Q&A Hero

Q: The sex discrimination test is an example of the: A. rational basis test. B. intermediate scrutiny. C. full strict scrutiny test. D. due process test.

Q: Which of the following prevents the federal government from depriving "any person of life, liberty, or property, without due process of law"? A. First Amendment B. Fifth Amendment C. Fourteenth Amendment D. Fifteenth Amendment

Q: The _____ Amendment says that no state shall "deny to any person ... the equal protection of the laws." A. Fifth B. Tenth C. Fourteenth D. Sixteenth

Q: Which of the following augments the powers of Congress by permitting it to enact laws that are useful or conducive to the exercise of those enumerated powers? A. The Commerce Clause B. The taxing power C. The spending power D. The Necessary and Proper Clause

Q: What was the original reason for granting Congress the power to regulate interstate commerce after the Revolution? A. To generate federal revenue B. To establish federal supremacy C. To block protectionist restrictions on trade D. To enable a transition to a unitary system

Q: The Commerce Clause has become a federal power with an extensive regulatory reach. This is largely due to judicial decisions regulating: A. the channels of interstate commerce. B. and protecting the instrumentalities of interstate commerce. C. persons or things in interstate commerce. D. activities that substantially affect interstate commerce.

Q: Which of the following is true of the Commerce Clause in present times? A. It has become a federal power with an extensive regulatory reach. B. It no longer blocks state regulations that hinder interstate commerce. C. It has been preempted by the federal taxing and spending powers. D. It allows Congress to regulate interstate commerce but not intrastate activities affecting it.

Q: What is the main purpose of the taxing power? A. To enact healthcare reform law. B. To regulate grants to the states. C. To regulate interstate commerce. D. To raise revenue for the federal government.

Q: Enumerated powers are those powers that the _____ can exercise. A. states B. Congress C. U.S. Supreme Court D. trial courts

Q: Congress has the power to regulate commerce among the states. In pursuance of this power, it passed a legislation forbidding women from crossing state lines to buy or sell goods. Will the statute be held constitutional? A. Yes, because Congress has the power to regulate interstate commerce. B. Yes, because Congress has not exceeded its enumerated power in enacting the legislation. C. No, because it conflicts with equal protection guarantee. D. Yes, because federal laws are always superior.

Q: Both Congress and state legislatures can make laws within areas covered under the concurrent powers, unless Congress preempts state regulation under the: A. supremacy clause. B. Takings clause. C. "checks and balances" system. D. regulatory clause.

Q: Which of the following is an important state legislative power that works concurrently with many congressional powers? A. Enumerated power B. Police power C. Independent checks D. Taxing power

Q: The U.S. Constitution provides distinct powers to the Congress, the president, and the federal courts. This is the principle of: A. separation of powers. B. federal supremacy. C. judicial review. D. due process of law.

Q: _____ enumerates the principle of federal supremacy. A. Article III B. Article IV C. Article V D. Article VI

Q: Which of the following gives the president executive power? A. Congress B. The Supreme Court C. The U.S. Constitution D. State legislatures

Q: Which of the following doctrines empowers courts to declare the actions of other government bodies unconstitutional? A. Judicial review B. Federal supremacy C. Federalism D. Separation of powers

Q: If a state law discriminates against interstate commerce, then the strictest scrutiny will be applied in the determination of its constitutionality.

Q: The Takings Clause comes from the Fifth Amendment of the Constitution.

Q: The constitutional right of privacy includes various rights that the Supreme Court has recognized as fundamental for citizens and families.

Q: A state law unconstitutionally burdens interstate commerce only when it violates a federal statute that was enacted under the Commerce Clause.

Q: Today, social and economic regulations generally receive rational basis review when they are challenged on the grounds of equal protection.

Q: Today, discrimination on the basis of gender receives more strict scrutiny than discrimination on the basis of race.

Q: Government action that discriminates on the basis of illegitimacy receives full strict scrutiny.

Q: The Contract Clause applies only to state laws that impair past contractscontracts made before passage of the state law in question.

Q: The "ends" component of a means-ends test specifies how significant a social purpose must be in order to justify the restriction of a right.

Q: Corporations engaging in political expression are entitled to the same First Amendment protection as an individual engaged in such speech.

Q: The First Amendment prohibits state regulation of deceptive commercial advertising.

Q: Federal restrictions that forbid beer producers from listing the alcohol content of their beer on product labels are unconstitutional.

Q: Does the Federal Arbitration Act (FAA) override a state law vesting initial decision making authority to a court or administrative agency?

Q: Article V of the Constitution makes the Constitution, laws, and treaties of the United States Supreme over state law.

Q: The exercise of the power of judicial review depends on the court's reading of the Constitution.

Q: Congress cannot invalidate state laws that are passed pursuant to the state's police power.

Q: The Fourteenth Amendment's equal protection guarantee has been made applicable to federal government action through incorporation of it within the Fifth Amendment's Due Process Clause.

Q: Dee sues Gerry for defamation. Dee thinks that the facts clearly are not as stated in Gerry's complaint and that, given Dee's version of the facts, Gerry cannot recover for defamation. What motion gives Gerry the best chance of winning the case early? What does it involve?

Q: What are the consequences of document alteration or destruction that interferes with legitimate discovery requests?

Q: Which of the following is an informal alternative method for promoting settlement of disputes from a formal court trial? A. Minitrial B. Summary judgment C. Directed verdict D. Peremptory challenges

Q: What two kinds of jurisdiction are necessary for a state court to have jurisdiction over a case? Describe each briefly.

Q: Greg sues Ned in an effort to get title to some land claimed by Ned and located inside the state of Texas. Ned has never been to Texas in his life, has never had any contacts of any kind with the state, and refuses to appear in Texas to defend against Greg's suit. Later, after Greg wins a default judgment against Ned, Ned shows up in Texas to claim that the judgment was invalid because he was totally outside Texas, hence Texas courts had no jurisdiction over him, and for this reason they could not affect his rights to the land. Is Ned right? Why or why not? Assume that subject-matter jurisdiction exists.

Q: A party may win a judgment even after the jury has reached a verdict against it through the procedure of: A. mens rea. B. non obstante veredicto. C. demurrer. D. habeas corpus.

Q: Dillon's, a discount retailer with over 500 employees, includes a clause in its employment application stating that all future employment disputes will be resolved through binding arbitration. This clause most likely: A. will be considered valid by federal courts. B. will be considered unenforceable by all courts. C. will result in employees having to mediate their employment-related claims against Dillon's. D. will require an employee to mediate employment-related disputes.

Q: A method of alternative dispute resolution in which a neutral third party helps the parties reach a resolution of the dispute by facilitating communication, clarifying areas of agreement, helping see each other's viewpoints, suggesting settlement options, but who cannot make decisions that bind the parties, is called: A. conciliation. B. mediation. C. minitrial. D. arbitration.

Q: In the form of alternative dispute resolution (ADR) called court-annexed arbitration: A. a neutral third party is called in to mediate. B. courts decide on certain types of criminal lawsuits. C. the losing party has the right to a regular trial. D. civil lawsuits are sent to the Supreme Court for a hearing.

Q: Abby gets a state court civil judgment against Casey, but Casey does not pay. Which of the following is one of the tools available to Abby to enforce the judgment against Casey? A. Mediation B. Long-arm jurisdiction C. Writ of execution D. In rem jurisdiction

Q: Harvey is planning to file a case against a petrochemical giant which has a plant in his town. The petrochemical plant is dumping toxic wastes into its surrounding areas. Harvey is mobilizing the residents of the town, all of whom have suffered from various health problems due to the activities of the plant. Which of the following would be of most help to Harvey and the other residents? A. Demurrer B. Class action C. Directed verdict D. Affirmative defense

Q: Which of the following helps a plaintiff to seize the property that belongs to the defendant but is in the hands of a third party? A. Class action B. Garnishment C. Non obstante veredicto D. Settlement

Q: Discovery generally takes place without a need for court orders or other judicial supervision. Which of the following is an EXCEPTION to this rule? A. A request for written questions directed at the opponent. B. Requests for admission directed at the opponent. C. A request for a physical or mental examination of the opponent. D. Requests for the production of documents in civil cases.

Q: Malcolm has brought a lawsuit against Will. Malcolm feels that there is no genuine issue of material fact in dispute, and also that he is entitled to win this case as a matter of law. What legal procedure would allow Malcolm to win this case as quickly as possible? A. Discovery B. Voir dire C. Jury trial D. Summary judgment

Q: At a _____, the judge meets informally with the attorneys for both litigants in an attempt to get the attorneys to stipulate, or agree to, a resolution of certain issues in order to simplify the trial. A. demurrer B. directed verdict C. pretrial conference D. minitrial

Q: The American legal system gives considerable power to the jury; however, it also has devices for limiting that power. The _____ provides a judgment to one party before the jury gets a chance to decide the case. A. motion to dismiss B. motion for a new trial C. motion for summary judgment D. motion for a directed verdict

Q: Which of the following characterizes discovery? A. It begins before the pleadings are completed. B. Information may be subject to discovery only if it is ultimately be admissible at trial under the legal rules of evidence. C. It is an efficient and time-saving remedy for litigants. D. Interrogatories are a commonly utilized form of discovery.

Q: What are depositions? A. Written questions directed to a party, answered in writing, and signed under oath. B. Documentary evidence introduced at a trial. C. Oral examinations of a party by the opposing party's attorney. D. Written statements made during arbitration.

Q: Paul sues Dan for "aesthetic pollution." The basis for his suit is Dan's habit of wearing clothes Paul considers ugly. Paul's complaint offers details of Dan's "ugly" clothing in many separate, numbered paragraphs. However, no law requires one to pay damages for wearing clothes that another considers ugly and for causing aesthetic dissatisfaction to some other party. Thus, Dan wants to defeat Paul's claim as fast as possible. The best procedural device for doing so is the: A. motion to dismiss. B. motion for summary judgment. C. motion for judgment notwithstanding the verdict. D. motion for a directed verdict.

Q: The motion to dismiss for failure to state a claim upon which relief can be granted is sometimes called the: A. deposition. B. demurrer. C. interrogatory. D. directed verdict.

Q: The right of _____ is available for information that is not subject to a recognized legal privilege and is relevant to the case or likely to lead to other information that may be relevant. A. demurrer B. counterclaim C. discovery D. affirmative defense

Q: Which of the following notifies the defendant that he, she, or it is being sued? A. Summons B. Motion to Dismiss C. Deposition D. Interrogatories

Q: The _____ are the documents that the parties file with the court when they first state their respective claims and defenses. A. summons B. pleadings C. appeals D. clauses

Q: A(n) _____ must state the remedy requested in the case. A. summons B. interrogatory C. affirmative defense D. complaint

Q: Which of the following may contain an affirmative defense? A. Summons B. Interrogatory C. Complaint D. Answer

Q: A counterclaim differs from an affirmative defense in that, a counterclaim: A. is a new claim by the plaintiff. B. does not permit a defendant to claim for damages caused by a fraud. C. is merely an attack on the plaintiff's claims. D. attempts legal relief for the defendant.

Q: Patent cases being litigated in the federal system are an example of: A. concurrent jurisdiction. B. original jurisdiction. C. exclusive jurisdiction. D. certiorari jurisdiction.

Q: In a case where concurrent jurisdiction exists, a state court may decide a case involving federal questions if: A. it is a criminal case. B. it is a civil case. C. the plaintiff asserts so. D. the defendant belongs to that state.

Q: Today, most appealable decisions from the lower courts fall within the Supreme Court's _____ jurisdiction, under which the Court has discretion whether to hear the appeal. A. appellate B. certiorari C. original D. exclusive

Q: In which of the following cases will the U.S. Supreme Court have original, but not exclusive, jurisdiction? A. When the validity of any treaty has been questioned. B. When the validity of a federal statute has been questioned. C. When there is a controversy between two or more states. D. When a state proceeds against citizens of another state.

Q: For federal "diversity" jurisdiction to exist: A. the case must begin in a federal court of appeals. B. the amount in controversy must exceed $75,000. C. both the plaintiff and the defendant must be citizens of the same state. D. the case must pertain to the Constitution, laws, or treaties of the United States.

Q: In federal courts, a corporation is: A. a citizen of only the place where is has been incorporated. B. a citizen of only it principal place of business. C. a citizen of both its place of incorporation and the state where it has its principal place of business. D. a citizen of that state which has enacted a "long-arm" statute and thus has jurisdiction.

Q: _____ jurisdiction exists when the case arises under the Constitution, laws, or treaties of the United States. A. Original B. Federal question C. Diversity D. Exclusive

Q: Infobox Online, an Internet services provider, includes in its "clickwrap" contract a clause stating that California courts have "exclusive jurisdiction" over subscribers' disputes with Infobox Online. This clause will most likely be: A. unenforceable because it was not the result of bargaining. B. unenforceable against a subscriber in another state. C. enforceable if the subscriber does not file a motion to dismiss. D. enforceable if it is considered reasonable by a court.

Q: Defending against a federal district court suit by Paul, Dan claims that Paul has sued him in the wrong federal district court. Dan has raised a question of: A. long-arm jurisdiction. B. in personam jurisdiction. C. venue. D. standing.

Q: Jurisdiction based on the presence of property within the state is called _____ jurisdiction. A. in rem B. personam C. sui iuris D. subject-matter

Q: Jack, a resident of Texas, sued Jill, a resident of Kentucky, alleging breach of contract. Jack may attach Jill's bank account in Kentucky to recover the amount of the judgment from the account, if his suit is successful. This is an example of: A. in rem jurisdiction. B. in personam jurisdiction. C. quasi in rem jurisdiction. D. venue.

Q: In general, a court has _____ if it is a territorially fair and convenient forum in which to hear the case. A. venue B. original jurisdiction C. limited jurisdiction D. standing

Q: Contracts sometimes contain a provision reciting that disputes between the parties regarding matters connected with the contract must be litigated in the courts of a particular state. What is such a provision called? A. Choice of law clause B. Forum selection clause C. Substantive clause D. Minimum contacts clause

Q: Bob is a merchant in New York and Betty is a merchant in California. Bob wants to do business with Betty but he is concerned that if a lawsuit should result from their transaction, he might have to travel to California and hire a California litigation lawyer to litigate the dispute. What type of clause should Bob try to include in his contract with Betty that will probably assure him that if litigation ensues, it will take place in New York? A. Confession of judgment clause B. Forum selection clause C. Choice of law clause D. Substantive clause

Q: The party successful in a civil lawsuit can seek to enforce a judgment by obtaining a writ of execution or by garnishment.

Q: What is a court's power to hear a case and to issue a decision binding on the parties called? A. Jurisdiction B. Prerogative C. Venue D. Assignment

Q: A "long-arm" statute allows: A. criminal courts jurisdiction over civil cases. B. state courts more power than federal ones. C. court's jurisdiction over out-of-state defendants. D. appellate courts to hear new cases.

Q: Calvin, a resident of South Park, Colorado, creates a website called "But Seriously" which acts as an electronic billboard for posting funny stories. Ted, a resident of Northridge, California, posts a story on the website. Stu, another California resident from San Diego, files a lawsuit against Calvin in a federal district court in California, claiming that Calvin had defamed him on his website. Based on these facts, does Calvin have sufficient "minimum contacts" to give the California federal district court in personam jurisdiction over him? A. No, Ted's posting alone is not enough to create sufficient "minimum contacts." B. Yes, Ted's posting creates sufficient "minimum contacts." C. Yes, by creating a website that is accessible in California, Calvin has sufficient minimum contacts with that state. D. Calvin has sufficient "minimum contacts" with California only if Stu's claim is in excess of $75,000.

Q: Bubble Wrap Co. (BWC), an Atlanta corporation, has its principal place of business in New York. John, a resident of Florida, asserted on his website that BWC is engaged in ongoing criminal activity, scams, and phishing. BWC sued John in the U.S. District Court for the District of New York, alleging defamation and injury to BWC's business in New York. John filed a motion to dismiss the case alleging that neither subject-matter nor in personam jurisdiction existed. The court granted the defendant's motion and dismissed the case because: A. BWC could not meet its burden of establishing sufficient minimum contacts. B. BWC did not have subject-matter jurisdiction. C. BWC neither had subject-matter jurisdiction nor in personam jurisdiction. D. publishing of those statements did not amount to defamation and thus no injury was caused to BWC's business.

Q: Interrogatories are a form of discovery requiring a party to file written answers to questions submitted to that party.

Q: As in a criminal case, a defendant in a civil case may not be compelled by the plaintiff to testify.