MIDTERM

1. MIDTERM

2. Bella, from Florida, wants to enforce a judgment in from California. Name what the section of US Constitution is called.

3. Name the provision of the US Constitution “No person shall be . . . deprived of life, liberty, or property” without” a hearing

4. At no time was Miranda told of his right to counsel. This violated the ______ Amendment.

5. What article and section of the US Constitution gives Congress their powers?

6. What is the standard of determining the commerce clause and whether Congress can pass federal laws that will govern those actions in the state.

7. What speech does the 1st Amendment not cover

8. Tennessee has new law – if you camp out on state property, you automatically go to jail for 24 hours. What provision of Constitution would this violate

9. If I put the Ten Commandments in MTSU classrooms – what Constitutional Amendment might be violated.

10. What is the factor that the court looks at in determining if the 10 Commandments violates the US Const.

11. Miranda was never told of his US Constitutional right not to answer questions. This violated the ______ Amendment.

12. TN passes DUI law that if a TN resident, can go to jail one year. If not a TN resident, can go to jail three years. What Constitutional Provision applies

13. Lindsay Lohan is suing the National Enquirer because they said she relapse again on drugs. In order to have a tort claim, She must prove it is _______________ and made with _________

14. If a Tennessee law conflicts with the US Constitution, US Const wins. What Constitutional provision applies

15. Fruit of the Poisonous Tree – what does this mean

16. What provision under US Const says we have a right to a jury trial

17. How much money must be involved to have a right to jury trial

18. Name law that governs labor organization – ie unions

19. Where do you go if you feel you have been discriminated because you are pro union.

20. If I go to my supervisor and tell supervisor that second shift is upset over some safety issues, what section and law may protect me.

21. What employers are covered under the NLRA

22. Name group of employees who are not covered under the NLRA and cannot be in a union.

23. What percentage is required just to ask for a union election?

24. Name a question to determine if employee is a supervisor

25. What percentage is required to vote to have a union?

26. An Employer allow charities to hand out information during lunch and breaks. What about union – why or why not

27. What does laboratory conditions means for an union election-

28. What is a collective bargaining agreement

29. What does impasse mean???

30. Once reach impasse what can employer do

31. What does right to work mean

32. What does decertification mean

33. What is mediation

34. What is arbitration

35. What are the rules about appealing an arbitrators decision if you do not like decision

36. If Casey Anthony confesses, she cannot go to jail. What Constitutional provision

37. What is the name of the federal court

38. John is from California and runs into Jane who lives in Murfreesboro. Wreck is in Murfreesboro. Where state sue?

39. Jane, TN has land in Kentucky and is a dispute with John, OH over the land. What state?

40. What is in rem jurisdiction

41. What is Diversity jurisdiction

42. Two people from different states - Defendant must have ________ with state

43. When you file a lawsuit, you “serve” this “person” or “entity” with the lawsuit. What is this “person” or “entity” called?

44. If silent investing partner stays silent and does not manage the company, the silent partner does not have any liability. Must file with state to show silent investing partner

45. There is no flexibility in how profits are split up among its owners. Split up depending on investments

46. What is the Foreign Corrupt Practice Act

47. Name 1 branch of government that enforced FCPA