BLAW EXAM 1 STUDY GUIDE
BLAW EXAM 1 STUDY GUIDE BLAW 2013
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This 24 page Study Guide was uploaded by Winston on Monday September 12, 2016. The Study Guide belongs to BLAW 2013 at University of Arkansas taught by Norwood in Fall 2016. Since its upload, it has received 214 views. For similar materials see Business Law in Business Law at University of Arkansas.
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Date Created: 09/12/16
Business Law Exam One Study Guide Key: Pg. 2 – Notes from the first four weeks of class 2 – week 1 & week 2 8 – week 3 13 – week 4 Pg. 17 – Practice 17 – practice test 23 – answers Notes from the first four weeks of class: Week 1 & Week 2 1. Common law a. Law of England i. All states except Louisiana use common law ii. Louisiana is Civil Law (Europe) b. Based upon prior decisions by judges i. Precedents ii. Law evolves iii. NOT based on set rules - based on decisions by judges 2. Civil Law a. Based on code i. NOT legal precedents b. Civil law used in about 150 countries i. Most prominent example: The Napoleonic Code (1804) 3. Sharia Law a. Religious based i. Judges are religious leaders b. Popular in Middle-East 4. Criminal Law a. Citizen vs State (government) b. The “burden of proof” in a criminal case (criminal law) must be “beyond a reasonable doubt” 5. Civil Law a. Citizen vs Citizen b. Can sue for damages (monetary) i. No jail c. Civil Case requires “by a preponderance of the evidence” (very little) 6. Double Jeopardy a. Cannot be charged (tried) for the same crime twice i. Can be charged by another sovereignty ii. Someone who is found ‘not guilty’ in criminal court CAN be sued in civil court 1. Ex: OJ Simpson 7. Constitutional Law a. State b. Federal c. The constitution doesn’t apply unless there is “state action” i. No right to free speech in private sector 8. Statutory Law a. Federal (Congress) i. U.S. Code (find online if want actual code) b. State (State Legislatures) i. Ark. Code Ann., Sec. 4-4-403 9. Administrative Law a. Subservient to statutory law 10.Executive Orders a. They are considered law i. Congress won’t overrule executive orders because he will veto and then they need ⅔ of the vote in BOTH The House and The Senate 11.Case Law “Common Law” a. Case rulings become legal precedents i. Out of court settlements are NOT legal precedents ii. Trial court opinions have VERY LITTLE (if any) legal precedents and are in the national reporter system and ARE law iii. Trial court judges in one state are NOT required to follow precedents of trial court judges in other states iv. On matters of federal law a trial court judge is going to look at the ruling of the supreme court > if none then they will look at a ruling by a judge in their own state 1. Arkansas is in the 8th federal circuit > St. Louis is where the 8th circuit federal court is > Arkansas judge would look to the 8th circuit for a prior ruling > if none then they can look at other circuits, but they are only required to follow rulings by the 8th circuit and the supreme court v. On matters of state law, the state courts are SUPREME 1. Example > State v. Brown, Arkansas Supreme Court, 156 S.W.3d 722, March 25, 2004 a. To look up i. Libinfo.uark.edu 1. LexisNexis Academic a. Enter case number b. 155 S.W.3d 722 i. Pulls up case b. DEA pulls up on guy’s house, tells him they need permission to search his house, he signs i. Do they need to tell him he has the right to say no? 1. Supreme court ruling = yes 2. State of Arkansas rules = no a. Cite state law b. A precedent CAN be overturned 1. Example: Brown v. Board ii. “Stare of decisis does not demand that we follow law that shipwrecked justice” 12.Civil courts have an “open door” policy a. No initial screening process i. Anyone can file a lawsuit ii. Leads to “frivolous lawsuits” 1. No foundation b. A trial judge CAN throw out a case c. 90%-95% of lawsuits are settled i. Settling is a normal process d. In a civil lawsuit, each side has a right to know the witnesses and evidence that the other side will be presenting e. Discovery i. Plaintiffs’ lawyer has a right to know of evidence and witnesses that will be presented, they can obtain this information from the defendant, the defendant can also do the same f. Deposition i. Each side may interrogate potential witnesses ii. Both lawyers and court reporter are there 1. Considered under oath iii. Taken PRIOR to trial iv. The witnesses that gave a deposition can be called upon at the trial 1. Have to justify in front of jury v. Fresh evidence - cases take a long time to get to trial, might forget g. Compensatory damages i. What jury awards to make the victim whole and compensate the victim 1. Lost wages 2. Pain and suffering h. Comparative negligence i. Might be partially the plaintiff's fault i. Punitive damages i. May in certain cases be awarded by the jury in cases where the jury feels the defendant is extremely negligent j. Tort reform i. Associated with efforts in some state to reduce the number of frivolous lawsuits k. Judgement notwithstanding the verdict i. In a civil case the trial court judge can modify the jury's verdict 1. Reducing 2.7M to 640k 13.Adversary system a. Civil and criminal cases i. Civil 1. Lawyers not allowed to argue points of law which are incorrect 2. Payment a. Defendant - hourly b. Plaintiff - contingency i. No win = no fee (30%+ is not uncommon) c. Some countries do not recognize this payment system i. Reduces dumb suits d. “Loser pays” rule i. Plaintiff loses = they pay for defendant legal fees ii. This is rule in Arkansas ONLY for breach of contract suits e. “Rule 11” i. Judge can charge plaintiff for dumb suit 14.Role of the Jury a. Jury is possible upon request, not required b. Rules on matters of fact c. Rules on the matters of law d. Don’t make a decision based on sympathy or anything besides the evidence presented in court 15.Classification of courts a. Trial courts and appellate courts i. Trial courts 1. Original jurisdiction a. judge, witnesses, jury (if requested) ii. Appellate courts 1. Reviews what trial court (original jurisdiction) did a. Between 3 and 9 judges b. No witnesses c. No jury d. No new evidence 16.How are judges chosen? a. State judges i. Elected ii. Appointed b. Missouri plan i. Appointed 1. Serve for a little while a. Retained by vote i. No opponent in race 1. Needs majority of votes or kicked out of office c. Federal i. Appointed by president 1. Confirmed by senate a. Serve for as long as willing and able i. Can be thrown out if not showing “good behavior” 1. *breaking the law 17.Jurisdiction over the person a. Defendant is a resident of the state in question i. If a non-resident, then “long arm statute” might give jurisdiction 1. Examples a. Doing business in a state b. Being served while in a state c. The U.S. constitution requires “limited contact” b. You cannot sue a business in your state unless they have a physical location in your state i. Many businesses have a “Forum Selection Clause” in the agreement you check that says you will go to them if you want to sue and won’t bring them to you 18.Jurisdiction over the subject matter a. Federal or state court i. The structure of federal courts 1. District Courts 2. Court of Appeals 3. U.S. Supreme Court ii. The structure of state courts 1. The Arkansas Supreme Court a. Seven (7) judges i. Elected 1. Current Chief Justice was NOT elected a. Old one died, current is a stand in ii. All fairly new 1. Oldest was elected in 2006 iii. Some (3 or 4) either attended or currently teach at the University of Arkansas 19.Federal courts and jurisdictions over “subject matter” a. Limited by both constitutional and statutory b. Exclusive i. U.S. is a party ii. Bankruptcy iii. Copyrights iv. Patents c. Concurrent i. Federal question ii. Diversity (if ALL on one side are from different state than other side) and more than $75,000 is in question 1. Then it can go to federal court a. If either party wants that 2. In a diversity case federal judges apply state law iii. Usually federal judges will apply state law for the state in which the incident occurred 20.Pretrial Court Procedures (p. 46-53) a. Complaint b. Service of process c. Answer i. Counterclaim and cross complaint 1. Defendant says “I didn't do that” a. It starts poppin off d. Discovery i. Gather evidence 1. Depositions, files, facts, evidence, etc.. 21.Trial procedures a. The jury i. Not always 12 ii. Does not always require a unanimous vote for a verdict b. Jury selection and “Voir dire” i. Definition - Voir dire 1. To see and to say ii. Challenges for cause and peremptory challenges iii. 12 people considered “first wave” are drawn and sat in box 1. Asked many questions a. After questions are asked the lawyers can question specific potential juror b. Some will be dismissed i. Either for cause or peremptory 1. Lawyers can dismiss as many as they want 2. Lawyer says “juror 1 is dismissed with the thanks of the court” a. Judge can undo the lawyer’s dismissal if they feel it illegitimate 3. Cause = legitimate cause for not wanting them 4. Peremptory = doesn’t have to have a reason a. Amount allowed varies i. Supreme court ruled can’t be because of race ii. Then gender iii. 9th circuit recently ruled that it can NOT be because of sexual orientation iv. No one else has to follow this yet c. Once the jury is selected i. Opening statements - NOT EVIDENCE 1. Testimony a. Direct vs. cross examination b. Hearsay c. Criminal cases i. Prior convictions generally not admissible d. Jury must make their decision based SOLELY on the evidence instructions 22.How does the trial judge exercise control over the jury? a. Summary judgement b. Directed verdict i. Overwhelmingly evident that one will win ii. Tells jury they don’t have to rule 23.The Appeal - civil cases a. Notice of appeal filed with the trial court i. Court will hear the case within 1 to 2 years b. Brief filed by lawyers i. Summary c. Oral argument i. Judges listen to lawyers d. NO NEW EVIDENCE IS CONSIDERED e. Action i. Affirm ii. Reverse iii. Remand 1. New trial iv. Modify 24.Class Action Lawsuit a. Many people similarly situated i. Interest of efficiency 25.Collection of judgement a. “Non-exempt” assets can be seized b. Garnishment of debtor's wages c. You can go to jail for not paying alimony or child support 26.Alternative DR a. Mediation i. Neutral third party 1. Cannot rule in a binding way 2. Helps parties settle dispute 3. Many judges require this before they will hear the case b. Arbitration i. Neutral third party ii. BINDING iii. Ways it is agreed to 1. After the dispute arises 2. In the contract a. Many, many contracts have arbitration clauses Week 3 1. Esto Perpetua a. Let it be perpetual 2. Constitutional convention a. 1787 b. Philadelphia c. George Washington i. Presiding 3. Principle of federalism a. State government and Federal government i. Separate entities b. Relates to the balance of the newly created Federal Government and the States c. Separation of powers i. Three (3) branches of government 1. Legislative a. Makes laws 2. Executive a. Enforces laws 3. Judicial a. Rules on laws (constitution) i. Judicial review 1. Marbury v. Madison established the power of judicial review a. Has to be a case presented b. Judicial review i. Studying constitutional law cannot be limited to the language of the document ii. The Constitution and “stare decisis” 1. Supreme Court ruling controls (but can be overturned by a later case) iii. Federal Circuit Courts of Appeal can also rule on the constitution IF the Supreme Court has not issued an opinion 1. Federal Trial Court Judges look to their Federal Circuit Court for decision a. If their Circuit has not spoken, then they can look at other circuits or make their own decision c. Supreme Court Judges i. Currently have 9 seats BUT only 8 justices 1. President has nominated a new justice BUT Congress has not held a vote to confirmed 4. Article I (one) a. Establishes the legislative branch i. Senate and House of Representatives 1. Compromise proposed by Connecticut a. Big states wanted representation based on population b. Small states wanted equal representation 2. House of Representatives a. 2 year terms b. 25+ years old 3. Senate a. Senators originally chosen by state legislatures i. People would vote for House of Representatives b. 30+ years old ii. Congress will be able to: 1. Lay and collect taxes 2. Establish uniform laws a. On subject of bankruptcy 3. Coin money 4. Establish laws over intellectual properties 5. Declare war 6. Raise and support armies 7. Raise and support a navy b. Commerce Clause i. Gibbons v. Ogden (1824) 1. Interstate commerce CAN affect other states ii. Wickard v. Filburn (1942) 1. Wheat sales in one state (interstate) CAN be regulated by federal government because they affect wheat sales in other states iii. Heart of Atlanta Motel (1946) 1. Civil Rights Law relating to use of public facilities (motels) as it affects interstate commerce a. People moving from state is interstate i. They must be able to find a place to stay iv. U.S. v. Lopez (1955) 1. Having guns at school a. Supreme Court ruled that Congress couldn’t regulate that because schools are run by the State (not interstate) v. U.S. v. Morrison (2000) 1. Invalidated the “violence against women” act. a. NO INTERSTATE COMMERCE vi. Medical marijuana case (p. 86) 1. Federal government CAN regulate if they want a. Executive has some freedom in how they choose to “enforce” the law vii. Family Winemakers case (p. 87) 1. More difficult for outside states to sell wine in Massachusetts viii. Affordable Healthcare Act case (2012) 1. Mandated purchase of insurance was NOT authorized by the commerce clause 5. Article II (two) a. Establishes the executive branch i. We do NOT elect the president (even today) 1. Electors is based on adding up a state’s seats in the Senate and the House a. Electors are chosen based on popular vote ii. President is the Commander in Chief 1. Not only of federal army and navy, but also State Militias iii. President appoints 1. Federal judges 2. Ambassadors a. Must be approved (confirmed) by the senate 6. Article III (three) a. Establishes Supreme Court i. Constitution doesn’t establish how many judges are on the court ii. Judges serve as long as they are in “good behavior” 1. Alive, healthy 7. Article IV a. Full faith and credit clause i. Judgment in one state can be enforced in another state 1. Specific case 8. Article V a. Amending the constitution i. 27 amendments 1. 2 negated each other 2. 10 are the “Bill of Rights” 3. 15 amendments since the signing of constitution ii. To amend 1. ⅔ of the senate and ¾ of the states must vote for 9. Article VI a. The supremacy clause 10.The “bill of rights” a. 12 amendments proposed b. 10 made it i. The doctrine of “state action” 1. The Bill of Rights doesn’t apply to Walmart 2. The Bill of Rights doesn’t apply to a private Catholic school a. 14th amendment brought the states into it i. Due process clause 1. “Incorporation doctrine” ii. “No state can deprive someone of the due process of law” 1. Makes MOST of the Bill of Rights applicable to the states c. The First Amendment i. Freedom of religion 1. REMEMBER “incorporation doctrine” ii. Establishment clause 1. Government must avoid “excessive entanglement” with religion a. Not supposed to favor a certain religion iii. Free exercise clause iv. Freedom of speech 1. “Symbolic speech” is protected a. Burning the flag i. Limits on expression may be allowed 1. If reasonable and is “content neutral” a. Flyers on cars i. Ok to ban them all on UArk campus ii. Not ok to only allow some 2. Commercial speech a. Less protection i. Deceptive advertising 1. Pg. 94 (Bad Frog Brewery) 3. Unprotected speech a. “Clear and present danger” i. Fighting words, threatening speech 1. Example: shouting “fire” in a crowded theatre a. In Arkansas “terroristic threatening” ii. Defamation 1. Covered under torts iii. Obscenity 1. How do you define a. Miller v. California i. Three guidelines ii. Whether "the average person, applying contemporary community standards", would find that the work, taken as a whole, appeals to the prurient interest, iii. Whether the work depicts or describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by applicable state law, iv. Whether the work, taken as a whole, lacks serious literary, artistic, p olitical, or scientific value. 11.Fourth Amendment a. Searches and seizures i. Search may be based on 1. Consent 2. Warrant 3. Justifiable excuse (emergency, pat down pursuant to lawful stoppage) a. What about cell phones? i. They have to get a warrant to search 12.Fifth Amendment a. Protection to accused in criminal case i. Due process 1. Applies to federal government 2. Applies to state government < through the 14th amendment 3. Does NOT apply to private entities a. Example: public school vs. private school i. Public school has to give you “due process” ii. Private school can kick you for no reason 13.Sixth Amendment a. In federal court i. Doesn’t usually apply to states - can though - does now ii. Criminal procedures in federal court 14.Seventh amendment a. HAS NOT BEEN ENFORCED ON STATE COURTS i. In federal court 1. $20 or more = you have the right to ask for a jury trial 15.Eighth Amendment a. Cruel and unusual punishment i. SOME STATES outlaw death penalty 16.Ninth amendment a. Rights retained by people i. Griswold v. Connecticut (U.S. Supreme Court, 1965) 1. Condoms, birth control, any form of preventing conception was illegal a. Griswold bought some to intentionally go to court i. Won 1. Only applied to married people ii. Lead to Row v. Wade 17.Fourteenth Amendment (Pg. 26) a. Equal protection i. Not an “absolute right” 1. Strict scrutiny a. “Compelling state interest” i. Example 1. Different treatment based on race a. Will never stand 2. Rational basis a. Any conceivable rational basis for different treatment i. Example 1. Different treatment based on age a. Could stand ii. Two cased on the equal protection clause 1. Registering for selective service a. Rostker v. Goldberg, U.S. Supreme Court, 1981 2. Drinking alcohol a. Craig v. Boren, U.S. Supreme Court, 1977 3. Same sex marriage a. Obergefell v. Hodges 18.17th Amendment a. People vote on senate 19.19th Amendment a. Women can vote 20.20th Amendment a. President’s term starts on Jan. 20th 21.22nd Amendment a. President can only have 2 terms 22.26th Amendment a. Voting age changed from 21 to 18 23.27th Amendment a. Congress can’t raise their wages during the same term, there must be an election cycle before they receive new wages Week 4 1. Background and significance a. Three primary beneficial functions (comparable to three branches) i. Rulemaking (legislative) based on expertise and experience ii. Enforcement (executive) iii. Adjudication (judicial) quicker and cheaper than civil courts 2. Agency creation and powers a. Enabling legislation i. Defines the agency's authority 1. We will only study “independent regulatory agencies” a. Can make their own guidelines b. Delegation doctrine: in Article One c. Administrative Procedures Act (Fed) i. Arbitrary and capricious test 1. Courts authorized to invalidate agency actions which are arbitrary, capricious, or abuse of discretion d. The rulemaking authority i. Notice to public 1. Comment period (30 days) a. Final rule issued ii. Recent unique law in Arkansas 1. Amendment requires legislative approval of all rules issued by state agencies 3. Adjudication a. Hearing procedures similar to trial, less strict on evidence i. Ruling by ALJ (Administrative Law Judges) have expertise, hired 1. Appeal to commission as a whole a. Appeal to court (federal court if federal agency) i. “Exhaustion of remedies” doctrine 1. Can’t skip earlier steps 4. Public accountability (two special laws) a. Freedom of information act i. Public entities only 1. Foyer request a. UArk is having an event for donors i. Someone files foyer request 1. They have the right to know why they're spending that money and how b. Sunshine law (open meetings) i. Sunshine = open meeting to public 5. Criminal Law (Ch. 6) 6. Civil Law v. Civil Law a. Crime is a wrong against society as proclaimed in a statute i. Action is by the government 1. “No statute = no crime” 7. State crimes vs Federal crimes a. Most crimes are state crimes b. Federal law is usually related to i. Actions against a federal official ii. Interstate commerce iii. Has to be specified as a federal crime c. Crimes in Arkansas i. Scalping athletic tickets ii. Playing cards for money iii. Implied consent law iv. Betting on sports d. Jurisdiction i. Jurisdiction in a criminal case is TOTALLY different from jurisdiction in a civil case 1. Must have occurred within the state a. Arkansas Governor gets attacked in Denver? i. Colorado crime b. Studying in Spain and attacked? i. Spain can prosecute, not the U.S. c. IF the U.S. congress deems an act in a foreign entity as an act of terror, then the U.S. can prosecute d. Ryan Lochte i. Can’t be prosecuted in U.S. 1. Brazil can request U.S. to extradite him a. U.S. probably won’t 2. Prosecutorial discretion a. Prosecutor doesn’t have to prosecute if he/she doesn’t want to or thinks the person is innocent b. Grand jury in federal cases and some states (not Arkansas) i. Group of citizens 1. Listen to prosecution a. Determine if there is enough evidence to bring the case to trial 8. Section 2: Criminal liability a. “Actus reus” b. “Mens rea” i. Act + Intent 1. MUST BE BOTH a. Didn’t know it was a law? i. If you did the act intentionally it doesn't matter 1. If you intended to do the act it doesn’t matter if you knew it was illegal 2. “Mens Rea” existing alone a. “Extreme negligence” can satisfy the “Mens Rea” i. Making you guilty without “Actus Reus” 1. Leaving child in car 9. Failure to act is NOT a crime a. There is no duty to rescue i. There are exceptions 10. Types of crimes a. Violent crimes i. Assault 1. The fear a. Point a gun at someone, pull the trigger, not loaded, they were scared though ii. Battery 1. The striking a. Point a gun and shoot someone without them ever seeing the gun iii. Assault and Battery 1. Point a gun at someone, they see it and get scared, you shoot them iv. Murder 1. Killing someone with a gun 2. Manslaughter a. Deliberately taken someone’s life BUT it was not done in the heat of passion i. Extreme emotional disturbance for which there is a reasonable excuse 1. Kill wife and her lover immediately when you walk in on them, no time to think = manslaughter 2. Leave your wife and her lover, go talk to the bartender, go back and kill them = murder b. Property crime i. Robbery 1. Taking “face to face” a. “Armed robbery” = with a weapon ii. Burglary 1. Breaking and entering a. “Aggravated burglary” = with a weapon iii. Larceny 1. Stealing a. Ex: embezzlement iv. Others: 1. Arson, receiving stolen goods, forgery, obtaining by false pretenses Practice: Practice test: 1. Acme Company, which sells sporting goods to retail outlets in seven southern states, has established a policy stating that all of its employees should be “team players,” and that employees who criticize company policy to individuals not associated with Acme are subject to immediate dismissal. Baker, an Acme employee, violated this policy by “talking bad” about the company to his friends at church. He was immediately fired. Baker has sued Acme, claiming that this policy violated his right to free speech under the first amendment of the U.S. Constitution. If this case were to go to court a judge would probably rule that: A. Baker has a valid claim due to the fact that Acme engages in interstate commerce B. Baker has a valid claim since his statements were made in church C. Acme has not violated the constitution since Baker’s statements were not made in a public outlet, such as a newspaper or television report D. Acme has not violated the constitution since there is no state action 2. A federal trial court judge in Little Rock, Arkansas is considering a case which involves a matter of federal law. The U.S. Supreme Court has never decided a case involving this point of law. In this situation the federal trial court judge is obligated to follow the interpretations of law by which of the following? I. The Arkansas Supreme Court II. The U.S. Court of Appeals for the Eighth Circuit (St. Louis, Missouri) III. The U.S. Court of Appeals for the Ninth Circuit (San Francisco, California) A. I only. B. II only. C. III only. D. I and II only. E. I, II, and III. 3. The doctrine of “stare decisis” is most closely associated with the development of which of the following “systems” of law? A. Civil law B. Criminal law C. Common law D. UCC law E. Sharia law 4. In a criminal case a jury deliberated three hours before finding the accused “not guilty.” Which of the following BEST describes the meaning of this finding? A. The jury determined that the defendant had proven beyond a reasonable doubt that he was not guilty B. The jury determined that the defendant had proven by a preponderance of the evidence that he was not guilty C. The prosecution did not prove by a preponderance of the evidence that the defendant was guilty D. The prosecution did not prove beyond a reasonable doubt that the defendant was guilty E. The prosecution did not prove with absolute certainty that the defendant was guilty 5. You are the judge in a case in which a plaintiff is seeking damages from a defendant. The nature of the case is an automobile accident, with the plaintiff alleging that the defendant’s negligence caused him harm. The parties have waived a jury trial, and you are the sole trier of fact. As a result of the evidence presented at trial you have come to the belief that although it is a close call it is more likely than not that the defendant was negligent and should be held responsible to the plaintiff. In this case you should: A. Rule for the plaintiff based on the preponderance of the evidence rule B. Rule for the plaintiff based on the beyond a reasonable doubt rule C. Rule for the defendant based on the preponderance of the evidence rule D. Rule for the defendant based on the beyond a reasonable doubt rule E. Refuse to issue a ruling and order the litigants to appeal the case to a higher court 6. Thomas allegedly attempted to take the life of a U.S. Postal Service employee during a time when the postal worker was engaged in his official functions. If proven this would be a violation of both state (Arkansas) and federal law. He was charged by the state of Arkansas with the crime of attempted murder, but was found to be “not guilty” in a jury trial. Which of the following is correct? I. If new evidence is discovered which shows beyond a reasonable doubt that Thomas committed this crime, he can be re-tried by the state of Arkansas. II. Thomas’ acquittal in state court results in the federal government not having the right to prosecute Thomas, as this would violate the double jeopardy doctrine. A. I only. B. II only. C. Both I and II. D. Neither I nor II 7. Acme Company has its main office in Tulsa, Oklahoma, but also does business in Missouri. It is being sued for breach of contract by another company located in New Orleans, Louisiana. Acme has no offices or employees in Louisiana and does no business in that state. The amount of the lawsuit is $200,000 and no federal question is presented. Acme can be sued by the Louisiana plaintiff in which of the following courts? I. State court in Oklahoma II. Federal court in Oklahoma III. Federal court in Missouri IV. Federal court in Louisiana A. I only. B. I and II only. C. I, II, and III only. D. IV only. E. I, II, III and IV 8. Which of the following is primarily the responsibility of the JURY in a civil trial? I. Conduct an independent investigation to determine what happened in the case II. Listen to the evidence presented at trial and determine what happened in the case III. Read and interpret the law which is to be applied in the case A. I only. B. II only. C. III only. D. I and II only. E. I, II, and III 9. The United States Circuit Court of Appeals normally hears appeals from which of the following? A. State trial courts B. State supreme courts C. U.S. District Courts D. U.S. Supreme Court E. Social Security Administration 10. One of the most famous cases in U.S. history is Marbury v. Madison (1803). The case involved a claim that a statute passed by Congress was in violation of the U.S. Constitution. Which of the following best describe the final ruling in this case? A. If a statute conflicts with the constitution the statute controls provided it was passed by at least 2/3 of both houses of Congress. B. It is the responsibility of Congress to determine whether or not a statute violates the constitution C. It is the responsibility of the President to determine whether or not a statute violates the constitution D. It is the responsibility of the Supreme Court to determine whether or not a statute violates the constitution E. The constitution can be amended by a 2/3 vote of both houses together with assent by the President 11. A trial judge in Little Rock, Arkansas is considering a case which involves a point of Arkansas law that is somewhat unusual. In researching the law, the judge has discovered that a number of courts have issued rulings which interpret the law in this area. Which of these rulings would constitute a precedent which is binding upon the trial judge? I. A decision by the Arkansas Supreme Court II. A decision by the Supreme Court of the state of Texas III. A decision by another trial court judge in Little Rock IV. A decision by another trial court judge in Fayetteville A. I only. B. I and II only. C. I, II and III only. D. III only. E. I, II, III, and IV 12. You have hired a lawyer to represent you in a lawsuit. The lawyer has indicated that he always takes cases of this kind on a “contingency fee” basis. This means that the lawyer: A. Is paid on an hourly basis. B. Is paid a fixed amount regardless of the number of hours put into the case C. Is paid a fixed amount but only if he wins the case for you D. Is paid only if he wins the case for you, and then a percentage of the amount recovered E. Is working for you on a pro bono basis (no fee) 13. If a trial judge applies “rule 11” to a case this means that: A. The defendant is entitled to damages as a result of the plaintiff filing a frivolous lawsuit B. One of the witnesses is being charged with perjury C. The jury is to disregard the testimony of one of the witnesses D. The doctrine of double jeopardy is being used to have the case dismissed E. The judge is dismissing the case due to an absence of subject matter jurisdiction 14. You have just won a civil case against the defendant and have been awarded a judgment in the amount of $120,000. The defendant has failed to pay the judgment. Which of the following rights do you have in this situation? I. Seize and sell nonexempt assets of the debtor II. Garnish the wages of the debtor III. Have the debtor imprisoned for failure to pay a just debt A. I only. B. II only. C. III only. D. I and II only. E. I, II, and III 15. Which of the following forms of ADR normally results in a ruling by a neutral third party which is intended to be binding on the parties? A. Mediation B. Arbitration C. Summary jury trial D. ALL of the above 16. Which of the following forms of ADR is often required by trial court judges before they will schedule a case for trial? A. Moot court exercise B. Rent a judge ADR C. Mediation D. Arbitration E. Mock trial 17. In which of the following would the federal courts have jurisdiction which is concurrent with the state courts? I. Diversity case involving more than $75,000 II. Case involving a federal question III. Case in which the United States is a party A. I only. B. II only. C. III only. D. I and II only. E. I, II, and III 18. Which of the following correctly states the usual order of events in a civil lawsuit? A. Service of process, complaint, discovery, answer B. Complaint, service of process, discovery, answer C. Complaint, discovery, answer, service of process D. Complaint, service of process, answer, discovery E. Discovery, complaint, service of process, answer 19. In a civil case in Arkansas a lawyer wishes to use her peremptory challenges in order to disqualify unwanted jurors. Based on precedents set by the U.S. Supreme Court, it would be illegal for her to use a peremptory challenge to disqualify a juror on the bases of: I. Race II. Gender III. Sexual orientation IV. Age A. I only. B. I and II only. C. I, II, and III only. D. I, II, III, and IV. E. None of these 20. A trial judge has been assigned to hear a civil lawsuit. After reviewing the pleadings (materials filed in the case) the judge feels that the facts are not in dispute and that the case can be resolved without the need for a trial. In this situation the trial judge will: A. Issue a summary judgment B. Issue a directed verdict C. Issue a judgment NOV D. Require that depositions be taken E. Schedule the case for trial anyway, since everyone is entitled to their day in court 21. In the “Hobby Lobby” case the Supreme Court considered a case involving the Affordable Health Care law and the mandate that the health insurance provided to employees include certain forms of birth control. In this case the Court ruled that Hobby Lobby was not obligated to provide certain forms of birth control due to what constitutional doctrine? A. Free exercise of religion B. Freedom of speech C. Due process D. Equal protection E. Protection against unreasonable search and seizure 22. Comparing the regulation of “commercial speech” with “non-commercial speech,” it has been held that: A. Commercial speech is given greater protection than non-commercial speech under the constitution B. Commercial speech is given less protection than non-commercial speech under the constitution C. Both commercial speech and non-commercial speech are given exactly the same protection under the constitution 23. The U.S. Supreme Court has heard numerous cases involving freedom of speech and the question of whether certain forms of speech are entitled to protection under the free speech clause in the first amendment. Which of the following forms of speech have been held to be unprotected speech? I. Speech which presents a clear and present danger II. Defamation III. Obscenity A. I only. B. II only. C. III only. D. I and II only. E. I, II, and III 24. The fourth amendment gives protection from searches and seizures by government (both federal and state). A legal search by the government can be made in which of the following circumstances: I. Consent by the party to be searched. II. Warrant obtained by the government prior to the search. III. The fact that the search, although made without a warrant, revealed criminal activity by the person searched. A. I only. B. II only. C. I and II only. D. II and III only. E. I, II, and III. 25. In a 1964 case the Supreme Court upheld the constitutionality of the civil rights act as it related to the use of public facilities (motels). The law was upheld on the basis of: A. The power to tax B. The equal protection clause C. The commerce clause D. The principle of federalism E. The due process clause 26. The federal government has exclusive authority to control airplane traffic in the U.S., with state governments having no authority in this area whatsoever. This doctrine of exclusive federal authority is known as: A. Full faith and credit B. Due process C. Preemption D. Federalism E. Incorporation 27. The requirement that states recognize and enforce the official civil court judgments of other states is known as: A. Due process doctrine B. Equal protection doctrine C. Federalism doctrine D. Full faith and credit doctrine E. Supremacy doctrine 28. A little more than 50 years ago the Supreme Court applied the equal protection clause in cases involving allegations of race discrimination in such areas as public education. The court applied the strict scrutiny test in such cases. Under this standard a government would have to prove that treating members of different races differently could be justified only on the basis of: A. A fair and reasonable need B. A benefit to the national interest C. A compelling state interest D. A rational and logical reason for different treatment E. The preponderance of the evidence rule 29. The ninth amendment helps to explain the basic nature of the rights guaranteed under the bill of rights. This amendment states that the bill of rights protects: A. All rights of citizens except for those which were specifically excluded by other parts of the constitution B. Those basic rights which were provided for in the state constitutions C. Only those rights specifically referred to in the bill of rights D. Basic rights including those not specifically stated in the bill of rights E. Only individuals who are defendants in a criminal case 30. When the Bill of Rights was adopted in 1791 it was intended that they would apply only to the federal government, not to the state governments. However, over the past 75 years the Supreme Court interpretations of the constitution has resulted in most of the provisions of the constitution being applicable to the state governments as well as to the federal government. This is due mainly to the ____________________ clause in the 14 amendment: A. Supremacy B. Full faith and credit C. Federalism D. State action E. Due process 31. The “Freedom of Information Act” generally requires public access to written records held by: I. Private companies, such as Wal-Mart II. Public entities, such as the City of Fayetteville A. I only. B. II only. C. I and II. D. Neither I nor II 32. When an administrative agency of the federal government wishes to adopt and implement a new regulation, they are generally required to set aside 30 days for: A. Review by Congress B. Public comment C. Approval by the executive branch (president) D. Approval by the Court of Appeals for the Federal Circuit E. Approval by the local U.S. District Court 33. When a case is being decided by a federal administrative agency the normal procedure is for the case to first be heard by an Administrative Law Judge. After that the losing party can appeal to: A. The Commission as a whole B. The local U.S. District Court C. The appropriate Circuit Court of Appeals D. The Court of Appeals for the Federal Circuit E. Congress 34. Which of the following is a basic component of a crime? I. Actus reus II. Mens rea III. Injury sustained by a victim A. I only. B. II only. C. I and II only. D. I and III only. E. I, II, and III 35. Which of the following is a characteristic of the federal RICO law? A. The accused must be a member of an identifiable crime organization B. The accused must have previously been convicted of a felony in a state or federal court C. The victim of the crime must be a federal elected official D. The act must be motivated on the basis of either the race or the sexual orientation of the victim E. The civil plaintiff in a RICO case may collect triple damages in federal court 36. Frank, a resident of Texas and a student at the University of Arkansas, is on a study abroad trip in Spain. While in Spain he is the victim of an attack committed by a resident of Spain. The person who attacked Frank was immediately arrested by Spanish officials. In this case, which of the following entities would have the legal right to prosecute Frank’s assailant? I. Spain II. Arkansas III. Texas A. I only. B. II only. C. III only. D. I and II only. E. I, II, and III 37. You have been arrested on Dickson Street for buying illegal drugs. The person who sold you the drugs was actually an undercover officer working for the state of Arkansas, who merely offered to sell you the drugs. Which of the following defenses could be successfully used by you to avoid a conviction? I. Failure to receive the Miranda warnings prior to making the purchase II. Entrapment by the police III. Not knowing that the selling of such drugs was a crime in Arkansas A. I only. B. II only. C. III only. D. I, II, and III. E. None of these 38. Which of the following most accurately describes a crime which involves taking something of value from another while confronting them “face to face?” A. Theft B. Burglary C. Battery D. Robbery E. Manslaughter 39. Allen shot and killed his neighbor seconds after discovering that the neighbor was abusing his teenage daughter. Assuming that Allen’s actions were the result of extreme emotional disturbance, this crime is best classified as: A. Murder in the first degree B. Murder in the second degree C. Capital murder D. Negligent homicide E. Manslaughter 40. Carter was an officer and member of the Board of Directors of a large company whose shares of stock are traded on a national exchange. Carter learned during a private board meeting that within the next three days the company was going to release a quarterly financial statement that was going to reflect that the quarterly earnings were less than half of what was expected. Based on this information Carter immediately sold 100,000 shares of stock in the company. When the financial statements were released a few days later the price of the stock fell $3 per share. By selling when he did, Carter saved $300,000. This action by Carter: A. Constitutes illegal money laundering B. Constitutes a violation of the RICO law C. Constitutes a violation of the state embezzlement laws D. Constitutes a violation of federal insider trading laws E. Is legal since Carter obtained the information in a lawful manner Answers: 1: D. 2: B. 3: C. 4. D. 5. A. 6. D. 7. C. 8. B. 9. C. 10. D. 11.A. 12. D. 13. A. 14. D. 15. B. 16. C. 17. D. 18. D. 19. B. 20. A. 21. A. 22. B. 23. E. 24. C. 25. C. 26. C. 27. D. 28. C. 29. D. 30. E. 31. B. 32. B. 33. A. 34. C. 35. E. 36. A. 37. E. 38. D. 39. E. 40. D.
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