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| How judges apply the law to specific disputes may depend in part on their personal philosophical views. |
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| A state law that conflicts with the U.S. Constitution will be deemed unconstitutional |
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| The U.S. Constitution is the supreme law of the United States |
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| A defendant is a person against whom a lawsuit is brought |
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| A plaintiff is a person against whom a lawsuit is brought |
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| Lying can be a violation of a duty of loyalty that an employer may owe to its employees |
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| Simply obeying the law does not fulfill all ethical obligations |
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| Corporations owe legal duties to their shareholders and their employees |
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| To have standing to sue, a party must have been harmed or have been threatened harm by the action about which he or she complains |
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| The constitution provides for three branches of government |
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| The United States Supreme Court cannot hold acts of Congress unconstitutional |
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Case 4.1 Heart of Atlanta Motel v. U.S.
The United States Supreme Court held that the power of Congress to regulate interstate commerce did not regulate the enactment of legislation that could halt local discriminatory practices. |
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| The First Amendment does not protect symbolic speech |
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| Expression of all kinds is subject to reasonable restrictions |
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| The terms "procedural due process" and "substantive due process" mean the same thing |
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| Issues Concerning Congress's powers may be found in the Constitution under Article 2 |
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| To Understand the role of the President of the United States and His powers one should look under Article II of the Constitution |
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| Mary grabs a plate from Dom, her waiter, and the plate cuts his hand. Is she liable for battery even though she did not touch Dom physically? |
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Definition
Yes
Because the plate is an extension of Dom's hand |
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Case 7.1 Coca Cola Co. v. Koke Co. of America
the United States Supreme Court upheld an injunction prohibiting competing beverage companies from calling their products "Koke." |
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| A "distinctive" or "famous" trademark is protected from unauthorized use even if the user is not in direct competition with the owner of the mark |
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| A fanciful use of ordinary words may be trademarked |
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| In a sole proprietorship, the owner receives all the risk |
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| In a limited partnership, the liability of a general partner is limited to the amount of capital he or she has invested in the partnership |
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| Shareholders can be personally liable for corporate debts if a cour "pierces the corporate veil" |
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| Disparate-impact discrimination occurs when an employer intentionally discriminates against an employee who is a member of a protected class |
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| To bring an action against an employer based on intentional discrimination, a person must show that he or she is a member of a protected class. |
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| An employer can be liable for a Title VII violation by a supervisor |
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| An employer is not liable for a Title VII violation by a non-employee |
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| Damages are available for victims of intentional employment discrimination based on gender |
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| An employer is not required to hire or retain disabled person who poses a direct threat to the health or safety of other employees |
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| Race can be a bona fide occupational qualification |
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| A deceptive advertisement is one that is false or misleading |
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| Package labels must use words that the ordinary marketing executive can ... |
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| A creditor may contact at any time a debtor who has refused to pay a debt. |
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| Under a warranty deed, a seller assures a buyer that the seller has the property in the purported quantity |
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| Adverse possession is a means of obtaining title to property without the delivery of a deed |
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| For a party to take by adverse possession, the party's possession must not be hostile to the true owner's rights |
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| Constructive eviction occurs when a tenant moves off the premises in retaliation against the landlord |
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| A property owner can legally discriminate against prospective tenants on the basis of gender |
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| A property owner can legally discriminate against prospective tenants on the basis of religion |
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| Generally, the law applies contract doctrines to the landlord-tenant relationship |
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| A tenant is not responsible for any damage to leased premises |
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| An employee has the right to complain about work conditions |
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| An employee has the right under the NLRB to communicate with other employees about topics relating to the work place including salaries of employees |
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Defamation of a public figure requires what additional element?
Intent
Malice
Causation
None of the Above |
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Term
"Law" does not
Establish Rights, Duties, and Priveleges
Establish the values of a society
Govern relationships among individuals
Govern relationships between citizens and their governments |
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Definition
| Establish the Values of a Society |
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Term
To Pete, the written law of a particular society at a particular time is most significant. Pete is
A legal positivist
A legal rationalist
A legal realist
A person who adheres to the natural law traditions |
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Term
Jay is a federal judge. Jay's judicial decisions are part of case law. This law includes interpretations of
Administrative regulations only
Constitutional provisions only
Statutes only
Administrative regulations, constitutional provisions, and statutes |
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Definition
| Administrative regulations, constitutional provisions, and statutes |
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Term
A federal statute applies:
Only to matters not covered by state law
Only to those states that adopt all of the statute as written
To all states
To no states |
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Fact Pattern 3-1
Mack and Nancy engage in a business transaction from which a dispute arises. Mack creates a lawsuit against Nancy by filing a complaint. The sheriff serves Nancy with a summons. If Nancy choses to ignore it:
Mack must file an amended complaint
Mack will have a judgment entered in his favor
Nancy must be served with a second summons
Nancy will have a judgment entered in her favor |
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Definition
| Mack will have a judgment entered in his favor. |
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Term
Wisconsin, like other states, may regulate private activities to protect or promote the public order, heath, safety, and general welfare under its:
Police Powers
Taxing Powers
Spending powers
Supreme powers |
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An Arizona State Law will be held to violate the commerce clause if it:
Burdens substantially on interstate commerce
Promotes the public order, health, safety, morals, or general welfare.
Regulates activities within the state's borders
Regulates private activities |
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| Burdens substantially on interstate commerce |
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Term
Eve, an architect, hires Frank, an accountant, to handle her accounts. Dissatisfied with Frank's work, Eve sues him, alleging negligence. Frank may successfully defend against the suit by proving that he:
Did not injure Eve in any way
Does not know every principle of accounting
Performed as well as an ordinary person could have
Performed as well as Eve could have |
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Definition
| Did not injure Eve in any way |
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Term
Beth is injured in a car accident and sues Curt, alleging negligence. Curt claims Beth was driving more carelessly than he was. Comparative negligence may face Beth's recovery:
Even if Beth was only slightly at fault
Only if Beth was as equally at fault as Curt
Only if Beth was less at fault than Curt
Only if Beth was more at fault than Curt |
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Definition
| Even if Beth was only slightly at fault |
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D-Struct Company is a demolition firm. During a D-Struct operation, Earl, a worker nearby, is injured. Under the theory of strict liability, D-Struct is liable:
Only if Earl's injury was reasonable foreseeable
Only if its crew intended to injure Earl
Only if its crew knew of the normal consequences of its actions
Whether or not its crew was at fault |
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Definition
| Whether or not its crew was at fault |
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Term
Kathy causes a disturbance at Diners Cafe. She is arrested and charged with disorderly conduct, a misdemeanor. A misdemeanor is a crime punishable by imprisonment up to:
One Year
Six Months
Ten Years
Thirty Days |
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Steve pushes Ella to the ground, grabbing her purse as she falls. The use of force _______ is required for this act to constitute:
Burglary
forgery
Larceny
Robbery |
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