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BULE EXAM 1 QUESTIONS WITH ACCURATE SOLUTIONS
- The U.S. Constitution created a -- Answer ✔✔ federal form of government
- What type of powers do the states have to regulate or prohibit private activities? -- Answer ✔✔ police powers
- True or False State police powers only authorize state police forces. -- Answer ✔✔ False
- Police powers include not only police forces, but the promotion of health, safety, and general welfare.
- Which of the following would NOT be regulated at the state level? a. Antidiscrimination laws b. Zoning restrictions c. Licensing requirements d. Parking regulations e. Fire and building codes f. Interstate commerce laws -- Answer ✔✔ Interstate commerce laws
- Article 1, Section 8, of the U.S. Constitution impacts business greatly and is referred to as the -- Answer ✔✔ commerce clause
- If you are a farmer who grows and sells locally, can you conclude that the Commerce Clause does NOT apply to your activities and actions? a. No, because the Supreme Court and Congress have interpreted the Commerce Clause extremely broadly. b. Yes, because you are engaged in intrastate commerce. c. Yes, because your state legislature says so. -- Answer ✔✔ No, because the Supreme Court and Congress have interpreted the Commerce Clause extremely broadly.
- true or false State laws that allow the use of medical marijuana insulate users in those states from federal prosecution. -- Answer ✔✔ false
- In 1824, the Supreme Court decided the landmark case ________________________ which ruled that commerce within the states could also be regulated by the national government. -- Answer ✔✔ Gibbons v Ogden
- true or false When there is a direct conflict between a federal and a state law, the state law is rendered invalid. -- Answer ✔✔ true
- You have an unrestricted license to operate a tourist boat in a bay off of Maui, Hawaii, which you received from the federal government. The state tells you that it
a. strict scrutiny. b. the rational basis test. c. intermediate scrutiny. d. the police power test. -- Answer ✔✔ the rational basis test
- The city of Trenton, New Jersey, passed an ordinance making it unlawful to use any form of sound amplification on the city streets. Keller mounted a speaker on a truck. Through the speaker, he played music and spoke on a microphone while driving on city streets. Keller was convicted and fined $50. He appealed, arguing that the ordinance violated his rights of free speech and free assembly. The city claimed that the ordinance served a legitimate governmental function in keeping the city streets safe and orderly, and did not prohibit or unduly restrict any particular speech. The court probably found that the ordinance was a. unconstitutional as an unreasonable restriction on fundamental rights. b. unconstitutional under the equal protection clause. c. constitutional under the establishment clause. d. constitutional as a reasonable restriction on fundamental rights. -- Answer ✔✔ constitutional as a reasonable restriction on fundamental rights.
- John operates a successful business selling child pornography. His enterprise is likely to be
a. protected under the right to privacy. b. considered criminal. c. considered political speech. d. protected by the First Amendment. -- Answer ✔✔ considered criminal
- A state legislature passes a statute prohibiting businesses from supporting any political candidate. If some business owners challenge the constitutionality of the law in court, will the law be upheld? a. No, because the law is an unconstitutional restriction on free speech. b. Yes, because the law only prohibits political speech by businesses, not by individual citizens. c. Yes, because political speech is restricted if "constitutionally permissible." d. No, because the business owners' privileges and immunities have been violated. -- Answer ✔✔ No, because the law is an unconstitutional restriction on free speech.
- The FBI has an open criminal investigation regarding potential terrorist activities in the U.S. The agency wants to gain access to personal information through Internet activities of certain individuals. Congress has passed which of the following acts that would allow the FBI to access this kind of information? a. HIPAA.
c. unconstitutional under the free exercise clause. d. unconstitutional under the due process clause. -- Answer ✔✔ unconstitutional under the free exercise clause.
- Ocean City passes an ordinance that prohibits all churches from meeting within its city limits. This rule affects the residents' constitutional right to a. interstate commerce. b. full faith and credit. c. procedural due process. d. substantive due process. -- Answer ✔✔ substantive due process.
- true or false state constitutions are a primary source of law -- Answer ✔✔ true
- true or false The Tenth Amendment declares that Congress can do anything it needs to do in any field of law -- Answer ✔✔ false
- Statutory law, a primary source of law, involves the U.S. ________________and state and local _____________________ -- Answer ✔✔ Statutory law, a primary source of law, involves the U.S. CONGRESS and state and local LEGISLATURES
- __________ _____________ ____________is a uniform law adopted by all states that facilitates commerce. -- Answer ✔✔ uniform commercial code
- Administrative agencies are created to: a. Perform specific government functions. b. Act as a buffer between the executive and legislative branches of government. c. Provide more efficient government office management. -- Answer ✔✔ Perform specific government functions.
- True or False Case law is based on the decisions made by those who run administrative agencies. -
- Answer ✔✔ false
- case law is derived from judges' decisions for actual cases
- Sources of American Law -- Answer ✔✔ case law:
- judge made law administrative law:
- the rules, orders, and decisions of federal state, or local government administrative agencies constitutional law:
- laws expressed in the U.S. constitution and state constitutions statutory law:
- laws (statues and ordinances) enacted by federal, state, and local legislatures
- Assume that Congress passes a law establishing a new administrative agency to oversee cyberlaw issues. The agency writes rules to enable it to carry out its duties. The rules written by the agency will be known as a part of a. constitutional law. b. statutory law. c. a Restatement of the Law. d. administrative law. -- Answer ✔✔ administrative law
- Elaine is involved in a car accident where the other driver ran a red light. To determine whether she has a case, her attorney would apply which of the following classifications of law? a. Substantive law. b. Procedural law. c. Administrative law. d. Cyberlaw. -- Answer ✔✔ substantive law
- All of the cases that have been decided by U.S. judges, as well as by English judges prior to the American Revolution, constitute a body of law known as a. the common law. b. statutory law. c. civil law. d. equity. -- Answer ✔✔ common law
- A case comes before a Wisconsin state trial court on the subject of free speech on the Internet. It is a case of first impression, meaning that no case involving the same issue has been decided by the Wisconsin courts. In deciding such a case, it would not be considered proper for the judge to consider a. public policy. b. social values and customs.
c. the judge's personal feelings about the Internet. d. cases from other jurisdictions. -- Answer ✔✔ the judge's personal feelings about the Internet.
- Tyler believes that some laws passed by his state's legislature are bad, and he refuses to comply with them. He believes that there is a universal law above all others that grants rights to all people and that it is above all other laws. Tyler subscribes to what school of jurisprudential thought? a. The natural law school b. The school of legal realism c. The historical school d. The positivist school -- Answer ✔✔ the natural law school
- The Illinois state legislature passes a law raising the speed limit on certain state roads. This law becomes part of a body of law known as a. uniform law. b. administrative law. c. case law. d. statutory law. -- Answer ✔✔ statutory law
- The National Conference of Commissioners on Uniform State Laws (NCCUSL) passes a new uniform act related to texting while driving. This uniform act a. automatically becomes the law in every state. b. becomes the law in every state that adopts the uniform act through legislative action. c. becomes a part of the United States Code and is therefore the law of the land in every state and territory of the United States
a. the parties meet with or without attorneys in an effort to come to a resolution. b. the arbitrator hears the dispute and imposes a solution on the parties. c. each party's attorney briefly argues the party's case before the other party, often in the presence of a neutral third party. -- Answer ✔✔ the arbitrator hears the dispute and imposes a solution on the parties.
- arbitration clause -- Answer ✔✔ A part of the contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court.
- true or false The Federal Arbitration Act established a set arbitration procedure. -- Answer ✔✔ false
- it enforces arbitration clauses in contracts involving maritime activity and interstate commerce
- provides the means for enforcing the arbitration procedure that the parties have established for themselves.
- A major not-for-profit provider of ADR services is -- Answer ✔✔ AAA (American Arbitration Association)
- _________________ involves a court deciding whether a matter is one that must be resolved through arbitration. -- Answer ✔✔ Atrability
- True or False Most states have adopted the Uniform Arbitration Act -- Answer ✔✔ true
- true or false The United States Supreme Court has held that mandatory arbitration clauses in employment contracts are generally unenforceable. -- Answer ✔✔ false
- The percentage of cases that are settled through some form of ADR is approximately -- Answer ✔✔ 90%
- Online dispute resolution is typically best for resolving -- Answer ✔✔ small sized business liability claims
- true or false When one party files a lawsuit to compel arbitration, the courts must resolve the issue of arbitrability. -- Answer ✔✔ true
- James, a homeowner, files a lawsuit against Helen, his construction contractor. Prior to trial, they meet with their attorneys to try to resolve their dispute before going to trial. This procedure is known as -- Answer ✔✔ negotiation
- Marco files a lawsuit against Allied Company in an Oregon court with limited jurisdiction. The difference between general and limited jurisdiction is based on a. the subject matter of the cases that the court can decide. b. how many defendants are named in the lawsuit. c. whether the court is exercising in personam or in rem jurisdiction.
b. refused to dismiss the case, because the defendant had placed the product in the stream of commerce in North Carolina and was subject to being sued in North Carolina. c. dismissed the case because North Carolina did n -- Answer ✔✔ refused to dismiss the case, because the defendant had placed the product in the stream of commerce in North Carolina and was subject to being sued in North Carolina.
- Robert, who lives in Ohio, files a lawsuit against Trading Post, a Washington company, in an Ohio state court. The Trading Post's only sales activity outside the state of Washington occurs via its Web site. According to the sliding-scale standard, the Ohio court can always exercise personal jurisdiction over out-of-state defendants based on Internet transactions if the court finds that the defendant has a. conducted substantial business with Ohio residents through its Web site. b. interacted with at least three Ohio residents through its Web site. c. received a national trademark and domain name for its Web site. d. a commercial cyber presence. -- Answer ✔✔ conducted substantial business with Ohio residents through its Web site.
- Toybox, Inc., manufactures the Spintop, a toy that the company discovers can cause harm. Before anyone is injured, Anne, a pediatric nurse who has not purchased a Spintop, files a suit against Toybox, Inc. In seeking to have the suit dismissed, Toybox, Inc., best argument is that Anne does not have a. standing to sue. b. judicial review.
c. certiorari. d. jurisdiction. -- Answer ✔✔ standing to sue
- Karl sells Jason his house. After moving in, Jason learns that Karl failed to disclose serious defects in the house. Jason sues Karl. After the pretrial procedures are completed, the case enters the trial phase. The attorneys begin the process of voir dire. During voir dire a. the bailiff organizes the courtroom so that the trial can proceed in a proper fashion. b. jurors are picked from a jury pool. c. the attorneys determine the appropriate number of jurors. d. the attorneys view and discuss pretrial documents obtained during discovery. -- Answer ✔✔ jurors are picked from a jury pool
- Vinny decides to sue Allison. To begin the suit, Vinny must file a complaint. A complaint should contain a. a motion for summary judgment. b. a statement indicating the key evidence behind the suit. c. a motion for judgment n.o.v. d. a statement of the basis for the court's jurisdiction. -- Answer ✔✔ a statement of the basis for the court's jurisdiction.
c. diversity jurisdiction. d. in rem jurisdiction -- Answer ✔✔ In personam jurisdiction
- In preparation for a trial between George and ABC Corporation, ABC's attorney places George under oath and asks George questions that are recorded by a court reporter. This is known as a. an interrogatory. b. a deposition. c. request for admissions. d. voir dire. -- Answer ✔✔ deposition
- Miller signed an employment contract containing an arbitration clause stating that "any dispute" arising during employment must be resolved by binding arbitration. Two years later, after she was injured on the job and took leave to recover, she was fired. She filed a complaint for disability discrimination with the Equal Employment Opportunity Commission, which gave her a "right to sue" letter. She then filed suit in federal court against her employer for disability discrimination. The court a. allowed the suit to proceed because federal rights take precedence over an arbitration clause in a contract. b. dismissed the suit because of the arbitration agreement. c. allowed the suit to proceed because arbitration clauses cannot limit the ability to file suit in federal court, only in state court. d. dismissed the suit because it must be filed in state court. -- Answer ✔✔ dismissed the suit because of the arbitration agreement.
- How does a court get personal jurisdiction over a plaintiff? When the plaintiff files a -
- Answer ✔✔ complaint in that court
- Can a truck that cause an accident in Florida but didn’t do business in Florida be sued by a Florida resident -- Answer ✔✔ yes; because the accident was caused in Florida that constitutes minimum contact
- Can a truck that DID NOT cause an accident in Florida and was just passing through Florida be sued by a Florida resident -- Answer ✔✔ no, not even minimum contact
- What type of statute allows one state to reach into another state and bring a defendant into the first state's courts? -- Answer ✔✔ long-arm statute
- car accident caused by a Florida business truck that is headquartered in Georgia but his a Florida resident can the Florida resident sue in federal trial court? -- Answer ✔✔ yes because they are residents of different states and the damages were over $75K
- In order to sue the someone you have to file the lawsuit in a court that also has -- Answer ✔✔ personal jurisdiction over the defendant
- Traditionally, courts of law offer three remedies, called remedies at law. what are these three traditional remedies: -- Answer ✔✔ - money
- remedies in equity involve -- Answer ✔✔ specific performance
- Part of the common law tradition relies on the doctrine of -- Answer ✔✔ stare decisis
