A private citizen who is convinced by the FBI

1. A private citizen who is convinced by the FBI to wear a wire to record a conversation with a suspected criminal is considered " state action."
2. True
3. False

3 points

QUESTION 2

1. The legal principle that all defendants must be treated fairly according to Due Process, was outlined by the court in Pennoyer v. Neff.
2. True
3. False

3 points

QUESTION 3

1. In a Motion for Judgment on the Pleadings, the judge may consider outside evidence, such as sworn affidavits, before making a decision.
2. True
3. False

3 points

QUESTION 4

1. International Shoe held that a long-arm statute may allow a court to obtain jurisdiction over a nonresident defendant when the nonresident defendant has sufficient minimum contacts with the state.
2. True
3. False

3 points

QUESTION 5

1. If a party moving for Summary Judgment submits affidavits from 26 experts supporting their position, and the responding party only submits one affidavit from one expert, then an issue of law exists and Summary Judgment must be granted.
2. True
3. False

3 points

QUESTION 6

1. According to the United States Supreme Court one's right to freely exercise their religious beliefs may be overriden by a more pressing government interest.
2. True
3. False

3 points

QUESTION 7

1. According to the court in Hertz v. Friend, a corporation resides where it was incorporated and where most of its' sales are conducted.
2. True
3. False

3 points

QUESTION 8

1. According to the court's reasoning in U.S. v. Cross, statements of personal motives, intent and feeling are always issues of fact.
2. True
3. False

3 points

QUESTION 9

1. A single activity that does not affect interstate commerce by itself, may in fact have a serious impact on interstate commerce when " taken in the aggregate."
2. True
3. False

3 points

QUESTION 10

1. Under the Zippo ruling, doing substantial business in a jurisdiction exclusively over the Internet is never enough to support jurisdiction over a nonresident defendant.
2. True
3. False

3 points

QUESTION 11

1. A court of Equity will grant relief when
2. the Rule of 4 is attained.
3. money damages are an inadequate form of relief.
4. all Administrative procedures have been exhausted.
5. both b and c

3 points

QUESTION 12

1. Jones & Laughlin (J&L) operated an iron and steel company in Pennsylvania. The National Labor Relations Board (NLRB) attempted to stop J&L from the discriminatory activity of firing employees for union activities. The NLRB attempted to dothis by creating the Unfair Labor Practices statute through the power of the Commerce Clause. While only the Pennsylvania plant was affected by this statute, J&L also owned mines in two other states, operated steamships on the Great Lakes and held warehouses in 4 states, but the target of the statute, the Pennsylvania plant, was situated wholly within the state of Pennsylvania.
2. J&L will prevail because their local activity is not subject to commerce clause regulation.
3. J&L will prevail because regulating morality is an improper use of the commerce clause.
4. The U.S. will prevail because J&L's activity has a huge impact on interstate commerce and the court is not concerned with the purpose of the law if such is the case.
5. The U.S. will prevail because Lopez also lost and that case is binding law.

3 points

QUESTION 13

1. Which of the following is the highest-ranking (superior) law?
2. A statute passed by a state legislature
3. A rule created by a state administrative agency
4. A case decided by a state court
5. A provision in a state constitution

3 points

QUESTION 14

1. Appellate courts
2. review the records of cases to determine if a lower court committed an error.
3. hear cases when a change of venue becomes necessary because of adverse pretrial publicity.
4. hear cases only when questions of federal law have been reviewed and found unconstitutional by a lower court.
5. both a and b.

3 points

QUESTION 15

1. Which of the following is considered persuasive authority?
2. a secondary source of law such as a Restatement
3. a case with identical facts in the same jurisdiction
4. a case with similar facts in another jurisdiction
5. both a and c are considered persuasive authority

3 points

QUESTION 16

1. Which of the following activities is most likely to be considered enough of a "minimum contact" for jurisdiction purposes over a corporation?
2. The CEO of the corporation resides there.
3. The Corporation once advertised in a newspaper there.
4. The Corporation has a branch office there.
5. All of the above.

3 points

QUESTION 17

1. According to the U.S. Supreme Court, a prospective juror may be peremptorily removed from serving because:
2. She is female
3. He wears glasses
4. He has long hair
5. b and c, but not a

3 points

QUESTION 18

1. A new law in the state of New Jersey states that only men should ever pay alimony upon divorce. Mr. Emptypockets challenges this law in State Court. When reviewing the law, which test should the court apply?
2. The Rational Relationship Test.
3. The Intermediate Test.
4. The Strict Scrutiny Test.
5. None of the above.

3 points

QUESTION 19

1. Under the power of the Commerce Clause, the United States government can
2. regulate businesses
3. purchase private property for a fair price
4. fight discrimination
5. a and c but not b

3 points

QUESTION 20

1. Mark, a resident of Illinois, while driving on the freeway, hits Bill, a resident of Wisconsin, and totally destroys Bill's brand new Mercedes Benz. Bill may bring suit in the District Court
2. because it is a federal issue.
3. because there is always federal jurisdiction if there is diversity of citizenship.
4. if the amount in controversy is over $75,000.
5. if the accident occurred outside of Illinois or Wisconsin.

3 points

QUESTION 21

1. Procedural due process would require the government to establish a set of fair procedures in all but which of the following?
2. Social security benefits are denied.
3. An employee of McDonald's is denied unemployment wages.
4. A college professor is fired from his tenured teaching position at a state university.
5. A private golf and country club refuses to grant membership to senior citizens.

3 points

QUESTION 22

1. Which of the following is inadmissable Hearsay?
2. To prove that her husband was insane, a wife offers evidence that he lived in a nest in the top of a tree for the last five years.
3. On the issue of whether the defendant assaulted Jane, the victim's neighbor testifies that, "He often said to me over a period of months, "I hate that Jane woman.""
4. On the issue of who murdered Abby, Abby's mother testifies that Abby phoned her screaming, "J.R. is attacking me!"
5. All of these statements are inadmissable Hearsay.

3 points

QUESTION 23

1. Which of the following is an example of using a long arm statute to properly gain jurisdiction over a non-resident defendant?
2. World Wide Volkswagen v. Woodson.
3. Uberti v. Leonardo.
4. Pennoyer v. Neff.
5. Rios v. Rios

3 points

QUESTION 24

1. Able and Baker are both residents of Iowa, but they have a dispute regarding some land located in Kansas. Able files a lawsuit regarding the land in Kansas, and Baker objects claiming the Kansas courts have no jurisdiction in the case.
2. Only the Iowa courts can hear the case.
3. The Iowa federal district court can hear the case based on diversity of citizenship.
4. The Kansas courts have in rem jurisdiction to adjudicate the claim regarding the property.
5. The Kansas federal district court can hear the case based upon diversity of citizenship.

3 points

QUESTION 25

1. The decision to attend a University and pursue a career of your choice is:
2. a life right.
3. a liberty right.
4. a property right.
5. not a right that is constitutionally protected.

3 points

QUESTION 26

1. State X passes a law requiring all commercial trucks passing through State X to use Type A tires, even though all other surrounding states permit the use of Type A or Type B tires. The United States Supreme Court strikes down the State X statute and states that in its opinion, Type A and Type B tires are equally good. Subsequently, State Z passes a law requiring all commercial trucks using its highways must use Type B tires. The strongest argument for striking down the State Z statute as unconstitutional would be based on:
2. The fact that the United States Supreme Court has said that Type A tires and Type B tires are equally good.
3. The Supremacy Clause.
4. Federal Preemption.
5. The Commerce Clause.

3 points

QUESTION 27

1. What constitutional principle relied on in Brown v. Board of Education requires that similarly situated people be treated similarly by government?
2. The Commerce Clause.
3. Equal protection.
4. Due process.
5. Eminent domain.