Exam 1 Study Questions

Question 1

Commerce Clause

Answer 1

Clause that gives the national government the authority over interstate commerce

Question 2

What are the Four Sources of Law?

Answer 2

The US Constitution and State Constitutions
Statutory Law
Administrative Agency Regulations
Case Law and Common Law

Question 3

Supremacy Clause

Answer 3

The Constitution is the Supreme Law of the Land

Question 4

What is the general process of enacting statutory law?

Answer 4

1. Bill goes through the House of Representatives and some committees until it passes
2. Bill goes to Senate where it goes through committees until a new version is passed
3. The Conference Committee reconciles differences between the House and Senate versions
4. It goes back to the House and Senate where it must pass before being sent to the President

Question 5

How is an Administrative Agency Created

Answer 5

They’re created through Acts that detail the organization and give it a termination date

Question 6

Examples of Administrative Agencies

Answer 6

Executive Agencies (FDA)
Independent Regulatory Agencies (SEC)

Question 7

What powers does an Administrative Agency have?

Answer 7

They can create laws and regulations
They can enforce those laws
They can judge disputes about those laws

Question 8

What influences are there on the creation of statutes and administrative regulations?

Answer 8

Other than the inherit goals of the politicians there are also lobbyists and activist groups that put pressure on the politicians creating the statutes and regulations

Question 9

Lobbying

Answer 9

People who advocate to politicians in the government on behalf of the organizations that hire them

Question 10

Common Law

Answer 10

Rules that have come up from an evolution and history of past rulings

Question 11

What are the tiers of the US Court System?

Answer 11

Highest Appellate Court
Intermediate Appellate Court
Court of Original Jurisdiction

Question 12

What is the Bifurcated Court System?

Answer 12

A Court system that is separated into Federal and State courts

Question 13

Jurisdiction

Answer 13

The Power to Speak the Law

Question 14

General Jurisdiction vs Limited Jurisdiction

Answer 14

General Jurisdiction is over a general area while Limited Jurisdiction is over specific issues in an area

Question 15

In what states can a business be sued?

Answer 15

Where they are incorporated
Where they are headquarter or have a principal place of business
Where they are doing business

Question 16

Why does a business care where it is subject to a suit?

Answer 16

Because if it is not in their home state it can become very expensive

Question 17

Forum Selection Clause

Answer 17

In a contract it designates the jurisdiction where contract disputes will be litigated

Question 18

Choice of Law Clause

Answer 18

In an international contract, it designates which nations law will be used

Question 19

What are the disadvantages of litigation?

Answer 19

It can be very very expensive

Question 20

3 Types of Alternative Dispute Resolution

Answer 20

Negotion
Mediation
Arbitration

Question 21

What should one consider in deciding the best strategy for dispute resolution?

Answer 21

Essentially, which one will be the quickest and cheapest to get the result you want.

Question 22

Compensatory Damages

Answer 22

Money award equivalent to the actual value of injuries or damages sustained

Question 23

Difference between Special Damages and General Damages

Answer 23

Special Damages compensate for quantifiable monetary losses
General Damages compensate for nonmonetary aspects of the harm suffered

Question 24

Punitive Damages

Answer 24

Damages granted to punish the wrongdoer and deter other from doing what they did

Question 25

When will a court impose Punitive Damages

Answer 25

When the defendents conduct was particularly outrageous or shameful
Usually given for intentional torts but can be given for gross negligence

Question 26

Tort Reform

Answer 26

Creating laws that disincentivize abuse of the tort system

Question 27

How does Tort Liability affect Businesses?

Answer 27

Businesses must be prepared and knowledgeable about the risks that they are exposed to

Question 28

Differences between Civil and Criminal Law

Answer 28

Civil law deals with civil matters, while Criminal law deals with wrongs against society
Civil gets or loses you money, Criminal can put you into jail

Question 29

What are the Elements of Trespass to Land?

Answer 29

1. Physical Entry (either on, above, or below)
2. Without Consent

Question 30

What are the affirmative defenses to Trespass to land?

Answer 30

Main one is Justification, that there was a reason for the trespass

Question 31

2 Elements of False Imprisonment

Answer 31

1. Intentional Detention
2. Without consent

Question 32

Shopkeepers Privilege

Answer 32

Privilege shopkeeper has to stop shoplifters

Question 33

3 Elements of Shopkeepers Privilege

Answer 33

1. Reasonable suspicion of shoplifting
2. Reasonable manner of detention
3. Reasonable time of detention

Question 34

4 Elements of Defamation

Answer 34

1. False statement of fact
2. Communication to a 3rd Party or publication
3. Harm to the defamed party
4. Malice if the plaintiff is a public figure

Question 35

4 Affirmative Defenses to Defamation

Answer 35

1. Truth
2. Qualified Privilege
3. Absolute Privilege
4. Consent

Question 36

5 Elements of Negligence

Answer 36

1. Duty to Use Reasonable Care
2. Breach of Duty
3. Injury
4. Actual Causation
5. Proximate Causation

Question 37

2 factors that show a duty exists

Answer 37

1. Risk is foreseeable
2. Risk is under the defendant’s control

Question 38

How are plaintiffs classified in premises liability cases?

Answer 38

Trespasser
Licensee
Invitee

Question 39

What constitutes reasonable care for each type of plaintiff in premises liability cases?

Answer 39

Trespasser - Don’t injure them intentionally
Licensee - If owner has actual knowledge of an obvious defect they must warn the licensee
Invitee - Owner is obligated to mitigate the risk of unreasonably dangerous defects if they have actual or constructive knowledge of them

Question 40

What 5 factors will a court consider in determining whether a third-party crime is reasonably foreseeable?

Answer 40

(PPRFS)
Proximity
Publicity
Recency
Frequency
Similarity

Question 41

Actual Causation

Answer 41

The defendants conduct must be a contributing factor to the plaintiff’s injury but must be significant enough that without it the plaintiff would not have been injured

Question 42

Proximate Causation

Answer 42

The Plaintiffs injury was a foreseeable result of the defendant’s conduct

Question 43

2. Affirmative Defenses to Negligence

Answer 43

Assumption of Risk
Comparative Negligence

Question 44

When may a business be vicariously liable for the tortious conduct of an agent?

Answer 44

When they are acting under the scope of employment
(Must also be an employee for Negligence cases)