Question Answer
Under a federal form of government, the relationship between states and the central government may be described as: A partnership in which the federal government and the states share sovereign powers.
The system of checks and balances set forth in the U.S. Constitution allows: Allows each branch to limit the actions of the other branches.
The commerce clause of the U.S. Constitution authorizes: Congress to regulate non-intrastate commerce.
Police powers allow states to: Regulate private activities to promote public health, safety, and general welfare.
If Congress passes a 2 percent tax on cigarette sales in New Jersey only, this law will most likely be held: Unconstitutional according to the Section 8 taxing power
Courts traditionally give the right of free speech: Protection to the fullest extent possible.
The establishment clause: Prohibits government from creating a state-sponsored religion.
Substantive due process focuses on: The content of legislation.
If a law or action prohibits or inhibits some people from exercising a fundamental right, the law or action will be subject to what level of scrutiny by courts? Strict scrutiny.
Which of the following is not a federal statute regulating privacy rights? The Protection of Personal Privacy Act.
In order to create a federal administrative agency, what kind of legal action is taken? Enabling legislation is passed by Congress.
Which of the following is an example of an independent regulatory agency? The Securities and Exchange Commission.
The major difference between independent regulatory agencies and executive agencies is that: Executive agencies are subject to the authority of the president to a greater degree than independent regulatory agencies are.
The basis for all administrative law is: Article I of the Constitution.
Administrative agencies are often referred to as: The fourth branch of government.
When an administrative agency decides to create a new rule, what must it do as a first step? Publish a notice of the proposed rulemaking proceeding in the Federal Register.
With respect to administrative agency investigations, a subpoena duces tecum does what? It compels an individual or organization to hand over books, papers, records, or documents to an administrative agency.
Charges that an individual or firm violated an administrative rule are first brought before: An administrative law judge (ALJ).
Following a hearing, an administrative law judge first issues: An initial order.
The Government in the Sunshine Act requires: Meetings of administrative agencies to be open to public observation.
The basic purpose of tort law is to: Provide remedies for the invasion of protected interests.
If you are falsely imprisoned, you are: Confined or restrained by another person intentionally and without justification.
Which of the following is not an element of the tort of fraudulent misrepresentation? A lack of intent to cause reliance on the misrepresentation.
Which of the following would not constitute trespass to land? With permission, you walk across your neighbor's land.
Which of the following is a defense to a negligence claim? Assumption of risk.
Res ipsa loquitur means: “The facts speak for themselves.”
Strict product liability is imposed by law as a matter of public policy. On which of the following assumptions does the policy rest? That consumers should be protected from unsafe products.
A court might consider a product to be unreasonably dangerous if: A less dangerous alternative was commercially feasible, but was not produced.
When market-share liability is imposed: The plaintiff need not prove which particular distributor of a widely distributed product caused his or her injury.
Which of the following is a defense to product liability? Assumption of risk.
Intellectual property is defined as: Property that results from an intellectual, creative process and so is the product of one's mind.
Trademark dilution laws protect against: The unauthorized use of mark regardless of whether the user is a competitor.
If a company that makes laundry detergent calls its product Pommo, the name "Pommo" would be considered: A strong mark.
Suppose that when you enter an "On the Border" Mexican restaurant, you see a distinctive interior, a distinctive menu, and a wait staff wearing distinctive attire. This combination of things creates a unique ambience, known in legal terms as a: Trade dress.
When you cybersquat, you: Register someone else's mark as a domain name, then offer to forfeit the name for a price.
Jami invents a new machine. He obtains a patent for his invention from the U.S. government. Louisa buys one of Jami's machines, pulls it apart, copies his work, and starts producing and selling her own version of the amazing “Weed Eater.” Louisa: Has infringed on Jami's patent rights.
Although courts disagree on this issue, the tendency in court cases has been to not extend copyright protection to which of the following? The "look and feel" of a computer program.
A trade secret might include which of the following? A customer list.
The widespread use of the Internet has made the protection of trade secrets: More difficult, because employee can easily transfer to competitors or others his or her employer’s trade secrets via e-mail or a disk.
Which of the following treaties provides for the international protection of intellectual property? The TRIPS agreement.