Question 21
As a general rule, judges who are scheduled to have a case tried before them: are not allowed to pressure the parties to come to a settlement
may not allow a settlement once discovery is completed
may strongly encourage the parties to settle and not have a trial
may rule in favor of a party that refuses to agree to a settlement before trial
none of the other choices
Question 22
As a general rule, judges who are scheduled to have a case tried before them: are not allowed to pressure the parties to come to a settlement
may not allow a settlement once discovery is completed
may strongly encourage the parties to settle and not have a trial
may rule in favor of a party that refuses to agree to a settlement before trial
none of the other choices
Question 22
The U. S. Supreme Court was created by:
vote of 2/3 of the states
vote of a majority of the states
the President with the approval of the Senate
the President with the approval of both houses of Congress
none of the other choices are correct
Question 23
In his writings about "the ethics of social responsibility" Peter Drucker asserts that the first responsibility of a business leader is:
to ensure that the company upholds its ethical standards
to ensure that there is no racial discrimination
to ensure that everyone gets an equal share of the profits
to ensure that the corporate mission is fulfilled
none of the other choices
Question 24
When authorized by the Judicial Conference of the United States, federal judges may:
appoint one or more magistrate for a one year term
only appoint magistrates after serving for at least five years
appoint one or more magistrate for eight year terms
appoint one or more magistrates who "serve at their pleasure"
chose which cases they want to hear
Question 25
One of the major advantages of dispute resolution through the common law is:
strict adherence to prior decisions, so that the law does not change
its ability to change with the times
the Congress can pass laws in accordance with the wishes of the voters
a state constitution specifies how laws are passed
none of the other choices are correct
Question 1
strict adherence to prior decisions, so that the law does not change
its ability to change with the times
the Congress can pass laws in accordance with the wishes of the voters
a state constitution specifies how laws are passed
none of the other choices are correct
Question 1
Criminal codes:
define the scope of defenses that may be used in court
define the scope of offenses against defendants
define the scope of defenses against the public
define the scope of offenses minors can commit
none of the other choices are correct
Question 2
In the United States, only ____ can bring criminal charges.
public institutions
private citizens
the government
the Supreme Court
private investigators
Question 3
Racketeering includes:
bribery
extortion
mail fraud
all of the other specific choices are correct
none of the other specific choices are correct
Question 4
In Pro's Sports Bar & Grill v. City of Country Club Hills in which the City of Country Club Hills did not renew Pro's Sports Bar & Grill's liquor license, the appeals court applied a two-step approach to determine if due process had been violated. The two steps are:
to ask whether the defendant has been deprived of a protected liberty or property interest and to ask whether the deprivation occurred without due process
to ask whether the plaintiff has been deprived of money and to ask whether the deprivation occurred without equal process
to ask whether the plaintiff has been deprived of a protected liberty or property interest and to ask whether the deprivation occurred without judicial approval
to ask whether the plaintiff voluntarily relinquished a protected liberty or property interest and to ask whether the relinquishment occurred without due process
none of the other choices are correct
Question 5
With the gradual adoption of some portions of the Restatement (Third) of Torts, courts will:
rely less on the notion of proximate cause
move away from the notion of the "substantial factor"
use a "risk standard" to help judge when liability should be imposed
presume duty almost always exists where there is a risk of physical harm
all the other choices
Question 6
Sending materials containing false information through the mails can lead to a conviction of:
embezzlement
money laundering
false representation
insider trading
none of the other choices are correct
Question 7
In James v. Bob Ross Buick, where James had been fired from a car dealership that then sent letters to customers under his name, James sued for:
slander
libel
invasion of privacy
fraud
none of the other choices
Question 8
You are shopping in a department store. A store manager asks you to step into his office. He closes the door and tells you he thinks you have hidden merchandise in your clothing. You say nonsense. He says you will sit there until you confess or allow yourself to be searched. You refuse. He says, "We will see about that!" The two of you sit there for an hour. Finally, he tells you to leave. This is probably:
a tort of false imprisonment
not false imprisonment because you could have walked out
not false imprisonment because no physical force was used
not false imprisonment but may well be battery
not false imprisonment because state laws allow store owners to detain shoplifters
Question 9
In Hughes v. Oklahoma, Oklahoma law forbid the export of natural minnows, to help protect the state's natural resources. When this law was challenged, the Supreme Court held that the law was inconsistent with the basic principle that:
our economic unit is the Nation
our economic unit is the State
the State has ultimate authority
the Nation has ultimate authority
none of the other choices
Question 10
Fact Pattern 4-1
You own Priscilla's Pecans. You employ five people and sell your pecan products in one town in Georgia. Your products are not sold in any other state.
The federal government imposes regulations on the pecan industry. The Georgia legislature issues its own safety laws that are stricter than the federal rules. Georgia also places a tax on pecan products made out-of-state because it fears those products will not be as safe as those produced in Georgia under the strict Georgia regulations.
The regulations raise the cost of doing business. To register your unhappiness with the Georgia regulations you attach a label to your products that alerts customers to the rules and expresses your view that the rules are unnecessary and too costly. You donate $10,000 to the campaign of Lucinda Snopes, a friend who is running for the legislature. She opposes the pecan law.
Buddy Reeves, the county attorney, reads the label criticizing the new safety regulations. He draws up a complaint against you and against Priscilla's for distributing inflammatory statements in commerce. He instructs the sheriff to seize your products in order to stop distribution of your statement, which the sheriff does. You contact attorney Travis Shifflett and ask him to represent you.
Refer to Fact Pattern 4-1. The sheriff's confiscation of your goods may pose which, if any, of the following problems?
the sheriff searched your premises without a warrant, thus violating your 4th Amendment rights
even though the sheriff searched your premises without a warrant, there is no constitutional problem because Fourth Amendment rights apply to persons, not businesses
a Sixth Amendment takings problem may be involved
no constitutional problems arise from the sheriff's acts
all of the other choices are correct
Question 11
While you are sound asleep, your roommate hits you in the head with a brick. This is most likely to be the tort of:
fraud
negligence
false imprisonment
malicious prosecution
none of the other choices
Question 12
Port cities in California imposed a property tax on cargo containers used by Japanese ships for loading and unloading cargo. The Supreme Court held the tax:
constitutional because it was on foreign-owned property
constitutional because it was imposed the same on all containers, regardless of ownership
unconstitutional interference with states' rights
unconstitutional interference with the exclusive federal taxing power
none of the other choices
Question 13
In Hughes v. Oklahoma, Oklahoma law forbid the export of natural minnows, to help protect the state's natural resources. When this law was challenged, the Supreme Court held:
Oklahoma has a paramount interest in preserving its natural resources, so the law stands
Oklahoma has no interest in preserving minnows, so the law fails
Oklahoma violated the constitution by impermissibly burdening interstate commerce
regulation of fish falls under the Fish and Wildlife Service, so Oklahoma preempted a federal law
none of the other choices
Question 14
To help stimulate jobs in its wine industry, New York does not tax New York wines but taxes other wines $1 per bottle. This tax is:
a constitutional control on intrastate business
constitutional, so long as it is not shown to impede foreign trade
constitutional because New York state interests outweigh other states' interests
unconstitutional because it violates the Necessary and Proper Clause
unconstitutional because it violates the Commerce Clause
Question 15
States may constitutionally impose a special tax:
on persons only passing through the state for business purposes
that only applies to foreign corporations doing business in the state
that taxes interstate business more heavily than intrastate business
on non-state residents who visit the state
none of the other choices
