solution
As a matter of Constitutional interpretation,, the term “Enumerated Powers” means the powers expressly granted to Congress in Article I, Section 8 of the Constitution. However, if Congress enacts statutes regarding matters not enumerated in the Constitution, those laws would be enforceable.
(a) TRUE
(b) FALSE
The U. S. Congress and state legislatures don’t have the ability to delegate any of their lawmaking capabilities to any other agency of government, because to do so would violate the constitutional principle of the separation of powers.
(a) TRUE
(b) FALSE
If the U.S. House of Representatives enacts a new law by a 63% to 37% margin and the U.S. Senate enacts the same law by a margin of 72% to 28%, that law will become effective regardless whether the President signs it.
(a) TRUE
(b) FALSE
Lucia is fired from her job as a librarian after she reports to management that her supervisor has been harassing her sexually and discriminating against her. She sues for wrongful termination. When Lucia is being cross-examined regarding the amount of damages she is claiming, the court learns that since she was terminated, she has refused to apply for any other librarian position even though several comparable positions were advertised and available. What happens next in this situation?
(a) Lucia will not receive any compensation since she has failed to mitigate her damages by taking another librarian position.
(b) The former employer will win the wrongful termination case since it will assert that Lucia has failed to mitigate her damages.
(c) Any compensation Lucia is awarded for wrongful termination will be reduced by the amount she could have obtained from other employment.
(d) Lucia will receive compensation only if she agrees never to be a librarian ever again for the rest of her professional career
e) The court will issue an injunction prohibiting Lucia from ever entering or borrowing books from a public library.
Bilbo the dancing clown made a contract with Bobby Jenkins’ parents, agreeing to perform with his one-of- a-kind rainbow unicorn at Bobby’s birthday party and give Bobby a plush rainbow unicorn toy as a gift. The Jenkins paid in advance. Bilbo and his unicorn never show up at the party. Bobby is heartbroken. The parents want to sue Bilbo for specific performance (because no other clown has a unicorn), but their lawyer tells them that remedy is not available for personal service contracts. If they sue Bilbo for breach of contract, which of the following is the court more likely to do?
(a) Order Bilbo to return the Jenkins’ money and give Bobby the toy unicorn as compensation.
(b) Order Bilbo to give Bobby the live unicorn plus enough hay and oats to feed it for a year.
The City Council of Rock River, Idaho, votes to authorize construction of a new road through the middle of town to increase tourist traffic. In order to build the road, a number of privately-owned buildings will need to be torn down. The city sends notices to the building owners telling them to remove all personal property and vacate the premises within 24 hours or their possessions will be destroyed when the buildings are demolished. Which of the following is the most appropriate action for the property owners to take to protect their legal rights?
(a) File an action in state court seeking compensatory damages for the losses they will suffer if their buildings are demolished.
(b) File an action in federal district court seeking a preliminary injunction prohibiting the city from proceeding in violation of due process under the 5th and 14th Amendment.
(b) File an action in federal district court seeking a preliminary injunction prohibiting the city from proceeding in violation of due process under the 5th and 14th Amendment.
(c) File an action in the 9th Circuit Court of Appeals seeking a preliminary injunction prohibiting the city from proceeding in violation of due process under the 5th amendment.
(d) File an action for equitable relief in the U.S. Supreme Court.
(e) Exercise their First Amendment rights by marching in single file around the buildings chanting “No demolition without our permission!”
A plaintiff loses a case in U.S. District Court in San Diego. If the plaintiff wishes to appeal, where should the appeal be filed?
(a) California Court of Appeal for the Fourth District.
(b) California Supreme Court.
(c) Ninth Circuit Court of Appeals.
(d) U.S. Supreme Court.
(e) Court of Public Opinion.
A defendant is sued by a plaintiff. The defendant denies all the allegations made by the plaintiff in the complaint. In addition, the defendant wishes to assert claims against the plaintiff. What type of pleading does the defendant file to do so?
(a) Subpoena
(b) Counterclaim
(c) Notice of Deposition
(d) Voir dire
(e) Motion to compel discovery
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