BLAW Exam 1 Practice Questions

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Curtis filed a lawsuit against Ulhoff for failure to repay $1,000 according to the terms of a promissory note. The trial ended before it began, with the trial judge granting a motion for summary judgment in favor of Curtis. Ulhoff has appealed, and the Supreme Court of Iowa has remanded the case. This means:

We don't know who wins yet because the case is being returned to the trial court for additional steps.

Henry David Thoreau felt that war was unjust and therefore refused to pay his taxes when the United States declared war on Mexico. Thoreau felt that there was a higher law than the law of the land. Which theory of jurisprudence was he applying?

Natural Law

Under the natural law theory of jurisprudence, an unjust law is no law at all.

True

The doctrine of precedent requires:

judges to base rulings on previous cases.

A rule that establishes maximum length of work shifts for air traffic controllers is an example of an administrative regulation.

True

In the case of Panavision Int'l v. Toeppen, the Ninth Circuit Court of Appeals affirmed the district court's decision. This means that the Ninth Circuit approved the district court's decision and upheld the outcome in the case.

True

Congress can create a statute on any topic at all.

False

Common law is a body of cases decided by legislatures.

False

Which of the following played a role in the creation of the U.S. government by solving the problem of federalism?

The Iroquois Native Americans.

The three branches of government in the United States are:

the executive, legislative, and judicial.

Research has shown that the least important motivation for managers in behaving ethically is:

profitability

In analyzing a situation to determine how to act ethically, a business manager should:

determine whether an alternative violates important values.

Society is hurt when business managers behave ethically.

False

Paul decided he did not want the new jeans he had purchased from a large discount department store. He had worn them three times and decided he just did not like them. The jeans fit him fine and there is nothing wrong with them. He takes the jeans back to the store and, as is its policy, the store gave him a full refund of his money. Which statement is correct?

Paul's conduct was unethical.

Utilitarian ethics holds that decisions should be made on the basis of practicality, and whatever action is most convenient should be favored.

False

Why should ethics be a concern to business?

All of the above

The Chief Executive Officer of Ticor, Inc. must decide about the disposal of toxic waste materials. Which of the following considerations should help the CEO reach an ethical business decision?

All of the above

The behavior of top executives regarding ethical issues has little effect on the behavior of the employees of the organization.

False

There are values, such as integrity, that are generally considered universal.

True

A company that engages in unethical behavior may suffer severe consequences.

True

A jury decision in a civil case:

is achieved by informal deliberations.

When an appeal is filed with the U.S. Supreme Court, the Supreme Court:

has discretion as to which cases it hears.

After being served with a summons and a copy of the complaint, a defendant usually files a pleading known as an answer, briefly replying to each allegation in the complaint.

True

In a civil case, the plaintiff must prove the case:

by a preponderance of the evidence.

A judge can serve as both a federal judge and a state court judge at the same time.

False

Advantages of Alternative Dispute Resolution (ADR) include:

All of the above are advantages of ADR.

In a civil case, the plaintiff must prove the case beyond a reasonable doubt.

False

Emails and their attachments are not subject to pretrial discovery.

False

If Lorenzo is seeking an injunction against Brenda to prevent her from selling materials that infringe his copyright, he is entitled to a jury trial if the value of the materials is over $100.

False

If Lorenzo is seeking an injunction against Brenda to prevent her from selling materials that infringe his copyright, he is entitled to a jury trial if the value of the materials is over $100.

appellate courts generally accept the factual findings of the trial court.

The Consumer Product Safety Commission (CPSC) is an independent federal administrative agency. Which statement is correct about the chairperson?

The chairperson cannot be fired by the President since the CPSC is an independent agency.

Which law regulates how federal agencies make rules, conduct investigations, hold meetings and hearings, obtain information, and reach decisions?

The Administrative Procedure Act.

Administrative agency rules consist of:

legislative and interpretive rules.

The Civil Rights Act of 1964, a federal statute, forbids discrimination on the basis of national origin in employment. The Equal Employment Opportunity Commission (EEOC) is the administrative agency that oversees the law. The EEOC issued Guidelines on Discrimination because of National Origin. According to one of the guidelines, the EEOC will presume a violation of the law if an employer sets a work requirement that employees must speak only English in the workplace. This is an interpretive rule because it interprets the Civil Rights Act.

True

The majority of work done by legislative bodies is performed in committees.

True

The concept of stare decisis focuses most on:

predictability

Even if a statute's words have ordinary, everyday significance, the court will look at the legislative history of the law and public policy in order to interpret the statute.

False

The President has the power to remove the chairperson of the Consumer Product Safety Commission, an independent federal administrative agency, if the President disagrees with the chairperson's actions.

False

The U.S. Supreme Court was asked to decide whether same-sex sexual harassment is a violation of Title VII of the Civil Rights Act. This law forbids discrimination in employment on the basis of sex. In interpreting statutes, the court may use which of the following?

All of the above

The Occupational Safety and Health Administration (OSHA) has proposed rules aimed at reducing repetitive-stress injuries. ATC, Inc. disagrees with the proposed rules. ATC, Inc. should challenge the proposed rules in court to prevent them from becoming final rules.

False

The states have a severely restricted power to enact laws that affect interstate commerce. This concept is called:

the dormant aspect of the Commerce Clause.

By creating three independent and equal branches of the federal government, the U.S. Constitution prevented the federal government's power from being concentrated in one person.

True

Fundamental rights include all EXCEPT the right to:

drive

When Congress passed a criminal statute called the "Gun-Free School Zones Act," the Supreme Court ruled that:

the law was not valid since Congress exceeded its power under the Commerce Clause.

Professor Jones accuses Rachel, a senior at a large state university, of cheating on an exam. The Professor claims that Rachel must prove to him that she did not cheat. If she fails to convince him, she will be expelled from college. Rachel is being denied her due process rights.

True

Congress passed the federal OSHA establishing job safety standards. Illinois passed its own statute, which had slightly more lenient standards. Illinois workers are only held to the state standards unless they are involved in interstate commerce.

False

The Pines, a small motel in central Georgia, may be subject to federal regulation even though it is not close enough to the state borders to have many guests from other states.

True

Obscene speech is protected by the First Amendment.

False

The 14th Amendment's Equal Protection Clause "strict scrutiny" test will be used when the legislation:

differentiates on the basis of race.

Smalltown, located in a border state, seemed to favor Caucasians over Latinos in their hiring practices. The courts will review the practice using:

strict scrutiny.

Trein, Inc. entered into a one-year, $1 million contract with Mia, a sports celebrity, to promote Trein's products. E-presto Inc., a competitor of Trein, was interested in having Mia promote its products but knew of her contract with Trein. E-presto offered Mia a three-year, $5 million contract. Mia left Trein and signed with E-presto. If Trein sues E-presto for tortious interference with a contract, E-presto:

will not be able to establish a justification.

A salesclerk at Sparkle Jewelry Store observed a customer remove a ring from a display case and put it in his pocket. In most states, Sparkle:

can reasonably detain the customer for suspicion of shoplifting.

In order for a plaintiff to win a case involving intentional infliction of emotional distress, she must prove the defendant acted in an extreme and outrageous manner.

True

E-trex, Inc. wanted Prince, a professional basketball player, to endorse its products. Prince, however, was not interested. E-trex was not deterred and hired a person who looked and sounded liked Prince for its commercials.

E-trex's conduct raises the issue of commercial exploitation.

The First Amendment guarantee of freedom of speech is an absolute right.

False

Opinion is generally a valid defense in a defamation lawsuit because it is not meant to be a factual statement.

True

Which of the following is a valid defense to a defamation claim?

All of the above

A tort is a violation of a duty imposed by the civil law.

True

Wholesome Bread, Inc. advertised that its honey wheat bread had 25% fewer calories than a competing brand, Valley Grains. In fact Wholesome's bread had the same amount of calories as Valley Grains' bread. Wholesome Bread's conduct:

violates the Lanham Act.

Punitive damages are intended to punish the defendant for conduct that is extreme and outrageous.

True

Most state legislatures have passed legislation to reimburse crime victims directly through the state government.

False

Laura, a brain surgeon, committed a negligent act when she ran a red light and injured Randy, a pedestrian crossing the street. Randy was a mentally impaired adult.

Both Laura's and Randy's conduct will be based on the "reasonable person" standard.

Tommie, a six-year-old child, was seriously injured when he stuck a fork into an electrical outlet. His parents sued the restaurant where the incident occurred, claiming it should have had child protective guards on the outlets. Whether the restaurant is liable will be dependent upon whether:

the incident was reasonably foreseeable.

Negligence concerns harm that:

arises by accident.

Which of the following statements regarding a negligence case is correct?

A plaintiff must show that the defendant's act was both the factual cause of her injury as well as a foreseeable injury.

In a strict liability case, the courts still consider if the defendant acted in a reasonable and prudent manner.

False

Silas asks his friend Shelby to come to his property to go fishing at his pond. If he fails to warn her that the dock has a rotten spot and she falls through and is injured, Silas would be held liable in most states.

True

An economic study has concluded that dram shop laws are effective in reducing underage drinking, over-intoxicated drinkers and bar employee drunkeness.

True

If a court applies res ipsa loquitur:

the defendant has the burden of proving he or she is not liable.

A sports fan, injured by a hockey puck that flew into the stands during an NHL game, would be subject to the defense of assumption of the risk in a suit to recover for her injuries.

True

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