Problem:
The Montana Supreme Court decides the case of National Co. v. Overseas Corp. Of nine justices, six believe the judgment should be in National's favor. Justice Peel, one of the six, writes a separate opinion. The four justices who believe the judgment should be in Overseas's favor join in a third separate opinion.
Question 1: Refer to Fact Pattern above. The opinion joined by the four justices who favor Overseas is known as
a. a concurring opinion.
b. a dissenting opinion.
c. a majority opinion.
d. a propounding opinion.
Question 2: During a sports event for East High School, Floyd, a senior, waves a sign that reads, "Meth'dUp!" Gina, East's principal, confiscates the sign and suspends Floyd from school for ten days. Under the principles discussed in "A Sample Court Case," Morse v. Frederick, Gina most likely acted
a. in violation of Floyd's rights under the First Amendment.
b. reasonably in confiscating the sign but not in suspending Floyd.
c. reasonably in suspending Floyd but not in confiscating the sign.
d. reasonably in the circumstances and under the law.
Question 3: The U.S. Congress enacts a new federal statute that sets different standards for the liability of businesses selling defective products. This statute applies
a. only to matters not covered by state law.
b. only to those states that adopt the statute.
c. to all of the states.
d. to none of the states.
Question 4: Lee is a judge in a court of equity. In this court, Lee may bar a suit if it is not filed within a proper time under the doctrine known as
a. laches.
b. staredecisis.
c. the chancellor's discretion.
d. the king's conscience.
Question 5: Jo files a suit against Lara in a Missouri state court. Lara's only connection to Missouri is an ad on the Web originating in Nebraska. For Missouri to exercise jurisdiction, the issue is whether Lara, through her ad, has
a. a commercial cyber presence in Missouri.
b. conducted substantial business with Missouri residents.
c. general maximum contact with Missouri.
d. solicited virtual business in Missouri.
Question 6: Jen files a suit against Kyle. Before going to trial, the parties meet, with their attorneys to represent them, to present their dispute to a third party who is not a judge but who renders a legally binding decision. This is
a. arbitration.
b. litigation.
c. mediation.
d. negotiation.
Question 7: Opal files a complaint in a suit against Phil, and he files an answer. The case may now be
a. dismissed only after a trial begins.
b. dismissed or settled at this point.
c. resolved only after a trial ends.
d. settled only during a trial.
Question 8: In Market Company's suit against National Credit Corporation, Market wants to introduce evidence that it claims is relevant. Relevant evidence is evidence that
a. establishes the degree of probability of a fact or action.
b. tends to disprove a fact in question.
c. tends to prove a fact in question.
d. all of the choices.
Question 9: Irma files a civil suit against Jim. To succeed, Irma must prove her case
a. beyond a reasonable doubt.
b. by a preponderance of the evidence.
c. by indisputable proof.
d. within an iota of the truth.
Question 10: Uma, a citizen of Virginia, wants to enforce in Washington certain rights that she has under a contract with Xtra Services Company. A Washington state court is most likely to enforce such rights under
a. no provision in the U.S. Constitution.
b. the commerce clause.
c. the full faith and credit clause.
d. the privileges and immunities clause.
Question 11: Tom files a suit against the state of Utah, claiming that a Utah state law violates the commerce clause. The court will agree if the statute
a. imposes a substantial burden on interstate commerce.
b. promotes the public order, health, safety, morals, or general welfare.
c. regulates activities within Utah's borders.
d. regulates private activities.
Question 12: Under the Constitution, the legislative branch of the government
a. administers the laws.
b. enforces the laws.
c. interprets the laws.
d. makes the laws.
Question 13: Colorado enacts a statute that bans the distribution of anonymous political leaflets. A court would likely hold this to be
a. an unconstitutional restriction of speech.
b. constitutional under the First Amendment.
c. justified by the need to protect individual rights.
d. necessary to protect state interests.
Question 14: Mona publishes an article in Now Hear This!magazine that harms Owen's good reputation. The First Amendment protects Mona and others who engage in such speech
a. all of the time.
b. none of the time.
c. only if it is commercial.
d. only if it is political.
Question 15: Quality Business Corporation (QBC) makes and sells its products nationwide. To be considered socially responsible when making a business decision, QBC could take into account the needs of
a. its consumers, the community, and society only.
b. its employees and owners only.
c. its employees, owners, consumers, the community, and society.
d. no one.