Marbury v. Madison Quiz
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Questions and Answers

What dilemma did John Marshall face in Marbury v. Madison?

  • He had to decide whether to enforce a writ of mandamus, which could either strengthen or weaken the Supreme Court's power. (correct)
  • He needed to determine if the Judiciary Act of 1789 superseded the Constitution.
  • He had to decide whether to rule in favor of the Federalists or the Democratic-Republicans.
  • He faced pressure from both the executive and legislative branches to rule in their favor.

    • According to Marbury v. Madison, what is the role of the judicial branch in relation to laws and the Constitution?

  • The judicial branch has the power to invalidate laws that conflict with the Constitution. (correct)
  • The judicial branch is bound by the decisions of the legislative and executive branches.
  • The judicial branch has the power to interpret the Constitution, but cannot invalidate laws.
  • The judicial branch has the power to create new laws when necessary.

    • Which of these statements accurately reflects the court's decision on whether Marbury had the legal right to the commission?

  • The court ruled that Marbury did not have a legal right to the commission, as Adams' appointment was invalid.
  • The court ruled that Marbury had a legal right to the commission, but could not grant it through a writ of mandamus.
  • The court ruled that Marbury had a legal right to the commission because Adams appointed him before leaving office. (correct)
  • The court ruled that Marbury had the legal right to the commission, but his appointment procedures were flawed.

    • What was the primary limitation on the Supreme Court's jurisdiction in original cases, as defined by Article 3 of the Constitution?

    <p>Original cases involving disputes between citizens of different states. (D)</p> Signup and view all the answers

    Which of the following best explains why the Supreme Court decided to deny Marbury's request for a writ of mandamus?

    <p>The court determined that the Judiciary Act of 1789 was unconstitutional in this context. (C)</p> Signup and view all the answers

    What is the main social responsibility of a business in a free society?

    <p>To engage in activities that maximize profits, while abiding by the rules of fair competition and honesty. (A)</p> Signup and view all the answers

    When a U.S. firm wishes to limit its involvement in an international market, what type of relationship is typically established with a foreign firm?

    <p>Agency Relationship (D)</p> Signup and view all the answers

    What is the common strategy employed by U.S. firms when they aim to reduce manufacturing costs, particularly for labor, shipping, and raw materials?

    <p>Establishing manufacturing plants abroad (A)</p> Signup and view all the answers

    What is a key advantage of a U.S. firm establishing a wholly owned subsidiary abroad?

    <p>Greater control over operations in the foreign country (D)</p> Signup and view all the answers

    Which of the following is NOT required for a U.S. court to compel parties to arbitrate a dispute under the New York Convention?

    <p>One party to the agreement must be a U.S. citizen (D)</p> Signup and view all the answers

    What is the primary method used by the U.S. Congress to regulate exports, despite the constitutional provision prohibiting taxes on exported goods?

    <p>Employing various methods to restrict or encourage exports (D)</p> Signup and view all the answers

    What is the purpose of a distribution agreement between a U.S. firm and a foreign distributor?

    <p>To sell and distribute goods in a foreign country (B)</p> Signup and view all the answers

    In a joint venture, what percentage of ownership does a U.S. firm typically hold?

    <p>It can vary depending on the agreement (A)</p> Signup and view all the answers

    What is the primary reason for a firm to engage in licensing its technology to a foreign company?

    <p>To gain access to new markets (A)</p> Signup and view all the answers

    In the context of abnormally dangerous activities, what is the legal responsibility placed on the individual or organization engaging in such an activity?

    <p>They are ultimately responsible for any injuries caused by the activity, regardless of reasonable care taken. (A)</p> Signup and view all the answers

    What is the key factor that triggers a duty of care in a legal context?

    <p>The nature of the relationship between the individual providing care and the injured person. (B)</p> Signup and view all the answers

    Under what circumstances does a person who voluntarily begins to render assistance assume a duty to proceed with reasonable care?

    <p>When they make a decision to offer aid to someone in need. (B)</p> Signup and view all the answers

    What is the key element that the plaintiff must establish to prove a breach of duty in a negligence case?

    <p>The defendant's failure to meet the standard of care owed to the plaintiff. (C)</p> Signup and view all the answers

    How does case precedent play a role in determining a breach of duty?

    <p>It provides examples and guidance on what constitutes an unreasonable risk of harm. (A)</p> Signup and view all the answers

    Which of the following is NOT a factor that could establish a breach of duty in a negligence case?

    <p>A pedestrian crossing the street without looking for oncoming traffic. (B)</p> Signup and view all the answers

    What is the main goal of most businesses in a capitalist system, according to the text?

    <p>To maximize profits by increasing revenue and minimizing costs. (D)</p> Signup and view all the answers

    What are examples of "internal costs" that companies face?

    <p>Labor costs and workplace safety measures. (B)</p> Signup and view all the answers

    What is the key argument made by Milton Friedman regarding the "Principled Defense" of capitalism?

    <p>Capitalism allows for a free market where individuals can choose to participate or not. (B)</p> Signup and view all the answers

    What does the "Invisible Hand" refer to in the context of capitalism?

    <p>The self-regulating nature of the market that leads to efficient resource allocation. (C)</p> Signup and view all the answers

    How does capitalism affect the allocation of resources to solve problems like pollution caused by corporations?

    <p>Corporations prioritize profit maximization, leading to minimal investment in addressing the problem. (D)</p> Signup and view all the answers

    What is the central argument of the Murphy v. National Collegiate Athletic Association (2018) case?

    <p>State governments have the authority to decide whether or not to legalize sports gambling. (B)</p> Signup and view all the answers

    What is the outcome of the Murphy v. National Collegiate Athletic Association (2018) case?

    <p>States have the right to legalize sports gambling unless a national prohibition is passed by Congress. (B)</p> Signup and view all the answers

    What is the main defense of capitalism, according to the text?

    <p>Freedom of Choice (A)</p> Signup and view all the answers

    What is the legal doctrine that states that a defendant's actions or inactions directly led to the plaintiff's injury?

    <p>Causation (B)</p> Signup and view all the answers

    In a negligence case, what is the primary distinction between 'cause in fact' and 'proximate cause'?

    <p>Cause in fact refers to the direct cause of an injury, while proximate cause refers to the legal limits of liability for that cause. (B)</p> Signup and view all the answers

    What is a 'superseding intervening cause' in the context of proximate cause?

    <p>A separate, unrelated event that significantly alters the course of events after the defendant's action. (A)</p> Signup and view all the answers

    How does 'multiple causes in fact' affect liability in a negligence case?

    <p>The plaintiff can choose to pursue a claim against any or all of the defendants, and each defendant could be fully liable for the entire injury. (B)</p> Signup and view all the answers

    Which of the following scenarios illustrates the concept of 'cause in fact'?

    <p>A construction worker forgets to place warning cones around a hole in the sidewalk, and a pedestrian falls into the hole and breaks their leg. (D)</p> Signup and view all the answers

    What is the primary difference between the 'direct causation view' and the 'proximate causation view' in negligence cases?

    <p>The direct causation view is stricter, holding defendants liable for all foreseeable consequences, while the proximate causation view allows for exceptions based on intervening factors. (B)</p> Signup and view all the answers

    In what way does the doctrine of 'negligence per se' relate to the concept of causation?

    <p>Negligence per se only addresses the duty of care, while causation still needs to be proven separately. (B)</p> Signup and view all the answers

    Which of the following scenarios best illustrates the application of 'multiple causes in fact'?

    <p>A driver runs a red light and collides with another car, injuring the driver and passenger in the other vehicle. (A)</p> Signup and view all the answers

    Flashcards

    Judiciary Act of 1789

    Legislation that established the federal judiciary, including SCOTUS.

    Writ of Mandamus

    A court order compelling someone to perform a duty they are obligated to complete.

    Marbury's Commission

    The legal paperwork appointing Marbury as a justice of the peace.

    SCOTUS Authority on Mandamus

    SCOTUS was found to lack authority to issue a writ of mandamus in this case.

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    Article 3 of the Constitution

    Section of the Constitution that outlines the judicial branch and SCOTUS's jurisdiction limits.

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    Murphy v. NCAA (2018)

    A case ruling that PASPA is unconstitutional, allowing states to legalize sports gambling.

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    PASPA

    The Professional and Amateur Sports Protection Act that prohibited states from legalizing sports betting.

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    10th Amendment

    The Constitutional amendment that reserves powers not delegated to the federal government for the states.

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    Capitalism

    An economic system where businesses aim to maximize profits through revenue and cost management.

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    Fiduciary Responsibility

    An obligation of corporate leaders to act in the best interest of the company's shareholders.

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    Invisible Hand

    A metaphor for the self-regulating nature of the marketplace, leading to efficient resource allocation.

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    Public Expenditure

    Government spending on projects like education or infrastructure, which can benefit businesses.

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    Centralized Planning

    A system where resource allocation is directed by a central authority, often leading to inefficiencies.

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    Social Responsibility of Business

    The obligation of businesses to use resources and engage in activities that increase profits while adhering to ethical competition.

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    Corporate Personhood

    The legal recognition of corporations as having a distinct identity separate from its shareholders.

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    Hobby Lobby Case

    A Supreme Court case where Hobby Lobby challenged the Affordable Care Act's contraceptive coverage requirement based on religious beliefs.

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    Citizens United Ruling

    A 2010 Supreme Court decision that allowed corporations to spend unlimited money on political campaigns as free speech.

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    Baron Edward Thurlow's Quote

    A statement arguing that corporations lack moral responsibility unlike individuals, emphasizing their legal identity.

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    Fractious American Left

    A diverse left-leaning political faction united by a common belief that corporations should not have the same rights as individuals.

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    Corporate Control

    The notion that increasing corporate personhood may lead to better regulation and control of corporate power.

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    Affordable Care Act (ACA)

    A federal law that requires companies to provide employees with health insurance covering various medical services, including contraceptives.

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    Agency Relationship

    A legal arrangement where a foreign firm acts on behalf of a U.S. company in a foreign market.

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    Distribution Agreement

    A contract between a U.S. firm and a foreign distributor to sell products in their market.

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    Benefits of Manufacturing Abroad

    Advantages such as lower costs, fewer regulations, and reduced taxes from setting up overseas factories.

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    Licensing Technology

    Allowing a foreign firm to use patented technology in exchange for royalties.

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    Wholly Owned Subsidiary

    A foreign entity completely owned and controlled by a U.S. parent company.

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    Joint Venture

    A business arrangement where two companies share ownership and control of a project or enterprise.

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    New York Convention for Arbitration

    International treaty that compels arbitration for disputes under certain conditions.

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    Export Controls

    Regulatory measures to restrict or encourage exports by the U.S. government.

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    Negligence

    Failure to exercise the care that a reasonably prudent person would under similar circumstances.

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    Causation in Negligence

    A legal concept that links the defendant's conduct to the plaintiff's injury in negligence cases.

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    Cause in Fact

    A determination that a plaintiff would not have been harmed but for the defendant’s actions.

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    Proximate Cause

    A legal standard to determine if the harm was a foreseeable consequence of the defendant's actions.

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    Negligence Per Se

    A legal doctrine where an act is considered negligent because it violates a statute or regulation.

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    Multiple Causes in Fact

    When more than one defendant's actions contribute to the plaintiff's injury, each can be liable.

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    Direct Causation

    The idea that defendants are liable for all consequences of their negligent acts if no intervening forces occurred.

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    Superseding Cause

    An event that intervenes and disrupts the causal chain, absolving the defendant from liability for the resulting harm.

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    Abnormally Dangerous Activity

    Activities that carry a significant risk of harm, regardless of precautions taken.

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    Duty of Care

    A legal obligation to ensure the safety of others based on the relationship with them.

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    Lifeguard Responsibility

    Lifeguards are obligated to protect swimmers due to their professional role.

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    Assuming Responsibility

    When someone voluntarily aids another, they must act with reasonable care to avoid harm.

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    Breach of Duty

    Failure to conform to a standard of care owed to another, resulting in harm.

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    Unreasonable Risk of Harm

    A risk that a reasonable person would not take, leading to potential injury.

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    Case Precedent

    Previous legal cases that establish a standard for determining breach of duty.

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    Assumption of Risk

    The understanding that certain inherent risks exist in specific activities.

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    Study Notes

    Sources of American Law

    • The U.S. Constitution and the state constitutions are fundamental sources of law.
    • Statutory law is enacted by legislative bodies at various levels of government.
    • Administrative law consists of rules, orders, and decisions made by administrative agencies.
    • Common law is based on court decisions. Stare decisis, the principle of following precedent, guides court decisions.

    Second Amendment

    • The Second Amendment protects the right to bear arms, though interpretation is debated.
    • The right to keep and bear arms is not absolute and can be regulated.
    • The Supreme Court has interpreted the Second Amendment, and rulings regarding its scope continue to evolve.

    Constitutional Interpretation

    • The Supreme Court holds the final say in interpreting the Constitution.
    • It establishes meaning and boundaries of constitutional rights.

    Administrative Agencies

    • These agencies are created by legislative bodies at federal, state, or local levels.
    • These agencies are given specific functions and authority based on statutes.
    • Executive agencies, like the Bureau of Alcohol, Tobacco, and Firearms, operate under presidential influence.

    Common Law

    • Court decisions shape legal interpretations related to Constitutional provisions, statutory law, and regulations.
    • These court decisions serve as guides for future judgments (Stare Decisis).

    Secondary Sources of Law

    • Summarizes and clarifies primary sources such as legal encyclopedias, restatements (of the law), and treatises.
    • Includes articles published in law journals and legal periodicals.

    International Law

    • International law arises from customs, treaties, and international organizations.
    • National laws can be enforced by their governments but enforcing international law is complicated.
    • US courts ultimately decide cases involving international law and agreements.

    Ethical Theories

    • Ethical theories, such as utilitarianism (greatest good for the greatest number), and deontology (duty and obligation), are used to guide ethical decision making.

    Types of Law

    • Criminal Law: Addresses criminal behavior, and penalties.
    • Civil Law: Deals with private rights and remedies when one individual claims another has wronged them.

    Criminal Law

    • Defines criminal acts and specifies punishments.
    • Criminal cases must prove guilt beyond a reasonable doubt.
    • Different classes of criminal acts and crimes exist (felonies, misdemeanors etc.).

    Civil Lawsuits

    • One party sues another to resolve a claim that one party injured the other.
    • It involves less evidence for proof than a criminal trial: a plaintiff only has to show by a preponderance of evidence to the standards in the case that a defendant is liable.

    Civil Procedure

    • Lawsuits have several phases including a trial.
    • Summary judgment (no need for trial).
    • Parties must prove their case.

    Trial Courts

    • Initial proceedings in lawsuits.
    • Fact determination and application of relevant law.
    • Decision whether to use a jury.

    Appellate Courts

    • Review lower court decisions.
    • Examine procedural and legal errors.
    • Opinions of the courts and judgments are used as precedent for lower courts.

    US Court System

    • Federal and state court systems exist.
    • Supreme Court is the highest court in both instances.
    • Courts of appeals and district/ trial courts make up the lower-level courts.

    Court Process

    • Parties present legal arguments, evidence, and testimony.
    • Judges make procedural rulings, and determine legal issues to be applied in cases.
    • Judges rule on motions, and decisions.

    Judicial Review

    • Court can decide on the constitutionality of laws and government actions.
    • Court rulings guide subsequent actions in the court system.

    Jurisdiction

    • Courts must have authority over the parties involved in a case
    • The concept of subject matter jurisdiction applies to a type of case
    • Personal jurisdiction covers the parties involved.
    • Geographical restrictions may apply.

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    Test your knowledge on the landmark Supreme Court case, Marbury v. Madison. This quiz covers key dilemmas faced by John Marshall, the role of the judicial branch, and the court's decisions regarding Marbury's legal rights. Explore the implications of this important case on the interpretation of the Constitution.

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