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BLAW > Midterm > Flashcards

Midterm Flashcards

1
Q

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?

A

Full faith and credit

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2
Q

What constitutional provision applies to the right to an attorney?

A

6th

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3
Q

Name the 3 types of speech the first amendment doesn’t cover.

A
  • Slander/ Liable
  • Pornography/ Obscenity
  • Fighting Words
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4
Q

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.

A

No, Sally is protected by the first amendment.

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5
Q

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?

A

No, Tyson is a private company

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6
Q

If I put the Ten commandments in MTSU Classrooms- what constitution provision might be violated?

A

First amendment

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7
Q

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?

A
  • Historical is allowed
  • Religious is not allowed
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8
Q

TN passes a law that the state must hire TN Residents before it hires out of state residents. What constitutional provision applies?

A

Privileges or Immunities

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9
Q

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?

A

Yes, the 5th amendment does not apply to Sam. It applies to his brother.

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10
Q

If a TN law conflicts with the first amendment the US constitution prevails. What constitutional provision applies?

A

Supremacy Clause

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11
Q

What amendment applies to the fruit of the poisonous tree?

A

4th

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12
Q

What does fruit of the poisonous tree mean?

A

4th amendment has been violated and all evidence gets thrown out

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13
Q

(4th amendment class activity) The standard for determining if the police had the constitutional right to look at joe’s phone is…

A

Reasonable expectation of privacy

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14
Q

What article and section in the US Constitution gives congress their powers?

A

Article 1 Section 8

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15
Q

What provision under the US Constitution says you have the right to jury trial?

A
  • 7th Amendment
  • Has to be over $20
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16
Q

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?

A

Citizens United (limits 1st amendment right)

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17
Q

OJ Simpson was found not guilty. After the trial OJ states he killed his wife. What constitutional provision applies?

A

5th amendment

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18
Q

What is the legal standard utilized in the commerce clause whether or not congress can pass federal laws?

A

Substantial burden on interstate commerce

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19
Q

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…

A

Actual malice

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20
Q

Name law that governs labor organization- ie unions

A

National Labor Relations Act

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21
Q

Where do you file a complaint if you feel you’ve been discriminated against because you are pro union?

A

National Labor Relations Board

22
Q

What law and section number makes it illegal for employers to have policies that discipline employees who discuss their wages?

A

Section 7 of National Labor Relations Act

23
Q

What group of employees can never be in a union?

A
  • Anyone who can hire, fire, or assign work
  • Managers & supervisors
24
Q

What percentage is required to petition for a union election?

A

30%

25
Q

What are the cards called that employees sign to request representation by a union labor organization?

A

Authorization Cards

26
Q

What percentage of the bargaining unit employees must vote in favor of a union in order for the union to represented?

A

50%

27
Q

An employer allows employees to hand out information about

A

Yes, because section 7 of the NRLA

28
Q

Name of contract that exist on behalf of the union bargaining unit employees and employer?

A

Collective bargaining agreement

29
Q

Once the employer and union reaches impasse, what can the employer do?

A
  • Lockout
  • Strike
  • Hire permanent replacement workers, often called “Scabs”
30
Q

What does right to work mean?

A

Allows states to pass laws that you don’t have to join unions but still get benefits of CBA

31
Q

What agency regulates unfair and deceptive ads?

A

Federal Trade Commission

32
Q

Name one requirement for an ad to be deceptive

A
  • Not truthful
  • Doesn’t have evidence to back claims up
  • Or misleading
33
Q

If you aren’t using a Tech Computer, you aren’t using the best. What example is this and is it legal?

A
  • Puffery
  • legal
34
Q

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?

A
  • Bait and switch
  • not legal
35
Q

What is your legal right with regard to unsolicited merchandise received in mail?

A

I can keep it

36
Q

What is the amount you might have to pay if you have unauthorized charges to your credit card?

A

$50

37
Q

What amount could be held liable for if some steals and uses an unsolicited credit card application sent through the mail?

A

$0

38
Q

4 elements of a contract

A
  • Agreement
  • Consideration
  • Legality
  • Capacity
39
Q

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?

A

Duty to mitigate damages

40
Q

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…

A

$10,000

41
Q

What must Sally do to get attorney fees?

A

She has to have it in contract that she’s entitled to attorney fees

42
Q

I put a sign up that anyone who rakes my leaves will receive $50. What type of contract is this?

A

Unilateral

43
Q

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?

A

No; it’s a verbal agreement.

44
Q

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?

A
  • No
    -verbal agreement
  • land has to be in writing
45
Q

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?

A

Mirror Image Rule

46
Q

Joe lives in TN. The first 10 Amendments which are called the “Bill of Rights” protects Joe against actions by who?

A

Federal Government

47
Q

Sam wants burning the flag to be a criminal offense. What needs to be done?

A

Amend the US Constitution

48
Q

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?

A

The last transaction is the only one subjected because there is a lender.

49
Q

3 things 6th amendment gives rights to

A
  • speedy trial
  • confirm witnesses
  • attorney
50
Q

what article & section is full faith & credit derived from?

A

Article 4 section 1

51
Q

what does full faith and credit mean?

A

state courts respect the laws and judgments of courts from other states

52
Q

What is Privileges or Immunities?

A

respect to the civil rights associated with both state and national citizenship

BLAW (5 decks)

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