Q&A Hero

Q: A state law imposed additional restrictions on companies in hiring foreign workers. The Supreme Court held that the state law violated the federal immigration law and declared the law unconstitutional. In this case, which of the following supports the act of the Court? A. the supremacy clause B. the exclusion clause C. the strict scrutiny approach D. the minimum rationality approach E. the contract clause

Q: Which of the following federal laws preempts a state law that authorizes a tort claim by workers that a union has breached its duty to ensure a safe workplace? A. the National Labor Relations Act B. the Sherman Antitrust Act C. the Landrum-Griffin Act D. the Occupational Safety and Health Act E. the Clayton Act

Q: Which of the following statements is true of preemption? A. When the federal government preempts laws in an area, state laws are given preference over the federal law in that area. B. If a federal law preempts a subject, then any state law that attempts to regulate the same activity is unconstitutional. C. Preemption does not apply to federal statutes and rules of federal administrative agencies. D. The concept of preemption arises from the contract clause of the Constitution. E. Preemption grants the federal government the power to regulate foreign commerce.

Q: A municipality zoning ordinance attempts to regulate the placement of satellite dish antennas in residential areas by specifying the size and location requirements. The Supreme Court rules that the zoning ordinance is unconstitutional as it violates the Federal Communications Commission Regulation law. In this case, the ruling of the Supreme Court illustrates the concept of ______. A. preemption B. the contract clause C. the exclusion clause D. minimum rationality E. defamation

Q: The separation of powers between levels of government is known as ______. A. feudalism B. federalism C. imperialism D. monarchism E. fascism

Q: ______ states the Constitution will become effective upon ratification of the states. A. Article I B. Article II C. Article III D. Article VII E. Article V

Q: The ______ to the U.S. Constitution reinforces federalism by reserving some powers to the states and to the people. A. First Amendment B. Second Amendment C. Tenth Amendment D. Thirteenth Amendment E. Twelfth Amendment

Q: Which of the following statements is true of federalism? A. Federalism allows state government to limit the federal governments exercise of powers. B. Federalism is typically a smooth process and is rarely discussed in a court of law. C. Federalism recognizes that all levels of government have interrelated roles. D. The federal government can impair the ability of the state government to function in the federal system. E. The federal government recognizes that it was created by the states.

Q: Which of the following is given first priority when various laws are not consistent? A. U.S. Constitution B. state laws C. local laws D. U.S. laws E. federal laws

Q: Under the ______, courts may be called upon to decide if a state law is invalid because it conflicts with a federal law. A. minimum rationality approach B. exclusion clause C. strict scrutiny approach D. supremacy clause E. contract clause

Q: The due process clause prevents public utilities from acting in an unreasonable manner.

Q: Under the minimum rationality approach, a classification must be wholly arbitrary.

Q: Under the strict scrutiny test, a classification will be a denial of equal protection unless the classification is necessary to achieve a compelling state purpose.

Q: Quasi-strict scrutiny has resulted in holdings that find laws to be valid as well as unconstitutional.

Q: The ______ creates the Congress, the presidency and vice presidency, and the Supreme Court of the United States. A. Perpetual Union B. Articles of Association C. United States Charter D. United States Constitution E. Bill of Rights

Q: A major area of litigation involving freedom of the press involves defamation.

Q: The takings clause of the Fifth Amendment to the Constitution provides individuals the right to possess and use guns in their homes.

Q: Eminent domain means the government can take private property for public use upon paying just compensation.

Q: Due process clause applies to the actions of individuals or businesses.

Q: Freedom of speech provides the freedom to express ideas antagonistic to those of the majority.

Q: Freedom of speech protects corporations as well as individuals.

Q: The public interests served by freedom of expression protect the listener but not the speaker.

Q: The publishing business is the only organized private business given explicit constitutional protection.

Q: If the press publishes that which is illegal or libelous, it has liability for doing so.

Q: A libel is used to recover damages as a result of transitory statements.

Q: Constitutional rights remain constant and do not vary from time to time.

Q: The establishment clause deals with freedom of speech.

Q: The establishment clause and the free exercise clause guarantee freedom of religion through the separation of church and state.

Q: Freedom of speech recognizes that there is no such thing as a false idea.

Q: Freedom of speech is an absolute constitutional guarantee.

Q: Constitutional guarantees exist in order to remove certain issues from the political process and the ballot box.

Q: The first ten amendments are known as the Bill of Rights.

Q: Basic constitutional rights are absolute.

Q: The extent of any limitation on a basic constitutional guarantee depends upon the nature of the competing public policy.

Q: The concept of preemption applies only to federal statutes, not to the rules and regulations of federal administrative agencies.

Q: The contract clause applies to the federal government in many ways.

Q: Under the contract clause, states cannot enact laws that impact rights and duties under existing contracts.

Q: The contract clause restricts the federal governments power to impact contractual relationships.

Q: Labeling an activity a local or intrastate activity prevents Congress from regulating it under the commerce clause.

Q: A key aspect of Article I is the commerce clause, the constitutional provision that gives the power to the government to regulate business.

Q: The concept of federalism recognizes that all levels of government have interrelated roles to play.

Q: The federal government recognizes that states have no sovereignty.

Q: A conflict exists between a state law and a federal law if the state statute would prevent or interfere with the accomplishment and execution of the full purposes and objectives of Congress.

Q: Article VI of the U.S. Constitution makes it clear that federal law is supreme over a state law or local ordinance.

Q: A state statute that permits indirect purchasers to collect damages for overcharges resulting from price-fixing conspiracies is preempted by the National Labor Relations Act.

Q: If an arbitrator undertakes an independent investigation into a material matter after the close of hearings without notice to the disputing parties, such an action constitutes misconduct on the part of the arbitrator.

Q: In mandatory arbitration, an award is an intermediate step in resolving a dispute if the trial itself is desired by a party.

Q: Judicial review of voluntary/contract-based arbitration requires a de novo review of the interpretation and application of the law by the arbitrators.

Q: Courts throughout the United States have uniformly upheld mandatory arbitration statutory schemes as against the constitutional challenges where a dissatisfied party can reject an arbitrators award and seek a de novo judicial review of that award.

Q: The failure of a party to be present at an arbitration constitutes a waiver of the right to reject the arbitration award and seek de novo judicial review.

Q: Statutorily mandated arbitration requires a higher level of judicial review of an award than voluntary arbitration.

Q: An arbitrators erroneous view of the law, no matter how egregious, is always binding because the disputing parties have agreed to accept their arbitrators view of the law.

Q: The judicial review of an arbitrators award in a voluntary arbitration procedure is quite restricted and is more limited than the appellate review of a trial courts decision.

Q: Rita files a case against her husband involving the custody of their child. This is an example of a case that is subject to court-annexed mediation.

Q: Individual states are not limited by the constitution when they make laws that deny arbitration of certain disputes.

Q: The court mandates an enforcement mechanism that ensures the disputing parties will mediate in good faith.

Q: In mediation, the disputing parties retain full control over the resolution (or lack thereof) of their controversy.

Q: The federal system and all state systems require arbitration hearings to be conducted according to the established rules of evidence.

Q: Generally, an arbitrators award does not need to set forth conclusions of law or the reasons for an award.

Q: The important role and positive perception of arbitration among businesses today probably would not exist without the Federal Arbitration Act.

Q: Rules related to court-annexed mediation are federally mandated.

Q: A court assumes arbitration was intended unless it can say with positive assurance that the arbitration clause was not intended to include the particular dispute.

Q: A mediator cannot impose a binding solution on the disputing parties.

Q: The issues submitted to arbitration in any state cannot include questions of law.

Q: Arbitration enables the disputing parties to avoid the formalities of a courtroom.

Q: It is mandatory to have a panel of three arbitrators to decide on any dispute case.

Q: An arbitrator must satisfy the licensing requirements put forth by the American Arbitration Association.

Q: The disputing parties in arbitration can choose an arbitrator only from a list of qualified arbitrators provided by the arbitration service regardless of any agreement made prior to the selection of arbitrators.

Q: Each state has its own licensing regulations for arbitrators.

Q: To avoid the various expenses of litigation, disputing parties can agree to have a third party decide the merits of their dispute.

Q: A primary function of arbitration is to serve as a prelude to litigation.

Q: After a hearing is conducted by an arbitrator or arbitrators, the submission to arbitration occurs.

Q: Generally, an agreement to submit an issue to arbitration is irrevocable.

Q: A party involved in arbitration can withdraw from the arbitration process and resort to litigation if the members of that party think the process is not going well.

Q: Most state statutes authorizing voluntary arbitration accept an agreement to arbitrate even if it is oral in form.

Q: Litigation precludes the use of alternative dispute resolution techniques.

Q: The fact that the losing party in a lawsuit usually also has to pay court costs is an added incentive to settlement without litigation.

Q: Juries often decide close questions of liability, as well as size of the verdict, against business organizations.

Q: Focus groups give attorneys insight into possible jury reaction to evidence and point up weaknesses in a case.

Q: Most businesses use litigation as the primary means to resolve disputes.