BLAW EXAM 1

Question 1

In which of the following cases would a lawyer probably expect to be paid an hourly rate?

Answer 1

Defending Wal-Mart when it is sued by a customer who slipped in a Walmart

Question 2

You have been involved in a car accident and sustained substantial damages. you have hired an attorney to bring a lawsuit against the driver of the other car. in order to win your case, the attorney would have to prove that the other driver was responsible for your damages by what standard of proof?

Answer 2

by a preponderance of the evidence.

Question 3

Allen has been charged w/ the crime of sexual assault of a federal employee. he was prosecuted in federal criminal court for violating a federal law and was found “not guilty” by a jury. Which is correct based on the doctrine of double jeopardy?

Answer 3

Allen may still be criminally prosecuted in state court because it is a separate sovereign.

Question 4

3. In 1803 the U.S. Supreme Court decided the landmark case of Marbury v. Madison. This case established the legal precedent that the final interpretation of the U.S. Constitution is within the authority of:

Answer 4

The U.S. Supreme Court

Question 5

4. John, a resident of Fayetteville, Arkansas has sought advice from a lawyer on a point of Arkansas law which is being considered by a trial court judge in Fayetteville. Which of the following would constitute a legal precedent which a trial court judge in Fayetteville should consider to be legally binding?

Answer 5

A decision by the Supreme Court of the state of Arkansas

Question 6

A federal trial court judge in Fayetteville, Arkansas must interpret Arkansas state law. The Arkansas Supreme Court has previously interpreted this law. No federal court has interpreted this law. Will the federal trial judge be required to follow the precedent set by the Arkansas Supreme Court?

Answer 6

Yes, the Arkansas Supreme Court is the ultimate interpreter of Arkansas law

Question 7

The “common law” is a system of law that has developed primarily on which of the following doctrines:

Answer 7

Stare Decisis

Question 8

A jury in a criminal case finds the accused to be “not guilty.” What does this indicate?

Answer 8

The prosecution failed to prove its case beyond a reasonable doubt.

Question 9

Emma was texting while driving when she crashed into Olivia’s car. Olivia’s car was totaled and Olivia suffered a broken leg. Olivia filed a civil suit against Emma to recover damages. Also, Emma is a defendant in a criminal prosecution for violating state law prohibiting texting while driving. Which trial will have the highest burden of proof?

Answer 9

Criminal trial, because the prosecutor must prove Emma guilty beyond a reasonable doubt

Question 10

The Texas Supreme Court has rendered a decision on a unique negligence issue. No Texas statute or other law addresses this topic. Will Texas trial courts be required to follow the Texas Supreme Court if they try a case with similar facts?

Answer 10

Yes, because this is binding precedent in the state of Texas.

Question 11

California Police Officer Smith allegedly used unreasonable force when arresting Mia for possession of marijuana. Officer Smith has been charged with of state and federal law. Citing the double jeopardy clause, Officer Smith filed a Motion to Dismiss the state case. How will the judge likely rule?

Answer 11

Deny Officer Smith’s motion because the state and federal governments are separate sovereigns.

Question 12

Fictitious fact pattern: The Massachusetts legislature creates a statute making it a criminal offense to disparage Tom Brady or Bill Belichick (both famous employees of the New England Patriots football team). Which branch of government has the power to decide whether the Massachusetts statute is constitutional?

Answer 12

The judiciary because of the power of judicial review as established in Marbury v. Madison.

Question 13

In 1998 the Texas legislature passed a statute with the short name “Texas Fair Pay Act.” In January, 2014, the highest courts of Oklahoma and Texas each rendered opinions interpreting the Texas Fair Pay Act. Now the U.S. Supreme Court is considering a case involving the Texas Fair Pay Act. Assuming no federal law is involved in this case, which state court opinion, if any, is controlling precedent in the U.S. Supreme Court?

Answer 13

The opinion of the Texas court only because that court is the ultimate interpreter of Texas law

Question 14

The Arkansas Supreme Court ruled that a liquor store selling alcohol to minors may be liable for subsequent alcohol related injuries. Nebraska has no statute or case law addressing liability of liquor stores. In Nebraska, Evan is severely injured when a drunk 18-year-old (Mason) causes a traffic accident. In Nebraska state court, Evan sues the liquor store where Mason purchased alcohol and cites the Arkansas Supreme Court ruling in support of his case. The judge:

Answer 14

Does not have to follow the Arkansas opinion because it is not binding precedent in Nebraska

Question 15

Todd is an employee of the Yankees. Todd tweets under the twitter name “abc123” vulgar messages about the daughter of Burt Skilling (a professional baseball player). Burt tells the Yankees and the Yankees fire Todd. Todd sues the Yankees alleging they violated his First Amendment right to free speech. How will this case likely conclude?

Answer 15

The suit will be dismissed because of the state action doctrine

Question 16

The “system” of law which is used in 49 is:

Answer 16

Common Law

Question 17

Elizabeth was injured on a bike trail when Lisa’s dog attacked her bike, causing her to fall and injure her shoulder. The City Prosecutor has charged Lisa with the crime of violating the city’s animal leash laws. Elizabeth also wants to file suit against Lisa to recover damages to her bike and for her shoulder injury. Which best describes the “burden of proof” in both cases?

Answer 17

The City Prosecutor will have to prove his case beyond a reasonable doubt and Elizabeth will have to prove her case by a preponderance of the evidence.

Question 18

A federal trial court judge in Fayetteville must interpret a unique Arkansas state law issue. No federal law addresses this topic, but the Arkansas Supreme Court has previously interpreted the Arkansas law on this point. Will the federal judge be required to follow the precedent set by the Arkansas Supreme Court?

Answer 18

Yes: the Arkansas Supreme Court is the ultimate interpreter of Arkansas law.

Question 19

18. Assume that the U.S. Supreme Court ruled abortion is illegal for any woman under the age of 21. Which part of the following is correct?

Answer 19

At a later date the Supreme Court can overrule this precedent

Question 20

Last year the City of Fayetteville passed an Ordinance making it illegal to discriminate against people because of their sexual orientation or gender identity. A group of citizens is appealing the decision to the Arkansas Supreme Court alleging that the law is unconstitutional under the U.S. Constitution. Which of these decisions will be binding precedent on the Arkansas Supreme Court?

Answer 20

An opinion of the U.S. Supreme Court

Question 21

Gail posts a message on Facebook that makes negative comments about her employer, Oprah.. Gail works for Oprah’s magazine, “O”. When Oprah sees the post, she immediately fires Gail. Gail sues Oprah alleging a violation of her first amendment rights of free speech. Oprah files a Motion to Dismiss. How will the trial court rule?

Answer 21

Dismissed, because there is no state action.

Question 22

Adam was charged with the crime of embezzling money from his employer. He was prosecuted in state court (Arkansas) and was found not guilty by a jury. Several months later new evidence was discovered that revealed beyond any doubt that Adam had in fact committed the crime in question. Which of the following is true?

Answer 22

Adam cannot be tried again by the state because of the double jeopardy rule.

Question 23

The origin of the common law system is based primarily on which of the following?

Answer 23

Written decisions of British judges.

Question 24

You are serving on a jury which is hearing a lawsuit filed by a plaintiff who is alleging that a defendant’s negligent driving caused the plaintiff serious bodily harm. After hearing the case you determine that it is more likely than not that the plaintiff has proven his allegation that the defendant’s negligence caused the plaintiff harm. However you are not sure of this beyond a reasonable doubt. What should you as a juror do in this situation?

Answer 24

Vote in favor of the plaintiff

Question 25

An Arkansas United States Senator was holding a hearing in Little Rock during which time he was attacked and harmed by an Arkansas citizen. This is a violation of both the U.S. Criminal Code and the Arkansas Criminal Code. The defendant was prosecuted in U.S. criminal court but was held to be not guilty in a jury trial. Which of the following is correct?

Answer 25

The defendant can be prosecuted a second time by the state of Arkansas.

The defendant can be sued in civil court by the Senator who was harmed by the assailant

Question 26

What important rule of law was first announced in the famous U.S. Supreme Court case of Marbury v. Madison (1803)?

Answer 26

Courts have the power of judicial review.

Question 27

An Arkansas state court judge is hearing a case involving an unusual point of Arkansas law. Which of the following would the trial court judge consider to be binding upon him/her?

Answer 27

A decision by the Arkansas Supreme Court

Question 28

The doctrine of “stare decisis” is most closely associated with:

Answer 28

Common Law.

Question 29

A jury voted that a defendant was “not guilty.” Which of the following is correct?

Answer 29

The prosecuting attorney failed to prove its case beyond a reasonable doubt.

Question 30

The common law system relies on which of the following:

Answer 30

stare decisis

Question 31

The doctrine of “burden of proof” is an important part of U.S. law. Which of the following is correct regarding this doctrine?

Answer 31

In a civil case the plaintiff has the burden of proof.

In a civil case the standard “burden of proof” is “by a preponderance of the evidence.”

Question 32

Alex attacked a U.S. Postal Worker while she was delivering the mail. This violated state criminal code and U.S. criminal code. Which of the following may bring a lawsuit (civil or criminal) against Lia?

Answer 32

State Government

Federal Government

the U.S. Postal Worker.

Question 33

Assume that the U.S. Congress passed a law which required public school children to wear uniforms to school. The language of the law was ambiguous and the Supreme Court interpreted the law to mean only high school students. In response to this decision by the Supreme Court Congress changed the language of the law so that it specifically stated that it would apply to all students (not just high school students). Does Congress have the right to change the law in this manner?

Answer 33

Yes, as Congress has the right to change statutory law if they disagree with Supreme Court interpretations.

Question 34

Which of the following is a “Uniform” statutory law prepared by the National Conference of Commissioners on Uniform State Law?

Answer 34

Uniform Commercial Code

Question 35

A trial court judge in Fayetteville, AR is deciding a case involving an unusual point of Arkansas law. He is hoping that he can find a precedent which will help him decide the case. Which of the following interpretations of the law would be legally binding upon him?

Answer 35

A decision by the Arkansas Supreme Court

Question 36

Which of the following courts has the final and absolute right to interpret issues of Arkansas law (assuming that no issues of the U.S. Constitution apply to the case)?

Answer 36

Arkansas Supreme Court

Question 37

A system of law that developed primarily on legal precedent is known as:

Answer 37

Common Law

Question 38

The doctrine of “burden of proof” is an important part of U.S. law. Which of the following is correct regarding this doctrine?

Answer 38

In a civil case the plaintiff has the burden of proof.

In a civil case the standard “burden of proof” is “by a preponderance of the evidence.”

Question 39

Which of the following rules of Civil Procedure allows a judge to assess a penalty against a plaintiff”s attorney for filing a frivolous lawsuit?

Answer 39

Rule 11

Question 40

Which of the following would you expect to observe in an appellate court hearing?

Answer 40

Justices

Question 41

You are a resident of Arkansas and have taken a trip to Dallas to watch the Arkansas / Texas A&M football game. Upon driving away from the stadium, you are struck by a car driven by a resident of Dallas. This causes substantial damage to your car as well as to your person (estimated total amount for both damages to the car and personal injury: $70,000). There is no issue of federal law. The driver who struck your car seldom goes to Arkansas. In which of the following courts can you bring a lawsuit against this driver?

Answer 41

State court in Texas

Question 42

Which of the following kinds of cases CANNOT be brought in state court?

Answer 42

Cases involving patents and copyrights

Question 43

Tom and Will were litigants in a lawsuit in which the trial was heard by a jury in a U.S. District Court in Little Rock, Arkansas. The jury decided the case in favor of Tom, and the judgment was signed by the trial court judge. If Will wishes to appeal the case the appeal would go to which of the following:

Answer 43

The Eighth Circuit Court of Appeals

Question 44

In which of the following kinds of cases would a lawyer be most likely to seek payment based on a “contingency fee?”

Answer 44

Representing a plaintiff in a slip and fall case in a Wal-Mart store

Question 45

In both civil and criminal cases, it is the responsibility of the jury to:

Answer 45

Resolve questions of fact.

Question 46

Baker is a lawyer in a civil case. He would like to use some of his peremptory challenges to disqualify certain jurors. However, the Supreme Court has ruled that certain jurors cannot be disqualified via a peremptory challenge based on:

Answer 46

Race

Gender (sex)

Question 47

Which of the following rulings by a trial court judge can be made after the jury renders its verdict?

Answer 47

Judgement NOV

Question 48

Which of the following is true when a deposition is used in a civil case?

Answer 48

Testimony is taken under oath.

Question 49

When a dispute arises between a private party and an administrative agency there is usually a hearing between the private party and the agency which is ruled on by an Administrative Law Judge. After the ruling by the ALJ there is usually an appellate ruling by:

Answer 49

The commission as a whole.

Question 50

When a federal administrative agency develops a new regulation it cannot take effect until which of the following occurs?

Answer 50

Public comment for at least 30 days.

Question 51

Rule 11 is part of the rules of civil procedure in both federal and state courts. This rule is associated with which of the following?

Answer 51

Frivolous lawsuit.

Question 52

You have been chosen as a juror in a civil trial. Which of these is your primary responsibility?

Answer 52

Resolve questions of fact.

Question 53

Which of the following would you normally expect to see in an appellate court hearing?

Answer 53

Justices

Question 54

U.S. Federal District Court (trial court) judges are normally selected by the following?

Answer 54

Nominated by the President and confirmed by the U.S. Senate.

Question 55

You are a resident of Arkansas. While you are in Dallas, Texas you are injured by a resident of Texas who caused you damages when he was driving a motorcycle. He did not have any insurance. He had never visited Arkansas (although he had heard that it was a beautiful state). You hired an attorney to sue the Texas resident for $100,000 (as you have sustained substantial personal injuries). Which court would have jurisdiction over this case?

Answer 55

Texas state court

U.S. District court in Texas

Question 56

Which of the following kinds of cases can be heard exclusively in federal court?

Answer 56

Cases in which the United States is a party.

Question 57

The U.S. Court of Appeals (Eighth Circuit) normally hears cases from which of the following?

Answer 57

U.S. District Courts in Arkansas

Question 58

Twelve persons have been tentatively selected for a jury in a criminal case. The lawyer for the defense would like to use her peremptory challenges to disqualify certain jurors. Which of the following would constitute an illegal reason to disqualify a juror based on legal precedent set by the U.S. Supreme Court?

Answer 58

The potential juror is a woman

Question 59

You have been called upon to give a deposition prior to a civil trial. Which of the following is correct?

Answer 59

The deposition is taken under oath.

Lawyers may question you in the deposition

Question 60

Which of the following occurs during the course of a trial but may not be considered during deliberations?

Answer 60

Opening statement by the lawyers.

Question 61

You are successful in a civil lawsuit and would like to collect on this judgment. Which of the following is generally allowed in a civil case?

Answer 61

You can seize “non-exempt” assets owned by the defendant.

You can garnish the defendant’s wages.

Question 62

According to Article III of the Constitution, justices of the Supreme Court and the inferior courts shall hold their offices:

Answer 62

During good behavior.

Question 63

Fourth amendment precedent allows searches and seizures may be based on any one of three reasons. Which of the following is NOT one of these reasons?

Answer 63

Convenience of the police

Question 64

Allen obtained a judgment in a breach of contract case whereby he was awarded $100,000 in damages. In order to avoid paying the judgment the defendant moved to a different state. Allen pursued the defendant, and upon locating him brought an action to have his judgment recognized and enforced by the different state. Is this state required to do so?

Answer 64

Yes, under the Full Faith and Credit clause.

Question 65

Which of the following forms of speech are generally considered to be fully “protected” by the first amendment?

Answer 65

Symbolic speech.

Question 66

Jesse, a resident of Arkansas, is challenging a state law which stipulates that a person must be a certain age (16) in order to be able to get a driver’s license. If the equal protection doctrine were to be applied to this case a judge would probably make his / her decision on which of the following:

Answer 66

A rational basis test.

Question 67

In the famous “Heart of Atlanta Motel” case the Supreme Court held that Congress had the power to pass and enforce the Civil Rights Law of 1964 based on what portion of the Constitution?

Answer 67

Commerce clause

Question 68

Based upon Article Two of the Constitution the Executive Branch has which of the following powers?

Answer 68

Serve as Commander in Chief of the Army and Navy.

Nominate Supreme Court Justices, subject to approval by the Senate

Question 69

Allen, a resident of Arkansas, was at Disney World (in Florida) when he was physically attacked by Clark who was a resident of Alabama. Allen would like to file a civil lawsuit against Clark (who has no contacts with Arkansas). In which state(s) may Allen file this lawsuit?

Answer 69

Alabama

Florida

Question 70

When originally written the Bill of Rights was intended to apply only to the federal government. However, it was eventually held by the U.S. Supreme Court that most of the amendments constituting the Bill of Rights were applicable to the states because of:

Answer 70

The due process clause of the 14th amendment

Question 71

The U.S. Congress passed a law stating that they could apply national quotas to wheat grown on a person’s own land and for a person’s own consumption because of its effect on stabilizing prices of wheat. The Supreme Court upheld the constitutionality of this law based on which provision of the Constitution?

Answer 71

Power of Congress to regulate interstate commerce

Question 72

Based upon Article Two of the Constitution, the Executive Branch has which of the following powers?

Answer 72

Make treaties, subject to approval by the Senate

Nominate Supreme Court judges, subject to approval by the Senate

Question 73

Justices of the U.S. Supreme Court remain justices:

Answer 73

During good behavior

Question 74

Fourth Amendment precedent holds that a search based on _________________ is constitutional

Answer 74

Convenience of the police.

Question 75

Fayetteville city council passed a law prohibiting any organization or group from hosting rallies from 10 pm to 7am. An anti-abortion group wants to hold a rally to support life at midnight but is denied a permit to do so. The group files a lawsuit asking a court to overturn Fayetteville’s law. How will the court likely rule?

Answer 75

In favor of Fayetteville because their law is a content neutral restriction.

Question 76

Which of the following forms of speech are generally considered to be fully “protected” by the first amendment?

Answer 76

Symbolic speech.

Question 77

A political group plans a rally for 11pm to support their candidate. They didn’t realize that the city where the rally was planned had the following ordinance: “No rally may be held from 10pm-7am.” The purpose of the ordinance was to reduce noise when most people are sleeping. When people began to arrive for the rally police sent them home citing the ordinance. If the political group sues based on their right to free speech the court will likely:

Answer 77

Rule in favor of the city because the restriction is content neutral.

Question 78

Jesse, a resident of Arkansas, is bringing a lawsuit challenging a state law which relates to marriage for violating the equal protection clause. The trial judge hearing the case has decided that the “strict scrutiny” test will be applied to this case. Under this test the government would have to prove that this restriction on the fundamental right to marriage can be justified on the bases of:

Answer 78

A compelling state interest

Question 79

When originally written the “Bill of Rights” was intended to apply only to the federal government. However, it was eventually held by the U.S. Supreme Court that most of the amendments constituting the bill of rights were applicable to the states because of:

Answer 79

The Due Process Clause of the 14th amendment

Question 80

Ace Bank lent $125,000 to Jones at a time when both Ace Bank and Jones were residents of Arkansas. Jones defaulted on the loan and was promptly sued by Ace Bank in an Arkansas court and received a judgment in its favor. Jones then moved to Texas. Does Ace Bank have the legal right to have this judgment enforced by legal process in Texas?

Answer 80

Yes, under the full faith and credit clause

Question 81

In 2015 the U.S. Supreme Court ruled that a state cannot deprive a same sex couple the right to be married, as this would violate the due process and equal protection clauses of the constitution. Which of the following is correct?

Answer 81

At a later date the Supreme Court can overrule this precedent in a case brought before it.

Question 82

In the Heart of Atlanta case the U.S. Supreme Court upheld the constitutionality of that portion of the Civil Rights Act dealing with the use of public facilities such as motels. In making this ruling the Supreme Court applied which portion of the constitution?

Answer 82

Commerce clause.

Question 83

The famous case of Griswold v. Conn. (Supreme Court, 1965) held that it was unconstitutional for a state to prohibit the use of contraceptives in the state. This ruling was based on:

Answer 83

The ninth amendment (enumeration of rights does not deny others retained by the people)

Question 84

When the first ten amendments (bill of rights) were written they applied only to the federal government and not to the states. However later most of them became applicable to the states as well because of the:

Answer 84

Due process clause of the 14th amendment.

Question 85

If the University of Arkansas were to require all students to attend a Catholic mass every Sunday, this would probably be considered:

Answer 85

A violation of the establishment clause in the first amendment

Question 86

Which of the following forms of speech are considered by judicial precedent to be “unprotected speech?”

Answer 86

I. Speech which presents a clear and present danger

II. Speech which is defamatory

III. Speech which is obscene

Question 87

A court is considering a case involving the equal protection clause of the 14th amendment. The case involves a distinction made by a state government on the basis of race and the court is applying the strict scrutiny test. In a case such as this a judge will apply which of the following standards?

Answer 87

Whether the government had a compelling interest for treating people differently under the law.

Question 88

Jim punches Sam in his dorm room. When police approach Jim to interview him, he feels guilty and spontaneously states “I punched Sam for stealing my Doritos. I’m sorry.” My Jim’s confession be admitted as evidence in his criminal trial?

Answer 88

Yes, because it was a spontaneous statement

Question 89

Which of the following best describes the doctrine of “judicial review?”

Answer 89

The right of the judicial branch to determine whether the actions of other branches of government are constitutional.

Question 90

The Full Faith and Credit Clause of the U.S. Constitution requires which of the following?

Answer 90

a state must honor rights established in another state regarding deeds, wills, contracts and court judgments

Question 91

Which of the following ADR procedures is the most popular and is often required by judges before a trial date can be schedule?

Answer 91

Mediation

Question 92

Which of the following is the usual order events of a civil case?

Answer 92

Complaint, service of process, answer, discovery, trial

Question 93

You order a pizza from a local pizza delivery company. When you bite into the pizza you break your tooth on a piece of metal baked into the crust. You hire a lawyer to represent you in your lawsuit against the pizza company to recover your medical expenses and for the pain and suffering you endured. Which of the following is true with respect to what fees your attorney can charge?

Answer 93

Your case is civil so your attorney can take the case on a contingency fee basis or charge you an hourly fee for her services.

Question 94

You live in Arkansas and bank with Big Bank. One day you discover that when you open your most recent bank statement that Big Bank is illegally charging you a service fee every time you check your account balance online. Big Bank has its principal place of business in New York and does not have a physical bank branch in Arkansas. The Arkansas court may exercise personal jurisdiction over Big Bank if:

Answer 94

Big Bank has minimal contacts with Arkansas under the long ark statute.

Question 95

You wish to file a lawsuit against a local hospital for violating a federal statute recently passed by Congress. You are seeking $50,000 in damages. You are a resident of Arkansas and the hospital’s principal place of business is in Arkansas. In which court can you file your lawsuit?

Answer 95

You can file your lawsuit in either a state court or a federal court in Arkansas since a federal question is at issue.

Question 96

Gladys was injured when a restaurant sign fell on her. She sued the restaurant alleging that the restaurant was negligent and demanded a jury trial. At trial, who will consider the evidence and decide whether the restaurant was negligent?

Answer 96

The jury because this is a question of fact.

Question 97

While you were sitting at a stoplight in Fayetteville you were hit from behind. You want to sue the driver of the other car and are seeking damages of $100,000. The driver that hit you is a resident of Tennessee, but has a permanent business in Arkansas. In which court may you file your lawsuit?

Answer 97

Federal court in Arkansas

Federal court in Tennessee

State court in Arkansas

State court in Tennessee

Question 98

You are on trial for murdering your husband. Your lawyer believes that the best jurors for your case are young women under the age of 30 who have never been married and who work full time. Which of the following is true regarding to the constitutionality of peremptory challenges?

Answer 98

Your lawyer cannot use the peremptory challenges to strike potential jurors because of their gender but can strike jurors because of their age, marital status, and employment status

Question 99

Which one of the following is evidence a jury can consider?

Answer 99

A statement made by an eye-witness who was only 17-years-old

Question 100

At the conclusion of the plaintiff’s case in a civil trial the defendant’s lawyer believes that the plaintiff has not submitted sufficient evidence to prove her claim. At this point the defendant’s lawyer should make the following motion:

Answer 100

Motion for directed verdict

Question 101

In which of the following courts would you normally be entitled have your case heard by a jury?

Answer 101

U.S. District Court

Question 102

In which of the following courts would the court normally be expected to hear the testimony of witnesses?

Answer 102

U.S. District Court

Question 103

You, as plaintiff, win a jury trial and a court issues a judgment in your favor and against the defendant for $10,000. To collect the $10,000 from the defendant you can do the following:

Answer 103

Ask the sheriff to seize his non-exempt assets or cause a wage garnishment to be issued to his employer

Question 104

Tim (from Texas) and Mark (from Missouri) attend the University of Arkansas. Mark accidentally ran his car into Tim’s car on Dickson Street in Fayetteville, AR. Tim wants to sue Mark, alleging damages of $60,000. There is no issue of federal law. In which of the following courts may Tim file a lawsuit against Mark?

Answer 104

Arkansas state court.

Missouri state court.

Question 105

A U.S. District Court in Arkansas may exercise personal jurisdiction over an out of state defendant if::

Answer 105

The defendant had minimal contacts with the state.

Question 106

Sara wants to file a lawsuit against her cellphone company for violating a federal law. She is seeking $45,000 in damages. Sara is a resident of Texas and the cellphone company’s principal place of business is in Texas. In which court can Sara file her lawsuit?

Answer 106

Either state court or a federal court in Texas since a federal question is at issue.

Question 107

Kerry was employed by an upscale women’s clothing store. After working for them for 6 months she became dissatisfied with how she was treated, especially with their requirement that she work overtime during certain times of the year. She communicated her complaints via advertisements in the local paper. As a result of these advertisements she was dismissed (fired) by the store. Kerry has brought a lawsuit against the store based on an alleged violation of her right to free speech. A court hearing this case would probably rule in favor of:

Answer 107

The store as there was a lack of state action

Question 108

The “electoral college” is the entity that actually votes to elect the president and the vice president. How many electoral college votes does each state get?

Answer 108

Total number of their representatives in the House plus total number of their senators

Question 109

Which of the following forms of speech are NOT protected by the first amendment?

Answer 109

I. Speech which presents a clear and present danger.
II. Speech which is considered to be defamatory under state law
III. Speech which is considered to be obscene under state law.

Question 110

A local police office thinks Matt “looks like a drug dealer.” When Matt goes into a coffee shop, the officer opens Matt’s car trunk and finds large quantities of marijuana. The officer does not have a search warrant. Will the drugs be admitted into evidence in Matt’s criminal trial?

Answer 110

No, because of the exclusionary rule.

Question 111

In the famous case of Griswold v. Conn. (1965) the Supreme Court heard a case in which it was claimed that the state of Connecticut was acting illegally in outlawing the use of contraceptives within the state. In this case the Supreme Court held that the state of Connecticut:

Answer 111

Was in violation of the 9th amendment which states that certain unstated rights are retained by the people

Question 112

If a state or federal government should enact a law which provides different rights to citizens on the basis of race, a court would probably use the following test to determine whether or not such a law was constitutional:

Answer 112

Strict scrutiny test.

Question 113

The bill of rights preserves such rights as freedom of speech, freedom of religion and the right to trial by jury. What doctrine makes these rights enforceable against the individual states as well as the federal government?

Answer 113

Incorporation doctrine.

Question 114

The principle of “federalism” is most closely associated with:

Answer 114

The allocation of powers between the federal and state governments.

Question 115

The doctrine of “judicial review” refers primarily to which of the following?

Answer 115

The courts have the power to review governmental actions to determine whether they violate the constitution.

Question 116

Article One of the Constitution gives certain powers to the legislative branch (Congress). Which of these is NOT one of those powers?

Answer 116

Disqualify and remove justices of the individual states.

Question 117

Bob is an employee of a large retail business. He had written a number of letters to the local paper criticizing his employer and for this he was fired. He has sued the retail business claiming that the business has violated his right to “free speech.” Is he likely to win his case based on constitutional law?

Answer 117

No, as there is no state action in this situation.

Question 118

Some forms of speech are not protected by the first amendment. This would generally include which of the following forms of speech?

Answer 118

I. Speech which presents a clear and present danger.
II. Speech which is defamatory.
III. Speech which is obscene.

Question 119

In Griswold v. Conn. it was argued that a state law which prohibited the use of contraceptives in the state was unconstitutional. In this case the Supreme Court ruled that this law was unconstitutional on the basis of the:

Answer 119

Ninth amendment (rights retained by the people)

Question 120

Terry is challenging a state law which stipulates that a person must be at least 21 years old to purchase and use alcohol in the state. He is arguing that a neighboring state only requires a person to be 20 years old to buy alcohol. If the equal protection clause should be used by the trial judge in this case, she would probably make her decision on the basis of:

Answer 120

The rational basis test.

Question 121

Miriam’s professor assigns weekly accounting homework. Miriam knows many students cheat by copying homework solutions off the internet. Miriam decides to copy solutions as well, thinking “why should I do the work if no one else is?” Which behavioral ethics concept explains Miriam’s actions?

Answer 121

Conformity bias

Question 122

Liam believes lying is unethical. In relationships with his friends, he is honest. However, Liam thinks it is okay to arrive at work late and lie to his boss, by saying he arrived on time. In behavioral ethics terms, Liam is an example of __________.

Answer 122

Role morality

Question 123

Which of the following is true about corporate social responsibility under the stakeholder theory?

Answer 123

Corporations should consider impacts upon constituents such as suppliers and the community.

Question 124

Which of the following is true about ethical codes?

Answer 124

Some professions, such as certified public accountants, doctors, and lawyers, require taking an ethics exam and adherence to a code of ethics

Question 125

Susan is a public school teacher. She tweets that the school doesn’t support its teachers and it’s a horrible working environment. The school board fires Susan. Susan sues the school claiming it violated her right to “free speech.” The school moves to dismiss Susan’s suit. How will the judge likely rule?

Answer 125

Deny the motion for dismissal because there is a state action

Question 126

An agent with the Arkansas Drug Enforcement Commission is told by an inmate serving time in an Arkansas prison that his former roommate (Thomas) is storing illegal drugs in his apartment. Without a warrant or consent the agent breaks into Thomas’ apartment and seizes the drugs. Thomas is later arrested and prosecuted. May the drugs be admitted into evidence in Thomas’ criminal trial?

Answer 126

No, because of the Miranda warning rule

Question 127

If a person is arrested and is not “read his Miranda rights” the usual consequence of this oversight by the police is:

Answer 127

Statements made by the accused cannot be used against him in the ensuing trial

Question 128

The Supreme Court case of Gideon v. Wainwright extended the “right to counsel” to which of the following:

Answer 128

criminal defendants in misdemeanor cases.

Question 129

Tom and Jerry got into a fight at a Fayetteville nightclub. Tom was armed with handgun and shot Jerry resulting in Jerry’s death. Several onlookers called the police and they arrived almost immediately. Upon arriving one of the police officers said “who did this?” Tom immediately said “it was me! We had a fight and I shot him.” The police immediately arrested Tom. Can Tom’s confession be admitted into evidence in Tom’s subsequent criminal trial?

Answer 129

No, because of the Miranda rule

Question 130

Pete is a public school teacher. He writes a letter of opinion to the local paper that the school bullies students and doesn’t support free speech. Pete is fired for his letter. Pete sues the school claiming it violated his right to “free speech.” The school moves to dismiss Pete’s suit. How will the judge likely rule?

Answer 130

Deny the motion for dismissal because there is a state action

Question 131

Outcome based ethics focuses on _________________________.

Answer 131

Consequences

Question 132

Some professions require members of the profession to pass an ethics exam and follow an ethical code. Which of the following professions have that requirement?

Answer 132

military

Question 133

Mega Company is considering closing its U.S. factory and building a new factory in Vietnam to avoid regulations it has to follow in the US. If the corporation uses Stakeholder Theory to analyze whether it should move the factory which of the following is true?

Answer 133

Mega Company is only concerned with following the law.

Question 134

Wilson returned to his home one night to find that several police officers had broken into his home and confiscated goods which were recently stolen from a warehouse owned by Big Company. It was later revealed that the search by the officers was conducted without a search warrant. The officers did not obtain the warrant because they were told by a reliable third party that Wilson had stolen the goods and kept them in his house, thus negating the need for a search warrant. In this case:

Answer 134

The warrant was required and the presence of the stolen goods in Wilson’s house cannot be used as evidence in a criminal trial.

Question 135

An agent with the U.S. Drug Enforcement Agency believes that Mia stores lots of illegal drugs in her apartment. Without obtaining a warrant or consent from Mia, the agent breaks into the apartment and seizes the drugs. May the drugs be admitted into evidence in Mia’s criminal trial?

Answer 135

No because of the exclusionary rule

Question 136

Tom shoplifts an expensive watch. Afterwards a police officer approaches Tom. Tom feels very guilty and spontaneously declares “I stole the watch. I’m so sorry.” May Tom’s confession be admitted as evidence at his criminal trial?

Answer 136

Yes, because it was a spontaneous statement

Question 137

According to judicial interpretations of the fourth amendment the government should get a search warrant to search a suspect’s house. To obtain a search warrant, the government must convince a judge that they have _______________________. (

Answer 137

Probable cause to believe the search will reveal evidence of a specific crime.

Question 138

A jury has ruled that a defendant is “not guilty.” What does this indicate?

Answer 138

The prosecution failed to prove its case beyond a reasonable doubt.

Question 139

In which of the following kinds of cases would federal courts have exclusive jurisdiction?

Answer 139

Cases in which the U.S. is a party.

Cases involving patents or copyrights.

Question 140

Interrogatories and depositions are types of what?

Answer 140

Discovery

Question 141

During trial on a negligence claim the plaintiff’s attorney failed to introduce any evidence that the defendant was at fault. After the plaintiff rests but before the defense attorney started presenting the defenses’ case, she asked the judge to stop the trial at that point, with a ruling in favor of the defendant. The judge agreed that it was appropriate to rule in favor of the defendant before the defendant offered any evidence. Which of the following is correct?

Answer 141

this is called a directed verdict

Question 142

In a defamation lawsuit Jill successfully sued Jack and won a judgment in the amount of $20,000. If Jack will not pay, how may Jill recover the $20,000?

Answer 142

Garnish part of Jack’s wages.

Have the sheriff seize and sell Jack’s non-exempt assets.

Question 143

In a jury trial involving a car accident the lawyer for the plaintiff would like to dismiss some of the jurors who she feels would not be likely to render a verdict in favor of her client. For which of the following reasons can the lawyer use her “peremptory challenges” to dismiss a juror?

Answer 143

The juror did not graduate from high school.

The juror is a college professor.

The juror has come to court dressed in a shabby fashion.

Question 144

Which of the following forms of ADR generally results in a ruling by a neutral third party which is BINDING on the parties?

Answer 144

Arbitration

Question 145

Dan wants to sue his employer. However, Dan cannot sue because his employment contract has a mandatory __________ clause. Because of this clause, Dan and his employer must submit their dispute to a neutral third party who will issue a binding ruling:

Answer 145

Arbitration

Question 146

Many trial courts require that the parties engage in which of the following forms of ADR before a trial date can be scheduled?

Answer 146

Mediation

Question 147

The Acme Company is involved in an administrative agency hearing. The Administrative Law Judge (ALJ) issued a ruling adverse to Acme. Knowing that the case will eventually be heard by a civil court Acme wants to bypass the administrative agency commission and have the case heard by a court. Is this allowed by Administrative Law?

Answer 147

No, as the exhaustion of remedies doctrine would be violated.

Question 148

Under the federal Administrative Procedures Act before a federal regulation can take effect there must be a 30 day period of time for:

Answer 148

Comment by the public.

Question 149

Which of the following is NOT generally considered to be a reason for the popularity of Alternative Dispute Resolution (ADR)?

Answer 149

Results in a decision which operates as a legal precedent for future cases

Question 150

In which of the following would a lawyer be most likely to receive payment from a client on the basis of a “contingency fee?”

Answer 150

Representing a client who is injured in a car accident.

Question 151

“Rule 11” is part of the rules of procedure in civil court. This rule allows a trial court judge to:

Answer 151

Penalize a lawyer for filing a frivolous lawsuit.

Question 152

The primary role of the jury in a civil trial is to:

Answer 152

Resolve questions of fact.

Question 153

In which of the following kinds of courts would witnesses be called to testify?

Answer 153

Trail Courts

Question 154

A federal trial court judge (U.S. District Court) in Little Rock has decided a case based upon an interpretation of a federal statute. The losing party has decided to appeal this decision. The court which will hear this appeal is the:

Answer 154

U.S. Court of Appeals

Question 155

Allen, a resident of Arkansas, was visiting a friend in Dallas, Texas. During the time of the visit he got into a fight with a resident of Dallas, with the result that he suffered substantial physical harm requiring a hospital stay. The alleged assailant had only been to Arkansas one time to visit a friend in Hot Springs. The amount of the lawsuit is $100,000, and involves no issue of federal law. In which of the following courts can Allen bring this lawsuit?

Answer 155

State court in Texas

Federal court in Texas.

Question 156

Which of the following kinds of civil cases can be heard ONLY in federal court?

Answer 156

Cases involving whether or not a copyright is valid.

Question 157

Which of the following is a part of “discovery” in a civil trial?

Answer 157

Deposition

Question 158

Based upon precedents set by the U.S. Supreme Court, a potential juror cannot be dismissed via a peremptory challenge due to which of the following?

Answer 158

Race

Gender (sex)

Question 159

Which of the following can be used by a trial court judge PRIOR to a civil case going to trial?

Answer 159

Summary judgement

Question 160

Alex sustained substantial damages as a result of a driver failing to stop at a stop light. The negligent driver had no insurance, so Alex sued him personally based on his negligence. The jury awarded Alex damages in the amount of $100,000. If the defendant does not pay on the judgment Alex has the right to:

Answer 160

Seize the defendant’s non-exempt assets and have them sold to satisfy the debt

Garnish the defendant’s wages

Question 161

Which of the following ADR procedures results in hearing before a neutral third party who then issuing a decision which is binding upon the parties?

Answer 161

Arbitration

Question 162

If a federal administrative agency has authority to resolve a dispute within the jurisdiction of the agency the initial ruling will be issued by:

Answer 162

Administrative Law Judge

Question 163

When a federal administrative agency develops a new regulation it cannot take effect until which of the following occurs?

Answer 163

Public comment is allowed for at least a period of 30 days.

Question 164

Prior to enacting a rule, a federal administrative agency must set aside 30 days for:

Answer 164

Public comment