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D Question 2 2 pts The location of the court where an issue will be heard, i.e. where the trial is held is which of the following: Subject matter jurisdiction In personam jurisdiction O Venue In rem jurisdiction D Question 3 2 pts What was the court's ruling in the Miss Universe v. Monnin case? The arbitrator's award should be vacated because the arbitrator exceeded his authority. The arbitrator's award should be vacated because Monnin did not receive sufficient notice. The arbitrator's award should be vacated because it was a manifest disregard for the law. O None of the answers are correct. Question 9 2 pts Why did the Supreme Court hold in U.S. v. Lopez case that the federal Gun-Free School Zones Act was unconstitutional? The possession of a gun in a local school zone was not an economic activity that might have a substantial effect on interstate commerce. The statute was poorly written. The law was a criminal statute that had nothing to do with "commerce" or any sort of economic activity. OTwo of the answers are correct. Question 10 2 pts Mark is a landlord and nudy leases an anartment from Question 12 2 pts Which of the four categories is NOT considered when determining if in personam (personal) jurisdiction exists? O Presence O Consent O Waiver Minimum contacts Domicile/place of business D Question 13 2 pts Federal courts, as opposed to state courts, can only hear certain cases because they have limited subject matter jurisdiction. Which of the following is NOT a type of case that could be heard in federal court? O A case involving the federal Antitrust Act A breach of contract action with $100,000 in damages where the plaintiff resides in Illinois and defendant resides in Illinois O A case where the United States is a party O A negligence action with $80,000 in amages where the plaintiff resides in Illinois and the defendant resides in lowa Question 14 2 pts What are the two types of jurisdiction that the court must have in every case? Exclusive and Concurrent In personam and Exclusive Subject matter and Concurrent In personam and Subject Matter D Question 15 2 pts John, a Florida resident, wants to file a lawsuit against Sue who lives in Maine. The dispute is about a contract to publish a book with commissions exceeding $100,000. When John files the lawsuit, in which stage of the trial process does this occur? Pleading Enforcement O Trial O Discovery Question 16 2 pts Article VI of the Constitution provides that when a state law directly conflicts with a federal law, the state law is invalid. What is the name of this clause? The Equal Protection Clause The Supremacy Clause The Due Process Clause The Commerce Clause D Question 17 2 pts What was the issue in the Hagan v. Field case? Was the amount in dispute over $75,000 in order to have diversity of citizenship? Did the Hagans, who were residents of the State of Colorado, have sufficient minimum contacts with Texas to support the Texas court having jurisdiction over them? Whether the Plaintiff, Field, was actually a resident of Texas? o Whether there was an existing contract between the parties for breeding cats? Question 18 2 pts In which case did the court determine that the rules for the arbitration of the dispute were inherently one-sided and urkair to one of the parties? Miss Universe v. Monnin Hagan v. Field Hooters v. Phillips U.S. v. Lopez D Question 19 2 pts What is the oldest form of ADR (alternative dispute resolution) that can appear in clauses of contracts that you sign? Mediation Peer Review Arbitration Mini-trial D Question 20 2 pts D Question 20 2 pts The unwritten rules we have developed for our interactions with each other describes which of the following terms from the textbook? Ideas Social norms Traditions Ethics D Question 21 2 pts Which of the following is correct if a case is remanded by an appellate court? The case is affirmed. The case is reversed. The case must be appealed. The case is sent back for additional proceedings at the trial court. Question 22 2 pts Andy previously worked at Tesla. He left Tesla to work at Rivian, a competitior of Tesla. Andy taking Tesla's research and design to Rivian would be an example of which category of ethical dilemmas? Perpetuating interpersonal abuse Hiding or divulging information Committing acts of personal decadence Saying things you know are not true D Question 23 2 pts In the Interstate Outdoor Advertising v. Zoning Board case, which of the following was NOT one of the reasons the Court found the local ordinance banning all billboards to be constitutional? The ordinance was applied in a content neutral fashion to all billboards. The ordinance was not overly extensive. The ordinance had been approved by a majority of the Township's zoning commission. The Township had a substantial interest in both the aesthetics and safety of its highways. D Question 25 2 pts Il FI 5 R A hotel's scrambling or blocking its guests' access to the guests' own hot spots or Wi-Fi services so that the guests are forced to pay for access to the hotel's Wi-Fi, which is an extra and expensive fee, is an example of what category of ethical dilemmas? Taking unfair advantage Balancing ethical dilemmas Committing acts of personal decadence Condoning unethical actions Question 26 2 pts John, a Florida resident, wants to file a lawsuit against Sue who lives in Maine. The dispute is about a contract to publish a book with commissions exceeding $100,000. What is the name of the document that states allegations to commence the lawsuit? O Answer Pleading O Summons O Complaint Update: D Question 30 2 pts What is NOT one of the requirements for a valid state tax? Tax cannot discriminate against interstate commerce Tax cannot be an undue burden on interstate commerce There must be a "sufficient nexus" between the state and the business being taxed The tax must bring in a significant amount of money for the state The tax must be apportioned fairly D Question 31 2 pts What is the protection that prevents lawyers' disclosure of confidential communications between the clients and their lawyers? O Work product doctrine Attorney-client privilege Secrecy O Subject matter jurisdiction Question 32 2 pts What was the court's holding in the Soldano v. Daniels case, which we discussed at length in class? The request to the employee to either call the police or allow the plaintiff to use the Circle Inn phone to call the police was overly burdensome to the business. The bartender did not create a peril and therefore did not have a duty to take affirmative action to assist the imperiled person. The bartender at Happy Jack's owed a duty to the man who died to allow a good Samaritan to use the business phone to call police or to call police himself. The telephone at Happy Jack's was in a private office and not available for public use. Question 33 2 pts Question 36 2 pts John, a Florida resident, wants to file a lawsuit against Sue who lives in Maine. The dispute is about a contract to publish a book with commissions exceeding $100,000. Assume the federal district court has subject matter jurisdiction over the case. What would be the basis for this? Federal question O U.S. is a party Diversity of citizenship In-state plaintiff Question 37 2 pts What is the form of ADR (alternative dispute resolution) D Question 39 2 pts The best example of judicial review would be: O A jury trial O A court looking at the constitutionality of an act or statute o Congress enacting a law A constitutional amendment D Question 40 2 pts A salesperson telling a potential customer that a product carries a "money-back guarantee" when the salesperson knows that only an exchange is possible is an example of which category of ethical dilemmas? Saying things you know are not true O Condoning unethical actions O Perpetuating interpersonal abuse O Permitting organizational abuse Question 47 2 pts What was the primary reason the Supreme Court found portions of the Lanham Act unconstitutional in the Matal V. Tam and lancu v. Brunetti cases? The Lanham Act provisions at issue did not offer enough protection to trademarks The Lanham Act provisions at issue were viewpoint based and violated the First Amendment. The Lanham Act provisions at issue violated the equal protection clause. The Lanham Act provisions at issue were not related to commerce. D Question 48 2 pts Laws passed by a state's legislature are called: State administrative rules Cases State codes O Ordinances O Opinions Question 49 2 pts 5 The example of Coca-Cola funding a physician researcher who concluded that the major influence in childhood obesity was lack of exercise, not enough sleep, and too much television, as opposed to soft drinks, is an example of which category of ethical dilemma? Saying things that you know are not true Buying influence or engaging in conflicts of interest Committing acts of personal decadence Permitting organizational abuse Question 50 2 pts In what type of case is the complaint filed by a group of plaintiffs who have the same cause of action against one defendant Class action suit Personal injury suit Breach of contract suit Civil rights suit