Question 1

Global Enterprises Corporation (GEC) engages in what some unhappy ex-employees and disgruntled consumers consider to be bad corporate behavior.These individuals post "horror stories" about GEC on rogue Web sites.By providing a forum for complaints, the potential for damage to the reputation of any corporation via the Internet has
A)decreased.
B)increased.
C)neither decreased nor increased.
D)both decreased and increased.

Accepted Answer

The potential for damage to the reputation of any corporation via the Internet has increased as rogue websites and forums provide a platform for individuals to share negative experiences and complaints about the company.

Question 2

Jennifer, a sophomore at West High School, posts suggestive-but not pornographic or obscene-photos of herself on Facebook.The images do not identify the school and require "friend" status to be viewed.Jennifer intends the photos to be humorous, and this is how her friends understand them.Under the First Amendment, West can most likely
A)suspend or otherwise punish Jennifer for posting the photos.
B)require that Jennifer remove the photos but not punish her.
C)require that Jennifer remove the photos and punish her.
D)not punish Jennifer or restrict her posts.

Accepted Answer

Based on the information provided, Jennifer's photos do not fall under the categories of obscenity or pornography, and only her friends can view them. Therefore, West High School does not have the authority to punish or restrict her posts as it would be a violation of her First Amendment rights to freedom of expression.

Question 3

Ahsan and Imani want to obtain a divorce and divide their marital property according to the principles of sharia.Officially recognized sharia courts with the full power of equivalent courts within a judicial system to rule on issues of divorce and financial disputes between couples have been sanctioned in
A)Canada.
B)Great Britain.
C)the United States.
D)no Western jurisdiction.

Accepted Answer

Great Britain has sanctioned sharia courts with the power to rule on issues of divorce and financial disputes between couples within its legal framework.

Question 4

Khalil and Jasmin sign a prenuptial agreement that provides for any dispute to be arbitrated according to Islamic law.When a dispute arises over the parties' marital property in Iowa, Jasmin files a suit in an Iowa state court to contest the arbitration provision.According to rulings in other states' courts in similar cases, the provision will most likely be
A)enforced.
B)rewritten to remove the Islamic law clause.
C)struck down as outside the common legal framework of our society.
D)suspended while the court considers an equitable result.

Accepted Answer

Courts in the United States generally favor enforcing arbitration agreements, including those that provide for religious or cultural-based arbitration, as long as they do not violate public policy or basic principles of fairness. The fact that the agreement provides for arbitration according to Islamic law is unlikely to be sufficient to invalidate it, especially since the law does not require parties to choose secular law or to follow federal laws in order to resolve disputes.

Question 5

In terms of the power of Congress, John Marshall's decision in Gibbons v.Ogden
A)delegated the power.
B)increased the power.
C)made no changes.
D)reduced the power.

Accepted Answer

John Marshall's decision in Gibbons v. Ogden broadened the power of Congress by allowing it to regulate interstate commerce. This decision led to Congress being granted more power in regulating commerce and transportation between states.

Question 6

Ira is a judge in a court of equity.In this court, Ira may bar a suit if it is not filed within a proper time under the doctrine known as
A)equitable limitations.
B)equitable maxims.
C)laches.
D)limitation de baris.

Accepted Answer

The doctrine referred to in the question is laches, which is the equitable principle that bars a party from bringing a suit if they have unreasonably delayed in asserting their rights or if their delay has caused prejudice to the opposing party. Equitable limitations and equitable maxims are broader principles that apply to the entire body of equitable law, and limitation de baris is a term that does not appear to have any specific legal meaning.

Question 7

Clark appeals a decision in his suit against Dona, grounded on rights provided in the U.S.Constitution, to the United States Supreme Court.The task of the Court to interpret and give meaning to those rights is made more difficult because
A)foreign laws affect the legal environment unpredictably.
B)government's role alters with each new election.
C)parties' expectations vary with each step in the judicial process.
D)society's perceptions and needs change over time.

Accepted Answer

Society's perceptions and needs change over time, which means that the interpretation and meaning of constitutional rights must also adapt and evolve. This results in the task of the Court becoming more difficult because they must balance the original intent of the Constitution with contemporary societal values and ideals.

Question 8

In Smartphone Games Inc.'s suit against Thermopylae Apps Corporation, Thermopylae seeks to discover electronically stored information (ESI) that should be in Smartphone's possession.If Smartphone did not preserve the ESI despite a clear duty to do so, the company should most likely
A)ask the court to sanction Thermopylae for an unreasonable request.
B)reconstruct the ESI to the best of its ability.
C)refuse to provide the ESI on the ground that it is confidential.
D)settle the dispute.

Accepted Answer

The answer of In Smartphone Games Inc.'s suit against Thermopylae...

Question 9

In a brief filed in Lea's suit against Mica in a state court, Neil, Lea's attorney, cites, Ole! Cafe v.Pan Foods Corp., an unpublished opinion.With respect to the persuasiveness of unpublished opinions, most states
A)allow their courts to consider such opinions.
B)do not allow their courts to consider such opinions.
C)impose certain hierarchical rankings.
D)require their courts to consider such opinions.

Accepted Answer

The answer of In a brief filed in Lea's suit...

Question 10

Bly is a judge in a country that follows a common law system.In this system, Bly's application of a principle of law to a certain set of facts must be adhered to by
A)all judges in courts of inferior rank.
B)all other judges.
C)no other judges.
D)only those judges who elect to apply it.

Accepted Answer

In a common law system, the principle of stare decisis requires that lower courts follow the legal principles established by higher courts in previous decisions. Therefore, Bly's application of a principle of law must be adhered to by all judges in courts of inferior rank.

Question 11

According to the ruling of the United States Supreme Court in Gibbons v.Ogden, as used in the Constitution's commerce clause, commerce means
A)all business dealings.
B)all business dealings that affect more than one state.
C)most business dealings that affect more than one state.
D)only business dealings that affect all of the states.

Accepted Answer

The ruling of the United States Supreme Court in Gibbons v. Ogden stated that the commerce clause grants Congress the power to regulate all business dealings that have an impact on more than one state. Therefore, choice B - all business dealings that affect more than one state is the correct definition of commerce as used in the Constitution's commerce clause.

Question 12

Trending Topix, Inc., is dissatisfied with its rankings in Google, Inc.'s search results and files a suit, seeking an injunction.The court is most likely to rule that under the First Amendment, search results on Google are
A)protected opinions.
B)not protected if they are "unfair" in ranking the search results.
C)not protected if the search engine uses a computerized algorithm.
D)subject to limited protection as commercial speech.

Accepted Answer

Search results on Google are considered protected opinions under the First Amendment, as they are seen as editorial judgments similar to those made by newspapers or other media outlets.

Question 13

In a brief filed in Gene's suit against Hoyt in a federal court, Ilsa, Gene's attorney, cites, Jon v.Klint, an unpublished opinion.According to a ruling of the United States Supreme Court, the judge in Gene's suit
A)may consider the unpublished opinion persuasive.
B)must apply the unpublished opinion as binding.
C)must ignore the unpublished opinion.
D)must issue a judgment in Hoyt's favor.

Accepted Answer

According to a ruling of the United States Supreme Court in Anastasoff v. United States, unpublished opinions may be considered persuasive but cannot be binding precedent. Therefore, the judge in Gene's suit may consider the unpublished opinion cited by Ilsa as persuasive but is not required to follow it as binding precedent.

Question 14

World Investment & Trading, Inc.(WIT), encourages its employees to build trust with its customers and other companies.Unfounded complaints and exaggerated charges leveled against WIT online would most likely be regarded by a court as
A)an expression of fact.
B)a form of speech protected by the First Amendment.
C)an inappropriate online disclosure.
D)libelous.

Accepted Answer

The answer of World Investment & Trading, Inc.(WIT), encourages its...

Question 15

FastBreak Ltd.is dissatisfied with its ranking in Google Inc.'s search results.FastBreak files a suit against Google, seeking an injunction.Google argues that its search results are constitutionally protected speech.FastBreak's best argument against Google's position is that
A)the First Amendment protects humans against state censorship and protecting a computer's speech is not related to that purpose.
B)the trillions of decisions made by computers each day do not all constitute protected speech.
C)computerized algorithms, which generate computer language, do not constitute speech.
D)search results constitute commercial speech, for which the First Amendment provides only limited protection.

Accepted Answer

The First Amendment protects humans against state censorship and protecting a computer's speech is not related to that purpose.

Question 16

Devon, a senior at Central High School, participates in a social media forum on which he posts destructive, bullying lies about Beau, a fellow student.Beau's parent complains to Central officials.Under the First Amendment, Central can most likely
A)punish Devon for the posts.
B)transfer Beau to a different school.
C)require that all students' future posts be made on the school's public Web site.
D)post an official note calling Devon's posts "juvenile and silly."

Accepted Answer

The First Amendment does not protect speech that is intended to harm, bully or harass others. Therefore, Central High School can punish Devon for his harmful and false posts about Beau. However, any punishment given should be proportionate to the offense, considering Devon's age, the severity of the harm done to Beau, and other relevant factors.

Question 17

Arno is judge in a country that follows a civil law system.In Arno's court, the primary source of law consists of
A)administrative decisions.
B)a statutory code.
C)case precedents.
D)the laws of other nations.

Accepted Answer

In civil law systems, the primary source of law is a statutory code, which is a comprehensive set of laws created by the legislative branch of government. While case precedents are important in civil law systems, they are not the primary source of law. Administrative decisions and the laws of other nations are also not typically considered primary sources of law in civil law systems.

Question 18

Business Credit Company files a suit against City Developers, Inc., and seeks, as part of dis-covery, certain electronic documents in City Developers's possession.City Developers did not preserve the requested data-e-mail mes-sages among employees.The court is not likely to sanction City Developers if
A)the data was not saved because there was no reasonable anticipation of litigation.
B)the e-documents were destroyed when the suit was filed.
C)the e-mail messages were trashed when the discovery request was made.
D)the e-mail system was wiped clean to avoid revealing incriminating evidence.

Accepted Answer

City Developers is only required to preserve electronic documents if there was a reasonable anticipation of litigation. Since the data was not saved, it is possible that City Developers did not anticipate litigation at the time the emails were deleted. Therefore, the court is not likely to sanction City Developers.

Question 19

Keisha is a state court judge.A statute of limitations limits
A)the amount of a judgment that Keisha can issue in any one case.
B)the length of a trial in Keisha's court.
C)the number of cases that Keisha is permitted to hear.
D)the time during which a certain suit can be brought in Keisha's court.

Accepted Answer

A statute of limitations sets a time period during which a certain suit can be brought in court. It limits the time in which a plaintiff can file a lawsuit against a defendant. Therefore, D is the correct choice. A, B, and C do not relate to the concept of statute of limitations.

Question 20

Paoli asserts against River City a claim based on allegedly conflicting rights and protections stemming from the U.S.Constitution.In this case, the role of the United States Supreme Court is to
A)decline to review the claim due to the conflict.
B)defuse the conflict by eliminating rights or protections.
C)designate a lower court to make a decision.
D)determine the appropriate balance.

Accepted Answer

The role of the United States Supreme Court in this case is to determine the appropriate balance between Paoli's allegedly conflicting rights and protections stemming from the U.S. Constitution. The Court's responsibility is to interpret the Constitution and settle conflicting interpretations by lower courts. Therefore, choices A, B, and C are incorrect.

Quiz 25: How to Brief Cases and Analyze Case Problems

In terms of the power of Congress, John Marshall's decision in Gibbons v.Ogden

Ira is a judge in a court of equity.In this court, Ira may bar a suit if it is not filed within a proper time under the doctrine known as

Clark appeals a decision in his suit against Dona, grounded on rights provided in the U.S.Constitution, to the United States Supreme Court.The task of the Court to interpret and give meaning to those rights is made more difficult because

In Smartphone Games Inc.'s suit against Thermopylae Apps Corporation, Thermopylae seeks to discover electronically stored information (ESI) that should be in Smartphone's possession.If Smartphone did not preserve the ESI despite a clear duty to do so, the company should most likely

In a brief filed in Lea's suit against Mica in a state court, Neil, Lea's attorney, cites, Ole! Cafe v.Pan Foods Corp., an unpublished opinion.With respect to the persuasiveness of unpublished opinions, most states

Bly is a judge in a country that follows a common law system.In this system, Bly's application of a principle of law to a certain set of facts must be adhered to by

According to the ruling of the United States Supreme Court in Gibbons v.Ogden, as used in the Constitution's commerce clause, commerce means

Trending Topix, Inc., is dissatisfied with its rankings in Google, Inc.'s search results and files a suit, seeking an injunction.The court is most likely to rule that under the First Amendment, search results on Google are

In a brief filed in Gene's suit against Hoyt in a federal court, Ilsa, Gene's attorney, cites, Jon v.Klint, an unpublished opinion.According to a ruling of the United States Supreme Court, the judge in Gene's suit

World Investment & Trading, Inc.(WIT) , encourages its employees to build trust with its customers and other companies.Unfounded complaints and exaggerated charges leveled against WIT online would most likely be regarded by a court as

FastBreak Ltd.is dissatisfied with its ranking in Google Inc.'s search results.FastBreak files a suit against Google, seeking an injunction.Google argues that its search results are constitutionally protected speech.FastBreak's best argument against Google's position is that

Devon, a senior at Central High School, participates in a social media forum on which he posts destructive, bullying lies about Beau, a fellow student.Beau's parent complains to Central officials.Under the First Amendment, Central can most likely

Arno is judge in a country that follows a civil law system.In Arno's court, the primary source of law consists of

Keisha is a state court judge.A statute of limitations limits

Paoli asserts against River City a claim based on allegedly conflicting rights and protections stemming from the U.S.Constitution.In this case, the role of the United States Supreme Court is to