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100

Most of the rights guaranteed by the Bill of Rights are held to limit

  1. Federal governmental actions only

  2. Both federal and state governmental actions

  3. Actions by non-governmental entities only

  4. State governmental actions only

2. What is both federal and state governmental actions

100

The rules and regulations put forth by the legislature are referred to as

  1. Uniform law

  2. Secondary law

  3. Statutory law

  4. Administrative law

3. What is statutory law

100

The requirement that a plaintiff have a stake in the outcome of a case is known as

  1. Certiorari

  2. Standing

  3. Jurisdiction

  4. Relevance

  5. Venue

2. What is standing

100

Congress leaves it to the Bureau of Economic Analysis to oversee the creation of regulations in areas under the agency’s jurisdiction. This is

  1. Unconstitutional conduct

  2. The gap-filling powers

  3. The delegation of legislative powers

  4. Divine right

3. What is the delegation of legislative powers

100

Justice For All, a political organization, files a claim to challenge a Colorado statute that limits the liberty of all persons to broadcast “annoying” radio commercials. This claim is most likely based on the right of

  1. Procedural due process

  2. Substantive due process

  3. Equal protection of the law

  4. Privileges and immunities clause

2. What is substantive due process

200

Caitlin and Ronnie are evaluating whether to add certain chemicals to a product they produce. As part of their analysis, they look at each of their alternatives ad review what would happen if all similarly situated people made the same decision. This is what part of the COVER model?

  1. Code

  2. Outcome

  3. Value

  4. Editorial

  5. Rule

5. What is rule

200

When courts rely on precedent, they are obeying

  1. Common analysis

  2. Stare Decisis

  3. In rem Process

  4. Res Judicata

2. What is Stare Decisis

200

The power or authority of a court to hear a case is known as

  1. Certiorari

  2. Forum-selection

  3. Venue

  4. Standing

  5. Jurisdiction

5. What is jurisdiction

200

A state statute imposes a prison term, without a trial, on all street entertainers who operate in certain areas. A court would likely review this statute under the principles of

  1. Procedural due process

  2. Substantive due process

  3. Equal protection clause

  4. Free exercise clause

1. What is procedural due process

200

When making a business decision using the stakeholder approach of ethics, a company must consider the needs of

  1. Its consumers, the community, and society only

  2. No one

  3. Its employees and owners only

  4. Its employees, owners, consumers, the community, and society

4. What is its employees, owners, consumers, the community, and society

300

Eobard stands in front of Jitters, shouting obscene words and words that are likely to incite the café’s patrons to respond violently. The First Amendment likely protects such speech

  1. None of the time

  2. All the time

  3. Only if it is noncommercial

  4. Only if it is symbolic

1. What is none of the time

300

When local governments exercise their police powers, they are

  1. Protecting and promoting public safety and welfare

  2. Acting exclusively in a concurrent area

  3. Enforcing freedom of speech

  4. Organizing the government into branches

1. What is protecting and promoting public safety and welfare

300

The term for jurisdiction based on the location of a piece of property is

  1. In personam jurisdiction

  2. Long-arm jurisdiction

  3. In rem jurisdiction

  4. Subject matter jurisdiction

3. What is in rem jurisdiction

300

Joe makes a side payment to a government official in Aldovia to obtain a contract. In the U.S., this generally is considered

  1. Legal and ethical

  2. Unethical but not illegal

  3. Illegal but not unethical

  4. Illegal and unethical

4. What is illegal and unethical

300

Under the commerce clause, Congress has the power to regulate

  1. Only activities that are in intrastate commerce

  2. Only activities that are not in commerce

  3. Any commercial activity in the U.S.

  4. Only activities that are in local commerce

3. What is any commercial activity in the U.S.

400

Nora is trying to make a decision. She has made a list of all the benefits and potential marks of each option. She is completing which part of the COVER model?

  1. Code

  2. Outcome

  3. Value

  4. Editorial

  5. Rule

2. What is outcome

400

McDonald’s files a lawsuit against McRonald’s for selling counterfeit items. In this situation, McDonald’s is seeking

  1. Voir dire

  2. An injunction

  3. preemption

  4. venue

2. What is an injunction

400

Mike, an 80-year-old resident of North Dakota, has long wanted to experience driving in New York City during rush hour. He realizes his goal but gets into an accident with a taxi driver who has never been outside of New York City. The accident causes $24,000 in damage to Mike's Porsche Boxter. Mike wants to sue the taxi driver. Where can Mike file his lawsuit?

  1. In state or federal court in New York only

  2. Only in state court in New York

  3. In state or federal court in either North Dakota or New York

  4. Only in federal court in New York

2. What is only in state court in New York

400

California enacts a statute to ban advertising that newly created advertising commission determines inappropriate. This statute would likely be considered

  1. Necessary to protect state interests

  2. An unconstitutional restriction of speech

  3. Justified by the need to protect individual rights

  4. Constitutional under the First Amendment

2. What is an unconstitutional restriction of speech

400

Tom Brady is not satisfied with the decision made by an agency. What do he and his team have to do before seeking judicial review?

  1. Nothing, they can take it straight to court

  2. They have to pay off the judge

  3. They must exhaust all available administrative remedies

  4. Nothing, they cannot seek judicial review

3. What is they must exhaust all available administrative remedies

500

What is considered the supreme law of the land?

  1. US Code

  2. Declaration of Independence 

  3. US Constitution

  4. Uniform Code

3. What is US Constitution

500

Two friends, Mary and Dean, are hiking in the Colorado Mountains when a dog being walked by its owner, Wally, who is from Wyoming, bites Dean, causing injury. Mary wants Dean to sue Wally, but Dean does not want to incur the cost. Which of the following is true?

  1. Mary does not have standing to sue Wally, the owner of the dog

  2. Mary has standing if Dean consents to Mary filing the suit

  3. Whether Mary has standing depends on whether Mary files the suit in state or federal court

  4. Mary will have standing only if she files the lawsuit in Wyoming

  5. Mary's presence at the time of Dean's injury gives her standing to file suit

1. What is Mary does not have standing to sue Wally, the owner of the dog

500

Which form of alternative dispute resolution occurs when the parties choose an impartial third party to hear and provide advice on the dispute?

  1. Conciliation

  2. Mediation

  3. Minitrial

  4. Arbitration

2. What is mediation

500

Under the doctrine of stare decisis, a principle set out in one court must be adhered to by

  1. Courts of lower rank only

  2. All courts

  3. That court only

  4. That court and courts of lower rank

4. What is that court and courts of lower rank

500

Jacob is a Pastafarian and worships the Spaghetti Monster on a regular basis. He practices this religion in a non-disruptive way without any illegal substances. This is allowed because of the

  1. Establishment clause

  2. Commerce clause

  3. Free exercise clause

  4. Equal protection clause

3. What is free exercise clause