BUL6810

Quiz: Chapter 1

Question 1

5 / 5 pts

The CISG:

is an example of uniform state laws.

 is an example of uniform international laws.

 is an example of a war convention among several nations.

 does not exist in the EU.

 none of the above

Question 2

5 / 5 pts

Which is not an example of private law?

lease on a residential home

 lease on a commercial building

 zoning ordinances

 contract for the sale of a car

 employer regulations

 Question 3

5 / 5 pts

Which of the following subjects is not generally covered by local ordinances?

zoning

 curfews

 dog licensing

 partnerships

 traffic

 Question 4

5 / 5 pts

Phil’s Corner Mart is a convenience store and gasoline station. A representative from the Environmental Protection Agency (EPA) has just notified Phil that there is some leakage from his underground gasoline storage tanks. The EPA representative explains to Phil that he will be issuing a citation for violation of federal environmental laws and that Phil could be liable for clean-up costs and penalties. Which of the following statements is true?

Phil has been charged with a crime.

 Phil has been charged with violation of a state statute.

 Phil is facing civil penalties for the violation.

 The EPA promulgates USC provisions.

 Question 5

5 / 5 pts

The European Union:

was disbanded by GATT.

 is an organization of European countries.

 has established trade barriers.

 has strict customs controls among the members.

Question 6

5 / 5 pts

Animo runs a website that allows amateur photographers to post photographs that they have taken for purposes of getting their work recognized and with the hope that others will see their works and purchase them for use in ad, textbooks, and other publications.  Animo employees do not review the website, but they do remove photos when notified that a posted photo is not posted with permission and is copyrighted by someone other than the person who posted it. Applying the decisions from the Grokster and Viacom decisions, which of the following statements is correct?

Animo is liable for copyright infringement because it does not check its cite for possible violations.

Animo is liable for copyright infringement once it is notified of a problem, but does not take action.

Because Animo does not accept payment from photographers for the posting and cannot be liable for copyright infringement.

Animo is liable for copyright infringement only if the owner of the copyright notifies it of the infringement.

Question 7

5 / 5 pts

Which of the following is an example of a law that provides compromises?

curfews

 antitrust laws

traffic laws

 union/management laws

 Question 8

5 / 5 pts

Which is the proper cite for Executive Orders?

CFR

 USC

 E.O.O.C.

none of the above

 Question 9

5 / 5 pts

When is precedent not followed?

when circumstances have changed

 when technology has changed

 when there are changes in the factual circumstances from those in which the precedent was established

It is possible that precedent would not be followed in all of the above circumstances.

Question 10

5 / 5 pts

Jane Dixon is going to create a limited liability company for operating her business that does billing for physicians and medical laboratories. Jane is unsure whether her state allows for the creation of limited liability companies. Advise Jane on the best place to look for finding whether she can create a limited liability company in her state:

United States Code

 Code of Federal Regulations

 municipal ordinances

 state statutes

 none of the above

 Question 11

5 / 5 pts

When the music companies filed suit against the peer-to-peer file sharers on copyrighted music, they wanted legal and equitable remedies. Which of the following is an equitable remedy?

money damages for the loss of royalties on the downloaded copyrighted songs

injunction against the facilitating software provider for the downloading

 civil penalties for the infringement

 both a and c

 Question 12

5 / 5 pts

A state statute that prohibits “baby buying” regardless of circumstances is a law that most closely follows which theory of jurisprudence?

justice

 natural law

 positive law

 custom

 Question 13

5 / 5 pts

The federal statute that carries imprisonment as a penalty for trading securities on inside information is an example of a:

private law.

 civil law.

 procedural law.

 criminal law.

 all of the above

 Question 15

5 / 5 pts

Several states have recently enacted legislation to permit casino gambling on river boats docked in their states. Gambling is permitted only while the boats are traveling in the rivers surrounding or inside the states. One governor issued the following statement: “It wouldn’t matter how many gaming statutes are passed or how many legislatures passed them, the fact of the matter is that commercial gambling is wrong.” This governor’s views:

indicate that he follows the positive law theory.

 indicate that he follows the natural law theory.

 indicate that he is against principles of justice.

 are most parallel to those of Oliver Wendell Holmes.

 Question 16

5 / 5 pts

John Renfro was recently downsized as part of a corporate restructuring at the jet propulsion firm where he works. Renfro is confused, “Do I have any rights on my health insurance? What about unemployment?”. Which sources of law would have information for Renfro in answering his questions?

jurisprudence

 ordinances

 executive orders

 federal statutes (U.S.C.)

 Question 17

5 / 5 pts

Which of the following is an example of law not enacted by an elected body?

municipal law

 administrative regulations

 state codes

United States Code

 all of the above are enacted by an elected body

 Question 18

5 / 5 pts

Which of the following is not an example of a law that promotes order?

disclosure statutes for securities sales

 curfew

 speed limits

 trespassing laws

 Question 19

5 / 5 pts

On faxed documents, it is often difficult to tell if a signature is authentic, both because clarity is a problem and also because signatures can be cut and pasted onto new documents from old documents. The Uniform Commercial Code provides that anything placed on a document with the intent to authenticate it is a binding signature for a valid contract. The UCC definition:

did not anticipate the technology problems arising from the fax.

 will apply even in these fax situations.

 is a common law definition.

 is part of federal law.

 Question 20

5 / 5 pts

Which of the following is not a source of international law?

custom

treaties

private law

Code of Federal Regulations

Quiz: Chapter 2

Question 1

5 / 5 pts

Sarah Blankenship was traveling for business.  She took a cab from the office where she was doing her company assignment to the airport.  As she paid the cab driver, she asked for a receipt and the driver insisted that she take two receipts, one that was blank so that she could fill it in and “get a little extra from her company for travel reimbursement.” Sarah accepted the blank receipt and wonders if there would be any problem in submitting for reimbursement for an extra cab ride. “It wouldn’t be a lot,” she thinks to herself, “just a little bit that I can say was for purposes of getting to dinner one night while I was there.” Which of the following best describes Sarah’s situation?

The cab driver committed the ethical breach, not Sarah, so she should use the receipt.

There are many unreimbursed expenses when you travel for your company, so the extra receipt is a way of recouping those expenses.

If Sarah submits the extra receipts for reimbursement she is taking something that does not belong to her.

Sarah should save the receipt and use it another time when she forgets to get a receipt.

Question 2

5 / 5 pts

In international business:

there are no ethical rules.

 corruption facilitates commerce.

 trust and honesty are required for investment and economic growth.

 a company must operate by a set of rules different from its U.S. rules.

 Question 3

5 / 5 pts

Which of the following is not always a result of unethical behavior?

loss of trust

 loss of goodwill

 loss of profits

strained relations with regulators

 Question 4

5 / 5 pts

A law firm in the Phoenix area provides “sick care” for employees’ children. Sick care can be used when the child is too ill to go to school or its regular care facility. The law firm manager claims the program has cut down on sick days taken by employees to care for sick children. The program is an illustration of which type of social responsibility school?

inherence school

 enlightened self-interest school

 invisible hand school

 social responsibility school

 Question 5

5 / 5 pts

Michael Chertoff was the head of the Department of Homeland Security. Mr. Chertoff paid 25 cents to the federal government each time a personal fax came to him at his federal office. Mr. Chertoff’s actions:

are meant to establish an effective tone at the top.

are unnecessary because there is no ethical breach when you have no control over who sends faxes.

are inconsequential for the agency.

 none of the above

 Question 6

5 / 5 pts

Which of the following is not a requirement of Sarbanes-Oxley?

code of ethics

 ethics hotline (anonymous)

 ethics officer

 both a and c

 Question 7

5 / 5 pts

Enron’s failure to disclose its off-the-book debts was legal. Which of the following ethical categories do you think apply to that type of financial reporting?

balancing ethical dilemmas

giving or allowing a false impression

 taking unfair advantage

 both b and c

 none of the above

 Question 8

5 / 5 pts

Which of the following statements is true about an ethical business?

It will always be profitable.

 It will always satisfy all stakeholders.

 It will always survive over the long run.

 It will avoid the consequences of unethical behavior.

 Question 9

5 / 5 pts

An inherence school company would become involved in a residential property tax for schools only if:

the community would benefit from the tax.

 government leaders are in favor of the tax.

 the issue would affect the company’s performance.

community leaders favored it.

 Question 10

5 / 5 pts

Jane Eyring works for PharmaMeds, Inc. Jane is a physician-scientist who is responsible for running the pilot tests on PharmaMed’s new oral spray medication for individuals with adult onset diabetes. Jane has discovered that if those in the test group do not spray the medicine correctly or if they spray for too short of a time, the medicine is not effective, or as effective, and insulin shock has resulted in a few of the patients. Jane talks with one of her colleagues who responds, “Look, there’s no need to stop the testing or the drug’s release. Just tell them in the test and in the brochures that will be with the spray, ‘Spray correctly! If you do not, you may not receive your necessary dose.’” Jane is not sure anyone can be 100% accurate in spraying all the time. What risks does the company run if the spray doesn’t work for the patients?

fines and penalties

 litigation by patients who become ill

 damage to its reputation

 all of the above

 Question 11

5 / 5 pts

President Obama said in a number of speeches advocating his health care plan, “If you like your health care plan, you can keep your health care plan, period.”  After the law was passed and as its provisions took effect, about 5 million Americans had their policies canceled because the policies no longer met federal minimum standards for coverage. A provision in the law required insurers to cancel any policies that did not meet those federal standards. Which of the following categories does the President’s statement fall into?

Giving or allowing a false impression

Conflict of interest

Personal decadence

a, b and c

Question 12

5 / 5 pts

The statement, “What’s good for GM is good for the country,” is an example of the thoughts of a manager from the:

inherence school.

 enlightened self-interest school.

 social responsibility school.

invisible hand school.

 Question 13

5 / 5 pts

Which country is perceived as the most corrupt country in the 2012 Corruption Perceptions Index?

Iraq

 Iran

 Somalia

 Singapore

Question 15

5 / 5 pts

In the Parable of the Sadhu:

the lesson of personal values vs. organizational or group values is drawn.

 the lesson that the rules of business prevail over personal values is drawn.

 the lesson of survival of the fittest is given.

 the lesson of “every man for himself” is critical for business survival.

Question 16

5 / 5 pts

A parents’ group and the National Association of Teachers is concerned about the lyrics on the albums of some rock music groups and has expressed the concern publicly. Capitol Records adopted a voluntary labeling system that provides warning labels on albums that contain explicit lyrics about sex, drugs, or satanic worship. Capitol’s action is an example of a:

nonmandated ethical response.

 waste of shareholder dollars according to Milton Friedman.

 violation of shareholder rights.

 none of the above

 Question 17

5 / 5 pts

Which of the following ethical models incorporates conscience into the decision-making process?

Front-page-of-the-newspaper test

 Wall Street Journal test

Blanchard and Peale model

 Positive law

 none of the above

Question 18

5 / 5 pts

Under which of the schools is the corporation best served by serving only the shareholders?

inherence school

 enlightened self-interest school

 invisible hand school

 social responsibility school

 Question 19

5 / 5 pts

Yucca Mountain is the proposed location for the disposal of spent nuclear fuel rods from the nuclear plants located in the United States.  Who of the following are stakeholders in the decision about whether to open Yucca Mountain?

Those who live in and around Yucca Mountain.

The shareholders in nuclear utility plants.

Those who live around nuclear plants where the rods are stored temporarily.

a and c

a, b, and c

Question 20

5 / 5 pts

Why does the late Dr. Milton Friedman feel that managers should not involve their companies in social issues?

 they are agents of the shareholders and should act in their best interests

companies lose money when they are socially responsible

 economic studies show businesses that are socially responsible make less money

all of the above

Quiz: Chapter 3

Question 1

5 / 5 pts

When a case is remanded:

it is affirmed.

 it is sent back to the trial court.

 it is completed.

 precedent is not being followed.

 none of the above

 Question 2

5 / 5 pts

Smitty’s is a bait and tackle shop near Lake of the Ozarks, Missouri, owned by Red Smith. Smitty’s has a website, www.smittys.com. Smitty’s Bait Shop is located in the Adirondacks in New York, owned by Buzz Smith, who also runs a catalogue business. When Buzz tried to get the website, www.smittys.com, for use with his catalogue sales, he discovered Smitty’s of Missouri. He filed suit in federal district court in New York for infringement. “Everyone will go to the site and think I don’t have catalogue merchandise! I’ll lose business.” Red says, “I’m in Missouri. How could anyone be confused? And, I don’t sell by catalogue or the Internet. And, I’m not going to New York to defend a pointless lawsuit.”

Red is correct, New York has no jurisdiction over him.

 Buzz is correct. Red’s Internet site subjects him to New York jurisdiction.

 Neither is correct, the case belongs in state court.

 none of the above

Question 3

5 / 5 pts

Emma Samuels is a resident of St. Johnsbury, Vermont. She was injured in an auto accident when a resident of Burlington, Vermont, struck her car from behind. Emma wishes to bring suit to recover her medical costs and the costs of repair to her car. Emma’s suit:

is properly brought in federal court in Vermont because the drivers were residents of different cities.

is properly brought in Vermont’s general trial court.

is properly brought in U.S. Court of Claims since two U.S. citizens were involved.

none of the above

Question 4

5 / 5 pts

During the criminal trial for former Governor Fife Symington of Arizona, an elderly member of the jury told the judge that she felt pressured by the other jurors to find him guilty. The judge removed the woman from the jury and Governor Symington was convicted. Which of the following describes the likely result if the governor appeals?

There is no reversible error because jury deliberations are not part of the trial or evidence.

There is a reversible error because of the possible prejudice to the governor in the dismissal of the juror.

Appellate courts cannot reverse on questions about jury deliberations.

 There can be no reversal of the case absent some error in testimony or jury instructions.

none of the above

 Question 5

5 / 5 pts

Ralph Watkins, owner of The Steak Pit restaurant in Billings, Montana, is suing Western Cornfed Beef, a Kansas City, Kansas, supplier, for breach of contract. Watkins refuses to pay $22,000 for steaks he claims were never delivered. Where will Watkins properly file suit?

federal district court in Montana

 federal district court in Kansas

 state court in Montana

 state court in Kansas

 Question 6

5 / 5 pts

A reversible error is:

any mistake made in a case.

 one that might have affected the outcome of a case.

 determined during a motion for summary judgment.

 none of the above

 Question 7

5 / 5 pts

Which of the following is not a court of limited jurisdiction?

probate court

 small claims court

 federal district court

 All of the above are limited jurisdiction courts.

 Question 8

5 / 5 pts

Which label is appropriate for the party appealing a case?

respondent

 defendant

 appellant

 either a or c

 Question 9

5 / 5 pts

How many federal district courts are there?

nine

 at least one for every state

 thirteen

 none of the above

 Question 10

5 / 5 pts

DFA, a Kansas cooperative, has its principal place of business in Kansas City, Missouri. Bassett, an international commodities broker and a Canadian corporation, has its principal place of business in Toronto, Ontario. Bassett is not qualified to do business in Missouri; has no agent for service of process, offices, property, bank accounts, telephone listings, or employees there; and does not advertise or promote its business there. Between July 2009 and February 2011, Bassett purchased more than 3.5 million pounds of dairy products from DFA in about 80 transactions totaling $5 million. The parties did not have a long-term contract, agreeing to each transaction individually by phone.  Bassett communicated by phone and email with DFA’s Missouri headquarters about delivery and billing.  Bassett stopped paying on his account at DFA and DFA sued Bassett in Missouri for failure to pay. The district court dismissed the suit for lack of personal jurisdiction. The total amount due on the account was $220,000.  Answer the following three questions based on this fact pattern.

 Which of the following statements is correct about subject matter jurisdiction?

Federal courts in the United States would have subject matter jurisdiction.

Federal courts in the United States do not have subject matter jurisdiction because Bassett is from another country.

Federal courts do not have jurisdiction because the amount in dispute does not meet the federal minimums for jurisdiction.

Because this is a contract action and no federal statute is involved, the federal courts do not have jurisdiction.

Question 12

5 / 5 pts

DFA, a Kansas cooperative, has its principal place of business in Kansas City, Missouri. Bassett, an international commodities broker and a Canadian corporation, has its principal place of business in Toronto, Ontario. Bassett is not qualified to do business in Missouri; has no agent for service of process, offices, property, bank accounts, telephone listings, or employees there; and does not advertise or promote its business there. Between July 2009 and February 2011, Bassett purchased more than 3.5 million pounds of dairy products from DFA in about 80 transactions totaling $5 million. The parties did not have a long-term contract, agreeing to each transaction individually by phone.  Bassett communicated by phone and email with DFA’s Missouri headquarters about delivery and billing.  Bassett stopped paying on his account at DFA and DFA sued Bassett in Missouri for failure to pay. The district court dismissed the suit for lack of personal jurisdiction. The total amount due on the account was $220,000.  Answer the following three questions based on this fact pattern.

Which of the following is correct about in personam jurisdiction?

The courts of Missouri would have jurisdiction over the case because Bassett did business on a regular basis with a Missouri company.

The courts of Missouri would not have jurisdiction because Bassett had no presence in the state.

The terms of the contract would control whether the courts of Missouri had jurisdiction over Bassett.

No state in the United States would have jurisdiction over Bassett.

Question 13

5 / 5 pts

How many U.S. Courts of Appeal are there?

nine

 at least one for every state

 thirteen

 none of the above

 Question 14

5 / 5 pts

Xcruise.com is an Internet company that sells discount cruises over the Internet to customers throughout the United States. Xcruise.com has one office, located in Fargo, North Dakota. All of Xcruise.com’s employees, equipment and boats are located in either Miami or Libya. The Bottonskis, residents of Virginia, bought two first-class tickets on Xcruise.com’s Alaska cruise. Mrs. Bottonski was injured when she fell on a wet floor near the dinner buffet. What court is likely to have jurisdiction if Mrs. Bottonski brings suit to recover her $123,000 in medical bills?

Virginia federal district court

 no court in the U.S.; Libya has jurisdiction

 state court only in North Dakota

 federal district court in North Dakota or Florida

 Question 15

5 / 5 pts

Regional reporters:

are for the federal system.

 include the opinions of state supreme courts.

 include the opinions of the U.S. Supreme Court.

 are the same as the federal reporters.

Question 18

5 / 5 pts

To initiate a lawsuit in the federal court system, the plaintiff would file a complaint in a:

federal district court.

 U.S. Court of Appeals.

 U.S. Court of Claims. 

U.S. Tax Court.

 Question 19

5 / 5 pts

Which is not part of the National Reporter System?

Federal Supplement

 Pacific Reporter

 State supreme court decisions

 both a and c

 Question 20

5 / 5 pts

Which of the following suits could be properly heard in federal district court?

a suit between two contracting parties in one state over a UCC interpretation question

a suit for damages of $50,000 between a citizen of Oregon and a citizen of Washington

a suit challenging the constitutionality of a state’s death penalty statute

 all of the above

Quiz: Chapter 4

Question 1

5 / 5 pts

Jury instructions:

are not given in all cases.

 explain the application of law to juries.

 are developed unilaterally by the judge.

 explain how a foreman is elected.

Question 2

5 / 5 pts

A motion for judgment on the pleadings can be granted:

if the complaint does not state a cause of action.

 if there are no factual issues.

 any time during the course of the trial.

 all of the above

 Question 3

5 / 5 pts

Choose the answer that reflects the proper sequence of events in civil procedure:

complaint, subpoena, deposition, answer, interrogatories, summons

 complaint, deposition, answer, counterclaim, affirmative defense

 complaint, directed verdict, summary judgment, summons, answer

 complaint, summons, answer, counterclaim, discovery

 discovery, complaint, summons, answer, counterclaim

 Question 4

5 / 5 pts

Which of the following may not be included in the answer to a complaint?

admission

 counterclaim

 denial

 all can be included

 Question 5

5 / 5 pts

Which of the following is a suggested policy on executive smartphone use?

A mandatory password requirement for smartphones.

 A stated policy on deleting messages on smartphones.

 Smartphone configuration and archiving policies.

 All of the above.

 Question 6

5 / 5 pts

If there is a hung jury:

the case must be dismissed.

 the judge finds in favor of the defendant.

 the case can be retried.

 the judge can grant summary judgment.

 Question 7

5 / 5 pts

Which of the following is the first document filed in a lawsuit?

complaint

 answer

 pleadings

 none of the above

 Question 8

5 / 5 pts

What type of scientific/expert testimony requires a higher standard of review before it can be used in court?

any academic studies

 any studies developed for use at trial

 any studies in an area in which experts differ

 none of the above

 Question 9

5 / 5 pts

Which of the following methods of arbitration allows the parties input on the decision-maker(s)?

peer review

 arbitration

 mediation

 all of the above

 Question 10

5 / 5 pts

Investment banker, Frank Quattrone, sent an e-mail around to his employees reminding them about their e-mails and to “clean up those files.” The e-mail was sent when the SEC was investigating Mr. Quattrone’s employer, Credit Suisse First Boston. The destruction of the e-mails:

could constitute spoilation.

 could constitute obstruction of justice.

 is fine if it is routine.

 both a and b

 Question 11

5 / 5 pts

Which of the following would not be discoverable in a contract suit requesting lost profits as damages?

income tax returns of the business

 orders of merchandise

 expense records

 work product

 Question 12

5 / 5 pts

A motion to dismiss can be granted:

any time throughout the case.

 only after the plaintiff’s case has been presented.

only after the defendant’s case has been presented.

only if summary judgment is also appropriate.

 Question 13

5 / 5 pts

Flozell Adams is a professional football player formerly with the Dallas Cowboys. He submitted a claim in arbitration against his agent, Roosevelt Barnes (according to the terms of their contract for fees and the union rules for settlement of player disputes with agents).  He said Barnes owed him because of overpayment on his contracts that Barnes negotiated for him with the Cowboys. Adams was notified of the binding arbitration hearing date.  When he arrived, he said he was unaware of his right to counsel and asked for a postponement of the hearing so that he could retain counsel.  His request was denied. The arbitrator found for Barnes for the contract for the eight seasons Adams played for the Cowboys. Barnes did not owe any money to Adams. In fact, the arbitrator found that Adams owed Barnes fees for his contracts for three of the Cowboys’ seasons.  Adams then filed suit to have the arbitration award set aside because he said the arbitrator was biased and that the arbitrator ignored the statute of limitations on some of the contracts.  Which of the following best describes what the court can do about the arbitration award?

Arbitration awards can be set aside if the finding is inconsistent with the law.

Arbitration awards are rarely set aside.

Arbitration awards can be set aside if the losing party feels the arbitrator was biased.

Arbitration awards can be set aside only after an actual trial is held.

Question 14

5 / 5 pts

The party conducting cross-examination is:

the party who did not call the witness.

 the party who called the witness.

 involved in voir dire.

 always the judge.

 Question 15

5 / 5 pts

A motion for judgment NOV:

is a motion for judgment notwithstanding the verdict.

 can only be made by the plaintiff.

 is made only before the verdict is returned.

 none of the above

 Question 16

5 / 5 pts

Once a plaintiff has established a prima facie case:

the case is won.

the case can survive a directed verdict motion by the defendant.

 the defendant cannot present contradictory evidence.

 a judgment NOV is granted.

 none of the above

 Question 17

5 / 5 pts

Sam Echols was injured when he was struck in a crosswalk by a car driven by Ceila Jones. Echols’ lawyer suspects that Ms. Jones was not wearing her contact lenses at the time of the accident as she is required to do by law. After Echols’ lawyer files suit, how can she find out whether Ms. Jones was wearing her contact lenses?

by subpoenaing Ms. Jones

 by a request to produce

 by a deposition of Ms. Jones

 The information is privileged and nondiscoverable.

 Question 18

5 / 5 pts

Spoilation is:

litigation over contaminated food.

 destruction of evidence needed for litigation.

 following stare decisis and dismissing a case.

 none of the above

 Question 19

5 / 5 pts

Who conducts cross-examination when the defendant is presenting its case?

the defendant because the defendant always does cross-examination

 the plaintiff

 the judge because the burden of proof has shifted

 none of the above

 Question 20

5 / 5 pts

Amanda Reiss was injured at a wedding reception at a private home. Amanda tripped over a piece of rebar that was sticking from the end of one portion of a sidewalk leading to the front door. Amanda’s lawyer believes that the homeowners were aware of the rebar problem and that other guests to the home had tripped over it but not been injured. How can Amanda’s lawyer get the information about the homeowner’s knowledge?

he cannot because they are not required to talk with Amanda’s lawyers

 he can depose the homeowners

 he can depose others who have been guests

 both b and c

Quiz: Chapter 5

Question 1

5 / 5 pts

Karen Bartlett was given a generic version of Sulindac, an anti-inflammatory drug.  The result was that she developed toxic epidermal necrolysis, a disease that disfigured and blinded her.  She brought suit alleging that there were warnings that should have been put on the generic version of the drug because issues with the skin infections were being reported.  However, the manufacturer to Sulindac did not have FDA approval to place the warning on the product.  The jury awarded Ms. Bartlett $21 million, and the generic manufacturer appealed the decision.  Which of the following theories would be the best approach for the generic manufacturer to take in order to have the verdict reversed?

The Commerce Clause

 Preemption

 Due process because of the excessive size of the verdict

 Substantive due process

 Question 2

5 / 5 pts

In which of the following areas of constitutional law is the balancing test used?

state police powers

 Congressional regulation of commerce

 preemption

The balancing test is used in all of the above areas of constitutional law.

 Question 3

5 / 5 pts

The state of Montana, in response to “outsiders” controlling ranch properties, has passed a statute that requires 6 months of residency before an individual can purchase 40 or more acres of land. The statute is:

a legitimate exercise of state powers.

 an unconstitutional burden on interstate commerce.

 constitutional because the statute applies only to intrastate lands.

 constitutional because all buyers must be residents.

Question 4

5 / 5 pts

The rights of land owners in eminent domain are protected by the:

First Amendment.

 Fifth Amendment.

 Fourteenth Amendment.

 Fourth Amendment.

 Question 5

5 / 5 pts

For state regulation of interstate commerce to be constitutional:

the state’s purpose must be to protect the public’s health and safety.

 the state cannot place an undue burden on interstate commerce.

 either a or b

both a and b

 Question 6

5 / 5 pts

The purpose of the Supremacy Clause is to:

resolve conflicts of federal and state law by declaring the federal law supreme.

resolve conflicts of federal and state law by declaring state law supreme.

 allow Congress to preempt all state regulation of interstate commerce.

 none of the above

 Question 7

5 / 5 pts

Congress passed a law prohibiting any organization from spending money on ads against ballot propositions. The legislative history shows that Congress found that organizations spend far too much money on these ads and regular citizens’ voices cannot be heard and disseminated against such powerful communication. The statute:

is an unconstitutional violation of the First Amendment.

 is constitutional so long as the factual findings are adequate.

 is constitutional because there are no money limits, only a prohibition.

 is constitutional if it applies to corporations as well as nonprofits.

 none of the above

 Question 8

5 / 5 pts

State and local governments can exercise eminent domain under the Kelodecision:

only when there is a clear public purpose use proposed for the land being taken.

if there is a plan for economic development or revitalization.

 only if the land will be used by another public entity.

 both a and c

 Question 9

5 / 5 pts

Which of the following is currently the test for determining whether conduct is or is not interstate commerce?

direct and immediate effect test

 affectation doctrine

 regulation of goods and not businesses

 none of the above

 Question 10

5 / 5 pts

The Bellotti doctrine gives corporations:

less First Amendment protections for political speech than individuals have.

the same First Amendment protections for political speech that individuals have.

more First Amendment protections for political speech than individuals have.

no First Amendment protections for political speech than individuals have.

 Question 11

5 / 5 pts

Which of the following qualifies as a presence in a state for purposes of collecting sales tax from an Internet merchant?

having an office in the state

 having an employee who works in the state

 owning or leasing property in the state

 All of the above constitute a qualifying presence.

Question 12

5 / 5 pts

South Dakota is the location for many national banks’ credit card operations. How much income tax could the state of South Dakota collect on the banks that operate their credit card divisions there?

South Dakota could collect tax on the banks’ full income.

South Dakota cannot collect income tax unless the banks are headquartered or incorporated there.

South Dakota cannot collect any income tax from foreign corporations.

 South Dakota can collect income taxes from earnings on the credit card operations.

Question 13

5 / 5 pts

In which of the following areas of constitutional law is the nexus test used?

state police powers

 state regulation of commerce

 state taxation of commerce

 All of the above areas use the nexus test.

 Question 14

5 / 5 pts

Son-of-Sam laws:

deal with political contributions by corporations.

 provide for taxation differences on interstate vs. intrastate commerce. 

prevent perpetrators from profiting from their crimes.

 none of the above

 Question 15

5 / 5 pts

LL Bean has warehouse facilities in Maine, Nevada, Washington, Idaho, Utah, and North Dakota.

Any states in which LL Bean does business can tax the warehouse inventory.

Any states in which LL Bean has warehouses can tax LL Bean on all of its inventory.

Any state in which LL Bean has warehouses can tax LL Bean on the inventory in that state.

none of the above

 Question 16

5 / 5 pts

Where in the U.S. Constitution are the provisions governing a student’s right to a hearing prior to suspension from school?

First Amendment

 Commerce Clause

 Article III

 Article II

 Fifth Amendment

 Question 17

5 / 5 pts

The city of Mesa has developed a street improvement plan that will add lanes to one of the major north/south corridors. Because of the addition of the lanes, businesses along the corridor will lose frontage. However, none of the businesses will be required to move. Which of the following statements is true?

The city need not compensate the businesses since they will still remain intact.

The city must compensate the businesses for taking.

 The city cannot take land for this purpose.

 The city can attach “0” value to the frontage.

Question 18

5 / 5 pts

Corporate political speech:

enjoys full First Amendment protection.

 can be regulated.

 can be prohibited.

 none of the above

Question 19

5 / 5 pts

Which of the following pairs is incorrect?

Article III of the U.S. Constitution – the Courts

The Bill of Rights – First Ten Amendments to the U.S. Constitution

 The Fifth Amendment – due process

 The First Amendment – substantive due process

The Fourteenth Amendment – due process

Question 20

5 / 5 pts

Jamie has been accused of plagiarizing his sociology term paper from an Internet site. His professor has given him a failing grade and there is no right to a hearing or an appeal. Jamie asks, “What rights do I have?”

Some form of due process: hearing or vote or right of appeal to an administrator or board.

No rights because Jamie goes to a private school.

No rights because it is the teacher’s decision only.

none of the above

Quiz: Chapter 6

Question 1

5 / 5 pts

The Federal Register Act is:

not part of the Administrative Procedures Act.

an act that provides for publication of the United States Code.

the same as the Regulatory Flexibility Act.

the act that covers the registration of meetings.

Question 2

5 / 5 pts

The FDA had approved a new diet drug for the market. The agency pulled the approval and the drug off the market because a staff member said, “This drug didn’t work for me.” The manufacturer of the drug could challenge the FDA action:

as arbitrary and capricious.

on the basis of a failure to follow ADA procedures.

lack of substantial evidence.

any of the above

Question 3

5 / 5 pts

Which of the following is not grounds for challenging an administrative regulation?

arbitrary and capricious

lack of substantial evidence

ultra vires

lack of a congressional hearing

Question 4

5 / 5 pts

What is the effect of a consent decree?

The agency’s charges are dismissed with no sanctions.

The party makes no admissions as to conduct.

There is still judicial appeal from a consent decree.

It is no longer available under the Regulatory Flexibility Act.

none of the above

Question 5

5 / 5 pts

A reverse FOIA suit is:

one brought by an administrative agency.

a suit to stop disclosure of information.

not available at the federal level.

a suit brought by an agency against another agency.

Question 6

5 / 5 pts

Which of the following is not an example of an enabling act?

Government in the Sunshine Act

Securities Exchange Act of 1934

Federal Trade Commission Act

Occupational Safety and Health Act

Question 7

5 / 5 pts

Appeals from federal administrative agency decisions go:

to federal district court.

to U.S. Court of Appeals.

directly to the U.S. Supreme Court.

none of the above

Question 8

5 / 5 pts

Choose the answer with the correct order for administrative agency enforcement proceedings.

charges, consent decree, hearing, appeal

charges, information gathering, consent decree, fines

charges, hearing, findings and decision, administrative agency decision, judicial appeal

charges, hearing, findings and decision, judicial appeal

charges, hearing, consent decree, judicial appeal

Question 9

5 / 5 pts

Which of the following is not an exemption from FOIA requests?

investigation records

product safety tests

personnel files

bank reports

Question 10

5 / 5 pts

If a company challenges a penalty imposed by an administrative agency, which of the following is the correct order for its appeal?

ALJ, agency commissioners, judicial challenge

judicial challenge, ALJ, agency commissioners

agency commissioners, ALJ, judicial challenge

None of the above is in the correct order.

Question 11

5 / 5 pts

A consent decree is:

comparable to a not guilty plea.

comparable to a nolo contendere plea.

a guilty plea to agency charges.

not made public.

Question 12

5 / 5 pts

Which of the following meetings would be subject to the open-meeting provisions of the federal Sunshine laws?

a meeting of the staff attorneys of the SEC enforcement division

a meeting of the division heads of the Federal Trade Commission

a meeting of the nine justices of the U.S. Supreme Court

a meeting of three of the five commissioners of the Federal Aviation Administration

Question 13

5 / 5 pts

Congress passed the Nursing Mothers Law in 2010, a law that requires employers to give nursing mothers break time and private space for pumping breast milk for their babies.  On January 3, 2011, the Department of Labor published proposed rules in the Federal Register.

​Where else would the proposed regulations need to be published?

The only requirement is that the regulations be published in the Federal Register.

They must be published in any trade magazine of affected industries.

They must be published in the Congressional Record.

They must be published first in the Code of Federal Regulations.

Question 14

5 / 5 pts

Formal rulemaking differs from informal rulemaking in:

public notice is required for formal rulemaking not informal.

a public comment period is needed for formal rulemaking but not informal.

no modification period exists in formal rulemaking.

none of the above

 Question 15

5 / 5 pts

Which of the following is not part of the Administrative Procedures Act?

Freedom of Information Act

Federal Privacy Act

Government in the Sunshine Act

 Federal Register Act

 Question 16

5 / 5 pts

Congress passed the Nursing Mothers Law in 2010, a law that requires employers to give nursing mothers break time and private space for pumping breast milk for their babies.  On January 3, 2011, the Department of Labor published proposed rules in the Federal Register.

​How can comments be submitted?

By letter

Only by testimony at a public hearing

Only by Congressional testimony

Only through depositions

Question 17

5 / 5 pts

The public comment period:

need not be 30 days if there a formal hearings.

need not be 30 days if the Regulatory Flexibility Act is followed.

need not be 30 days in the case of an emergency.

must always be 30 days.

Question 18

5 / 5 pts

The U.S. Lacey Act prohibits U.S. businesses from importing products from other countries when those products are illegal in that country.  For example, when it was originally passed, U.S. hat manufacturers were importing feathers from countries where the harvesting of those resources was illegal. Based on an investigation, the U.S. federal government believed that Gibson Guitar has imported ebony wood from Madagascar, and the harvesting of ebony wood is prohibited in Madagascar.  The U.S. Fish & Wildlife Service  arrived at Gibson Guitar headquarters and requested access to all of its records. 

​Under federal law, Gibson is:

Not subject to searches and seizures by a federal regulatory agency, only law enforcement officials.

 Required to allow entry or can demand a search warrant and then must allow entry.

Not subject to federal law enforcement because the wood is imported from another country.

Required to allow the search and no warrant is required.

Question 19

5 / 5 pts

The Department of Homeland Security has been given the responsibility for the construction of a fence along the border between the United States and Mexico. The Department has not followed the 30-day comment rule on the composition and location of the proposed fence. The Department:

has not complied with the rulemaking requirements and cannot proceed with the fence.

 can allow as short of a comment time as it wants as long as there is notice.

does not have an enabling statute to allow for a comment period.

does not need to follow comment periods for building a fence.

Question 20

5 / 5 pts

Congress passed the Nursing Mothers Law in 2010, a law that requires employers to give nursing mothers break time and private space for pumping breast milk for their babies.  On January 3, 2011, the Department of Labor published proposed rules in the Federal Register.

​

Who is allowed to submit comments on the proposed rules?

Only employers

Only employers affected by the rules

Only nursing mothers

none of the above