Test bank for business law the ethical global and e commerce environment 14th edition by mallor

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Chapter 01
The Nature of Law
True / False Questions

1. The U.S. Constitution recognizes the states' power to make law in certain areas.
True False

2. Uniform acts are model statutes drafted by private bodies of lawyers and/or scholars; they
become law only after legislature enacts them.
True False

3. The Restatements usually state binding common law rules, promulgated by the American
Law Institute.
True False

4. Common law is a state law and hence only the state courts can apply the same.
True False

5. If an international treaty signed in 1997 conflicts with a statute which was promulgated by
federal legislature in 2007 and the subject matter of conflict is purely domestic in nature, the
international treaty being the supreme law of land should prevail.
True False

6. Both civil and criminal liability can sometimes co-exist and can be claimed at the same
time.
True False

7. A State Homicide statute is an example of a Substantive law, Criminal Law and Public
Law.
True False

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8. Though formal natural law defense is not recognized in court, judges do take natural law
oriented views while interpreting a Statute.
True False

9. American legal realists distinguish between the "law in the books" and the "law in action"
and they recognize law as the behavior of public officials (mainly judges) as they deal with
matters before the legal system.
True False

10. The "Critical Legal Studies" movement regards the law as the product of political
calculation and class biases of lawmakers.
True False

11. The State Statute says, "a driver operating a motor vehicle on road above 60 miles per
hour must pay a fine of $50." Ann was driving her car at 65 miles per hour for which she was
arrested, but the fact could not be proven in Court of law. She will be required to pay the fine
as she had exceeded the speed limit.
True False

12. Doctrine of Stare Decisis states that like cases should be decided alike.
True False

13. Courts always interpret statutes by following the plain meaning of their words.
True False

14. The doctrine of standing to sue requires that, in order to be able to mount a civil suit, a
plaintiff must have some direct and considerable stake in the outcome of the suit.
True False

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15. Law does not allow parties to advance to the Court of Law seeking judgment on
controversial issues that have not yet risen between them.
True False

Multiple Choice Questions

16. Administrative agencies make:
A. executive orders.
B. agency decisions.
C. ordinances.
D. common law.

17. Which of the following is false regarding equity?
A. Today, most states have abolished separate equity courts.
B. The typical equitable remedy is money damages.
C. The rules of equity are not very precise and technical.
D. Equitable principles cannot defeat statutes.

18. Why were equitable remedies developed?
A. Because the common law rules were too flexible to accurately predict the outcome of
disputes.
B. Because the common law rules sometimes would produce unfair results.

C. Because statutes were too flexible to accurately predict the outcome of disputes.
D. Because statutes sometimes would produce unfair results.

19. 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. US Constitution.

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20. In general, when there is a conflict in law between a statutory rule and a common law rule
which rule will prevail?
A. The common law rule.
B. The statutory rule.
C. The rule that was last in time to be developed.
D. The common law rule will prevail but only if it was developed by a State supreme court.

21. Jeff was murdered in his residence in 1990. The murder remained unsolved till 2003,
when the DNA evidence established that Gulliver had committed the crime. At the time of the
murder, Gulliver was an employee at his parent's company, which serviced the telephone lines
of Jeff's residence. Gulliver was held guilty of the crime.
Later in the year, Jeff's daughter sued the Company that employed Gulliver, his parents and
two of his friends, alleging negligent hiring and monitoring of Gulliver. The defendant sought
dismissal of the claim on the theory that the plaintiff's action was barred by the statute of
limitation. Under such circumstances, will Jeff's daughter succeed?
A. Yes, because of Common Law "Discovery Rule".
B. Yes, as per laws of equity.

C. No, because it gets barred by Statute of Limitation and if a statutory provision and
common law conflict, the common law must yield.
D. No, because the case is already decided and Gulliver has been punished in an earlier case.

22. Which of the following is both civil and substantive?
A. A state's contract law.
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.

23. John was angry because Harry is now dating John's former girlfriend. One day, as John
was driving his car, he saw Harry walking by the side of the road. John deliberately swerved
and struck Harry with the car. John may be successfully sued under:
A. criminal law only.
B. civil law only.
C. either criminal law or civil law but not both.
D. both criminal law and civil law.

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24. Legal positivists typically say that:
A. an unjust law is not law.
B. validly of enacted laws should be obeyed, just or not.
C. the law should keep up with changing times.
D. justice is what the judge ate for breakfast.

25. Which of the following statements is most typical of American legal realists?
A. "Law is the command of the supreme law-making authority."

B. "The first requirement of a sound body of law is that it corresponds with the actual feelings
and demands of the community, whether right or wrong."
C. "What legal decision-makers actually do is more important than the legal rules written
down in books."
D. "An immoral or unjust law is not a law at all."

26. Which of the following is not the function of law?
A. Peacekeeping
B. Arming government with arbitrary absolute power
C. Promoting social justice
D. Protecting the environment

27. The doctrine of stare decisis says that:
A. courts should follow the plain meaning of statutes and not worry about anything else.
B. courts should look at legislative history when interpreting statutes.
C. common law rules, once established, can never change.
D. in common law cases, like cases should be decided alike.

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28. Henry and Barbara were sharing a Cool-Ayd cold drink, and were alarmed to find a
condom floating inside the drink. Distressed and nauseated, they rushed to the hospital to
undergo tests. On their doctor's suggestion, they underwent two successive HIV tests within a
period of 6 months. In the meantime, in an action for torts, Cool-Ayd analysts proved that the
object found in the bottle was indeed a sugar mould. Under the given circumstances, will
Henry and Barbara get relief for emotional distress in an action for tort, when no damage has
occurred?
A. No. Since torts remedy accrues to parties as per the impact rule which states that tort

remedy flows from injuries sustained in an impact. There was no injury in this case. Thus the
parties have no cause of action and hence no relief to the parties.
B. No. They should have checked the Cold-drink before consuming it. Company is hence not
liable.
C. Yes. Damages for emotional distress should be recoverable even in the absence of a
physical injury–producing impact.
D. Yes. Company is liable to its consumers because impact rule does not apply in such a case.

29. Statutes are often vague or ambiguous, because of all the compromises needed to secure
enough political support to enact them into law. When a court must apply an ambiguous
statute, it needs a tool to discern the intent of the authors of that statute. Such a tool is:
A. the plain meaning rule.
B. legislative history.
C. strict construction.
D. judicial restraint.

30. Which of the following statements regarding statutory interpretation is most accurate?
A. Statutes are easier to interpret than case law.
B. Legislators may deliberately use ambiguous language in writing a statute when they are
unwilling or unable to deal specifically with every situation that the statute was enacted to
regulate.
C. Judges confine their interpretation of a statute to its "plain meaning" only.
D. Legislators understand that courts are reluctant to fill in the details of statutes.

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31. Company A adopted a policy under which its employees aged over 50 years would be
given preference of availing company sponsored transport facility. Marrina, aged 55 years

was provided transport facility. However Henry, aged 46 years was denied the same. Henry
challenged the Company policy as violative of Age Discrimination in Employment Act
(ADEA) which forbids discriminatory preferences for the young over the old. Will Henry
succeed in the Court of Law?
A. Yes, as per plain meaning rule of statutory interpretation.
B. Yes, as per the rule of Legislative Purpose.
C. No, as per the rule of Legislative Purpose.
D. Yes, as per the rule of "General Public Purpose."

32. Which of the following is false about the power of courts?
A. Courts are not absolutely bound to favor one technique of statutory interpretation over
another.
B. Courts can distinguish prior decisions in common law cases.
C. State Supreme Courts can overrule their own prior decisions.
D. Trial courts can decide abstract propositions of law even though there is no real case or
controversy between existing parties with a tangible stake in the outcome of the controversy.

33. Which of the following lets courts help parties determine their rights and duties even
though neither may yet have been harmed, so long as there is a real case or controversy
between them?
A. A declaratory judgment statute.
B. The ejusdem generis rule.
C. The rule of no liability outside privity of contract.
D. The public law.

34. The person who is harmed and who brings a lawsuit against the party that harmed him/her,
is called the:
A. plaintiff.
B. defendant.
C. party of the first part.

D. party of the second part.

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35. Evan plans to open a Company named "Marryland" for which her trademark is "M". This
trademark in no way resembles the famous McDonald's Trademark. However, she fears that
the latter might think otherwise and sue her in future. Evan wants to take no risk and hence
seeks Court's judgment on the issue. Can she do it?
A. Yes, she can do it under State and Federal declaratory judgment statutes.
B. Yes, she can do it because she wishes to seek Court's opinion.
C. No, she cannot agitate an issue that has not yet arisen.
D. No, she cannot agitate the issue as she knows that the two marks are not similar.

36. Which technique of statutory interpretation was most emphasized (and used) in the Weber
case in the text?
A. The plain meaning rule.
B. Interpreting a statute consistent with its purpose.
C. Following prior interpretations of a statute.
D. Maxims of statutory construction.

Essay Questions

37. What do statutes and administrative regulations have in common?

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38. It is the year 2010, and the Supreme Court is about to issue a decision on the
constitutionality of a state statute forbidding sexual relations between humans and animals.
Rita Righteous, a Supreme Court Justice, was well-known for her natural law views before
she arrived on the Court, and she still holds them. From this fact alone, can you predict how
Rita will vote on this issue? If not, what else would you need to know? Assume that under
natural law principles, it is all right for judges to let those principles dictate how they will
decide legal matters.

39. Sociological jurisprudence has a tendency to say that, when interpreting and applying the
law, courts should pay attention to changing social values and let the law reflect those new
values. How is this different from the natural law approach, which also talks about values?

40. Stare decisis says that like cases should be decided alike. Yet the text says that stare
decisis enables the common law to evolve and change. How can this apparent inconsistency
be resolved?

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41. Analyze the liability of Internet Service Provider under Sec 230 of Communications
Decency Act (CDA) from the cases of Chicago Lawyers Committee for Civil Rights Under
Law, Inc. v. Craigslist, Inc., and Fair Housing Council of San Fernando Valley
v.Roommate.com, LLC.

42. In the Rucker case, what approach to statutory interpretation does the United States
Supreme Court take? How did the Court analyze the statute using this approach?

Chapter 01 The Nature of Law Answer Key

True / False Questions

1. (p. 3) The U.S. Constitution recognizes the states' power to make law in certain areas.
TRUE

AACSB: Analytic
BT: Knowledge
Difficulty: Easy

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2. (p. 3) Uniform acts are model statutes drafted by private bodies of lawyers and/or scholars;
they become law only after legislature enacts them.
TRUE

AACSB: Analytic
BT: Comprehension
Difficulty: Medium

3. (p. 3) The Restatements usually state binding common law rules, promulgated by the
American Law Institute.
FALSE

AACSB: Analytic
BT: Knowledge
Difficulty: Medium

4. (p. 4) Common law is a state law and hence only the state courts can apply the same.

FALSE

AACSB: Analytic
BT: Comprehension
Difficulty: Medium

5. (p. 6) If an international treaty signed in 1997 conflicts with a statute which was promulgated
by federal legislature in 2007 and the subject matter of conflict is purely domestic in nature,
the international treaty being the supreme law of land should prevail.
FALSE

AACSB: Reflective Thinking
BT: Application
Difficulty: Hard

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6. (p. 8) Both civil and criminal liability can sometimes co-exist and can be claimed at the same
time.
TRUE

AACSB: Reflective Thinking
BT: Comprehension
Difficulty: Medium

7. (p. 9) A State Homicide statute is an example of a Substantive law, Criminal Law and Public
Law.
TRUE

AACSB: Analytic
BT: Analysis
Difficulty: Medium

8. (p. 9) Though formal natural law defense is not recognized in court, judges do take natural
law oriented views while interpreting a Statute.
TRUE

AACSB: Reflective Thinking
BT: Comprehension
Difficulty: Hard

9. (p. 10) American legal realists distinguish between the "law in the books" and the "law in
action" and they recognize law as the behavior of public officials (mainly judges) as they deal
with matters before the legal system.
TRUE

AACSB: Analytic
BT: Knowledge
Difficulty: Medium

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10. (p. 11) The "Critical Legal Studies" movement regards the law as the product of political
calculation and class biases of lawmakers.
TRUE

AACSB: Analytic
BT: Knowledge
Difficulty: Medium

11. (p. 12) The State Statute says, "a driver operating a motor vehicle on road above 60 miles
per hour must pay a fine of $50." Ann was driving her car at 65 miles per hour for which she
was arrested, but the fact could not be proven in Court of law. She will be required to pay the
fine as she had exceeded the speed limit.
FALSE

AACSB: Reflective Thinking
BT: Application
Difficulty: Medium

12. (p. 12) Doctrine of Stare Decisis states that like cases should be decided alike.
TRUE

AACSB: Analytic
BT: Knowledge
Difficulty: Easy

13. (p. 16) Courts always interpret statutes by following the plain meaning of their words.
FALSE

AACSB: Analytic
BT: Analysis
Difficulty: Easy

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14. (p. 23) The doctrine of standing to sue requires that, in order to be able to mount a civil suit,
a plaintiff must have some direct and considerable stake in the outcome of the suit.
TRUE

AACSB: Analytic
BT: Knowledge
Difficulty: Easy

15. (p. 24) Law does not allow parties to advance to the Court of Law seeking judgment on
controversial issues that have not yet risen between them.
FALSE

AACSB: Reflective Thinking
BT: Analysis
Difficulty: Hard

Multiple Choice Questions

16. (p. 5) Administrative agencies make:
A. executive orders.
B. agency decisions.
C. ordinances.
D. common law.

AACSB: Analytic
BT: Knowledge
Difficulty: Medium

17. (p. 5) Which of the following is false regarding equity?
A. Today, most states have abolished separate equity courts.
B. The typical equitable remedy is money damages.
C. The rules of equity are not very precise and technical.
D. Equitable principles cannot defeat statutes.

AACSB: Analytic
BT: Comprehension
Difficulty: Medium

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18. (p. 5) Why were equitable remedies developed?
A. Because the common law rules were too flexible to accurately predict the outcome of
disputes.
B. Because the common law rules sometimes would produce unfair results.
C. Because statutes were too flexible to accurately predict the outcome of disputes.
D. Because statutes sometimes would produce unfair results.

AACSB: Analytic
BT: Comprehension
Difficulty: Medium

19. (p. 6) 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. US Constitution.

AACSB: Analytic
BT: Analysis
Difficulty: Medium

20. (p. 6) In general, when there is a conflict in law between a statutory rule and a common law
rule which rule will prevail?
A. The common law rule.
B. The statutory rule.
C. The rule that was last in time to be developed.
D. The common law rule will prevail but only if it was developed by a State supreme court.

AACSB: Analytic
BT: Analysis
Difficulty: Medium

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Full file at />
21. (p. 7) Jeff was murdered in his residence in 1990. The murder remained unsolved till 2003,
when the DNA evidence established that Gulliver had committed the crime. At the time of the
murder, Gulliver was an employee at his parent's company, which serviced the telephone lines
of Jeff's residence. Gulliver was held guilty of the crime.
Later in the year, Jeff's daughter sued the Company that employed Gulliver, his parents and
two of his friends, alleging negligent hiring and monitoring of Gulliver. The defendant sought
dismissal of the claim on the theory that the plaintiff's action was barred by the statute of
limitation. Under such circumstances, will Jeff's daughter succeed?
A. Yes, because of Common Law "Discovery Rule".
B. Yes, as per laws of equity.

C. No, because it gets barred by Statute of Limitation and if a statutory provision and
common law conflict, the common law must yield.
D. No, because the case is already decided and Gulliver has been punished in an earlier case.

AACSB: Reflective Thinking
BT: Evaluation
Difficulty: Hard

22. (p. 8) Which of the following is both civil and substantive?
A. A state's contract law.
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.

AACSB: Analytic
BT: Comprehension
Difficulty: Medium

23. (p. 8) John was angry because Harry is now dating John's former girlfriend. One day, as
John was driving his car, he saw Harry walking by the side of the road. John deliberately
swerved and struck Harry with the car. John may be successfully sued under:
A. criminal law only.
B. civil law only.
C. either criminal law or civil law but not both.
D. both criminal law and civil law.

AACSB: Reflective Thinking
BT: Evaluation
Difficulty: Medium

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24. (p. 9) Legal positivists typically say that:
A. an unjust law is not law.
B. validly of enacted laws should be obeyed, just or not.
C. the law should keep up with changing times.
D. justice is what the judge ate for breakfast.

AACSB: Analytic
BT: Knowledge
Difficulty: Medium

25. (p. 10) Which of the following statements is most typical of American legal realists?
A. "Law is the command of the supreme law-making authority."
B. "The first requirement of a sound body of law is that it corresponds with the actual feelings
and demands of the community, whether right or wrong."
C. "What legal decision-makers actually do is more important than the legal rules written
down in books."
D. "An immoral or unjust law is not a law at all."

AACSB: Analytic
BT: Comprehension
Difficulty: Medium

26. (p. 11) Which of the following is not the function of law?
A. Peacekeeping
B. Arming government with arbitrary absolute power
C. Promoting social justice

D. Protecting the environment

AACSB: Analytic
BT: Analysis
Difficulty: Easy

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27. (p. 12) The doctrine of stare decisis says that:
A. courts should follow the plain meaning of statutes and not worry about anything else.
B. courts should look at legislative history when interpreting statutes.
C. common law rules, once established, can never change.
D. in common law cases, like cases should be decided alike.

AACSB: Analytic
BT: Comprehension
Difficulty: Medium

28. (p. 13) Henry and Barbara were sharing a Cool-Ayd cold drink, and were alarmed to find a
condom floating inside the drink. Distressed and nauseated, they rushed to the hospital to
undergo tests. On their doctor's suggestion, they underwent two successive HIV tests within a
period of 6 months. In the meantime, in an action for torts, Cool-Ayd analysts proved that the
object found in the bottle was indeed a sugar mould. Under the given circumstances, will
Henry and Barbara get relief for emotional distress in an action for tort, when no damage has
occurred?
A. No. Since torts remedy accrues to parties as per the impact rule which states that tort
remedy flows from injuries sustained in an impact. There was no injury in this case. Thus the
parties have no cause of action and hence no relief to the parties.

B. No. They should have checked the Cold-drink before consuming it. Company is hence not
liable.
C. Yes. Damages for emotional distress should be recoverable even in the absence of a
physical injury–producing impact.
D. Yes. Company is liable to its consumers because impact rule does not apply in such a case.

AACSB: Reflective Thinking
BT: Evaluation
Difficulty: Hard

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29. (p. 15) Statutes are often vague or ambiguous, because of all the compromises needed to
secure enough political support to enact them into law. When a court must apply an
ambiguous statute, it needs a tool to discern the intent of the authors of that statute. Such a
tool is:
A. the plain meaning rule.
B. legislative history.
C. strict construction.
D. judicial restraint.

AACSB: Analytic
BT: Comprehension
Difficulty: Medium

30. (p. 15) Which of the following statements regarding statutory interpretation is most
accurate?
A. Statutes are easier to interpret than case law.

B. Legislators may deliberately use ambiguous language in writing a statute when they are
unwilling or unable to deal specifically with every situation that the statute was enacted to
regulate.
C. Judges confine their interpretation of a statute to its "plain meaning" only.
D. Legislators understand that courts are reluctant to fill in the details of statutes.

AACSB: Reflective Thinking
BT: Evaluation
Difficulty: Medium

31. (p. 20) Company A adopted a policy under which its employees aged over 50 years would be
given preference of availing company sponsored transport facility. Marrina, aged 55 years
was provided transport facility. However Henry, aged 46 years was denied the same. Henry
challenged the Company policy as violative of Age Discrimination in Employment Act
(ADEA) which forbids discriminatory preferences for the young over the old. Will Henry
succeed in the Court of Law?
A. Yes, as per plain meaning rule of statutory interpretation.
B. Yes, as per the rule of Legislative Purpose.
C. No, as per the rule of Legislative Purpose.
D. Yes, as per the rule of "General Public Purpose."

AACSB: Reflective Thinking
BT: Evaluation
Difficulty: Hard

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32. (p. 23) Which of the following is false about the power of courts?

A. Courts are not absolutely bound to favor one technique of statutory interpretation over
another.
B. Courts can distinguish prior decisions in common law cases.
C. State Supreme Courts can overrule their own prior decisions.
D. Trial courts can decide abstract propositions of law even though there is no real case or
controversy between existing parties with a tangible stake in the outcome of the controversy.

AACSB: Analytic
BT: Comprehension
Difficulty: Hard

33. (p. 24) Which of the following lets courts help parties determine their rights and duties even
though neither may yet have been harmed, so long as there is a real case or controversy
between them?
A. A declaratory judgment statute.
B. The ejusdem generis rule.
C. The rule of no liability outside privity of contract.
D. The public law.

AACSB: Analytic
BT: Comprehension
Difficulty: Medium

34. (p. 24) The person who is harmed and who brings a lawsuit against the party that harmed
him/her, is called the:
A. plaintiff.
B. defendant.
C. party of the first part.
D. party of the second part.

AACSB: Analytic
BT: Knowledge
Difficulty: Easy

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Full file at />
35. (p. 24) Evan plans to open a Company named "Marryland" for which her trademark is "M".
This trademark in no way resembles the famous McDonald's Trademark. However, she fears
that the latter might think otherwise and sue her in future. Evan wants to take no risk and
hence seeks Court's judgment on the issue. Can she do it?
A. Yes, she can do it under State and Federal declaratory judgment statutes.
B. Yes, she can do it because she wishes to seek Court's opinion.
C. No, she cannot agitate an issue that has not yet arisen.
D. No, she cannot agitate the issue as she knows that the two marks are not similar.

AACSB: Reflective Thinking
BT: Evaluation
Difficulty: Hard

36. (p. 26) Which technique of statutory interpretation was most emphasized (and used) in the
Weber case in the text?
A. The plain meaning rule.
B. Interpreting a statute consistent with its purpose.
C. Following prior interpretations of a statute.
D. Maxims of statutory construction.

AACSB: Reflective Thinking
BT: Evaluation

Difficulty: Hard

Essay Questions

37. (p. 6) What do statutes and administrative regulations have in common?
Express statement in a rigid textual form in some book or another.

AACSB: Analytic
BT: Evaluation
Difficulty: Easy

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38. (p. 9) It is the year 2010, and the Supreme Court is about to issue a decision on the
constitutionality of a state statute forbidding sexual relations between humans and animals.
Rita Righteous, a Supreme Court Justice, was well-known for her natural law views before
she arrived on the Court, and she still holds them. From this fact alone, can you predict how
Rita will vote on this issue? If not, what else would you need to know? Assume that under
natural law principles, it is all right for judges to let those principles dictate how they will
decide legal matters.
No, we cannot predict Rita's decision merely from the fact that she believes in natural law.
The crucial thing here is the content of her natural law. If it has a strong libertarian content–if
it involves strong natural rights of a "personal" nature–this would push toward invalidating
the statute. However, if she adheres to a form of natural law (Aquinas's conception?) that
would condemn sexual relations with animals, then she would regard the statute as a just law
that ought to be enforced and obeyed.

AACSB: Reflective Thinking

BT: Application
Difficulty: Medium

39. (p. 10) Sociological jurisprudence has a tendency to say that, when interpreting and applying
the law, courts should pay attention to changing social values and let the law reflect those new
values. How is this different from the natural law approach, which also talks about values?
The difference is that, this kind of sociological jurisprudence is indifferent to the goodness or
badness of these new values. They examine law within its social context. Recall the "right or
wrong" at the end of Holmes's statement on the subject.
To make the contrast clear, imagine that Country X is going to the dogs in a moral sense.
Sociological jurisprudence at issue here might counsel that courts follow the new values (or
anti-values) anyway–possibly because law that doesn't fit with a society's dominant values
cannot be enforced or obeyed and will not last. But natural law would reject this stance,
because it would mean the creation of unjust laws, which according to them aren't law at all.

AACSB: Analytic
BT: Analysis
Difficulty: Hard

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40. (p. 12) Stare decisis says that like cases should be decided alike. Yet the text says that stare
decisis enables the common law to evolve and change. How can this apparent inconsistency
be resolved?
Stare decisis imply that like cases should be decided alike. This approach generally should
give rise to rigidity in approach and no innovation results. However, the practical anomaly is
that it is not so. The courts distinguish prior cases on factual basis by "limiting a precedent to
its facts". This means that it is always possible to distinguish a prior case because some fact in

the prior case will always differ from the present case. That being the case, courts can set up
new rules to handle particular kinds of cases while still following stare decisis. Look at the
case of Hagan v. Coca-Cola Bottling Co., which is a classic example of Stare decisis.

AACSB: Analytic
BT: Comprehension
Difficulty: Hard

41. (p. 15) Analyze the liability of Internet Service Provider under Sec 230 of Communications
Decency Act (CDA) from the cases of Chicago Lawyers Committee for Civil Rights Under
Law, Inc. v. Craigslist, Inc., and Fair Housing Council of San Fernando Valley
v.Roommate.com, LLC.
Though in the case of Craiglist, the Court held that Craiglist, being a service provider is not
liable for the information put online because they are the views of the user and further
Craiglist is not causing the user in any way to say such statements. Thus, the user becomes
liable for issuing any statement. However in case of Roommate.com, the Court held just the
opposite making the service provider liable for causing the user to say things that are
prohibited as per the CDA. roommate.com had designed an interactive questionnaire session
for registration of user which included answers to be picked from a drop down menu. Thus
the Service Provider was liable for causing the user to mention such things contrary to CDA.
Look at these cases for a detailed and interesting analysis.

AACSB: Analytic
BT: Analysis
Difficulty: Hard

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42. (p. 26) In the Rucker case, what approach to statutory interpretation does the United States
Supreme Court take? How did the Court analyze the statute using this approach?
The United States Supreme Court took a "plain meaning" approach to interpreting the federal
Anti-Drug Abuse Act of 1988. The Court concluded that under the statute, a public housing
authority is allowed to evict a tenant when a member of that tenant's household or guest
engages in drug-related criminal activity, regardless of whether the tenant knew or should
have known of the activity. The Court reasoned that Congress' failure to mention a knowledge
requirement combined with its use of the term "any" to modify "drug-related criminal
activity" bars any knowledge requirement under the plain language of the statute.

AACSB: Reflective Thinking
BT: Application
Difficulty: Medium

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