Reference no: EM132235191

The discussion is based on the United States law and judiciary system. A memorandum along with some multiple choice question has been conducted with proper knowledge on the field. case study has been carried out and proper answer relating to case is also been provided.

QUESTION 1
Stare Decisis can be defined as a Latin term meaning:
A. To stand by a decision: the theory that previous case law is to be respected by other judges in interpreting law
B. The thing speaks for itself: the notion that previous statements of fact are adopted as true
C. Freedom to be free: the theory that law is created by the free expression of humankind and should thereby be respected
D. Inherently dangerous: the theory that some acts are so dangerous that negligence is presumed

QUESTION 2
The elements of negligence are:
A. Breach, damages, causation
B. Duty, breach, causation
C. Breach, injury, damages
D. Duty, damages, injury

QUESTION 3
Free speech is:
A. The right to express yourself without government intervention, in any way you want
B. Expression without restraint
C. The right to perform physical acts or methods of communication that are harmful to others
D. The right to be protected from undesirable feedback after you communicate a thought

QUESTION 4
The seminal case Brandenburg v. Ohio set forth the precedent that the government cannot punish inflammatory speech unless the following threshold element is met:
A. Imminent lawlessness
B. Riot speech
C. Clear and present danger
D. Hate speech

QUESTION 5
In the seminal case of Jacobellis v. Ohio, United States Supreme Court Justice Potter Stewart famously described obscenity as:
A. Something impossible in these modern times
B. Something created to incite or inflame societies core values
C. Something that he knew when he saw it
D. Something giving rise to the prurient interest

QUESTION 6
Laws created to protect journalists and their sources are called:
A. Proposition 50
B. Eagle laws
C. Free Hat laws
D. Shield laws

QUESTION 7
Based on our discussions in class, BURGLARY can be defined as:
A. Breaking and entering with the with the intent of taking the residence or building as your own
B. Unlawful taking of an item from another by force or fear
C. Unlawful entry into the dwelling of another with the intent to commit a larceny or felony therein
D. Breaking and entering with the intent to commit robbery or petty theft

QUESTION 8
Based on our discussions in class, ROBBERY can be best defined as:
A. Breaking and entering with the with the intent of taking the residence or building as your own
B. Breaking and entering with the intent to commit robbery or petty theft
C. Unlawful entry into the dwelling of another with the intent to commit a larceny or felony therein
D. Unlawful taking of an item from another by force or fear

QUESTION 9
The right to privacy of people within the State of California is expressly granted through:
A. United States Constitution
B. California Constitution
C. Proposition 50a of 1909
D. Proposition 50a of 1901

QUESTION 10
When a court is not allowed to hear a certain type of matter, that is often because the court lacks:
A. Civil Procedure
B. Subject Matter Jurisdiction
C. Vestment
D. Liability

QUESTION 11
Personal Jurisdiction over a person by a court concerns:
A. Whether a person is liable for their actions given the inherently dangerous activity within which they were engaged
B. The ability of the court to enter a binding judgment as it relates to the person
C. Whether the court can hear certain types of cases
D. Whether a person has ever sued in that court before

QUESTION 12
David has just filed a lawsuit on behalf of himself and his adult son, Tony. David and Tony are both named as Plaintiffs. Tony personally served the lawsuit to the Defendants. Personal service is the preferable method of service in the state where David filed the lawsuit. Was the service successfully completed?
A. It depends on whether Tony and David knew where the defendants live. (hint: this is an incorrect answer)
B. It depends on whether Tony knew where the defendants live.
(hint: this is an incorrect answer)
C. NO
D. YES

QUESTION 13
Martin, a resident of California, sues David, a resident of Indiana. Martin files the lawsuit in California. To serve David, Martin mails a copy of the lawsuit to David. Indiana allows lawsuits to be served by mail. Was service perfected by Martin?
A. No, because Martin mailed the lawsuit himself.
B. Yes, because he used a method allowable in the state where the Defendant resides
C. No, because Martin used a method not allowed for service in California, where the lawsuit was filed
D. Yes, because David could reasonably expect to be hailed into court in California

QUESTION 14
Paula, a resident of Ventura County, sues David, a resident of Los Angeles County, by filing in the Superior Court of the State of California-County of Los Angeles. Is venue proper in Los Angeles County:
A. No, David can only be sued in Ventura County
B. No, Paula lives in Ventura County
C. Yes, Paula can file in any court she wants
D. Yes, David lives in Los Angeles County

QUESTION 15
Paula, a resident of Ventura County, sues David, a resident of Los Angeles County, by filing in the Superior Court of the State of California-County of Ventura. The cause of action relates to a car accident that occurred in Los Angeles County, wherein Paula was rear-ended by David. Is venue proper in Ventura County?
A. It depends on whether David had ever been to Ventura County.
B. NO
C. I'm not sure; more information is needed in order to determine proper venue.
D. YES

QUESTION 16
Don sues Michelle in the Superior Court of the State of California - County of Ventura for breach of contract relating to the purchase of supplies from Michelle for his photo printing business. Michelle wants to sue Don for a car accident from a year ago, wherein Michelle was injured. Must Michelle file the cross complaint in the lawsuit now pending in order to protect her right to obtain damages from Don?
A. No, Michelle has exceeded the statute of limitations and thereby cannot recover damages
B. Yes, both parties must bring all claims against each other at the same time, regardless of whether the claims are related
C. No, the claim does not arise from the same cause of action or events and thereby Michelle gets to choose whether to bring her claim as a cross complaint
D. Yes, Michelle did business with Don, so she must bring all claims now in order to promote swift resolution of all pending cases

QUESTION 17
The most common Motion to Strike seeks to strike what:
Incorrect spelling
Errors in Personal Jurisdiction
Errors in Subject Matter Jurisdiction
Punitive Damages

QUESTION 18
Don was protesting outside of a public library for many months regarding a proposed fee the library intended to charge to ‘borrow' books. The library sued Don for protesting, claiming he was causing them to lose business. After being served with the lawsuit, Don should file:
A. SLAPP Back motion
B. Motion for Directed Verdict
C. Anti-SLAPP motion
D. Motion Notwithstanding the Verdict

QUESTION 19
is written defamation:
A. Apostasy
B. Slander
C. Res Ipsa Loquitur
D. Libel

QUESTION 20
is spoken Defamation:
A. Res Ipsa Loquitur
B. Slander
C. Libel
D. Apostasy

QUESTION 21
The right to privacy is expressly granted in the Bill of Rights of the United States Constitution:
True
False

QUESTION 22
The are presently only eight seated justices on the United States Supreme Court. This vacancy in the ninth seat was created by:
A. The death of Antonin Scalia
B. Action of Judicial Senate
C. Executive Order
D. The retirement of Justice Emeritus John Paul Stevens

QUESTION 23
As discussed in our first lecture, the Federalist Party, led by outgoing President John Adams, forced through the Judiciary Act of 1801 that set forth the "midnight judges" appointment of several Federalist friendly judges and justices of the peace. This was done to:
A. Secure a strong Federalist party legacy.
B. Scare the common people by expanding the role of law and order in the newly formed society.
C. Disrupt laws regarding tari?s
D. Create a broader judicial branch

QUESTION 24
The Age Discrimination and Employment Act prohibits discrimination on the basis of age against individuals over the age of:
A. 40
B. 55
C. 62.5
D. 18

QUESTION 25
Section 504 of the Rehabilitation Act of 1973 requires in order to prevent discrimination.
A. Access to management or executive staff, or other designated personnel to report claims of harassment, abuse or discrimination
B. Companies to keep logs of potential discrimination or abuse that must be presented to the Department of Fair Employment and Housing upon request
C. Reasonable Accommodations
D. Reform of previous laws to encompass all human beings

QUESTION 26
Under the Americans with Disabilities Act (1990) a disability is defined as:
A. A condition that causes a person to be subject to further scrutiny in order to protect their interests
B. A defect in methods of performing everyday tasks and responsibilities
C. A mental or physical health condition that substantially limits one or more major life activities
D. A condition limiting the ability to perform or engage in the way of other individuals

QUESTION 27
I have recently created a new dishwasher that uses heated air in unique intervals of time to wash dishes without the need for water. I have created a logo of a dinner plate in the desert to represent the lack of water needed.
Additionally, I wrote a song about the way my dishwasher cleans dinnerware. I need to make sure that my creations are protected. Please describe the legal tools I would use to protect the above creations. You may do so in bullet point or paragraph form.
Arial 3 (12pt)
Path: p Words:0

QUESTION 28
The seminal case of New York Times v. Sullivan requires a requisite finding of before a public official may seek damages for defamation of character.
A. Premeditation
B. Violent threat
C. Actual Malice
D. Insolence

QUESTION 29
The Fourteenth Amendment to the Constitution of the United States of America applies the to the states.
A. Bill of Rights
B. Pentagon Papers
C. Magna Carta
D. Declaration of Independence

QUESTION 30
A is an example of something you would PATENT.
(choose the best answer)
A. A logo you created for your swimwear company
B. An innovative way to reengineer the working of a combustible engine to operate on water from the ocean
C. A poem you wrote for your best friend
D. An innovate new song you wrote that has over 1,000,000 views on YouTube

QUESTION 31
A is an example of something you would TRADEMARK.
(choose the best answer)
A. A logo you created for your swimwear company
B. A poem you wrote for your best friend
C. An innovative way to reengineer the working of a combustible engine to operate on water from the ocean
D. An innovate new song you wrote that has over 1,000,000 views on YouTube

QUESTION 32
A is an example of something you would COPYRIGHT.
(choose the best answer)
A. An innovative way to reengineer the working of a combustible engine to operate on water from the ocean
B. A poem you wrote for your best friend
C. An innovate new song you wrote that has over 1,000,000 views on YouTube
D. A logo you created for your swimwear company

QUESTION 33
In order to obtain a valid warrant, the four elements to be met are:
A. Supported by probable cause, executed by a neutral and detached magistrate, under oath or affirmation, and specifying with particularity the item or individuals to be seized
B. Supported by probable cause, executed by a neutral and detached
magistrate, with a signature of a member of the legislature, and specifying with particularity the item or individuals to be seized
C. Supported by reasonable suspicion, executed by a neutral and detached magistrate, under oath or affirmation, and specifying with particularity the item or individuals to be seized
D. Supported by a valid belief, executed by a neutral and detached magistrate, under oath or affirmation, and specifying with particularity the item or individuals to be seized

QUESTION 34
Melissa is a police officer. She arrested Christopher and placed him into her squad car on suspicion of selling bootleg copies of ‘The League.' Melissa had adequate grounds to arrest Christopher following a long undercover operation of his homeless encampment under the 101 freeway underpass at Havenhurst Avenue in Los Angeles, CA. The day after arresting Christopher, Melissa, without a warrant, returned to search the homeless shelter Christopher had built and justified such as a search incident to lawful arrest, thereby abrogating the warrant requirement for search. This search was lawful.
A. FALSE
B. TRUE
C. I, honestly, have no idea.

QUESTION 35
Officer Eric Cartman has been watching a residence for many weeks as part of an undercover drug sales operation. He has recently learned, through a confidential informant, that the suspects have been tipped off to a 4 a.m. raid by the Drug Enforcement Agency with whom Officer Cartman has been liaising with. In order to secure the evidence of the drug sales, Officer Cartman kicks down the door with his partner, Sargent Homer Simpson, detains the individuals inside and searches for drugs, knowing that they would shortly thereafter be flushed down the toilet.
Officer Cartman can justify this warrantless search based on the theory of:
A. Exigent Circumstances
B. Search incident to lawful arrest
C. Hot pursuit
D. Terry Stop

QUESTION 36
Officer Lucille Ball had a warrant to search a home for a suspected arsonist in the neighborhood of Camarillo, CA. While inside the home serving the warrant she saw a pile of white powder on a mirror in a room she was searching for the arsonist. Officer Ball is a certified drug recognition specialist, having had advanced training in identifying both drugs and individuals under the influence of drugs. Officer Ball knew immediately that the powder was cocaine. She was thereby able to seize the powder based on the theory of:
A. Inventory search
B. Exigent circumstances
C. Hot pursuit
D. Plain view

QUESTION 37
Officer Rick Grimes wanted to search a home for evidence of narcotics trafficking. Officer Grimes did not have a warrant. Despite this, Grimes decides to knock on the door to see if the occupants will consent to a search. A man comes to the door and is somewhat startled to see a police
officer. The man consents to the search and allows Grimes to enter the home. Grimes enters the home and finds a full scale methamphetamine production operation. Grimes later learned that the man who consented to the search was a friend of the homeowner's family. Was the search valid?
A. No, Grimes should have called his partner who is a drug recognition specialist
B. Yes, if Grimes reasonably believed the occupant had authority to grant consent
C. Yes, Grimes acted out of good faith in the belief that drugs were inside
D. No, Grimes did not have a warrant

QUESTION 38
Marshall Mathers was arrested for selling counterfeit compact discs from the group N.W.A. Shortly after being arrested, detectives wanted to interrogate Mathers in order to ascertain the extent of his criminal enterprise. Mathers refused and rightfully asserted his right to remain silent under the:
A. Sixth Amendment of the Unites States Constitution
B. California Constitution
C. Fifth Amendment of the United States Constitution
D. Fourteenth Amendment of the United States Constitution

QUESTION 39
After Mathers was charged with selling counterfeit compact discs he asserted his right to counsel under the Sixth Amendment to the United
States Constitution. Thereafter, thinking that he could make a deal with investigators, he sought to waive his right to counsel so he could implicate his friend who actually makes the counterfeit compact discs. Can police detectives lawfully speak with Mr. Mathers?
A. Yes, although he has asserted his right, he is free to waive it at any time in the future
B. No, he needs an attorney to advise him of his ability to waive his right
C. No, the right to counsel is absolute and can never be waived
D. Yes, he hasn't asserted his right under the proper Amendment to the United States Constitution

QUESTION 40
Ryan was attacked one night by his partner. Ryan called 911 because he needed police help to stop the attack. Ryan's partner was arrested and charged with Corporal Injury on a Spouse. At the trial, Ryan refused to testify. The District Attorney's office sought to introduce the 911 tape from Ryan as evidence. The defense objected based on the Confrontation Clause of the Sixth Amendment. The tape was allowed at trial. Why?
A. The Crawford exception because the 911 tape recording was non- testimonial
B. The hearsay exception to 911 tapes because it was an admission
C. The Crawford exception because the tape was properly maintained by law enforcement
D. The Fourth Amendment to the United States Constitution because the tape was an unlawful recording

QUESTION 41
The Fifteenth Amendment to the United States Constitution provides that no one will be denied the right to vote based on:
A. Being under the age of eighteen years old
B. Sex
C. Failure to pay a poll tax
D. Race, color or previous servitude

QUESTION 42
The Nineteenth Amendment to the United States Constitution provides that no one will be denied the right to vote based on:
A. Race, color or previous servitude
B. Being under the age of eighteen years old
C. Failure to pay a poll tax
D. Sex

QUESTION 43
The Twenty Fourth Amendment to the United States Constitution provides that no one will be denied the right to vote based on:
A. Failure to pay a poll tax
B. Race, color or previous servitude
C. Sex
D. Being under the age of eighteen years old

QUESTION 44
The Twenty Sixth Amendment to the United States Constitution provides
that no one will be denied the right to vote based on:
A. Race, color or previous servitude
B. Sex
C. Being under the age of eighteen years old
D. Failure to pay a poll tax

QUESTION 45

ESSAY QUESTION

On a sunny, breezy, Sunday afternoon in late October 2016, Regina George was holding a town hall style campaign meeting in hopes of securing her bid for the United States Senate.

Being back in her hometown was exciting for Regina given the travel associated with her busy campaign schedule. As such, Regina opted to leave straight from the campaign event and meet up with some friends at a restaurant in downtown.

While pulling into a parking space at "The," the hip new spot in the Arts District, Regina was suddenly rear ended by a 2004 Honda Civic. The person who hit Regina got out of her car and yelled, "You're a terrible person Regina, I hope you die." The person then ripped the license plate off of Regina's car and put it into her purse before running away.

The next day a newspaper published a report by Cady Heron. The article by Heron claimed that Regina, in a drunken stupor, backed into Cady's car causing severe injuries.

Needless to say, Regina is furious. Not only is Regina in pain following the car accident, but the story from Cady is hurting the campaign.

Regina will be meeting with your boss, the District Attorney for the County of Ventura to learn what crimes Cady will be charged with. The District Attorney has asked you to prepare a memorandum describing what crimes Cady can be charged with and why.