BUSAD 120 - Business Law » Winter 2024 » Case Problem Analysis 01.1 Sources of Law

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Question #1
AOL, LLC, mistakenly made public the personal information of six hundred fifty thousand of its members. The members filed a suit in California, alleging violations of federal law and California state law. The member agreement between AOL and its members included a provision declaring Virginia as the location of any court dispute. AOL asked the court to dismiss the suit on the basis of that "forum-selection" clause in its member agreement. Under a previous decision of the United States Supreme Court, a forum-selection clause is unenforceable "if enforcement would contravene a strong public policy of the forum in which suit is brought." California courts previously have held in other cases that clauses similar to the AOL clause contravene a strong public policy. In deciding whether to dismiss the suit, the court in California first should look to _______ sources of law, or sources that establish the law.
A.   secondary
B.   supreme
C.   uniform
D.   primary
Question #2
AOL, LLC, mistakenly made public the personal information of six hundred fifty thousand of its members. The members filed a suit in California, alleging violations of federal law and California state law. The member agreement between AOL and its members included a provision declaring Virginia as the location of any court dispute. AOL asked the court to dismiss the suit on the basis of that "forum-selection" clause in its member agreement. Under a previous decision of the United States Supreme Court, a forum-selection clause is unenforceable "if enforcement would contravene a strong public policy of the forum in which suit is brought." California courts previously have held in other cases that clauses similar to the AOL clause contravene a strong public policy. Two important resources for the court in making this decision are the state and federal __________ , which outline the powers, and limits to those powers, of the state and federal governments.
A.   statutes
B.   common law
C.   administrative regulations
D.   constitutions
Question #3
AOL, LLC, mistakenly made public the personal information of six hundred fifty thousand of its members. The members filed a suit in California, alleging violations of federal law and California state law. The member agreement between AOL and its members included a provision declaring Virginia as the location of any court dispute. AOL asked the court to dismiss the suit on the basis of that "forum-selection" clause in its member agreement. Under a previous decision of the United States Supreme Court, a forum-selection clause is unenforceable "if enforcement would contravene a strong public policy of the forum in which suit is brought." California courts previously have held in other cases that clauses similar to the AOL clause contravene a strong public policy. Another resource for the court are the _______ passed by the United States ________ and the state ________ .
A.   regulations, congress, legislatures
B.   statutes, agencies, governors
C.   statutes, congress, legislatures
D.   regulations, agencies, governors
Question #4
AOL, LLC, mistakenly made public the personal information of six hundred fifty thousand of its members. The members filed a suit in California, alleging violations of federal law and California state law. The member agreement between AOL and its members included a provision declaring Virginia as the location of any court dispute. AOL asked the court to dismiss the suit on the basis of that "forum-selection" clause in its member agreement. Under a previous decision of the United States Supreme Court, a forum-selection clause is unenforceable "if enforcement would contravene a strong public policy of the forum in which suit is brought." California courts previously have held in other cases that clauses similar to the AOL clause contravene a strong public policy. If the court cannot find any sources of law that establish or direct their decision to dismiss the suit, the court should then turn to ________ sources of law for guidance.
A.   secondary
B.   primary
C.   uniform
D.   supreme
Question #5
AOL, LLC, mistakenly made public the personal information of six hundred fifty thousand of its members. The members filed a suit in California, alleging violations of federal law and California state law. The member agreement between AOL and its members included a provision declaring Virginia as the location of any court dispute. AOL asked the court to dismiss the suit on the basis of that "forum-selection" clause in its member agreement. Under a previous decision of the United States Supreme Court, a forum-selection clause is unenforceable "if enforcement would contravene a strong public policy of the forum in which suit is brought." California courts previously have held in other cases that clauses similar to the AOL clause contravene a strong public policy. If the California court turns to prior court opinions to determine if it should dismiss the suit, it is looking for ________ .
A.   jurisdiction
B.   rationale
C.   precedent
Question #6
AOL, LLC, mistakenly made public the personal information of six hundred fifty thousand of its members. The members filed a suit in California, alleging violations of federal law and California state law. The member agreement between AOL and its members included a provision declaring Virginia as the location of any court dispute. AOL asked the court to dismiss the suit on the basis of that "forum-selection" clause in its member agreement. Under a previous decision of the United States Supreme Court, a forum-selection clause is unenforceable "if enforcement would contravene a strong public policy of the forum in which suit is brought." California courts previously have held in other cases that clauses similar to the AOL clause contravene a strong public policy. The system of prior court opinions is called
A.   constitutional law
B.   case law
C.   administrative law
D.   statutory law
Question #7
AOL, LLC, mistakenly made public the personal information of six hundred fifty thousand of its members. The members filed a suit in California, alleging violations of federal law and California state law. The member agreement between AOL and its members included a provision declaring Virginia as the location of any court dispute. AOL asked the court to dismiss the suit on the basis of that "forum-selection" clause in its member agreement. Under a previous decision of the United States Supreme Court, a forum-selection clause is unenforceable "if enforcement would contravene a strong public policy of the forum in which suit is brought." California courts previously have held in other cases that clauses similar to the AOL clause contravene a strong public policy. The California court will follow the decision of the United States Supreme Court because of the doctrine of _________ . The United States Supreme Court decision is _______ on the California courts.
A.   stare decisis, binding
B.   stare opinium, nonbinding
C.   prior opinium, binding
Question #8
AOL, LLC, mistakenly made public the personal information of six hundred fifty thousand of its members. The members filed a suit in California, alleging violations of federal law and California state law. The member agreement between AOL and its members included a provision declaring Virginia as the location of any court dispute. AOL asked the court to dismiss the suit on the basis of that "forum-selection" clause in its member agreement. Under a previous decision of the United States Supreme Court, a forum-selection clause is unenforceable "if enforcement would contravene a strong public policy of the forum in which suit is brought." California courts previously have held in other cases that clauses similar to the AOL clause contravene a strong public policy. Because of the United States Supreme Court opinion and the prior California cases regarding clauses of this type, the California court _______ enforce the clause in the contract.
A.   will
B.   will not
Question #9
AOL, LLC, mistakenly made public the personal information of six hundred fifty thousand of its members. The members filed a suit in California, alleging violations of federal law and California state law. The member agreement between AOL and its members included a provision declaring Virginia as the location of any court dispute. AOL asked the court to dismiss the suit on the basis of that "forum-selection" clause in its member agreement. Under a previous decision of the United States Supreme Court, a forum-selection clause is unenforceable "if enforcement would contravene a strong public policy of the forum in which suit is brought." California courts previously have held in other cases that clauses similar to the AOL clause contravene a strong public policy. Because of the precedent set, the California court _______ dismiss the suit and the case will be heard in _________.
A.   will not, California
B.   will, Virginia
C.   will, California
D.   will not, Virginia

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