Quiz Questions!

Question 1

if an act is legal, is it also ethical?

Answer 1

NO, the law is the moral minimum

Question 2

the “moral minimum” is

Answer 2

law

Question 3

which one of the following describes the major difference between law & equity

Answer 3

the remedies available

Question 4

a party may seek equitable remedies…

Answer 4

only if legal remedies are insufficient

Question 5

contempt power allows a judge to

Answer 5

send a person who does not comply with a court order to jail

Question 6

the rule of LAW differ from the rules of EQUITY:

Answer 6

the rules of law are very strict and inflexible

Question 7

courts of equity…

Answer 7

do NOT involve juries

Question 8

the only state which still has a separate court of law and court of equity is:

Answer 8

Delaware

Question 9

Chelsea is a state court judge. Like judges in most state courts, in a particular case, she may grant:

Answer 9

a remedy in equity AND a remedy at law if the case warrants it

Question 10

Starlight Cafe brings a suit, seeking a remedy at law. A remedy at law is

Answer 10

the payment of money or property as compensation for damages

Question 11

the Commerce Clause has what effects?

Answer 11

• it provides a broad source of power for the federal gov to regulate the national economy
• it restricts state regulations that obstruct/unduly burden interstate commerce

Question 12

which of the following activities is/are regulated by the fed gov through its exercise of the commerce power?

Answer 12

growing & selling medical marijuana

Question 13

the USSC determined that a DC law criminalizing gun possession on school grounds was unconstitutional. The Court based their reasoning on the fact that this activity was…

Answer 13

neither commercial nor economic

Question 14

the USSC held that the individual mandate provision included in “Obamacare” was…

Answer 14

constitutional, because it was a tax

Question 15

in Burwell v Hobby Lobby Stores, the USSC held that an employer could not be required by law to provide its employee’s with free access to contraception under the:

Answer 15

exercise clause of the 1st Amendment

Question 16

the following symbolic actions have been found by the USSC to be protected by the 1st Amendment to the US constitution:

Answer 16

burning an American flag

Question 17

the 2nd Amendment protects an individual’s

Answer 17

right to bear arms

Question 18

the USSC changed the law dramatically when they ruled in the DC v Heller and McDonald v Chicago cases, that possession of a weapon, under the 2nd Amendment is a

Answer 18

fundamental right

Question 19

the provision in the constitution that requires all states honor each other’s laws and court decisions, is known as the

Answer 19

full faith & credit clause

Question 20

UVA may charge out of state students more for tuition based on

Answer 20

a limit (exception) to the privileges and immunity clause

Question 21

The ___ and ___ Amendments prohibit the fed and state govs from depriving anyone of life, liberty, or property w/o due process of law

Answer 21

5th & 14th

Question 22

the exclusionary rule means:

Answer 22

evidence that was obtained through an illegal search & seizure may not be used at trial

Question 23

in Miranda v Arizona, the USSC found that an individual:

Answer 23

• has the right to remain silent
• that anything an individual says can be used against him in a court of law
• that an individual has the right to an attny

Question 24

the USSC held in Ohio v Terry that a police officer may temporarily stop & frisk a person for weapons if:

Answer 24

they have reasonable suspicion that the defendant is armed and has possibly committed a crime

Question 25

the police need to have ____ in order to briefly detain an individual; known as a Terry Stop

Answer 25

reasonable suspicion

Question 26

the 4th Amendment to the Constitution:

Answer 26

prohibits unreasonable search & seizure

Question 27

the 4thA prohibition on unreasonable searches & seizures w/o a warrant and probable cause, had little effect for more than a century after it was ratified because:

Answer 27

there was no exclusionary rule

Question 28

the USSC had found that the following searches are permitted w/o a warrant:

Answer 28

- the person arrested & his surroundings - things in plain view of the officer

Question 29

in 1914, in Weeks v US, the USSC created the "exclusionary rule" which

Answer 29

prohibits fed courts from considering evidence illegally obtained

Question 30

The Texas state legislature and US congress enact laws. These laws constitute:

Answer 30

statutory law

Question 31

the part of a statute that specifies the punishment for violating that statute is knows as the:

Answer 31

remedial part

Question 32

the following are requirements for a statute, it must be:

Answer 32

constitutional

Question 33

an administrative agency is granted its specific powers to establish regulations and punishments in:

Answer 33

an enabling statute

Question 34

common law refers to:

Answer 34

law made when judges decide cases and then follow those decisions in later cases

Question 35

the term "stare decisis" means:

Answer 35

follow the decision of a higher court of a case that is the same or similar to the present case

Question 36

when is precedent NOT followed?

Answer 36

it's possible that precedent would not be followed when... - the precedent was incorrect - technology has changed - there are changes in public opinion about an issue

Question 37

federal judges are appointed for:

Answer 37

life

Question 38

ex post facto laws are created by:

Answer 38

the courts

Question 39

the type of statute that allows for a state to have jurisdiction over a non-resident is known as a:

Answer 39

long arm statute

Question 40

according to the "American Rule" when contracting parties litigate over a breach:

Answer 40

each party pays its own attny fees, regardless of who wins

Question 41

which of the following remedies is an equitable remedy:

Answer 41

specific performance

Question 42

Uma wants to initiate a suit against Valley Vacation Tours by filing a complaint. The complain should include:

Answer 42

statement of the facts necessary to show Uma is entitled to relief

Question 43

written questions presented to a party by another party in a civil proceeding are known as:

Answer 43

interrogatories

Question 44

the first pleading document that a plaintiff must file in a civil lawsuit is

Answer 44

a complaint

Question 45

the ___ has control in a criminal trial

Answer 45

prosecutor

Question 46

Julie is a witness in a civl action, and she wants to exercise her 5th amendment right.

Answer 46

she may not exercise her 5thA right in a civil action

Question 47

in contrast to a criminal case, in a tort/civil case:

Answer 47

the victim is the plaintiff

Question 48

Glen has been charged with murder. The prosecutor must prove Glen's guilt:

Answer 48

beyond a reasonable doubt

Question 49

if the "style" of the case is "Jones v Brown" the case is a:

Answer 49

civil case

Question 50

the exception to establishing Scienter

Answer 50

holds accountants to a "reckless disregard" of the falsity of the statement standard

Question 51

Bill sued Thomas for fraud. At trial he must prove his case:

Answer 51

by clear and convincing evidence

Question 52

in which of the following situations would an individual have to fully disclose all info to the other party?

Answer 52

when entering into a prenuptual agreement

Question 53

which of the following does NOT qualify as a material statement for the tort of fraud?

Answer 53

- promise - opinion - silence (w/ exceptions)

Question 54

false light requires ___ and defamation requires ____

Answer 54

publicity to the general public; publication to one other

Question 55

appropriation of a private person's likeliness requires what type of harm:

Answer 55

emotional harm

Question 56

hacking into someone's computer is an example of what type of invasion of privacy:

Answer 56

intrusion

Question 57

a photographer taking photos of a movie star with a telephoto lens would NOT be guilty of intrusion of the

Answer 57

movie star was in a public building at the time

Question 58

which one of the following is NOT one of the torts included within the tort of invasion of privacy?

Answer 58

nuisance

Question 59

the duty of care owed to an adult trespasser is:

Answer 59

nothing

Question 60

which of the following is NOT an element of negligence?

Answer 60

intent

Question 61

the ___ decides if the defendant has a duty?

Answer 61

judge

Question 62

the standard of care in negligence is determined by:

Answer 62

the reasonably prudent person standard

Question 63

which of the following is NOT a defense to negligence?

Answer 63

absolute liability

Question 64

what should be included in a contract offer?

Answer 64

- the quantity/quality of the goods/services - a description of the goods/services being provided - payment terms

Question 65

can a contract be verbal?

Answer 65

yes, as long as it's agreed upon by both parties

Question 66

the tort that does not take into account the fault of the defendant is:

Answer 66

strict liability

Question 67

when someone agrees to not sue someone, and puts this in writing, it's known as an:

Answer 67

exculpatory agreement

Question 68

the legal test used to determine proximate causation for a negligence cause of action is:

Answer 68

the forseeability test