Law Quiz 1

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.

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.

The president signs an executive order declaring that any president may now run for three terms of office instead of two. How could his/her power be checked by the legislative branch?

The legislature could impeach him/her.

Which of the following is a correct statement of federal preemption of state law under the Supremacy Clause? Choose 2 answers.

-A state law that requires documentation of citizenship is preempted by the National Voter Registration Act because the act only requires a statement under oath. -A state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field.

Which of the following statements explains the formation and purpose of a federal administrative agency? Choose 2 answers.

-An administrative agency is formed by enabling legislation that also provides the authority to establish regulations that will implement and enforce the law. -Most federal administrative agencies are subject to the authority of the president, but some are independent.

The U.S. Constitution does which of the following? (Choose 3 answer choices)

-It creates three branches of government. -It divides ruling authority between a state and the federal system. -It provides for the fundamental rights of citizens.

A restriction on commercial speech will be valid if it meets three criteria. What are they? Choose 3 answers.

-It must seek to implement a substantial government interest. -It must not be overly restrictive to meet its objectives. -It must directly advance a government interest.

The idea that each person has intrinsic biases that impact their decisions is a component of which school of thought?

Legal Realist School

Substantive due process places which requirements on all governmental infringements of rights, whether those rights are fundamental or not? Choose 2 answer choices.

-Legislation must be fair and reasonable in content. -Legislation must further a legitimate governmental objective.

What must a party do before appealing an agency action in the court system? Choose 2 answer choices.

-Must follow the agency appeal process. -Must show direct harm.

What is true of corporate political speech? Choose 2 answers.

-Political donations are protected by the First Amendment as types of corporate political speech. -Corporate political speech is protected by the First Amendment.

Which classification or scrutiny would be appropriate for a court to use to examine a state law regulating the price of milk. Choose 2 answer choices.

-Rational Basis Test -Minimal Scrutiny

What restrictions on business speech are allowed by the First Amendment? Choose 2 answer choices.

-Some advertising venues for tobacco -Limitations on advertisements for alcohol

Which of the following statements are applicable to the doctrine of stare decisis? Choose 2 answers.

-Stare decisis is a principle that arose out of the common law. -A lower court must follow the precedent of a decision made by a higher court in the same jurisdiction.

What authority does the federal government have under the Commerce Clause? Choose 2 answer choices.

-To regulate international commerce -To regulate commerce on the national and local levels

Which of the following are sources of administrative law? Choose 3 answers.

-agency regulations -executive orders -agency opinions

When an agency needs to enforce the law or its regulations, it may exercise which of the following powers? Choose 3 answers.

-issue a subpoena -conduct a hearing to obtain a final order -investigate complaints and possible violations of its regulations or the law

The judicial branch may limit an administrative agency's actions by which of the following? Choose 2 answers.

-judicial review of the agency's regulations -judicial review of the agency's orders on appeal

Court orders may: (Select two)

-prohibit a party from doing something. -compel a party to do something.

What are the three levels of scrutiny used by courts to determine the constitutionality of a government action? Choose 3 answers.

-rational basis review -strict scrutiny -intermediate scrutiny

What type of speech does not receive First Amendment protections? Choose 3 answers.

-threats to the president of the United States -speech that incites lawlessness -obscenity

This case would be a case of _______in California. Without the prior guidance, the California courts likely would look to _________ authorities to help them reason through a decision.

1. First Impression 2. Persuasive

If the California court turns to prior court opinions to determine if it should dismiss the suit, it is looking for _________. The system of prior court opinions is called ______ ______

1. Precedent 2. Case Law

n deciding whether to dismiss the suit, the court in California first should look to ________ sources of law, or sources that establish the law. Another resource for the court are the ________ passed by the United States ________ and the state _________ . If the court cannot find any sources of law that establish or direct their decision to dismiss the suit, the court should then turn to __________ sources of law for guidance.

1. Primary 2. Statutes 3. Congress 4.Legislatures 5. Secondary

The California court will follow the decision of the United States Supreme Court because of the doctrine of ________. The United States Supreme Court decision is ________ on the California courts. Because of the United States Supreme Court opinion and the prior California cases regarding clauses of this type, the California court _______ enforce the clause in the contract. Because of the precedent set, the California court ________ dismiss the suit and the case will be heard in ___________. .

1. Stare Decisis 2. Binding 3. will not 4. will not 5. California

What situation would NOT be regulated by the federal government under the Commerce Clause?

A state requiring lawyers practicing in the state to be licensed

What is the role of an administrative law judge (ALJ)?

An ALJ is an employee of the agency bringing the charges.

Which statement is correct concerning judicial review of an administrative agency's action?

Courts usually accept the facts of the case as determined by the agency and often defer to the agency's interpretation of its rules and laws.

The law of which country provided the roots for USA law?

England

Common law is a body of cases decided by legislatures.

False

Generally, administrative agencies do no make the rules they enforce.

False

Obscenity and commercial speech have no protection under the First Amendment.

False

Sandra sued her employer, claiming that she was sexually harassed on the job. This is a criminal lawsuit.

False

The "Takings Clause" of the USA Constitution prevents the government from taking private property for any reason.

False

The largest source of new law in the USA is court decisions.

False

The primary methods of alternative dispute resolution include litigation and mediation.

False

What is preemption in the Supremacy Clause?

Federal law is supreme over state law.

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 classification or scrutiny would be appropriate for a court to use to examine a state regulation requiring firefighters to be men because of the demanding physical requirements of the job?

Intermediate Scrutiny

The belief that as humans we are all entitled to certain fundamental rights is a component of which school of thought?

Natural Law

Esther is pulled over for crossing the yellow line with her automobile. The officer suspects Esther is intoxicated, so she administers a field sobriety test. Esther blows a .16 on the test, so the officer arrests Esther for DWI. Esther decides to fight the charge. Her defense is that she is an alcoholic, and the laws against driving while intoxicated unconstitutionally discriminate against her and other alcoholics. Does Esther have a valid defense to her DWI charge?

No, she does not because laws that regulate economic or social issues are presumed valid, and the courts will apply minimum scrutiny in evaluating whether such laws discriminate against people.

Mexico, the United States and Canada entered into the United States-Mexico-Canada Agreement (USMCA) in 2020. One provision of the USMCA prevents any party from passing laws that restrict the cross-border flow of data. Mexico passes a statute that restricts the cross-border flow of data from England. Is the Mexican statute a violation of the USMCA?

No, the Mexican statute is not a violation of the USMCA because England is not a signatory to the USMCA.

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 business speech is protected by the First Amendment?

Some types of advertising

If there is a conflict between state and federal laws, generally the federal law will prevail because of the:

Supremacy Clause.

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.

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.

Who is authorized to enter into treaties under the Constitution?

The president

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.

A summons is a notice to appear in court.

True

Generally, Constitutional restrictions apply only to government actions.

True

If President Biden vetoed a bill and later both houses of Congress (the House and the Senate) repass the bill by a two-thirds margin, the bill becomes law.

True

In order for a federal court to have jurisdiction, the case must either involve a federal question or be a diversity case, with at least $75,000 in dispute.

True

The primary sources of contemporary law are: constitutions, statutes, common law, administrative law.

True

The principle that precedent is binding on later cases is stare decisis.

True

The trier of fact can be either a judge or a jury.

True

Which of the following is the supreme law of the land?

U.S. Constitution

Where are fundamental rights protected specifically in U.S. law?

Under substantive due process

Curtis filed a lawsuit against Thomas for failure to repay a $1000 loan according to the terms of a promissory note. The trial ended before it began when the trial judge granted a motion for judgment on the pleadings in Curtis' favor. Thomas appealed the ruling and the Court of Appeal remanded the case. This means:

We don't know who wins yet because the case is being returned to the trial court so new information can be presented.

In what situations does federal law preempt state law? Choose 2 answer choices.

When Congress passes a law and creates an agency to enforce that law When Congress passes very detailed laws

Tillie is served with a lawsuit to collect a debt Tillie allegedly owes to Big Ben Clocks. The summons attached to the lawsuit says that Tillie has thirty days to answer the complaint. Fifteen days later, Tillie receives a copy of a default judgment in the mail, directing Tillie to pay $1000 to Big Ben Clocks. Does Tillie have any grounds on which to have the default judgment set aside?

Yes, it is a violation of procedural due process.

In 1998, the President of the USA and other world leaders signed an agreement on global warming called the Kyoto Protocol. Subsequently, the US Senate was asked to ratify the agreement. The Kyoto Protocol is:

a treaty

Which of the following are discovery methods?

all of the above.(. 1. Interrogatories 2. Requests for production of documents 3. physical or mental exams)

The United States has taken a position that legal issues are best resolved by lawsuits involving the parties with conflicting interests presenting their cases. Because of this, the legal system is considered to be:

an adversary system.

Steps for creating a statutory law include filing a bill in the legislature, debating and voting on the bill in committees and in the legislative assembly, and ultimately:

becoming an act when signed by the president or state governor, or if vetoed, when the veto is overridden.

In a civil case, the plaintiff must prove the case:

by a preponderance of the evidence.

Vivian is a strong swimmer. One afternoon, she was having a picnic at a lake and saw a man she did not know drowning. Generally, Vivian had:

no legal duty to rescue the man.

Which of the following types of law originated from early English history in an effort to provide a body of law that applied to the entire English realm?

common law

The principle of stare decisis does which of the following?

creates predictability in the legal system

Congress passes a law making it a crime to use marijuana. The judiciary can check the power of Congress by:

declaring the law unconstitutional.

Which theory of jurisprudence holds that the written law of a government is the highest law?

positivism

What is the system of government called in which states form a union and share sovereign power with the central government of the union?

federalism

The U.S. Constitution impacts state sovereignty by requiring states to honor the public acts of another state through:

full faith and credit.

When an appeal is filed with the US Supreme Court (SCOTUS), the court:

has complete discretion as to which cases it hears.

A woman wants to attend an all-male publicly supported college. She claims the college is violating the Equal Protection Clause of the Constitution by refusing to consider her application. Which level of scrutiny will the court use when deciding this case?

intermediate scrutiny

What is the medium level of scrutiny, sometimes called heightened scrutiny, that a court will use when deciding a case that involves a quasi-suspect class?

intermediate scrutiny

The judicial branch of the US Government:

interprets laws

If the U.S. Supreme Court determines that a state or federal law violates the U.S. Constitution, it may:

invalidate the law.

Legal realists would claim:

it doesn't matter what the law says, but who enforces it.

Wyatt is arrested under a federal statute that makes using marijuana illegal. The state that Wyatt lives in allows recreational use of marijuana. Wyatt challenges the federal statute on the grounds that it is time for the law to change. Wyatt's argument is that recreational marijuana use is now legal in eleven states and medical marijuana use is legal in 34 states; therefore, it is time for the federal government to come into the 21st century and make the use of marijuana legal throughout the United States. Judge Sanderson is the district court judge hearing the case, and he rules that the law should not be overturned. Judge Sanderson is a proponent of the legal positivism school of legal thought. Therefore, Judge Sanderson believes that:

judges should defer to existing laws because there is no law higher than the laws created by a national government.

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.

Which branch of government creates statutory law?

legislative

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.

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.

The argument that a law should not be followed because it violates the inherent rights of human beings follows which theory of jurisprudence?

natural law

Maverick Manufacturing creates dress slacks for men and women. Maverick's decides to expand its business by opening a new manufacturing plant in China to create slacks that will be sold in China as well as in the United States. Maverick will hire both American and Chinese employees to work in the plant. Maverick's upper management thinks that the same laws that protect U.S. employees should apply to the Chinese workers as well. Maverick's upper management subscribes to the:

natural law school of legal thought.

The concept of stare decisis focuses most on:

predictability.

What is the lowest level of review by a court to determine whether a government action unconstitutionally infringes on protected rights?

rational basis review

Civil law:

regulates the rights and duties between parties.

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.

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.

Which of the following is the provision of the U.S. Constitution that establishes federal law precedence over state law?

the Supremacy Clause

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.

Courts have ruled that Fundamental Rights include all of the following except:

the right to drive.

Civil law regulates:

the rights and duties between persons in our society.

Historically, the common law developed from:

the unification of local customs and laws in feudal England.

Congress has the right to pass laws, as long as:

they do not conflict with the United States Constitution.

The purpose of the Freedom of Information Act (FOIA) is:

to give citizens, businesses and organizations access to information that federal agencies are using.

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.