Help
Options
Didn't know it?
click below
click below
Knew it?
click below
click below
Don't Know
Remaining cards (0)
Know
retry
shuffle
restart
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
LEOB Midterm
| Question | Answer |
|---|---|
| Bella sues Joe in Georgia and receives a 5k judgement. Joe has land in CA. Bella wants to enforce her judgement in CA against Joe's land. What provision of the US constitution is applicable? | Full Faith & Credit |
| What Constitutional provision applies to right to an attorney? | 6th Amendment |
| Sally holds up a sign with pictures on MTSU property protesting the slaughter of chickens. What Constitutional provision applies? | 1st Amendment |
| Categories of unprotected speech. | fighting words, slander, and obscenity |
| Sally is employed by Tyson's Chicken and Tyson fires her. Sally states that her job is protected by the 1st amendment and Sally sues her employer. Why would Sally not be successful in her lawsuit? | 1st amendment only applies to the government |
| Sally holds up a sign with pictures on MTSU property protesting cruelty which causes Jane emotional distress. Why would Jane not be successful in her lawsuit? | emotional distress is protected |
| If I put the 10 commandments in MTSU classrooms, what provision might be violated? | 1st amendment |
| If I put the 10 commandments in MTSU classrooms, what factors does the US Supreme Court look to in determining if it violates the US Constitution? | whether it is religious or historical |
| Sam is required to testify in a criminal trial against his brother. Sam has knowledge of his brother's criminal activities. Must Sam answer the question? | pleading the 5th only applies to the defendant |
| TN passes a law that the state must hire TN residents before it hires out of state residents. What provision applies? | privileges and immunity |
| If a TN law conflicts with the 1st amendment that US Constitution prevails. What provision applies? | supremacy clause |
| Under the 4th Amendment class activity scenarios, the standard for determining if the police had the constitutional right to look at Joe's phone is what? | Reasonable expectation of privacy |
| What does fruit of the poisonous tree mean? | When the 4th amendment is violated all evidence and corresponding evidence is not upheld |
| What article and section of the US constitution gives Congress their powers? | Article 1 Section 8 |
| What is the legal standard utilized in the Commerce Clause whetehr or not Congress can pass federal laws. ____ ____ on ___ _____ | Substantial Burden on Interstate Commerce |
| What provision under US Constitution sets forth that we have a right to a jury trial? | 7th amendment |
| OJ Simpson was found not guilty. OJ states after the trial that he killed his ex-wife. What provision applies? | double jeopardy |
| Miranda v Arizona discussed two Constitutional Provisions. What are they? | 5th and 6th amendment |
| Name the law that governs labor organizations/unions | National Labor Relations Act |
| Where do you file a complaint if you feel you have been discriminated because you are pro union? | National Labor Relations Board |
| What law and section number makes it illegal for employers to have policies that discipline employees who discuss their wages? | Section 7 of the National Labor Relations Act |
| Who is not allowed to be in unions | supervisors and managers, anyone who is allowed to fire/hire people |
| What are the cards called that employees sign to request representation by a union or labor organization? | authorization card |
| What percentage is required just to petition for a union election? | more than 30% |
| What percentage of the bargaining unit employees must vote in favor of a union in order to be represented by a union? | more than 50% |
| An employer allows employees to hand out information about a fundraising event during lunch breaks. Can an employee hand out information about union meetings? | Yes because the NLRA permits if the owner allows other events to be shown |
| What is the "contract" called that exists on behalf of the union bargaining unit employees and employer? | collective bargaining |
| Once the employer and the union reach an impasse with regard to the collective bargaining agreement, what can the employer do? | replace the employees |
| What does right to work mean? | You don't have to join a union to receive the benefits of a union |
| What agency regulates unfair and deceptive ads? | Federal Trade Commission |
| Name one requirement for an ad to be deceptive. | not truthful or deceptive |
| If you aren't using a tech computer you aren't using the best. What is this an example of and is it legal or not? | puffery and it is not illegal |
| Best computers advertise for $200, Jane gets there are not any and someone tries to sell her a computer for $1500. This is called _____ and is it illegal? | bait & switch, yes illegal |
| What is your legal right with regard to unsolicited merchandise received in the mail? | You don't have to pay for anything |
| What is the amount you might have to pay if you have unauthorized charges to your credit card? | $50 |
| What amount could be held liable for if someone steals and uses and unsolicited credit card application sent through the mail? | $0 |
| Name the 4 elements of a contract. | agreement, consideration, capacity, legality |
| Joe agrees to but 15k worth of tomatoes from Sally. At the last second, Joe breaches the contract. Sally must try to sell the tomatoes. What is this called? | duty to mitigate damages |
| Joe breaches the tomato contract of 15k. Sally sells the tomatoes and makes 5k. Sally can sue Joe for how much? | $10,000 |
| How much can Sally acquire from breaching the tomato contract? | Sally may recover 10k plus attorney fees |
| Sally is selling her rocking chair for 10k. Jane wants to buy, offers for 5k. Jane finds out the rocking chair is worth a lot of money and tells Sally she will purchase it for 10k, Sally says she is selling for 15k. Can Jane force Sally to sell the chair | once a counteroffer is made, the original offer is voided |
| I put a sign up that anyone who rakes my leaves willl receive $50. What type of contract is this? | unilateral contract |
| Stanley Ladder hires Joe and they both verbally agree that Joe will be paid $70k the first six months and then 85k after that. Stanley Ladder refuses to pay his 85k later. Is this an enforceable contract? | No because it would need to be in writing |
| Lucy and Zehmer are at a restaurant. Lucy verbally agree to buy Zehmer's land for 25k and Zehmer verbally agrees to sell his land to Lucy for 25k. Is this enforceable? | No because of the Statute of Frauds |
| Sam agrees to buy the red car from Sally. Only Sally believes it is her truck while Sam believes it is her Cadillac. What is the name of this rule? | Mirror image |
Created by:
user-1810347