Question

11-VidGames Inc. markets a variety of shooting, fighting, and hunting video games. A state statue is enacted to require all game makers to label any games with an option to kill something as “excessively violent.” A court would likely hold this regulation to be

a. justified by the need to protect individual rights.

b. necessary to protect national interests.

c. constitutional under the First Amendment.

d. an unconstitutional restriction of speech.

12-Under the First Amendment, in comparison with commercial speech, the protection given obscene speech is

a. non-existent.

b. equally extensive.

c. more extensive.

d. not as extensive.

13-John, a law enforcement official, monitors Kelsey’s Internet activities—e-mail and website visits—to gain access to her personal financial data and student information. This may violate Kelsey’s right to

a. free exercise.

b. free speech.

c. privileges and immunities.

d. privacy.

14-Federal regulations concerning medical devices directly conflict with a certain state law. Under the U.S. Constitution, which law takes precedence is determined by

a. the full faith and credit clause.

b. the privileges and immunities clause.

c. the commerce clause.

d. the supremacy clause.

15-George burns a U.S. flag in his backyard. He films the activity and posts the video on YouTube.com. George’s conduct is most likely

a. subject to reasonable restrictions under the due process clause.

b. protected by the First Amendment.

c. given strict scrutiny under the equal protection clause.

d. expressly prohibited by the Constitution.

16-In a phone call to Lou, Mia makes statements about Nye that injures Nye’s reputation. If Nye can prove all of the elements of defamation and Mia cannot assert a sufficient defense, Mia is most likely liable for

a. malice.

b. libel.

c. slander.

d. contempt.

17-Do-It-Rite Inc. makes and markets tools. Evan uses a Do-It-Rite power screwdriver to scrape grout—a purpose for which it was not intended—and is injured when the tool slips. Evan files a product liability suit against the maker. The defendant’s best defense is most likely

a. commonly known danger.

b. inadequate warning.

c. product misuse.

d. assumption of risk.

18-Without Data Corporation’s consent, Elias hacks into the firm’s computers and downloads trade secrets and other confidential information. Most likely, Elias is liable for the tort of

a. appropriation.

b. conversion.

c. battery.

d. trespass to land.

19-Cato is driving a car in which Diego is a passenger when an accident occurs. Diego is not injured. In Diego’s tort action against Cato for negligence, Cato can most likely assert as a successful defense that

a. Diego was not injured.

b. the risk of a car accident was foreseeable.

c. Diego breached his duty to warn the driver of the impending accident.

d. Cato did not intend to cause an accident.

20-Recharge Corporation makes batteries. Sol is injured when the Recharge battery in his phone bursts into flame. In Sol’s product liability suit against the maker, alleging a design defect, the court may consider

a. Recharge’s advertising.

b. an available alternative design.

c. Recharge’s share of its market.

d. Recharge’s knowledge of the uses of its battery.

Answer 1

11) A court would likely hold this regulation to be an unconstitutional restriction of speech.Because of it being against the constitution.

12) Under first amendent, in comparison with commercial speech, the protection given obscene speech is equally extensive.

13) This may violate kelsey's right to privacy.Because john gains access to personal data.

14) The law which takes precedence is determined by supermacy clause. As it relates to conflicts with in a state.

15) George's conduct is most likely expressly prohibited by the constitution.

16) Mia is most likely liable for slander. As the statements are spoken and not written.

17) The defendant's best defense is most likely commonly known danger.

18) Elias is liable for the tort of appropriation.Because of invasion of privacy involves use of professional gain.

19) Cato can most likely assert as a successful defense Diego was not injured.

20) The court may consider Recharge's knowledge of the uses of its battery.