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QUESTIONS WITH VERIFIED
ANSWERS KEY DOWNLOAD 100%
14th Amendment - Correct Answers-It states "no state shall...deprive any person of life, liberty, or
property, without due process of law; nor deny to any person within its jurisdiction the equal protection of
the law."
the amendment 2 key provisions concerning substantive and procedural law: the due process clause and
the equal protection clause
1st amendment test - Correct Answers-Question 1. Who, or what is trying to limit the speech?
a. if it is not a government entity, the 1st amendment entity does not apply. End here
b. If it is any government entity, then the 1st amendment applies
Q2. Is the speech protected, or unprotected? Does not apply to an unprotected speech
Q3. Assuming a government entity is trying to limit or regulate protected speech in some way, then:
a. Is the government trying to limit what is being said? Or treating different speakers, which want to say
the same differently? If yes, then the "strict scrutiny test" is used, which is hard for the government to
pass.
b. If the government is only trying to limit WHERE or WHEN things are said, and treat all speakers the
same way regardless of what they area trying to say, then the regulation is a "time, place and manner"
regulation, and another test is used.
2 limitations on states' ability to tax multistate corporation's profit - Correct Answers-1. States can
only tax profits.
2. must have an in-state and an out-state portion.
2 types of administrative agencies - Correct Answers-executive agencies and independent regulatory
agencies
2-part test for long arm statutes a plaintiff must fulfill before starting. - Correct Answers-1. The state
must have a statute that authorizes it to get jurisdiction under the particular circumstances.
2. The Constitution requires that the basis for jurisdiction must satisfy procedural due process.
3 distinct proceedings in trial courts - Correct Answers-1. To determine the facts of the dispute
,2. To determine what rules of law should be applied to the facts
3. To apply those rules to the facts
3 part test for political speech test by businesses (Consolidated Edison case) - Correct Answers-The
states must show that the prohibition is:
1. a reasonable, time, place, or manner regulation
2. a permissible subject-matter regulation
3. a narrowly tailored means of serving a compelling state interest
3 rule test if state's regulation impede interstate commerce (Hudges v Oklahoma) - Correct Answers-1.
whether the challenged statute regulates even-handily with only "incidental" effects on interstate
commence, or discriminates against interstate commerce either on its face or in practical effect
2. whether the statute serves a legit local purpose
3. whether alterative means could promote this local purpose as well without discriminating against
interstate commerce.
3 types of preemption doctrine - Correct Answers-1. Express: flat out state (meaning binding),
explicitly stated that lower jurisdictions need to know
2. Implied: this occurs when 1 or 2 things happen in state or local law conflict
ex: when the local ordinance prohibits an act permitted by the state legislature
ex 2: when the local ordinance permits an act prohibited by the state legislature.
3. Field preemption:
when there is the clear legislative intent that the "field" is preempted by state law. The "field" is usually
defined as when there is an extensive scope of state regulation which reflects a state interest to preempt
(stop) all local regulations that are in a particular area
3 types of protected speech - Correct Answers-1. Ordinary speech
2. Political speech
3. Commercial speech
3-part test for long arm statutes on whether a court has jurisdiction over the defendant - Correct
Answers-A plaintiff can obtain jurisdiction over an out-of-state defendant when:
1. the defendant must have sufficient "minimum contacts" with the other state.
,2. the plaintiff's claim must be based upon or arise from those contacts.
3. the exercise of jurisdiction must be reasonable.
4 part test for the commercial speech by businesses - Correct Answers-1. Is the expression protected
by the First Amendment?
The government can regulate commercial speech that is misleading or untrue (regulated by the Federal
Trade Commission).
2. If the speech is protected, is there a substantial government interest?
if not, then the regulation is not allowed.
3. Does the regulation advance an important governmental interest? (does the regulation work)
if not, then the regulation is not allowed.
4. Is the regulation or law overly extensive? (Does it go too far?) If "Yes," then it's not lawful. But if "no"
then it is OK.
4th Amendment - Correct Answers-Prohibition against illegal search and seizures unless they have
reasonable reasons
6th Amendment - Correct Answers-The right to a Speedy Trial by jury, representation by an attorney
for an accused person in criminal cases
7th Amendment - Correct Answers-Right to a jury trial in civil trials for federal cases where the
controversy exceeds 20 dollars
8th Amendment - Correct Answers-No cruel or unusual punishment
Supreme court has applied the 8th amendment through the 14th amendment to limit excessive punitive
damages
accusation - Correct Answers-formal commencement of a criminal case by a specified public official
such as a district attorney or by a grand jury.
Action in Equity - Correct Answers-A civil trial held without a jury when relief sought by the plaintiff
is equitable in nature, such as an injunction, or a divorce or dissolution of a marriage.
, adhesion contract - Correct Answers-A contract that is clearly one-sided, with a dominant party with
superior bargaining power, typically offered as a "take it or leave it" proposition.
Courts may find this agreement "shocks the conscience" and may not enforce it.
Administrative Law - Correct Answers-The body of law created by administrative agencies (in the
form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.
Agencies are created and given their power by Congress, but they are technically part of the executive
branch. Because they have the ability to make rules and regulations, they need to be given that power
directly from the legislature/Congress, since that is the only branch of government that has the power to
make laws under the Constitution.
Both utilize procedural and substantial law
administrative laws can also be called administrative regulations
generally, agency actions are classified as rule-making, enforcement, and investigation.
adversary system - Correct Answers-A judicial system in which the court of law is a neutral arena
where two parties argue their differences.
Alternative Dispute Resolution - Correct Answers-a process by which two parties resolve conflicts
through the use of a specially trained, neutral third party.
In civil matters, attorneys have an obligation to inform clients about ADR. Failure to do so may be a
violation of ethical rules or the basis for attorney malpractice.
Not only are such ADR methods are usually easier and cheaper to use them a traditional court, but they
also are likely to lead to improved long-term understands and harmony.
Types of ADR: Negotiation, mediation, arbitration, med-arb, private judging, ombudsperson, expert fact-
finding, early neutral evaluation, mini-trial, summary jury trial, collaborative law practice, partnering, and
etc.
alternative juror - Correct Answers-If the trial is expected to last very long, extra jurors (called
alternatives) are selected and remain in the courtroom throughout the trial.
QUESTIONS WITH VERIFIED
ANSWERS KEY DOWNLOAD 100%
14th Amendment - Correct Answers-It states "no state shall...deprive any person of life, liberty, or
property, without due process of law; nor deny to any person within its jurisdiction the equal protection of
the law."
the amendment 2 key provisions concerning substantive and procedural law: the due process clause and
the equal protection clause
1st amendment test - Correct Answers-Question 1. Who, or what is trying to limit the speech?
a. if it is not a government entity, the 1st amendment entity does not apply. End here
b. If it is any government entity, then the 1st amendment applies
Q2. Is the speech protected, or unprotected? Does not apply to an unprotected speech
Q3. Assuming a government entity is trying to limit or regulate protected speech in some way, then:
a. Is the government trying to limit what is being said? Or treating different speakers, which want to say
the same differently? If yes, then the "strict scrutiny test" is used, which is hard for the government to
pass.
b. If the government is only trying to limit WHERE or WHEN things are said, and treat all speakers the
same way regardless of what they area trying to say, then the regulation is a "time, place and manner"
regulation, and another test is used.
2 limitations on states' ability to tax multistate corporation's profit - Correct Answers-1. States can
only tax profits.
2. must have an in-state and an out-state portion.
2 types of administrative agencies - Correct Answers-executive agencies and independent regulatory
agencies
2-part test for long arm statutes a plaintiff must fulfill before starting. - Correct Answers-1. The state
must have a statute that authorizes it to get jurisdiction under the particular circumstances.
2. The Constitution requires that the basis for jurisdiction must satisfy procedural due process.
3 distinct proceedings in trial courts - Correct Answers-1. To determine the facts of the dispute
,2. To determine what rules of law should be applied to the facts
3. To apply those rules to the facts
3 part test for political speech test by businesses (Consolidated Edison case) - Correct Answers-The
states must show that the prohibition is:
1. a reasonable, time, place, or manner regulation
2. a permissible subject-matter regulation
3. a narrowly tailored means of serving a compelling state interest
3 rule test if state's regulation impede interstate commerce (Hudges v Oklahoma) - Correct Answers-1.
whether the challenged statute regulates even-handily with only "incidental" effects on interstate
commence, or discriminates against interstate commerce either on its face or in practical effect
2. whether the statute serves a legit local purpose
3. whether alterative means could promote this local purpose as well without discriminating against
interstate commerce.
3 types of preemption doctrine - Correct Answers-1. Express: flat out state (meaning binding),
explicitly stated that lower jurisdictions need to know
2. Implied: this occurs when 1 or 2 things happen in state or local law conflict
ex: when the local ordinance prohibits an act permitted by the state legislature
ex 2: when the local ordinance permits an act prohibited by the state legislature.
3. Field preemption:
when there is the clear legislative intent that the "field" is preempted by state law. The "field" is usually
defined as when there is an extensive scope of state regulation which reflects a state interest to preempt
(stop) all local regulations that are in a particular area
3 types of protected speech - Correct Answers-1. Ordinary speech
2. Political speech
3. Commercial speech
3-part test for long arm statutes on whether a court has jurisdiction over the defendant - Correct
Answers-A plaintiff can obtain jurisdiction over an out-of-state defendant when:
1. the defendant must have sufficient "minimum contacts" with the other state.
,2. the plaintiff's claim must be based upon or arise from those contacts.
3. the exercise of jurisdiction must be reasonable.
4 part test for the commercial speech by businesses - Correct Answers-1. Is the expression protected
by the First Amendment?
The government can regulate commercial speech that is misleading or untrue (regulated by the Federal
Trade Commission).
2. If the speech is protected, is there a substantial government interest?
if not, then the regulation is not allowed.
3. Does the regulation advance an important governmental interest? (does the regulation work)
if not, then the regulation is not allowed.
4. Is the regulation or law overly extensive? (Does it go too far?) If "Yes," then it's not lawful. But if "no"
then it is OK.
4th Amendment - Correct Answers-Prohibition against illegal search and seizures unless they have
reasonable reasons
6th Amendment - Correct Answers-The right to a Speedy Trial by jury, representation by an attorney
for an accused person in criminal cases
7th Amendment - Correct Answers-Right to a jury trial in civil trials for federal cases where the
controversy exceeds 20 dollars
8th Amendment - Correct Answers-No cruel or unusual punishment
Supreme court has applied the 8th amendment through the 14th amendment to limit excessive punitive
damages
accusation - Correct Answers-formal commencement of a criminal case by a specified public official
such as a district attorney or by a grand jury.
Action in Equity - Correct Answers-A civil trial held without a jury when relief sought by the plaintiff
is equitable in nature, such as an injunction, or a divorce or dissolution of a marriage.
, adhesion contract - Correct Answers-A contract that is clearly one-sided, with a dominant party with
superior bargaining power, typically offered as a "take it or leave it" proposition.
Courts may find this agreement "shocks the conscience" and may not enforce it.
Administrative Law - Correct Answers-The body of law created by administrative agencies (in the
form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.
Agencies are created and given their power by Congress, but they are technically part of the executive
branch. Because they have the ability to make rules and regulations, they need to be given that power
directly from the legislature/Congress, since that is the only branch of government that has the power to
make laws under the Constitution.
Both utilize procedural and substantial law
administrative laws can also be called administrative regulations
generally, agency actions are classified as rule-making, enforcement, and investigation.
adversary system - Correct Answers-A judicial system in which the court of law is a neutral arena
where two parties argue their differences.
Alternative Dispute Resolution - Correct Answers-a process by which two parties resolve conflicts
through the use of a specially trained, neutral third party.
In civil matters, attorneys have an obligation to inform clients about ADR. Failure to do so may be a
violation of ethical rules or the basis for attorney malpractice.
Not only are such ADR methods are usually easier and cheaper to use them a traditional court, but they
also are likely to lead to improved long-term understands and harmony.
Types of ADR: Negotiation, mediation, arbitration, med-arb, private judging, ombudsperson, expert fact-
finding, early neutral evaluation, mini-trial, summary jury trial, collaborative law practice, partnering, and
etc.
alternative juror - Correct Answers-If the trial is expected to last very long, extra jurors (called
alternatives) are selected and remain in the courtroom throughout the trial.
