Trae Givens

5687

1. The California courts holding in Soldano vs. Daniels was:

a) that the general rule that bystanders are not liable for another persons injuries
applied in this case.
b) that Mr. Daniels was responsible for Mr. Soldanos injuries because an employer
is responsible for an employees injuries when the employee was injured on the
job.
c) that Mr. Daniels was responsible for Mr. Soldanos injuries because the
bartender refused to let someone use the phone to call the police under
circumstances when a phone was available and life threatening injuries were
involved.
d) that stare decisis should be followed by following the courts ruling in the Union
Pacific Railway Co. v. Cappier case.

2. Assume in 1989, the North Dakota Supreme Court ruled in a case entitled Jones
vs. Pacman, that when an electronic game causes addictive behavior in a player,
the maker of the game can be liable for the cost of addiction therapy. If, in a 2010
trial entitled Smith vs. Angry Birds a judge in North Dakota finds the maker of
Angry Birds liable for the plaintiffs addiction therapy, the courts action in the
second case is an example of:
a. statutory law.
b. the burden of proof in a civil case.
c. public benefit law.
d. stare decisis

3. What do the IRS, FAA, and EPA have in common?

a) Each of them is an administrative agency.
b) Each one is from a different branch of the national government (legislative,
judicial and executive).
c) None of them have the ability to make rules that are like laws.
d) None of them have the letter A in them.

4. An administrative law judge is:

a) an attorney who has been practicing law for more than 10 years who
occasionally volunteers for the court when a judge is out sick or on vacation.
b) A judge who can only hear traffic court matters.
c) A judge employed by an administrative agency to enforce the rules (laws) of
the agency.
d) A figment of your imagination.

5. Enabling legislation is:

a) The name of the process for when a bill is moving through Congress prior to
becoming law.
b) A law that prohibits providing alcohol to a minor.
c) What co-dependent people read every morning.
d) The law that creates an administrative agency.

6. Which statement is the most accurate:

a) All bills must go to Congress Conference Committee before they are signed by
the President.
b) Bills go to Congress Conference Committee when each house has passed a
different version of the same bill.
c) The President must use his veto when a bill is in Congress Conference
Committee; if he does not do so at that time, he is committed to sign the bill.
d) Congress Conference Committee is the first place a bill is voted upon while
making its way to becoming a law.

7. Jane is opening a vitamin and herbal remedy shop in Cupertino. She would like
to seek information from the federal governments food and drug administration
(FDA) about what types of vitamins and herbs have been the focus of the FDAs
investigations in the last five years. Jane should:
a) Forget about it. The federal government cannot be required to provide
information to citizens.
b) File an FOIA request.
c) File a lawsuit in federal court against the federal government and proceed with
discovery.
d) Go in person to the FDAs closest office and bribe the receptionist for the
information.

8. An administrative agency is permitted to:

a) make its own rules, investigate compliance with its own rules, and enforce
its own rules by holding a hearing.
b) make its own rules and investigate compliance with its own rules, but not to
hold hearings to enforce its rules.
c) make its own rules but not to investigate nor enforce its own rules.

d) do none of the above.

9. When interpreting the meaning of a statute, a court must:

a) first look at the legislative history and intent of the legislature when the bill was
passed.
b) always balance the plain meaning of the law with the legislative intent and
public policy in determining the meaning.
c) first look at whether the plain meaning of the words of the statute, and only
if those words are unclear move into looking into legislative history, and only
if the legislative history is unclear move into looking at public policy.
d) seek an advisory opinion from the current legislature before making a ruling.

10. Before it becomes a statute, a proposed law is called a:

a) Bill
b) Tom
c) Nancy
d) Jane