Homework Assigned May 2, 2012 (Chapter 5 & 6)

100 pts
Due prior to class Monday May 7.
Submit by attaching a Word or WordPerfect document by email. Put H/W or homework in
the subject line of the email. You must put your name and your PIN number on your answers
(attached document). Refer to green sheet for additional information. 10 questions 100 points

1. If there is a conflict between a federal statute and a state statute, which

Constitutional clause will determine whether the federal statute or the state
statute controls the issue?
a. The commerce clause
b. The due process clause
c. The ratification clause
d. The supremacy clause
2. Which type of speech enjoys the greatest amount of constitutional protection?
a. Political speech
b. Commercial speech
c. Non-political, non-commercial speech
d. Obscenity
3. The government has decided to take Richards house and 3 acres of land to
make a public park. The government can do this by using _________, so long
as it pays Richard a just price for the house and land, pursuant to
_______________.
a. The Takings Clause; the power of eminent domain
b. The Supremacy Clause; the power of the purse
c. Its power of eminent domain; the Takings Clause
d. Its police power; a judicial order
4. Under the 14th Amendments Equal Protection clause, if a law infringes upon a
fundamental right, it is presumed to be:
a. Valid and will be upheld if it is rationally related to a legitimate goal.
b. Invalid and will be struck down unless it is necessary to a compelling
government interest.
5. A tort is:
a. punishable by imprisonment and/or a fine.
b. a violation of a duty imposed by civil law.
c. a dessert made with ice cream.
d. a civil contract which, if breached, can result in liability for damages.

6. Tom told Mary that Fred cheated on his last exam. (Fred actually did cheat on
his last exam.) Mary was on the admissions board of a university Fred wanted
to attend, and because of Toms statement, Mary denied admission to Fred.
a. Under tort defamation law, Tom will be found liable to Fred for damages.
b. Under tort defamation law, Tom will not be found liable to Fred for
damages.
7. The difference between the torts of battery and assault is:
a. With battery there is an actual touching of the plaintiff, while there is no
touching of the plaintiff with an assault.
b. There is no difference they are the same thing
c. The plaintiff must prove actual malice with a battery, but not with an
assault.
d. Battery is not an intentional tort; assault is an intentional tort.
8. The term actual malice in tort defamation law means:
a. the defendant intended to harm the plaintiff financially.
b. The defendant premeditated the tort.
c. The defendant expressed hatred in his statement about the plaintiff.
d. The defendant knew the statement was false or acted with reckless
disregard of the truth.
The test for whether a defendant breached a duty to the plaintiff is:
a.
res ipsa loquitur the thing speaks for itself.
b.
negligence per se if plaintiff belonged to a class a statute was
designed to protect.
c.
reasonable person - whether defendant failed to act as a reasonable
person in similar circumstances would have acted.
d.
factual causation whether defendants behavior physically led to the
ultimate harm.
9.

10. If a court applies a theory of strict liability, a defendant could be liable even
though she exercised extreme care and even though she did not intend any harm.
a.
true
b.
false