Midterm Exam

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Question #1

If Oregon passed a statute that prohibited liquor stores from engaging in any kind of advertising, that statute would be:

A valid, as alcohol is illegal for minors.

B lid as an unreasonable restriction of free speech.

C invalid as a violation of the Commerce Clause.

D valid as an exercise of police power.

Question #2

Colorado Cush Culinary Collective (C4) is a restaurant in Colorado the serves marijuana-infused meals. Recreational use of marijuana is lawful in Colorado. If C4 is shut down and the owner is taken to jail for selling and possession of marijuana, this would likely be due to

A The Supremacy Clause

B The neighborhood rallying against C4

C A judge determining that C4’s action are amoral

D A police officer that believes marijuana should not be legal

Question #3

Jeff picks up a piece of metal pipe and swings it around aiming at Gary. Gary sees the pipe coming toward his head and quickly ducks out of the way, and Jeff hits Mike in the back of the head. What tort(s), if any, is Jeff liable for?

A Jeff is liable to Mike and Gary for battery and assault.

B Jeff is liable to Mike for battery and Gary for assault.

C Jeff is liable is not liable to Mike but liable to Gary for battery and assault.

D Jeff is liable to Mike for assault and Gary for battery.

Question #4

The Takings Clause allows the government to take private land for public benefit so long as the government pays:

A Above market price

B ust compensation

C Moving expenses

D A reasonable price

Question #5

The major difference between mediation and negotiation is that

A Negotiation is mandatory in all cases before officially filing the lawsuit.

B Negotiation includes an unbiased third party.

C Mediation includes an unbiased third party.

D Mediation is mandatory in cases before officially filing the lawsuit.

Question #6

If conducted thoroughly, the _______ stage of the litigation process will likely uncover any secret witnesses or evidence will before the trial begins.

A Pleading

B Investigation

C Discovery

D Interrogatory

Question #7

Illegally obtained evidence is not permitted to be used at a criminal trial based upon the:

A exclusionary rule

B silver plate doctrine

C Ninth Amendment.

D fair play doctrine.

Question #8

If under a state law, a dog owner is absolutely liable to any person who is injured by their dog, even if the dog is fenced and leashed, this is an example of:

A res ipsa loquitur.

B negligence per se.

C negligence.

D strict liability.

Question #9

The elements of negligence are:

A duty, breach, causation, damages.

B duty, negligence, cause in fact, damages.

C duty, breach, failure to act reasonable, causation, injury.

D duty, standard of care, proximate cause, damages.

Question #10

One morning, Miles placed a thumbtack on the chair of the office manager where he worked. He liked the office manager, but thought this would be a funny joke. Two days after sitting on the tack, the office manager was hospitalized with an infection caused by the tack. Which of the following is correct?

A Miles is liable for the pain caused by the tack but not the infection that happened later.

B No tort has been committed.

C Miles actions were negligent.

D Miles committed an intentional tort.

Question #11

There is a massive accident in Dallas! A big rig lost control and struck and completely damaged and totaled 10 cars. Your car was caught in the mix. Thankfully nobody was seriously injured, but there is a lot to litigate over such as who is at fault. The 10 car owners, all Dallas residents, join together as plaintiffs and sue the big rig company, which is headquartered in Houston. Can a federal court here this case?

A Yes because there is personal jurisdiction due the accident due to the accident occurring in Texas

B No because federal courts are too prestigious to deal with a run of the mill car accident case.

C Yes because they meet federal diversity jurisdiction requirements because we can estimate that 10 completely totaled cars is likely worth more than $75,000.

D No because while the minimum amount in controversy is likely met, the complete diversity requirement is not met.

Question #12

Probable cause means:

A the 4th amendment has not been infringed upon.

B the police have reasonable suspicion that a crime was committed.

C the police have information that would lead a reasonable person to believe a crime was committed.

D the defendant is probably guilty.

Question #13

A type of equitable remedy is:

A punitive.

B compensatory.

C replevin.

D actual.

Question #14

Title VII of the Civil Rights Act of 1964 forbids discrimination on the basis of sex. If the Fifth Circuit Court of Appeals recently ruled that same-sex harassment is not a violation of Title VII. The court’s decision is:

A Ordinance

B Equity

C Administrative regulation

D Case law

Question #15

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

A has discretion as to which cases it hears.

B must hear all cases.

C must hear the case if two or more U.S. Circuit courts have decided the legal issue differently.

D must hear the case if the validity of a federal statute is in question.

Question #16

Jim told his manager, Lana, that a co-worker, Diane, had been in prison for theft. Lana checked into the matter and, when she learned that Diane had served time in prison for theft, fired her.

A Jim is liable to Diane for defamation.

B Jim is not liable to Diane for defamation.

C Jim is liable to Diane for defamation unless he can show a legitimate reason for having to tell Lana about Diane’s prison history.

D Jim is liable to Diane for defamation only if she is a public figure.

Question #17

Title VII of the Civil Rights Act forbids discrimination in employment on the basis of sex, race, religion, national origin, and color. The law provides that a person claiming a violation of Title VII has 180 days to file a complaint with the Equal Employment Opportunity Commission. The 180-day requirement is an example of:

A Procedural law

B Substantive law

C Preventative law

D Common law

Question #18

Lawrence loved gardening. He especially loved his prized petunias. Members of a biker gang liked to ride their bikes through a shortcut in the back part of Lawrence’s property, where his petunia garden grew. Lawrence became upset with these bikers because they always damaged his garden when they rode through. One day, Lawrence heard the bikers coming, grabbed his shotgun, and ran out of the house, shooting in the direction of the bikers. “Yes! I got one!” exclaimed Lawrence as one of the shotgun bucks struck a biker. “That’ll teach them to mess with my petunias!” If the biker sues Lawrence for battery, Lawrence will likely:

A win because even though the elements are met, he can use defense of property as a justification.

B lose because the actions are criminal.

C lose because all elements are met and there are no valid defenses.

D win because even though the elements are met, he can use self defense as a justification.

Question #19

If the 9th Circuit ruled that drinking kombucha and driving is considered driving under the influence as a matter of law, the ruling will be binding on

A All district courts in the 9th circuit

B All state courts

C All state trial courts

D All federal district courts

Question #20

The most accurate statement regarding appellate courts is:

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

B appellate courts hear only criminal case.

C Witness testimony is more accurate at appellate courts.

D only the federal court system has appellate courts.

Question #21

Which is not an element of negligence:

A Duty

B Intent

C Proximate cause

D Breach

Question #22

The government is allowed more discretion in regulating commercial speech because our freedom of speech concerns are lower when referring to speech looking to make money versus speech seeking to express ideas, problems with government, or religion.

A FALSE

B TRUE

Question #23

The 14th Amendment provides that the government must pay just compensation if it plans to take your property.

A TRUE

B FALSE

Question #24

Rich Raheem is required to pay 30% of his income in taxes, while his best friend Poor Prentice only has to pay 10% of his income in taxes. In order to determine whether this type of discrimination is Constitutional, the court would apply the Rational Basis Test and the government would likely prevail.

A TRUE

B FALSE

Question #25

If you are convicted of robbery but you still contend that the man in the video is not you, you have an automatic right to appeal this issue to the U.S. Supreme Court.

A FALSE

B TRUE

Question #26

Because administrative agencies have an interpretive/adjudicative function, rules created by the agency are not subject to judicial review.

A FALSE

B TRUE

Question #27

Equal Protection Clause has been interpreted to include requirement against federal government action, even though the actual text only speaks of state government action.

A FALSE

B TRUE

Question #28

Settlement can take at any time during the litigation process, even after trial.

A TRUE

B FALSE

Question #29

The principle of federal preemption means that federal courts can decide if they want personal or subject matter jurisdiction over a case and the state court must follow whatever they decide.

A TRUE

B FALSE

Question #30

Malik is a California resident. While driving to work, Malik was side-swiped by Daveed, who is also a California resident. Malik wants to sue Daveed in Hawaii because he figures if he has to go to court, it might as well be in a fun place. Hawaii is likely to have personal jurisdiction over both.

A FALSE

B TRUE

Question #31

Two business managers applying the same theory of ethics will always come to the same conclusion.

A TRUE

B FALSE

Question #32

Congress can create a statute on any topic at all.

A TRUE

B FALSE

Question #33

Probable cause is a higher standard and a higher burden for the government to meet when compared to reasonable suspicion.

A TRUE

B FALSE

Question #34

Laws enacted by society establish a minimum standard of behavior that is expected from each member of that society.

A TRUE

B FALSE

Question #35

Common law is a body of cases decided by legislatures.

A FALSE

B TRUE

Question #36

‘‘Private’’ wrongs are called torts, and public wrongs are called crimes.,,

A FALSE

B TRUE

Question #37

After a heated argument, Michael’s girlfriend takes his laptop and slams it into the ground. Michael was in a different room when she slammed the laptop but he heard the commotion and it startled him. Michael will likely prevail if he sues his girlfriend for assault.

A TRUE

B FALSE

Question #38

Sarah is fired from Widgets, Inc., a publicly traded company because her boss saw her protesting the government one weekend and her views differed from her boss’. Widgets, Inc. violated Sarah’s first amendment rights.

A TRUE

B FALSE

Question #39

Courts always have personal jurisdiction over plaintiffs because a plaintiff implicitly consents to the court’s jurisdiction by filing the lawsuit.

A TRUE

B FALSE

Question #40

The Fifth Amendment to the Constitution provides Robert, a private school teacher, due process protection from being fired without a hearing by a neutral fact finder.

A FALSE

B TRUE

Question #41

Although any state may make a treaty with a foreign government, only the federal government makes common law.

A TRUE

B FALSE

Question #42

The “takings clause” prevents the government from taking private property unless it meets strict scrutiny.

A FALSE

B TRUE

Question #43

Equity may be viewed as a doctrine in the legal system that adheres to the principles of fairness.

A FALSE

B TRUE

Question #44

If the Food & Drug Administration establishes procedures and requirements for a company to label its food “vegan,” this is an example of an administrative regulation.

A TRUE

B FALSE

Question #45

One form of arbitration is mediation.

A FALSE

B TRUE

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