BLAW 341 EXAM 1 2023 with verified questions and answers

You've decided to buy some rental property but know very little about the law regarding landlord-tenant relations. You head to the local law library to do a little research on the subject. The law librarian is extremely helpful, and with his help, you have lots of reading material about landlord-tenant law! You discover there are several kinds of law and that some laws are procedural and other laws are substantive. What do you think procedural law covers? -The methods of enforcing the rights established by substantive law. -The punishments for violating criminal laws. -The steps to take in researching the law. -The remedies available when you win a civil lawsuit. The methods of enforcing the rights established by substantive law. You live in Texas. During the COVID-19 pandemic, you decide to visit your cousins in New York City. The number of coronavirus cases in New York state is at an all-time low. The number of cases in Texas, however, is at an all-time high. To help control the spread of the disease in New York, the governor of New York issues an order requiring that all visitors from Texas quarantine for two weeks upon arrival in New York. This order will be in effect at the time of your planned trip. You had hoped to visit some of the sites of New York City and do not want to spend two weeks inside at your cousin's house. You believe the order of the governor violates your fundamental right to interstate travel. Does the order of the governor restricting travel violate your substantive due process rights? -No, it doesn't, because the interest of the government in controlling the spread of coronavirus and protecting the health of New Yorkers is a compelling state interest. -Yes, it does, because your plans have been significantly impacted. -Yes, it does, because governments can never interfere with people's fundamental rights. -No, it doesn't, because travel is not a fundamental right. No, it doesn't, because the interest of the government in controlling the spread of coronavirus and protecting the health of New Yorkers is a compelling state interest. The belief that as humans we are all entitled to certain fundamental rights is a component of which school of thought? -Historical School -Positivist School -Natural Law -Legal Realism Natural Law The idea that each person has intrinsic biases that impact their decisions is a component of which school of thought? -Historical School -Natural Law -Positivist School -Legal Realist School Legal Realist School Under the common law, which of the following is true? -Judges may never deviate from established precedent. -Congress is responsible for interpreting the common law. -In a case of first impression, a judge may use persuasive authorities rather than precedents. -Judges are responsible for the creation of statutes. In a case of first impression, a judge may use persuasive authorities rather than precedents. Historically, the common law developed from: -the emergence of courts of law and courts of equity in seventeenth century France. -the movement from religious to secular law in 15th century Europe. -the democratic creation of rules and laws in ancient Greece. -the unification of local customs and laws in feudal England. the unification of local customs and laws in feudal England. The principle of stare decisis does which of the following? -requires the fact pattern of the current case to be exactly like the fact pattern of the precedent -uses statutory law to guide judges to the right decision -creates predictability in the legal system -ensures that no changes in the law ever take place creates predictability in the legal system If a trial court judge is deciding an issue that has never come before the court (a case of first impression), they: -must wait until another judge creates precedent. -may create new precedent. -must decline to hear the matter. -may ask an appellate court to decide the matter. may create new precedent. How a hearing or court case is conducted is governed by: -venue. -interpretation. -statutory law. -procedural law. procedural law. In the United States, who creates federal statutory law? -Congress. -the executive branch -the judiciary. -uniform law committees Congress Which of the following is an example of federal agency regulations that impact business operations? -The Consumer Protection Act -wage and hour laws -Internal Revenue Service rules for business tax audits -U.S. Supreme Court decisions Internal Revenue Service rules for business tax audits A legal citation for a court decision is used by legal professionals to research the law, and includes: -plaintiff and defendant names, and facts of the case. -a summary of the case. -party names, location of the published case, court, and date of decision. -party names and the court's holding. party names, location of the published case, court, and date of decision. The abbreviation "U.S." in the legal citation Brown v. Board of Education, 347 U.S. 483 (1954) references the: -United States Supreme Court Reports Lawyers' Edition. -U.S. Supreme Court. -United States Reports. -United States. United States Reports. Substantive law governs a person's: -procedural responsibilities. -rights and responsibilities. -ethical responsibilities. -regulatory responsibilities. rights and responsibilities. State statutory law is created by: -the governor. -elected congressional members. -elected members of the judiciary. -elected members of the state legislature. elected members of the state legislature. Legal researchers will use which of the following tools to locate a court decision? Choose 2 answers. -published session laws -published ordinances -online legal research engines such as Lexis, Westlaw, or Bloomberg -bound volumes of reported court decisions, organized by jurisdiction, date, and courts -online legal research engines such as Lexis, Westlaw, or Bloomberg -bound volumes of reported court decisions, organized by jurisdiction, date, and courts What do legal professionals use to analyze court decisions that are relevant to their clients' cases? -promulgation -case briefing -the FLAC method -local court rules case briefing Which of the following citations indicates that the citation is referencing state statutory law? Choose 2 answers. -24 C.F.R. Part 570 -856 S.W.2d 12 (Ark. 1993) -Cal. Penal Code § 11164(a) (West 2020) -Ark. Code Ann. § 6-17-2401 (2020) -Cal. Penal Code § 11164(a) (West 2020) -Ark. Code Ann. § 6-17-2401 (2020) What is preemption in the Supremacy Clause? -Preemption is not addressed in the Supremacy Clause. It is addressed in other areas of the U.S. Constitution. -Federal law is supreme over state law. -State law that does not conflict with federal law preempts federal law. -Federal law cannot preempt certain areas of state law as delineated in the Supremacy Clause. Federal law is supreme over state law. In what situations does federal law preempt state law? Choose 2 answer choices. -When the state law explicitly states it preempts other laws -When Congress passes a law and creates an agency to enforce that law -Federal law preempts state law in all cases -When Congress passes very detailed laws -When Congress passes a law and creates an agency to enforce that law -When Congress passes very detailed laws What situation would NOT be regulated by the federal government under the Commerce Clause? -A state requiring lawyers practicing in the state to be licensed -A local farmer selling goods at a shop that draws many customers from farmers' markets in a neighboring state -International trade of a small business operating in only one state -An individual seamstress who sells things online to customers around the country, but not outside of the U.S. A state requiring lawyers practicing in the state to be licensed What authority does the federal government have under the Commerce Clause? Choose 2 answer choices. -To regulate commerce on the national and local levels -To regulate commerce between states only -To regulate international commerce -To regulate all commerce in the country -To regulate commerce on the national and local levels -To regulate international commerce What business speech is protected by the First Amendment? -Some types of misleading speech -Some types of advertising -Some types of threatening speech -Some types of defamatory speech Some types of advertising What restrictions on business speech are allowed by the First Amendment? Choose 2 answer choices. -Limitations on advertisements for alcohol -A billboard for a hotel on an urban highway -Some advertising venues for tobacco -Business political contributions to a controversial candidate -Limitations on advertisements for alcohol -Some advertising venues for tobacco How does the Fifth Amendment apply to fundamental rights? -Fundamental rights are a critical part of the decision-making process in procedural due process. -Fundamental rights are a determining factor in the analysis under substantive due process. -Fundamental rights are a large consideration under the Takings Clause. -Fundamental rights are not a key part of the analysis of Fifth Amendment rights. Fundamental rights are a determining factor in the analysis under substantive due process. What does substantive due process require? Choose 2 answer choices. -a compelling governmental interest if a non-fundamental right is involved -a legitimate governmental purpose if a fundamental right is involved -a compelling governmental interest if a fundamental right is involved -a legitimate governmental purpose if a non-fundamental right is involved -a compelling governmental interest if a fundamental right is involved -a legitimate governmental purpose if a non-fundamental right is involved What does the Free Exercise Clause require? -Restrictions on religious practices must survive the three-prong test of reasonableness. -Any government employment restrictions related to religion must satisfy two requirements. -No government in the U.S. can create an official religion or favor one religion over another. -Any employer restrictions related to religion must satisfy two requirements. Any government employment restrictions related to religion must satisfy two requirements. What does the First Amendment protect regarding religion? Choose 2 answer choices. -It protects a person's right to hold no religious beliefs. -It protects you from actions by the government and private parties. -It protects the exercise of religious practices. -It protects the favoring of one religion by the government. -It protects a person's right to hold no religious beliefs. -It protects the exercise of religious practices. What are the three levels of scrutiny used by courts to determine the constitutionality of a government action? Choose 3 answers. -factual basis review -strict scrutiny -rational basis review -intermediate scrutiny -strict scrutiny -rational basis review -intermediate scrutiny What is the lowest level of review by a court to determine whether a government action unconstitutionally infringes on protected rights? -strict scrutiny -intermediate scrutiny -rational basis review -legitimate interest review rational basis review What is the medium level of scrutiny, sometimes called heightened scrutiny, that a court will use when deciding a case that involves a quasi-suspect class? -secondary level scrutiny -intermediate scrutiny -strict scrutiny -rational basis intermediate scrutiny What is the system of government called in which states form a union and share sovereign power with the central government of the union? -bureaucracy -republicanism -democracy -federalism federalism Which of the following is the provision of the U.S. Constitution that establishes federal law precedence over state law? -the Equal Protection Clause -the Supremacy Clause -the Bill of Rights -the Commerce Clause the Supremacy Clause Which of the following is a correct statement of federal preemption of state law under the Supremacy Clause? Choose 2 answers. -Federal law only preempts state law when Congress has expressly stated the preemption for the entire field. -Federal environmental laws will always preempt a state's water pollution law for its state parks. -A state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field. -A state law that requires documentation of citizenship is preempted by the National Voter Registration Act because the act only requires a statement under oath. -A state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field. -A state law that requires documentation of citizenship is preempted by the National Voter Registration Act because the act only requires a statement under oath. If the U.S. Supreme Court determines that a state or federal law violates the U.S. Constitution, it may: -invalidate the law. -modify the law. -interpret the law. -require the legislature to amend the law. invalidate the law. A restriction on commercial speech will be valid if it meets three criteria. What are they? Choose 3 answers. -It must not be financially detrimental to a company. -It must seek to implement a substantial government interest. -It must directly advance a government interest. -It must not be overly restrictive to meet its objectives. -It must seek to implement a substantial government interest. -It must directly advance a government interest. -It must not be overly restrictive to meet its objectives. What is true of corporate political speech? Choose 2 answers. -Corporate political speech is protected by the First Amendment. -Corporate political speech is more restricted than corporate commercial speech. -Corporate political speech is strongly restricted in a presidential election year. -Political donations are protected by the First Amendment as types of corporate political speech. -Corporate political speech is protected by the First Amendment. -Political donations are protected by the First Amendment as types of corporate political speech. What type of speech does not receive First Amendment protections? Choose 3 answers. -unpatriotic speech -obscenity -threats to the president of the United States -speech that incites lawlessness -obscenity -threats to the president of the United States -speech that incites lawlessness The ethical model that focuses on the outcome of a decision, as opposed to the motives behind the decision, is: -Utilitarianism -Deontological -Kantian -Categorical Imperative Utilitarianism Which of the following are considerations of corporate social responsibility? Choose 3 answer choices. -Environmental impact of a business -Ethical treatment of employees and suppliers -Maximization of company profits -Issues within the community where a business is located -Environmental impact of a business -Ethical treatment of employees and suppliers -Issues within the community where a business is located Which of the following represent two of the potential financial costs of reporting unethical behavior? Choose 2 answer choices. -a decrease in employee morale -the termination of the employee who made the report -the loss of top performing employees -penalties, fines, and lawsuits against the company -the loss of top performing employees -penalties, fines, and lawsuits against the company Ethics is the consideration of how one should act, based on which of the following concepts? -the moral minimum -strict legality and legal compliance -cause and effect -morality, or principles of right and wrong morality, or principles of right and wrong Under which principle of ethics would a person consider whether his or her action is one that every other person should take? -Kant's categorical imperative -the principle of rights -religious principles of ethics -outcome-based ethics Kant's categorical imperative When making a decision using the stakeholder theory of management, a business professional would place more weight on which of the following? Choose 2 answers. -the impact of its decisions on employees over the profitability of the business -its profitability over the impact on employees -the impact of its decision on the value of its stock -the harm to customers from using the company's product over profits -the impact of its decisions on employees over the profitability of the business -the harm to customers from using the company's product over profits Which of the following activities is an example of corporate social responsibility? -establishment of a foundation that funds high school educational initiatives -ensuring all employees meet minimum licensure standards -funding a research project that supports the company's marketing initiative for a new product -careful compliance with employee safety regulations establishment of a foundation that funds high school educational initiatives Which of the following are methods of preventing unethical behavior? Choose 2 answers. -terminating an employee for unethical behavior -keeping an attorney on retainer -establishing a company code of ethics -allowing lower-level managers to develop their own ethical rules -terminating an employee for unethical behavior -establishing a company code of ethics Under which theory of ethics would a decision be ethical if it provides the greatest benefit for the largest number of individuals? -utilitarianism -duty-based ethics -corporate social responsibility -Kantianism -utilitarianism A company exhibits responsible corporate citizenship when it: -maximizes profits for its shareholders. -develops a code of ethics. -uses its wealth and influence to benefit society as a whole. -expands globally. uses its wealth and influence to benefit society as a whole. Under the principle of rights, the term "rights" refers to: -property rights. -the fundamental rights of human beings. -shareholder rights. -citizenship rights. the fundamental rights of human beings. In ethics, compliance with the law is considered: -the moral minimum. -corporate social responsibility. -the principle of rights. -the moral maximum. the moral minimum.