Exam 1: Introduction To Law

Peggy Lou filed a lawsuit against "We Fix 'Em Rite," an auto body shop,for the sloppy paint job it did on her 1998 car.Once the lawsuit was filed with the appropriate clerk of court,Peggy Lou personally dropped a copy of the lawsuit in the mail."We Fix 'Em" says it never received notice of the lawsuit.Local court rules require that a lawsuit be served by an independent process server or by the sheriff's department.Is this an example of substantive law or procedural law? Explain the difference.

Curtis filed a lawsuit against Ulhoff for failure to repay $1,000 according to the terms of a promissory note.The trial ended before it began,with the trial judge granting a motion for summary judgment in favor of Curtis.Ulhoff has appealed,and the Supreme Court of Iowa has remanded the case.This means:

Wilfred was driving too fast for the icy road conditions and hit Sally's car.Sally can sue Wilfred in criminal court.

The Occupational Safety and Health Administration promulgated a rule requiring warehouse employees to wear hardhats when in the vicinity of an operating forklift.The purpose of the hardhats is to protect employees from danger of falling objects.This rule is:

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.

The case citation Pereda v.Parajon,957 So.2d 1194 (2007)reveals that Pereda is the plaintiff.

If the title of an appellate court case appears as Jones v.Smith:

If the President vetoes a bill,it can still become law if both the House and the Senate approve it with a 51% majority.

Hasbro,Inc.,the trademark owner of "Candy Land," sought a court injunction to stop Internet Entertainment Group,LTD from using the domain name,"candyland.com." Internet Entertainment Group had established a sexually explicit site at the domain name.This injunction would have to be issued by:

The government itself prosecutes the wrongdoer in a case involving behavior so threatening that society outlaws it altogether.This kind of case involves:

The President of the United States:

The doctrine of precedent is binding on all courts from county courts to the U.S.Supreme Court..

Congress enacted legislation in 1933 to regulate the securities industry and prohibit various forms of fraud with securities.The Securities Exchange Act of 1934 was passed a year later.This law created the Securities and Exchange Commission (SEC)as an independent regulatory entity whose function is to administer the two laws.The SEC has generated rules and regulations to administer these acts.These rules and regulations are:

Identify and discuss the primary sources of contemporary U.S.law.

Tony raped Jane in the parking lot of Joe's Brew Pub.The District Attorney's office prosecuted Tony on rape charges.Subsequently,Jane filed a lawsuit against Tony for money damages.Classify each legal action.

The Minnesota legislature passed a law requiring that employers allow each employee adequate time within each four consecutive hours of work to utilize the nearest convenient restroom.This law is:

Which school of jurisprudence is based on the philosophy that what matters is not what is written as law,but who enforces the law and by what process?

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.

Contemporary law's principle of collective responsibility,such as all partners being personally responsible for the debts of the partnership,had its roots in:

President Nixon issued wage-price controls in an effort to stabilize the economy.This use of executive power was: