Question 212 pts

Ford, the car maker, based in Michigan, sells a car in Idaho, to an Montana resident who is on vacation there. Ford has two sales offices in Idaho and they operate a testing ground near Boise. Ford also has a sales office in Montana, and they have a emissions testing lab there as well. The Montana resident is hurt in Montana by a wheel defect and sues Ford in Montana. Ford challenges the jurisdiction of the Montana court because the product was sold in Idaho. What existing rules of jurisdiction we know about would govern this case?

Group of answer choices

Courts would only find jurisdiction in Michigan

Courts would find jurisdiction in Montana because of the sales office and lab

Courts would find jurisdiction in Idaho and Michigan, but not Montana

Courts would find jurisdiction in Idaho, but not Montana

Question 222 pts

Zach is on trial for breaking and entering, a crime. Zach wants to argue that he is not guilty because he did not break open the door or lock to the house he entered, because the door was unlocked and open. Several criminal defendants in the past have also presented this defense in similar cases. In presenting the case opinion, 6 judges vote to acquit him and 3 vote to reverse their stand. What principle are the 6 judges upholding, and what is the name of the opinion the 3 judges will write?

Group of answer choices

Per se; Majority

Stare Decisis; Dissent

Stare Decisis; Reversing opinion

Res Judicata; Dissent

Question 232 pts

What is required for a federal court to have jurisdiction over a case?

Group of answer choices

Diversity of state citizenship and damages over $75,000, or a federal question

Diversity of state citizenship and damages over $75,000, or only constitutional questions

Diversity of state citizenship and damages over $125,000, or a federal question

Diversity of national citizenship and damages over $75,000, or a constitutional question

Question 242 pts

Michigan and New York have passed laws allowing wineries in their states to ship products directly to consumers in their states, meaning a California consumer could not buy directly from a New York winery, but only in grocery stores from retailers. Congress has previously passed laws requiring states to allow consumers to buy products over the internet. Wineries in the two states challenge the law. What is their best argument?

Group of answer choices

The wineries are not receiving equal protection to all other wineries.

The Dormant Commerce Clause prevents states from regulating areas already regulated by Congress

The Commerce Clause allows Congress to regulate commerce throughout the United States

The 9th Amendment reserves rights not named in the Constitution to states

Question 252 pts

Which of the following statements is true regarding laws passed by Congress under the authority of the Commerce Clause?

Group of answer choices

The law will be upheld when a significant interest in interstate commerce can be shown.

The Supreme Court does not favor the Commerce Clause and typically invalidates such laws.

The Supreme Court says that such laws violate the due process clause of the Bill of Rights

The law will generally be upheld as long as it affects interstate commerce in even the slightest way.

Question 263.5 pts

What are several PRIMARY sources of American law today? Check all that apply

Group of answer choices

Magna Carta

US Constitution

US Declaration of Independence

Court opinions and the common law

Congressional statutes

Administrative Agency regulations

Important tax analyses

Question 273.5 pts

Things a Board of Directors can do to ensure that ethical decisions are made by the Company include: Check all that apply.

Group of answer choices

Fire troublesome whistleblowers

Encourage socialization of employees with large age differences

Develop a Code of Ethics

Investigate any whistleblower complaints vigorously

Enforce the Code of Ethics even if very inconvenient

Hire a public relations firm

Question 284 pts

Match the protections provided to those charged with crimes to the Amendment where that right is found

Group of answer choices

4th Amendment

[ Choose ] Due process, and double jeopardy No unreasonable fines, penalties or excessive bail Warrants are required prior to searches Right to speedy and public trial and to subpoena favorable witnesses

5th Amendment

[ Choose ] Due process, and double jeopardy No unreasonable fines, penalties or excessive bail Warrants are required prior to searches Right to speedy and public trial and to subpoena favorable witnesses

6th Amendment

[ Choose ] Due process, and double jeopardy No unreasonable fines, penalties or excessive bail Warrants are required prior to searches Right to speedy and public trial and to subpoena favorable witnesses

8th Amendment

[ Choose ] Due process, and double jeopardy No unreasonable fines, penalties or excessive bail Warrants are required prior to searches Right to speedy and public trial and to subpoena favorable witnesses

Question 294 pts

Match these "negligence" terms to their correct definition

Group of answer choices

Duty

[ Choose ] A doctrine which allows a negligence action when something occurs that would not happen in the absence of negligence Losses suffered by a plaintiff where negligence occurs A doctrine which provides that those who render aid in emergencies are immune from lawsuits if they act in good faith An element of negligence, based on obligations we have to each other A doctrine which holds that some duties are created, or enhanced, by statutes

Res Ipsa loquitur

[ Choose ] A doctrine which allows a negligence action when something occurs that would not happen in the absence of negligence Losses suffered by a plaintiff where negligence occurs A doctrine which provides that those who render aid in emergencies are immune from lawsuits if they act in good faith An element of negligence, based on obligations we have to each other A doctrine which holds that some duties are created, or enhanced, by statutes

Negligence per se

[ Choose ] A doctrine which allows a negligence action when something occurs that would not happen in the absence of negligence Losses suffered by a plaintiff where negligence occurs A doctrine which provides that those who render aid in emergencies are immune from lawsuits if they act in good faith An element of negligence, based on obligations we have to each other A doctrine which holds that some duties are created, or enhanced, by statutes

Good Samaritan laws

[ Choose ] A doctrine which allows a negligence action when something occurs that would not happen in the absence of negligence Losses suffered by a plaintiff where negligence occurs A doctrine which provides that those who render aid in emergencies are immune from lawsuits if they act in good faith An element of negligence, based on obligations we have to each other A doctrine which holds that some duties are created, or enhanced, by statutes

Damages

[ Choose ] A doctrine which allows a negligence action when something occurs that would not happen in the absence of negligence Losses suffered by a plaintiff where negligence occurs A doctrine which provides that those who render aid in emergencies are immune from lawsuits if they act in good faith An element of negligence, based on obligations we have to each other A doctrine which holds that some duties are created, or enhanced, by statutes

Question 302 pts

A treaty between the United States and Mexico allows for the free flow of cars and trucks between the two countries. California wishes to assess a $10 fee for entering the state, and passes a law. The best argument for someone trying to challenge this law would be

Group of answer choices

A treaty is a superior law to any laws passed by states due to the Supremacy Clause

The Commerce Clause gives the US government full authority to regulate commerce

The police powers of California are suspended by the Commerce Clause

The 14th Amendment requires all persons, including the owners of the vehicles, to be treated equally