury would find Alecia not guilty of a crime in this case because a. she was acting under duress. b. of the prohibition against double jeopardy. c. of the exclusionary rule. d. entrapment has occurred.
a
TECO Coal Corporation is interested in the inspections that the U.S. Bureau of Mines has conducted over the past year. To secure this information, TECO should a. make a Freedom of Information Act request. b. issue a subpoena duces tecum. c. assert the substantial evidence rule. d. make a de novo request.
a
The Administrative Procedure Act a. applies to all federal agencies. b. applies to independent agencies but not to executive branch agencies. c. does not apply to federal agencies. d. applies to executive branch agencies but not to independent agencies.
a
The Environmental Protection Agency was investigating whether Exgrow, Inc. violated the Clean Air Act. Exgrow refused to give the EPA its computerized reports concerning pollution. To get the reports, the EPA should use a(n) a. subpoena duces tecum. b. de novo. c. excaliber. d. stare decisis.
a
The U.S. Supreme Court was asked to decide whether same-sex sexual harassment is a violation of Title VII of the Civil Rights Act. This law forbids discrimination in employment on the basis of sex. In interpreting statutes, the court may use all of the following EXCEPT a. enabling legislation. b. the plain meaning rule. c. legislative history. d. public policy.
a
The concept of stare decisis is closely related to the concept of a. precedent. b. statutory law. c. enabling legislation. d. the bystander rule.
a
The government itself prosecutes the wrongdoer in a case involving behavior so threatening that society outlaws it altogether. This kind of case involves a. criminal law. b. civil law. c. private law. d. procedural law.
a
Thompson raised 80 acres of corn, most of which he used to feed his own cattle. He locally sold what he did not use. Based on the Supreme Court's ruling in Wickard v. Filburn, a. Congress may regulate Thompson's farming activity because it has a substantial economic effect on interstate commerce. b. only Thompson's state and local governments can regulate his farming activity. c. Congress has no authority over Thompson's activity based on the negative aspect of the Commerce Clause. d. only Thompson's local government can regulate his farming activity.
a
When Congress passed a criminal statute called the "Gun-Free School Zones Act," the Supreme Court ruled that a. the law was not valid since Congress exceeded its power under the Commerce Clause. b. although the law was not a proper exercise of the power to regulate interstate commerce, Congress had the power to create such legislation on other grounds. Therefore, the statute was valid. c. the law was void for vagueness; thus, it was not valid. d. the law was valid as a proper exercise of the power to regulate interstate commerce.
a
Which is an example of an independent agency? a. The Federal Communications Commission b. All of these are correct. c. The Internal Revenue Service d. The Federal Bureau of Investigation
a
Which law imposes controls on federal agencies by requiring basic fairness in areas not regulated by enabling legislation? a. The Administrative Procedure Act. b. The Clean Agency Act. c. The Freedom of Information Act. d. The 1964 Civil Rights Act.
a
Which of the following limitations does NOT apply to the government in civil proceedings to take a person's liberty or property? a. The Equal Protection Clause b. Substantive Due Process c. The Takings Clause d. Procedural Due Process
a
Which school of jurisprudence is based on the philosophy that what matters is not what is written as law, but who enforces the law and by what process? a. Legal realism b. Legal positivism c. Sovereign selection d. Natural law
a
An inmate in a state prison claims his U.S. constitutional rights prohibiting cruel and unusual punishment are being violated by the state correctional facility. This case a. may not be decided by a federal court since it involves a state facility. b. is a federal question case over which the federal courts have jurisdiction. c. cannot be heard, as prisoners lose the right to sue. d. must be decided by the state court where the inmate established residency before going to prison.
b
Antonio assaulted Mark after the two argued about a parking space. The District Attorney's office prosecuted Antonio on assault charges. Subsequently, Mark filed a lawsuit against Antonio for money damages. Classify each legal action. a. Both cases are criminal. b. The District Attorney's case was a criminal case; Mark's lawsuit was a civil case. c. The District Attorney's case was a civil case. Mark's lawsuit was a criminal case. d. Both cases are civil.
b
Congress enacted legislation in 1933 to regulate the securities industry and prohibit various forms of fraud with securities. The Securities Exchange Act of 1934 was passed a year later. This law created the Securities and Exchange Commission (SEC) as an independent regulatory entity whose function is to administer the two laws. The SEC has generated rules and regulations to administer these acts. These rules and regulations are a. common law. b. administrative law. c. statutes. d. executive orders.
b
Denzil was one of 50,000 people defrauded of $40 in an advertising scam. His best course of action to recover his money is to a. mediate the claim with the advertiser. b. become part of a class action lawsuit, which might include plaintiffs who are unaware of the lawsuit or are even unaware they were harmed. c. bring an individual lawsuit against the advertiser in a state appellate court. d. bring an individual lawsuit in a U.S. District Court.
b
Henry David Thoreau felt that war was unjust and therefore refused to pay his taxes when the United States declared war on Mexico. Thoreau felt that there was a higher law than the law of the land. Which theory of jurisprudence was he applying? a. Legal positivism b. Natural law c. Common law d. Legal realism
b
If the title of an appellate court case appears as Jones v. Smith, a. the trial judge was Jones and the appellate judge is Smith. b. you cannot determine which party is the plaintiff, because when a defendant loses a trial and files an appeal, some courts (but not all) reverse the names of the parties. c. it means that Smith won the trial court decision. d. then it is correct to say that Jones is the plaintiff and Smith is the defendant.
b
In 1992, the North Carolina Supreme Court ruled in a case entitled Goodman v. Wenco Foods, Inc., that when a substance in food causes injury to a consumer of the food, it is not a bar to recovery against the seller that the substance was natural to the food. If, in a 2008 case involving a consumer's injury caused by a fish bone in a bowl of fish chowder, the court followed the decision in Goodman v. Wenco Foods, Inc., the court's action in the second case is an example of a. statutory law. b. stare decisis. c. criminal law. d. public law.
b
Midori owned a home in Lexington, Kentucky. The city wanted her property to build a parking garage as part of a redevelopment. Even though Midori did not want to move, the city took her house (and provided her with compensation) through the power of a. the Supremacy Clause. b. eminent domain. c. due process. d. the incorporation doctrine
b
Of all forms of dispute resolution, which one probably offers the strongest "win-win" potential because its goal is voluntary settlement? a. jurisdiction b. mediation c. arbitration d. litigation
b
Psychologist Holtz is working with a patient, Rebecca, who has expressed the intention to seriously harm two of her acquaintances. If you apply the principle set forth by the Supreme Court of California in the Tarasoff v. Regents of the University of California case, Psychologist Holtz a. has, because of the bystander rule, no duty to warn the foreseeable victims about Rebecca's expressed intention to harm them. b. has a duty to exercise reasonable care to protect foreseeable victims of Rebecca's violence. c. is in a special relationship with patients, and this relationship creates a privilege of confidentiality between the communicants. d. will be held to a strict duty of care and will be held liable for any victim's injuries if Holtz failed to warn them of Rebecca's potential violence toward them.
b
Statutory law is to legislative bodies as common law is to a. administrative regulations. b. courts. c. rulemaking. d. agencies
b
The Administrative Procedure Act imposes controls on agencies by requiring basic fairness in areas not regulated by the enabling legislation. This method of reining in powerful agencies is a form of a. judicial review. b. statutory control. c. political control. d. informational control.
b
The Supreme Court case of Obergefell v. Hodges involved a. symbolic speech. b. same-sex marriage rights. c. the death penalty.
b
The Supreme Court's approach during the period from the 1950s through the 1970s in deciding cases on constitutional grounds is described as a. judicial restraint. b. judicial activism. c. judicial review. d. the dormant aspect of its judicial power.
b
The United States has taken a position that legal issues are best resolved by lawsuits involving parties with conflicting interests presenting their strongest possible case to a neutral factfinder. Because of this, the legal system in the United States is considered a. a mediation system. b. an adversary system. c. a conflict system. d. an alternative dispute resolution system.
b
The first ten amendments to the Constitution are known as the a. Preamble. b. Bill of Rights. c. Articles of Confederation. d. Supremacy Clause.
b
Which is an example of a statute? a. President Donald Trump issues an executive order banning the use of federal funds for abortion. b. The Ohio legislature passes a law requiring all bicycle riders to wear a helmet. c. The Federal Communications Commission instructs all radio stations to refrain from broadcasting "indecent" programming during daylight hours. d. A North Dakota judge issues an injunction prohibiting a man from contacting his ex-wife.
b
id burned his own warehouse in an attempt to collect on a fire insurance policy. Sid has committed a. an intentional tort, but not a crime since a person has a right to destroy his own property. b. arson since he maliciously used fire to damage or destroy personal property. c. a crime called "burning to defraud insurers" since the crime of arson only applies to property owned by another person. d. larceny since he committed an act intended to wrongfully obtain money from his insurance company.
b
Adam moved into an apartment complex. The rules of the complex prohibit unmarried men and women from living together in the same apartment. When Adam's friend, Diane, moved into the apartment he was served with eviction papers. Adam claims the apartment complex is violating his constitutional rights since it allows married couples to live together. Is Adam right? a. Yes. His equal protection rights have been violated. b. No. His fundamental right of cohabitation has not been violated. c. No. Constitutional protections do not extend to privately-owned apartment complexes. d. Yes. He and Diane are being treated differently than married couples.
c
After answering a summons and complaint, Mike received a set of written questions from the plaintiff's attorney. He was directed to respond to the questions in writing under oath. This discovery technique is called a. a request for admission. b. a request for the production of documents. c. interrogatories. d. a deposition.
c
After the plaintiff has presented her case, the defendant may be granted a a. summary judgment. b. judgment NOV c. directed verdict. d. judgment on the pleadings.
c
Assume that in December 2006, the Environmental Protection Agency (EPA) filed an administrative complaint against Marlin Firearms Co. alleging that the company exceeded chromium emissions limits. The EPA proposed a $257,162 fine. Which statement is correct concerning the administrative agency adjudication? a. The parties are not represented by attorneys. b. A jury decides the matter. c. The losing party has a right to appeal. d. The Federal Rules of Criminal Procedure govern the admissibility of evidence.
c
Congresswoman Sloan introduced a bill in the House of Representatives. If the bill is approved by the House committee specializing in that subject, the bill will go to a. the voters of her state for approval. b. a Conference Committee made up of representatives of both the House and Senate. c. the full House. d. a Senate committee specializing in the subject matter of the proposed legislation.
c
Contemporary law's principle of collective responsibility, such as all partners being personally responsible for the debts of the partnership, had its roots in the a. English use of "shire reeves." b. Anglo-Saxon practice of using "oath helpers." c. Anglo-Saxon method of ensuring public order through tithing. d. English system of feudalism. Hide Feedback
c
Generally, constitutional protections do NOT apply to a. acts of the federal government. b. acts of state government. c. acts of privately owned businesses. d. acts of administrative agencies.
c
Hasbro, Inc., the trademark owner of "Candy Land," sought a court injunction to stop Internet Entertainment Group, LTD from using the domain name, "candyland.com." Internet Entertainment Group had established a sexually explicit site at the domain name. This injunction would have to be issued by a. a jury. b. a lawyer. c. a judge. d. an executive order.
c
Henry David Thoreau felt that war was unjust and therefore refused to pay his taxes when the United States declared war on Mexico. If Henry David Thoreau's neighbor agreed that war was unjust but paid his taxes because the law required him to pay the tax, the neighbor would be applying the jurisprudence theory of a. natural law. b. legal realism. c. legal positivism. d. common law.
c
Judge Zellar was asked to decide if a plaintiff could see the interrogatories procured by the defendant. The judge viewed the documents alone and decided that they should be made available to the plaintiff. The judge made a. a request for the production of documents. b. a request for admission. c. an in camera inspection. d. a motion to compel answers to interrogatories.
c
Karen is a strong swimmer. One afternoon she is having a picnic at a lake and sees a man she does not know drowning. Generally, Karen a. has a legal duty to rescue the man. b. has a legal duty to rescue the man since, as a strong swimmer, she is treated as a "special class" of persons who must get involved in such situations. c. has no legal duty to rescue the man. d. has a legal duty to rescue the man, but only if her efforts will not pose a serious threat to her own safety.
c
Lori and her friends burn an American flag as an act of political protest. Lori is arrested for violating a state law that prohibits flag burning. The Supreme Court has ruled that laws making it illegal to burn an American flag a. are void because a state court has no power to prosecute a person for burning the federal flag. b. are void because they deny a person due process rights. c. are void because they violate a person's right to freedom of speech. d. are valid.
c
President Nixon issued wage-price controls in an effort to stabilize the economy. This use of executive power was a. an illegal usurption of the regulatory powers of administrative agencies. b. an illegal usurption of legislative powers which belong to the Congress. c. a valid use of power based on Article II of the Constitution. d. a valid use of judicial power.
c
Racketeering mainly involves what type of criminal acts? a. dishonest and fraudulent business dealings b. misdemeanors such as shoplifting c. personal crimes such as assault and battery d. espionage and privacy violations
c
Roberto sued Monica for injuries received in a traffic accident. If Monica does not respond to the complaint and summons served by Roberto within the prescribed time limits, Roberto may obtain a a. pretrial conference. b. summary judgment. c. default judgment. d. judgment on the pleadings.
c
The Supreme Court will not grant a writ of certiorari unless a. it finds that it has diversity jurisdiction over the case. b. two or more U.S. courts of appeals have decided the legal issue differently. c. four of the nine justices vote in favor of hearing the case. d. the case began in a federal court.
c
Treaties with foreign nations can be made by only ________ and ratified by ________. a. the Department of Defense; the Senate by a plurality b. the President; the House of Representatives by a three-fourths vote c. the President; the Senate by a two-thirds vote d. the Secretary of State; the President
c
What has been one consequence of the rise of electronic discovery? a. A decrease in the cost most law firms charge for discovery. b. A significant reduction in the amount of time law firms devote to discovery. c. The creation of a new industry devoted to help law firms sort through the vast amounts of data. d. The gradual phasing out of the use of interrogatories and depositions.
c
What is the correct order in which a jury trial is conducted? a. opening statements--jury selection--defendant's case--plaintiff's case--closing arguments and instructions--verdict b. opening statements--jury selection--plaintiff's case--defendant's case--closing arguments and instructions--verdict c. jury selection--opening statements--plaintiff's case--defendant's case--closing arguments and instructions--verdict d. jury selection--opening statements--defendant's case--plaintiff's case--closing arguments and instructions--verdict
c
What two conditions must exist for federal courts to have diversity jurisdiction? a. An individual is bringing suit against a corporation, and the amount in dispute exceeds $75,000. b. The case has been tried in two different states with two different outcomes, and the amount in dispute exceeds $50,000. c. The plaintiff and defendant are citizens of different states, and the amount in dispute exceeds $75,000. d. The plaintiff and defendant are from the same family, and the amount in dispute exceeds $50,000.
c
When the Food and Drug Administration prohibits a certain drug from being marketed in the United States, this is a. legal negativism. b. private law. c. an agency regulation. d. an executive order.
c
Which of the following played a role in the creation of the U.S. government by solving the problem of federalism? a. Alexis de Tocqueville b. Confucius c. The Iroquois Native Americans d. The Visigoths
c
A _______ is a ruling by the court that no trial is necessary because there are no essential facts in dispute. a. long-arm statute b. federal question c. default judgment d. summary judgment
d
A government action interfering with a fundamental right will be judged using a. intermediate scrutiny. b. minimal scrutiny. c. legitimate scrutiny. d. strict scrutiny.
d
A subpoena duces tecum is different from an ordinary subpoena in that a subpoena duces tecum a. can only be given to an expert to require a personal appearance before a court or administrative hearing. b. is binding on a person even if it is mailed to the person rather than handed to her by a process server. c. allows for privileged or confidential information to be turned over to a court or administrative agency. d. requires the person to bring specified documents to the court or administrative hearing.
d
Common law refers to a. law made by legislatures in the form of statutes. b. the legal systems of France, Germany, and Italy. c. law that is the same or similar in all the states. d. law made when judges decide cases and then follow those decisions in later cases.
d
Curtis filed a lawsuit against Ulhoff for failure to repay $1,000 according to the terms of a promissory note. The trial ended before it began, with the trial judge granting a motion for summary judgment in favor of Curtis. Ulhoff has appealed, and the Supreme Court of Iowa has remanded the case. This means a. Curtis automatically wins because he won in the lower court. b. Ulhoff automatically wins because he lost in the lower court. c. Neither party wins because the case is being thrown out. d. We don't know who wins yet because the case is being returned to the trial court for additional steps.
d
In Jones v. Clinton, the court held that a. President Clinton failed to comply with a discovery order. b. Paula Jones was entitled to a summary judgment. c. the case be dismissed because of the President's governmental position. d. Paula Jones did not demonstrate the essential elements for her claim.
d
In the United States, the powers of government are divided between a national, state, and several local governments. What is this type of system called? a. democracy b. confederation c. oligarchy d. federalism
d
Nevada passed a law banning all commercial billboards along state highways to improve the appearance of the environment. If this law were to be challenged, which of the following would a court examine to determine if the law is constitutional? a. It would have to be established that the law furthers an interest of the state of Nevada to create a more aesthetically pleasing environment. b. It would have to be shown that the law reaches no further than necessary to promote the state goal. c. It would have to be shown that the law directly and materially advances the state's goal of a more aesthetically pleasing environment. d. All of these are correct.
d
The Fourteenth Amendment's Equal Protection Clause "strict scrutiny" test will be used when the legislation a. affects a person's right to drink alcoholic beverages. b. affects an economic interest. c. affects a person's right to drive. d. differentiates on the basis of race.
d
The U.S. Supreme Court's holding in Wards Cove Packing v. Atonio a. set forth a "business necessity" requirement for employment hiring practices. b. found that overt racial discrimination existed. c. upheld the ruling in Griggs v. Duke Power Co. d. differed from the holding in Griggs v. Duke Power Co., partly because the Court was more conservative at the time Wards Cove was decided.
d
The United States v. Lopez case demonstrates which of the following? a. Gun ownership cannot be regulated. b. There are no limitations on the federal government's power pursuant to the Interstate Commerce Clause. c. The states have extensive power to regulate interstate commerce. d. There are limitations on federal power.
d
The doctrine of precedent requires a. that the defendant testify. b. a 12-member jury of the defendant's peers. c. that the victim testify. d. judges to base rulings on previous cases.
d
The doctrine of preemption is based on the Constitution's a. Commerce Clause. b. Equal Protection Clause. c. Due Process Clause. d. Supremacy Clause.
d
The doctrine of stare decisis a. is an equitable remedy. b. makes the legal process more expensive. c. is unimportant to the common law. d. makes the law more predictable.
d
The fastest-growing method of dispute resolution in the United States is a. litigation. b. negotiation. c. arbitration. d. mediation.
d
Tina wishes to learn what records the IRS has about her. Under the Freedom of Information Act (FOIA), a. Tina can only obtain copies of declassified information. b. Tina cannot obtain any information since the IRS is exempt from the FOIA. c. Tina can only obtain information about the IRS, not records concerning herself. d. Tina is entitled to all information the IRS has about her.
d
What is the major distinction between executive and independent agencies? a. Executive agencies govern business issues while independent agencies regulate individual matters. b. The Administrative Procedure Act regulates independent agencies but not executive agencies. c. Subpoenas may be issued by independent agencies; executive agencies do not have subpoena power. d. The President has greater control over executive agencies.
d
Which of the following statements is most accurate regarding appellate courts? a. Appellate courts often hear new evidence and testimony. b. Only the federal court system has appellate courts. c. Appellate courts hear only criminal cases. d. Appellate courts generally accept the factual findings of the trial court.
d
Holt and Collins decide to have their dispute arbitrated by Corrales. Which of the following will NOT be a result of the arbitration? a. Holt and Collins retain the right to a class action. b. Holt and Collins give up the right to discovery. c. Corrales will render a binding decision. d. Corrales need not give reasons for the decision.
a
