812416
Questão 1
Questão
A court may depart from a precedent if the court finds the precedent should no longer be followed.
Responda
- True
- False
Questão 2
Questão
A long-arm statute is a state law that permits courts to obtain jurisdiction over out-of-state defendants.
Responda
- True
- False
Questão 3
Questão
The US Supreme Court cannot hold acts of the executive branch unconstitutional.
Responda
- True
- False
Questão 4
Questão
Restrictions of commercial speech are subject to strict scrutiny.
Responda
- True
- False
Questão 5
Questão
A trial court is asked by Patricia to seize equitable title to a farm in Muskingham County, Ohio and serve notice to David to come to court and defend a law suit over a defectively drawn will. Patricia is asking the court to exercise in-rem jurisdiction.
Responda
- True
- False
Questão 6
Questão
A court finds a federal law overlaps with a recently enacted state law. The overlap is incomplete. Therefore the state law is valid in those areas where it does not conflict with the federal law.
Responda
- True
- False
Questão 7
Questão
Equity is a branch of unwritten law that seeks to award damages in most cases.
Responda
- True
- False
Questão 8
Questão
A defendant is a person against whom a lawsuit is brought.
Responda
- True
- False
Questão 9
Questão
A motion for summary judgment may be supported with sworn statements and other materials.
Responda
- True
- False
Questão 10
Questão
The Bill of Rights protects individuals against various types of interference by the Several States and the Federal government.
Responda
- True
- False
Questão 11
Questão
Monetary damages is a remedy in equity.
Responda
- True
- False
Questão 12
Questão
A defendant's answer may admit the allegations made in a plaintiff's complaint.
Responda
- True
- False
Questão 13
Questão
The First Amendment does not apply to speech such as parades.
Responda
- True
- False
Questão 14
Questão
The Federal Government may not regulate commerce entirely within a state, even if such commerce would affect commerce in one or more other states.
Responda
- True
- False
Questão 15
Questão
For purposes of diversity of citizenship, a corporation is a citizen only of the state in which it is incorporated.
Responda
- True
- False
Questão 16
Questão
When the US Supreme Court decides to hear a case it issues a writ of execution.
Responda
- True
- False
Questão 17
Questão
The party who loses at trial and brings an appeal is called the appellant.
Responda
- True
- False
Questão 18
Questão
Peremptory challenges may not be based upon race or gender.
Responda
- True
- False
Questão 19
Questão
Stare decisis is a doctrine obligating judges to follow precedents established within their jurisdictions.
Responda
- True
- False
Questão 20
Questão
If a tax passed by Congress is reasonable, it is within the national taxing power.
Responda
- True
- False
Questão 21
Questão
Taking advantage of the forum state's laws and protections is the basis for finding sufficient minimum contacts for long-arm jurisdictions.
Responda
- True
- False
Questão 22
Questão
Summary judgment may be granted if there are any questions of material fact still in dispute by the parties.
Responda
- True
- False
Questão 23
Questão
Each state must have one federal district court to hear cases at law and another to hear cases in equity.
Responda
- True
- False
Questão 24
Questão
Contraceptive use, marriage and abortion are rights guaranteed in the Eighth Amendment.
Responda
- True
- False
Questão 25
Questão
The Uniform Commercial code governs only commercial transactions between merchants.
Responda
- True
- False
Questão 26
Questão
The American political system, which divides the power of government between sovereign states and a sovereign federal government, is an example of
Responda
-
bicameral government
-
federalism
-
socialism
-
capitalism
Questão 27
Questão
At the end of the trial, the judge will tell the jury the law that applies to the case and which issues they must decide. This is known as jury
Responda
-
directions
-
instruction
-
sequestrations
-
interrogatories
Questão 28
Questão
The function of the grand jury is to
Responda
-
decide the guilt or innocence of a criminal defendant
-
decide the liability of a defendant in a civil case
-
determine if there is sufficient evidence to bring someone accused of a crime to trial
-
determine if there is sufficient evidence to decide the case on summary judgment
Questão 29
Questão
Which of the following statements about the UCC is correct?
Responda
-
The UCC is a federal statute governing businesses engaged in interstate commerce
-
The UCC is used only in Texas, California, and Louisiana because it is based upon French and Spanish civil law
-
The UCC is a provision of Article I, Section 8 of the US Constitution
-
The UCC consists of identical statutes enacted by the states to provide businesses with consistent and predictable laws
Questão 30
Questão
Mary, a resident of California, is outraged the US Navy allows civilians on board submarines and believes this practice, along with the captain's negligence, was responsible for the 2001 sinking of a Japanese boat in the waters around Hawaii. She has filed suit in federal district court in Hawaii against the captain and the Secretary of the Navy. Mary is not related to anyone aboard either the sub or the Japanese boat. The most likely result of her suit is
Responda
-
the court will hear the case because diversity requirements were met
-
the court will hear the case because the case raises a federal question
-
the court will dismiss the case because Mary lacks standing to sue
-
the court will refer the case to the state court in Hawaii
Questão 31
Questão
The number of US Supreme Court Justices who must vote to hear a case is
Responda
-
one
-
five
-
three
-
four
Questão 32
Questão
The Age Discrimination in Employment act is a feral statute which makes it illegal for businesses to discriminate against employees who are 40 years of age or older. The power of the federal government to regulate the hiring activities of private businesses is found in the
Responda
-
Privileges and Immunities Clause
-
Commerce Clause
-
Spending Clause
-
Nineteenth Amendment
Questão 33
Questão
Jay is a federal judge. Jay's judicial decisions are part of case law. This law includes interpretations of
Responda
-
administrative regulations only
-
constitutional provisions only
-
statutes only
-
administrative regulations, constitutional provisions, and statutes
Questão 34
Questão
The power of the courts to declare legislation invalid because it violates the Constitution is power of
Responda
-
judicial review
-
judicial discretion
-
res judicata
-
judicial oversight
Questão 35
Questão
A state Statute of Limitations, which requires suits for breach of contract to be filed within 2 years of the date of the breach is an example of ___________ law.
Responda
-
substantive
-
procedural
-
inculpatory
-
judge-made
Questão 36
Questão
Which of the following Articles of the US Constitution established the judiciary?
Responda
-
Article I
-
Article II
-
Article III
-
Article IV
Questão 37
Questão
If the defendant does not file an Answer or other response to a civil Complaint, the judge will award the plaintiff whatever damages he asked for in a ____________ judgment.
Responda
-
default
-
demand
-
demurrer
-
dismissed
Questão 38
Questão
The assembled group of people from which a trial jury will be selected is called the
Responda
-
venue
-
venire
-
voir dire
-
voce popularum
Questão 39
Questão
Courts often use transcripts of the legislative hearings and debates that preceded a law's passage to determine the purpose and reach of the law. This background is called a law's legislative
Responda
-
legacy
-
history
-
antecedents
-
precedents
Questão 40
Questão
Ben is suing Chad in a tort action for property damages and personal injuries he sustained when Chad negligently ran a red light and crashed into Ben in a busy intersection. Ben must convince the jury that the light was red and his injuries were caused by the crash. How convinced must the jurors be that Chad is at fault in order to find Chad liable?
Responda
-
Beyond a reasonable doubt
-
Beyond a shadow of a doubt
-
By clear and convincing evidence
-
By a preponderance of evidence
Questão 41
Questão
Using previous question: Chad wants to file suit against Ben for the injuries he suffered in the crash, claiming it was Ben, and not he, who was at fault. What is the name of the pleading Chad will file with the court to pursue his claim?
Responda
-
answer
-
demurrer
-
motion for a directed verdict
-
counterclaim
Questão 42
Questão
The provision in the US Constitution that requires the courts in each state to recognize the validity of contracts and court decisions from other states is the _________ Clause.
Responda
-
Privileges and Immunities
-
Full Faith and Credit
-
Supremacy
-
Takings
Questão 43
Questão
Bill sued Ted for libel over statements Ted published in the company newsletter. A jury heard the case and found no libel had occurred because the statements were true. Bill is very unhappy with this decision, but cannot sue Ted again over these statements because of the doctrine of
Responda
-
judicial restraint
-
prior restraint
-
stare decisis
-
res judicata
Questão 44
Questão
The dormant commerce clause refers to
Responda
-
the power of the federal government to regulate interstate commerce
-
the power of the federal government to regulate commerce with foreign nations
-
restrictions on state regulations that unduly burden interstate commerce
-
the power reserved to the Chief Executive to regulate commerce in national emergencies
Questão 45
Questão
If a private employer denied an employee the right to speak freely about political issues in the workplace, the employee could not claim a First Amendment violation because the element of __________ is missing.
Responda
-
malice
-
state action
-
mens rea
-
scienter
Questão 46
Questão
The common law began
Responda
-
in the Islamic courts of predominantly Muslim countries
-
as part of the Roman civil law
-
as a body of general rules applied in the courts throughout England
-
as a group of legal principles enacted by continental European nations
Questão 47
Questão
Dan files a suit against the Federal government to block the enforcement of a new tax law. Dan claims Congress attempted to regulate indirectly, by taxation, an area over which it has no direct authority. Most likely the court will
Responda
-
invalidate the tax if it is reasonable
-
invalidate the tax without considering whether it is reasonable
-
validate the tax if it is reasonable
-
validate the tax without considering whether it is reasonable
Questão 48
Questão
The Ohio state legislature passes a law to regulate local delivery services. The final authority regarding the constitutionality of this law is
Responda
-
the Ohio courts
-
the President of the US
-
the Governor
Questão 49
Questão
Leo, a resident of Missouri, owns a warehouse in Platt County, Nebraska. A dispute arises over the ownership of the warehouse with Opal, a resident of Kansas. Opal files a suit against Leo in Nebraska. Regarding this suit, Nebraska has
Responda
-
diversity jurisdiction
-
personal jurisdiction
-
in rem jurisdiction
-
no jurisdiciton
Questão 50
Questão
Mary claims a Nebraska state statute infringes on her "procedural due process" rights. This claim focuses on
Responda
-
procedures used in making decisions to take life, liberty, or property
-
the content of the statute
-
the similarity of the treatment of similarly situated individuals
-
the steps to be taken to protect Mary's privacy
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