Legal Environment
Pick the term that can best be described as a delegation of congressional authority to area experts in particular fields.
Administrative agency
What is true of the process by which a bill becomes a law?
After a bill is introduced, it is sent to an appropriate committee in the chamber of Congress where the bill originated.
Why is arbitration usually much quicker than litigation?
Because an arbitrator does not have a backlog of cases when you poke and only spat
Which laws apply to a foreign subsidiary of a US company?
Both US laws and the laws of the country in which it operates
Pick the laws that govern a company based in the United States that conducts business in another country.
Both US laws and the laws of the foreign nation in which the business conducts its trade and commercial operations.
What are the awards of money damages to make the plaintiffs whole known as?
Compensatory damages
Pendent jurisdiction
Concept where federal courts will consider state law based claims when a case involves claims using both state and federal law. Claims based on federal laws will permit the federal court to take jurisdiction over the whole case, including any state issues raised
Marbury V. Madison
Established judicial review
Slander
False charges and malicious oral statements about someone
Name the form of larceny in which the rightful owner is tricked into giving up his title to his or her property
False pretenses
What is the first level of court in the federal judicial system?
Federal district court
What makes the US Supreme Court the most powerful judicial body in the world?
Judicial review
Identify the term used to describe the wrongful taking and carrying away of the personal property of another with intent to steal the same.
Larceny
The 1st amendment
freedom of speech "Congress shall make no law abridging the freedom of speech."
General jurisdiction courts
have broad subject matter jurisdiction and typically try felonies and have the power to sentence to state prison
In tort theory what are the 2 kinds of causes that a plaintive must prove?
1. Actual cause(causation in fact) 2. Proximate cause
What are the two common forms of compensation that are awarded in tort cases?
1. Compensatory (non-taxable) 2. Punitive damages-aka exemplary damages.(taxable)
The 4 elements of negligence
1. Duty 2. Breach 3. Causation 4. Damages
The 5 legal basics of entrepreneurs
1. Entity structure (Inc. LLC 2. Legal compliance (license, certificate, permits 3. Intellectual property 4. Business contracts (written) 5. Legal disputes-dependent upon the first 4 basics.
How many levels does the federal judicial system consist of?
3 levels
The Supremacy Clause of the Constitution
1. State courts must honor federal law where state laws are in conflict with federal laws. 2. Claims arising under federal statutes can often be tried in the state courts, where the Constitution or Congress has not explicitly required the only federal courts can hear that kind of claim. 3. Under the full faith and credit clause, each state court is obligated to respect the final judgment of courts in other States. 4. State courts often must consider the laws of other States in deciding cases involving issueswere 2 States have an interest- Under these circumstances, state judges will consult their own state's case decisions involving conflicts of laws and sometimes decide they must apply another state's laws to decide the case.
What are the 4 types of right of privacy
1. The right to control the appropriation of your name and picture for commercial purposes. 2. The right to be free of intrusion on your personal space or seclusion. 3. Freedom from public disclosure of embarrassing and intimate facts of your personal life 4. The right not to be presented in a false light.
How many members does the House of Representatives have?
435
Free Exercise Clause
A First Amendment provision that prohibits government from interfering with the practice of religion.
Which law makes it a misdemeanor to use the name, portrait or picture of any person for advertising purposes or for the purpose of trade (business) without 1st obtaining written consent
A New York statute
What is most likely to be considered a case of embezzlement?
A bank teller who is entitled to temporary possession of cash in his drawer takes it home with him
Which of the following statements is true of the duty of due care?
A breach of the duty of due care can be established by the doctrine of negligence per se. Establishing a breech of the duty of due care where the defendant has violated a statute or municipal ordinance is eased considerably with the negligence per say doctrine common to all US state courts
prima facie case
A case in which the plaintiff has produced sufficient evidence of his or her claim that the case will be decided for the plaintiff unless the defendant produces evidence to rebut it.
Procedural due process
A category of due process that requires that the government give a person proper notice and hearing of the legal action before that person is deprived of his or her life, liberty, or property.
Which of the following is a proximate cause?
A cause that is foreseeable
Choice a forum clause
A clause in an international contract that designates which nation's court has jurisdiction to hear a case arising out of the contract
Choice of law clause
A contract provision that designates a certain state's law or country's law that will be applied in any dispute concerning nonperformance of the contract.
What is true of crimes as compared to torts?
A crime is an act against the people as a whole.
The US Department of Commerce Bureau of Industry and Security
Administers the Export Administration Regulations Regulates items that may have a dual commercial or military use commas such as computers and electronics
Natural rights
A distinct idea of fundamental ethics that to a cold in the 17th and 18th centuries. Proposes that individuals are naturally and undeniably endowed with rights to their own lives, their freedom, and to pursue happiness as they see fit.. This theory proposes that individuals may sort things out as they please as long as their decisions and actions don't interfere with the rights of others to do the same. Frequently understood as a theory of freedom maximi zation, the proposition is that your freedom is only limited by the freedoms others possess.
The federal judicial center
A federal agency dedicated to conducting research on judicial administration and providing judicial education.
Which of the following statements is true of a mediator.
A mediator facilitates the finding of common ground.
Which example illustrates an appropriation of name or likeness?
A person's picture being placed on a cereal Box as a model without consent.
Pick an action that is most likely to be considered a violation of the Free Exercise Clause.
A public prayer before a football game in a public school. A city that wishes to display a Christmas tree or nativity scene would be permitted to do so as part of a general holiday-themed cultural display that also included a menorah and Rudolph, while a public high school that wished to have a public prayer before a football game would be prohibited.
What is a political entity that governs the affairs of its own territory without being subjected to an outside authority known as?
A sovereign state
Which of the following statements is true of perjury?
A statement, though true, can be considered perjury if the maker of it believes it to be false. To support a charge of perjury, however, the false statement must be "material", meaning that the statement is relevant to whatever the court is trying to find out
How can civil law be best defined?
A system of law in which only the legislature creates law. A system of law which was developed in continental Europe, were judges do not have the power to create law through interpretation.
The right of privacy
A type of law that protects a person mentally and emotionally; prevents intrusion upon a person's seclusion, giving a person an unreasonable amount of publicity, or placing a person in a false light
Which can be considered an example of direct evidence?
A witness testifying that the defendant was seen shooting the victim in a murder case.
Libel
A written defamation of a person's character, reputation, business, or property rights.
Which of the following statements is true of negligence?
Accidents caused by negligence are actionable.
Identify the cause of negligence that can be found if the connection between the defendant's act in the plaintiff's injuries passes the "but for" test
Actual cause
Which the following is a tort of negligence?
Actual damage or loss
Judicial Review
Allows the court to determine the constitutionality of laws
What is the characteristic of civil liberties
Although the wordings of specific amendments on civil liberties state otherwise, they are not absolute. There are no absolute civil rights, in spite of the wordings of any specific amendment. While the Constitution sets up a system of government based on principles of representative democracy, the Bill of Rights exist to protect the minority, not the majority. The extent of our civil liberties protections vary from time to time. Major portions of the Bill of Rights apply equally to the states as they do the federal government.
Jurisdiction
An area where power may be exercised
An employer denies employment based solely on race. What can such an act be interpreted as?
An illegal act
writ of certiorari
An order by a higher court directing a lower court to send up a case for review Pertains to a relatively small class of cases-those in which federal constitutional claims are made
Identify the correct statement with regard to defamation
Any living person is capable of being defamed, but the dead are not.
Select the alternative solution to solving disputes using a private decision maker that has relatively more relaxed rules of procedure compared to those in the court Room.
Arbitration
Which the following statements is true of arbitration?
Arbitration is a type of adjudication
Choose the common rule of exculpation
Assumption of risk
Identify a similarity between that U.N. Convention on Contracts for the International Sale of Goods (CISG) and the Uniform Commercial Code (UCC)
Both provide gap-fillers for terms not expressly stated in the contract
For which incidents to people seek redress at a general jurisdiction court?
Breaches of contract They also prosecute those accused of murder, great, robbery, and other serious crimes.
What type of cases do courts in general jurisdiction hear most often
Cases involving family matters
Which type of liberty is not absolute, despite the wordings of the related amendments?
Civil
Choose the system of law in which only the legislature creates law.
Civil law
Pick the law in the US that governs lawsuits, as opposed to prosecutions, over tort claims.
Civil law
Pendent jurisdiction
Claims based on federal laws will permit the federal court to take jurisdiction over the whole case, including any state issues raised.
Establishment clause
Clause in the First Amendment that says the government may not establish an official religion.
Commercial speech
Communication in the form of advertising. It can be restricted more than many other types of speech but has been receiving increased protection from the Supreme Court.
A car driver does not wear a seat belt and his injured in a collision with another car. Damages are divided equally between them since it was proved by the defendant that the injuries could have been less if the car driver were wearing his seat belt. Which type of excuse did the defendant employ?
Comparative negligence
In the case when a pedestrian was hit by a fast moving car, the judge reduced the compensation to be awarded to the victim because the defendant was able to prove that the pedestrian did not look before crossing the street. Which excused was proved in this case?
Comparative negligence
Who creates administrative agencies at the federal level?
Congress
The Anti-Trust Improvements Act of 1976
Congress authorized state attorneys general to file anti-trust it in federal court for damages on behalf of their citizens. (known as parens patriae claim)
The basic ethical norms for promise keeping and not harming others are given in which part of civil law?
Contracts and torts
Kathy, a nine-year-old-girl, was cycling down the street when she got hit by a speeding car. She suffered multiple injuries due to the accident. The defendant was able to completely avoid liability since he was able to prove that she was in danger of being run down due to her young age. Which type of excuse was proved in this case?
Contributory negligence
Intermediate appellate courts
Courts which hear appeals from courts with general jurisdiction in which a party believes they didn't receive a fair trial in the lower court or that the judge didn't properly interpret the law. Usually composed of a panel of 3 judges and are situated in various locations around the state
What is the term used to describe injury to a person's good name or reputation?
Defamation
Which function does appellate state courts perform?
Determining whether the trial was conducted in a procedurally correct manner.
John defies the "formal work wear only" dress code at his workplace by wearing tight jeans to the office, despite repeated warnings by his manager. What action is most likely to be taken by his manager, solely on the basis of his inappropriate attire?
Disciplinary action may be taken
Choose the doctrine that states that an act of the defendant that violates a statute regulation or ordinance can be used to establish a breach of the duty of due care.
Doctrine of negligence per se
Which doctrine allows a plaintive to use the act of the defendant that violates a statute regulation or ordinance to establish a breach of the duty of due care?
Doctrine of negligence per se
nolo contendere (no contest)
Does not admit guilt but convicted as though guilty through plea
What is the true statement about state courts?
Each state court is bound by the need to respect the final judgments of courts in other States. This falls under the full faith and credit clause
Choose the true statement about state courts
Each state court is obligated to respect the final judgments of courts in other states.
Name the form of larceny in which the thief gains possession or ownership without any consent of the owner or custodian of the property.
Embezzlement
What is an obvious challenge to the laws created in horizontal power structures that lie outside any legitimate law making authority?
Enforcement of violations
The Interstate Commerce Act of 1877
Established the ICC (Interstate Commerce Commission) the first federaladministration agency- monitors the business operation of carriers transporting goods and people between states - created to regulate railroad prices
Rule of law
Establishes rules that people - and businesses - must follow to avoid being penalized.
Which of the following is an example of circumstantial evidence?
Evidence of finger prints in the scene of the robbery Circumstantial evidence is evidence that is not direct but that provides judges and juries with facts that tend to show legal liability.
Name a type of law that is applied retroactively to things that occurred before its passage.
Ex post facto law
The U.S. Constitution created the structure of the federal government to include which of the following branches?
Executive, legislative, and judicial
Which of the following does the U.S. Constitution and its amendments NOT contain?
Expansive power granted to the federal government
Select the term that can be best described as the controls that prohibit or restrict the transport of certain types of products to another country.
Export controls
Which of the following policies promotes total life-cycle environmental improvements of product systems by extending the accountabilities of the manufacturer products to various parts of the product's lifecycle and especially to the take back and final disposal of the product?
Extended producer responsibility
Under common law, what term is used to describe the wrongful collection of money or something else of value by anyone by means of a threat?
Extortion
What is the dynamic power sharing between the state and federal governments known asked?
Federalism
Pick the amendment under which speech advocating the overthrow of a government deserves extraordinary protection.
First Amendment
Substantive due process
Focuses on the content of government legislation itself. Generally speaking, government regulation is justified whenever the government can articulate a rational reason for the regulation. In certain categories, however, the government must articulate a compelling reason for the regulation. This is the case when the regulation affects a fundamental right, which is deeply rooted in American history and implicit in the concept of ordered liberty. ex. The right to vote, and the right to travel.
What is not a remedy for civil cases?
Forfeiture
Choose the fact about a proximate cause
Get mandates that injuries to the plaintiffs are also foreseeable, or not "too remote," for the defendant's act to create liability.
What are the primary goals of rule of law systems?
Governing conflict in attaining peace among the governed. It establishes rules that people - and businesses - must follow to avoid being penalized. Should dispute arise, it provides a peaceful and predictable means by which those disputes can be resolved.
Which structure of law Duke International laws follow?
Horizontal
When can people only get a trial if the government waives its sovereign immunity and allows suits?
If people sue their state or federal government
A bill has been introduced in Congress through the Senate and sent to the appropriate committee in the chamber of the Congress where the bill originated. According to the law, what is the next step?
If the committee approves the bill, it is sent back to the senate for a vote.
How does the torch standard of willful conduct allow a plaintive to recover damages?
If the defendant intentionally injures another,there is little argument about tort liability. Thus all crimes resulting in injury to person or property (murder, assault, arson, etc.) are also torts, and the plaintiff may bring a separate lawsuit to recover damages for injuries to his person, family, or property.
In the context of theft, which of the following statements is true of receiving stolen property?
If the property is delivered to a place under the control of the receiver, then he is deemed to have received it.
Choose the correct statement about the common-law system
In a common-law system,when an appellate court hears cases and writes opinions, rules of law are created.
Which is a true statement about law and business environment?
In business, it is not enough to comport oneself and one's business ethnically.
How are civil cases different from criminal cases?
In civil cases, remedies are in the form of money damages or injunctions, whereas in criminal cases, remedies are in the form of fines or jail.
Which feature of mediation differentiates it from arbitration.
In mediation, the neutral party has no power to impose a decision.
Import controls
Include tariffs or import duties, quotas, export subsidies and informal controls.
What is true of the environmental policy decisions made by the United States?
Industry groups tend to take a risk tolerant position, while environmentalists take a risk aversion position, following the precautionary principle.
What should a plaintive prove to win a tort case?
Injury
Tortious interference
Intentional damage of another person's valid contractual relationship.
What are the 3 basic categories of torts
Intentional torts Negligent torts Strict liability torts
Choose the correct statement about torts
Intentional torts arise from intentional acts, whereas unintentional torts often result from carelessness.
Which of the following laws fit in the horizontal structure?
Internatonal law
Common Law
Is judge-made law It is a feature of most countries previously colonized by Great Britain, where it originated. It is an important source of law in those many areas that are reserved to the States to regulate. Ex. Police powers Property law(zoning regulations) Vice laws Domestic relations(laws relating to marriage and adoption)
Legal Reasoning (IRAC)
Issue, Rule, Analysis, Conclusion Used by attorneys to argue for a particular outcome in a case and by judges when rendering decisions
Theory of cultural or contextual relativism
It States that what's right and wrong only reflects what a particular person or community decides to believe at a certain moment, and little more.
Which of the following is true of the due process clause?
It advocates fundamental fairness and decency.
Choose the reason for the creation of an administrative agency.
It allows area experts to engage in limited law making within their particular per views.
Select the fact about Res Ipsa Loquitur
It creates a presumption in tort cases that the defendant was negligent because he or she was in exclusive control of the situation.
What is true about the fault dimensions of tort liability?
It focuses on injury to the plaintiff.
Which provision is established under Article II of the Constitution?
It gives the president the power to nominate judges with the advice and consent of the Senate
What is true of the Federal Trade Commission (FTC) Act?
It is a civil statute Its prohibitions are broadly worded.Its centerpiece yes section 5, which forbids "unfair methods of competition in commerce, and unfair or deceptive acts or practices in commerce."
Pick a true statement about assumption of risk
It is a common rule of exculpation in the law of torts
How can bribery be best defined
It is a crime of offering secret payment to another to get them to favor the payer of the amount, or his business organization.
Which of the following statements is true of assumption of risk?
It is a defense to a plaintiff's action in tort.
Choose the correct statement about judicial review
It is a power that rests with each of the more than 800 federal judges
What is true of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards to treaty?
It is a well-established United Nations treaty
Which is true of the Foreign Corrupt Practices Act (FCPA)
It is extremely rare to find a jurisdiction that legally permits grease payments.
What is true of the cost benefit analysis of the environmental and energy programs?
It is hard to quantify all the benefits.
What is true of larceny and embezzlement?
It is the act of gaining possession or ownership without any consent of the owner or custodian of the property
Choose the statement that best defines forgery
It is the act of making up a false document or the alteration of an existing one
Pick up true statement about the Judiciary
It is the only unelected branch of government.
Pick the correct statement about The Clean Air Act of 1970.
It lay emphasis on conventional air pollutants, which are the most easily measurable.
Dave is an employee at Walmart. He has a habit of leaning in to close to people when he talks to them. A few of his colleagues view this as a violation of social custom. Which of the following might result from his behavior?
It may result in negative professional consequences.
Which of the following is true of the Establishment Clause?
It prohibits the government from establishing a religion.
What is the purpose of the Convention on the Recognition and in force ment of The Foreign Arbitral Awards Treaty
It provides for the enforcement of arbitral awards. It is a well established United Nations treaty.
State Supreme Court
It reviews decisions of appeals courts and is responsible for supervising all courts in the state. Composed of a single panel of between 5 and 9 judges and is usually located in the state capital
What is true of a proximate cause?
It should be shown along with the actual cause It should be shown along with the actual cause, so that an act of the defendant will not result in liability if the consequences of the negligent act are too remote or unforeseeable. It is also sometimes called the legal cause
Which of the following is FALSE about the rule of law?
It supports preserving the political independence of a nation. It provides guidance and direction in every area of business. In addition, it restrains government and others from infringing on property rights. Additionally, in the United States it provides a sophisticated system of federalism so state and federal laws coexist
Pick the statement that is true about the Federal Trade Commission (FTC) Act.
Its centerpiece is Section 5, which forbids unfair methods of competition in commerce.
Full faith and credit clause
Its state court is obligated to respect the final judgments of courts in other states.
James brands a red light and injures a pedestrian. What will be true of the scenario?
James is negligent per se and the pedestrian does not have to prove that James's act was negligent. Establishing a breach of the duty of due care where the defendant has violated a statute or municipal ordinance is eased considerably with the doctrine of negligence per se.
Pick the law that requires people to behave with due regard for the foreseeable consequences of their actions in order to avoid unreasonable risks of injury.
Law of negligence
Select the secondary source of law from the given options.
Law review Other sources include: Restatements of law Journal articles Uniform codes treatises These sources are created by legal scholars rather than by a recognized, legitimate law-creating authority.
What's the difference between laws and ethics?
Laws are enforceable, ethics are not. Legal rules are frequently cleaner and more direct Laws result from the votes of legislators, the interpretation of judges, and the understanding of a policeman on the scene. Ethical conclusions result from applied values and arguments that guide decisions.
vice laws
Laws targeted at regulating or prohibiting vice activities or businesses engaged in vice activities, such as gambling, prostitution, the consumption of alcohol, and pornography.
Which of the following powers is allocated to Congress by article one of the Constitution?
Legislative power
In most large urban States and many smaller States, there are 4 and sometimes 5 levels of courts. Which among them is the lowest level?
Limited jurisdiction courts
Which is permitted for US companies involved in International business?
Making grease payments that are legal in the local government where the payments occur.
trial de novo
May take place when a party is dissatisfied with a decision made by a judge in a specialized court. It is not an appeal, since the case essentially starts over.
Identified the dispute resolution technique in which the neutral party has no power to impose a decision.
Mediation
What does the New York statute consider the act of using the name, portrait, or picture of any person for advertising purposes or for the purposes of trade business without 1st obtaining written consent
Misdemeanor
What does the person commit if he or she receives property that is comparatively less valuable from another person knowing that it has been stolen?
Misdemeanor
Punitive damages
Money damages that may be awarded to a plaintiff to punish the defendant and deter future similar conduct.
What's the difference between ethics and morals?
Morality is the rules; ethics is the making of rules.
What term can best be described as a direct rule that people ought to follow?
Morals
Specialized state courts
Most States have specialized courts that hear only a certain type of case, such as landlord - tenant disputes or probate of wills.
Identify a consequence of ignoring social customs.
Negative professional or social repercussions
What is the most extreme consequence that could result from Ricardo leaving no tip at a local restaurant?
Negative social or professional consequences
Which term describes a breach of the duty of due care?
Negligence
Which tort is based on the 4 elements of the duty of care that the defendant had, the breach of the duty of due care, connection between cause and injury, and actual damage or loss?
Negligence
Which of the following is the most obvious type of tort liability?
Negligent exposure to toxic pollutants.
Which is a common result of ignoring social customs?
Pain of embarrassment
Mary tries to avoid violating social norms. Which could be a reason for this?
Pain of ostracism
Which statement is true about social customs?
People may generally decide whether or not to conform to them.
Identify the term used to describe the crime of giving a false oath orally in a judicial proceeding
Perjury
Select the power that is primarily exercised by States to protect and promote the public order, health, safety, morals, and general welfare.
Police power
Which of the following is true of common laws?
Police power Police powers are the general power of States to regulate the health, safety, and general welfare of the public. Common law is an important source of law in those many areas that are reserved to the States to regulate.
Which of the following requires that before a government can move to take away life, liberty, or property, the defendant is entitled to at least adequate notice, a hearing, and a neutral judge?
Procedural due process
The US Department of State International Traffic in Arms Regulation
Prohibits certain types of trade, such as the and license to export of weaponry and certain chemicals
Choose the cause that should be shown along with the actual cause so that an act of the defendant will not result in liability if the consequences of the negligent act are to remote or unforeseeable.
Proximate cause
Which term is used to describe a fictitious person "of ordinary prudence" that acts as a model for juries to compare defendants with in assessing whether those defendants have acted negligently?
Reasonable man
Fault dimension (of tort principles)
Requires a wrongful act by a defendant for the plaint of to recover. The offending party does not need to intent a harmful result from his action. In tort law, and innocent act or a relative late innocent one may still provide the basis for liability.
Which legal rule holds an employer responsible for the negligence of his employees that they were acting in the scope of employment?
Respondeat superior
Which statement is NOT true of vicarious liability?
Respondeat superior is limited to employment relationship.
Pick the statement that is correct about bribery
Riding a state public official is generally a criminal offense, both for the broad payer and the official accepting the bribe.
Under which classification is "the right not to be presented in a false light" categorized?
Right to privacy
Which is a form of larceny
Robbery
Which of the following is true about alternative methods of resolving disputes?
Saying that arbitration is favored means that if a party has agreed to arbitration, the party can not go to court if the other party wants to arbitrate.
What is the difference between the Clayton Act and the Sherman Act?
Section 7 of the Clayton Act prohibits acquisition of the stock of competing corporations, whereas section 2 of the Sherman Act prohibits monopolization.
Select the idea that courts hold in relation to civil rights and business entities.
Several of the civil rights also apply to business entities because business entities also have some characteristics of being a "person."
Identify the limited jurisdiction court that has the advantage of having informal procedures in is often located in a neighborhood outside the business district.
Small claims court
Which is a limited jurisdiction court?
Small claims court
What prevents Amanda from questioning her colleague, Steven, about his annual income?
Social norms
Choose from the following the 2 types of rules and our society
Social norms and laws
Speech that is not afforded protection under the First Amendment
Speech that incites a panic Defamation Lible (actionable tort) Slander(actionable tort) Obscene speech
What is a fact about state courts?
State courts must honor federal law where state laws are in conflict with federal laws.
Which of the following should be done with state laws are in conflict with federal laws?
State courts must honor federal law.
prior restraint
States that attempts to shut down speech before it is uttered are considered unconstitutional This even applies obscene and defamatory speech
Which of the following focuses on the content of government legislation itself?
Substantival due process Substante due process focuses on the content of government legislation itself. It is the 2nd component of the due process clause.
Which clause is often used as a general basis for any lawsuit challenging government procedures or laws that affect an individual's or company's the civil liberties?
Substantive due process
The US Department of Commerce's International Trade Administration
Supports US exports and competitiveness abroad
Which of the following statements is true of defamation?
That a person did not intend to defame is ordinarily no excuse.
Which agency manages day-to-day responsibilities for the federal court system?
The Administrative Office of the United States Courts
What are the 1st ten amendments to the U.S. Constitution referred to as?
The Bill of Rights
Choose the act that was in enacted to plug the loopholes in the Sherman Act.
The Clayton Act
Which act is violated if the US companies agree to fix the price of goods to be shipped abroad?
The Clayton Act
Which act outlawed price discrimination, exclusive dealing and tying contracts, acquisition of a company's competitors, and interlocking directorates?
The Clayton Act (1914)
In the contacts of right of privacy, which of the following has been discerned by courts and commentators.
The right to control the appropriation of one's name for commercial purposes
The First Amendment prohibits the government from restricting the free practice of religion. What is this known as?
The Free Exercise Clause
The population numbers from the census taken every 10 years determine how many seats each state receives in which of the following?
The House of Representatives
Which of the following statements proves that although the 3 branches of government are coequal, in reality they are very different?
The Judiciary is the only unelected branch of government.
In reality, the 3 branches of government are not coequal. Pick the statement that strengthens the assertion that the Judiciary is different from the other branches.
The Judiciary is unelected and works in relative anonymity.
Which protocol set binding targets for 37 industrialized countries and the European community for reducing GHG emissions over a 5 year period from 2008 to 2012
The Kyoto protocol Adopted in 1997 by world leaders to address the issue of global carbon dioxide emissions.
Select the act that is one of the additional federal statutes adopted as an amendment to the Clayton Act
The Robinson-Patman Act
Which federal statute was adopted as an amendment to the Clayton Act?
The Robinson-Patman Act Enacted in the midst of the Depression in 1936, it prohibits various forms of price discrimination.
Which act is violated if a non-US citizen's anticompetitive activities are aimed at the US market, even if the citizen has never set foot in the United States?
The Sherman Act
Munn v. Illinois (1877)
The Supreme Court ruled that an Illinois law that put a ceiling on warehousing rates for grain was a constitutional exercise of the State's power to regulate business. It said that the Interstate Commerce Commission could regulate prices.
What is also known as the supreme law of the land?
The U.S. Constitution
If Hons, a business person owning an enterprise in Vermont, wanted to appeal against the district court judge's ruling on a personal injury case, which court should he approach?
The US Court of Appeals for the Second Circuit.
Technozyn Corp., a genetic engineering company, failed to win exclusive rights to a novel DNA printing technique while fighting against a rival firm. Technozyn wants to appeal at a higher court. Where should it go?
The US Court of Customs and Patent Appeals ( One of several specialized courts in the federal judicial system)
Which body maintains of list of persons, businesses, and entities with which US citizens are forbidden from conducting business?
The US Department of the Treasury office of Foreign Assets Control Also regulates and enforces trade sanctions
Which of the following was established by Congress to establish common guidelines and criminal prison terms?
The United States Sentencing Commission
Which of the following was created by the General Agreement on Tariffs and Trade (GATT) that addresses trade between nations, including dispute resolution?
The World Trade Organization
Consent decree
The accused party, without admitting guilt, agrees to stop the alleged activity if
Which of the following statements is true of extortion?
The blackmail threat this commonly to expose some fact of the victim's private life.
Choose the correct statement regarding the chief Justice in the US Supreme Court
The chief Justice oversees the overall operation of the federal courts and represents the courts to the other branches of government.
Identify the true statement about the chief justice's role in judicial administration
The chief Justice releases an annual report on the Judiciary
Select the court that oversees the work of district courts in several States in the United States
The circuit court of appeals
A cleaner fails to place a wet floor sign, as a result of which a customer slips and breaks her hip bone. In this case, which is true?
The customer can Sue the restaurant for breach of duty of care using the reasonable man standard
Which of the following is true of civil cases?
The dependent must answer or lose by default.
Which branch of the US government is responsible for executing a federal court's decision?
The executive branch
Which branch of the US government serves as a check on the Judiciary by being the primary means of enforcing judicial decisions?
The executive branch
Pick the correct statement about general jurisdiction courts
The fact finder in general jurisdiction courts is a jury of citizens.
Which is the correct statement about the rule of damages?
The fear that a plantiff might be injured in the future is not sufficient basis for a suit.
The administrative office of the United States courts
The federal agency responsible for collecting court statistics, administering the federal courts' budget, and performing many other administrative and programmatic functions, under the direction and supervision of the Judicial Conference of the United States.
In the context the federal judicial system, cases from the district courts can be appealed to which court?
The federal judicial circuits
Which statement about the federal judicial system is correct?
The federal judicial system is uniform throughout the United States
Which the following statements is true of federal district courts?
The federal judicial system is uniform throughout the United States and consists of 3 levels
Which of the following is true in case of forgery?
The forged instrument itself must be false, not merely contain a falsehood
Name the courts that are usually called courts of appeal
The intermediate appellate courts
The clean air act of 1970
The law aimed at combating air pollution, by charging the EPA with protecting and improving the quality of the nation's air.
In the dimension of tort, what is a fact related to excuses
The law does not condemn every act that ultimately results in injury.
Which of the following statements is true of the law of negligence?
The law of negligence is implemented to avoid unreasonable risks of injury
Which of the following statements is true of invasion of privacy
The legal formulation of right of privacy is still evolving
What government branch sets laws in the form of statutory law in the United States?
The legislative branch
Who creates statutes in the United States?
The legislative branch
Incorporation
The limitations on government behavior in the bill of rights were extended to apply to the States as well. While many portions of the bill of rights applies to the States come up not all of it does. There is no requirement comic for example that stage use a grand jury system to it died criminals. There is also no requirement that state to provide juries in civil trials
Which of the following statements is true of mediation?
The mediator attempts to help the parties negotiate a solution.
Which of the following is true about the dimensions of tort liability?
The most obvious standard for a case of tort is willful conduct. If the defendant intentionally injures another, there is little argument about tort liability.
Which is NOT affected by the use of The choice of law clause in contracts?
The official language of the contract
The judicial conference of the United States
The policy-making entity for the federal court system. A 27-judge body whose presiding officer is the Chief Justice of the United States.
What is true of the power granted to the federal government by the U.S. Constitution?
The power granted to the federal government created by the U.S. Constitution was expressly limited.
Pick the statement that accurately describes judicial review
The power of the courts to declare legislative or executive acts unlawful
Why does a judicial review not give rise to judicial tyranny
The president and the Congress can check the Judiciary by various means
A bill introduced in Congress was passed by the Senate as well as the House of Representatives. However, if the bill becomes law, it has the potential to cause harm to certain sections of sociey. How can the bill be stopped?
The president can veto the bill
stare decisis (let the decision stand)
The principle that courts should follow precedents.
Which of the following is true about limited jurisdiction courts?
The procedures for small claims courts are informal.
In the context of negligence, which of the following statements is true of "standard of care"?
The reasonable man is a fictiious person of ordinary prudence.
Which of the following scenarios best describes the reasonable man?
The reasonable man never violates the traffic rules and stays within the speed limits.
Which concept imposes hindsight on the decisions and actions of people in society?
The reasonable man standard
What is the exception to the US government engageing in censorship
The use of public airways to carry transmissions by broadcast radio and television The government, through the FCC, can regulate indecent material when vulnerable listeners, such as children, may be listening.
Identify the correct statement about compensatory damages.
There are expressed in monetary terms which may include: 1. Replacement of property destroyed 2. Compensation for lost wages 3. Reimbursement for medical expenses. 4. Dollars that are supposed to approximate the pain that has suffered.
Which of the following statements is true of jurisdiction courts
These are usually county or municipal courts with original jurisdiction to hear minor criminal cases and civil cases involving monetary amounts up to a fixed ceiling.
What is the nature of contracts created between parties from different nations?
These contracts are horizontal in nature, much like a treaty They are also subject to a vertical legal structure, because the parties to the contract will have chosen which laws will apply to resolve disputes arising under the contract
Which is a true statement about white collar crimes?
These crimes referred to fraud-related non-violent acts, usually connected with business.
Which is likely to be a primary aim of businesses?
They aim at minimizing liability exposure
Which of the following statements is true of punitive damages?
They are allowable only in aggravated situations.
Which statement is correct about the enforcement of the Sherman and Clayton Acts in International trade?
They are applied when a company's anti-competition activities affect the US trade and commerce.
Which of the following is true about statutes?
They are created by legislative bodies
Identify the true statement about administrative agencies.
They are mostly created by the legislature.
Which of the following is NOT true about administrative agency orders?
They are not a source of law
What is the function of the appellate state courts
They determine whether the appropriate law was applied
Pick the attribute of precedence.
They may be entirely overturned, though that is rare. Precedents created by one jurisdiction are not binding in other jurisdictions
What is the fact about general jurisdiction courts?
They prosecute those accused of serious crimes.
Choose the feature of intermediate appellate courts
They usually do not retry the evidence that was produced in lower courts.
State laws may not conflict with federal laws, including the U.S. constitution. Why?
This is because the U.S. Constitution is the supreme law of the land.
What was the reason behind the formation of the Sherman Anti-Trust Act of 1890?
To Grant the federal government the power to enforce a national policy against monopoly and restraints of trade.
What is the primary purpose of the US Department of Homeland Security Customs and Border Protection Agency?
To administer and regulate import controls For example, it inspects imports to classify them to establish their tariff schedule
Why was diversity jurisdiction established by the Constitution?
To avoid hostility shown by local courts towards people from other States
Select the correct statement about perjury
To be perjury the oath must have been made correctly
Why did the Federal Communications Commission and forced the fleeting expletives rule?
To limit exclamations of profanity during broadcasts
What is the purpose of Circuit courts of appeal
To oversee the work of the district courts in several States. Cases from the district courts can be appealed to the circuit courts of appeal, of which there are 13. Each circuit oversees the work of the district courts in several States
What is the purpose of the Negligence standard?
To protect others against the risk of injury that foreseeably would ensue from unreasonably dangerous conduct.
Why is the negligence standard established?
To protect others against the risk of injury that foreseeably would ensue from unreasonably dangerous conduct.
What is the purpose of a civil case?
To settle a dispute peacefully
Ace Inc., an American manufacturing company, signs a contract with a supplier, Pro Corp. Wherein only a certain standard of materials can be provided to Ace. Pro Corp. Sources all its materials from Aero Inc. The executives at Aero convince Pro Corp to purchase a slightly lower grade of material by offering a good discount, despite their knowledge of the contract. What is Aeros conduct known as?
Tortious inducement of breach of contract
A cloth manufacturing company in the United States was unable to meet its contractual obligation of delivering batches to a garment export company on time. This happened because it was not supplied with raw material by its vendor. This vendor was paid by a rival garment export company to freeze its shipments. What is the conduct of the rival garment export company known as?
Tortious interference of contract Can occur where the party who has committed the tort convinces a party to breached the contract against the plaintive, or where the party who has committed the tort disrupts the ability of one party to perform his obligations under the contract, thereby preventing the plaintiff from receiving the performance promised
Select the correct statement about torts.
Torts are different from crimes
In which case are people least likely to seek redress in a general jurisdiction court?
Traffic offenses
Which of the following is a primary source of law?
Treaties In the United States law comes primary from the US constitution and the state constitution. Executive orders and treaties are also important sources of law. These are all primary sources of law.
Choose the secondary sources of law from the given options.
Treatises and uniform codes
Which of the following statements is true of excuses in negligence cases?
Under the old common-law rule, it was a complete defense to show that the plaintiff in a negligence suit was himself negligent
Assult
Unlawful threat or attempt to do bodily injury to another
Choose the statement that is true of violations of law.
Violating the law carries penalties such as liability.
Bring out the difference between the Clayton Act and the Sherman Act.
Violations of the Clayton Act require merely a probable adverse impact on the competition, whereas violations of the Sherman Act require an actual adverse impact. Section 7 of the Clayton Act prohibits acquisition of the stock of competing corporations Section 2 of the Sherman Act prohibits monopolization
Pick an instance in which the Sherman and Clayton Acts are most likely to be applicable.
When a company's anti competitive activities affect U.S. Commerce
Dumping
When a foreign producer exports products to sell at prices less then its costs of manufacturing
Choose the instance in which appropriation of name occurs.
When a person uses a picture of another person for advertising purposes without his or her consent.
When my a strict liability tort arise?
When defective products create unreasonable risk of injury to consumers.
What question does the doctrine of proximate cause answer?
When is the cause of an accident too remote to create liability to an injured party?
Identify the case of tortious interference of contract
When the party who has committed the tort disrupts the ability of one party to perform his obligations under the contract.
In which of the following cases is the law most likely to allow an exception to the general rule that damages must be shown to prove a tort?
When the plaintive stands in danger of immediate injury from a hazardous activity.
Federal question jurisdiction
Where federal law provided the basis for the lawsuit or where the United States was a party (as plaintiff or defendant.)
Federal question jurisdiction
Where federal law provided the basis for the lawsuit or where the United States was a party (as plaintive or defendant.)
Which is the term that is used to describe any illegal act committed by non violent means to obtain a personal or business advantage?
White collar crime
e-waste
discarded electronic equipment such as computers, cell phones, television sets, etc.
Intentional tort law
involves harming someone else on purpose
Symbolic speech
nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
Tortfeasor
one who commits a tort (defendant)
Subsidized imports
products produced overseas for which a government has provided financial assistance for the production
What are the laws made by administrative agencies referred to as?
rules or regulations
US Court of Appeals for the Federal Circuit
the federal court created in 1982 to judge patent lawsuits
Celler-Kefauver Act
the federal law of 1950 that amended the Clayton Act by prohibiting the acquisition of the assets of one firm by another firm when the effect would be less competition
parens patriae
the state as parent; the state as guardian and protector of all citizens (such as juveniles) who cannot protect themselves
Intelligent design
the theory that life, or the universe, cannot have arisen by chance and was designed and created by some intelligent entity.
Factors that choices/decisions are based on
• Ethics • Morals • The law • Prudence (practicality) • Religion • Authority figures • Peer pressure • Custom • Conscience
General jurisdiction courts go by a variety of names such as?
• Superior court • Circuit court • District court • Common pleas court ( New York calls its general trial court the Supreme Court).
