Com Law Exam Review
(17).webp "Com Law Exam Review - Quiz")
Questions and Answers
- 1.
What are the sources of law?
Explanation
The sources of law include common law, equity, statutes, administrative rules, and the constitution. Common law refers to legal principles developed by courts through their decisions in cases. Equity refers to a set of legal principles that provide fairness and justice in specific situations. Statutes are laws enacted by legislative bodies. Administrative rules are regulations created by administrative agencies to implement and enforce statutes. The constitution is the supreme law of the land that establishes the structure and powers of the government. Together, these sources form the foundation of the legal system and provide guidance for resolving legal disputes.Rate this question:
- 2.
Judge-made law, tradition, precedent, whatever cases that have been decided before are used to decide the current case.
- A.
Statutes
- B.
Administrative Rules
- C.
Equity
- D.
Common Law
- E.
Constitution
Correct Answer
D. Common LawExplanation
Common law refers to the body of law that is derived from judicial decisions and precedents, rather than from statutes or written laws. It is based on the principle of stare decisis, which means that courts are bound to follow the decisions of higher courts in similar cases. In this context, the statement suggests that judge-made law, tradition, precedent, and previous cases play a crucial role in deciding the current case, indicating the application of common law principles.Rate this question:
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- 3.
A principal that the courts use to decide certain kinds of cases, not based on monetary damages- about fairness.
- A.
Statutes
- B.
Administrative Rules
- C.
Equity
- D.
Common Law
- E.
Constitution
Correct Answer
C. EquityExplanation
Equity is a principle that the courts use to decide certain kinds of cases, not based on monetary damages, but about fairness. This means that in cases where the application of strict legal rules would lead to an unjust outcome, the courts can use their discretion to provide a remedy that is fair and just. Equity allows the courts to consider the unique circumstances of each case and make decisions based on principles of fairness and justice, rather than rigid legal rules.Rate this question:
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- 4.
Laws created by legislature.
- A.
Statutes
- B.
Administrative Rules
- C.
Equity
- D.
Common Law
- E.
Constitution
Correct Answer
A. StatutesExplanation
Statutes are laws created by the legislature. They are formal written laws that are enacted by a legislative body and are binding on the citizens of a particular jurisdiction. Statutes are typically created to address specific issues or areas of law and are considered the primary source of law in many legal systems. Administrative rules, equity, common law, and the constitution are also sources of law, but in this case, the correct answer is statutes because they specifically refer to laws created by the legislature.Rate this question:
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- 5.
Agencies like the FCC and the FTC who make rules for specified regulated industries. They are not the same as laws, but have power to fine companies if they do not abide by such rules.
- A.
Statutes
- B.
Administrative Rules
- C.
Equity
- D.
Common Law
- E.
Constitution
Correct Answer
B. Administrative RulesExplanation
Administrative rules are regulations created by agencies like the FCC and the FTC to govern specific industries. These rules are not the same as laws passed by legislative bodies, but they still have the power to enforce compliance and impose fines on companies that do not follow them. Administrative rules are an important tool for agencies to regulate industries and ensure fair practices.Rate this question:
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- 6.
The "Supreme Law of the Land"- tells us how and who can be elected president, who can sit in congress, how the court system is arranged- as well as the powers of these different branches of government.
- A.
Statutes
- B.
Administrative Rules
- C.
Equity
- D.
Common Law
- E.
Constitution
Correct Answer
E. ConstitutionExplanation
The "Supreme Law of the Land" refers to the highest legal authority in a country, which in this case is the Constitution. It outlines the fundamental principles and rules that govern the government and its branches, including the election process, qualifications for president and congress members, and the structure of the court system. It also establishes the powers and limitations of each branch of government. The other options listed, such as statutes, administrative rules, equity, and common law, are different sources of law but do not hold the same level of authority as the Constitution.Rate this question:
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- 7.
Who are the current U.S. Supreme Court justices?
Correct Answer
John G. Roberts, Elena Kagan, Ruth Ginsburg, Anthony Kennedy, Antonin Scalia, Clarence Thomas, Sonia Sotomayor, Stephen Breyer, Samuel Anthony AlitoExplanation
The current U.S. Supreme Court justices are John G. Roberts, Elena Kagan, Ruth Ginsburg, Anthony Kennedy, Antonin Scalia, Clarence Thomas, Sonia Sotomayor, Stephen Breyer, and Samuel Anthony Alito.Rate this question:
- 8.
When someone speaks somethingm, there is something that is going to happen immediatlely from that speech. (such as yelling bomb on an airplane). This is known as ______
Correct Answer
Clear and Present DangerExplanation
The term "Clear and Present Danger" refers to a legal doctrine that allows restrictions on freedom of speech when the speech presents a serious and immediate threat to public safety or national security. In the given context, it means that when someone speaks something that poses an immediate danger or threat, such as yelling "bomb" on an airplane, it falls under the category of clear and present danger. This doctrine aims to balance the right to free speech with the need to protect public safety.Rate this question:
- 9.
When a law is unclear; you do no tknow what is actually considered illegal or prohibited. This is known as ______
Correct Answer
VaguenessExplanation
When a law is unclear, it means that the language or wording used in the law is not specific or precise enough to determine what actions are considered illegal or prohibited. This lack of clarity creates confusion and uncertainty for individuals trying to understand and comply with the law. This concept is known as vagueness.Rate this question:
- 10.
When too much protected activity is considered unlawful. This is known as _______.
Correct Answer
OverbreadthExplanation
Overbreadth refers to a situation where a law or policy is overly broad and restricts more speech or conduct than necessary to achieve its intended purpose. In the context of protected activity, when too much protected activity is considered unlawful, it means that the law or policy is prohibiting or punishing activities that should be protected under the law. This violates the principle of freedom of speech and expression, as it unnecessarily restricts individuals' rights and goes beyond what is necessary to maintain order or protect legitimate interests.Rate this question:
- 11.
The theory of the First Amendment which was proposed by Milton and Mill. The theory says let everything in, whether it is false or true- you decide what you believe and what you chose to believe; and the civilian can sort it out for yourself. Truth will always win against falsity.
- A.
Marketplace of Ideas
- B.
Self Governance
- C.
Self Fulfillment
- D.
Fourth Estate
- E.
Safety Valve
Correct Answer
A. Marketplace of IdeasExplanation
The theory proposed by Milton and Mill, known as the Marketplace of Ideas, suggests that in a free and open society, all ideas, whether true or false, should be allowed to be expressed. Individuals have the freedom to choose what they believe and what they choose to believe. The theory also emphasizes that the truth will prevail over falsehoods in a free and competitive exchange of ideas. This concept promotes the importance of free speech and the role of individuals in determining the validity and value of different ideas.Rate this question:
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- 12.
The theory of the First Amendment which was proposed by Alexander Meiklejohn. The theory says that let's let all speech dealing with political issues be protected under the first amendment. We want people to be educated enough to make political decisions- for voting, art, music and literature. Refers to how you govern yourself both in terms of politics and in terms of a way of life.
- A.
Marketplace of Ideas
- B.
Self Governance
- C.
Self Fulfillment
- D.
Fourth Estate
- E.
Safety Valve
Correct Answer
B. Self GovernanceExplanation
The theory proposed by Alexander Meiklejohn suggests that all speech dealing with political issues should be protected under the First Amendment. This is because it is important for people to be educated enough to make political decisions, whether it is for voting, art, music, literature, or any other aspect of life. The concept of self-governance refers to how individuals govern themselves both in terms of politics and in terms of their way of life. It emphasizes the importance of allowing individuals to have the freedom to express their ideas and opinions in order to make informed decisions and actively participate in the democratic process.Rate this question:
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- 13.
The theory of the First Amendment which was proposed by Blasi. This theory is concerned with the protection of the press from the standpoint that media is in charge of educating the public and serves as a counterweight to the government.. There is a need for well-financed, well-organized professional critics of the government.
- A.
Marketplace of Ideas
- B.
Self Governance
- C.
Self Fulfillment
- D.
Fourth Estate
- E.
Safety Valve
Correct Answer
D. Fourth EstateExplanation
The theory proposed by Blasi suggests that the media, or the Fourth Estate, plays a crucial role in educating the public and serving as a counterweight to the government. This theory emphasizes the need for a well-financed and well-organized media that can act as professional critics of the government. The term "Fourth Estate" refers to the media's role as a separate and influential power in society, alongside the three traditional branches of government. It highlights the importance of a free press in ensuring transparency, accountability, and the protection of democratic values.Rate this question:
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- 14.
The theory of the First Amendment which was proposed by Emerson. The theory states that if marginalized groups are given an outlet to speak, and that speech is protected; they will not engage in activity that will be harmful to society.
- A.
Marketplace of Ideas
- B.
Self Governance
- C.
Self Fulfillment
- D.
Fourth Estate
- E.
Safety Valve
Correct Answer
E. Safety ValveExplanation
The theory of the First Amendment proposed by Emerson suggests that if marginalized groups are provided with a platform to express themselves, and their speech is protected, they will not resort to activities that could be detrimental to society. This concept is known as the "safety valve" theory. It implies that allowing individuals to freely express their ideas and concerns acts as a release valve, preventing them from resorting to more extreme or harmful measures.Rate this question:
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- 15.
The theory of the First Amendment which was proposed by Tribe. The theory states that you get to totally be a full and complete person who is not repressed when given the freedom of speech and the ability to express your thoughts.
- A.
Marketplace of Ideas
- B.
Self Governance
- C.
Self Fulfillment
- D.
Fourth Estate
- E.
Safety Valve
Correct Answer
C. Self FulfillmentExplanation
The theory of self-fulfillment suggests that the First Amendment allows individuals to fully express themselves and be their true selves without any repression. It emphasizes the importance of freedom of speech and the ability to share thoughts and ideas. This theory promotes the idea that through self-expression, individuals can achieve personal growth, fulfillment, and self-actualization. It recognizes the value of individual autonomy and the positive impact it can have on personal development and self-fulfillment.Rate this question:
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- 16.
The right to speak and publish; the right to associate; the right to receive infromation; the right to solicit funds; and the right not to have compelled speech are _________.
Correct Answer
First Amendment Protection of AdultsExplanation
The First Amendment Protection of Adults encompasses the rights to speak and publish freely, to associate with others, to receive information, to solicit funds, and to not be forced to speak against one's will. These rights are fundamental to the principles of free speech and expression, allowing individuals to voice their opinions, gather and disseminate information, and engage in peaceful assembly. The First Amendment protects these rights for all adults, ensuring that they are able to exercise their freedoms without undue government interference.Rate this question:
- 17.
The First Amendment says ______.
Correct Answer
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech; or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.Explanation
The First Amendment of the United States Constitution prohibits Congress from making laws that establish a religion or interfere with the free exercise of religion. It also guarantees the freedom of speech, the freedom of the press, the right to peacefully assemble, and the right to petition the government for a redress of grievances.Rate this question:
- 18.
If the law is narrowly tailored, if the government has a high level of interest in creating such a law, and if that law fulfills government interests. This test is known as _____
Correct Answer
Strict ScrutinyExplanation
The explanation for the given correct answer is that the test mentioned in the question, which involves the law being narrowly tailored, the government having a high level of interest, and the law fulfilling government interests, is known as strict scrutiny. Strict scrutiny is a legal standard used by courts to determine the constitutionality of certain laws or government actions. It requires that the law or action in question be necessary to achieve a compelling government interest and be the least restrictive means to do so.Rate this question:
- 19.
Was the government acting reasonably when they passed the law? Is the law reasonable? Does it have a basic connection between what is being prohibited and the law itself? This test is known as ______.
Correct Answer
Rational BasisExplanation
The test being referred to in this question is the Rational Basis test. This test is used to determine whether the government's actions, specifically the passing of a law, are reasonable. It examines whether there is a logical connection between what is being prohibited and the law itself. In other words, it assesses whether the government had a valid reason for enacting the law and if it is a reasonable restriction.Rate this question:
- 20.
Which tests do courts apply in First Amendment cases?
Correct Answer
Absolutism, Bad Tendency, Clear and Present DangerExplanation
In First Amendment cases, courts apply the tests of Absolutism, Bad Tendency, and Clear and Present Danger. Absolutism refers to the belief that freedom of speech should be protected without any limitations or restrictions. Bad Tendency test allows restrictions on speech if it has the potential to lead to illegal actions or harm. Clear and Present Danger test permits limitations on speech if it poses an immediate threat to public safety or national security. These tests help courts determine the constitutionality of restrictions on free speech.Rate this question:
- 21.
Speech that has a tendency to cause some bad act or bad outcome- the test is vague and was abandoned by the court. This test is known as _____.
Correct Answer
Bad TendencyExplanation
The correct answer is "Bad Tendency." The question is referring to a test used in legal cases to determine if a speech has the potential to cause harm or lead to negative consequences. The test was deemed vague and no longer used by the court.Rate this question:
- 22.
Holding on to words for their simple, and obvious meaning. "Congress shall make no law" literally means "Congress is not allowed to make a law" This test is known as ________.
Correct Answer
AbsolutismExplanation
The given correct answer for this question is "Absolutism". This term refers to the practice of interpreting words or laws in their most literal and strict sense, without considering any contextual or interpretive factors. In this case, the statement "Congress shall make no law" is being interpreted literally as "Congress is not allowed to make a law" without considering any potential exceptions or limitations. This approach to interpretation is known as absolutism.Rate this question:
- 23.
Regulate speech without regard to its subject matter or the viewpoint conveyed. Involves tome, place and manner restrictions.
Correct Answer
Content-Neutral RegulationExplanation
Content-neutral regulation refers to the regulation of speech without considering its subject matter or the viewpoint expressed. It involves imposing restrictions on the time, place, and manner of speech, rather than targeting the specific content or message being conveyed. This type of regulation aims to maintain order and protect public interests, such as preventing disruptions or ensuring public safety, while still allowing individuals to express their opinions. It is a way to balance the right to free speech with the need for reasonable limitations in certain circumstances.Rate this question:
- 24.
1. If the information is a paid advertisement. 2. If it made reference to a specific product. 3. If it is economically motivated. What test is this for?
- A.
Content Neutral Restriction
- B.
Rational Basis
- C.
Commercial Speech
- D.
Strict Scrutiny
Correct Answer
C. Commercial SpeechExplanation
This answer is correct because commercial speech refers to any form of communication that promotes a commercial transaction, such as advertising or marketing. The given criteria, including paid advertisement, reference to a specific product, and economic motivation, are all indicators of commercial speech. Commercial speech is subject to a lower level of constitutional protection compared to other types of speech, and can be regulated by the government as long as the regulation is reasonable and serves a substantial government interest.Rate this question:
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- 25.
What three factors are considered in determining whether and ad is deceptive?
Correct Answer
Likely to mislead, a reasonable consumer, with a material statement or omission.Explanation
The three factors considered in determining whether an ad is deceptive are: the likelihood of misleading a reasonable consumer, the presence of a material statement or omission, and the potential for the ad to deceive. These factors are important in assessing the overall deceptive nature of an advertisement and its impact on consumers.Rate this question:
- 26.
What is the federal agency chiefly responible for regulating advertising.
- A.
FCC
- B.
EPA
- C.
FDA
- D.
FTC
Correct Answer
D. FTCExplanation
The correct answer is FTC. The Federal Trade Commission (FTC) is responsible for regulating advertising in the United States. The FTC protects consumers from deceptive or unfair business practices, including false advertising. They enforce laws that prevent companies from making false claims or misleading consumers in their advertisements. The FTC ensures that advertising is truthful, accurate, and does not mislead or deceive consumers.Rate this question:
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- 27.
Commercial speech protected under the First Amendment is to protect the speaker.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
Commercial speech is not protected under the First Amendment to solely protect the speaker. The primary purpose of protecting commercial speech is to safeguard the public's right to receive information and make informed decisions regarding commercial products and services. While the First Amendment does offer some protection to commercial speech, it is not solely for the benefit of the speaker but rather for the broader public interest.Rate this question:
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- 28.
Which court case resulted in a four part test to determine whether speech is protected under the First Amendment.
- A.
Citizens United v. Federal Elections Commission
- B.
Central Hudson Gas and Electric v. Public Service Commission
- C.
First Nat'l Bank of Boston v. Bellotti
- D.
Virginia Board of Pharmacy v. Virginia Citizens Consumer Council
Correct Answer
B. Central Hudson Gas and Electric v. Public Service CommissionExplanation
Central Hudson Gas and Electric v. Public Service Commission resulted in a four-part test to determine whether speech is protected under the First Amendment. This case involved a challenge to a New York law that prohibited promotional advertising by electric utilities. The Supreme Court established the Central Hudson test, which requires the government to prove that the regulation of commercial speech serves a substantial government interest, directly advances that interest, and is not more extensive than necessary to serve that interest. This case has had a significant impact on the analysis of commercial speech and its protection under the First Amendment.Rate this question:
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- 29.
The first part of the four part test for commercial speech is ______. (?)
Correct Answer
Lawful activity and not misleading?Explanation
The first part of the four part test for commercial speech is whether it involves lawful activity and is not misleading. This means that for commercial speech to be protected under the First Amendment, it must pertain to legal activities and must not contain any false or deceptive information. This ensures that consumers are not misled or harmed by false advertising or fraudulent claims.Rate this question:
- 30.
The second part of the four part test for commercial speech is ______. (?)
Correct Answer
Government interest substantial?Explanation
The second part of the four part test for commercial speech is whether the government interest is substantial. This means that the government must have a significant and legitimate interest in regulating the commercial speech in question. The government cannot restrict commercial speech without a valid reason that is important enough to justify the restriction.Rate this question:
- 31.
The third part of the four part test for commercial speech is ________.
Correct Answer
Regulation directly advance government interest?Explanation
The third part of the four part test for commercial speech is whether the regulation directly advances a government interest. This means that the regulation must have a clear and direct connection to promoting or protecting a legitimate government interest. It is not enough for the regulation to simply have some incidental or indirect benefit to the government; it must directly advance the government's interest in a substantial way.Rate this question:
- 32.
The fourth part of the four part test for commercial speech is _______. (?)
Correct Answer
More excessive than necessary to serve interest?Explanation
The fourth part of the four part test for commercial speech is whether the regulation is more excessive than necessary to serve the government's interest. This means that if the regulation goes beyond what is required to achieve the government's objective, it may be considered unconstitutional. In other words, the government must show that the regulation is narrowly tailored and does not unnecessarily restrict the freedom of commercial speech.Rate this question:
- 33.
Corporations have the same First Amendment rights as people.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
The First Amendment of the United States Constitution guarantees the right to freedom of speech, religion, press, assembly, and petition. The Supreme Court has interpreted the First Amendment to apply to corporations as well, granting them the same rights as individuals. This means that corporations have the right to express their opinions, donate to political campaigns, and engage in other forms of protected speech. This decision has been controversial, as some argue that it gives corporations too much influence in politics. However, the correct answer is true, as corporations do have First Amendment rights.Rate this question:
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