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Business Law
Q:
Tami's Tasty Tacos, a fast food outfit, files a suit against the state of Texas, claiming that a Texas state law violates the commerce clause. The court will agree if the statute imposes a substantial burden on
a. a local government.
b. interstate commerce.
c. noneconomic activity.
d. the state.
Q:
South Dakota, like other states, may regulate private activities to protect or promote the public order, health, safety, and general welfare under
a. the state's police powers.
b. the dormant commerce clause.
c. the due process clause.
d. the free exercise clause.
Q:
The commerce clause of the U.S. Constitution is found in
a. Article I, Section 8.
b. Article I, Section 2.
c. Article VIII, Section 1.
d. Article II, Section 8.
Q:
Antonin, a federal judge, retires. The vacant position will be filled by a judge
a. appointed by the United States Supreme Court.
b. elected by voters.
c. appointed by the President.
d. appointed by Congress.
Q:
The Constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that
a. Congress writes checks and the other branches balance the budget.
b. each branch has some power to limit the actions of the others.
c. the courts balance their authority to the other branches' checklists.
d. the president "checks" the courts, which "balance" the laws.
Q:
The Financial Institutions Association would like a certain law enacted, administered, interpreted, and enforced in the best interest of its members, which include banks. Under the Constitution, Congress
a. administers the laws.
b. enforces the laws.
c. interprets the laws.
d. makes the laws.
Q:
Individuals have a right to obtain access to information about them collected in government files.
Q:
Because the Constitution does not specifically a right to privacy, this right is denied to people.
Q:
A law that restricts people of a certain national origin from doing something will be carefully examined to make sure it promotes a compelling government interest before it is allowed to stand.
Q:
A law that limits the liberty of all persons may violate substantive due process.
Q:
A law that limits only some persons' exercise of a fundamental right is valid under any circumstances.
Q:
The terms "due process" and "equal protection" mean the same thing.
Q:
Substantive due process focuses on the substance of legislation.
Q:
Procedural due process requires that any government decision to take a person's property must be made fairly.
Q:
The Fourteenth Amendment guarantees a right to due process of law.
Q:
A law that has any impact on religion is unconstitutional.
Q:
The establishment clause of the U.S. Constitution prohibits the federal government from establishing a state-sponsored religion.
Q:
The First Amendment requires a complete separation of church and state.
Q:
The Children's Internet Protection Act requires public schools and libraries to use filtering software to block children's access to adult contact on Web sites.
Q:
The First Amendment protects defamatory speech.
Q:
The First Amendment protects corporate political speech.
Q:
A restriction on commercial speech is valid as long as it forbids only the expression of views on controversial issues.
Q:
Symbolic speech is defined as nonverbal expressions of belief and is protected by the First Amendment.
Q:
The Eighth Amendment prohibits excessive bail and fines, as well as cruel and unusual punishment.
Q:
The Fifth Amendment prohibits unreasonable searches and seizures of persons or property.
Q:
The Bill of Rights protects individuals against types of interference by the federal government.
Q:
The Second Amendment to the U.S. Constitution reserves all powers not delegated to the national government to the states.
Q:
Preemption occurs when Congress chooses to act exclusively in a concurrent area and a valid federal statue or regulation takes precedence over a conflicting state or local law.
Q:
When there is a direct conflict between a federal and a state law, the state law is rendered invalid.
Q:
Under their police powers, states can regulate only public activities, such as political demonstrations.
Q:
At least in theory, Congress can regulate every commercial enterprise in the United States.
Q:
Article I, Section 8, of the U.S. Constitution permits Congress to regulate interstate commerce.
Q:
The judicial branch has the power to hold actions of the other branches of government unconstitutional.
Q:
The President appoints federal judges with the advice and consent of the Senate.
Q:
The President determines the jurisdiction of the federal courts.
Q:
Under the Constitution, the judicial branch is responsible for foreign affairs.
Q:
Under the Constitution, the judicial branch interprets the laws.
Q:
The checks and balances in the U.S. Constitution prevent any one branch of government from exercising too much power.
Q:
All powers not specifically delegated to the federal government are reserved to the states.
Q:
In a country with a federal form of government, the national government and the states share sovereign power.
Q:
A confederal form of government is a confederation of independent states with a central government of very limited powers.
Q:
In a dispute between Cosmic Games Corporation and Mythic Engineering Associates, Inc., the court applies the doctrine of stare decisis. What is this doctrine? What does this doctrine have to do with the American legal system?
Q:
Americans with a Better Cause (ABC), a nonprofit organization, files a suit against the U.S. Department of Justice (DOJ), claiming that a certain federal statute the DOJ is empowered to enforce conflicts with the U.S. Constitution and with a state constitution. In each situation, which source of law has priority?
Q:
In 2005, Facebook launched a social media site that allows its users to designate certain other users as "friends." Facetrak, a gaming site that allows its users to play with designated "friends," claims that Facebook's use of the word constitutes false advertising and trademark infringement. Under the principles discussed in "A Sample Court Case," Apple, Inc. v. Amazon.com, Inc., Facebook's use most likely
a. creates an impression of seamless integration with Facetrak's "friends."
b. implies something false about the quality of Facebook's "friends."
c. makes no statement about the quality of Facetrak's "friends."
d. misleads gamers about the quality of Facebook's "friends."
Q:
Standard Business Company appeals a decision against it, in favor of Top Flight Corporation, from a lower court to a higher court. Standard is
a. the appellant.
b. the appellee.
c. the defendant.
d. the plaintiff.
Q:
The Texas Supreme Court decides the case of Livewire Co. v. Power Corp. Of nine justices, five believe the judgment should be in Livewire's favor. Justice Bellamy, one of the five, writes a separate opinion. The four justices who believe the judgment should be in Power's favor join in a third separate opinion.
Refer to Fact Pattern 1-1. The opinion joined by the four justices who favor Power is known as
a. a concurring opinion.
b. a dissenting opinion.
c. a majority opinion.
d. a per curiam opinion.
Q:
The Texas Supreme Court decides the case of Livewire Co. v. Power Corp. Of nine justices, five believe the judgment should be in Livewire's favor. Justice Bellamy, one of the five, writes a separate opinion. The four justices who believe the judgment should be in Power's favor join in a third separate opinion.
Refer to Fact Pattern 1-1. Bellamy's opinion is
a. a concurring opinion.
b. a dissenting opinion.
c. a majority opinion.
d. a per curiam opinion.
Q:
The Texas Supreme Court decides the case of Livewire Co. v. Power Corp. Of nine justices, five believe the judgment should be in Livewire's favor. Justice Bellamy, one of the five, writes a separate opinion. The four justices who believe the judgment should be in Power's favor join in a third separate opinion.
Refer to Fact Pattern 1-1. These opinions are collected and published in volumes called
a. citations.
b. codes.
c. regulations.
d. reporters.
Q:
Japan violates an international law. Other countries may take coercive actions, which include
a. violating the same law in the same way with impunity.
b. confiscating Japanese businesses.
c. boycotting Japanese goods.
d. taxing Japanese citizens.
Q:
Civil law
a. defines, describes, regulates, and creates legal etiquette.
b. spells out the rights and duties that exist between persons and between persons and their governments.
c. establishes the methods of enforcing the rights established by criminal law.
d. has to do with the wrongs committed against society for which society demands redress.
Q:
Beth is a victim of Carl's violation of a criminal law. Criminal law is concerned with
a. the prosecution of private individuals by other private individuals.
b. the prosecution of public officials by private individuals.
c. the relief available when a person's rights are violated.
d. wrongs committed against the public as a whole.
Q:
To Cody, the written law of a particular society at a particular time is most significant. Cody is a
a. legal positivist.
b. legal rationalist.
c. legal realist.
d. person who adheres to the natural law school.
Q:
Jane enters into a contract with Jill to provide 100 roses for a dinner party. Jane fails to deliver the roses. Jill initiates a suit against Jane, asking the court to order Jane to deliver the roses. Jill is
a. the plaintiff.
b. the defendant.
c. the binding authority.
d. the persuasive authority.
Q:
Chelsea is a state court judge. Like judges in most state courts, in a particular case, she may grant
a. a remedy at law only.
b. a remedy in equity or a remedy at law, but not both.
c. a remedy in equity and a remedy at law.
d. a remedy in equity only.
Q:
Maggie and Nate enter into a contract for the sale of a car, but Nate later refuses to deliver the car. Maggie asks a court to order Nate to perform as promised. Ordering a party to perform what was promised is
a. specific performance.
b. damages.
c. rescission.
d. beyond the court's authority.
Q:
Leona enters into a contract with Munchie Bakery to cater a sales conference. When the conference is postponed indefinitely, Leona asks a court to cancel the contract and return the parties to the positions that they held before its formation. This request involves
a. specific performance.
b. an injunction.
c. rescission.
d. an action that the court cannot order.
Q:
Eliza is a state court judge. Flora appears in a case in Eliza's court, claiming that Glover breached a contract. Which of the following actions may Eliza take?
a. Award damages or issue a decree of specific performance
b. Imprison Glover, but not Flora
c. Imprison Flora, but not Glover
d. Order the parties to pay Eliza to render a favorable ruling
Q:
In a suit against Knut, Leon obtains an injunction. This is
a. an order to do or to refrain from doing a particular act.
b. an order to perform what was promised.
c. a payment of money or property as compensation.
d. the cancellation of a contract.
Q:
Starlight Caf brings a suit, seeking a remedy at law. A remedy at law is
a. the payment of money or property as compensation for damages.
b. a decree of specific performance.
c. a judicial proceeding for the resolution of a dispute.
d. an injunction.
Q:
In an action against the sate of Idaho, Jaime obtains a remedy. This is
a. the relief given to an innocent party to enforce a right or to prevent or compensate for the violation of a right.
b. medication paid for by the government.
c. a right guaranteed by the Bill of Rights.
d. a situation or state of facts that gives a person a right to initiate a judicial proceeding.
Q:
Judge Julia decides that the precedent for the case she is hearing is no longer correct due to technological changes. She overturns the precedent when she decides the case. It is most likely that her case will
a. go unnoticed by the public.
b. be thrown out of court.
c. receive a great deal of publicity.
d. be ignored by the media.
Q:
In Benny v. City Car Dealership, a state supreme court held that a minor could cancel a contract for the sale of a car. Now a trial court in the same state is deciding Daphne v. Even Steven Auto Deals, Inc.,, a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to
a. allow the minor to cancel the contract.
b. disregard the Benny case.
c. order the minor to cancel the contract.
d. require the minor to fulfill the contract.
Q:
There are no precedents on which the court deciding the case Financial Investment Co. v. Goodhands Insurance, Inc., can base its decision. The court may consider
a. issuing an order according to the judge's personal values.
b. refusing to decide the case.
c. postponing a decision until a precedent is available.
d. basing a decision on public policy or social customs and values.
Q:
In the case of Retail Sales Corp. v. Trucking Delivery Co., the court may rule contrary to a precedent if the court decides that the precedent
a. is incorrect or inapplicable.
b. is not in line with the judge's personal values.
c. would lead to unintended consequences.
d. would not bring about the result the judge prefers.
Q:
Karen is a judge hearing the case of Local Dispatch Co. v. National Transport Corp. Applying the relevant rule of law to the facts of the case requires Karen to find previously decided cases that, in relation to the case under consideration, are
a. as different as possible.
b. as similar as possible.
c. at odds.
d. exactly identical.
Q:
Owen is a federal judge whose judicial decisions are part of case law, which does not include interpretations of
a. other case law.
b. constitutional provisions.
c. statutes.
d. sound bites in the media.
Q:
As a judge, Bonnie applies common law rules. These rules develop from
a. administrative regulations.
b. court decisions.
c. federal and state statutes.
d. proposed uniform laws.
Q:
The best definition of a precedent is
a. a law developed from custom.
b. a judicial proceeding for the determination of a dispute between parties in which rights are enforced or protected.
c. a proceeding by one person against another in court.
d. a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts.
Q:
Much of American law is based on
a. the English legal system.
b. the Spanish legal system.
c. the civil law of the Greeks.
d. Ancient Chinese law.
Q:
The Bay City Planning Department, the Coastal County Zoning Commission, the Delaware Environmental Quality Agency, and the U.S. Bureau of Land Management issue regulations. These rules constitute
a. administrative law.
b. case law.
c. stare decisis.
d. statutory law.
Q:
The Uniform Commercial Code has been adopted, at least in part, in
a. all states.
b. forty-five states.
c. thirty-five states.
d. no state.
Q:
Smithy Saddlery is a saddle shop subject to the laws of New York. In New York, the highest-ranking (superior) law is
a. a case decided by the New York Court of Appeals.
b. a rule created by a New York state administrative agency.
c. a provision in the New York constitution.
d. a statute enacted by the New York legislature.
Q:
The Pennsylvania legislature enacts a state law that violates the U.S. Constitution. This law can be enforced by
a. no one.
b. the federal government only.
c. the state of Pennsylvania only.
d. the United States Supreme Court only.
Q:
The Tenth Amendment to the U.S. Constitution
a. reserves to the states all powers not granted to the federal government.
b. reserves to the federal government all powers not granted to the states.
c. requires each state in the union to have its own constitution.
d. does not exist.
Q:
A provision in the California state constitution conflicts with a provision in the U.S. Constitution. If challenged
a. neither provision will be enforced.
b. the provisions will be balanced to reach a compromise.
c. the state provision, not the U.S. Constitution, will be enforced.
d. the U.S. Constitution, not the state provision, will be enforced.
Q:
Under Ohio's state constitution, the Ohio Environmental Protection Agency issues a new rule, the Polk County Commission approves a new property tax measure, and the professors and students at Ohio Law School publish the results of their most recent legal research. Sources of law do not include
a. the measures approved by local governing bodies.
b. the results of legal scholars' research.
c. the rules issued by state administrative agencies.
d. the states' constitutions.
Q:
Congress enacts a statute, the Federal Deposit Insurance Corporation (an administrative agency) issues rules, the Southeast Financial Institutions Association (a private organizations) issues instructions, South Valley Bank posts a memo with orders for its employees, and Tina tells her co-worker about a recent news story. Sources of law include
a. the instructions issued by private associations.
b. the orders posted by employers.
c. the rules issued by federal administrative agencies.
d. the stories released by news agencies.
Q:
Data Analytics, Inc., is a corporation engaged in the business of compiling, analyzing, and marketing data. To accomplish its purposes, Data Analytics obtains financing, and hires and fires employees. Laws and government regulations affect such business activities as
a. hiring and firing decisions.
b. the manufacturing and marketing of products.
c. business financing.
d. all of the choices.
Q:
International law is the law of a foreign nation and varies from country to country.
Q:
Government authorities cannot enforce national law.