BLAW 2361 Guzelian Exam Review Questions

1. Which of the following would be an example of a civil lawsuit? a. George is being prosecuted for bank fraud. b. The government has initiated an action against Jeff for operating a motor vehicle under the influence of alcohol. c. Gretta hit Rita in a bar during happy hour. Rita is now suing for her injuries. d. The district attorney is bringing Ali to court for violating the city's keg ordinance. - ANS c. Gretta hit Rita in a bar during happy hour. Rita is now suing for her injuries. 2. Curtis filed a lawsuit against Ulhoff for failure to repay $1,000 according to the terms of a promissory note. The trial ended before it began, with the trial judge granting a motion for summary judgment in favor of Curtis. Ulhoff has appealed, and the Supreme Court of Iowa has remanded the case. This means: a. Curtis automatically wins because he won in the lower court. b. Ulhoff automatically wins because he lost in the lower court. c. Neither party wins because the case is being thrown out. d. We don't know who wins yet because the case is being returned to the trial court for additional steps. - ANS d. We don't know who wins yet because the case is being returned to the trial court for additional steps. 3. Treaties with foreign nations can only be made by ________ and ratified by ________. a. the Secretary of State; the President b. the President; the Senate by a two-thirds vote c. the Department of Defense; the Senate by a plurality d. the President; the House of Representatives by a three-fourths vote - ANS b. the President; the Senate by a two-thirds vote 4. Henry David Thoreau felt that war was unjust and therefore refused to pay his taxes when the United States declared war on Mexico. If Henry David Thoreau's neighbor agreed that war was unjust but paid his taxes because the law required him to pay the tax, the neighbor would be applying the jurisprudence theory of a. legal positivism. b. natural law. c. legal realism. d. common law. - ANS a. legal positivism. 5. Under utilitarian ethics, if a decision maximizes happiness in the most people and minimizes pain, it is ethical a. True b. False - ANS a. True 6. Deontologists would agree that the increasing medical concern over obesity in the United States justifies federal regulation of high fat, high sugar, low nutrition food advertising during children's television programs. a. True b. False - ANS a. True 7. What are the two types of moral relativism noted in your text? a. absolute and relative b. individual and societal c. cultural and individual d. practical and theoretical - ANS c. cultural and individual 8. Theo believes that everyone must develop his or her own ethical rules. So whereas he believes that marijuana should be legal, he understands that other people might feel differently. Theo would be considered to be a(n) _______ relativist. a. individual b. issue-oriented c. cultural d. societal - ANS a. individual 9. Immanuel Kant was a German philosopher who was a proponent of utilitarian ethics. a. True b. False - ANS b. False 10. By creating three independent and equal branches of the federal government, the U.S. Constitution prevented the federal government's power from being concentrated in one person. a. True b. False - ANS a. True 11. Misleading commercial speech may be outlawed altogether without violating the Constitution. a. True b. False - ANS a. True 12. Judicial review is the power of the federal courts to declare a statute or governmental action unconstitutional and void. a. True b. False - ANS a. True 13. When Congress passed a criminal statute called the "Gun-Free School Zones Act," the Supreme Court ruled that a. the law was valid as a proper exercise of the power to regulate interstate commerce. b. the law was void for vagueness; thus, it was not valid. c. the law was not valid since Congress exceeded its power under the Commerce Clause. d. although the law was not a proper exercise of the power to regulate interstate commerce, Congress had the power to create such legislation on other grounds. Therefore, the statute was valid. - ANS c. the law was not valid since Congress exceeded its power under the Commerce Clause. 14. The doctrine of preemption is based on the Constitution's a. Commerce Clause. b. Due Process Clause. c. Equal Protection Clause. d. Supremacy Clause. - ANS d. Supremacy Clause. 15. If the government seizes a private home and sells it to another private party, this action is: