BLAW EXAM 1 Flashcards
In which of the following cases would a lawyer probably expect to be paid an hourly rate?
Defending Wal-Mart when it is sued by a customer who slipped in a Walmart
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?
by a preponderance of the evidence.
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?
Allen may still be criminally prosecuted in state court because it is a separate sovereign.
- 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:
The U.S. Supreme Court
- 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?
A decision by the Supreme Court of the state of Arkansas
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?
Yes, the Arkansas Supreme Court is the ultimate interpreter of Arkansas law
The “common law” is a system of law that has developed primarily on which of the following doctrines:
Stare Decisis
A jury in a criminal case finds the accused to be “not guilty.” What does this indicate?
The prosecution failed to prove its case beyond a reasonable doubt.
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?
Criminal trial, because the prosecutor must prove Emma guilty beyond a reasonable doubt
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?
Yes, because this is binding precedent in the state of Texas.
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?
Deny Officer Smith’s motion because the state and federal governments are separate sovereigns.
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?
The judiciary because of the power of judicial review as established in Marbury v. Madison.
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?
The opinion of the Texas court only because that court is the ultimate interpreter of Texas law
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:
Does not have to follow the Arkansas opinion because it is not binding precedent in Nebraska
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?
The suit will be dismissed because of the state action doctrine
The “system” of law which is used in 49 is:
Common Law
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?
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.
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?
Yes: the Arkansas Supreme Court is the ultimate interpreter of Arkansas law.
- 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?
At a later date the Supreme Court can overrule this precedent
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?
An opinion of the U.S. Supreme Court
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?
Dismissed, because there is no state action.
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?
Adam cannot be tried again by the state because of the double jeopardy rule.
The origin of the common law system is based primarily on which of the following?
Written decisions of British judges.
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?
Vote in favor of the plaintiff
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?
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
What important rule of law was first announced in the famous U.S. Supreme Court case of Marbury v. Madison (1803)?
Courts have the power of judicial review.
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?
A decision by the Arkansas Supreme Court
The doctrine of “stare decisis” is most closely associated with:
Common Law.
A jury voted that a defendant was “not guilty.” Which of the following is correct?
The prosecuting attorney failed to prove its case beyond a reasonable doubt.
The common law system relies on which of the following:
stare decisis
The doctrine of “burden of proof” is an important part of U.S. law. Which of the following is correct regarding this doctrine?
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.”
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?
State Government
Federal Government
the U.S. Postal Worker.
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?
Yes, as Congress has the right to change statutory law if they disagree with Supreme Court interpretations.
Which of the following is a “Uniform” statutory law prepared by the National Conference of Commissioners on Uniform State Law?
Uniform Commercial Code
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?
A decision by the Arkansas Supreme Court
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)?
Arkansas Supreme Court
A system of law that developed primarily on legal precedent is known as:
Common Law
The doctrine of “burden of proof” is an important part of U.S. law. Which of the following is correct regarding this doctrine?
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.”
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?
Rule 11
Which of the following would you expect to observe in an appellate court hearing?
Justices
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?
State court in Texas
Which of the following kinds of cases CANNOT be brought in state court?
Cases involving patents and copyrights
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:
The Eighth Circuit Court of Appeals
In which of the following kinds of cases would a lawyer be most likely to seek payment based on a “contingency fee?”
Representing a plaintiff in a slip and fall case in a Wal-Mart store
In both civil and criminal cases, it is the responsibility of the jury to:
Resolve questions of fact.
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:
Race
Gender (sex)
Which of the following rulings by a trial court judge can be made after the jury renders its verdict?
Judgement NOV
Which of the following is true when a deposition is used in a civil case?
Testimony is taken under oath.
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:
The commission as a whole.
When a federal administrative agency develops a new regulation it cannot take effect until which of the following occurs?
Public comment for at least 30 days.
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?
Frivolous lawsuit.
You have been chosen as a juror in a civil trial. Which of these is your primary responsibility?
Resolve questions of fact.
Which of the following would you normally expect to see in an appellate court hearing?
Justices
U.S. Federal District Court (trial court) judges are normally selected by the following?
Nominated by the President and confirmed by the U.S. Senate.
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?
Texas state court
U.S. District court in Texas
Which of the following kinds of cases can be heard exclusively in federal court?
Cases in which the United States is a party.
The U.S. Court of Appeals (Eighth Circuit) normally hears cases from which of the following?
U.S. District Courts in Arkansas
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?
The potential juror is a woman
You have been called upon to give a deposition prior to a civil trial. Which of the following is correct?
The deposition is taken under oath.
Lawyers may question you in the deposition
Which of the following occurs during the course of a trial but may not be considered during deliberations?
Opening statement by the lawyers.
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?
You can seize “non-exempt” assets owned by the defendant.
You can garnish the defendant’s wages.
According to Article III of the Constitution, justices of the Supreme Court and the inferior courts shall hold their offices:
During good behavior.
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?
Convenience of the police
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?
Yes, under the Full Faith and Credit clause.
Which of the following forms of speech are generally considered to be fully “protected” by the first amendment?
Symbolic speech.
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:
A rational basis test.
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?
Commerce clause
Based upon Article Two of the Constitution the Executive Branch has which of the following powers?
Serve as Commander in Chief of the Army and Navy.
Nominate Supreme Court Justices, subject to approval by the Senate
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?
Alabama
Florida
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:
The due process clause of the 14th amendment
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?
Power of Congress to regulate interstate commerce
Based upon Article Two of the Constitution, the Executive Branch has which of the following powers?
Make treaties, subject to approval by the Senate
Nominate Supreme Court judges, subject to approval by the Senate
Justices of the U.S. Supreme Court remain justices:
During good behavior
Fourth Amendment precedent holds that a search based on _________________ is constitutional
Convenience of the police.
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?
In favor of Fayetteville because their law is a content neutral restriction.
Which of the following forms of speech are generally considered to be fully “protected” by the first amendment?
Symbolic speech.
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:
Rule in favor of the city because the restriction is content neutral.
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:
A compelling state interest
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:
The Due Process Clause of the 14th amendment
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?
Yes, under the full faith and credit clause
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?
At a later date the Supreme Court can overrule this precedent in a case brought before it.
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?
Commerce clause.
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:
The ninth amendment (enumeration of rights does not deny others retained by the people)
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:
Due process clause of the 14th amendment.
If the University of Arkansas were to require all students to attend a Catholic mass every Sunday, this would probably be considered:
A violation of the establishment clause in the first amendment
Which of the following forms of speech are considered by judicial precedent to be “unprotected speech?”
I. Speech which presents a clear and present danger
II. Speech which is defamatory
III. Speech which is obscene
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?
Whether the government had a compelling interest for treating people differently under the law.
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?
Yes, because it was a spontaneous statement
Which of the following best describes the doctrine of “judicial review?”
The right of the judicial branch to determine whether the actions of other branches of government are constitutional.
The Full Faith and Credit Clause of the U.S. Constitution requires which of the following?
a state must honor rights established in another state regarding deeds, wills, contracts and court judgments
Which of the following ADR procedures is the most popular and is often required by judges before a trial date can be schedule?
Mediation
Which of the following is the usual order events of a civil case?
Complaint, service of process, answer, discovery, trial
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?
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.
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:
Big Bank has minimal contacts with Arkansas under the long ark statute.
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?
You can file your lawsuit in either a state court or a federal court in Arkansas since a federal question is at issue.
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?
The jury because this is a question of fact.
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?
Federal court in Arkansas
Federal court in Tennessee
State court in Arkansas
State court in Tennessee
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?
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
Which one of the following is evidence a jury can consider?
A statement made by an eye-witness who was only 17-years-old
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:
Motion for directed verdict
In which of the following courts would you normally be entitled have your case heard by a jury?
U.S. District Court
In which of the following courts would the court normally be expected to hear the testimony of witnesses?
U.S. District Court
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:
Ask the sheriff to seize his non-exempt assets or cause a wage garnishment to be issued to his employer
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?
Arkansas state court.
Missouri state court.
A U.S. District Court in Arkansas may exercise personal jurisdiction over an out of state defendant if::
The defendant had minimal contacts with the state.
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?
Either state court or a federal court in Texas since a federal question is at issue.
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:
The store as there was a lack of state action
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?
Total number of their representatives in the House plus total number of their senators
Which of the following forms of speech are NOT protected by the first amendment?
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.
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?
No, because of the exclusionary rule.
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:
Was in violation of the 9th amendment which states that certain unstated rights are retained by the people
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:
Strict scrutiny test.
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?
Incorporation doctrine.
The principle of “federalism” is most closely associated with:
The allocation of powers between the federal and state governments.
The doctrine of “judicial review” refers primarily to which of the following?
The courts have the power to review governmental actions to determine whether they violate the constitution.
Article One of the Constitution gives certain powers to the legislative branch (Congress). Which of these is NOT one of those powers?
Disqualify and remove justices of the individual states.
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?
No, as there is no state action in this situation.
Some forms of speech are not protected by the first amendment. This would generally include which of the following forms of speech?
I. Speech which presents a clear and present danger.
II. Speech which is defamatory.
III. Speech which is obscene.
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:
Ninth amendment (rights retained by the people)
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:
The rational basis test.
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?
Conformity bias
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 __________.
Role morality
Which of the following is true about corporate social responsibility under the stakeholder theory?
Corporations should consider impacts upon constituents such as suppliers and the community.
Which of the following is true about ethical codes?
Some professions, such as certified public accountants, doctors, and lawyers, require taking an ethics exam and adherence to a code of ethics
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?
Deny the motion for dismissal because there is a state action
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?
No, because of the Miranda warning rule
If a person is arrested and is not “read his Miranda rights” the usual consequence of this oversight by the police is:
Statements made by the accused cannot be used against him in the ensuing trial
The Supreme Court case of Gideon v. Wainwright extended the “right to counsel” to which of the following:
criminal defendants in misdemeanor cases.
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?
No, because of the Miranda rule
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?
Deny the motion for dismissal because there is a state action
Outcome based ethics focuses on _________________________.
Consequences
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?
military
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?
Mega Company is only concerned with following the law.
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:
The warrant was required and the presence of the stolen goods in Wilson’s house cannot be used as evidence in a criminal trial.
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?
No because of the exclusionary rule
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?
Yes, because it was a spontaneous statement
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 _______________________. (
Probable cause to believe the search will reveal evidence of a specific crime.
A jury has ruled that a defendant is “not guilty.” What does this indicate?
The prosecution failed to prove its case beyond a reasonable doubt.
In which of the following kinds of cases would federal courts have exclusive jurisdiction?
Cases in which the U.S. is a party.
Cases involving patents or copyrights.
Interrogatories and depositions are types of what?
Discovery
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?
this is called a directed verdict
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?
Garnish part of Jack’s wages.
Have the sheriff seize and sell Jack’s non-exempt assets.
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?
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.
Which of the following forms of ADR generally results in a ruling by a neutral third party which is BINDING on the parties?
Arbitration
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:
Arbitration
Many trial courts require that the parties engage in which of the following forms of ADR before a trial date can be scheduled?
Mediation
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?
No, as the exhaustion of remedies doctrine would be violated.
Under the federal Administrative Procedures Act before a federal regulation can take effect there must be a 30 day period of time for:
Comment by the public.
Which of the following is NOT generally considered to be a reason for the popularity of Alternative Dispute Resolution (ADR)?
Results in a decision which operates as a legal precedent for future cases
In which of the following would a lawyer be most likely to receive payment from a client on the basis of a “contingency fee?”
Representing a client who is injured in a car accident.
“Rule 11” is part of the rules of procedure in civil court. This rule allows a trial court judge to:
Penalize a lawyer for filing a frivolous lawsuit.
The primary role of the jury in a civil trial is to:
Resolve questions of fact.
In which of the following kinds of courts would witnesses be called to testify?
Trail Courts
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:
U.S. Court of Appeals
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?
State court in Texas
Federal court in Texas.
Which of the following kinds of civil cases can be heard ONLY in federal court?
Cases involving whether or not a copyright is valid.
Which of the following is a part of “discovery” in a civil trial?
Deposition
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?
Race
Gender (sex)
Which of the following can be used by a trial court judge PRIOR to a civil case going to trial?
Summary judgement
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:
Seize the defendant’s non-exempt assets and have them sold to satisfy the debt
Garnish the defendant’s wages
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?
Arbitration
If a federal administrative agency has authority to resolve a dispute within the jurisdiction of the agency the initial ruling will be issued by:
Administrative Law Judge
When a federal administrative agency develops a new regulation it cannot take effect until which of the following occurs?
Public comment is allowed for at least a period of 30 days.
Prior to enacting a rule, a federal administrative agency must set aside 30 days for:
Public comment
