Test 1 Flashcards
Mens rea is an element of most serious crimes.
True or False?
True
In terms of negligence theory, which of the following is true about breach of duty?
In terms of the liability of a defendant, breach of duty is considered as serious as a criminal offense.
A person is guilty of breach of duty if he or she exposes another person to a foreseeable and unreasonable risk of harm.
The defendant is liable for the plaintiff’s injury even if the defendant exercised reasonable care.
A breach of duty occurs only when the defendant’s actions violate a state or federal statute.
A person is guilty of breach of duty if he or she exposes another person to a foreseeable and unreasonable risk of harm.
Publication of matters of public record cannot be the basis of a successful suit for invasion of privacy.
True or False?
True
The tendency for members of a group to internalize the group’s values and perceptions and to suppress critical thought is known as __________.
herd behavior
groupthink
risky shift
social malingering
groupthink
Courts are unwilling to provide trademark protection to a term if it is __________.
descriptive
generic
suggestive
arbitrary
generic
A patent:
creates a permanent monopoly thereby discouraging the creation and utilization of new products and technologies.
deprives competitors of the opportunity to use the invention without the patent holder’s consent.
includes articles or processes falling under the category of physical phenomena or abstract ideas.
grants its owner the exclusive right to make, use, or sell an invention or process for an indefinite period.
deprives competitors of the opportunity to use the invention without the patent holder’s consent.
In terms of the constitutional safeguards set forth in the Fourth and Fifth Amendments to the United States Constitution, nontestimonial evidence such as fingerprints, hair samples, bodily fluids, and cells cannot be obtained through the prosecution’s compulsion of the defendant.
True or False
False
Which of the following is true regarding Section 2 of the Sherman Act?
In order to prove a violation of Section 2, the government or a private plaintiff need not establish that the defendant firm has monopoly power.
Section 2 prohibits contracts, combinations, and conspiracies.
Section 2 does not outlaw monopolies.
Joint action is necessary in order to violate Section 2.
Section 2 does not outlaw monopolies.
Under strict scrutiny analysis, to demonstrate that a government action is constitutional, the government must demonstrate that:
there is no restriction on commercial speech.
it is pursuing a governmental end in the most intrusive manner.
its action bears a rational relationship to its desired end.
it is pursuing a compelling government interest in the least intrusive manner.
it is pursuing a compelling government interest in the least intrusive manner.
Adia files a lawsuit against Chang in an Ohio court. Chang, a citizen and resident of neighboring Indiana, has never visited Ohio and has no personal ties with anyone in Ohio. Chang can successfully argue that the Ohio court:
must defer to the jurisdiction of a federal district court.
lacks standing to hear the case, since the case involves diversity of citizenship.
has legal reciprocity with Indiana, the state where Chang resides.
lacks personal jurisdiction.
lacks personal jurisdiction.
Full rule of reason analysis _____.
cannot be determined until after a court conducts a thorough market analysis
applies to restraints that are prima facie illegal, such as per se restraints
is a superficial form of rule of reason analysis
is utilized for restraints that have an obvious adverse impact on competition
cannot be determined until after a court conducts a thorough market analysis
In the United States, which of the following can be patented?
New chemical compounds
Laws of nature
Physical phenomena
Abstract ideas
New chemical compounds
An intervening cause, which happens after the defendant’s negligent act and contributes to the plaintiff’s injury, can excuse the defendant from liability if it:
was an intentional tort.
could have been reasonably anticipated.
was unforeseeable.
was remotely related to the plaintiff’s injury.
was unforeseeable.
Under the First Amendment to the United States Constitution, commercial speech is:
completely suppressed, regardless of whether it is misleading or truthful.
subject to intermediate scrutiny, unlike political speech.
completely unregulated, unless it is expressed in writing.
subject to strict scrutiny, just like political speech.
subject to intermediate scrutiny, unlike political speech
For a person to be convicted of criminal behavior, the state must:
demonstrate a subsequent statutory prohibition of the act; prove beyond a reasonable doubt that the defendant committed every element of the criminal offense prohibited by the statute; and prove that the defendant had the capacity to form a criminal intent.
demonstrate a prior statutory prohibition of the act; prove by a preponderance of the evidence that the defendant committed every element of the criminal offense prohibited by the statute; and prove that the defendant had the capacity to form a criminal intent.
demonstrate a prior statutory prohibition of the act; prove beyond a reasonable doubt that the defendant committed every element of the criminal offense prohibited by the statute; and prove that the defendant had the capacity to form a criminal intent.
demonstrate a subsequent statutory prohibition of the act; prove by a preponderance of the evidence that the defendant committed every element of the criminal offense prohibited by the statute; and prove that the defendant had the capacity to understand the nature of the crime alleged.
demonstrate a prior statutory prohibition of the act; prove beyond a reasonable doubt that the defendant committed every element of the criminal offense prohibited by the statute; and prove that the defendant had the capacity to form a criminal intent.
Due to the constitutional prohibition of ex post facto laws, a new criminal statute applies only to actions taken after it becomes effective.
True or False
True
The attorney-client privilege rule prevents an attorney from divulging confidential information communicated to the lawyer by a client or potential client in the course of seeking to retain the attorney or otherwise seeking legal advice.
True or False
True
The Free Exercise Clause states that the government “shall make no law respecting an establishment of religion.”
True or False
False
RICO is designed to stop the entry of organized crime into legitimate business enterprises.
True or False
True
Most states have abandoned comparative negligence theory and adopted a contributory negligence system.
True or False
False
Horizontal price-fixing _____.
is an attempt by competitors to interfere with the market and control prices
is also called resale price maintenance
can be legally justified if there was a direct agreement between competitors
occurs when the manufacturer gets the retailer to agree to follow the suggested retail price
is an attempt by competitors to interfere with the market and control prices
Traditionally, __________ was imposed for those activities that were considered ultrahazardous.
negligence per se theory
negligence liability
the last clear chance doctrine
strict liability
strict liability
If a distributor persuades a manufacturer to refuse to deal with a rival distributor, the two parties _____.
do not violate Section 1 of the Sherman Act since this is a unilateral action
are conspiring to form a monopoly, thus directly violating Section 2 of the Sherman Act
are attempting vertical price-fixing
have committed a per se violation of Section 1 of the Sherman Act
have committed a per se violation of Section 1 of the Sherman Act
Which of the following is an example of procedural law?
Multiple Choice
The freedom of speech granted by the United States Constitution
The rules as to how a court’s judgment is to be enforced
The right of self-defense
The privilege of receiving food stamps
The rules as to how a court’s judgment is to be enforced
Which of the following results in injury to a person’s reputation?
Multiple Choice
Defalcation
Malice
Defamation
Battery
Defamation
Silverlight, Inc., a cell phone retailer, agrees to sell cell phones and related accessories manufactured only by Moore Corporation. This is an example of a(n) _____.
Multiple Choice
requirements contract
tie-in contract
adhesion contract
exclusive dealing contract
exclusive dealing contract
Federal antitrust laws apply to _____.
Multiple Choice
behavior that affects external economies other than the United States
any type of non-import trade
intrastate commerce exclusively
behavior that substantially affects interstate commerce or international trade
behavior that substantially affects interstate commerce or international trade
Which of the following is a true statement regarding a government “taking?”
Multiple Choice
If the government physically invades private property, a taking has occurred and compensation must be paid.
A zoning ordinance automatically constitutes a taking.
Every form of governmental interference with property ownership constitutes a taking.
Any time a landowner is denied some economically beneficial use of his or her property, a compensable taking has occurred.
If the government physically invades private property, a taking has occurred and compensation must be paid.
Numerous proposals designed to make corporations more sensitive to outside concerns have been offered throughout the past few decades. Those recommendations include __________.
Multiple Choice
changing the composition of the corporate board
converting the company from a publicly-traded to a closely-held corporation
giving shareholders less power
converting from a “line and staff” to a “line” organizational structure
changing the composition of the corporate board
Conversion is defined as:
Multiple Choice
the unlawful taking of or exercise of control over the personal property of another person.
the intentional confinement of a person for an appreciable time without the person’s consent.
the use of force to drive away a person’s customers or employees.
intrusion on a person’s solitude or seclusion and publishing private facts about a person.
the unlawful taking of or exercise of control over the personal property of another person.
Generally, people who do not do what a statute requires are considered to be __________.
Multiple Choice
grossly negligent
extremely reckless
negligent per se
strictly liable
negligent per se
The Fifth Amendment to the United States Constitution includes the __________.
Multiple Choice
Prohibition against excessive bail or fines
Prohibition against double jeopardy
right of confrontation
exclusionary rule
Prohibition against double jeopardy
Both federal and state laws spell out the specifics of cybercrime. Which of the following statements is true of these laws?
Multiple Choice
A corporation is not liable for the online activities of its employees.
Accessing the services of a commercial service provider without paying fees is a crime.
Only an individual may face liability based on the use of electronic communication; corporations are out of their purview.
Altering data stored in another person’s computer is not considered illegal.
Accessing the services of a commercial service provider without paying fees is a crime.
The states retain the exclusive power to regulate __________ commerce.
intrastate
interstate
international
All of the choices are correct.
intrastate
A rapist is criminally liable for the crime of rape and is also civilly liable for the torts of assault, battery, false imprisonment, and intentional infliction of emotional distress.
True or False
True
According to the Fourth Amendment to the United States Constitution, a warrant for a search or an arrest cannot be issued without __________.
Multiple Choice
probative evidence
reasonable suspicion
probable cause
due diligence
probable cause
Any behavior that has not been classified as a per se violation of Section 1 of the Sherman Act is judged under a strict liability analysis.
True or False
False
The Takings Clause of the United States Constitution is triggered by the power of __________.
Multiple Choice
res ipsa loquitur
eminent domain
equal protection
adverse possession
eminent domain
he Takings Clause of the United States Constitution is triggered by the power of __________.
Multiple Choice
res ipsa loquitur
eminent domain
equal protection
adverse possession
eminent domain
District courts:
Multiple Choice
are specialized courts in the federal court system.
only review the legal conclusions reached by lower federal courts.
are the intermediate courts of the federal court system.
have both fact-finding and law-finding functions.
have both fact-finding and law-finding functions.
When faced with the difficult problem of deciding what kinds of joint actions amounted to a restraint of trade, the courts concluded that some kinds of behavior always have a negative effect on competition and can never be excused or justified. These kind of acts are classed as per se illegal.
True or False
True
Which of the following is true of pleadings?
Multiple Choice
These are the first documents filed with the court, and they start and define the lawsuit.
Both disputed and undisputed matters in the pleadings are tried in court.
The case is set for trial on the court calendar once the pleadings have commenced.
The first step in starting a lawsuit is the serving of a summons on the defendant.
These are the first documents filed with the court, and they start and define the lawsuit.
Civil law defines breaches of duty to society at large.
True or False
False
Salim files a case against Nina for nonpayment of a debt. Before the trial, Nina is examined under oath in the presence of Salim’s attorney. This process of examination is known as a(n) __________.
Multiple Choice
deposition
direct examination
pretrial conference
interrogatory
deposition
From the language of Section 1 of the Sherman Act, it is apparent that the purpose of Section 1 is to attack unilateral action in restraint of trade.
True or False
False
A new claim stating that plaintiff owes the defendant damages because of harm resulting from the incident alleged in the complaint is called a(n) __________.
Multiple Choice
affirmative defense
counterclaim
motion for judgment notwithstanding the verdict
cross-claim
counterclaim
Conviction of a felony may, in some cases, also result in disenfranchisement.
True or False
True
In actions for malicious prosecution and for wrongful use of civil proceedings, a plaintiff must show that the:
Multiple Choice
wrongfully brought suit did not terminate in his favor.
suit was brought with probable cause.
wrongfully brought suit terminated in the defendant’s favor.
suit was brought for an improper purpose.
suit was brought for an improper purpose.
In actions for malicious prosecution and for wrongful use of civil proceedings, a plaintiff must show that the:
Multiple Choice
wrongfully brought suit did not terminate in his favor.
suit was brought with probable cause.
wrongfully brought suit terminated in the defendant’s favor.
suit was brought for an improper purpose.
suit was brought for an improper purpose.
The plaintiff’s burden of proof in a tort case is by a preponderance of the evidence. This means that when both sides have presented their evidence, the greater weight of the believable evidence must be on the plaintiff’s side.
True or False
True
If Nancy steps into the path of George’s speeding car without checking to see whether any cars are coming, her __________ might prevent her from receiving damages for her injuries from George.
Multiple Choice
contributory negligence
statutory immunity
breach of duty
strict liability
contributory negligence
The United States Supreme Court requires that actual malice be proved when:
Multiple Choice
individuals sue public figures for assault or battery.
public officials sue the media for false and defamatory statements.
public officials are found strictly liable for a crime.
individuals sue the media for publishing negative statements of their favorite public figures.
public officials sue the media for false and defamatory statements.
If the behavior of someone who commits a tort is outrageous, that person can be made to pay __________ damages.
Multiple Choice
consequential
non-monetary
punitive
compensatory
punitive
Which of the following is true regarding the Clayton Act?
Multiple Choice
It was intended to be preventative in nature, and in most cases only the probability of a significant anticompetitive effect must be shown to establish a violation.
It was intended to be reactive in nature, and in most cases the actual occurrence of a significant anticompetitive effect must be shown to establish a violation.
It was intended to be preventative in nature, and in most cases the actual occurrence of a significant anticompetitive effect must be shown to establish a violation.
Its enactment effectively nullified the Sherman Act.
It was intended to be preventative in nature, and in most cases only the probability of a significant anticompetitive effect must be shown to establish a violation.
The serving of a summary judgment on the defendant gives notice to the defendant of the suit, informs him or her who the plaintiff is, and states the time within which the defendant must make an appearance.
True or False
False
The __________ includes civil, criminal, and accounting reforms that drastically expand the accountability demanded of corporate officers and directors.
Multiple Choice
Foreign Corrupt Practices Act
Computer Fraud and Abuse Act
Electronic Communications Privacy Act
Sarbanes-Oxley Act
Sarbanes-Oxley Act
Which of the following are the four basic types of intellectual property?
Multiple Choice
Generic terms, patents, trade secrets, and public domain interests
Generic terms, trademarks, copyrights, and trade secrets
Patents, trademarks, copyrights, and trade secrets
Patents, trademarks, copyrights, and public domain interests
Patents, trademarks, copyrights, and trade secrets
n terms of Section 1 of the Sherman Act (Section 1) analysis, which of the following is true regarding per se activities and rule of reason actions?
Multiple Choice
Per se activities are automatically illegal, while the legality of a rule of reason action can be determined only after examining the behavior’s ultimate effect on competition.
Both per se activities and rule of reason actions automatically violate Section 1.
Rule of reason actions are automatically illegal, while the legality of a per se activity can be determined only after examining the behavior’s ultimate effect on competition.
Neither per se activities nor rule of reason actions violate Section 1.
Per se activities are automatically illegal, while the legality of a rule of reason action can be determined only after examining the behavior’s ultimate effect on competition.
The Equal Protection Clause of the Fourteenth Amendment prohibits any state from arbitrarily discriminating against persons.
True or False
True
What is a white-collar crime?
Multiple Choice
It is a violent crime committed by any person belonging to a lower social class.
It is a violent terrorism-related crime that poses significant threat to the general public.
It is a nonviolent crime committed by businesspersons and organizations.
It is a nonviolent crime committed by any individual against businesspersons and organizations.
It is a nonviolent crime committed by businesspersons and organizations.
United States trademarks are registered for 10-year terms and are non-renewable.
True or False
False
Which of the following is a reason why large corporations have the ability to influence legislation?
Multiple Choice
There are no limits on the law’s ability to control irresponsible corporate behavior.
Their size, resources, and sophistication give them the capability to purchase this ability.
Corporate managers are always aware of the effects of their products or production processes.
The state legislatures cannot enact hostile regulatory legislation.
Their size, resources, and sophistication give them the capability to purchase this ability.
Generally, the role of appellate courts is to:
Multiple Choice
establish new facts for all cases.
review the proceedings in the trial court and correct legal errors made by the trial judge.
accept the findings of the trial court unless there is proof beyond reasonable doubt that the trial court either committed an error of law or abused its discretion.
rehear the testimony of trial court witnesses.
review the proceedings in the trial court and correct legal errors made by the trial judge.
According to the __________ doctrine, a copyright owner cannot prevent a lawful purchaser of copyrighted material from reselling that material.
Multiple Choice
strict liability
first in time equals first in right
first sale
copyright exhaustion
first sale
Which of the following is true regarding the tort of assault?
Multiple Choice
Most courts say that “mere words are enough” for assault.
Assault is putting another in apprehension of an eventual threat to his or her physical safety.
Contact is necessary.
The tort of assault is designed to protect people from threats of battery.
The tort of assault is designed to protect people from threats of battery.
If a court has subject matter jurisdiction, it may decide the case even if it does not have personal jurisdiction over the defendant.
True or False
False
The least touching can be a battery if it causes injury or is considered offensive to a plaintiff of extraordinary sensibilities.
True or False
False
A statute is the product of the lawmaking of a legislature.
True or False
True
Jurisdiction is defined as:
Multiple Choice
the authority of a court to hear and determine disputes.
the power an individual appointed within an organization possesses to settle disputes.
the unlimited authority of the court.
the process by which legal cases are decided.
the authority of a court to hear and determine disputes.
In the context of defamation, publication means:
Multiple Choice
communication of the statement to at least two persons other than the defamed party.
printing the defamatory statement in community-oriented (i.e., locally circulated) media such as a newspaper.
Printing the defamatory statement in a widely-circulated publication (e.g., The New York Times).
communication of the statement to at least one person other than the defamed party.
communication of the statement to at least one person other than the defamed party.
Which of the following statements is true of state action?
Multiple Choice
State action is not involved if policies are mandated by federal law.
The constitutional checks on governmental power do not apply to the United States Congress.
The United States Constitution protects an individual only against governmental activity, usually called state action.
Private deprivation of individual liberties is permitted only if interference by state action is prohibited by statute.
The United States Constitution protects an individual only against governmental activity, usually called state action.
Substantive due process protects people from arbitrary or unreasonable governmental interference with their life, liberty, or property rights.
True or False
True
The “dormant” Commerce Clause limits the authority of the states to interfere with the flow of interstate commerce by:
Multiple Choice
limiting a state’s ability to tax vendors.
prohibiting state legislation that unduly burdens intrastate commerce.
prohibiting state laws that openly discriminate against interstate commerce.
limiting the states from furthering only state interests.
prohibiting state laws that openly discriminate against interstate commerce.
Under the Sarbanes-Oxley Act of 2002, it is a felony to defraud shareholders of a publicly traded company.
True or False
True
Common law arises when:
Multiple Choice
courts are called upon to resolve disputes for which there is no statute or other source of law establishing a rule.
the government wishes to encourage certain kinds of investments.
constitutional statutes are found to interfere with the freedom of expression.
there are statutes and other sources of law establishing a particular rule and the courts decide to improvise this existing statutory law.
courts are called upon to resolve disputes for which there is no statute or other source of law establishing a rule.
Which of the following statements is true about a trade secret?
Multiple Choice
A trade secret generally does not include devices and compilations of information.
A business may attempt to maintain a trade secret when it has a process or product that is not novel enough to receive patent protection.
A trade secret usually receives legal protection even if its owner did not take reasonable precautions to keep it a secret.
A business may attempt to maintain a trade secret, but its misappropriation is not considered a violation of law.
A business may attempt to maintain a trade secret when it has a process or product that is not novel enough to receive patent protection
What are the three primary powers of independent administrative agencies?
Multiple Choice
rule-making, nullification, and appellate
investigative, rule-making, and adjudicatory
investigative, nullification, and appellate
rule-making, adjudicatory, and executive veto
investigative, rule-making, and adjudicatory
The __________ Clause of the Fourteenth Amendment to the United States Constitution prohibits any state from arbitrarily discriminating against persons.
Multiple Choice
Substantive Due Process
Procedural Due Process
Civil Rights
Equal Protection
Equal Protection
False statements about the quality of a seller’s product or services, or the seller’s ownership of goods offered for sale, may give rise to the tort of __________.
Multiple Choice
disparagement
libel
slander
conversion
disparagement
To recover in a negligence suit, the plaintiff must prove that the:
Multiple Choice
defendant’s breach of duty was the proximate cause of the plaintiff’s injuries.
defendant’s breach of duty indirectly caused the plaintiff’s injuries.
defendant’s actions specifically violated a state statute.
defendant intended to injure the plaintiff and did so via a breach of duty.
defendant’s breach of duty was the proximate cause of the plaintiff’s injuries.
Strict liability is commonly described as “liability with fault.”
True or False
False
Martin works as a pizza delivery person. He parks his bike outside Regalia Inc. to deliver an order. Meanwhile, a damaged book rack in Regalia, which is situated on the first floor of the building, falls through an open window and crashes on his bike. No one admits to having seen the rack fall. If Martin sues Regalia for negligence, will he win the lawsuit?
Multiple Choice
Yes, but only if Martin finds a witness who saw the book rack crashing on the bike.
No, because parking under an open window constitutes assumption of the risk.
No, because parking under an open floor window constitutes contributory negligence per se.
Yes, if Martin can prove that book racks do not fall out of windows in the absence of negligence and that Regalia had exclusive control of the rack before the fall.
Yes, if Martin can prove that book racks do not fall out of windows in the absence of negligence and that Regalia had exclusive control of the rack before the fall.
Which of the following statements is true about patent infringement in the United States?
Multiple Choice
Pursuant to the act-of-state doctrine, importers of foreign goods that infringe upon U.S. patent rights are immune from patent infringement liability.
A patent holder is entitled to monetary damages in case of infringement.
Courts grant an automatic, permanent injunction in cases of alleged patent infringement.
The court holds only the infringer accountable for the unlawful activities; accordingly, accomplices are not considered liable under United States infringement law.
A patent holder is entitled to monetary damages in case of infringement.
Negligent persons are generally not held liable for diseases their victims contract while weakened by their injuries.
True or False
False
Alexander has been charged with armed robbery of a convenience store in Portland, Oregon. He retains attorney Lewis A. Clarke, III to represent him, and while preparing his defense, Alexander confesses to attorney Clarke that he did indeed rob the liquor store. Which of the following is true regarding Alexander’s confession to Clarke?
Multiple Choice
It is protected by the attorney-client privilege, and Clarke is prohibited from divulging this information to the prosecution and the court.
Since the confession relates to a criminal matter, it is not protected by the attorney-client privilege, and in the interests of justice, attorney Clarke must divulge it to the prosecution and the court.
Pursuant to the attorney-client privilege, just like Alexander had the privilege to decide whether to divulge this information to his attorney, attorney Clarke also has privilege to decide whether to divulge it to the prosecution and the court.
It is protected by the attorney-client privilege, and Clarke is prohibited from divulging this information to the prosecution and the court.
The Sarbanes-Oxley Act requires public corporations to disclose whether they have adopted a code of ethics for senior financial officers.
True or False
True
Negligence is an unintentional breach of duty by the defendant that results in harm to another.
True or False
True
Under the notion of federalism, the United States is composed of 51 legal systems.
True or False
True
The law of negligence holds our behavior up to an objective standard of conduct.
True or False
True
Torts are __________ wrongs against persons or property.
Multiple Choice
public (criminal)
private (civil)
private (criminal)
public (civil)
private (civil)
The partial obstruction of a person’s progress does not constitute false imprisonment.
True or False
True
Reuben and Priya have an automobile accident in which Priya experiences serious personal injuries. Priya sues Reuben, and the case goes to trial. During jury deliberations, the jury determines that Reuben is 75 percent responsible for Priya’s injuries, and that Priya is 25 percent responsible for her own injuries (Priya was speeding at the time of the accident, causing the jury to attribute a portion of the blame to her.) Which of the following is true if the case is being tried in a comparative negligence system?
Multiple Choice
Priya will recover 25 percent of her damages from Reuben.
Priya will not recover, since comparative negligence theory prohibits a plaintiff from recovering anything from the defendant if the plaintiff’s negligence, however slight, contributed to her harm.
Priya will not recover, since the jury has determined that she is partially responsible for the accident.
Priya will recover 75 percent of her damages from Reuben.
Priya will recover 75 percent of her damages from Reuben.
Negligent persons are generally held jointly liable (along with the negligent physician) for negligent medical care their victims receive for their injuries. This is true according to:
Multiple Choice
proximate cause theory.
intentional tort theory.
res ipsa loquitur.
the basic principles of causation.
the basic principles of causation.
Utilitarianism is a teleological theory that suggests that “__________.”
Multiple Choice
power corrupts, and absolute power corrupts absolutely
to the victor goes the spoils
the ends justify the means
with great power comes great responsibility
the ends justify the means
Which of the following is a defense to trespass to personal property?
Multiple Choice
Privilege
Conversion
Necessity
Truth
Privilege
The basic functions of the law are:
Multiple Choice
Promoting social justice, facilitating planning, enforcing rules to maintain order, and keeping the peace.
Promote social justice and eliminate criminal conduct.
Keeping the peace, enforcing rules to maintain order, permitting private contracts, and permitting tax laws.
General application to society, developed by legitimate authority, and permitting taxation.
Promoting social justice, facilitating planning, enforcing rules to maintain order, and keeping the peace.
Pursuant to federalism when there is a conflict between a state law and a federal law, the state law will trump the federal law.
True or False
False
Generally, state courts have the jurisdiction to hear almost any dispute especially those involving federal laws and issues.
True or False
False
A court must have which type(s) of jurisdiction to have authority over a dispute?
Multiple Choice
Venue.
In rem jurisdiction.
Subject matter jurisdiction and venue.
Personal jurisdiction and subject matter jurisdiction.
Personal jurisdiction and subject matter jurisdiction.
During the discovery phase of a case, a litigant may be required to submit themselves for a physical examination.
True or False
True
States have the legal authority to regulate foreign commerce.
True or False
False
Noncommerical speech is also known as:
Multiple Choice
Pure or political speech.
protest speech.
religious speech.
commercial speech.
Pure or political speech.
Criminal procedural protections found in the Fourth Amendment include the right to be represented by counsel.
True or False
False
Federal sentencing guidelines are designed to:
Multiple Choice
make sentencing a faster process.
establish consistent sentences for federal crimes.
eliminate the need for attornies at sentencing hearings.
reduce penalties for white-collar crimes.
establish consistent sentences for federal crimes.
Accidentally running a red light and hitting another driver is an example of an intentional tort.
True or False
False
Disparagment occurs when:
Multiple Choice
a litigant speaks falsely about the plaintiff’s quality of goods or services.
a litigant speaks ill of the plaintiff’s character.
a litigant writes a false statement about the plaintiff’s character.
a litigant speaks poorly about the plaintiff’s quality of goods or services.
a litigant speaks falsely about the plaintiff’s quality of goods or services.
A negligent actor will be responsible for all the damages caused by their action, regardless of whether the damage was foreseeable.
True or False
False
Reckless behavior:
Multiple Choice
involves posing an unforeseeable risk of harm to others.
indicates a conscious disregard for a known high degree of probable harm to another person.
occurs when a person is very negligent.
is a kind of strict liability.
indicates a conscious disregard for a known high degree of probable harm to another person.
Patent exhaustion permits the buyer the right to freely use the item and to reproduce the item.
True or False
False
The parties to a licensing agreement are:
Multiple Choice
a franchisor and franchisee.
a distributor and a receiver.
a licensor and a licensee.
a offeror and an offeree.
a licensor and a licensee.
Attempts by competitors to interfere with the market and control prices are called horizontal price-fixing.
True or False
True
The purpose of U.S. antitrust law is to enourage and protect competition.
True or False
True
In negligence law, the “reasonable person” is __________.
Multiple Choice
any member of the trial jury
a hypothetical being
the defendant
the plaintiff
a hypothetical being
The Takings Clause only applies to land, not personal property.
True or False
False
Which part of the U.S. Constitution addresses our most basic liberties?
Multiple Choice
Article I.
Article III.
The Amendments.
Article II.
The Amendments.
The government may not prohibit a political rally, but it may restrict when and where the demonstrators meet.
True or False
True
A federal court has the power to hear:
Multiple Choice
any lawsuit based on a federal statute.
any case.
any case between citizens of different states.
appeals of any cases from lower courts.
any lawsuit based on a federal statute.
Mary Employee, was furious at her boss after a pay dispute. At the end of a tense meeting between the two, Mary picks up a stapler and throws it at her boss. The boss sees it coming and ducks just in time, but the stapler smashes into a flower arrangement knocking it over. Mary has committed:
Multiple Choice
assault.
no tort, because the stapler did not hit her boss.
battery.
slander.
assault.
