1. Which of the following is an equitable remedy?
A) Arbitration
B) Money damages.
C) Mediation.
D) An injunction.
2. Which of the following defeats a federal statute in case of a clash between them?
A) A state statute.
B) A state constitution.
C) An equitable principle.
D) None of the above.
3. Which of the following is both civil and substantive?
B) A state murder statute.
C) A state's rules for the conduct of a civil trial.
D) A state's rules for appealing a civil judgment.
4. The doctrine of stare decisis:
A) Says that courts should follow the plain meaning of statutes and not worry about anything else.
B) Says that courts should look at legislative history when interpreting statutes.
C) Says that common law rules, once established, can never change.
D) Says that, in common law cases, like cases should be decided alike.
5. Westlake Online, an internet services provider, includes in its “clickwrap” contract a clause stating that California
A) Unenforceable because it was not the result of bargaining.
B) Enforceable if it is considered reasonable by a court.
C) Unenforceable against a subscriber in another state.
D) Enforceable if the subscriber does not file a motion to dismiss.
6. Defending against a federal district court suit by P, D claims that P has sued him in the wrong federal district court. D has raised a question of:
B) Venue.
C) In personam jurisdiction.
D) Standing.
7. Which of the following statements regarding commercial speech is true?
A) Commercial speech enjoys the same First Amendment protection as political expression.
B) Commercial speech is not protected if it misleads or seeks to promote illegal activity.
C) Receives intermediate protection if it is not misleading.
D) Both b and c.
8. In order for an unconstitutional denial of due process to exist, there must be:
A) Government action
B) A deprivation of liberty or property
C) A deprivation of liberty and property
D) a and b
E) a and c
9. The Nirvana State High School Athletic Association (NSHSAA) is a privately organized, not-for-profit entity which regulates interscholastic athletic competition among public and private high schools in the state. Although no schools are required to join, nearly all public and many private schools have done so. NSHSAA worked closely with the state board of education. The NSHSAA enforced an association rule against a member school, which brought a Fourteenth Amendment claim against the NSHSAA. NSHSAA will most likely:
A) Be considered a government actor.
B) Not be considered a government actor because high school athletics is not exclusively a state function.
C) Not be considered a government actor unless a state regulation compels high school athletics.
D) Be considered a government actor only if it receives extensive funding from the state.
10. In order for a state law to be preempted by federal law:
A) There must be a literal conflict between the state law and the federal law.
B) The federal law must specifically say that it preempts state law.
C) Both a and b.
D) Neither a nor b.
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