Deck 33: Regulations, Contracts, and Discovery

Question 1

The dissent argues that the regulation at issue in Vo v.City of Garden Grove,which requires the installation of video cameras in all cybercafes,would minimize the burden on speech

A)less effectively by other means.
B)more effectively by other means.
C)as effectively under any means.
D)ineffectively under any means.

Answer 1

B

Question 2

In a brief filed in Gene's suit against Hoyt in a federal court,Ilsa,Gene's attorney,cites,Jon v.Klint,an unpublished opinion.According to a ruling of the United States Supreme Court,the judge in Gene's suit

A)may consider the unpublished opinion persuasive.
B)must apply the unpublished opinion as binding.
C)must ignore the unpublished opinion.
D)must issue a judgment in Hoyt's favor.

Answer 2

A

Question 3

In Eastside Grocery Company's suit against Fresh Foods,Inc. ,Fresh seeks to recover the cost to provide cop?ies of e-documents to Eastside.This cost could be awarded if

A)all of the parties used the e-documents.
B)Eastside's ability to pay is greater than Fresh's.
C)Fresh covered the cost,hoping to recover it later.
D)the court approved the provision of the e-documents.

Answer 3

B

Question 4

In Circuit City Stores,Inc.v.Adams,the U.S.Court of Appeals for the Ninth Circuit ruled that Circuit City's contract was

A)enforceable because it was a standard form contract.
B)enforceable because employees were required to arbitrate their dis?putes and the employer was free to litigate its claims in court.
C)unenforceable because the Federal Arbitration Act does not apply to such contracts.
D)unenforceable because it was unconscionable.

Question 5

Capital Credit Company files a suit against Downtown Developers,Inc. ,and seeks,as part of dis?covery,certain electronic documents in Downtown's possession.Responding to this request will most likely be required if the documents contain data that is relevant and

A)accessible.
B)privileged.
C)recoverable.
D)text only.

Question 6

The majority concludes that the regulation at issue in Vo v.City of Garden Grove promotes a substantial government interest that would be achieved

A)less effectively without the regulation.
B)more effectively with a different regulation.
C)as effectively under any similar regulation.
D)ineffectively under any regulation.

Question 7

In a brief filed in Lea's suit against Mica in a state court,Neil,Lea's attorney,cites,Ole! Cafe v.Pan Foods Corp. ,an unpublished opinion.With respect to the persuasiveness of unpublished opinions,most states

A)allow their courts to consider such opinions.
B)do not allow their courts to consider such opinions.
C)impose certain hierarchical rankings.
D)require their courts to consider such opinions.

Question 8

In Vo v.City of Garden Grove,the significant,or substantial,government interest that the city of Garden Grove asserts is supported by its ordinance requiring cybercafe owners to provide security guards and install video cameras,among other things,is

A)the employment of as many members of the community as possible.
B)the public consumption of private economic resources.
C)the right to freedom of speech.
D)the safety and well being of minors.

Question 9

The United States Supreme Court has consistently ruled that the Federal Arbitration Act

A)applies to certain employment contracts only.
B)applies to employment contracts generally.
C)does not apply to any employment contracts.
D)does not apply to arbitration clauses in employment contracts.