Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

COMM LAW 3410 > Quiz Questions! > Flashcards

Quiz Questions! Flashcards

You may prefer our related Brainscape-certified flashcards:
MPRE flashcards MBE flashcards Civil Procedure 1L flashcards
1
Q

if an act is legal, is it also ethical?

A

NO, the law is the moral minimum

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

the “moral minimum” is

A

law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

which one of the following describes the major difference between law & equity

A

the remedies available

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

a party may seek equitable remedies…

A

only if legal remedies are insufficient

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

contempt power allows a judge to

A

send a person who does not comply with a court order to jail

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

the rule of LAW differ from the rules of EQUITY:

A

the rules of law are very strict and inflexible

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

courts of equity…

A

do NOT involve juries

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

the only state which still has a separate court of law and court of equity is:

A

Delaware

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Chelsea is a state court judge. Like judges in most state courts, in a particular case, she may grant:

A

a remedy in equity AND a remedy at law if the case warrants it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Starlight Cafe brings a suit, seeking a remedy at law. A remedy at law is

A

the payment of money or property as compensation for damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

the Commerce Clause has what effects?

A
  • it provides a broad source of power for the federal gov to regulate the national economy
  • it restricts state regulations that obstruct/unduly burden interstate commerce
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

which of the following activities is/are regulated by the fed gov through its exercise of the commerce power?

A

growing & selling medical marijuana

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

the USSC determined that a DC law criminalizing gun possession on school grounds was unconstitutional. The Court based their reasoning on the fact that this activity was…

A

neither commercial nor economic

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

the USSC held that the individual mandate provision included in “Obamacare” was…

A

constitutional, because it was a tax

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

in Burwell v Hobby Lobby Stores, the USSC held that an employer could not be required by law to provide its employee’s with free access to contraception under the:

A

exercise clause of the 1st Amendment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

the following symbolic actions have been found by the USSC to be protected by the 1st Amendment to the US constitution:

A

burning an American flag

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

the 2nd Amendment protects an individual’s

A

right to bear arms

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

the USSC changed the law dramatically when they ruled in the DC v Heller and McDonald v Chicago cases, that possession of a weapon, under the 2nd Amendment is a

A

fundamental right

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

the provision in the constitution that requires all states honor each other’s laws and court decisions, is known as the

A

full faith & credit clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

UVA may charge out of state students more for tuition based on

A

a limit (exception) to the privileges and immunity clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

The ___ and ___ Amendments prohibit the fed and state govs from depriving anyone of life, liberty, or property w/o due process of law

A

5th & 14th

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

the exclusionary rule means:

A

evidence that was obtained through an illegal search & seizure may not be used at trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

in Miranda v Arizona, the USSC found that an individual:

A
  • has the right to remain silent
  • that anything an individual says can be used against him in a court of law
  • that an individual has the right to an attny
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

the USSC held in Ohio v Terry that a police officer may temporarily stop & frisk a person for weapons if:

A

they have reasonable suspicion that the defendant is armed and has possibly committed a crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

the police need to have ____ in order to briefly detain an individual; known as a Terry Stop

A

reasonable suspicion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

the 4th Amendment to the Constitution:

A

prohibits unreasonable search & seizure

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

the 4thA prohibition on unreasonable searches & seizures w/o a warrant and probable cause, had little effect for more than a century after it was ratified because:

A

there was no exclusionary rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

the USSC had found that the following searches are permitted w/o a warrant:

A
  • the person arrested & his surroundings
  • things in plain view of the officer
29
Q

in 1914, in Weeks v US, the USSC created the “exclusionary rule” which

A

prohibits fed courts from considering evidence illegally obtained

30
Q

The Texas state legislature and US congress enact laws. These laws constitute:

A

statutory law

31
Q

the part of a statute that specifies the punishment for violating that statute is knows as the:

A

remedial part

32
Q

the following are requirements for a statute, it must be:

A

constitutional

33
Q

an administrative agency is granted its specific powers to establish regulations and punishments in:

A

an enabling statute

34
Q

common law refers to:

A

law made when judges decide cases and then follow those decisions in later cases

35
Q

the term “stare decisis” means:

A

follow the decision of a higher court of a case that is the same or similar to the present case

36
Q

when is precedent NOT followed?

A

it’s possible that precedent would not be followed when…
- the precedent was incorrect
- technology has changed
- there are changes in public opinion about an issue

37
Q

federal judges are appointed for:

A

life

38
Q

ex post facto laws are created by:

A

the courts

39
Q

the type of statute that allows for a state to have jurisdiction over a non-resident is known as a:

A

long arm statute

40
Q

according to the “American Rule” when contracting parties litigate over a breach:

A

each party pays its own attny fees, regardless of who wins

41
Q

which of the following remedies is an equitable remedy:

A

specific performance

42
Q

Uma wants to initiate a suit against Valley Vacation Tours by filing a complaint. The complain should include:

A

statement of the facts necessary to show Uma is entitled to relief

43
Q

written questions presented to a party by another party in a civil proceeding are known as:

A

interrogatories

44
Q

the first pleading document that a plaintiff must file in a civil lawsuit is

A

a complaint

45
Q

the ___ has control in a criminal trial

A

prosecutor

46
Q

Julie is a witness in a civl action, and she wants to exercise her 5th amendment right.

A

she may not exercise her 5thA right in a civil action

47
Q

in contrast to a criminal case, in a tort/civil case:

A

the victim is the plaintiff

48
Q

Glen has been charged with murder. The prosecutor must prove Glen’s guilt:

A

beyond a reasonable doubt

49
Q

if the “style” of the case is “Jones v Brown” the case is a:

A

civil case

50
Q

the exception to establishing Scienter

A

holds accountants to a “reckless disregard” of the falsity of the statement standard

51
Q

Bill sued Thomas for fraud. At trial he must prove his case:

A

by clear and convincing evidence

52
Q

in which of the following situations would an individual have to fully disclose all info to the other party?

A

when entering into a prenuptual agreement

53
Q

which of the following does NOT qualify as a material statement for the tort of fraud?

A
  • promise
  • opinion
  • silence (w/ exceptions)
54
Q

false light requires ___ and defamation requires ____

A

publicity to the general public; publication to one other

55
Q

appropriation of a private person’s likeliness requires what type of harm:

A

emotional harm

56
Q

hacking into someone’s computer is an example of what type of invasion of privacy:

A

intrusion

57
Q

a photographer taking photos of a movie star with a telephoto lens would NOT be guilty of intrusion of the

A

movie star was in a public building at the time

58
Q

which one of the following is NOT one of the torts included within the tort of invasion of privacy?

A

nuisance

59
Q

the duty of care owed to an adult trespasser is:

A

nothing

60
Q

which of the following is NOT an element of negligence?

A

intent

61
Q

the ___ decides if the defendant has a duty?

A

judge

62
Q

the standard of care in negligence is determined by:

A

the reasonably prudent person standard

63
Q

which of the following is NOT a defense to negligence?

A

absolute liability

64
Q

what should be included in a contract offer?

A
  • the quantity/quality of the goods/services
  • a description of the goods/services being provided
  • payment terms
65
Q

can a contract be verbal?

A

yes, as long as it’s agreed upon by both parties

66
Q

the tort that does not take into account the fault of the defendant is:

A

strict liability

67
Q

when someone agrees to not sue someone, and puts this in writing, it’s known as an:

A

exculpatory agreement

68
Q

the legal test used to determine proximate causation for a negligence cause of action is:

A

the forseeability test

COMM LAW 3410 (14 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions