LAW 231 Midterm
State statutory law is created by:
elected members of the state legislature.
Historically, the common law developed from:
the unification of local customs and laws in feudal England
Federal courts have exclusive subject matter jurisdiction over which of the following?
1. Bankruptcies 2. Patent/trademark/copyright cases
What information can people request under the Freedom of Information Act?
Agency budget information
In the United States, who creates federal statutory law?
Congress
Which of the following are reasons why a motion for a new trial might be granted?
Excessive damages were awarded The judge committed prejudicial error The trial was unfair
Which of the following is a true statement of the powers of a branch of the federal government?
The power to enact laws is vested in the legislative branch.
Which of the following statements explains the formation and purpose of a federal administrative agency?
1. An administrative agency is formed by enabling legislation that also provides the authority to establish regulations that will implement and enforce the law. 2. Most federal administrative agencies are subject to the authority of the president, but some are independent.
A court has personal jurisdiction over a party in which of the following circumstances?
1. When the party's property at issue in the case exists within the geographic boundaries of the authority of the court 2. When a party brings a case in its court
Legal researchers will use which of the following tools to locate a court decision?
1. bound volumes of reported court decisions, organized by jurisdiction, date, and courts 2. online legal research engines such as Lexis, Westlaw, or Bloomberg
When an agency needs to enforce the law or its regulations, it may exercise which of the following powers?
1. investigate complaints and possible violations of its regulations or the law 2. issue a subpoena 3. conduct a hearing to obtain a final order
What is the exhaustion doctrine?
A person may seek judicial review of an agency decision only after they have followed all agency procedures to obtain a remedy for their complaint and have obtained a final order from the agency.
In which function of the administrative process is the administrative law judge most involved?
Adjudication
What is the role of an administrative law judge (ALJ)?
An ALJ is an employee of the agency bringing the charges.
Which of the following may a judge consider once a motion for summary judgment has been filed?
Facts as presented in affidavits The content of the pleadings Facts as discovered by depositions
Under the common law, which of the following is true?
In a case of first impression, a judge may use persuasive authorities rather than precedents
Which of the following is an example of federal agency regulations that impact business operations?
Internal Revenue Service rules for business tax audits
In which of the following situations would ONLY state law apply?
Jim and John Brown want to form the Two Brothers Cleaning and Janitorial Company, Inc. and do business in Maryland.
Ethan is charged with armed robbery and is meeting with his attorney, Audrey, to prepare for trial. During the trial prep session, Ethan tells Audrey about a young girl that Ethan killed, unrelated to the armed robbery. It has been all over the local news that this young girl is missing, and her parents have been desperately looking for her. Ethan tells Audrey where the body is buried. Doubting Ethan's story, Audrey actually goes to the burial site and verifies that the body is there. Later, the prosecuting attorney discovers information that makes Ethan a suspect in this murder and also discovers information that Audrey knows about the body and where it is buried. The prosecuting attorney thus subpoenas Audrey to court to testify about this information. If this is privileged information, will Audrey be compelled to testify about the location of the missing girl's body?
No, the court will likely deny the prosecutor's subpoena for Audrey.
Which of the following are required for a diversity of citizenship case?
Parties that are citizens of different states An amount in controversy over $75,000
The Administrative Procedure Act (APA) is the federal law that does which of the following?
The APA sets out the rule-making process for administrative agencies.
What are the benefits of the exhaustion doctrine?
The exhaustion doctrine requires resolution of disputes within the agency without involving the court system, except when necessary.
You've decided to buy some rental property but know very little about the law regarding landlord-tenant relations. You head to the local law library to do a little research on the subject. The law librarian is extremely helpful, and with his help, you have lots of reading material about landlord-tenant law! You discover there are several kinds of law and that some laws are procedural and other laws are substantive. What do you think procedural law covers?
The methods of enforcing the rights established by substantive law
What information is exempt from access by a Freedom of Information Act request?
Trade secrets Personnel information about a particular person
The abbreviation "U.S." in the legal citation Brown v. Board of Education, 347 U.S. 483 (1954) references the:
United States Reports.
Rando and Shania are involved in an automobile accident. Rando decides to sue Shania for his injuries, so he files a complaint, a formal pleading that starts the lawsuit and sets out the allegations that Rando has against Shania. Rando has the complaint, along with a summons, served on Shania to give her notice of the lawsuit. If Shania does not respond to the complaint:
a default judgment may be entered against her.
After a civil trial at which the losing party believes the jury verdict is contrary to the weight of evidence, the party may file which of the following motions?
a motion for a judgement notwithstanding the verdict (JNOV) a motion for a new trial
When an appellate court decides to send a case back to the lower court for a decision on a particular issue, it is called:
a remand.
What is the term for a court's determination that an administrative agency decision is the result of plain error or mistake?
abuse of discretion
Which of the following are sources of administrative law?
agency regulations agency opinions executive orders
Which of the following types of jurisdiction relates to the power of a higher court to review the decision of a lower court?
appellate jurisdiction
Andre is involved in a business dispute with his former partner, Ned. Instead of filing a lawsuit, Andre and Ned decide to use alternative dispute resolution (ADR) to settle their dispute. Andre and Ned choose to present their case to a neutral third party, and that third party will decide the case. The form of ADR that Andre and Ned have decided to use is:
arbitration.
When the parties in a dispute present their arguments and evidence to a neutral third party who then renders a decision, it is called:
arbitration.
When the attorney for a party cross-examines a witness at trial, the attorney may:
ask questions about the witness's character. ask only questions relating to the testimony already given by the witness.
The role of a mediator is to:
assist parties in a dispute in resolving their differences out of court.
In contrast to federal courts, state courts have what kind of jurisdiction?
broad
What do legal professionals use to analyze court decisions that are relevant to their clients' cases?
case briefing
The principle of stare decisis does which of the following?
creates predictability in the legal system
Maryanne and Trory are in court over a lawsuit that Maryanne filed against Trory for conversion of property. During voir dire, Maryanne's attorney asks the jurors if any of them know either of the parties. Juror number 13 responds that she is Trory's first cousin. Maryanne's attorney asks the court to strike juror number 13 from the panel. Maryanne's attorney is asking that juror number 13 be stricken:
for cause.
For the past year, Zegrida has been writing a historical fiction novel based on the experiences of her family as they immigrated to the United States from Latvia during World War II. When finished, she contacted a publisher and was shocked to discover that her book had just been published two weeks ago with Fran, a business acquaintance of Zegrida, listed as the author. Two months ago, Zegrida had asked Fran to review the book and give feedback, but instead, Fran published the book under her own name. Zegrida plans to sue Fran for copyright infringement and is trying to decide in which court to sue. Zegrida must sue Fran:
in federal district court because the suit involves a copyright issue.
A party may challenge a potential juror for cause if the party believes the potential juror:
is biased. is a friend or relative of one of the parties. has prior knowledge of the facts of the lawsuit.
The judicial branch may limit an administrative agency's actions by which of the following?
judicial review of the agency's regulations judicial review of the agency's orders on appeal
Which branch of government has the authority to enact law?
legislative
Dion is head of the National Security Agency, a subagency of the Department of Defense. Dion has held the position for years and feels comfortable that he is secure in his position. However, after Dion holds a press conference where he directly contradicts a statement the president made, he receives a letter from the president removing him from his position. Dion objects to the firing, stating that he can only be removed from office "for good cause." If Dion sues for being wrongfully removed from office, he will:
lose because the president has the power to appoint and remove officers of executive federal agencies.
A legal citation for a court decision is used by legal professionals to research the law, and includes:
party names, location of the published case, court, and date of decision.
When a party wishes to excuse a potential juror without giving a reason, the party may exercise a:
peremptory challenge.
How a hearing or court case is conducted is governed by:
procedural law
Substantive law governs a person's:
rights and responsibilities.
Phyllis has worked as a mechanic for Boeing Corporation for the last ten years. Phyllis recently found out she is pregnant, so she requests a transfer to another position that does not require as much lifting. Boeing refuses to transfer Phyllis and fires her instead. Phyllis files a complaint with the EEOC for a violation of the Pregnancy Discrimination Act, and that agency, the EEOC, decides the case in Boeing's favor. After exhausting all administrative remedies, Phyllis files a lawsuit in federal court, which will:
show deference to the agency's decision on both questions of law and fact, upholding the decision unless it is unreasonable.
Zayden was recently arrested for driving while intoxicated. The law in his state defines the crime of driving while intoxicated as operating a motor vehicle on the public roads with a blood alcohol content over 0.8%. State law also states that anyone convicted of this crime has the right to appeal. Zayden recently took a criminal justice course in college and remembers studying the differences between substantive and procedural law. In his current situation, he knows that:
the law that defines the crime is a substantive law, and the law that provides for the right to appeal is a procedural law.
What is the term for an appellate court's decision to overturn the decision of the lower court and rule in favor of the person filing the appeal?
to reverse
The federal and most state judicial branches have at least these three levels in the court system:
trial court, intermediate appellate court, and highest appellate court
What is the process of interviewing prospective jurors and either approving of or challenging a person's impartiality toward service on a particular jury?
voir dire
Harold is the owner of Fairway Lawn Service, which provides lawn-care services to residential and commercial customers. Harold regularly sprays his customers' lawns with a pesticide that contains glyphosate. The Environmental Protection Agency (EPA) issues a citation to Harold for commercial use of the pesticide. The EPA says glyphosate can only be used in residential applications. Harold knows that this has not been the law in the past, so he searches the EPA website for information about glyphosate. Harold finds nothing that indicates glyphosate cannot be used in commercial applications, so Harold demands a hearing to dispute the citation he has been issued. Harold will probably:
win because the EPA did not give notice of the rule change regarding glyphosate.
The legislation that requires an administrative agency to respond to requests from citizens for agency records is called the:
Freedom of Information Act (FOIA).
How does the administrative law process differ from a court proceeding?
Jury involvement Employment of the judge
Which of the following lists the steps of a trial in the correct chronological order from beginning to end?
Jury selection, opening statements, plaintiff's case, defendant's case
What is a document called that is filed with the court to state the position of the plaintiff or the defendant in a lawsuit and ask for relief from the court?
pleading
Arliss runs a red light and strikes Jeffry's vehicle. Jeffry sues Arliss, and they proceed to trial. At the end of the trial, Jeffry is not happy with the amount of damages the jury awarded. Jeffry files a notice of appeal in his lawsuit against Arliss. Jeffry must now file the record with the appellate court. The record that Jeffry must file will consist of:
the pleadings, the trial transcript, the judge's rulings on motions made by the parties, and other trial-related documents.
You recently had an accident on the job. Some equipment fell on you causing a serious injury, and your medical bills alone are likely to be over $85,000. You claim an outside vendor who was working on the equipment that day created the problem that caused the injury, and you want to sue. You live and work in Texas, and the outside vendor is a resident of Oklahoma. Where do you think you should file the lawsuit?
in either federal or state court
Agency rules are similar to statutes because of which one of the following?
They are legal requirements and binding as if Congress has passed them.
How many circuits are the federal appeals courts divided into?
12, including the D.C. circuit
Granting a Motion for a J.N.O.V. means:
the jury verdict was wrong and so clearly against the weight of the evidence that no reasonable person could have found as the jury did.
Angelina sues Harrison for breach of contract and loses. Angelina appeals her case to the state supreme court. The appellate court remands the case, which means that:
the case is sent back to the trial court for further proceedings consistent with the opinion of the appellate court.
What are two types of challenges an attorney can make during voir dire?
Challenge for cause Peremptory challenges
Which of the following statements correctly reflects the role of a federal administrative law judge (ALJ)?
An ALJ presides over an administrative hearing and issues an order that, when final, may be reviewed by a court.
Megan Kanka was raped and murdered in 1994, when she was only seven years old, by one of her neighbors. As a result of her murder, a federal statute was created that requires law enforcement authorities to make information available to the public regarding registered sex offenders. This federal statute was created by:
Congress.
You participate in Black Lives Matter protests and have begun studying the issues raised about police officers. Your local protest group believes the budget of the local police department should be made public as well as the training manuals used to prepare recruits for the job. You and the group want this information to help assess the effectiveness of the police department. For example, is the money well spent? Is training appropriate? What law enables citizens to obtain information from the government about a subject of interest when a written request is made?
Freedom of Information Act
The idea that each person has intrinsic biases that impact their decisions is a component of which school of thought?
Legal Realist School
Which of the following are the TWO types of ADR that results in parties voluntarily signing a settlement agreement rather than proceeding to trial?
Mediation Negotiation
What must a party do before appealing an agency action in the court system?
Must show direct harm. Must follow the agency appeal process.
The belief that as humans we are all entitled to certain fundamental rights is a component of which school of thought?
Natural Law
Roger has worked for an agency, the Federal Reserve, for ten years. Recently, Roger has heard rumors that multiple employees have contracted COVID-19, a highly contagious and potentially dangerous disease, although they have recovered completely. Nevertheless, Roger is still concerned about being around these people, so Roger asks his employer, the Federal Reserve, for a list of these employees. The Federal Reserve refuses, so Roger files a Freedom of Information Act (FOIA) request for the information. Under the FOIA, will the Federal Reserve provide Roger this list?
No, this information is confidential and personal.
What is the term given to an administrative decision that is unreasonable or implausible in light of the facts and evidence?
arbitrary and capricious
Sanchez and Yan entered into a contract that required Sanchez to deliver twenty textbooks to Yan's bookstore every month by the 15th raised to the th power of the month. Six months after Sanchez and Yan entered into this contract, Sanchez breached the contract by not delivering the textbooks to Yan's bookstore. After Sanchez breached the contract, Yan sued Sanchez for her damages. Yan must choose the appropriate court in which to file her lawsuit. To do this, Yan needs to be sure the court has:
both subject matter and in personam jurisdiction in the case.
A defendant failed to timely respond to a complaint filed against them. The plaintiff should file a motion for:
default judgment.
You own a German Shepherd named Max who you love and adore. You are aware that Max is sometimes aggressive with new people. Because of that, you are usually very careful to prevent Max from running out of the house unleashed. One day, as you open the door to bring in the mail, Max escapes out of the door and attacks a woman walking in the vicinity of your home. The woman suffers significant injuries on her right arm, some of which she claims will leave permanent scars. You feel very bad about this. The woman is now suing you for $18,000 to cover her alleged medical bills, missed time at work, and pain and suffering. To prepare for the trial, you would like to review the woman's medical records, medical bills, work schedule, and salary. Additionally, you would like to have a doctor of your choosing examine her arm and assess the true extent of the injuries. What is the procedure a defendant uses to learn more about a plaintiff's claim before trial?
discovery
What does venue refer to?
geographic location of the court
An arbitrator is different than a mediator because an arbitrator:
has the authority to make a binding award.
Randolph was recently arrested for violating a local ordinance that prohibits citizens from wearing clothing that exhibits obscene language. He thinks the ordinance is unfair, because it does not clearly explain what "obscene" means, so he fights the charge in court. The court finds in Randolph's favor, holding that the ordinance is void for vagueness, and strikes it down. In striking down the statute created by the legislature, the court was exercising the power of:
judicial review.
Judge Jasper and his friend, Judge Judy, were debating the philosophical theories of jurisprudence. Judge Jasper believes that law is just one of many institutions in society and that it is shaped by social forces and needs. Judge Jasper believes in the theory of jurisprudence called:
legal realism.
If a trial court judge is deciding an issue that has never come before the court (a case of first impression), they:
may create new precedent
What are the three steps of a civil trial after voir dire?
presentation of testimony and evidence closing arguments opening arguments
Mary and Hanna, who are Tennessee residents, were traveling through Mississippi when they were involved in an automobile accident with Franco, who is a resident of Mississippi. Franco sues Mary, who was driving the car, in federal court in Mississippi and asks for $100,000 to reimburse him for his medical bills and lost wages. In deciding the case, what law will the federal district judge apply?
state law
Elton is a state representative for the North Dakota legislature. Recently, Elton and his colleagues in the legislature proposed a law that would increase the penalty drivers would have to pay if they pass a stopped school bus. The type of law that Elton and his colleagues will enact is known as:
statutory law.
After all pleadings are filed and discovery is completed, a party may ask the judge to rule in their favor on the basis that there are no genuinely disputed facts and the judge need only rule on the law. The motion that was submitted with a couple affidavits attached asks the court for a:
summary judgment.
Federal question cases are those that involve:
the U.S. Constitution. a federal statute. a federal treaty.
Rhea, a 45-year-old supervisor in a women's retail clothing store, recently learned that a younger co-worker was promoted to a position she had applied for. Rhea has more experience and more time with the company and has always gotten excellent scores in her annual reviews. Rhea files an action with the Equal Employment Opportunity Commission (EEOC) for age discrimination. The Administrative Law Judge (ALJ) issues an order in favor of Rhea. This decision of the ALJ is:
the final order in the case unless the store appeals.
Joan's lawyer, Albert, feels pretty good about the chances of winning Joan's case. He has found a case directly on point, which means it has the same issue and very similar facts. If the court follows the decision in the case Albert found, then Joan will win her case. Albert argues Joan's case to the trial court, and the trial court decides for Joan. The fact that the trial court decided the case in Joan's favor is an example of:
stare decisis.