1. Which of the following is true about how courts address equal protection case
ID: 446425 • Letter: 1
Question
1. Which of the following is true about how courts address equal protection cases? A. If a law treats different groups differently, the court determines whether the difference in treatment is justified using one of three different levels of scrutiny. B. If a law treats different groups differently, it will be acceptable so long as there is adequate notice to the persons affected. C. If a law treats a particular group more favorably than others, it will be acceptable, but if a law treats a particular group less favorably than others, it will be invalidated. D. If a law treats different groups differently, the law will be invalidated. E. Laws that affect persons differently based on race, gender, or age will be invalidated; laws that affect persons differently based on other factors will be deemed acceptable.
2. Which of the following is a distinguishing feature of a common law legal system? A. the sole source of law is a comprehensive civil code B. requiring guilt to be proven beyond a reasonable doubt C. having an appeal process D. the making of law by the judges and the following of precedent E. providing remedies to aggrieved parties
3. The sale of a partner's transferable interest in a business entitles the buyer to what rights? A. The right to inspect the partnership's accounting books B. The right to represent the partnership in a legal proceeding C. distributions of those profits to which the selling partner was entitled D. The right to manage the partnership. Page 2 of 6 LAW 531 – Quiz 1 – 3.29.16
4. A limited partner who takes an active part in managing a limited partnership: A. will be treated as a general partner with respect to parties who reasonably believed that she was a general partner B. will be entitled to reasonable compensation for the value of the services provided C. will lose the right to receive profit distributions as a limited partner D. will be entitled to profit distributions as if she were a general partner E. will be treated as a general partner with respect to all parties with whom she dealt
5. If a member of an LLC executes a personal guarantee for the debt of an LLC, which of the following is true? A. The personal guarantee would be unenforceable because it would circumvent the limited liability of the member. B. Because of the member's apparent authority, the personal guarantee would create liability for all other members if the LLC is a member-managed LLC. C. The member will have personal liability according to the terms of the guarantee, but would not be personally liable for any other obligations of the LLC. D. The personal guarantee would result in personal liability of the member for any obligation of the LLC.
6. Which of the following is not a consequence of being a partner of a partnership? A. Each partner owes fiduciary duties to the partnership and to the other partners. B. Partners are not liable for each other's torts. C. Partners are agents of each other. D. Each partner owns a portion of the value of the business.
7. Marvin was a university student in Utah who rented a house from Phillip, who also lived in Utah. Upon graduation, Marvin moved to Colorado. Assuming that one party sued the other in connection with the lease after Marvin had moved to Colorado, which of the following correctly describes the court(s) with jurisdiction over the defendant? If Phillip sued, there would be If Marvin sued, there would be personal jurisdiction over Marvin in: personal jurisdiction over Phillip in: A. Utah only Utah only B. Colorado or Utah Colorado only C. Colorado or Utah Utah only D. Colorado only Utah only E. Colorado or Utah Colorado or Utah
8. Which of the following is generally subject to a rational basis review? A. Regulation of commercial speech that is challenged under the First Amendment. B. Laws that regulate social and economic matters. C. Regulation of political speech that is challenged under the First Amendment. D. Laws that discriminate on the basis of illegitimacy. E. None of the above is correct.
9. A limited partner who takes an active part in managing a limited partnership: A. will lose the right to receive profit distributions as a limited partner B. will be treated as a general partner with respect to parties who reasonably believed that she Page 3 of 6 LAW 531 – Quiz 1 – 3.29.16 was a general partner C. will be entitled to reasonable compensation for the value of the services provided D. will be entitled to profit distributions as if she were a general partner E. will be treated as a general partner with respect to all parties with whom she dealt
10. Which of the following is not rue about the power of courts? A. Courts can make or interpret law in the absence of a case. B. Courts can distinguish prior decisions in common law cases. C. State Supreme Courts can overrule their own prior decisions. D. Courts are not absolutely bound to favor one technique of statutory interpretation over another.
11. According to _____, most of the Constitution's individual rights provisions block only the actions of government bodies, and not private bodies, in cases of violation of rights. A. due process B. federal supremacy C. independent checks D. state action E. none of the above is correct
12. Which of the following doctrines empowers courts to declare the actions of other government bodies unconstitutional? A. Judicial review B. Federal Supremacy C. Separation of Powers D. Federalism
13. Which of the following statements is generally not true about state intermediate appellate courts? A. The appellate court allows the parties to make oral arguments outlining their position. B. The appellate court usually allows the parties to file briefs outlining support for their positions. C. Appellate court decisions are final and further appeal is not possible. D. The appellate court allows the parties to introduce new evidence so long as it was not previously introduced at the original trial. E. The appellate court reviews the record of the trial court.
14. Calvin was a limited partner in a limited partnership. Calvin took care of the day-to-day operations of the partnership. The Partnership had two creditors, Biggie Co. and Medium Inc. Biggie knew that Calvin was a limited partner, but Medium thought that Calvin was a general partner. Unfortunately, the partnership became bankrupt owing both companies large amounts of money. Both Biggie and Medium sued Calvin as a general partner. To what extent is Calvin liable to them under the Revised Uniform Limited Partnership Act? A. Even though Calvin participated in the day-to-day operations of the partnership, he is liable as a general partner only to Biggie B. Because Calvin was a limited partner, he is not liable to either of them. C. Even though Calvin participated in the day-to-day operations of the partnership, he is liable as a general partner only to Medium. D. Because Calvin participated in the day-to-day operations of the partnership, he is liable to both of them as a general partner. Page 4 of 6 LAW 531 – Quiz 1 – 3.29.16
15. Online Magazines (Magazines), an Internet magazine service, includes in its "clickwrap" contract a clause stating that Florida courts have "exclusive jurisdiction" over subscribers' disputes with Magazines. This clause will most likely be: A. unenforceable because it was not the result of bargaining. B. unenforceable against a subscriber in another state. C. enforceable if it is considered reasonable by a court. D. enforceable if the subscriber does not file a motion to dismiss. E. unenforceable because it is not signed by the online user
16. In federal courts, a corporation is: A. a citizen of that state which has enacted a "long-arm" statute and thus has jurisdiction. B. a citizen of only the place where is has been incorporated. C. a citizen of only its principal place of business. D. a citizen of both its place of incorporation and the state where it has its principal place of business. E. none of the above is correct
17. According to _____, most of the Constitution's individual rights provisions block only the actions of government bodies, and not private bodies, in cases of violation of rights. A. independent checks B. federal supremacy C. due process D. state action
18. What is the effect of having a corporation as the general partner of a limited partnership? A. Each shareholder of the corporation will be treated as a general partner of the limited partnership B. The liability of the corporate general partner will be limited to the amount of its assets C. Each shareholder of the corporation will be treated as a limited partner of the limited partnership. D. The limited liability of the corporation will result in the limited partners having greater liability than they would otherwise.
19. Which of the following is an important state legislative power that works concurrently with many congressional powers? A. Taxing power B. Enumerated power C. Police power D. Independent checks and balances E. none of the above
20. Edmund, Mark, and Ben are all engineers who formed a corporation, Consulting Inc. They are the only shareholders. Edmund negligently advised, Rumfert Corp., causing it huge losses in profit. Rumfert Corp. sued Consulting Inc., Edmund, Mark, and Ben for negligence. Assuming that the general rules of corporate liability apply, from whom may Rumfert Corp. recover? A. either Edmund, Consulting Inc., Mark, or Ben B. Consulting Inc. only C. nobody D. Edmund only E. either Edmund or Consulting Inc. Page 5 of 6 LAW 531 – Quiz 1 – 3.29.16
21. The challenged law must be necessary to the fulfillment of a compelling government purpose is the requirement the US Supreme Court uses for A. the rational basis test. B. intermediate scrutiny. C. the full strict scrutiny test. D. the still-controlling test. E. none of the above is correct
22. Frank was an engineer and was one of four members who joined an LLC that was going to develop a new type of electric car battery over the next several years. Frank agreed that as part of his contribution of capital he would contribute $450,000 and would provide 400 hours of time working on the engineering design of homes to be built by the LLC. Unfortunately, Frank died after performing only 100 hours of the design services and had paid only $200,000 of his cash contribution. In these circumstances: A. Frank's death discharges neither obligation, but his estate is liable only if payment of the amounts does not create an undue hardship for any beneficiary of his estate. B. Frank's death discharges any unperformed obligation to contribute capital in the form of services, but his estate would be obligated for the unpaid $250,000. C. Frank's death would normally discharge neither of the obligations, but because his engineering services were based on Frank's particular skill and judgment, his estate is liable only for the unpaid cash contribution. D. Frank's death discharges any obligation to contribute capital in either cash or services. E. Frank's death discharges neither obligation. His estate will be obligated to pay the $250,000 and the fair value of the unperformed engineering services.
23. Which of the following independent checks blocks only state laws and not federal laws? A. Due process B. There is no such restriction. C. The First Amendment D. Equal protection E. Federal preemption
24. Assume that the state of Texas passes a law requiring all sailboats sold in Texas to have emergency inflatable rafts. Assume that there are no federal regulations covering this safety measure. Assume also, that the required rafts would add a great deal to boating safety, but that they would add considerably to the cost of the boats and changes in design to meet the Texas requirements. Which of the following is most likely true? A. Because the statute does not conflict with a federal statute or regulation, it could not be found to be unconstitutional. B. Even though there are no federal regulations on the design of sailboats, the Texas statute would probably be considered a burden on interstate commerce and thus unconstitutional. C. If all manufacturers of sailboats stopped selling them in Texas, there could be no constitutional violation because interstate commerce would not be involved. D. Because the required modification is a better design, the law would be constitutional. Page 6 of 6 LAW 531 – Quiz 1 – 3.29.16
25. The rights to notice of the charges brought against you and to some kind of fair trial or hearing to prove those charges are central requirements of: A. substantive due process. B. procedural due process. C. all legal proceedings. D. equal protection. E. economic due process.
Explanation / Answer
1.
If a law treats different groups differently; the court determines whether the difference in treatment is justified using one of three levels of scrutiny.
2.
D. the making of law by the judges and the following of precedent
3.
D. The right to manage the partnership.
4.
D. He will be entitled to reasonable compensation for the value of the service provided.
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