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C.T. Inc. is an ad agency incorporated in Ohio, with offices in Cleveland. C.T. contracts with the famous Fred, a world-renowned sales-person and Norfolk resident,
- C.T. Inc. is an ad agency incorporated in Ohio, with offices in Cleveland. C.T. contracts with the famous Fred, a world-renowned sales-person and Norfolk resident, for him to perform in an advertisement. The contract is made in Norfolk, and the ad is to be produced there. Fre later refused to go through with the deal, and C.T. sues for $100,000.
Which of the following statements is True?
- There would be a subject matter jurisdiction in a federal or state court sitting in Virginia, but not Ohio, because the contract was made in Virginia.
- There would be jurisdiction over the person in either Ohio or Virginia, because citizenship is diverse.
- Subject matter jurisdiction exists in any federal court, but jurisdiction over the person exists only in Virginia.
- None of the Above.
- Some states have criminal statues on their books that make cohabitation by umarried and unrelated adults a criminal offense, but as a matter of practice, police in those states refuse to arrest, prosecutors will not prosecute, persons discovered in violation of such laws.
Which school of jurisprudence is most concerned with the discrepancies between the shown by written rules such as these on the one hand and actual enforcement of the law "law in action" on the other?
- Legal positivism
- Legal Realism
- Sociological Jurisprudence
- Natural Law
- Read the following situations:
- A radio talk show host is fired by XYZ Radio Network for racist and homophobic statements.
- A baseball club owner is required by the American Baseball League, a private association, to temporarily relinquish her seat on the board of directors for statement endorsing Hitler.
- A basketball player in the National Basketball Association, a private organization is suspended by the NBA for refusing to stand for the national anthem due to his religious beliefs
Based on these situations, which statement best describes how the First Amendment is implicated?
- In each case, unprotected speech was involved, so there are no First Amendment violations
- In each case, a court would use the strict-scrutiny analysis and declare First Amendment rights have been violated
- Because commercial speech was involved, a court would use the intermediate analysis to decide if first amendment rights were violated
- First Amendment rights are not involved in any of these situations.
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