Law

Which of the following are the two primary types of damages available for an intentional tort? Choose 2 answers.

punitive damages compensatory damages

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.

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

the Supremacy Clause

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

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

You run a local marathon, and it is very crowded. As you approach the first mile marker, you accidentally trip one of the other runners. She falls hard, hits her head on the pavement, and is taken away in an ambulance. She later sues you for negligence. What do you think would happen if you defend the lawsuit by saying that you did not intend to trip her?

You would not be successful because intent is not required for a negligence claim.

What are the three steps of a civil trial? Choose 3 answers.

opening arguments closing arguments presentation of testimony and evidence

When a party wishes to excuse a potential juror without giving a reason, the party may exercise a:

peremptory challenge.

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

strict scrutiny rational basis review intermediate scrutiny

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

A business landowner has a duty to reasonably maintain his or her property for safety. When the business invites guests or customers onto its premises, it has a duty to:

warn invitees of and reasonably protect them from a foreseeable risk of harm or danger from something on the premises.

What is the type of business tort that occurs when one business steals a competitor's employee?

wrongful or tortious interference with contract

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.

A product is unreasonably dangerous to consumers when it meets which of the following conditions? Choose 3 answers.

A less dangerous alternative was available but was not used by the manufacturer. It is inherently dangerous but is even more dangerous than an ordinary consumer would expect. The manufacturer failed to adequately warn the consumer about the dangers of the product.

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.

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 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.

Why is a defendant relieved of liability by a superseding cause?

Because the second event breaks the causal connection between the defendant's act and the plaintiff's injuries

Duty of due care

Defendant had a legal responsibility to plaintiff

Which of the elements required to prove negligence involve the reasonable person standard? Choose 2 answer choices.

Duty of care. Breach of duty of care.

What is preemption in the Supremacy Clause?

Federal law is supreme over state law.

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

What factor should a plaintiff consider when deciding which interference tort applies to a situation?

If the plaintiff had a contract with another party who breached the contract.

How could liability be determined with superseding causes?

If the third party's actions or the second event are unforeseeable, the defendant who causes the first act could be relieved of liability.

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.

What must a plaintiff prove in an intentional tort case?

Intent to commit the act.

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 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.

proximate

It was foreseeable that conduct like defendant may cause harm

Federal courts have exclusive subject matter jurisdiction over which of the following? Choose 2 answer choices.

Patent/trademark/copyright cases Bankruptcies

damages

Plaintiff has been hurt or suffered measurable loss

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

What business speech is protected by the First Amendment?

Some types of advertising

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.

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.

You have had a grudge against the owner of a local barbeque restaurant for years. You went to high school together, and he is always acting like he is better than you because even though you both own barbeque restaurants, his business seems to be more popular than yours. You come up with a plan to get back at him by spreading false rumors that his barbeque made a lot of people sick. That'll teach him! What do you think might happen if you go through with your plan?

The owner of the restaurant could sue you, and you may have to pay him money.

How might a plaintiff's case be impacted if she can show that a defendant committed a tort in which the defendant exhibited bad faith?

The plaintiff may be entitled to punitive damages or additional damages.

Which of the elements must a plaintiff prove to prevail in a negligence lawsuit?

The plaintiff must address all of the elements.

Who is authorized to enter into treaties under the Constitution?

The president

Which of the following describes a product with a defective condition?

The product is not reasonably fit for its ordinary and intended use.

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.

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

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

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

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

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

A court has personal jurisdiction over a party in which of the following circumstances? Choose 2 answer choices.

When a party brings a case in its court When the party's property at issue in the case exists within the geographic boundaries of the authority of the court

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

agency regulations agency opinions executive orders

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.

The role of a mediator is to:

assist parties in a dispute in resolving their differences out of court.

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

A company that has its property taken without permission and then sold or transferred to a third party may sue for what tort?

conversion

The principle of stare decisis does which of the following?

creates predictability in the legal system

What is the business tort that happens when a person causes economic losses to a business by intentionally publishing false statements about the products or property of the business?

disparagement

Elements of negligence

duty of due care, breach, damages, factual, proximate

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

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

invalidate the law.

To meet the element of intent, a plaintiff must prove that the defendant:

knowingly committed the act or knew with substantial certainty that his or her actions would result in the consequences.

What liability theory is used by courts to allocate damages when there are multiple defendants and it cannot be proven which defendant was responsible?

market-share liability

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

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

positivism

Civil law:

regulates the rights and duties between parties.

Which of the following tests may be used by a court in a design defect case? Choose 2 answers.

risk-utility analysis consumer expectation test

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

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

What is the term for the defense that a product was manufactured in compliance with all safety and health standards required at that time and used current technical or scientific knowledge?

state-of-the-art defense

Defamation

the action of damaging the good reputation of someone; slander or libel.

Appropriation

the action of taking something for one's own use, typically without the owner's permission.

Conversion

the action of wrongfully dealing with goods in a manner inconsistent with the owner's rights.

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

they do not conflict with the United States Constitution.

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.

A plaintiff must prove which two of the following to succeed in a design defect case? Choose 2 answers.

An alternative design was safer and available and the manufacturer did not use the alternative. The failure to use a safer design was the cause of harm to the plaintiff.

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

In contrast to federal courts, state courts have what kind of jurisdiction?

broad

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

declaring the law unconstitutional.

Breach

defendant breached duty of care

factual

defendants conduct caused actual injury

Court orders may:

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

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 tort in which one business seeks to interfere with the profits or market edge its competitor hopes to gain by entering into a contractual relationship?

wrongful interference with a prospective business advantage

Which branch of government do you think creates statutes?

Legislature

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

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

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

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

full faith and credit.

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

Which branch of government creates statutory law?

legislative

Which branch of government has the authority to enact law?

legislative

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.

Tort law benefits the capital market by protecting which of the following business interests? Choose 3 answers.

property interests business reputation investment in employees

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

rational basis review

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 asks the court for a:

summary judgment.

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

Natural Law

An arbitrator is different than a mediator because an arbitrator:

has the authority to make a binding award.

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

In what situation would justification be appropriate?

Justification is appropriate for either type of wrongful interference tort.

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.

A product liability lawsuit can be filed under which legal theory? Choose 3 answer choices.

Negligence Intentional Tort Strict Liability

Which of the following are the TWO types of ADR that results in parties voluntarily signing a settlement agreement rather than proceeding to trial? Choose 2 answer choices.

Negotiation Mediation

You are employed as a receptionist at an upscale restaurant with a large base of regular customers. One of your male co-workers recently announced he is transitioning to female and will soon begin to dress and present as a woman. Your co-worker has earned praise from your boss and outstanding performance reviews. Your employer is concerned, however, that customers will be uncomfortable by the transition and will find other places to enjoy a meal. As a result, your employer terminates your coworker from his job. Your coworker is offended and angry and wants to take action to get the job back. Can the employer legally terminate employees on the ground they are transgender?

No, transgender employees are protected by the Equal Protection Clause and the Civil Rights Act of 1964.

What are two types of challenges an attorney can make during voir dire?

Peremptory challenges Challenge for cause

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.

What can a defendant present to win a strict liability case?

The consumer altered the product since purchasing it and that caused the harm

To win a wrongful interference with a contract case, a plaintiff must prove which of the following elements? Choose 3 answer choices.

The defendant knew a contract between the plaintiff and a third party existed. The plaintiff experienced injury or damages as a result of the defendant's actions. A valid contract existed between the plaintiff and a third party.

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.

What does the reasonable person standard impose on a person in a negligence lawsuit?

a duty to act as a reasonable person would in the same circumstances

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

Which of the following requires a plaintiff to prove malice?

injurious falsehood

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

A party may challenge a potential juror for cause if the party believes the potential juror: (Choose 3 answers.)

is biased. has prior knowledge of the facts of the lawsuit. is a friend or relative of one of the parties.

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

Legal realists would claim:

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

Historically, the common law developed from:

the unification of local customs and laws in feudal England.