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Q:
Explain the concept of the incorporation doctrine.
Q:
What is the overbreadth doctrine? Explain.
Q:
Explain the features of commercial speech.
Q:
Explain the aspects of the freedom of the press.
Q:
What is a libel?
Q:
Explain the aspects of the contract clause.
Q:
Explain the four important aspects of amendments and basic protections.
Q:
Describe the two clauses included in the concept of freedom of religion.
Q:
Explain the features of freedom of speech.
Q:
What is federalism?
Q:
Briefly explain the supremacy clause.
Q:
Briefly explain the concept of preemption.
Q:
The meaning and application of the equal protection clause have been central issues in cases involving the:
A. right to possess guns.
B. freedom of the press.
C. freedom of expression.
D. prohibition of respecting any establishment of religion.
E. makeup of juries.
Q:
The equal protection clause has been applied in cases involving:
A. welfare residency requirements.
B. commercial speech.
C. right to use guns in public areas.
D. freedom of the press.
E. marriage.
Q:
Minimum rationality tests are applied to cases involving classifications based on _____.
A. race
B. national origin
C. legitimacy
D. marriage
E. gender
Q:
Quasi-strict scrutiny tests are applied to cases involving classifications based on _____.
A. height
B. legitimacy
C. marriage
D. age
E. weight
Q:
Mention the main purpose of the Fourteenth Amendment. List the three important clauses of the Fourteenth Amendment.
Q:
List the basic concepts of the United States Constitution.
Q:
Which of the following is true about the strict scrutiny approach?
A. It is used if the classification is partially suspect.
B. It falls between the minimum and quasi-strict scrutiny approaches.
C. It is used when the rights involved are not quite fundamental.
D. Classifications that are subject to this approach are presumed to be constitutional.
E. It is applied to cases involving classifications directed at fundamental rights.
Q:
The strict scrutiny approach is applied to cases involving rights such as the:
A. right to possess guns.
B. right to travel.
C. right to follow any establishment of religion.
D. right to exercise any religious practices.
E. right to free speech.
Q:
Which of the following is true about quasi-strict scrutiny tests?
A. Cases that fall under the minimum rationality approach use quasi-strict scrutiny tests.
B. If a classification has a reasonable basis and not wholly arbitrary one, these tests are used.
C. They are used for cases involving fundamental rights.
D. Cases that fall between the minimum rationality and strict scrutiny approaches use them.
E. If a classification is perfectly suspect, quasi-strict scrutiny tests are used.
Q:
Quasi-scrutiny tests are made on cases involving classifications based on _____.
A. gender
B. age
C. race
D. national origin
E. height
Q:
A military institute in California launched a separate program for women. However, the senior members of the program held that women would not be provided with the same type of rigorous military training, facilities, courses, faculty, financial opportunities, and alumni connections that were provided to male cadets. The women cadets of the program filed a suit in order to get justice. Which of the following approaches should be applied to enable the women avail justice?
A. Minimum rationality approach
B. Strict scrutiny approach
C. Quasi-scrutiny approach
D. Intermediate scrutiny approach
E. Rational basis approach
Q:
Under the minimum rationality approach, a _____ qualifies as a legitimate goal of government.
A. rational connection
B. prohibited state end
C. irrational state end
D. permissible state end
E. wholly arbitrary case
Q:
The _____ test is used if the classification involves either a suspect class or a fundamental constitutional right.
A. minimum rationality
B. quasi-scrutiny
C. rational basis
D. intermediate scrutiny
E. strict scrutiny
Q:
Classifications directed at race, national origin, and legitimacy of birth are _____ classes.
A. suspect
B. quasi-suspect
C. rational basis
D. intermediate
E. non-fundamental
Q:
Polly secured a good grade with a 4 GPA in her admission test. However, she was denied admission by a management school. Hence, she filed a suit that the school had discriminated against her on the basis of race; that she was rejected because the school used race as an important factor, giving applicants belonging to minority groups a greater chance of admission than students with similar credentials from disfavoured racial groups. Which of the following approaches should be applied to solve Polly's case?
A. Minimum rationality approach
B. Strict scrutiny approach
C. Rational basis approach
D. Intermediate scrutiny approach
E. Quasi-scrutiny approach
Q:
Which of the following is true about the strict scrutiny approach?
A. Under this approach, a classification will be an acceptance of equal protection.
B. Under this approach, a law creating different classifications will survive an equal protection challenge.
C. Classifications that are subject to this approach are presumed to be unconstitutional.
D. This approach is used when classifications are partially suspect or the rights involved are not fundamental.
E. This approach is used when classifications are rationally connected to a permissible government objective.
Q:
Which of the following statements is true about the due process clause?
A. It prevents individuals from acting in an arbitrary manner.
B. It applies to the actions of governmental bodies and individuals.
C. It prevents public utilities from acting in an unreasonable manner.
D. It does not prevent private individuals or corporations, including public utilities, from acting in an unreasonable manner.
E. It applies only to the actions of individuals and businesses'.
Q:
_____ cases involve whether proper notice has been given and a proper hearing has been conducted.
A. Equal protection clause
B. Contract clause
C. Exclusion clause
D. Limitation clause
E. Due process clause
Q:
The concept of incorporation through the _____ clause has made the protection of the Bill of Rights applicable to individuals subject to state and local regulations.
A. supremacy
B. contract
C. due process
D. limitation
E. exclusion
Q:
Which of the following is true under the minimum rationality approach?
A. A permissible state end is one which is prohibited by at least one provision of the Constitution.
B. A permissible state end is one which is not prohibited by another provision of the Constitution.
C. A permissible state end does not qualify as a legitimate goal of government.
D. A law creating different classifications will survive if it has an irrational connection to a permissible state end.
E. A law creating different classifications will survive if it has a rational connection to a prohibited state end.
Q:
If a person involved in a case involving freedom of the press is a public official or figure, a plaintiff seeking damages for emotional distress caused by offensive publications must prove _____ in order to recover.
A. slander
B. actual malice
C. common law malice
D. vilification
E. traducement
Q:
The Second Amendment consists of the:
A. right to free speech.
B. right to respect any establishment of religion.
C. right to possess guns.
D. right to freely exercise any religious practice.
E. right to free commercial speech.
Q:
Which of the following states that that government may not act in a manner that is arbitrary, capricious, or unreasonable?
A. Procedural clause
B. Contract clause
C. Exclusion clause
D. Limitation clause
E. Due process clause
Q:
Which of the following is true about commercial speech?
A. It is not protected by the First Amendment.
B. Corporations have First Amendment rights in the political speech arena.
C. The public interests served by freedom of expression protect the listener but not the speaker.
D. Freedom of speech for corporations is as extensive as the right of an individual.
E. Corporations are not protected and do not have the right to free speech.
Q:
Hungry Hogs Corporation, an international hotdog eatery produced a misleading television advertisement. One of the ads compared the nutritional value of their hotdogs to the burgers sold by Gobble Up Inc. The ad stated that two hotdogs of Hungry Hogs contained 30 grams of fat, whereas, one burger of Gobble Up Inc. contained 52 grams. This ad led to a good consumer response. However, an anti-restaurant political group filed a complaint with a federal institution. The federal institution issued an order prohibiting Hungry Hogs from making health-compatibility statements about its products without scientific evidence. This instance of regulation on advertising of health-compatibility statements about food products is an example of a limitation on _____.
A. symbolic speech
B. individual speech
C. overbreadth doctrine
D. commercial speech
E. freedom of thought
Q:
Which of the following is true about freedom of the press?
A. It is an absolute constitutional guarantee.
B. It refers to the right of the press to print anything it wants with liability.
C. Its preservation cannot be sought through constitutional protections.
D. It excludes communication and expression through electronic media.
E. It is usually construed to prohibit prior restraints on publications.
Q:
A _____ is used to recover damages as a result of printed defamation of character.
A. slander
B. calumny
C. libel
D. vilification
E. traducement
Q:
Gerard was hired to publish a weekly journal in the state of California. When he printed another person's article that criticized the governor of a state at the time, Gerard was accused of a certain tort theory. Which of the following tort theories would he most likely be accused of?
A. Libel
B. Calumny
C. Slander
D. Vilification
E. Traducement
Q:
A school in the state of Connecticut does not allow students to pray or maintain even a moment of silence in the school premises. Which of the following first amendment protections is this school providing?
A. Freedom of speech
B. Freedom of religion
C. Freedom of the press
D. Freedom of expression
E. Freedom of symbolic speech
Q:
Luke, Rocky, Nelly, and Mario are graffiti artists who belong to a minority community. They spray paints on a public wall in their city. They create designs and paintings on the wall depicting political and social issues that affect their community. This way, they protest against unfair practices. Which form of first amendment protection are these artists engaging themselves in?
A. Freedom of the press
B. Freedom of religion
C. Freedom of speech
D. Establishment clause
E. Free exercise clause
Q:
When a legislature passes a law that unnecessarily or too generally restricts freedom of speech, the court may declare the law unconstitutional based on the _____.
A. overreaching doctrine
B. overstretching doctrine
C. overextension doctrine
D. overbreadth doctrine
E. doctrine of nullification
Q:
A city makes it a crime to write anything on any public or private property. Harry was a resident of the city. He wanted to write something on a private sign that he owned. As he was worried about violating the law, he approached the court for support. The court declared this law unconstitutional based on the _____.
A. overreaching doctrine
B. overstretching doctrine
C. overextension doctrine
D. doctrine of nullification
E. overbreadth doctrine
Q:
The Magnuson-Moss Warranty Act provides that if a business adopts an informal dispute resolution system to handle complaints about its product warranties, then a customer cannot sue the manufacturer or seller for breach of warranty without first going through the informal procedures. How does the act benefit the business and the consumer?
Q:
Snow Crystals Inc., a leading skate park construction company, had constructed a skate park with a charter in the state of Alaska. A few years later, when the state authority sanctioned the Nightingale Bridge Company to build a bridge that would use the land where the skate park was already constructed, the proprietors of Snow Crystals claimed that the state authority had broken its agreement with Snow Crystals, and thus the contract had been violated. The owners claimed that the charter had implied exclusive rights to Snow Crystals Inc. Which of the following should be applied to enable Snow Crystals Inc. avail justice?
A. Preemption doctrine
B. State clause
C. Contract clause
D. Overbreadth doctrine
E. Supremacy clause
Q:
Which of the following is true about amendments and basic protections?
A. Basic constitutional rights are absolute.
B. Constitutional rights do not vary from time to time.
C. Constitutional rights are not interpreted during emergencies such as war or civil strife.
D. During peace time, constitutional principles are not reapplied.
E. Constitutional guarantees exist to protect the minority from the majority.
Q:
Which of the following is true about freedom of speech?
A. It covers both verbal and written communications.
B. It exists to protect the majority from the minority.
C. Its protection relates to private action that restricts our ability to express ourselves.
D. It covers written communications but not conduct or actions.
E. It is an absolute constitutional guarantee.
Q:
What are the four grounds that section 10 of the Federal Arbitration Act provides for vacating an arbitration award?
Q:
What is arbitral misconduct? List five instances of arbitrator misconduct that would lead to the vacating of an arbitrator's award.
Q:
What are the typical steps in the mediation process?
Q:
Compare and contrast voluntary and mandatory arbitration.
Q:
What is the role of judicial review in voluntary contract-based arbitration awards?
Q:
What are the benefits and difficulties of choosing a panel of three arbitrators over a single arbitrator?
Q:
Discuss arbitral awards and their relation to the courts.
Q:
What impact has the Federal Arbitration Act had on how the courts view arbitration?
Q:
How are arbitrators selected and compensated for mandatory arbitration proceedings?
Q:
What functions do experts serve in an arbitration?
Q:
What are the advantages of using an expert rather than a judge as an arbitrator?
Q:
With regard to dispute resolution, what is a focus group and why and when might one be used?
Q:
Discuss the importance of arbitration for labor relations disputes.
Q:
What potential problems do you see arising as a result of a poorly drafted predispute arbitration clause?
Q:
Which of the following is true of a caucus in the process of mediation?
A. It constitutes misconduct on the part of the arbitrator.
B. Once the mediator uses a caucus, the parties cannot meet face-to-face.
C. A caucus is only allowable if both parties are present at all times.
D. The presence of a mediator is not essential to the conduct of a caucus.
E. A caucus involves the mediator, and only one of the disputing parties.
Q:
The final step of a successful mediation is:
A. submitting any conclusions to a judge for judicial approval prior to implementation.
B. writing down the basic agreement reached and having it signed by all the parties.
C. providing all evidence given during the mediation to the parties' attorneys for use in the next phase of litigation.
D. agreeing that all future disputes be resolved in the same manner.
E. turning the results over to the arbitrator as the submission for arbitration.
Q:
When parties agree to resolve all the matters of contention that they can and to arbitrate the unresolved matters, they are said to be using a variation of dispute resolution known as:
A. judicial review.
B. a focus group.
C. submission.
D. Med-Arb.
E. a caucus.
Q:
Discuss Roger Fisher, William Ury, and Bruce Patton's influential book and the seven elements of negotiation presented in it. What is the focus of the book and how do the authors hope to change the focus of negotiation through it?
Q:
Why would a business choose to settle a dispute with a customer rather than litigate, even if the business is likely to prevail?
Q:
Which of the following is true of mediation?
A. Mediators tend to be more expert in the field than arbitrators so their decisions are less likely to be erroneous.
B. The disputing parties do not have control over the process, reducing preparation time.
C. Though mediation is typically more expensive than litigation and arbitration, the quality is often better.
D. A mediator cannot impose a binding solution on the parties as he is an interested party to the dispute.
E. A trial judge can require the disputing parties to submit to the mediation process before litigation.
Q:
The difference between a mediator and an arbitrator is that:
A. a mediator is not a neutral party.
B. an arbitrator is chosen by the disputing parties, while a mediator is not.
C. an arbitrator can force a binding solution on both parties.
D. a mediator can impose a binding solution on the parties.
E. only an arbitrator may be appointed by a judge.
Q:
_____ occurs when a trial judge requires the disputing parties to submit to the mediation process before a complaint can be litigated formally.
A. Restorative justice
B. Party-directed mediation
C. Precursor mediation
D. A caucus
E. Court-annexed mediation
Q:
Which of the following is true of caucuses in dispute resolution?
A. They generally occur during a mediation proceeding.
B. They only occur when mandated by a court order.
C. A caucus involves both parties negotiating without the mediator.
D. They are illegal because they are considered ex parte communications.
E. Caucuses are synonymous with de novo reviews.
Q:
The meeting between a mediator and one disputant outside the presence of the other disputant is called a _____.
A. calumny.
B. consensus.
C. convention.
D. convocation.
E. caucus.
Q:
The outcome of mediation:
A. is binding on all parties.
B. can have no impact on dispute resolution in any way.
C. is a legal finding that may be used in court if the dispute proceeds to litigation.
D. helps point out weaknesses in a case without an actual trial.
E. is a necessary precursor to arbitration.
Q:
Mediators are similar to arbitrators in that:
A. they can impose binding decisions on the parties.
B. they must be qualified and trained to practice.
C. their decisions can be imposed in a court of law.
D. they operate in cases of federal rather than local importance.
E. they must be disinterested third parties.
Q:
Typically, mediators utilize the principles of:
A. positional bargaining.
B. fact bargaining.
C. option-based negotiation.
D. surface bargaining.
E. interest-based negotiation.
Q:
A party dissatisfied with the mandatory arbitration award has the right to:
A. appeal the award directly to the state supreme court.
B. appeal the award directly to the U.S. Supreme Court.
C. reject the award and seek a review in the appropriate trial court.
D. sue the arbitrator.
E. ignore the disputed award.
Q:
If arbitration is conducted pursuant to state statute:
A. the statute determines what grounds may be used to challenge an award in court.
B. if a dispute arises involving interstate commerce, the statute of the state where the dispute is first submitted prevails.
C. a disputing party may choose to have Federal Arbitration Act provisions govern any resolution of the dispute if the state statute appears unfavorable to his or her position.
D. only Congress can overturn it.
E. only the U.S. Supreme Court can overturn it.
Q:
De novo review means that:
A. the court appoints an arbitrator to initiate arbitration proceedings.
B. the court tries the issues anew as if no arbitration occurred.
C. the court recommends that the party opt for mediation instead of litigation.
D. the court halts a mediation process and begins litigation.
E. the court takes into account the arbitrator's award in the litigation.
Q:
James has been appointed as an arbitrator in a dispute. Which of the following can he do without the danger of it constituting misconduct?
A. Accepting gifts from a party to the proceedings
B. Holding hearings without a member of the arbitration panel present
C. Communication with a party to the proceedings with consent of the other party
D. Receipt of evidence as to a material fact without notice to a party
E. Conducting an independent investigation into a material matter after the close of hearings
Q:
Ben and Jerry enter into a business agreement to assemble and sell prepackaged salads. In their written agreement, they both agree that they will be required to settle all disputes through arbitration. Which of the following is true of this situation?
A. This is an example of a mandatory arbitration clause.
B. This is an example of a voluntary arbitration clause.
C. This is an example of a caucus.
D. This is an example of court-annexed mediation.
E. This is an example of a postdispute arbitration agreement.