Test #1 part A - Law and Society LW 270 Hourly Examination...

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Unformatted text preview: Law and Society LW 270 February 14, 2008 Hourly Examination Number 1 Prof. Katherine Hannan Wears Name: Read all questions carefully. Do not stop at the first answer that appears correct and presume that it is the correct answer. Provide the best correct answer. The test will be scored from the bubble sheet. An incorrect answer on the bubble sheet will be an incorrect answer despite the answer circled on the question paper. Write your name on the front of the bubble sheet, last name, first name. "Bubble" your name on the reverse, last name, first name. GOOD LUCK 1. Which one of these is not a source of law discussed in this course? a. Legislation. b. Prior case law 0. Constitutions d. Arbitration decisions. 2. In diversity of jurisdiction cases, federal courts apply law from what source? a. State substantive law. b. Federal substantive law. c. State public law a. Federal public law. 3. You begin work at Everhappy Corp. at the beginning of November. On your second day at work, you wear a political button on your overcoat, supporting your choice for president in an upcoming primary. Your boss glances at it and says, “Get that stupid thing out of this office or you’re history, Chump." You protest that his statement violates your first amendment constitutional rights. Are you right? a. Yes, you have rights under the First Amendment in this situation. b. Yes, you have rights under the Civil Rights Act of 1964 in this situation. The CRA of 1964 has been declared constitutional by the United States Supreme Court. 0. No, the Civil Rights Act does not grant protection to citizens in the workplace. (1. No, constitutional rights do not protect a person in a private workplace. 4. Which is not an example of procedural law? a. An answer to a complaint must be filed within 30 days of the service of the summons and complaint. b. A criminal defendant is entitled to legal representation. 0. A defendant in a civil case is entitled to a trial by jury. d. A plaintiff is entitled to recover in a tort case if the plaintiff can prove that he/she was the victim of a tort. 5. State A passes a statute declaring that those who sell heroin are to receive a mandatory 30 year sentence. How would this law be best described in terms of the following classifications? a. Civil, public, procedural. b. Civil, private, substantive. c. Criminal, public, substantive. d. Criminal, private, procedural. 6. ( T F ) The purpose of the first ten amendments of the constitution was to enlarge the power of the federal government. 7. The case of Aaron v. Baker C0. is heard in a Minnesota District Court, the trial court in that state. It is a case involving an alleged breach of contract. The plaintiffis a Minnesota resident. The defendant is a Minnesota corporation. The plaintiff is requesting $70,000. In this case, how is this court described in terms of the following classifications? This court is a court of a. original, general and exclusive jurisdiction b. appellate, limited and concurrent. c. original. limited and exclusive jurisdiction. (1. appellate, general and concurrent jurisdiction. e. original, general and concurrent jurisdiction. 8. 44 Liquormart. a licensed Rhode Island liquor store, ran a newspaper advertisement containing an implied reference to its bargain prices. For this reason, the state’s Liquor Control Administrator levied a fine of $400 on 44 Liquormart under Rhode Island statute forbidding public price advertising for alcoholic beverages. 44 Liquormart argued that the statutes under which it was fined violated the First Amendment. Rhode Island argued that the statute was valid as an exercise of its police power since people would be less inclined to buy alcohol if they are unaware that it is being sold at a cheaper price. Which is the correct statement of the test that a court will apply in deciding the case? The restriction on speech must seek to implement a substantial governmental interest. The restriction on speech must directly advance a substantial governmental interest. The restriction on speech must go no further than necessary to accomplish its objective. All of the above tests will be applied. 9.0 9‘9 9. Suppose that Oklahoma statutes set the age for drinking beer at 21 for men and 18 for women. The asserted purpose behind the statute (and the gender based classification) was traffic safety. The statutes were challenged as a denial of equal protection by male residents of Oklahoma. What standard will a court apply in deciding the case? a. Strict scrutiny test. b. Intermediate scrutiny test. c. Rational basis test. d. None of the above. 10. Owens is a federal judge whose judicial decisions are part of case law. Case law includes interpretations of a. Administrative regulations only. b. Constitutional provisions only. c. Statutes only. d. Administrative regulations, constitutional provisions, and statutes. 1 1. Ace Corporation requires its employees to have a high school diploma, claiming a definite connection between a high school education and job performance. In a suit against Ace under Title VII, this requirement is shown to have a discriminatory effect. Ace a. can win if it proves an affirmative action defense. b. can win if it proves a bona tide occupational qualification defense. c. can win if it proves a business necessity defense. d. cannot win. It has no defense to an employment practice that has a discriminatory effect. 12. Chris sues Delta, Inc., for employment discrimination under a state law. When compared to federal law, state law, which of the following statements is false: a. may apply to firms with fewer employees. b. may provide for greater protection than provided by federal law. c. is subject to the supremacy clause. d. cannot apply because federal law pre‘empts state law. 13. ( T F ) A federal form of government is one in which sovereign power is vested entirely in a central governing authority. 14. ( T F )Courts do not depart from precedents. 15. Which of the following is a defense to a negligence claim? a. Self—defense. b. Defense of property. c. Assumption of risk. d. Truth. 16. Kate believes that George is about to hit her. To prevent harmful contact in dangerous situations, a person may use a. any force. b. any force, except force that is likely to cause death. c. whatever force is reasonably necessary. (1. no force. 17. The Equal protection clause: a. prohibits any unequal treatment of citizens based on any classification. b. applies only to conduct by private parties. c. applies to both state and federal governments. (1. does not permit reasonable classifications. 18. The Supremacy Clause of the constitution refers to: a. the power of the President. b. the power of the Supreme Court to make decisions. c. the power of the federal Government to preempt state law in certain areas. (1. all of the above. 19. A long arm statute enables a federal court to decide certain state cases. a state court to decide certain federal law claims. a court of one county to decide claims arising in another county. a state court to decide certain claims against nonresidents. 9.0.275» 20. Under the tort doctrine of strict liability, liability is: based on fault. based on negligence. not based on fault. imposed only for intended wrongfiil acts. 9.0575” 21. The functions of the Environmental Protection Agency, like those of most administrative agencies, include a. adjudication. c. declaration. b. enunciation. d. pronunciation. 22. The state of New York regulates private activities to protect or promote the public order, health. safety, and general welfare under its a police powers. taxing powers. . spending powers. . supremacy powers. b. c d 23. ( T F ) Under the defense of comparative negligence, the plaintiff loses all the damages (money) that he or she might have been awarded absent the defense. 24. ( T F ) The Bill of Rights confers absolute rights, not subject to interpretation by the United States Supreme Court. 25. Fred, the president of Good Retail Corporation, claims that certain actions by the federal government and the state of Hawaii infringe on rights guaranteed by the Bill of Rights. Most of these rights limit a. neither the state government nor the federal government. b. the federal government only. c. the state government and the federal government. d. the state government only. 26. South Carolina enacts a statute to impose a prison term, without a trial, on all street vendors who operate in certain areas. A court would likely hold this to be constitutional under the due process clause. constitutional under the equal protection clause. unconstitutional under the due process clause. unconstitutional under the equal protection clause. 999‘?” 27. A federal statute regulates an employment practice. To resolve a dispute concerning the practice, Paula, a judge, will most likely apply a. a common law doctrine that applied before the statute was enacted. b. a common law doctrine that applies to other, different practices. c. Paula’s personal philosophy of law. d. the statute. 28. The term substantive law refers to laws that a. create legal rights and obligations. b. establish the methods of enforcing rights. 0. focus on major, as opposed to minor, issues. d. prohibit substandard acts. 29. Ace Corporation uses, in its radio ads, a recording by Blair, who owns the rights, without paying for the use. Over time, the song comes to be associated with Ace‘s products, Blair sues Ace. Ace is liable to Blair for appropriation. conversion. wrongful interference with a customary relationship. none of the above. 9-957?” 30. Excel Dry~Cleaning advertises so effectively that Next Day Cleaners’s regular customers patronize Excel instead of Next Day. Excel has committed appropriation. wrongful interference with a business relationship. wrongful interference with a contractual relationship. none of the above. 9-9.0“? 31. Eve, an architect, hires F rank, an accountant, to handle her accounts. Dissatisfied with Frank’s work, Eve sues him, alleging negligence. Frank may successfully defend against the suit by proving that he a. did not injure Eve in any way. b. does not know every principle of accounting. c. performed as well as an ordinary person could have. d. performed as well as Eve could have. 32. Driving his sport utility vehicle negligently, Bart crashes into a streetlight. The Streetlight falls, smashing through the roof of a house, killing Chris. But for Bart’s negligence, Chris would not have died. Regarding the death, the crash is the a. cause in fact. b intervening cause. c. proximate cause, d. superseding cause. 33. Kay carelessly bumps into Lyle. knocking him to the ground. Kay has committed the tort of negligence a. only if Lyle is injured. b. only if Lyle is not injured. c. under any circumstances. d. under no circumstances. 34. Ralph. a van driver for Standard Delivery Company, causes a multi-vehicle accident on a city street. Ralph and Standard are liable to a. all those who were injured. b. only those who were uninsured. c. only those whose injuries could have been reasonably foreseen. d. only those whose vehicles were closest to Rod’s van. 35. Irma files a civil suit against Jim. To succeed. Irma must prove her case a. beyond a reasonable doubt. b. by a preponderance of the evidence. 0. by indisputable proof. d. within an iota of the truth. 36. Household Furnishings, Inc.. distributes its merchandise on an interstate basis. Under the commerce clause. Congress has the power to regulate any commercial activity in the United States. only activities that are in intrastate commerce. only activities that are in local commerce. only activities that constitute interstate commerce. 999‘?” 37. The requirement that no person be deprived of “life, liberty. or property without due process of law” is found in a. the First Amendment only. b. the Fifth Amendment only. c. the Fourteenth Amendment only. (1. the Fifth Amendment and the Fourteenth Amendment. 38. Ira files a suit against Joy in a Kansas state court. Joy’s only connection to Kansas is an ad on the Web originating in Louisiana. For Kansas to exercise jurisdiction. the issue is whether Joy’s ad represents a. commercial cyber presence in Kansas. general maximum conduct in Kansas. sufficient minimum contacts with Kansas. virtual business solicitations in Kansas. 9.0.0" 39. Which of the following statements represents the position of legal positivists? a. This formal law is inferior to moral and ethical principles that are part of human nature and the law is void. b. Since society has changed and a practice of non-enforcement of this law has evolved, the law is void. 0. There is no higher law than a nation’s positive law and unless the positive law is enforced. anarchy will result. d. Taking into account the social realities of the society of Nation Y. this law is void because it is not enforced and does not reflect the needs and desires of the citizens. 40. Kelly is injured when she slips and falls on Lee’s sidewalk. To determine whether Lee owed a duty of care to Kelly. Lee is subject to the standard of a realistic person. a reasonable person. a recognizable person. a reliable person. 999‘?” 41. ( T F ) Constitutional law includes only the US. Constitution. 42.( T F ) Statutory law does not include county ordinances. 43.( T F ) Final administrative rules do not have binding legal effect. 44. ( T F ) Criminal law focuses on duties that exist between persons. 45. ( T F ) Mandatory arbitration clauses in employment contracts are not enforceable. 46. ( T F ) To commit an intentional tort, a person must intend the consequences of his or her act or know with substantial certainty that certain consequences will result. 47. ( T F ) To commit an intentional tort, a person must act with a harmfitl motive. 48. ( T F ) Title VII applies to all employers within the United States. 49. ( T F ) Disparate~impact discrimination occurs when an employer intentionally discriminates against an employee who is a member of a protected class. 50. ( T F ) Professor Wears wishes you a happy Valentine’s Day. V Dear L W 270 Students: There has been a change of schedule. We will not be doing the re-take in class tomorrow. Instead, we will do the re-take in class on Monday. We will cover Chapter 10 in class tomorrow. See you then .’ Katherine Hannan Wears ...
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