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BLAW Exam 1: Course Introduction Exam questions and Answers
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BLAW Exam 1: Course IntroductionExam questions and Answers
Congress passed a law imposing penalties for displaying "indecent" material
online where children could see it. If the U.S. Supreme Court subsequently
rules that the statute conflicts with the First Amendment of the U.S.
Constitution, the statute is void. - - T = supreme court ultimate decision
- Sandra sued her employer, Cape Inc., claiming that she was sexually
harassed on the job. This is a criminal lawsuit. - - F = sued employer
- A rule that establishes who may testify on your behalf in court is an
example of a substantive rule of law. - - F = example of procedural law
- In 1994, the Arizona Supreme Court decided the case of Hernandez v.
Arizona Board of Regents and found a duty of care to avoid furnishing
alcohol to underage consumers. If in 2008 a Flagstaff, Arizona plaintiff brings
a lawsuit against an Arizona university's fraternity for providing alcohol to
members under the legal drinking age, the Hernandez v. Arizona Board of
Regents case will serve as precedent. - - T = similar case in the past serves
as precedent
- Wilfred was driving too fast for the icy road conditions and hit Sally's car.
Sally can sue Wilfred in criminal court. - - F = unsure if you can sue in
criminal court
- If Milan asks a court to order Pamela to stop reprinting his copyrighted
material, he is seeking a legal, rather than an equitable, remedy. - - F = HE
IS SEEKING AN EQUITABLE REMEDY. compensatory: legal is paying to make
up for it (have contract to pay someone I don't court forces me to pay) /
consequential damages: permit monetary losses. Equitable is about fairness
opposed to actual monetary damage
- Congress has the sole responsibility for creating statutory law. - - F=
Congress doesn't have sole responsibility, local administrative agencies,
state govs can all create laws. congress is just federal gov legislative branch
- The treaty known as the North American Free Trade Agreement could only
become law in the United States after being ratified by the U.S. Senate. - - T
= has to be ratified by senate with 2/3 vote. president can make treaties but
must be approved by senate
, - A case citation that reads: Kuehn v. Pub Zone, 364 N.J. Super. 301 (2003)
indicates that the case may be found in the 364th volume of the New Jersey
Superior Court reporter, starting at page 301. - - T
- The case citation Pereda v. Parajon, 957 So.2d 1194 (2007) reveals that
Pereda is the plaintiff. - - F
- Under the natural law theory of jurisprudence, an unjust law is no law at
all. - - T = 3 theories. other 2 are legal positivism (law is what the sovereign
said) and legal realism (who enforces the law is more important than what
the law says)
- Common law is a body of cases decided by legislatures. - - F= common
law: is chill decided by precedence. civil code/case law:formal
- The Constitution ensures that the states retain all power not given to the
national government. - - T: 10th amendment
- Hasbro, Inc., the trademark owner of "Candy Land," sought a court
injunction to prevent Internet Entertainment Group, LTD from using the
domain name, "candyland.com." A jury will decide whether Hasbro is entitled
to this remedy. - - F = no jury unless criminal
- In the case of Panavision Int'l v. Toeppen, the Ninth Circuit Court of
Appeals affirmed the district court's decision. This means that the Ninth
Circuit approved the district court's decision and upheld the outcome in the
case. - - T
- The law of which country provided the roots for U.S. law?
a. France.
b. Germany.
c. Canada.
d. England. - - D
- The Occupational Safety and Health Administration promulgated a rule
requiring guards for hand-fed circular crosscut table saws. The purpose of
the guards is to keep employees clear of any danger zones. This rule is:
a. an executive order.
b. a statute.
c. common law.
d. administrative law. - - D
- Common law refers to:
a. law that is the same or similar in all the states.
b. law made when judges decide cases and then follow those decisions in
later cases.
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