Legal business test 3

The primary source of federal power to regulate business is the a. Commerce Clause. b. Contract Clause. c. Privilege and lmmunities Clause. d. Supremacy Clause .

a. Commerce Clause.

Kelley went ice skating on a neighbor's pond, but she fell through a thin area into icy waters. Kelley did not have pemlission to be on the property. and the neighbor did not even know that she was there. Is the neighbor liable• for Kelley· s injuries? a. It may depend on Kelley's age. b. Yes, the neighbor is strictly liable. c. Yes. The neighbor should have posted "thin ice" notices. d. No. Kelley was a trespasser and the neighbor can only be held liable for intentionally injuring her or for gross misconduct.

a. It may depend on Kelley's age

If there is a conflict between a state and federal law, generally the federal law will prevail because of the a. Supremacy Clause. b. federalism doctrine. c. paramount doctrine. d. Interstate Commerce Clause.

a. Supremacy Clause

Which of the following limitations does NOT apply to the govemment in civil proceedings to take a person's liberty or property? a. The Equal Protection Clause b. Procedural Due Process c. Substantive Due Process d. The Takings Clause

a. The Equal Protection Clause

Which of the following guarantees that a witness testifying in a court or legislature may never be sued for defamation? a. absolute privilege b. defamation privilege c. protected right to slander d. recovery principle

a. absolute privilege

Lori and her fiicnds bum an American flag as an act of political protest. Lori is arrested for violating a state law that prohibits flag burning. The Supreme Cour1 has iuled that laws making it illegal lo bum an American flag a. are void because they violate a person's right to freedom of speech. b. are void because they deny a person due process rights. c. are valid. d. are void because a state cou11 has no power to prosecute a person for burning the federal flag .

a. are void because they violate a person's right to freedom of speech.

A salesclerk at Sparkle Jewelry Store ohserved a customer remove a ring from a display case And put it in his pocket In most states. Sparkle, a. can reasonably detain the customer for suspicion of shoplifting. h. cannot detain thc customer but once the customer leaves the store, the salesclerk can m.ike a c1ttzcn's arrcst. c. cannot detain thc customer but can sue for conversion. d. cannot detain the customer but can alert the police.

a. can reasonably detain the customer for suspicion of shoplifting

Runyon was ready to sign a two-year agreement with Barnell Corp. to become Barnett's sales representative for a three-state area. LaPrise, who wants to be the representative for that area, threatens Runyon with bodily harm if he takes the position. Runyon decides his physical well being is more important to him than the job, so he does not accept the position. LaPrise a. committed tortious interference with a prospective advantage. b. committed a battery. c. committed tortious interference with a contract. d. Causcd a breach of contract and committed the tort of intrusion.

a. committed tortious interference with a prospective advantage.

Judicial review can best be described as the power of federal courts to a. declare a statue or governmental action unconstitutional and void. b. take it upon itself to decide issues on constitutional grounds. c. abstain from adjudicating major issues and to leave such matters to legislatures. d. take private property for public use.

a. declare a statue or governmental action unconstitutional and void.

The ''donnant" aspect of the Commerce Clause a. is also known as the "negative" aspect. b. means that there are many wmsed powers still available to the government to regulate trade between the states. c, guarantees that the states have the power, even if unused, to impose regulations affecting interstate commerce. d. guarantees that Congress has the power to regulate trade with foreign countries that have not yet developed trade practices with the United States .

a. is also known as the "negative" aspect.

A government action interfering with a fundamental right will be judged using a. strict scrutiny. b. legitimate scrutiny. c. minimal scrutiny. d. intermediate scrutiny.

a. strict scrutiny.

An intentional tort involves conduct in which -a. the defendant intended a certain physical act which ends up injuring someone. b. there is resulting punishment, including prison, for the defendant. c. the defendant intended lo hann the plaintiff. . d injures are caused to someone because of the defendant's neglect or oversight.

a. the defendant intended a certain physical act which ends up injuring someone.

The states have a severely restricted power to enact laws that affect interstate commerce. This concept is called a. the dormant aspect of the Commerce Clause. ·• b. federalism. c. constirutional hierarchy. d. the undue burden concept.

a. the dormant aspect of the Commerce Clause.

Which of the following acts resulting in injury would be negligence per se? a. June,while driving the speed limit, sideswiped tbe car next to her. b. A retailer sold glue containing benzene to a 14-ycar-old boy in violation of state law. c. Tammy nccidentally dropped a heavy carton on Sasha's foot while at work. d. Joe sold fireworks from his Indiana store (a legal activity) to Steve, an lllinois resident (a state that has • mad~ owning fireworks illegal).

b. A retailer sold glue containing benzene to a 14-ycar-old boy in violation of state law.

The test of "foreseeability" is generally used to determines the existence of which element of a negligence case? a. Breach b. Duty of due care c. Factual cause d. negligence per se

b. Duty of due care

The doctrine of preemption is based on the Constitution's a. Due Process Clause. b. Supremacy Clause. c. Commerce Clause. d. Equal Protection Clause .

b. Supremacy Clause

The issue of the constitutional protections afforded !lag burning was addressed in a. Palmore v. Sidoti. b. Texas v. Johnson. c. Marbury v. Madison. d. United states v. Lopez.

b. Texas v. Johnson

The United States v. Lopez case demonstrntt·s which of the following? a. There are no limitations on the federal government's power pursuant to the Interstate Commerce Clause. b. There are limilatiom, on federal power. c. The slates have extensive power to reh111lak interstate commerce. d. Gun ownership ca1111ut be regulated.

b. There are limilatiom, on federal power.

Adam decided to play a practical joke on Linda, a co-worker. As Linda was leaving the office one night, Adam, wearing a mask, stepped out from behind some bushes. He pointed a handgun made out of licorice at her arnl demanded her purse. He then pushed the candy gun to her head and told her if she told anybody he'd kill he;· .• Linda was very scared during the whole incident. She did not think it was fanny when Adam pulled the mask off and took a bite out of the gun as he gave her the purse back. Did Adam commit the tort of intentional infliction of emotional distress? a. No, since Linda was not physically hurt by Adam. b. Yes, as his conduct was intentional. c. Yes, but only if Adam intended to cause Linda serious emotional distress. d. No, since he was only playing a practical joke.

b. Yes, as his conduct was intentional.

Generally, constitutional protections do NOT apply to a. acts of :idministrativc agencies. b. acts of privately owned businesses. c. acts of state Government . d. acts of the federal government.

b. acts of privately owned businesses

The money intended to restore a plaintiff to the position he was in before the injury is referred to as a. tortious payments. b. compensatory damages. c. punitive damages. d. conversion payments.

b. compensatory damages.

The notion that if a plaintiff is even slightly negligent, he or she recovers nothing is known as a. reasonable negligence. b. contributory negligence. c. comparative negligence. d. insignificant negligence.

b. contributory negligence.

The 14th 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. differentiates on the basis ofrace. c. affects a person's right to drive. d. affects an economic interest.

b. differentiates on the basis ofrace.

. If Oregon passed a statute that prohibited liquor stores from engaging in any kind of advertising, that statute would be a. invalid as a violation of the Commerce Clause. b. invalid as an umeasonable restriction of.free speech. c. valid as an exercise of police power. d. valid, as alcohol is illegal for minors.

b. invalid as an umeasonable restriction of.free speech.

for the defendant to be liable in a negligence case, it must be proven that the type of harm caused by the defendant must have been reasonably foreseeable. This is referred to as a. duty of due care. b. proximate cause. c. factual cause. d. breach.

b. proximate cause

Which of the following represents a landowner's lowest liability? a. licensees b. trespassing adults c. trespassing children d. invitees

b. trespassing adults

Don was driviving big truck when a board fell out of the truck bed and onto the road. Alice, who was driving closely behind Don's truck, tried to avoid the board, swerved and struck a telephone pole, causing her severe injuries. Which of the following is correct? a. Don was not negligent in allowing the board to fall out of his truck. b. Don is engaging in ultrahazardous activity. c. In a comparative negligence state, the actions of Don and Alice will be weighed to determine liability. d. Don is strictly liable to Alice for her injuries.

c. In a comparative negligence state, the actions of Don and Alice will be weighed to determine liability.

A woman wishes to attend an all-male, publicly supported college. She claims the college is violating the Equal Q Protection Clause of the Constitution. What level of scrutiny will the court use when deciding this case? '"' a. Strict scrutiny b. Minimal scrutiny c. Intermediate scrutiny d. Compelling interest SCiutiny

c. Intermediate scrutiny

In a negligence case, the plaintiIT must establish a. mem rea, breach. foreseeable hann. and injury. b. duty. actus reus, forcsccabk ham1. and causation. c. duty of due care. breach, causation, foreseeabk harm, and damages. d. duty, strict liability. c.1usation. :md injmy.

c. duty of due care

The idea that court should not be heavily involved in lawmaking, but rather should only rule in cases where·the constitutJ.onality 1s clear is known as a. judicial review. b. judicial activism. c. judicial restraint. d. judicial reform

c. judicial restraint.

The ruling in the landmark case of New York Times v. Sullivan was that a public official can win a defamation case a. only by proving the defendant has a history of reckless behavior. b. without proving the defendant knew his or her statement was false. c. only by proving the defendant's actual malice. d. without proving the defendant acted with reckless disregard of the trnth.

c. only by proving the defendant's actual malice

A branch of tort law that imposes a much higher level of liability when harm results from ultrahazardous acts or drf ectiYe products is ref erred to as • a. res ipsa loquitur. b. strict negligence. c. strict liability. d. heightened liability.

c. strict liability.

. If a court applies res ipsa loquitur a. the defendant is strictly liable. b. the plaintiff needs to prove the case by a preponderance of the evidence. c. the defendant has the burden of proving he or she is not liable. d. the plaintiff must prove the case by clear and convincing evidence.

c. the defendant has the burden of proving he or she is not liable.

Nevada passed a law banning all commercial billboards along state highways to improve the appearance of the environment. Tfthis law were to be challenged, which of the following would a court examine to detennine if.the law is constitutional? a. It would have to be shown that the law reaches no further than necessary to promote the state goal. b. It would have to be shown that the law directly and materially advances the state's goal of a more aesthetically pleasing environment. c. It would have to be established that the law fmthers an interest of the state of Nevada to create a more aesthetically pleasing environment. d. All of the above.

d. All of the above.

Angela sued Tom for battery. Angela was awarded $30,000 for future medical expenses. Five years after th~ award, Angela realizes that her medical expenses will far exceed $30,000. Under the single recovery principle, a. Tom will have a qualified privilege and only have to pay a portion of the additional medical expenses. b. Angela will be able to submit the additional medical bills to the court for payment. c. Tom wilJ have to pay the additional medical bills. d. Angela will have no recourse against Tom or the comt for the medical expenses as long as the original award was reasonable.

d. Angela will have no recourse against Tom or the comt for the medical expenses as long as the original award was reasonable.

Thompson raised 80 acres of com, 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. only Thompson's local government can regulate his fanning activity. b. Congress has no authority over Thompson's activity based on the negative aspect of the Commerce Clause. c. only Thompson's state and local governments can regulate his fanning activity. d. Congress may regulate Thompson's fanning activity because it has a substantial economic effect on interstate commerce.

d. Congress may regulate Thompson's fanning activity because it has a substantial economic effect on interstate commerce.

Kyle was eating clam chowder soup in a restaurant when a very small piece of bone lodged in his throat. .. Fortunately, he was able to remO\e the bone with his fingers. However, he was upset by the incident and sued the restaurant for negligence. What is the most likely result in this case? a. Kyle will collect damages, as res ipsa /oquitur applies. b. Kyle will collect damages because the restaurant committed negligence per sc. c. Kyle will collect damages ifhc proves it was possible to prevent tiny fish bones from being present in clam chowder. d. Kyle will not collect any damages since he did not sustain any damages.

d. Kyle will not collect any damages since he did not sustain any damages.

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. He and Diane are being treated differently than married couples. b. No. His fundamental right of cohabitation has not been violated. c. Yes. His equal protection rights have been violated. d. No. Constitutional protections do not extend to privately-owned apartment complexes.

d. No. Constitutional protections do not extend to privately-owned apartment complexes.

Which of the following is a valid defense to a defamation claim? a. The First Amendment guarantees the absolute right to free speech. b. The statement did not cause any grave injury. c. The statement was not slanderous only libelous. d. The statement was only an opinion.

d. The statement was only an opinion.

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 review. b. judicial restraint. c. the donnant aspect of its judicial power. d. judicial activism.

d. judicial activism.

Written defamation is __ ; oral defamation is __ _ a. slander; libel b. fraud; conversion c. conversion; fraud d. libel; slander

d. libel; slander

A national magazine published an article about a famous television star. The television personality is upset because the information contained in the story is not correct. If the actress sues the magazine, a. she will need to show that the magazine failed to attempt to verify the story by trying to contact her or her agent before the story was printed. b. she will need to show that the magazine could have discovered that the story was false but failed to do so. c. she will need to show that the magazine has a history of being "reckless" with facts on a regular basis. d. she -will need to show that the magazine either knew the story was false or acted with reckless disregard of the facts.

d. she -will need to show that the magazine either knew the story was false or acted with reckless disregard of the facts.

Smalltown, located in a border state. seemed to favor Caucasians over Latinos in its hiring practices. The courts will review the practice using a. intennediate scrutiny. b. Supremacy Clause scrutiny. c. minimal scrutiny. d. strict scrutiny.

d. strict scrutiny.

A form of due process that holds that certain rights are so fundamental that the government may not eliminate·, them is ref erred to as a. eminent domain. b. procedural due process. c. judicial restraint. d. substantive due process.

d. substantive due process.

THe Bill of Rights refers to a. a specific listing of individual rights found in the original text of the Constitution. b. a grouping of individual rights set forth by the United States Supreme Court shortly after the Constitution was ratified by the states. c. the inalienable rights found at the beginning of the Constitution. d. the first ten amendments to the Constitution.

d. the first ten amendments to the Constitution.

When Congress passed a criminal statute called the "Gun-Free School Zones Act," the Supreme Court ruled that a. the law was valid as a proper exercise of the power to regulate interstate commerce. b. the law was void for vagueness; thus, it was not valid. c. althoug~ the law was not a proper exercise of the power to regulate interstate commerce, Congress had the power to create such legislation on other grow1ds. Therefore, the statute was valid. d. the law was not valid since Congress exceeded its power under the Commerce Clause.

d. the law was not valid since Congress exceeded its power under the Commerce Clause.

Annette drove .through an intersection without looking and hit Vincent's car that he had driven into the intersection without obeying a stop sign. Annette sued Vincent. The jury found that Annette's fault contributed 20 percent to the collision and determined that her total loss was $100,000. Under comparative negligence the jury should award Annette a. Sl00.000. b. $20,000. C. $80,000. d. nothing.

C. $80,000.

Jim told his manager Lana, that a cu-worker, Diane, had been in prison for then. Lana checked into the matter and when she learned that Diane had served time in prison for thcfl, she fired her. a. Jim is liable to Diane for defamation only if she is a public figure. b. Jim is liable to Diane for defamation. c. Jim is liable to Diane for defamation unless he can show a legitimate reason for having to tell Lana about Diane's prison history. D. Jim is not liable to Diane for defamation.

D. Jim is not liable to Diane for defamation.

Ikerd was entering the United States from a trip abroad when the Customs Service confiscated some goods she had purchased and brought back with her. The determination of whether the government is attempting to take property and what type of hearing the Customs Service must off er Ikerd is an analysis of a. eminent domain. b. substantive due process. c. the Takings Clause. d. procedural due process.

D. procedural due process.

customer in a restaurant would be considered _______ to whom the restaurant owner owes a duty ________ a. a licensee; of strict liability b. a social guest; only to avoid intentionally injuring him. c. a licensee; to warn of known dangers. d. an invitee; of reasonable care.

_ a. a licensee; of strict liability