Law 4 - The Legal Environment of Business » Spring 2020 » Midterm Exam

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Question #1
One form of arbitration is mediation.
A.   FALSE
B.   TRUE
Question #2
If the Food & Drug Administration establishes procedures and requirements for a company to label its food “vegan,” this is an example of an administrative regulation.
A.   FALSE
B.   TRUE
Question #3
Equity may be viewed as a doctrine in the legal system that adheres to the principles of fairness.
A.   TRUE
B.   FALSE
Question #4
The "takings clause" prevents the government from taking private property unless it meets strict scrutiny.
A.   FALSE
B.   TRUE
Question #5
Although any state may make a treaty with a foreign government, only the federal government makes common law.
A.   FALSE
B.   TRUE
Question #6
The Fifth Amendment to the Constitution provides Robert, a private school teacher, due process protection from being fired without a hearing by a neutral fact finder.
A.   TRUE
B.   FALSE
Question #7
Courts always have personal jurisdiction over plaintiffs because a plaintiff implicitly consents to the court’s jurisdiction by filing the lawsuit.
A.   FALSE
B.   TRUE
Question #8
Sarah is fired from Widgets, Inc., a publicly traded company because her boss saw her protesting the government one weekend and her views differed from her boss’. Widgets, Inc. violated Sarah’s first amendment rights.
A.   FALSE
B.   TRUE
Question #9
After a heated argument, Michael’s girlfriend takes his laptop and slams it into the ground.  Michael was in a different room when she slammed the laptop but he heard the commotion and it startled him.  Michael will likely prevail if he sues his girlfriend for assault.
A.   FALSE
B.   TRUE
Question #10
‘‘Private’’ wrongs are called torts, and public wrongs are called crimes.,,
A.   TRUE
B.   FALSE
Question #11
Common law is a body of cases decided by legislatures.
A.   FALSE
B.   TRUE
Question #12
Laws enacted by society establish a minimum standard of behavior that is expected from each member of that society.
A.   FALSE
B.   TRUE
Question #13
Probable cause is a higher standard and a higher burden for the government to meet when compared to reasonable suspicion.
A.   FALSE
B.   TRUE
Question #14
Congress can create a statute on any topic at all.
A.   FALSE
B.   TRUE
Question #15
Two business managers applying the same theory of ethics will always come to the same conclusion.
A.   FALSE
B.   TRUE
Question #16
Malik is a California resident. While driving to work, Malik was side-swiped by Daveed, who is also a California resident. Malik wants to sue Daveed in Hawaii because he figures if he has to go to court, it might as well be in a fun place. Hawaii is likely to have personal jurisdiction over both.
A.   TRUE
B.   FALSE
Question #17
The principle of federal preemption means that federal courts can decide if they want personal or subject matter jurisdiction over a case and the state court must follow whatever they decide.
A.   FALSE
B.   TRUE
Question #18
Settlement can take at any time during the litigation process, even after trial.
A.   TRUE
B.   FALSE
Question #19
Equal Protection Clause has been interpreted to include requirement against federal government action, even though the actual text only speaks of state government action.
A.   FALSE
B.   TRUE
Question #20
Because administrative agencies have an interpretive/adjudicative function, rules created by the agency are not subject to judicial review.
A.   FALSE
B.   TRUE
Question #21
If you are convicted of robbery but you still contend that the man in the video is not you, you have an automatic right to appeal this issue to the U.S. Supreme Court.
A.   TRUE
B.   FALSE
Question #22
Rich Raheem is required to pay 30% of his income in taxes, while his best friend Poor Prentice only has to pay 10% of his income in taxes. In order to determine whether this type of discrimination is Constitutional, the court would apply the Rational Basis Test and the government would likely prevail.
A.   FALSE
B.   TRUE
Question #23
The 14th Amendment provides that the government must pay just compensation if it plans to take your property.
A.   FALSE
B.   TRUE
Question #24
The government is allowed more discretion in regulating commercial speech because our freedom of speech concerns are lower when referring to speech looking to make money versus speech seeking to express ideas, problems with government, or religion.
A.   FALSE
B.   TRUE
Question #25
Which is not an element of negligence:
A.   Breach
B.   Intent
C.   Duty
D.   Proximate cause
Question #26
The most accurate statement regarding appellate courts is:
A.   only the federal court system has appellate courts.
B.   appellate courts hear only criminal case.
C.   Witness testimony is more accurate at appellate courts.
D.   appellate courts generally accept the factual findings of the trial court.
Question #27
If the 9th Circuit ruled that drinking kombucha and driving is considered driving under the influence as a matter of law, the ruling will be binding on
A.   All state trial courts
B.   All district courts in the 9th circuit
C.   All federal district courts
D.   All state courts
Question #28
Lawrence loved gardening. He especially loved his prized petunias. Members of a biker gang liked to ride their bikes through a shortcut in the back part of Lawrence’s property, where his petunia garden grew.  Lawrence became upset with these bikers because they always damaged his garden when they rode through. One day, Lawrence heard the bikers coming, grabbed his shotgun, and ran out of the house, shooting in the direction of the bikers. “Yes! I got one!” exclaimed Lawrence as one of the shotgun bucks struck a biker. “That’ll teach them to mess with my petunias!”  If the biker sues Lawrence for battery, Lawrence will likely:
A.   lose because the actions are criminal.
B.   lose because all elements are met and there are no valid defenses.
C.   win because even though the elements are met, he can use defense of property as a justification.
D.   win because even though the elements are met, he can use self defense as a justification.
Question #29
Title VII of the Civil Rights Act forbids discrimination in employment on the basis of sex, race, religion, national origin, and color. The law provides that a person claiming a violation of Title VII has 180 days to file a complaint with the Equal Employment Opportunity Commission. The 180-day requirement is an example of:
A.   Common law
B.   Procedural law
C.   Preventative law
D.   Substantive law
Question #30
Jim told his manager, Lana, that a co-worker, Diane, had been in prison for theft. Lana checked into the matter and, when she learned that Diane had served time in prison for theft, fired her.
A.   Jim is liable to Diane for defamation.
B.   Jim is liable to Diane for defamation unless he can show a legitimate reason for having to tell Lana about Diane's prison history.
C.   Jim is liable to Diane for defamation only if she is a public figure.
D.   Jim is not liable to Diane for defamation.
Question #31
When an appeal is filed with the U.S. Supreme Court, the Supreme Court:
A.   must hear the case if two or more U.S. Circuit courts have decided the legal issue differently.
B.   has discretion as to which cases it hears.
C.   must hear the case if the validity of a federal statute is in question.
D.   must hear all cases.
Question #32
Title VII of the Civil Rights Act of 1964 forbids discrimination on the basis of sex. If the Fifth Circuit Court of Appeals recently ruled that same-sex harassment is not a violation of Title VII. The court’s decision is:
A.   Equity
B.   Ordinance
C.   Case law
D.   Administrative regulation
Question #33
A type of equitable remedy is:
A.   compensatory.
B.   actual.
C.   punitive.
D.   replevin.
Question #34
Probable cause means:
A.   the police have information that would lead a reasonable person to believe a crime was committed.
B.   the police have reasonable suspicion that a crime was committed.
C.   the defendant is probably guilty.
D.   the 4th amendment has not been infringed upon.
Question #35
There is a massive accident in Dallas! A big rig lost control and struck and completely damaged and totaled 10 cars. Your car was caught in the mix. Thankfully nobody was seriously injured, but there is a lot to litigate over such as who is at fault. The 10 car owners, all Dallas residents, join together as plaintiffs and sue the big rig company, which is headquartered in Houston. Can a federal court here this case?
A.   No because federal courts are too prestigious to deal with a run of the mill car accident case.
B.   Yes because they meet federal diversity jurisdiction requirements because we can estimate that 10 completely totaled cars is likely worth more than $75,000.
C.   No because while the minimum amount in controversy is likely met, the complete diversity requirement is not met.
D.   Yes because there is personal jurisdiction due the accident due to the accident occurring in Texas
Question #36
One morning, Miles placed a thumbtack on the chair of the office manager where he worked. He liked the office manager, but thought this would be a funny joke. Two days after sitting on the tack, the office manager was hospitalized with an infection caused by the tack. Which of the following is correct?
A.   Miles is liable for the pain caused by the tack but not the infection that happened later.
B.   No tort has been committed.
C.   Miles committed an intentional tort.
D.   Miles actions were negligent.
Question #37
The elements of negligence are:
A.   duty, negligence, cause in fact, damages.
B.   duty, breach, failure to act reasonable, causation, injury.
C.   duty, standard of care, proximate cause, damages.
D.   duty, breach, causation, damages.
Question #38
If under a state law, a dog owner is absolutely liable to any person who is injured by their dog, even if the dog is fenced and leashed, this is an example of:
A.   strict liability.
B.   negligence per se.
C.   res ipsa loquitur.
D.   negligence.
Question #39
Illegally obtained evidence is not permitted to be used at a criminal trial based upon the:
A.   Ninth Amendment.
B.   exclusionary rule
C.   silver plate doctrine
D.   fair play doctrine.
Question #40
If conducted thoroughly, the _______ stage of the litigation process will likely uncover any secret witnesses or evidence will before the trial begins.
A.   Discovery
B.   Interrogatory
C.   Pleading
D.   Investigation
Question #41
The major difference between mediation and negotiation is that
A.   Mediation is mandatory in cases before officially filing the lawsuit.
B.   Negotiation includes an unbiased third party.
C.   Negotiation is mandatory in all cases before officially filing the lawsuit.
D.   Mediation includes an unbiased third party.
Question #42
The Takings Clause allows the government to take private land for public benefit so long as the government pays:
A.   ust compensation
B.   A reasonable price
C.   Above market price
D.   Moving expenses
Question #43
Jeff picks up a piece of metal pipe and swings it around aiming at Gary. Gary sees the pipe coming toward his head and quickly ducks out of the way, and Jeff hits Mike in the back of the head.  What tort(s), if any, is Jeff liable for?
A.   Jeff is liable to Mike for assault and Gary for battery.
B.   Jeff is liable is not liable to Mike but liable to Gary for battery and assault.
C.   Jeff is liable to Mike and Gary for battery and assault.
D.   Jeff is liable to Mike for battery and Gary for assault.
Question #44
Colorado Cush Culinary Collective (C4) is a restaurant in Colorado the serves marijuana-infused meals. Recreational use of marijuana is lawful in Colorado. If C4 is shut down and the owner is taken to jail for selling and possession of marijuana, this would likely be due to
A.   A judge determining that C4’s action are amoral
B.   The neighborhood rallying against C4
C.   A police officer that believes marijuana should not be legal
D.   The Supremacy Clause
Question #45
If Oregon passed a statute that prohibited liquor stores from engaging in any kind of advertising, that statute would be:
A.   valid, as alcohol is illegal for minors.
B.   lid as an unreasonable restriction of free speech.
C.   valid as an exercise of police power.
D.   invalid as a violation of the Commerce Clause.

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