BLAW Final Exam Practice Problems with Complete Solutions

BLAW Final Exam Practice Problems with Complete Solutions When Sonya Celebrity reads an embarrassing article about herself in Fame magazine, she becomes very worried about damage to her reputation. During her lawsuit against Fame, the magazine's lawyer argues that his client's rights are protected by the Constitution, specifically the right to free press. Is this a civil or criminal lawsuit? On what part of the Constitution is Fame magazine's lawyer basing his argument? This is a civil lawsuit and Fame magazine is basing its argument on the First Amendment to the Constitution. A state trial court held that Raynes Inc. violated its contract with Cranwell Management. Raynes appealed the decision to the state appellate court. If the appellate court remands the case, it is most likely because: the trial court's decision made a mistake in interpreting the law. Ever since a large manufacturing plant opened a quarter mile from Stanley's house, he has been bothered by air pollution and loud noises coming from the plant. Tired of the problems the plant is causing, Stanley goes to civil court seeking a(n) ________ which is a(n) _________ requiring the plant to stop. injunction; court order In the 1980s, the Supreme Court ruled that it was legal for protesters to burn the American flag because this activity counts as free speech under the Constitution. What kind of law is this? Common law In 1994, when the Arizona Supreme Court decided the case of Hernandez v. Arizona Board of Regents, it found a duty of care to avoid providing alcohol to underage consumers. If in 2017 a plaintiff from Flagstaff, Arizona brings a lawsuit in an Arizona state trial court against a student group at an Arizona university for providing alcohol to members under the legal drinking age, will the Hernandez v. Arizona Board of Regents case serve as precedent (assuming no court has overturned it)? Yes, it will be used as precedent and it is binding. Congress passes The Nylon-Free Water Act, a statute making it a crime for commercial fishermen to use nylon fishing nets in water where manatees are found. Now that the Act has passed Congress, who will create regulations for implementing it? An administrative agency. Pursuant to its power under the U.S. Constitution to enact laws affecting the health and safety of its residents, New Jersey lowers its highway speed limits by 10 miles per hour in hopes of reducing traffic deaths. This is an example of what aspect of our government? Federalism. The president has nominated Judge Mukae to be a federal judge. Before Judge Mukae can be confirmed (that is, officially appointed), she must be ______________________ as a result of our system of _____________________. approved by the Senate; checks and balances. Josh and Colin are driving down the highway in Josh's new convertible. Josh steps on the gas and accelerates to 110 miles per hour, almost double the 60 miles per hour speed limit. Colin urges Josh to slow down, saying, "The law is the law, and you should follow it even if you think it's unfair." Josh responds, "It's unjust to have a law about how fast people can drive their own cars. Let's see how fast I can go!" In this scenario, Josh and Colin's differing legal philosophies seem to adhere most closely to: natural law for Josh, and legal positivism for Colin. In 1997, the Supreme Court declared unconstitutional a provision of a federal gun control law that required state and local governments to conduct a background check on prospective gun purchasers. Under what legal authority did the Supreme Court have the right to declare the provision unconstitutional? Judicial power. In the case of Hammer v. Breidenbach, 31 Mo. 49 (1860), Mr. Breidenbach was hired to brew beer in a cave for his employer, at a salary of $1,000 per year. The contract between the Bavarian Brewery (which would later become Anheuser-Busch) and Mr. Breidenbach specified that any violation of the agreement would result in the breaching party paying the sum of $500 to the injured party. Because the cave was dangerous, Mr. Breidenbach refused to enter it to make the beer, and his employer demanded the $500. An appellate court later determined that Mr. Breidenbach should not be required to enter the cave and endanger himself, and he was not required to pay the $500 "penalty." In which of the following modern cases could this case act as an appropriate precedent? A case where a liquidated (pre-determined) damages payment in a contract was excessively disproportionate to the injury. Several U.S. southern states pass a law that restricts the sale of alcohol by businesses on Sunday between the hours of 6AM and midnight. A few weeks later, the federal government passes a law that says "no jurisdiction shall restrict the sale of alcohol in any manner." Would the states still be permitted to restrict sales of alcohol within their borders? No,