Reference no: EM132222546

Questions -

Question 1 - While cutting class and driving off campus to meet friends for lunch, Marie, a busy college student, is busy talking on her cell phone with her friend Steve. There is a new statute in her state making it a criminal offense to talk on a cell phone while operating a motor vehicle. Marie crashes into the side of Saul's new convertible when she looks down to pick up a can of soda she just dropped on the floor of her car. A police officer just down the street comes over to investigate. Marie explains to him that it was difficult to hold the cell phone in one hand, the soda in the other, and also drive. The officer was not impressed. Around that time Saul comes along. He is furious regarding the significant dent in his new car. Marie says she has insurance and that she will cover the whole incident. Saul says that is insufficient. The officer tells Marie that she must obey the law and proceeds to write several citations to her. Which of the following is/are true regarding Marie's predicament?

a) Saul can prosecute Marie in a criminal action, but he cannot sue her in a civil action.

b) Marie can be sued for a civil action and must pay for Saul's car, but she cannot be prosecuted for a criminal violation.

c) Marie can be given a ticket and prosecuted criminally by government officials, but she may not be sued for a civil violation.

d) So long as Marie has insurance and can pay for Saul's vehicle damage, she cannot be prosecuted in a civil or criminal action.

e) Marie can be sued in a civil action by Saul, and the government can also prosecute her for a criminal violation.

Question 2 - The laws put forth by the legislative branch are referred to as:

a) statutes

b) secondary laws

c) uniform rules

d) administrative codes

e) executive orders

Question 3 - What does the Fifth Amendment's Takings Clause reference?

a) The right of the government to put individuals in jail for up to ten days without a hearing.

b) The requirement that the government pay the owner just compensation if the government wants to take private property for public use.

c) The right of the government to take private property for public use without paying compensation to the owner.

d) The right of the government to put individuals in jail for up to five days without a hearing.

e) The requirement that the government compensate an owner for anything destroyed during a search.

Question 4 - The government itself prosescutes the wrongdoer in a case involving behavior so threatening thThis kind of case involves

a) criminal law.

b) procedural law.

c) private law.

d) civil law.

Question 5 - In a 1992 case entitled Goodman v. Wenco Foods, Inc., the North Carolina Supreme Court ruled that when a substance in food causes injury to someone consuming the food, just because the substance was natural to the food will not bar recovery against the seller of the food. If, in a 2019 case involving a consumer's injury caused by a fish bone in a bowl of fish chowder, the court follows the decision in Goodman v. Wenco Foods, Inc.. the court's action in the second case is an example of

a) res judicata

b) federal law

c) legislative stasis

d) stare decisis

e) in rem jurisdiction

Question 6 - Which of the following is/are included in the Central Hudson Gas & Electric Corp. v. Public Service Commission of New York test for commercial speech?

a) The principle that speech that is misleading is not protected by the First Amendment to the United States Constitution.

b) None of these.

c) The principle that speech that is misleading is not protected by the First Amendment to the U.S. Constitution; the principle that the government must show that a substantial governmental interest is served by a restriction on commercial speech; and the principle that any restriction on commercial speech must not be more extensive than necessary.

d) The principle that the government must show that a substantial governmental interest is served by a restriction on commercial speech.

e) The principle that any restriction on commercial speech must not be more extensive than necessary.

Question 7 - After the discovery process, either party can file a motion for _____________. This motion asserts that no factual disputes exist and that if the judge applied the law to the undisputed facts, her only reasonable decision would be in favor of the moving party.

a) an interlocutory appeal

b) sanctions

c) dismissal without prejudice

d) summary judgment

e) judgment notwithstanding the verdict

Question 8 - Anthony, who is an enthusiastic graduate student actively involved in various political issues, says that he is fed up with the way a certain employer in his town treats employees and that he is going to sue that employer in an effort to improve matters. Anthony also says that he is going to start his case at the appellate court level, skipping over all those "lesser" judges. Anthony says that those justices will surely hear him out and that he will also seek a jury, Although he is not a lawyer, Anthony believes that the offenses of the employer are so severe that the justices will appreciate his attempt to make things better for the employees involved. Regardless of what court is involved, can Anthony act as plaintiff for the employees?

a) Yes, so long as he gives any money he receives to them.

b) No, because he lacks standing.

c) No, because venue is lacking.

d) Yes, so long as they file no objection,

e) Yes, so long as he gets permission slips from them.

Question 9 - Which of the following is/are true regarding state and federal court jurisdiction?

a) State courts begin with exclusive jurisdiction until a federal court intervenes.

b) Federal courts begin with exclusive jurisdiction until a state court intervenes.

c) In all cases, state courts have concurrent jurisdiction with the federal courts.

d) In some cases, state courts have exclusive jurisdiction; in some cases, state courts have concurrent jurisdiction with the federal courts; and state courts have the power to hear all cases not within the exclusive jurisdiction of the federal court system.

e) In all cases, state courts have exclusive jurisdiction unless the state's supreme-court grants jurisdiction to a federal court in the state.

Question 10 - The United States Constitution and ______________ establish the fundamental principles and rules by which the United States and the several states are governed.

a) the constitution of each state

b) the bylaws of each state

c) both the procedural rules and the bylaws of each state

d) the procedural rules

e) the administrative rules.