Question 1

____________ includes the freedom of the press, freedom of speech, freedom of assembly, and freedom of religion.

Accepted Answer

A)  The Fifth Amendment 
B)  The Fourth Amendment 
C)  The Articles of Confederation 
D)  The First Amendment 
A)  The Fifth Amendment 
B)  The Fourth Amendment 
C)  The Articles of Confederation 
D)  The First Amendment D

Question 2

Pierce was arrested under a city ordinance that made distributing handbills on the city streets a crime. Pierce argued that the U.S. Constitution guaranteed his right to free speech under the First Amendment. The local prosecutor argued that the First Amendment to the U.S. Constitution did not apply to state laws. Was the prosecutor correct? Explain.

Accepted Answer

The prosecutor was wrong. Pierce's argument was correct in that the Fourteenth Amendment extends the protections of the Bill of Rights to state governments.

Question 3

Small towns want to restrict the speed of trains passing through the towns to 20 miles per hour. The Federal Railroad Administration allows trains to travel through the towns at up to 70 miles per hour. Discuss whether or not the towns may restrict the speed of the trains.
The administration should analyze if this decision of the state comes with the intent of taking extra precautions for public safety. Have accidents occurred in the past? Notwithstanding, state statutes can be preempted by federal statutes in areas that are traditionally that of the federal government.

Accepted Answer

The decision to restrict the speed of trains passing through small towns to 20 miles per hour would need to be carefully considered. The Federal Railroad Administration allows trains to travel through the towns at up to 70 miles per hour, but the towns may have valid reasons for wanting to impose a lower speed limit.

First and foremost, the safety of the residents in the small towns should be a top priority. If there have been accidents or safety concerns related to trains traveling at higher speeds through the towns in the past, then the towns may have a valid argument for wanting to restrict the speed of the trains.

However, it's important to note that state statutes can be preempted by federal statutes in areas that are traditionally that of the federal government. In this case, the regulation of train speeds and railroad safety is typically within the jurisdiction of the Federal Railroad Administration. Therefore, the towns may not have the authority to unilaterally impose a lower speed limit on trains passing through their jurisdiction.

Ultimately, the decision would need to be carefully evaluated, taking into consideration both the safety concerns of the towns and the authority of the Federal Railroad Administration. It may be necessary for the towns to work with the federal government to find a solution that addresses their safety concerns while also complying with federal regulations.

Question 4

The principle of the separation of powers divides power between the state and federal government.

Accepted Answer

A) True 
 B)False

Question 5

Stanley runs a business in Middletown. He knows bribing an officer in return for favorable duties is a crime. However, he avoids "bribery" by sending "gifts" to the sheriff as a token of appreciation for the officer's services to the town. The sheriff is impressed by Stanley's act and ensures that his business is "well protected." Analyze the situation.

Accepted Answer

According to Professor Anthony Chase, on

Question 6

According to the uncertainty principle, when intent and results coincide, it is usually based on the strategic thinking and experience of the persons involved.

Accepted Answer

A) True 
 B)False

Question 7

Trade-offs rarely occur within the law.

Accepted Answer

A) True 
 B)False

Question 8

Helen, a 15-year-old citizen of Illinois, was about to go to the doctor for an abortion when the Supreme Court of Michigan ruled that minors could not receive an abortion without parental consent. What effect might the Michigan Supreme Court's decision have on Helen?

Accepted Answer

The ruling of the Michigan Sup

Question 9

A new administrative regulation allowed the Social Security Administration to charge women for Social Security cards, yet enabled men to obtain the cards for free. A lawsuit was filed challenging the constitutionality of this new regulation. If you were a justice on the Supreme Court you would most likely

Accepted Answer

A)  review common law to see whether a precedent exists. 
B)  use statutory interpretation to clarify the law. 
C)  rule the regulation unconstitutional. 
D)  let the regulation stand. 
A)  review common law to see whether a precedent exists. 
B)  use statutory interpretation to clarify the law. 
C)  rule the regulation unconstitutional. 
D)  let the regulation stand.

Question 10

The Supremacy Clause of the U.S. Constitution states that the President can veto any state law that conflicts with the U.S. Constitution.

Accepted Answer

A) True 
 B)False

Question 11

The purpose of a complex adaptive system is the survival and improvement of the legal ecosystem.

Accepted Answer

A) True 
 B)False

Question 12

The law has built-in ____________-on the one hand, a person discovers the ____________ of the law when he understand the law's actual intent, while on the other hand, if a person holds to the ____________ of the law the person may have missed the true meaning.

Accepted Answer

A)  dualities; spirit; letter 
B)  dualities; words; interpretation 
C)  dualities; abstract; concrete 
D)  dualities; uncertainty; reason 
A)  dualities; spirit; letter 
B)  dualities; words; interpretation 
C)  dualities; abstract; concrete 
D)  dualities; uncertainty; reason

Question 13

A Massachusetts law prohibited governmental agencies of Massachusetts from buying goods from companies that conducted business with Myanmar. If the U.S. Supreme Court were to strike down this law, what might be the basis?

Accepted Answer

The Supreme Court of the United States c

Question 14

A state law restricts the sulfur dioxide emissions from electric generation plants more severely than those of the federal Clean Air Act. Must an electric generation plant obey the state law or may it follow the federal statute?

Accepted Answer

State statutes can be preempted by feder

Question 15

A compilation of all the statutes of a particular state or the federal government is known as a code.

Accepted Answer

A) True 
 B)False

Question 16

A business asks a court to interpret the way in which a newly enacted shoplifter detention statute will be applied if the business, at some future point, detains a suspected shoplifter. The court may:

Accepted Answer

A)  issue an advisory memorandum. 
B)  convene a conference of business and consumer representatives. 
C)  not interpret the statute until a lawsuit is filed challenging the statute. 
D)  ask the legislature to issue an advisory memorandum. 
A)  issue an advisory memorandum. 
B)  convene a conference of business and consumer representatives. 
C)  not interpret the statute until a lawsuit is filed challenging the statute. 
D)  ask the legislature to issue an advisory memorandum.

Question 17

The Articles of Confederation created a strong national government.

Accepted Answer

A) True 
 B)False

Question 18

Under the doctrine of ____________, courts determine the constitutionality of statutes, regulations or executive actions, taking into account any ____________ in its analysis.

Accepted Answer

A)  statutory interpretation; persuasive precedent 
B)  statutory interpretation; binding precedent 
C)  judicial review; persuasive precedent 
D)  judicial review; binding precedent 
A)  statutory interpretation; persuasive precedent 
B)  statutory interpretation; binding precedent 
C)  judicial review; persuasive precedent 
D)  judicial review; binding precedent

Question 19

The 'devolution' of a right annuls the ethics and morality of a right.

Accepted Answer

A) True 
 B)False

Question 20

In the "Opening Case," the Roman Catholic Archdiocese of Washington
D.C. sued the Department of Human Services claiming the Affordable Care Act (ACA) interferes with its First Amendment right to privacy.
In the Roman Catholic Archdiocese of Washington
D.C., et al. v. Kathleen Sebelius, Secretary of the United States Department of Health and Human Services, et al. the plaintiffs (the Diocese) claim that the ACA interferes with its First Amendment right to free exercise of their religion by requiring Catholic institutions, including universities, hospitals, and social service organizations, to provide insurance for certain birth control-related services that the Church forbids.

Accepted Answer

A) True 
 B)False

Exam 2: Sources of the Law

____________ includes the freedom of the press, freedom of speech, freedom of assembly, and freedom of religion.

The principle of the separation of powers divides power between the state and federal government.

According to the uncertainty principle, when intent and results coincide, it is usually based on the strategic thinking and experience of the persons involved.

Trade-offs rarely occur within the law.

Helen, a 15-year-old citizen of Illinois, was about to go to the doctor for an abortion when the Supreme Court of Michigan ruled that minors could not receive an abortion without parental consent. What effect might the Michigan Supreme Court's decision have on Helen?

The Supremacy Clause of the U.S. Constitution states that the President can veto any state law that conflicts with the U.S. Constitution.

The purpose of a complex adaptive system is the survival and improvement of the legal ecosystem.

The law has built-in ____________-on the one hand, a person discovers the ____________ of the law when he understand the law's actual intent, while on the other hand, if a person holds to the ____________ of the law the person may have missed the true meaning.

A Massachusetts law prohibited governmental agencies of Massachusetts from buying goods from companies that conducted business with Myanmar. If the U.S. Supreme Court were to strike down this law, what might be the basis?

A state law restricts the sulfur dioxide emissions from electric generation plants more severely than those of the federal Clean Air Act. Must an electric generation plant obey the state law or may it follow the federal statute?

A compilation of all the statutes of a particular state or the federal government is known as a code.

A business asks a court to interpret the way in which a newly enacted shoplifter detention statute will be applied if the business, at some future point, detains a suspected shoplifter. The court may:

The Articles of Confederation created a strong national government.

Under the doctrine of ____________, courts determine the constitutionality of statutes, regulations or executive actions, taking into account any ____________ in its analysis.

The 'devolution' of a right annuls the ethics and morality of a right.

Ethics, Social Responsibility, and the Law

The Judicial Process and Cyber-Procedure

Alternate Dispute Resolution

Criminal Law and Cybercrimes

Tort Law and Cybertorts

The Essentials of Contract Law

Offer, Acceptance, and Mutual Assent

Consideration and Cyber-Payments

Capacity and Legality: The Final Elements

Written Contracts and Cyber-Commerce

Third Parties, Discharge, and Remedies

Sales Contracts: Formation, Title, and Risk of Loss

Sales Contracts Rights, Duties, Breach, and Warranties

Product Liability and Consumer Protection

The Nature of Negotiable Instruments

Holders in Due Course Defenses and Liabilities

Bank-Depositor Relationships and Cyber-Banking

Insurance

Mortgages and Security Interests

Bankruptcy and Debt Adjustment

Agency Law

Employment Law

Labor Law

Sole Proprietorships and Partnerships

The Corporate Entity

Corporate Governance

Government Regulation of Corporate Business

Personal Property and Bailments

Real Property and Landlord and Tenant Law

Wills, Trusts, and Advanced Directives

Professional Liability

The Intersection of Law and Science

International Law

Filters

The law has built-in -on the one hand, a person discovers the of the law when he understand the law's actual intent, while on the other hand, if a person holds to the of the law the person may have missed the true meaning.

Under the doctrine of , courts determine the constitutionality of statutes, regulations or executive actions, taking into account any in its analysis.