BUL3320 CHAPTER 1 VERIFIED
STUDY QUESTIONS AND ANSWERS
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?
. a. No, because federal law preempts state law.
b. Yes, because the federal law is only valid in federal territory (Washington, DC).
c. Yes, because the federal law was passed after the state laws.
d. No, because the federal law was passed after the state laws. - ANSWER-No, because federal
law preempts state law.
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?
a. This is a criminal lawsuit and Fame magazine is basing its argument on Article 2 of the
Constitution.
b. This is a civil lawsuit and Fame magazine is basing its argument on Article 1 of the
Constitution.
c. This is a criminal lawsuit and Fame magazine is basing its argument on stare decisis.
d. This is a civil lawsuit and Fame magazine is basing its argument on the First Amendment to
the Constitution. - ANSWER-This is a civil lawsuit and Fame magazine is basing its argument on
the First Amendment to the Constitution.
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:
a. legal positivism for Josh, and natural law for Colin.
, b. legal realism for Josh, and legal positivism for Colin.
c. legal positivism for Josh, and legal realism for Colin.
d. natural law for Josh, and legal positivism for Colin. - ANSWER-natural law for Josh, and legal
positivism for Colin.
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?
a. An amendment to the U.S. Constitution
b. Administrative law
c. Statutory law
d. Common law - ANSWER-Common law
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?
a. An administrative agency
b. The courts
c. The Senate
d. The House of Representatives - ANSWER-An administrative agency
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. A case where a caterer refuses to enter a condemned building to provide food to a
Halloween party.
b. A case where a liquidated (pre-determined) damages paym - ANSWER-A case where a
liquidated (pre-determined) damages payment in a contract was excessively disproportionate to
the injury.
STUDY QUESTIONS AND ANSWERS
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?
. a. No, because federal law preempts state law.
b. Yes, because the federal law is only valid in federal territory (Washington, DC).
c. Yes, because the federal law was passed after the state laws.
d. No, because the federal law was passed after the state laws. - ANSWER-No, because federal
law preempts state law.
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?
a. This is a criminal lawsuit and Fame magazine is basing its argument on Article 2 of the
Constitution.
b. This is a civil lawsuit and Fame magazine is basing its argument on Article 1 of the
Constitution.
c. This is a criminal lawsuit and Fame magazine is basing its argument on stare decisis.
d. This is a civil lawsuit and Fame magazine is basing its argument on the First Amendment to
the Constitution. - ANSWER-This is a civil lawsuit and Fame magazine is basing its argument on
the First Amendment to the Constitution.
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:
a. legal positivism for Josh, and natural law for Colin.
, b. legal realism for Josh, and legal positivism for Colin.
c. legal positivism for Josh, and legal realism for Colin.
d. natural law for Josh, and legal positivism for Colin. - ANSWER-natural law for Josh, and legal
positivism for Colin.
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?
a. An amendment to the U.S. Constitution
b. Administrative law
c. Statutory law
d. Common law - ANSWER-Common law
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?
a. An administrative agency
b. The courts
c. The Senate
d. The House of Representatives - ANSWER-An administrative agency
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. A case where a caterer refuses to enter a condemned building to provide food to a
Halloween party.
b. A case where a liquidated (pre-determined) damages paym - ANSWER-A case where a
liquidated (pre-determined) damages payment in a contract was excessively disproportionate to
the injury.
