Chapter 5 Practice Questions | Assignments Law

Chapter 5 Practice Questions and Assignments

1. In the following hypothetical situations, identify the remedy being sought and whether it

is a remedy at law or a remedy in equity:

a. Brianna files a petition with the court. She is seeking compensation from Travis,

who failed to deliver new furniture as promised.

i. Remedy at law - Damages

b. Juan sues Bob, seeking to be compensated for the cost of replacing several new

trees that Bob’s dog destroyed.

i. Remedy at Law - Restitution

c. Laurie seeks to have a contract enforced for the sale of an antique Mercedes

automobile.

i. Remedy at Law - Specific Performance

d. Sam files a petition seeking to prevent the electric company from cutting down a

large tree on his property.

i. Remedy in equity - Injunction

2. Identify the type of law (common law, constitutional law, statutory law, or administrative

law) that applies in each of the following scenarios:

a. LaToya strongly disagrees with the U.S. government’s decision to declare war on

a foreign country. She places an antiwar sign in the window of her home. The city

passes an ordinance that bans all such signs.

i. Constitutional Law

b. An official of the state department of natural resources learns that the Ferris

Widget Company has violated the state’s Hazardous Waste Management Act.

The official issues a complaint against the company for not properly handling and

labeling its toxic waste.

i. Administrative Law

c. Mrs. Sams was walking down a busy street when two teenagers on skateboards

crashed into her because they were racing and not watching where they were

going. As a result of the teenagers’ conduct, Mrs. Sams broke her hip, and

according to her doctor, she will never walk normally again. Mrs. Sams’s attorney

files suit against the teenagers for damages.

i. Common Law

d. Joseph Barnes is arrested and charged with the crime of murder.

i. Statutory Law

3. Look at the U.S. Constitution in Appendix I of this text. Identify the amendment and

quote the relevant language in the Bill of Rights that gives U.S. citizens the following

rights and protections:

a. The right to freedom of the press.

i. 1st Amendment -Congress shall make no law respecting an

establishment of religion, or prohibiting the free exercise thereof, or

abridging the freedom of speech, or of the press; or the right of

the people peaceably to assemble, and to petition the

government for a redress of grievances

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Chapter 5 Practice Questions and Assignments

In the following hypothetical situations, identify the remedy being sought and whether it is a remedy at law or a remedy in equity: a. Brianna files a petition with the court. She is seeking compensation from Travis, who failed to deliver new furniture as promised. i. Remedy at law - Damages b. Juan sues Bob, seeking to be compensated for the cost of replacing several new trees that Bob’s dog destroyed. i. Remedy at Law - Restitution c. Laurie seeks to have a contract enforced for the sale of an antique Mercedes automobile. i. Remedy at Law - Specific Performance d. Sam files a petition seeking to prevent the electric company from cutting down a large tree on his property. i. Remedy in equity - Injunction
Identify the type of law (common law, constitutional law, statutory law, or administrative law) that applies in each of the following scenarios: a. LaToya strongly disagrees with the U.S. government’s decision to declare war on a foreign country. She places an antiwar sign in the window of her home. The city passes an ordinance that bans all such signs. i. Constitutional Law b. An official of the state department of natural resources learns that the Ferris Widget Company has violated the state’s Hazardous Waste Management Act. The official issues a complaint against the company for not properly handling and labeling its toxic waste. i. Administrative Law c. Mrs. Sams was walking down a busy street when two teenagers on skateboards crashed into her because they were racing and not watching where they were going. As a result of the teenagers’ conduct, Mrs. Sams broke her hip, and according to her doctor, she will never walk normally again. Mrs. Sams’s attorney files suit against the teenagers for damages. i. Common Law d. Joseph Barnes is arrested and charged with the crime of murder. i. Statutory Law
Look at the U.S. Constitution in Appendix I of this text. Identify the amendment and quote the relevant language in the Bill of Rights that gives U.S. citizens the following rights and protections: a. The right to freedom of the press. i. 1st Amendment -Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances

b. Protection from excessive bail and fines. i. 8th Amendment - Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted c. Protection against self-incrimination. i. 5th Amendment - No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. d. The right to counsel in criminal prosecutions. i. 6th Amendment - In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. e. The right to keep and bear arms. i. 2nd- A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Identify the constitutional amendment being violated in the following hypothetical situations: a. A state imposes the death penalty on a 17-year-old. i. 8th Amendment b. The federal government suppresses political speech based on the speaker’s identity as a corporation. i. 1st Amendment c. The police decide that because a house is located in a poor neighborhood, it must be a crack house. The police burst in, tear the house apart looking for drugs, and find nothing. i. 4th Amendment d. A local government bans handgun possession in the home. i. 2nd Amendment

Chapter 5 Practice Questions, Assignments of Law

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