(1) Congress has been monitoring the vigilante activities of Spiderman and Batman. In order to discourage continued law enforcement by private citizens, Congress decided to pass a law where it is unlawful for private citizens to wear costumes in public during the hours of 6:00 pm to 8:00 am. The law is called the "No Spandex in Public Law." Anyone caught violating this law was subject to a penalty of not less than $10,000 per each violation. The law was signed by the then sitting President of the U.S.

After the passage and enactment, Spiderman was caught for wearing his costume in public in violation of the No Spandex in Public Law. Spiderman was not required to pay the $10,000 penalty. What is the likely reason he was not subject to the penalty?

(a) The Supreme Court deemed the amount excessive, so it reduced the amount to $5,000.

(b) The Supreme Court deemed the law unconstitutional as a violation of the First Amendment rights and struck the law so that it no longer has any force and effect.

(c) The Supreme Court had original jurisdiction to determine the law as unconstitutional as a violation of pursuit of happiness clause.

(d) Spiderman likely swung away with his spiderweb, and therefore, could not be served with the complaint to pay the penalty.

(2) Congress was discouraged that the No Spandex in Public Law did not achieve its intended purpose of preventing vigilante activities. Recognizing that Spiderman's and Batman's typical method of apprehending suspected criminals was to restrain them by tying them using web or rope and be left on the streets for law enforcement to discover them, Congress drafted a bill to target that behavior.

Congress decided to pass another law called the "No Public Restraining Law," where it is deemed unlawful for "any non-law enforcement private citizen to restrain anyone, regardless of whether they may be suspected of criminal activities, in public for more than 1 hour." This law was signed by the then sitting President of the U.S. and was immediately enacted.

The Department of Justice (DOJ), the government entity charged with enforcing the No Public Restraining Law, issued regulations that defines "restrain" to mean "(i) by use of a device or chemical with the ability to hinder a person's mobility; or (ii) physically holding a person through physical force as to hinder a person's mobility; or (iii) rendering a person unconscious so as to hinder a person's mobility."

Much later, Batman was chasing Joker through the streets of Gotham. As Joker was about to jump a fence, Batman threw a Bat-Ball (a baseball painted with the iconic Batman symbol) at Joker's head causing him to fall unconscious. Joker was laying on the streets for nearly 6 hours before he regained his consciousness. The government later decided to prosecute Batman for violating the No Public Retraining Law. Which of the following is true?

(a) Restrain cannot mean to render a person unconscious, so the courts are likely to ignore the definition provided by the Department of Justice and not find Batman to violate the No Public Restraining Law.

(b) The law passed by Congress is a Statute and the DOJ is only a regulation, so under the hierarchy of law, Courts are likely to ignore the definition provided by the DOJ.

(c) The definition provided by the DOJ has the force and effect of law, so the courts are likely to apply that definition in finding Batman violated the No Public Restraining Law.

(d) There is no evidence that Joker was committing or committed a crime, so the No Public Restraining Law does not apply.

(3) Whether properly or improperly, the court found that Batman violated the No Public Restraining Law from question 2. In the court's written opinion, it stated that "if Joker was not rendered unconscious by the Bat-Ball, but rather by hitting his head on the concrete ground, then the DOJ's definition of restrain would not apply."

Later, Spiderman was chasing after the Green Goblin. As the Green Goblin was flying in the air on his glider, he threw a pumpkin bomb at Spiderman, which he caught with his spiderweb and threw it back at Green Goblin causing him to trip and fall to the ground and hit his head. Green Goblin

was rendered unconscious for 3 hours in the streets of New York City before he was apprehended by the police.

Despite Spiderman's heroic actions, he was sued for violating the No Public Restraining Law. Which of the following is most likely accurate?

(a) The court assigned to Spiderman's case (not the same one that reviewed Batman's case) is not required to apply the court's written opinion regarding hitting the head on concrete ground because it was dicta.

(b) The court assigned to Spiderman's case (not the same one that reviewed Batman's case) is not required to apply the court's written opinion because it is only required to adhere to opinions by the Supreme Court.

(c) The court assigned to Spiderman's case (not the same one that reviewed Batman's case) has the power and authority to reverse the opinion in the Batman's case regarding hitting the head on concrete ground.

(d) The court assigned to Spiderman's case (not the same one that reviewed Batman's case) is bound by the opinion of any and all courts that has previously reviewed a case regarding No Public Restraining Law.

(4) When is it appropriate to file a case with the Courts of Appeal?

(a) When it relates to civil actions

(b) When it relates to criminal actions

(c) When it relates to any matter dealing with intellectual property

(d) Never

(5) The Supreme Court had on numerous occasions upheld the constitutionality of the No Public Restraining Law. Later, in a case called U.S. versus Spiderman, Spiderman restrained Dr. Strange from completing a magical spell that would have caused a dimensional rift into the fabric of time and space causing what would likely have been a multiverse of madness. Because Spiderman physically restrained Dr. Strange for over an hour, during which time the Illuminati (a secret organization comprising other superheroes) convinced Dr. Strange to abandon his spell, Spiderman was found to have violated the No Public Restraining Law. The issue of its constitutionality once again came before the Supreme Court.

What options does the Supreme Court have to declare the law unconstitutional if it has on numerous other occasions held it to be constitutional?

(a) The Supreme Court is bound by its previous decisions and cannot hold the law unconstitutional.

(b) The Supreme Court is not bound by its previous decisions and can hold the law as unconstitutional.

(c) The interpretation of the Constitution can only be modified through an act of Congress.

(d) The Supreme Court must consult with the President for his opinion on the constitutionality before rendering any decision on the law's constitutionality.

(6) Spiderman lives and is a resident of New York, but he has a summer home in Florida. After spending all his money on defending himself against the No Public Restraining Law, he realized that he needs to start a business to earn an income. He decides to sell his web-slinging device so that others can travel around the city quickly. As a sole proprietor, he opens a store front in New York

called "Swing R Us" and sells his device to anyone who visits. The business is so popular, people from other states comes to New York including Bruce Banner, who resides in Pennsylvania, and Tony Stark, who resides in Maryland. Both Bruce and Tony are injured while using the web-slinging device and decide to sue Spiderman.

Where can Bruce and Tony sue Spiderman?

(a) Bruce and Tony can sue in New York only.

(b) Bruce and Tony can sue in New York and Florida only.

(c) Bruce and Tony can sue anywhere the device was manufactured and used.

(d) Bruce can sue in New York and Pennsylvania and Tony can sue in New York and Maryland.

(7) Continuing from question 6, Bruce Banner decides to sue Spiderman in New York. Due to statute of limitations, Bruce must file his complaint against Spiderman on or before February 1, 2022. Bruce prepares a complaint and files it with the district court on February 1, 2022. However, Spiderman proves to be elusive as he spends all his time swinging around New York city. Bruce hires Green Goblin, who is now a process server, to find and properly serve Spiderman, which he does on February 15, 2022.

Which of the following is true regarding this case?

(a) Because the complaint was not served before February 1, 2022, the case will be barred under the statute of limitations.

(b) Because the complaint was filed before February 1, 2022 and served on Spiderman on February 15, 2022, the case will not be barred under the statute of limitations.

(c) Because the complaint was served by Green Goblin, as opposed by Bruce Banner himself, the service of process was defective, and the case cannot commence.

(d) Because Bruce Banner did not file the complaint in Pennsylvania, where he resides, the complaint is defective, and the case cannot commence.

(8) Assuming that the statute of limitation did not apply, in the complaint against Spiderman, Bruce alleges the following facts:

1. Spiderman resides in New York.

2. Spiderman is a sole proprietor who sells web-slinging device.

3. I, Bruce Banner, used a web-slinging device to try to travel through the streets in Pittsburg, Pennsylvania.

4. The web from the web-slinging device broke during my use causing me to be injured.

Which of the following are proper answers to the complaint by Spiderman. For ease the selection, "I Don't Know" means "Defendant is without knowledge sufficient to form a belief as to the truth of the allegations contained in corresponding Paragraph of the Complaint and accordingly deny these allegations."

(a) Admit, Admit, Admit, Admit

(b) Deny, Deny, Deny, Deny

(c) Admit, Admit, Deny, Deny

(d) Admit, Admit, I Don't Know, I Don't Know

(9) In the lawsuit of Bruce Banner v. Spiderman, Spiderman believes that Bruce purchased a counterfeit web-slinging device from Dr. Octopus. Dr. Octopus has been attempting to capitalize on Spiderman's business success and opened a store in New York selling, along with fake octopus arms, a similar but cheaply made web-slinging device. For Spiderman to properly defend himself, he wants to gather evidence.

Which of the following methods of gathering evidence is not available to Spiderman?

(a) Spiderman can depose Dr. Octopus as to whether he sold the device to Bruce Banner.

(b) Spiderman can depose Bruce Banner as to where he purchased the device.

(c) Spiderman can seek answers by serving Bruce Banner with a set of interrogatories and requests for documents.

(d) Spiderman can seek answers by serving Dr. Octopus with a set of interrogatories and requests for documents.

(10) During trial, the case is going very well for Bruce Banner and very poorly for Spiderman. Bruce has brought credible evidence that he purchased the device from Spiderman, Spiderman had a duty to sell a product that is safe, and Bruce was injured due to Spiderman's action of failing to conduct proper product safety tests on all his devices sold to consumers. All the elements necessary for a victory is established, but Bruce does not want the case to be decided by a jury because Spiderman is so well loved by the public.

What options does Spiderman have to get a favorable ruling from the judge without the jury deciding?

(a) Motion for directed verdict

(b) Motion to default judgment

(c) Motion for settlement

(d) None

(11) The trial concluded, and Bruce won a resounding victory. The jury found that Spiderman was liable and owes Bruce $1 million. Spiderman is poor and asks to settle the case with Bruce for the amount of $1,000. Due to their history together of saving the world from Thanos and suspecting that Spiderman could not pay the full $1 million, Bruce agrees.

Which of the following statements is true?

(a) Bruce can accept $1,000 and later sue for the additional amount because the deal lacked consideration.

(b) Bruce is obligated to accept the full $1 million because that is the decision from the jury.

(c) Bruce can settle the case for $1,000 and the deal is binding.

(d) Bruce must file a motion with the court to settle with Spiderman for an amount less than the jury verdict.

(12) In order for a person to file a lawsuit, that person must have "standing." Which of the followings is

not a standing requirement?

(a) Defendant must be the proper party.

(b) Plaintiff must be the proper party.

(c) Plaintiff must have personal interest in the outcome.

(d) Plaintiff will benefit from a favorable ruling.