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Terms in this set (40)
According to the book, which of the following would be considered a whistle-blower?
James who tells a government agency that his employer is engaging in illegal behavior
Which of the following terms means a court should abide by its own rulings as well as the rulings of higher courts?
Jennifer copies pages from a textbook and distributes them to her friends. A law passed by Congress defines this as a copyright infringement. This type of law would be referred to as?
Jackson is considering starting a new business. It is legal in his state to sell the drug marijuana. Jackson believes that no actual or prima facie duty prohibits him from selling marijuana as a drug. However, he believes he would be very angry if he found out someone was selling marijuana one of his children or a family member such as his brother. He also believes his community will be a worse place to live if a large number of people starting selling the drug marijuana and a large number of people then use the drug marijuana. Also he believes the money he makes will not outweigh the negative consequences that will arise both to him and the surrounding community. Which of the following ethical decision making theories may justify Jackson starting a business where he sells marijuana to members of his community?
If a corporation is served notice of a complaint, which of the following individuals would most likely be served process?
Jennifer takes the stand and begins to testify about something she heard the defendant say two months before the trial started. Based upon these facts alone, Jennifer's testimony can be labeled as
Jennifer decides to advertise her flower business by placing a large banner on a street sign in her neighborhood. A police officer removes the banner and issues a ticket to Jennifer. Based upon these facts alone, Jennifer's banner can best be characterized as
Under the Central Hudson case factors, commercial speech
Can be regulated if the state has an important interest, the regulation is narrowly tailored and directly advances the state's important interest
Assume a state court in Iowa makes a ruling regarding criminal law that is very unpopular amongst the residents of the state of Iowa. The law has nothing to do with the environment or natural resources. Shawna would like to change the precedent of this case. Shawna's best course of action to get the precedent of the unpopular case changed would be to
Influence the state legislature of Iowa to overrule the precedent by passing a criminal law statute
The State of Iowa has numerous district courts, one appellate court and a state Supreme Court. The state Supreme Court is the highest state court in Iowa. Which court would have to follow the precedent of the Iowa appellate court?
A district court in Iowa
Assume Benton County passes a statute outlawing the use of land for the burial of dead bodies. The law applies to all land located within 10 miles of a school. This law would be referred to as
Which of the following entities regularly creates rules referred to as administrative law?
A state government agency
Jonathan steals a computer owned by Natalie. Which of the following statements is true?
Natalie can enforce the criminal law of her state against Jonathan for stealing her computer
In the Kimble case, Marvel Entertainment had obtained which of the following property rights for a Spider-Man toy?
Assume Margaret purchases a chair from Online Chairs Inc. The chair arrives but is damaged. Margaret wants to keep the chair as it will function as needed. She does not want a different chair from the seller. However, she feels she was charged the price of a chair without defects but was instead given a chair with many defects. Based upon these facts alone, Margaret should pursue
A remedy at law
According to the book, the first step in the ethical decision making process is
Identifying the ethical dilemma
Oswald Corporation often acts unethically when recovering amounts owed to it by customers. According to the book, Oswald is pursuing
Which of the following terms refers to the process by which a corporation controls its operations and decision-making processes?
Melanie dislikes her boss Daniel. Melanie recently found out that her boss Daniel made a huge mistake when reporting to the Board of Directors. A number given by Daniel was mistakenly calculated by one of the other employees that reports to Daniel. Melanie is considering telling the Board of Directors about the mistake in the hopes that Daniel will be fired. Melanie would prefer to be told about the mistake if she were in Daniel's shoes but she believes the company and all its employees will be better off is she exposes the mistake and Daniel is fired even if she does not tell him first. She also believes Daniel will easily find a better job if he is fired. Melanie believes the world won't necessarily be a better place in which to live because of her actions because she believes people should not act this way as a general rule. Which of the following ethical decision making theories might justify Melanie attempting to get Daniel fired without first telling him about his mistake?
In the Edmonson case, the court had to decide whether
A juror could be struck peremptorily because of their race
Kent believes he is the owner of certain real property located within the state of Colorado. Patricia believes she is the real owner of the same property. Patricia is a resident of Idaho and Kent is a resident of Oregon. Based upon these facts a Colorado court
Could exercise in rem jurisdiction
If a court attempts to exercise jurisdiction over a defendant using a state long-arm statute, the court must find
Minimum contacts exist on the part of the defendant
Bethany travels to Missouri to view a solar eclipse. Bethany is a resident of Iowa. While driving in Kansas City, Missouri, Bethany gets into an accident with Tyler. Tyler sues Bethany for $100,000 in damages. Tyler is a resident of Montana. Based upon these facts alone, which of the following courts may have jurisdiction over this matter?
Iowa state court, Missouri state court, a federal court
Federal courts cannot normally hear which of the following types of cases?
A divorce case
Melanie believes her employer has violated federal employment law. She seeks to sue her employer in federal court. Melanie resides in the territory of the federal court for the Northern District of Iowa. The employer is considered to reside in the territory of the federal court for the Southern District of Iowa. Which would be the proper venue to hear this case?
The federal court for the Southern District of Iowa
The Federal Circuit Court of Appeals hears appeals directly from the
US Court of Claims
Which of the following is most likely to be filed by a defendant who believes the plaintiff actually owes them damages and the defendant would like to accuse the plaintiff of wrongdoing?
Jennifer sues Robert. Jennifer is successful in her case against Robert. However, Robert will not pay the judgment Jennifer has against him. Robert has a high paying job. Jennifer might consider satisfying her judgment through the use of
Which of the following would generally happen before the others as part of the litigation process?
Which of the following is not true regarding negotiation
Negotiations always end in a legally binding agreement
Of the following, which is not a way in which arbitration might arise?
A judge might decide their docket is too full and order the case be moved to arbitration
Which of the following would not be considered state action?
Employee overtime rules created and adopted by a private company
In which of the following situations would the Dormant Commerce Clause most likely be a key legal issue?
The state legislature of Nevada attempts to regulate the sale of drone devices across state lines
The Constitutional issue of preemption comes from the
Assume the state of California bans the sale of chicken eggs from farms which feed their chickens feed containing antibiotics. Nelson Farms is a major chicken egg supplier based in Wyoming. Nelson Farms would like to contest the Constitutionality of this law. Nelson's strongest argument would be based upon the
Assume the US Congress wants to prevent individuals from smoking tobacco. Which of the following actions would be most likely to be found as Constitutional?
The US Congress passes a law assessing a tax of 3% of the gross sales price of all cigarette cartons
Which of the following clauses of the US Constitution would prevent a state funded university from requiring all students from having to attend religious services every Friday night?
One day Alfredo, a foreign student studying the United States, is walking home from school. The police stop Alfredo and ask him what he is doing. He answers the questions the police ask him. The police then leave. Based upon these facts alone, which Constitutional concept might Alfredo use to argue that the police engaged in Unconstitutional behavior when questioning him?
A case involving the right to privacy as a fundamental right would be an example of
Substantive due process
The case of Lorillard Tobacco applied a key test from which of the following Supreme Court cases?
Central Hudson Gas v. Public Service Commissioner
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