Question 1

States will typically regulate the foreign commerce impacting its state.

true

false

Question 2

Profit maximization is not a viable ethical theory.

true

false

Question 3

The USA Patriot Act arguably erodes which amendment?

First Amendment

Second Amendment

Fourth Amendment

Sixth Amendment

Question 4

If the US Congress enacted a federal statute that prohibited the sale of automatic weapons, and Idaho passes a state law that conflicts with the federal law, Idaho's law is said to be:

Void-for-vagueness

Prevailing

Expressly preempted

Impliedly preempted

Question 5

What happens when an appellate court remands a case?

Summary judgment in favor of the plaintiff is awarded.

Summary judgment in favor of the defendant is awarded.

A new trial will be commenced between the parties.

The case is forwarded to a higher court (Supreme Court).

Question 6

A corporate officer who does not have actual knowledge of the wrongdoing, will never be found liable for the crime committed by other members of the corporation.

true

false

Question 7

Derek and Steve go to the bar after work. Steve agrees to drink only water and be the designated driver. As the night progresses, Derek watches Steve have a few cocktails, and soon they are both taking shots and have done a couple lines of cocaine in the bathroom. Steve, being a man of his word, agreed to drive Derek home at the end of the night. Shockingly, Steve crashes into the nearest lightpost, which falls on the passenger side of the vehicle, severing Dereks leg off. Is Derek likely to be successful if he brings a tort case against Steve?

Yes, Steve's choice to drive the vehicle in that state makes him liable for any negative outcome.

No, Derek knew that Steve was incredibly intoxicated and assumed the risk of a negative outcome by voluntarily riding with Steve.

Question 8

Corporations have the power to influence legislation.

true

false

Question 9

Arnold, an Idaho resident, purchased a car online from Erik in Georgia. Arnold contracts a shipping company to pick up the vehicle from Erik in Georgia and ship it to Idaho. Once received, Arnold rescinds payment but keeps the vehicle. Erik files suit at his local courthouse in Georgia. Arnold argues that the Georgia court does not have personal jurisdiction and cannot hear the case. What is the likely outcome?

Arnold has sufficient contact with Georgia, thus the court has personal jurisdiction.

The Court has jurisdiction through federal question.

Arnold does not have sufficient contact, thus Erik would need to travel to Idaho in order to file suit.

Question 10

Courts will typically substitute their judgment for that of an administrative agency if they believe the agency's rule is unwise.

true

false

Question 11

Criminal intent is referred to as:

mens rea

actus reas

social condemnation

felonious design

Question 12

What copyright infringement theory has been effectively used against peer to peer file sharing software used to download copyrighted works?

vicarious

direct

indirect

contributory

Question 13

The burden of proof in a tort case is the same as a criminal case.

true

false

Question 14

The United States has based its patent laws on the "first-to-file" system.

true

false

Question 15

Evidence gained as part of an unreasonable search and seizure is admitted only when necessary to prove the government's case.

true

false

Question 16

What is the term for a group who must reach an agreement on an acceptable level of risk frequently decide on a level of risk higher than they would choose as individuals.

Groupthink

Social malingering

Herd behavior

Risky shift

Question 17

A copyright must be registered appropriately in order to have protection.

true

false

Question 18

Civil law arises when courts are called upon to resolve disputes for which there is no statute or other source of law to establish rules.

True

False

Question 19

Mens rea requirements were enacted to punish both purposeful and unintentional wrongdoers in a similar manner.

true

false

Question 20

The Equal Protection Clause requires:

the government to treat all cases alike

states not to distriminate against persons only on the basis of speech

states not to discriminate only on the basis of nationality

the government to uphold restrictions on property

Question 21

What doctrine says that a court should follow the rulings of prior cases that have similar facts?

Ex post facto

Legal positivism

Legal realism

Stare decisis

Question 22

A government action that is procedurally fair will always be considered constitutional.

true

false

Question 23

Harold's favorite band is Nickelback. He is excited to hear they will be playing at a local venue and immediately buys tickets. Harold goes to the concert and afterward notices a ringing in his ear. Several months later the ringing is still present, and a doctor informs him he has permanent hearing loss due to the concert. Harold wants to sue Nickelback for the damage to his ear, is he likely to be successful?

Yes

No

Question 24

The right to confront an accuser is guaranteed as part of the 5th Amendment Miranda warning.

true

false

Question 25

Corporations may sometimes consciously break the law if the benefits gained will outweigh the risks or penalties of the crime.

true

false

Question 26

Jim lives in Moscow and is an Idaho resident. On a business trip to Pullman, Washingtion, Jim accidentally runs over Pam who is walking through an intersection near WSU. Pam files suit against Jim in the Pullman Court System (Whitman County, WA). Jim makes the argument that Washington does not have personal jurisdiction over him, and thus cannot hear the case. What is the likely outcome of Jim's argument?

Washington Court has personal jurisdiction to hear the suit, and the case will continue.

Washington Court does not have personal jurisdiction, and the case will be dismissed.

Question 27

In the United States, all states follow the same legal system.

True

False

Question 28

Ellis, a prominent inventor, owns several patents. Ellis enters an agreement with James, allowing James to sell one of Ellis' patented products. In this situation, Ellis is known as the _____.

warrantor

protector

licensor

guarantor

Question 29

Critics of capitalism and Corporate America increasingly argue that corporations should follow socially responsible standards higher than that imposed by law.

true

false

Question 30

To be guilty of an intentional tort, a defendant must have purposefully breached a statute.

true

false

Question 31

Laws must be predictable and adapt to changing conditions.

True

False

Question 32

Common law arises when:

Courts are called upon to resolve disputes for which there is no other source of law establishing a rule.

Constitutional statutes are found to interfere with the freedom of expression.

There are statutes and other sources of law establishing a particular rule and the courts decide to improvise this existing statutory law.

The government wishes to encourage certain kinds of investments.

Question 33

Private law is not binding.

true

false

Question 34

The right to confront your accuser is an example of:

Civil Law

Criminal Law

Substantive Law

Procedural Law

Question 35

Sam was walking through downtown Moscow when he noticed Albert, who had stolen his computer last semester. Sam threw a rock on the top of a roof, which caused the snow and ice on the roof to fall on top of Albert. Albert is severely injured. In order for Sam to be guilty of an intentional tort, Albert must prove:

Intent; harm to person/property; AND violation of a statute

Intent; AND violation of a statute

Intent; AND harm to person/property

Violation of a statute; AND harm to person/property

Question 36

Ex post facto laws are generally valid.

true

false

Question 37

Emillio is mad at his roommate Eric because he is a slob and smells terribly. In a fit of rage, Emillio tries to hit Eric on the head but misses. At the time Eric had his back turned and is unaware that Emillio had tried to hit him. Under these circumstances, ______.

Emillio is liable for a battery

Emillio is liable for an assault

Emillio is not liable for assault or battery

Emillio is liable for both assault and battery

Question 38

Under utilitarianism, the morality of an action is determined through use of the categorical imperative.

true

false

Question 39

Determining whether a defendant is the proximate cause of a plaintiff's injury requires a but-for analysis.

true

false

Question 40

A trademark owner must use the trademark in order to retain legal protection.

true

false

Question 41

Actual damages are also known as:

punitive damages

nominal damages

statutory damages

compensatory damages

Question 42

Negligence per se typically satisfies the duty requirement in a negligence case through:

Defendant failing the reasonable person standard

Res Ipsa Loquitur

Defendant violating a statute

A close relationship between defendant and plaintiff

Question 43

Which class of person receives the highest defamation protection?

public figure

public official

private citizen

Question 44

What is the first step in starting a lawsuit?

Affirmative defense

Summons

Complaint

Allegation

Question 45

A service mark is typically considered a trade secret.

true

false

Question 46

The Sarbanes-Oxley Act:

adopts the theory of allocational efficiency

gives corporations greater freedom from governmental control

increases the penalty for illegal behavior

motivates executives to inflate reports of corporate profits

Question 47

A white collar crime is:

any nonviolent crime

any crime committed by a business person or organization

a nonviolent crime committed by a business person or organization

a nonviolent crime committed by any person belonging to a lower social class

Question 48

What requires the government to pay just compensation when taking personal property for public use?

Dormant Commerce Clause

Supremacy Clause

Right to Privacy

Takings Clause

Question 49

An intervening force must be foreseeable in order to excuse the defendant from liability of his negligent act.

true

false

Question 50

Res ipsa loquitur shifts the burden to the defendant to prove his/her actions were not negligent.

true

false