Midterm Flashcards
Bella sues Joe in GA and receives a $5k judgement. Joe has land in CA. Bella wants to enforce her judgment in CA against Joe’s land. What provision of the US Constitution is
applicable?
Full faith and credit
What constitutional provision applies to the right to an attorney?
6th
Name the 3 types of speech the first amendment doesn’t cover.
- Slander/ Liable
- Pornography/ Obscenity
- Fighting Words
Sally holds up a sign with pictures on MTSU property protesting cruelty which causes Jane emotional distress. Can Jane sue Sally for emotional damages? Why or why not.
No, Sally is protected by the first amendment.
Sally holds up a sign with pictures on MTSU property protesting the slaughter of chickens. Sally is employed by Tyson and Tyson fires her. Does sally have a case?
No, Tyson is a private company
If I put the Ten commandments in MTSU Classrooms- what constitution provision might be violated?
First amendment
If I put the ten commandments in MTSU classroom- what factors does the US Supreme court look to determine if it violates the US Constitution?
- Historical is allowed
- Religious is not allowed
TN passes a law that the state must hire TN Residents before it hires out of state residents. What constitutional provision applies?
Privileges or Immunities
Sam has to testify in a criminal trial against his brother. Sam has knowledge about his brother’s criminal activities. Does Sam have to answer the question? Why?
Yes, the 5th amendment does not apply to Sam. It applies to his brother.
If a TN law conflicts with the first amendment the US constitution prevails. What constitutional provision applies?
Supremacy Clause
What amendment applies to the fruit of the poisonous tree?
4th
What does fruit of the poisonous tree mean?
4th amendment has been violated and all evidence gets thrown out
(4th amendment class activity) The standard for determining if the police had the constitutional right to look at joe’s phone is…
Reasonable expectation of privacy
What article and section in the US Constitution gives congress their powers?
Article 1 Section 8
What provision under the US Constitution says you have the right to jury trial?
- 7th Amendment
- Has to be over $20
The US Supreme court in the case ruled that limiting companies spending on political candidates is unconstitutional. What is the first “name” of the case?
Citizens United (limits 1st amendment right)
OJ Simpson was found not guilty. After the trial OJ states he killed his wife. What constitutional provision applies?
5th amendment
What is the legal standard utilized in the commerce clause whether or not congress can pass federal laws?
Substantial burden on interstate commerce
Lindsey Lohan files a lawsuit on publisher because they published, she relapsed on drugs. In order to have a tort claim, she must prove its false and made with…
Actual malice
Name law that governs labor organization- ie unions
National Labor Relations Act
Where do you file a complaint if you feel you’ve been discriminated against because you are pro union?
National Labor Relations Board
What law and section number makes it illegal for employers to have policies that discipline employees who discuss their wages?
Section 7 of National Labor Relations Act
What group of employees can never be in a union?
- Anyone who can hire, fire, or assign work
- Managers & supervisors
What percentage is required to petition for a union election?
30%
What are the cards called that employees sign to request representation by a union labor organization?
Authorization Cards
What percentage of the bargaining unit employees must vote in favor of a union in order for the union to represented?
50%
An employer allows employees to hand out information about
Yes, because section 7 of the NRLA
Name of contract that exist on behalf of the union bargaining unit employees and employer?
Collective bargaining agreement
Once the employer and union reaches impasse, what can the employer do?
- Lockout
- Strike
- Hire permanent replacement workers, often called “Scabs”
What does right to work mean?
Allows states to pass laws that you don’t have to join unions but still get benefits of CBA
What agency regulates unfair and deceptive ads?
Federal Trade Commission
Name one requirement for an ad to be deceptive
- Not truthful
- Doesn’t have evidence to back claims up
- Or misleading
If you aren’t using a Tech Computer, you aren’t using the best. What example is this and is it legal?
- Puffery
- legal
Best computers advertise Dell Computers $200. Jane gets to the store at 8am as soon as
it opens but there are not any. The salesperson tries to sell her a computer which costs
$1500. This called _______________________. Is it illegal?
- Bait and switch
- not legal
What is your legal right with regard to unsolicited merchandise received in mail?
I can keep it
What is the amount you might have to pay if you have unauthorized charges to your credit card?
$50
What amount could be held liable for if some steals and uses an unsolicited credit card application sent through the mail?
$0
4 elements of a contract
- Agreement
- Consideration
- Legality
- Capacity
Joe agrees to buy $15000 worth of tomatoes from Sally. At the last second, Joe breaches
the contract. Sally must try to sell the tomatoes. What is this called?
Duty to mitigate damages
Joe agrees to buy $1500 worth of tomatoes but Joe breaches the contract. Sally sells the
tomatoes and makes $5000. Sally can sue Joe for…
$10,000
What must Sally do to get attorney fees?
She has to have it in contract that she’s entitled to attorney fees
I put a sign up that anyone who rakes my leaves will receive $50. What type of contract is this?
Unilateral
Stanley Ladder Inc. hires Joe and they both verbally agree that Joe will be paid $70.000 the first six month and them $85,000 after that. Stanley Ladder refuses to pay Joe $85,000 later. Is this an enforceable contract? Why or why not?
No; it’s a verbal agreement.
Lucy and Zehmer are at a restaurant. Lucy verbally agrees to buy Zehmer’s land for $25,000 and Zehmer verbally agrees to sell his land to Lucy for $25,000. Is this an enforceable contract? Why or why not?
- No
-verbal agreement - land has to be in writing
Sam agrees to buy the red car from Sally. Only Sally believes it is her truck while Sam believes it is her Cadillac. What is the name of the rule?
Mirror Image Rule
Joe lives in TN. The first 10 Amendments which are called the “Bill of Rights” protects Joe against actions by who?
Federal Government
Sam wants burning the flag to be a criminal offense. What needs to be done?
Amend the US Constitution
Austin receives a small business loan from Small Business Loan Inc. to start his new business. Austin’s aunt, Sally loans Austin $5000 to make repairs to his house. Austin borrows money from First Bank to buy kitchen’s appliances from Best Buy.
Which transaction(s) is/are subject to the Truth-in-Lending Act?
The last transaction is the only one subjected because there is a lender.
3 things 6th amendment gives rights to
- speedy trial
- confirm witnesses
- attorney
what article & section is full faith & credit derived from?
Article 4 section 1
what does full faith and credit mean?
state courts respect the laws and judgments of courts from other states
What is Privileges or Immunities?
respect to the civil rights associated with both state and national citizenship
