Preventing Governmental Tyranny

Summary

The Madisonian system designed to prevent tyranny and abuse of minority political views in government is called checks and balances. The document used to ask the U.S. Supreme Court to review a case is called the writ of certiorari. The element of negligence that is defined by whether it is lawful and just to hold a person responsible is legal duty. General damages involve non-economic losses. The test where the state must prove an important governmental interest and that the means to achieve those interests are substantially related is called intermediate scrutiny. The court ruling you described, where the plaintiff gets nothing in terms of damages even though they were only 20% responsible for the accident, aligns with the doctrine of contributory negligence. The assertion that the communication of acceptance must mirror the offer in a contract is true. The concept that best applies to a statute that covers various constitutional rights and things the state has a right to control is likely overbroad. The statement that the judge will rule in the companys favor because the contract was not with

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The document used to ask the U.S. Supreme Court to review a case is called the _______. Question * options: Writ of mandamus Petition for Prima Facie Writ of certiorari Writ of appeal and review
The document used to ask the U.S. Supreme Court to review a case is called the "Writ of certiorari".
There are four elements to negligence, which one is defined by whether it is lawful and just to hold a person responsible. Question * options: Legal duty Breach of duty Causation Harm
The element of negligence that is defined by whether it is lawful and just to hold a person responsible is "Legal duty". This refers to the responsibility one person has to avoid causing harm to another.
___________ involves non-economic losses. Question * options: General damages Special damages Punitive damages Nominal damages
"General damages" involves non-economic losses. These are damages that are not easily quantifiable and can include pain and suffering, loss of companionship, and emotional distress.
State must prove an important governmental interest and the means to achieve those interests are substantially related is called the ______________ test. Question * options: rational basis intermediate scrutiny strict scrutiny undue burden
The test where the state must prove an important governmental interest and that the means to achieve those interests are substantially related is called "intermediate scrutiny".
The court holds that the plaintiff was *% responsible for the accident and the defendant was *% responsible. The court rules that under ___________ the plaintiff gets nothing in terms of damages. Question * options: contributory negligence comparative negligence
The court ruling you described, where the plaintiff gets nothing in terms of damages even though they were only *% responsible for the accident, aligns with the doctrine of "contributory negligence". This doctrine is not generally applied in Pennsylvania, which follows a modified comparative negligence rule.
In a contract, the communication of acceptance must mirror the offer. Question * options: TRUE FALSE
The assertion that the communication of acceptance must mirror the offer in a contract is "TRUE". This is known as the "Mirror Image Rule", which states that the terms of the acceptance must exactly match the terms of the offer.
The State of Texas passed a statute that covered various constitutional rights as well as things that the state has a right to control. The concept best applied to the statute is _________. Question * options: overbroad content neutral vague chilling effect
The concept that best applies to a statute that covers various constitutional rights and things the state has a right to control is likely "overbroad". An overbroad statute may prohibit both constitutionally protected and unprotected conduct.
Andy orders flowers for his wife to be delivered today. The flowers were not delivered. Andy's wife asserts that she can sue for the failure of the flower company to deliver the flowers. The company asserts that the contract was not with her, so she has no case against them. The judge will rule in the company's favor. Question * options: TRUE FALSE
The statement that the judge will rule in the company's favor because the contract was not with Andy's wife is "TRUE". Generally, a person who is not a party to a contract has no standing to sue under that contract. However, this may vary based on specific circumstances and local laws.
_______________ asserts that the meaning of the Constitution is determined by looking at its underlying principles and ideas and applying them to contemporary concepts of law and justice. Question * options: Legal formalism Legal positivism Legal realism Originalism Living theory
The approach that asserts that the meaning of the Constitution is determined by looking at its underlying principles and ideas and applying them to contemporary concepts of law and justice is called the "Living theory" or "Living Constitution" theory.
Andy is walking with his wife Amy and John, who is drunk, jumps the curb and hits Amy with his car and she dies in Andy's arms. After the accident, Andy has a nervous breakdown. Under PA law Andy can sue under what theory of negligent infliction of emotional distress? Question * options: Personal injury Third Party Zone of Injury Contractual None of the above
Answer: Under Pennsylvania law, Andy can sue under the theory of "Third Party" negligent infliction of emotional distress. This involves witnessing a traumatic event that causes severe emotional distress, such as witnessing a loved one's serious injury or death.
Andy is walking with his wife Amy and John, who is drunk, jumps the curb and hits Amy with his car and she dies in Andy's arms. After the accident, Andy has a nervous breakdown. Becky is standing two feet away when she sees the car hit Amy hears her scream and watches Amy die in Andy's arms as he cries in despair. She develops depression and migraine headaches. Becky sues the driver of the car under negligent infliction of emotional distress. The driver of the car moves to dismiss because Becky can't prove the elements of the claim. Becky's attorney claims she was affected by the sight of the accident and developed emotional/psychological injury. John's attorney agrees that Becky is suffering due to witnessing the accident. The judge will rule in Becky's favor. Question * options: TRUE FALSE
The statement that the judge will rule in Becky's favor when she sues the driver of the car under negligent infliction of emotional distress could be "TRUE". In Pennsylvania, a bystander can recover for negligent infliction of emotional distress if they are located near the scene of the accident, the shock results from a direct emotional impact from the sensory observation of the event, and they are closely related to the injury victim. However, the final decision will depend on the specific evidence presented in court.
It was snowing and Steven was caught in the snow after falling into a lake after getting wet, he pulled himself out of the lake and then he finds a house. He broke into the house to get out of the weather to keep from freezing to death. The owner of the house sued. Steven claimed ___________ as a defense. Question * options: newsworthy – public interest truth consent necessity
Answer: In this case, Steven would likely claim "necessity" as his defense. This defense is used when a person must break the law in order to prevent more serious harm to themselves or others. However, the applicability of this defense can vary depending on the specific circumstances and laws of the jurisdiction.
In Pennsylvania the prosecution must have a prima facia case at the ___________. Question * options: preliminary arraignment preliminary hearing arraignment
Answer: In Pennsylvania, the prosecution must have a prima facie case at the "preliminary hearing". This means that the prosecution must present enough evidence at this stage to establish that a crime has been committed and the defendant likely committed it.
_______________ is first response the defendant submits after receiving the complaint. Question * options: A motion to dismiss A complaint An answer A counterclaim A motion for summary judgment
The first response the defendant submits after receiving the complaint is typically "An answer". This is where the defendant admits or denies each allegation in the complaint.
Susan's attorney determines after reading the complaint that it is clear that Sam can't prevail in the lawsuit as a matter of law. Susan's attorney files a ____________. Question * options: motion for summary judgment motion to dismiss an answer motion to preclude discover motion for directed verdict
Answer: In this situation, Susan's attorney would likely file a "Motion for Summary Judgment". This is a request to the court to rule that the other party has no case, because there are no facts at issue.
The ___________ gave to Western tradition the principle that the government is obligated to protect the rights of its citizens. Question * options: ancient Greeks ancient Romans ancient Hebrews
Answer: The principle that the government is obligated to protect the rights of its citizens was given to Western tradition by the "ancient Romans".
Trial by jury and trial in the location of the crime is guaranteed by _________ of the U.S. Constitution. Question * options: the fourth amendment the fifth amendment article III the eighth amendment the sixth amendment
The right to trial by jury and trial in the location of the crime is guaranteed by "the sixth amendment" of the U.S. Constitution.
A contract that is required to have certain language is called ______ contract. Question * options: a formal an implied a bilateral a unilateral
A contract that is required to have certain language is typically referred to as "a formal" contract. Formal contracts often have specific wording or terms that need to be included for it to be legally binding.
Steven and his organization, The Right to Life of NY, marched and picketed at a funeral and yelled at the people that their son died serving a country that had abandoned God and supported abortion, and their son was punished by God. Abortion is a moral wrong and a just society should make abortion unlawful they yelled. The family sued Steven and the organization for intentional infliction of emotional distress. Steven claimed protection of the First Amendment. The Right to Life of N.Y. were on church property when they protested. The court will _____________. Question * options: grant the protestor's motion to dismiss which asserted First Amendment protection review the complaint under strict scrutiny both a & b deny the protestor's motion to dismiss which asserted First Amendment protection
The court's decision in this case will depend on various factors. If the court determines that Steven's actions were protected under the First Amendment, it might grant the protestor's motion to dismiss. Conversely, if the court finds that the actions caused severe emotional distress and were not protected speech, it may deny the motion to dismiss. The court may also apply strict scrutiny to the complaint, examining whether the action in question serves a compelling state interest and is narrowly tailored to achieve that interest.
Susan buys a set of coins for $* knowing they are worth $*,*. Cindy, who sold the coins, finds out the true value of the coins and sues Susan to get them back. Both parties agree that the coins are worth $*,* and that Susan knew that when she bought them from Cindy. Cindy argues that the sale was voidable because the consideration was not equal. The court agreed they were not equal and Susan knew it. The court will rule the contact is voidable. Question * options: TRUE FALSE
The assertion that the court will rule the contract is voidable because the consideration was not equal could be "FALSE". In Pennsylvania, unequal consideration does not necessarily make a contract voidable as long as both parties agreed to the terms. However, the final decision depends on the specific circumstances and laws applied.
A Jones Airways plane falls out of the sky. The investigation shows that the altitude measuring device was defective. The device made the nose of the plane push down and when the pilot tried to make the plane push up, the plane crashed. The family discovers that the company that made the device knew of the defect. Under tort theory, the family sues under______. Question * options: negligent design breach of warranty negligent manufacturing failure to warn both a & c
Under tort theory, the family in this case could sue under the claim of "both a & c": negligent design and negligent manufacturing. If they can prove that the company knew about the defect and didn't correct it or warn customers, they may have a strong case.
A Jones Airways plane falls out of the sky. The investigation shows that the altitude measuring device was defective. The device made the nose of the plane push down and when the pilot tried to make the plane push up, the plane crashed. The family can prove that Jones Airways knew of the defect a year before the crash. The family sues under ____________. Question * options: negligent design breach of warranty negligent manufacturing failure to warn b & d
Given the situation and evidence provided, the family of the victims could potentially sue under "b & d": breach of warranty and failure to warn. This would imply that Jones Airways knew of the defect and failed to notify or warn its customers, thereby breaching their duty of care.
Abby sues Adam for driving drunk which resulted in her being in the hospital for six months with two broken legs and other injuries. She sues him for lost time in her life, inability to be home with her husband, pain, and suffering. She also sues him for the costs of the hospital. The hospital costs are _______ damages. Question * options: general special
Answer: The hospital costs that Abby is suing Adam for are considered "special" damages. These are quantifiable costs related to the accident, such as medical bills.
James prints that Senator Adams, who is chair of a committee investigating the link between porn and child abuse and has made public pronouncements against porn, actually watches porn and as an *-year-old was in a porn movie. Senator Adams sues James and the newspaper for invasion of privacy. James and the paper claim _________ as a defense. Question * options: newsworthy – public interest truth consent necessity
James and the paper could claim either "newsworthy – public interest" or "truth" as a defense. If what they printed is factually correct, "truth" is a complete defense to defamation. Or if the information is deemed to be of public concern, they could argue it's "newsworthy". The final decision would depend on the specific circumstances and laws applied.
Cindy agrees to buy a car for $*,* and a house for $*,* from James. They agree and shake hands. Cindy gives James $*,* as down payment for the house. The contract is ____________ in a court of law. Question * options: valid voidable unenforceable
The contract between Cindy and James is likely to be "valid" in a court of law. However, it's important to note that for a contract to be enforceable, it generally must be in writing and contain specific elements: an offer, acceptance, consideration, and mutual intent to be bound.
Adam is arrested for breaking a California law and he claims that the law is unclear on its face so as to make it impossible to know what the law actually outlaws. Adam is arguing that the law is __________. Question * options: overbroad content neutral vague chilling effect
Answer: Adam is arguing that the law is "vague". When a law is unclear or too broadly defined, making it difficult for individuals to understand what conduct is prohibited, it can be argued as being vague.
_________ of the U.S. Constitution guarantees the states a republican form of government. Question * options: Article II Article V Article III Article I Article IV
Article IV of the U.S. Constitution guarantees the states a republican form of government.
Cindy and Rachel are in a dispute over a contract. Cindy sues Rachel for breach of contract. Rachel files a motion to dismiss asserting she did not sign the contract. The court agrees that Rachel did not sign the contract. The court will grant the motion. Question * options: TRUE FALSE
The statement "The court will grant the motion because Rachel did not sign the contract" is likely to be "TRUE". If Rachel did not sign the contract, it can be argued that she did not agree to its terms and therefore cannot be held liable for breaching it. However, the final decision will depend on the specific circumstances and laws applied.
Extreme and outrageous behavior is an element in _____________. Question * options: assault battery intentional infliction of emotional distress invasion of privacy
Extreme and outrageous behavior is an element in "intentional infliction of emotional distress". This is an intentional tort where the defendant's outrageous conduct causes severe emotional distress to the plaintiff.
Kelly and Robert, who have been dating for six months, are in his house and Kelly falls asleep in Robert's arms. Robert picks her up and places her on the couch, takes off her heels, slips off her dress, unhooks and removes her bra, and then looks at her. He then wraps her in a blanket and then has his *-pound therapy dog lie down on her legs. He leaves and closes the door behind him. The door locks from the outside. He goes upstairs to do work. Kelly wakes up and can't move because of the weight of the dog and the blanket. When she frees herself, she looks at herself and says, "oh he undressed me again. He does that every time I fall asleep in his arms." She gets dressed, pets his dog, and finds the door is locked. She can't get out. Robert opens the door when she knocks on it. When Robert undressed Kelly and looked at her, he invaded her privacy. Question * options: TRUE FALSE
The statement "When Robert undressed Kelly and looked at her, he invaded her privacy" could be "TRUE". Even though they are in a relationship, Robert undressing Kelly while she's unconscious could be considered an invasion of privacy. However, the final decision would depend on specific circumstances, Kelly's expectation of privacy, and consent given in their relationship. It's important to note that consent can be withdrawn at any time.
Kelly and Robert, who have been dating for six months, are in his house and Kelly falls asleep in Robert's arms. Robert picks her up and places her on the couch, takes off her heels, slips off her dress, unhooks and removes her bra, and then looks at her. He then wraps her in a blanket and then has his *-pound therapy dog lie down on her legs. He leaves and closes the door behind him. The door locks from the outside. He goes upstairs to do work. Kelly wakes up and can't move because of the weight of the dog and the blanket. When she frees herself, she looks at herself and says, "oh he undressed me again. He does that every time I fall asleep in his arms." She gets dressed, pets his dog, and finds the door is locked. She can't get out. Robert opens the door when she knocks on it. Assume that when Kelly woke up, she panicked that she had been raped and ever since then she is unable to leave her house. Her doctor said she is having an extreme emotional reaction. She can sue Robert for Intentional Infliction of Emotional Distress. Question * options: TRUE FALSE
Kelly and Robert, who have been dating for six months, are in his house and Kelly falls asleep in Robert's arms. Robert picks her up and places her on the couch, takes off her heels, slips off her dress, unhooks and removes her bra, and then looks at her. He then wraps her in a blanket and then has his *-pound therapy dog lie down on her legs. He leaves and closes the door behind him. The door locks from the outside. He goes upstairs to do work. Kelly wakes up and can't move because of the weight of the dog and the blanket. When she frees herself, she looks at herself and says, "oh he undressed me again. He does that every time I fall asleep in his arms." She gets dressed, pets his dog, and finds the door is locked. She can't get out. Robert opens the door when she knocks on it. Assume that when Kelly woke up, she panicked that she had been raped and ever since then she is unable to leave her house. Her doctor said she is having an extreme emotional reaction. She can sue Robert for Intentional Infliction of Emotional Distress. Question * options: TRUE FALSE
Kelly and Robert, who have been dating for six months, are in his house and Kelly falls asleep in Robert's arms. Robert picks her up and places her on the couch, takes off her heels, slips off her dress, unhooks and removes her bra, and then looks at her. He then wraps her in a blanket and then has his *-pound therapy dog lie down on her legs. He leaves and closes the door behind him. The door locks from the outside. He goes upstairs to do work. Kelly wakes up and can't move because of the weight of the dog and the blanket. When she frees herself, she looks at herself and says, "oh he undressed me again. He does that every time I fall asleep in his arms." She gets dressed, pets his dog, and finds the door is locked. She can't get out. Robert opens the door when she knocks on it. Assume Kelly sues Robert for false imprisonment. Robert's best defense is _________. Question * options: consent lack of knowledge of confinement lack of intent of confinement justification a & b
Robert's best defense in the case of false imprisonment could be "a & b", which are "consent" and "lack of knowledge of confinement". This would imply that Kelly had previously consented to such actions, and that Robert was unaware that his actions led to Kelly's confinement. However, the specifics of the case and local laws would heavily influence the outcome.
Kelly and Robert, who have been dating for six months, are in his house and Kelly falls asleep in Robert's arms. Robert picks her up and places her on the couch, takes off her heels, slips off her dress, unhooks and removes her bra, and then looks at her. He then wraps her in a blanket and then has his *-pound therapy dog lie down on her legs. He leaves and closes the door behind him. The door locks from the outside. He goes upstairs to do work. Kelly wakes up and can't move because of the weight of the dog and the blanket. When she frees herself, she looks at herself and says, "oh he undressed me again. He does that every time I fall asleep in his arms." She gets dressed, pets his dog, and finds the door is locked. She can't get out. Robert opens the door when she knocks on it. Kelly tells her friends that two weeks ago Robert undressed her and she woke up to find him massaging her leg. She told him not to do that while she was sleeping. A week later he did it again. She can prove ___________.
Jamie is arrested for entering a girl's bathroom. Jamie is male. Jamie argues that the law punishes him for entering a room simply and exclusively because he is a male. He argues that this discrimination is unconstitutional on its face. What level of scrutiny will the court apply? Question * options: Rational basis Intermediate Scrutiny Strict Scrutiny Undue Burden
The court will likely apply "Intermediate Scrutiny" in this case. This level of scrutiny is typically used in cases involving discrimination based on gender. The state will need to prove that the law serves an important governmental objective and that the discriminatory means employed are substantially related to the achievement of those objectives.
Cindy is convicted of murder. What is the first and second thing her attorney will argue to the court? Question * options: Motion to set aside the verdict & files appeals to the appellate court Motions of Post-conviction legal arguments & files appeals to the appellate court Motion for a new trial & motion to set aside the verdict Motion to set aside the verdict & Motions of Post-conviction legal arguments
The first and second things Cindy's attorney may likely argue to the court after a murder conviction in Pennsylvania are:
*. Motion for a new trial: This requests the court to reevaluate the case due to potential errors that could have affected the outcome.
*. Motion to set aside the verdict: This argues that the jury's verdict was unreasonable or unsupported by the evidence presented in the trial.
Kelly sues K & G pluming when its employee hits her in a car accident. The employee and Kelly both live in Pennsylvania but K & G operates in New Jersey. Kelly sues K & G in Pennsylvania. What does Kelly have to prove to survive a motion to dismiss? Question * options: prove repsondeat superior prove that K & G has minimum contacts with Pennsylvania prove it would be fair to hold K & G liable in Pennsylvania prove only a & c all of the above
To survive a motion to dismiss, Kelly may need to "prove all of the above":
*. Prove respondeat superior, establishing that the employee was acting within the scope of their employment during the accident.
*. Prove that K & G has minimum contacts with Pennsylvania, showing the court has jurisdiction over the case.
*. Prove it would be fair to hold K & G liable in Pennsylvania, indicating the appropriateness of the forum for the lawsuit.
Amber found out that Cindy was sleeping with the professor for grade improvement by following her and taking pictures of Cindy and the Professor going into a hotel room. Amber then published the pictures in a news story. Amber committed______________. Question * options: assault battery intentional infliction of emotional distress invasion of privacy
Amber committed "invasion of privacy". By taking and publishing pictures without Cindy's consent, especially in a situation that can be considered private, Amber has invaded Cindy's privacy.