OMGT 4313 Mid Term 1 (wk 1-4)
A city may pass a law restricting speech addressing specific content (e.g. religious
issues) only if the city can prove: - ANS-the city has a compelling government interest,
which may only be advanced by the law
A court may overturn a regulation passed by an agency if the court finds that the
regulation is: - ANS-arbitrary and capricious
A defendant must receive formal notification that she/he/it has been sued. Often this is
accomplished by a person physically handing a copy of the complaint and summons to
the defendant. This is called _____________________. - ANS-Service of process
A party who loses in the U.S. Court of Appeals may ask the U.S. Supreme Court to hear
an appeal of the case. The U.S. Supreme Court refuses to hear most such cases.
However, when the U.S. Supreme Court does agree to hear an appeal it issues a
__________________________ to the lower court. - ANS-writ of certiorari
A simplified explanation of ethics is: - ANS-the study of what constitutes right or wrong
behavior
A state makes a law limiting the rights of homosexuals. This law could be challenged
under which constitutional clause? - ANS-the equal protection clause
Almost 1,000 years ago, England's king's courts developed a uniform set of rules that
applied in courts throughout England. This was the beginning of the _____________,
which involves law made by judges and not legislators or executives. - ANS-common
law
Article 1 of the Constitution establishes the Congress. It also grants to Congress the
power "to regulate Commerce with foreign Nations, and among the several States, and
with the Indian Tribes." What is the common name for this clause? - ANS-Commerce
clause
Article I Section 8 gives the U.S. Congress certain limited powers, which may be
referred to as: - ANS-enumerated powers
,Assume that a federal administrative agency levied a $5,000,000 fine against XYZ Co. If
XYZ Co appeals this case to the federal court what will happen? - ANS-The court will
give great deference to the decision of the agency.
Before a court may use a long-arm statute to exercise personal jurisdiction over an
out-of-state defendant, the court must find what? - ANS-The defendant had sufficient
minimum contacts with the state.
Before trial, parties may use specific procedures to obtain information from the opposing
side in the lawsuit. This phase of litigation is called __________. - ANS-discovery
During litigation, when may new evidence be offered? - ANS-During trial only
Federal courts of general original jurisdiction are called _____________________? -
ANS-U.S. District Courts
Has the U.S. Congress passed any laws to protect the privacy of individuals? -
ANS-Yes, e.g. the Health Insurance Portability and Accountability Act
How does a plaintiff initiate a lawsuit? - ANS-File a Complaint or Petition with a court
How may Congress create an administrative agency and delegate to the agency certain
limited powers? - ANS-Pass an enabling statute
If a district attorney (lawyer for government) brings a lawsuit against a person for
stealing cars, what is the classification of this lawsuit? - ANS-Criminal
If an individual (Plaintiff) brings a lawsuit against a person for stealing her car, what is
the classification of this lawsuit? - ANS-Civil
If government is considering a law which may affect the environment, what type of
report must government publish for comment? - ANS-Environmental Impact Statement
If several publishers agree to a minimum price for the sale of ebooks, this is an example
of which type of horizontal restraint of trade? - ANS-price fixing
In a trial, who determines the facts? - ANS-a jury (if a party elects to have jury); if no
party requests a jury, then the judge
, In April, 2011, New York City regulators passed a law requiring buildings to convert to
cleaner forms of heating fuel by 2015. What was the result? - ANS-Thousands of
buildings ceased using No. 6 oil (the dirtiest fuel used in NYC in 2011) and converted to
cleaner fuel by the 2015 deadline.
In the area of administrative agency law, what does an enabling statute do? -
ANS-Creates an agency and sets the scope of the agency's powers and duties.
Legal ____________ is a court decision that is an authority for deciding subsequent
cases with the same or similar facts. - ANS-precedent
May a corporation have a policy that prohibits employees from criticizing the
corporation's employment practices in social media? - ANS-Probably not, because the
National Labor Relations Board has interpreted federal labor law to protect employees'
right to engage in "concerted activities," such as social media posts.
May a corporation's CEO serve prison time for conspiring to willfully violate safety
standards? - ANS-Yes, e.g. Massey Energy's CEO was sentenced to one year in prison
for violations of mine health and safety standards.
May a judge decide (dispose of) issues before trial, without allowing a jury to hear
evidence on that issue? - ANS-Yes, e.g. the judge may grant summary judgment on all
or some issues before trial
May the U.S. Supreme Court overturn prior precedent (ie decisions made by earlier
U.S. Supreme Court)? - ANS-Yes, e.g. Brown v. Board of Education of Topeka
overturned precedent that held segregated education was constitutional.
May violations of anti-trust law lead to criminal prosecutions? - ANS-Yes, violations of
the Sherman Antitrust Act may be criminal
Nebraska passes a law limiting the rights of women only. This law could be challenged
under which constitutional clause? - ANS-the equal protection clause
Obeying the law and behaving ethically are not always the same thing. Simply
complying with the law is called the ___________________ . - ANS-moral minimum
Pleadings in a lawsuit include which of the following? I. Defendant's Answer, II.
Supreme Court precedent, III. Plaintiff's Complaint. - ANS-I and III
A city may pass a law restricting speech addressing specific content (e.g. religious
issues) only if the city can prove: - ANS-the city has a compelling government interest,
which may only be advanced by the law
A court may overturn a regulation passed by an agency if the court finds that the
regulation is: - ANS-arbitrary and capricious
A defendant must receive formal notification that she/he/it has been sued. Often this is
accomplished by a person physically handing a copy of the complaint and summons to
the defendant. This is called _____________________. - ANS-Service of process
A party who loses in the U.S. Court of Appeals may ask the U.S. Supreme Court to hear
an appeal of the case. The U.S. Supreme Court refuses to hear most such cases.
However, when the U.S. Supreme Court does agree to hear an appeal it issues a
__________________________ to the lower court. - ANS-writ of certiorari
A simplified explanation of ethics is: - ANS-the study of what constitutes right or wrong
behavior
A state makes a law limiting the rights of homosexuals. This law could be challenged
under which constitutional clause? - ANS-the equal protection clause
Almost 1,000 years ago, England's king's courts developed a uniform set of rules that
applied in courts throughout England. This was the beginning of the _____________,
which involves law made by judges and not legislators or executives. - ANS-common
law
Article 1 of the Constitution establishes the Congress. It also grants to Congress the
power "to regulate Commerce with foreign Nations, and among the several States, and
with the Indian Tribes." What is the common name for this clause? - ANS-Commerce
clause
Article I Section 8 gives the U.S. Congress certain limited powers, which may be
referred to as: - ANS-enumerated powers
,Assume that a federal administrative agency levied a $5,000,000 fine against XYZ Co. If
XYZ Co appeals this case to the federal court what will happen? - ANS-The court will
give great deference to the decision of the agency.
Before a court may use a long-arm statute to exercise personal jurisdiction over an
out-of-state defendant, the court must find what? - ANS-The defendant had sufficient
minimum contacts with the state.
Before trial, parties may use specific procedures to obtain information from the opposing
side in the lawsuit. This phase of litigation is called __________. - ANS-discovery
During litigation, when may new evidence be offered? - ANS-During trial only
Federal courts of general original jurisdiction are called _____________________? -
ANS-U.S. District Courts
Has the U.S. Congress passed any laws to protect the privacy of individuals? -
ANS-Yes, e.g. the Health Insurance Portability and Accountability Act
How does a plaintiff initiate a lawsuit? - ANS-File a Complaint or Petition with a court
How may Congress create an administrative agency and delegate to the agency certain
limited powers? - ANS-Pass an enabling statute
If a district attorney (lawyer for government) brings a lawsuit against a person for
stealing cars, what is the classification of this lawsuit? - ANS-Criminal
If an individual (Plaintiff) brings a lawsuit against a person for stealing her car, what is
the classification of this lawsuit? - ANS-Civil
If government is considering a law which may affect the environment, what type of
report must government publish for comment? - ANS-Environmental Impact Statement
If several publishers agree to a minimum price for the sale of ebooks, this is an example
of which type of horizontal restraint of trade? - ANS-price fixing
In a trial, who determines the facts? - ANS-a jury (if a party elects to have jury); if no
party requests a jury, then the judge
, In April, 2011, New York City regulators passed a law requiring buildings to convert to
cleaner forms of heating fuel by 2015. What was the result? - ANS-Thousands of
buildings ceased using No. 6 oil (the dirtiest fuel used in NYC in 2011) and converted to
cleaner fuel by the 2015 deadline.
In the area of administrative agency law, what does an enabling statute do? -
ANS-Creates an agency and sets the scope of the agency's powers and duties.
Legal ____________ is a court decision that is an authority for deciding subsequent
cases with the same or similar facts. - ANS-precedent
May a corporation have a policy that prohibits employees from criticizing the
corporation's employment practices in social media? - ANS-Probably not, because the
National Labor Relations Board has interpreted federal labor law to protect employees'
right to engage in "concerted activities," such as social media posts.
May a corporation's CEO serve prison time for conspiring to willfully violate safety
standards? - ANS-Yes, e.g. Massey Energy's CEO was sentenced to one year in prison
for violations of mine health and safety standards.
May a judge decide (dispose of) issues before trial, without allowing a jury to hear
evidence on that issue? - ANS-Yes, e.g. the judge may grant summary judgment on all
or some issues before trial
May the U.S. Supreme Court overturn prior precedent (ie decisions made by earlier
U.S. Supreme Court)? - ANS-Yes, e.g. Brown v. Board of Education of Topeka
overturned precedent that held segregated education was constitutional.
May violations of anti-trust law lead to criminal prosecutions? - ANS-Yes, violations of
the Sherman Antitrust Act may be criminal
Nebraska passes a law limiting the rights of women only. This law could be challenged
under which constitutional clause? - ANS-the equal protection clause
Obeying the law and behaving ethically are not always the same thing. Simply
complying with the law is called the ___________________ . - ANS-moral minimum
Pleadings in a lawsuit include which of the following? I. Defendant's Answer, II.
Supreme Court precedent, III. Plaintiff's Complaint. - ANS-I and III
