Unit 1 MindTap questions
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? a. secondary level scrutiny b. strict scrutiny c. rational basis d. intermediate scrutiny
d. intermediate scrutiny
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? a. claim b. complaint c. motion d. pleading
d. pleading
What is the lowest level of review by a court to determine whether a government action unconstitutionally infringes on protected rights? a. legitimate interest review b. intermediate scrutiny c. strict scrutiny d. rational basis review
d. rational basis review
Joan's lawyer, Albert, feels pretty good about the chances of winning Joan's case. He has found a case directly on point, which means it has the same issue and very similar facts. If the court follows the decision in the case Albert found, then Joan will win her case. Albert argues Joan's case to the trial court, and the trial court decides for Joan. The fact that the trial court decided the case in Joan's favor is an example of: a. precedent. b. common law. c. persuasive authority. d. stare decisis.
d. stare decisis.
Mary and Hanna, who are Tennessee residents, were traveling through Mississippi when they were involved in an automobile accident with Franco, who is a resident of Mississippi. Franco sues Mary, who was driving the car, in federal court in Mississippi and asks for $100,000 to reimburse him for his medical bills and lost wages. In deciding the case, what law will the federal district judge apply? a. either state law or federal law b. U.S. Supreme Court case law c. federal law d. state law
d. state law
The U.S. Constitution does which of the following? (Choose 3 answer choices) 1. It creates three branches of government. 2. It divides ruling authority between a state and the federal system. 3. It provides for the fundamental rights of citizens. 4. It lists the first ten statutes of the federal government.
1. It creates three branches of government. 2. It divides ruling authority between a state and the federal system. 3. It provides for the fundamental rights of citizens.
What is the role of an administrative law judge (ALJ)? a. An ALJ is selected by mutual agreement of the agency and the business involved. b. An ALJ has the final say on the decision in the case. c. An ALJ has no connection to the parties in the adjudication. d. An ALJ is an employee of the agency bringing the charges.
An ALJ is an employee of the agency bringing the charges.
Case analysis: Miriam Claude, a citizen of Florida, was walking along a busy street in Tallahassee, Florida, when a large crate flew off a passing truck and hit her, causing numerous injuries. She experienced a great deal of pain and suffering, incurred significant medical expenses, and could not work for six months. She wants to sue the trucking firm for $300,000 in damages.
Before any court can hear any dispute between Miriam and the trucking company, it must have ***jurisdiction** over the person or company against whom the suit is brought against or over the property involved in that lawsuit. In order for Miriam to sue the trucking firm, she has to file the lawsuit in a court that has in personam jurisdiction over the ***defendant*** . The firm's headquarters are in Georgia, although the company does business in Florida, so ***Georgia and Florida*** have in personam jurisdiction over the trucking firm. Miriam can sue the trucking firm in both Georgia and Florida state courts.
What factor should a plaintiff consider when deciding which interference tort applies to a situation? a. If the plaintiff and the defendant had signed a contract. b. If the defendant has formed a relationship with the third party. c. If the plaintiff had a contract with another party who breached the contract. d. If the defendant has signed a contract with the third party.
If the plaintiff had a contract with another party who breached the contract.
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. a. Negotiation b. Litigation c. Mediation d. Arbitration
Mediation, Negotiation
Federal courts have exclusive subject matter jurisdiction over which of the following? Choose 2 answer choices. 1.Probate 2.Patent/trademark/copyright cases 3.Bankruptcies 4.Divorces
Patent/trademark/copyright cases Bankruptcies
Who creates the substantive or statutory law applied by the International Court of Justice in cases before it? a)No one b)The United States c)The European Union d)The United Nations
a)No one
A court has personal jurisdiction over a party in which of the following circumstances? Choose 2 answer choices. 1. When the court has already established that the court has subject matter jurisdiction 2. When a party brings a case in its court 3. When the party lives within 250 miles of the court 4. When the party's property at issue in the case exists within the geographic boundaries of the authority of the court
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 cou
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? a)The legislature could impeach him/her. b)The legislature could pass a law eliminating the executive branch. c) The legislature could declare his/her order unconstitutional. d) The legislature has no authority to check the power of the executive.
a)The legislature could impeach him/her.
Judge Jasper and his friend, Judge Judy, were debating the philosophical theories of jurisprudence. Judge Jasper believes that law is just one of many institutions in society and that it is shaped by social forces and needs. Judge Jasper believes in the theory of jurisprudence called: a) legal realism. b) legal positivism. c) the natural law theory. d) the historical school of legal thought.
a) legal realism.
Which branch of government creates statutory law? a) legislative b) executive c) administrative d) judicial
a) legislative
Maverick Manufacturing creates dress slacks for men and women. Maverick's decides to expand its business by opening a new manufacturing plant in China to create slacks that will be sold in China as well as in the United States. Maverick will hire both American and Chinese employees to work in the plant. Maverick's upper management thinks that the same laws that protect U.S. employees should apply to the Chinese workers as well. Maverick's upper management subscribes to the: a) natural law school of legal thought. b) historical school of legal thought. c) legal positivism school of legal thought. d)legal realism school of legal thought.
a) natural law school of legal thought.
Which theory of jurisprudence holds that the written law of a government is the highest law? a) positivism b) naturalism c) legal realism d) historicalism
a) positivism
The idea that each person has intrinsic biases that impact their decisions is a component of which school of thought? a)Legal Realist School b)Natural Law c)Positivist School d) Historical School
a)Legal Realist School
Elton is a state representative for the North Dakota legislature. Recently, Elton and his colleagues in the legislature proposed a law that would increase the penalty drivers would have to pay if they pass a stopped school bus. The type of law that Elton and his colleagues will enact is known as: a)statutory law. b)an ordinance. c) common law. d) administrative law.
a)statutory law.
What situation would NOT be regulated by the federal government under the Commerce Clause? a. A state requiring lawyers practicing in the state to be licensed b. International trade of a small business operating in only one state. c. An individual seamstress who sells things online to customers around the country, but not outside of the U.S. d. A local farmer selling goods at a shop that draws many customers from farmers' markets in a neighboring state
a. A state requiring lawyers practicing in the state to be licensed
What are two types of challenges an attorney can make during voir dire? a. Challenge for cause b. Peremptory challenges c. Non obstante challenge d. Challenge for verdict
a. Challenge for cause b. Peremptory challenges
A restriction on commercial speech will be valid if it meets three criteria. What are they? Choose 3 answers. a. It must directly advance a government interest. b. It must not be financially detrimental to a company. c. It must not be overly restrictive to meet its objectives. d. It must seek to implement a substantial government interest.
a. It must directly advance a government interest. c. It must not be overly restrictive to meet its objectives. d. It must seek to implement a substantial government interest
Which of the following lists the steps of a trial in the correct chronological order from beginning to end? a. Jury selection, opening statements, plaintiff's case, defendant's case b. Defendant's case, Plaintiff's case, closing statements, jury instructions c. Opening statements, jury selection, plaintiff's case, closing statements d. Defendant's case, closing statements, verdict, jury instructions
a. Jury selection, opening statements, plaintiff's case, defendant's case
Substantive due process places which requirements on all governmental infringements of rights, whether those rights are fundamental or not? Choose 2 answer choices. a. Legislation must further a legitimate governmental objective. b. The government cannot infringe on any of the fundamental rights listed in the Bill of Rights. c. Legislation must be fair and reasonable in content. d. If the governmental action or law limits fundamental rights, the government must show an official and timely governmental interest to justify its action.
a. Legislation must further a legitimate governmental objective. c. Legislation must be fair and reasonable in content.
During the pandemic of 2020, the City of Mayberry passes an ordinance that requires all citizens to wear a face mask in public. Addison believes that the government cannot regulate his personal behavior and refuses to wear a mask; he says that forcing him to wear a mask violates his constitutional rights! A police officer stops Addison on the street and arrests him for violating the city ordinance. Can Addison successfully challenge the mask ordinance on constitutional grounds? a. No, requiring people to wear a face mask during a pandemic is a valid exercise of the state's police power. b. Yes, this ordinance violates a citizen's right to free speech. c. Yes, this ordinance violates a citizen's right to privacy. d. No, the federal government has the authority to regulate this kind of behavior, and the city police officer is acting as an agent of the federal government.
a. No, requiring people to wear a face mask during a pandemic is a valid exercise of the state's police power.
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? a. No, transgender employees are protected by the Equal Protection Clause and the Civil Rights Act of 1964. b. Yes, if a worker's gender identity will make customers uncomfortable. c. No, employers cannot terminate workers unless they fail to adequately perform job responsibilities. d. Yes, termination decisions are at the sole discretion of the employer.
a. No, transgender employees are protected by the Equal Protection Clause and the Civil Rights Act of 1964.
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. a. Rational Basis Test b. Strict Scrutiny c. Intermediate Scrutiny d. Minimal Scrutiny
a. Rational Basis Test d. Minimal Scrutiny
What business speech is protected by the First Amendment? a. Some types of advertising b. Some types of misleading speech c. Some types of defamatory speech d. Some types of threatening speech
a. Some types of advertising
The Administrative Procedure Act (APA) is the federal law that does which of the following? a. The APA sets out the rule-making process for administrative agencies. b. The APA requires that agencies conduct public hearings. c. The APA requires an economic impact statement for rules or regulations that impact small businesses. d. The APA requires Congress to review agency rules and regulations before they become final.
a. The APA sets out the rule-making process for administrative agencies.
What are the benefits of the exhaustion doctrine? a. The exhaustion doctrine requires resolution of disputes within the agency without involving the court system, except when necessary. b. The exhaustion doctrine provides a quick and easy path to the federal court system for appeals. c. The exhaustion doctrine ensures federal courts have increases in cases. d. The exhaustion doctrine allows for theoretical appeals.
a. The exhaustion doctrine requires resolution of disputes within the agency without involving the court system, except when necessary.
What authority does the federal government have under the Commerce Clause? Choose 2 answer choices. a. To regulate commerce on the national and local levels b. To regulate commerce between states only c. To regulate all commerce in the country d. To regulate international commerce
a. To regulate commerce on the national and local levels c. To regulate international commerce
When an agency needs to enforce the law or its regulations, it may exercise which of the following powers? Choose 3 answers. a. conduct a hearing to obtain a final order b. issue restraining orders c. issue a subpoena d. investigate complaints and possible violations of its regulations or the law
a. conduct a hearing to obtain a final order c. issue a subpoena d. investigate complaints and possible violations of its regulations or the law
Which of the following are sources of administrative law? Choose 3 answers. a. executive orders b. agency guidance c. agency opinions d. agency regulations
a. executive orders c. agency opinions d. agency regulations
What is the system of government called in which states form a union and share sovereign power with the central government of the union? a. federalism b. bureaucracy c. democracy d. republicanism
a. federalism
What are the three levels of scrutiny used by courts to determine the constitutionality of a government action? Choose 3 answers. a. intermediate scrutiny b. strict scrutiny c. factual basis review d. rational basis review
a. intermediate scrutiny b. strict scrutiny d. rational basis review
What type of speech does not receive First Amendment protections? Choose 3 answers. a. speech that incites lawlessness b. unpatriotic speech c. obscenity d. threats to the president of the United States
a. speech that incites lawlessness c. obscenity d. threats to the president of the United States
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: a. summary judgment. b. judgment on the pleadings. c. judgment as a matter of law. d. default judgment.
a. summary judgment.
To win a wrongful interference with a contract case, a plaintiff must prove which of the following elements? Choose 3 answer choices. a. the defendant knew a contract between the plaintiff and a third party existed. b. The plaintiff experienced injury or damages as a result of the defendant's actions. c. The defendant persuaded a third party not to sign a negotiated contract with the plaintiff. d. A valid contract existed between the plaintiff and a third party.
a. the defendant knew a contract between the plaintiff and a third party existed. b. The plaintiff experienced injury or damages as a result of the defendant's actions. d. A valid contract existed between the plaintiff and a third party.
Rhea, a 45-year-old supervisor in a women's retail clothing store, recently learned that a younger co-worker was promoted to a position she had applied for. Rhea has more experience and more time with the company and has always gotten excellent scores in her annual reviews. Rhea files an action with the Equal Employment Opportunity Commission (EEOC) for age discrimination. The Administrative Law Judge (ALJ) issues an order in favor of Rhea. This decision of the ALJ is: a. the final order in the case unless the store appeals. b. the final order in the case unless Rhea appeals. c. only a temporary order; there will always be a different final order. d. only a temporary order unless either party appeals.
a. the final order in the case unless the store appeals.
What is the process of interviewing prospective jurors and either approving of or challenging a person's impartiality toward service on a particular jury? a. voir dire b. de jure c. in personam d. corpus juris
a. voir dire
When the parties in a dispute present their arguments and evidence to a neutral third party who then renders a decision, it is called: a. negotiation. b. adjudication. c. mediation. d. arbitration.
arbitration.
The role of a mediator is to: a. hear the parties' dispute without an attorney. b. assist parties in a dispute in resolving their differences out of court. c. negotiate on behalf of one of the parties in a dispute. d. hear the complaints of the parties and render an out-of-court decision.
assist parties in a dispute in resolving their differences out of court.
Which of the following create federal statutes? a) Only the Senate b) Congress c) Only the House of Representatives d) Administrative Agencies
b) Congress
Which of the following is the supreme law of the land? a) Bill of Rights b) U.S. Constitution c) U.S. Supreme Court d) common law
b) U.S. Constitution
Legal realists would claim: a) only laws which are moral should be followed. b) it doesn't matter what the law says, but who enforces it. c) an unjust law is no law at all. d) the sovereign can never be wrong.
b) it doesn't matter what the law says, but who enforces it.
You participate in Black Lives Matter protests and have begun studying the issues raised about police officers. Your local protest group believes the budget of the local police department should be made public as well as the training manuals used to prepare recruits for the job. You and the group want this information to help assess the effectiveness of the police department. For example, is the money well spent? Is training appropriate? What law enables citizens to obtain information from the government about a subject of interest when a written request is made a. Privacy Act b. Freedom of Information Act c. The Administrative Procedure Act d. Enabling Legislation
b. Freedom of Information Act
What must a party do before appealing an agency action in the court system? Choose 2 answer choices. a. Must have some theoretical basis for the appeal. b. Must follow the agency appeal process. c. Must decide whether to sue in state or federal court. d. Must show direct harm.
b. Must follow the agency appeal process. d. Must show direct harm.
Esther is pulled over for crossing the yellow line with her automobile. The officer suspects Esther is intoxicated, so she administers a field sobriety test. Esther blows a .16 on the test, so the officer arrests Esther for DWI. Esther decides to fight the charge. Her defense is that she is an alcoholic, and the laws against driving while intoxicated unconstitutionally discriminate against her and other alcoholics. Does Esther have a valid defense to her DWI charge? a. Yes, she does because laws that regulate economic or social issues are presumed invalid, and the courts will apply intermediate scrutiny in evaluating whether such laws discriminate against people. b. No, she does not because laws that regulate economic or social issues are presumed valid, and the courts will apply minimum scrutiny in evaluating whether such laws discriminate against people. c. Yes, she does because laws that regulate economic or social issues are presumed invalid, and the courts will apply minimum scrutiny in evaluating whether such laws discriminate against people. d. No, she does not because laws that regulate economic or social issues are presumed valid, and the courts will apply intermediate scrutiny in evaluating whether such laws discriminate against people.
b. No, she does not because laws that regulate economic or social issues are presumed valid, and the courts will apply minimum scrutiny in evaluating whether such laws discriminate against people.
What restrictions on business speech are allowed by the First Amendment? Choose 2 answer choices. a. Business political contributions to a controversial candidate b. Some advertising venues for tobacco c. A billboard for a hotel on an urban highway d. Limitations on advertisements for alcohol
b. Some advertising venues for tobacco d. Limitations on advertisements for alcohol
Nevada passes a statute that any 18-wheel truck passing through Nevada must meet a Clean Fuel Fleet Exhaust Emission Standard of no more than 2.8 nitrous oxide (NOx). The federal statute requirement for such trucks is no more than 3.8 NOx. Carlton is driving his 18-wheeler cross-country to deliver a load and stops at a Nevada weigh station. The weigh station officer inspects Carlton's documents, notes that Carlton's truck has a 3.4 NOx emission level, and issues a citation. On what grounds might Carlton fight this citation? a. The federal statute preempts the state statute under the Full Faith and Credit Clause. b. The federal statute preempts the state statute under the Supremacy Clause. c. The state statute preempts the federal statute under the Full Faith and Credit Clause. d. The state statute preempts the federal statute under the Supremacy Clause.
b. The federal statute preempts the state statute under the Supremacy Clause.
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? a. The restaurant owner might try to sue you, but he would not be successful. b. The owner of the restaurant could sue you, and you may have to pay him money. c. The owner of the restaurant could sue you and you might have to apologize to him. d.Nothing would happen, other than extreme satisfaction for you.
b. The owner of the restaurant could sue you, and you may have to pay him money.
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: a. being designated as a civil or criminal law. b. becoming an act when signed by the president or state governor, or if vetoed, when the veto is overridden. c. being published in the state or federal code. d. being approved by the courts.
b. becoming an act when signed by the president or state governor, or if vetoed, when the veto is overridden.
Sanchez and Yan entered into a contract that required Sanchez to deliver twenty textbooks to Yan's bookstore every month by the 15th raised to the th power of the month. Six months after Sanchez and Yan entered into this contract, Sanchez breached the contract by not delivering the textbooks to Yan's bookstore. After Sanchez breached the contract, Yan sued Sanchez for her damages. Yan must choose the appropriate court in which to file her lawsuit. To do this, Yan needs to be sure the court has: a. subject matter jurisdiction, but not in personam jurisdiction, in the case. b. both subject matter and in personam jurisdiction in the case. c. in personam jurisdiction, but not subject matter jurisdiction, in the case. d. neither in personam jurisdiction nor subject matter jurisdiction in the case
b. both subject matter and in personam jurisdiction in the case.
The principle of stare decisis does which of the following? a. uses statutory law to guide judges to the right decision b. creates predictability in the legal system c. requires the fact pattern of the current case to be exactly like the fact pattern of the precedent d. ensures that no changes in the law ever take place
b. creates predictability in the legal system
If the U.S. Supreme Court determines that a state or federal law violates the U.S. Constitution, it may: a. require the legislature to amend the law. b. invalidate the law. c. modify the law. d. interpret the law.
b. invalidate the law.
A party may challenge a potential juror for cause if the party believes the potential juror: (Choose 3 answers.) a. is of a particular race. b. is biased. c. has prior knowledge of the facts of the lawsuit. d. is a friend or relative of one of the parties.
b. is biased. c. has prior knowledge of the facts of the lawsuit. d. is a friend or relative of one of the parties.
Which branch of government has the authority to enact law? a. administrative b. legislative c. executive d. judicial
b. legislative
Dion is head of the National Security Agency, a subagency of the Department of Defense. Dion has held the position for years and feels comfortable that he is secure in his position. However, after Dion holds a press conference where he directly contradicts a statement the president made, he receives a letter from the president removing him from his position. Dion objects to the firing, stating that he can only be removed from office "for good cause." If Dion sues for being wrongfully removed from office, he will: a. lose because only Congress can remove officers of executive federal agencies and only for good cause. b. lose because the president has the power to appoint and remove officers of executive federal agencies. c. win because Congress is the entity with the authority to remove officers of executive federal agencies. d. win because the president can only remove officers of executive federal agencies for good cause.
b. lose because the president has the power to appoint and remove officers of executive federal agencies.
f a trial court judge is deciding an issue that has never come before the court (a case of first impression), they: a. must wait until another judge creates precedent. b. may create new precedent. c. must decline to hear the matter. d. may ask an appellate court to decide the matter.
b. may create new precedent.
When a party wishes to excuse a potential juror without giving a reason, the party may exercise a: a. challenge for cause. b. peremptory challenge. c. personal challenge. d. challenge for fitness.
b. peremptory challenge.
What are the three steps of a civil trial? Choose 3 answers. a. jury selection b. presentation of testimony and evidence c. closing arguments d. opening arguments
b. presentation of testimony and evidence d. opening arguments c. closing arguments
Sofia works in the advertising department of Energy First, a company that manufactures a vitamin supplement that allegedly boosts a person's energy level. Sofia creates an advertisement for the product that states that Energy First has been clinically proven to boost energy levels when she knows that no such study has occurred. Can the government prevent Sofia from making such claims in her advertisements? a. Yes, commercial speech is even more protected under the First Amendment than individual speech. b. yes, the government has a substantial interest in protecting the health of the public, and the restriction on these claims advances that interest without going any further than necessary. c. No, the government cannot regulate free speech. d. No, the government cannot because in doing so, the government goes too far in restricting free speech.
b. yes, the government has a substantial interest in protecting the health of the public, and the restriction on these claims advances that interest without going any further than necessary.
In contrast to federal courts, state courts have what kind of jurisdiction? a. original b. diversity c. broad d. appallete
broad
The belief that as humans we are all entitled to certain fundamental rights is a component of which school of thought? a)Legal Realism b) Positivist School c) Natural Law d) Historical School
c) Natural Law
Mexico, the United States and Canada entered into the United States-Mexico-Canada Agreement (USMCA) in 2020. One provision of the USMCA prevents any party from passing laws that restrict the cross-border flow of data. Mexico passes a statute that restricts the cross-border flow of data from England. Is the Mexican statute a violation of the USMCA? a)Yes, the Mexican statute is a violation of the USMCA because it restricts the cross-border flow of data. b) No, the Mexican statute does not violate the USMCA because the statute has not been ratified by all the signatories to the USMCA. c) No, the Mexican statute is not a violation of the USMCA because England is not a signatory to the USMCA. d) Yes, the Mexican statute violates the USMCA because it restricts cross-border flow of data from Mexico.
c) No, the Mexican statute is not a violation of the USMCA because England is not a signatory to the USMCA.
Court orders may: (Select 2 answers) a) make certain behaviors unlawful. b) give a party a remedy without filing a claim. c) compel a party to do something. d) prohibit a party from doing something.
c) compel a party to do something. d) prohibit a party from doing something.
congress passes a law making it a crime to use marijuana. The judiciary can check the power of Congress by: a)impeaching senators. b)vetoing the law. c) declaring the law unconstitutional. d) making it constitutional to use marijuana.
c) declaring the law unconstitutional.
The U.S. Constitution impacts state sovereignty by requiring states to honor the public acts of another state through: a)ordinances. b)the commerce clause. c) full faith and credit. d) uniform laws.
c) full faith and credit.
Civil law: a) regulates moral duties as opposed to legal duties. b) punishes wrongdoers with monetary fines and prison. c) regulates the rights and duties between parties. d) regulates individuals behaviors which impact society as a whole.
c) regulates the rights and duties between parties.
As you begin studying business law, you become overwhelmed by the sheer volume of laws that can affect business. You dive in and begin the process of understanding where these laws come from; the first step in understanding how these laws apply to each other and how they apply to your business. You're looking at statutes that set out the penalties for forgery and learn that each state is free to make its own criminal laws that apply just to that state. Which branch of government do you think creates statutes? a) the attorney general b) administrative agencies c) the legislature d) the judiciary
c) the legislature
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? a)sovereign law b)king's law c)common law d)statutory law
c)common law
Which of the following statements explains the formation and purpose of a federal administrative agency? Choose 2 answers. a. A federal administrative agency is given its authority in the U.S. Constitution. b. As part of the executive branch, a federal administrative agency is formed by the president to establish regulations that will implement and enforce the law. c. An administrative agency is formed by enabling legislation that also provides the authority to establish regulations that will implement and enforce the law. d. Most federal administrative agencies are subject to the authority of the president, but some are independent.
c. An administrative agency is formed by enabling legislation that also provides the authority to establish regulations that will implement and enforce the law. d. Most federal administrative agencies are subject to the authority of the president, but some are independent.
Which of the following is a correct statement of federal preemption of state law under the Supremacy Clause? Choose 2 answers. a. 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. b. Federal law only preempts state law when Congress has expressly stated the preemption for the entire field. c. Federal environmental laws will always preempt a state's water pollution law for its state parks. d. A state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field.
c. Federal environmental laws will always preempt a state's water pollution law for its state parks. d. A state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field.
What is preemption in the Supremacy Clause? a. State law that does not conflict with federal law preempts federal law. b. Federal law cannot preempt certain areas of state law as delineated in the Supremacy Clause. c. Federal law is supreme over state law. d. Preemption is not addressed in the Supremacy Clause. It is addressed in other areas of the U.S. Constitution.
c. Federal law is supreme over state law.
Under the common law, which of the following is true? a. Congress is responsible for interpreting the common law. b. Judges are responsible for the creation of statutes. c. In a case of first impression, a judge may use persuasive authorities rather than precedents. d. Judges may never deviate from established precedent.
c. In a case of first impression, a judge may use persuasive authorities rather than precedents.
What is true of corporate political speech? Choose 2 answers. a. Corporate political speech is strongly restricted in a presidential election year. b. Corporate political speech is protected by the First Amendment. c. Political donations are protected by the First Amendment as types of corporate political speech. d. Corporate political speech is more restricted than corporate commercial speech.
c. Political donations are protected by the First Amendment as types of corporate political speech. d. Corporate political speech is more restricted than corporate commercial speech.
Which of the following statements are applicable to the doctrine of stare decisis? Choose 2 answers. a. A lower court may choose whether to follow the precedent of a decision made by a higher court in the same jurisdiction. b. A court must follow the decisions of a higher court, even if the decision comes from another jurisdiction. c. Stare decisis is a principle that arose out of the common law. d. A lower court must follow the precedent of a decision made by a higher court in the same jurisdiction.
c. Stare decisis is a principle that arose out of the common law. d. A lower court must follow the precedent of a decision made by a higher court in the same jurisdiction.
Agency rules are similar to statutes because of which one of the following? a. Congress must vote in favor of them to become effective. b. They are enforced by law enforcement agencies. c. They are legal requirements and binding as if Congress has passed them. d. They are opinions regarding laws passed by Congress.
c. They are legal requirements and binding as if Congress has passed them
Where are fundamental rights protected specifically in U.S. law? a. Under the Takings Clause b. Under procedural due process c. Under substantive due process d. Under the Eleventh Amendment
c. Under substantive due process
In what situations does federal law preempt state law? Choose 2 answer choices. a. Federal law preempts state law in all cases b. When the state law explicitly states it preempts other laws c. When Congress passes very detailed laws d. When Congress passes a law and creates an agency to enforce that law
c. When Congress passes very detailed laws d. When Congress passes a law and creates an agency to enforce that law
Rando and Shania are involved in an automobile accident. Rando decides to sue Shania for his injuries, so he files a complaint, a formal pleading that starts the lawsuit and sets out the allegations that Rando has against Shania. Rando has the complaint, along with a summons, served on Shania to give her notice of the lawsuit. If Shania does not respond to the complaint: a. a motion for judgment on the pleadings may be filed against her. b. a motion to dismiss may be filed against her. c. a default judgment may be entered against her. d. a motion for summary judgment may be filed against her.
c. a default judgment may be entered against her.
Andre is involved in a business dispute with his former partner, Ned. Instead of filing a lawsuit, Andre and Ned decide to use alternative dispute resolution (ADR) to settle their dispute. Andre and Ned choose to present their case to a neutral third party, and that third party will decide the case. The form of ADR that Andre and Ned have decided to use is: a. negotiation. b. mediation. c. arbitration. d. summary jury trial.
c. arbitration.
The judicial branch may limit an administrative agency's actions by which of the following? Choose 2 answers. a. a court's modification of the agency's authority b. a court's removal of an agency officer c. judicial review of the agency's orders on appeal d. judicial review of the agency's regulations
c. judicial review of the agency's orders on appeal d. judicial review of the agency's regulations
Which of the following is the provision of the U.S. Constitution that establishes federal law precedence over state law? a. the Equal Protection Clause b. the Commerce Clause c. the Supremacy Clause d. the Bill of Rights
c. the Supremacy Clause
Historically, the common law developed from: a. the emergence of courts of law and courts of equity in seventeenth century France. b. the movement from religious to secular law in 15th raised to the th power century Europe. c. the unification of local customs and laws in feudal England. d. the democratic creation of rules and laws in ancient Greece.
c. the unification of local customs and laws in feudal England.
the federal and most state judicial branches have at least these three levels in the court system: a.district, appeals, and supreme. b. chancery, district, and appellate. c. trial court, intermediate appellate court, and highest appellate court. d. district, circuit, and appellate.
c. trial court, intermediate appellate court, and highest appellate court.
Harold is the owner of Fairway Lawn Service, which provides lawn-care services to residential and commercial customers. Harold regularly sprays his customers' lawns with a pesticide that contains glyphosate. The Environmental Protection Agency (EPA) issues a citation to Harold for commercial use of the pesticide. The EPA says glyphosate can only be used in residential applications. Harold knows that this has not been the law in the past, so he searches the EPA website for information about glyphosate. Harold finds nothing that indicates glyphosate cannot be used in commercial applications, so Harold demands a hearing to dispute the citation he has been issued. Harold will probably: a. win because Harold's use of glyphosate would be grandfathered in. b. lose because as a commercial lawn care provider, Harold must stay abreast of current research on pesticides. c. win because the EPA did not give notice of the rule change regarding glyphosate. d. lose because the EPA is not required to give notice before it changes environmental rules.
c. win because the EPA did not give notice of the rule change regarding glyphosate.
Wyatt is arrested under a federal statute that makes using marijuana illegal. The state that Wyatt lives in allows recreational use of marijuana. Wyatt challenges the federal statute on the grounds that it is time for the law to change. Wyatt's argument is that recreational marijuana use is now legal in eleven states and medical marijuana use is legal in 34 states; therefore, it is time for the federal government to come into the 21st century and make the use of marijuana legal throughout the United States. Judge Sanderson is the district court judge hearing the case, and he rules that the law should not be overturned. Judge Sanderson is a proponent of the legal positivism school of legal thought. Therefore, Judge Sanderson believes that: a) people have natural rights; therefore, the standards imposed on a citizen from the state and federal government should be consistent. b) judges should look to the past to determine what the principles of contemporary law should be. c) the law is only one factor to be considered when deciding cases, and social and economic circumstances should also be taken into account. d) judges should defer to existing laws because there is no law higher than the laws created by a national government.
d) judges should defer to existing laws because there is no law higher than the laws created by a national government.
The argument that a law should not be followed because it violates the inherent rights of human beings follows which theory of a)historical school b)legal realism c)positivism d)natural law
d) natural law
Congress has the right to pass laws, as long as: a)they do not conflict with administrative regulations. b) it follows precedent. c) they follow the common law. d) they do not conflict with the United States Constitution.
d) they do not conflict with the United States Constitution.
Which of the following is a true statement of the powers of a branch of the federal government? a. The power to interpret the U.S. Constitution is vested solely in the U.S. Supreme Court. b. The power to administer the laws is vested in the judicial branch. c. The federal court system is established by the U.S. Constitution without the involvement of any other branch of government. d. The power to enact laws is vested in the legislative branch.
d. The power to enact laws is vested in the legislative branch.
Tillie is served with a lawsuit to collect a debt Tillie allegedly owes to Big Ben Clocks. The summons attached to the lawsuit says that Tillie has thirty days to answer the complaint. Fifteen days later, Tillie receives a copy of a default judgment in the mail, directing Tillie to pay $1000 to Big Ben Clocks. Does Tillie have any grounds on which to have the default judgment set aside? a. Yes, it is a violation of substantive due process. b. No, once a court enters a judgment of any kind, it is final. c. No, a violation of procedural due process is not a ground to set aside a default judgment. d. Yes, it is a violation of procedural due process.
d. Yes, it is a violation of procedural due process.
Which of the following statements correctly reflects the role of a federal administrative law judge (ALJ)? a. An ALJ's final order may only be overturned by a court if it is unreasonable. b. An ALJ's final order may not be reviewed by a court. c. An ALJ's final order may be re-tried in a federal district court. d. An ALJ presides over an administrative hearing and issues an order that, when final, may be reviewed by a court.
d. An ALJ presides over an administrative hearing and issues an order that, when final, may be reviewed by a court.
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? a. Rational Basis Test b. Strict Scrutiny c. Minimal Scrutiny d. Intermediate Scrutiny
d. Intermediate Scrutiny
Roger has worked for an agency, the Federal Reserve, for ten years. Recently, Roger has heard rumors that multiple employees have contracted COVID-19, a highly contagious and potentially dangerous disease, although they have recovered completely. Nevertheless, Roger is still concerned about being around these people, so Roger asks his employer, the Federal Reserve, for a list of these employees. The Federal Reserve refuses, so Roger files a Freedom of Information Act (FOIA) request for the information. Under the FOIA, will the Federal Reserve provide Roger this list? a. Yes, Roger has a good reason for requesting this information. b. Yes, providing this information does not violate normal agency policies. c. No, because as a current employee of an agency, the Federal Reserve, Roger cannot file a FOIA request with the Federal Reserve. d. No, this information is confidential and personal.
d. No, this information is confidential and personal.
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
An arbitrator is different than a mediator because an arbitrator: a. is a third-party neutral. b. is employed to help the parties avoid litigation. c. has the authority to make a binding award. d. hears both sides of a matter.
has the authority to make a binding award.
For the past year, Zegrida has been writing a historical fiction novel based on the experiences of her family as they immigrated to the United States from Latvia during World War II. When finished, she contacted a publisher and was shocked to discover that her book had just been published two weeks ago with Fran, a business acquaintance of Zegrida, listed as the author. Two months ago, Zegrida had asked Fran to review the book and give feedback, but instead, Fran published the book under her own name. Zegrida plans to sue Fran for copyright infringement and is trying to decide in which court to sue. Zegrida must sue Fran: a. in state court because both Fran and Zegrida live in the same state. b. in state court because the suit involves a copyright issue. c. in either federal district court or state court because both Fran and Zegrida live in the same state and the suit involves a copyright issue. d. in federal district court because the suit involves a copyright issue.
in federal district court because the suit involves a copyright issue.