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BUSL - Exam #1

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Quiz on BUSL - Exam #1, created by ermarv12 on 30/04/2014.
ermarv12
Quiz by ermarv12, updated more than 1 year ago
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Created by ermarv12 about 10 years ago
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Resource summary

Question 1

Question
A court may depart from a precedent if the court finds the precedent should no longer be followed.
Answer
  • True
  • False

Question 2

Question
A long-arm statute is a state law that permits courts to obtain jurisdiction over out-of-state defendants.
Answer
  • True
  • False

Question 3

Question
The US Supreme Court cannot hold acts of the executive branch unconstitutional.
Answer
  • True
  • False

Question 4

Question
Restrictions of commercial speech are subject to strict scrutiny.
Answer
  • True
  • False

Question 5

Question
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.
Answer
  • True
  • False

Question 6

Question
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.
Answer
  • True
  • False

Question 7

Question
Equity is a branch of unwritten law that seeks to award damages in most cases.
Answer
  • True
  • False

Question 8

Question
A defendant is a person against whom a lawsuit is brought.
Answer
  • True
  • False

Question 9

Question
A motion for summary judgment may be supported with sworn statements and other materials.
Answer
  • True
  • False

Question 10

Question
The Bill of Rights protects individuals against various types of interference by the Several States and the Federal government.
Answer
  • True
  • False

Question 11

Question
Monetary damages is a remedy in equity.
Answer
  • True
  • False

Question 12

Question
A defendant's answer may admit the allegations made in a plaintiff's complaint.
Answer
  • True
  • False

Question 13

Question
The First Amendment does not apply to speech such as parades.
Answer
  • True
  • False

Question 14

Question
The Federal Government may not regulate commerce entirely within a state, even if such commerce would affect commerce in one or more other states.
Answer
  • True
  • False

Question 15

Question
For purposes of diversity of citizenship, a corporation is a citizen only of the state in which it is incorporated.
Answer
  • True
  • False

Question 16

Question
When the US Supreme Court decides to hear a case it issues a writ of execution.
Answer
  • True
  • False

Question 17

Question
The party who loses at trial and brings an appeal is called the appellant.
Answer
  • True
  • False

Question 18

Question
Peremptory challenges may not be based upon race or gender.
Answer
  • True
  • False

Question 19

Question
Stare decisis is a doctrine obligating judges to follow precedents established within their jurisdictions.
Answer
  • True
  • False

Question 20

Question
If a tax passed by Congress is reasonable, it is within the national taxing power.
Answer
  • True
  • False

Question 21

Question
Taking advantage of the forum state's laws and protections is the basis for finding sufficient minimum contacts for long-arm jurisdictions.
Answer
  • True
  • False

Question 22

Question
Summary judgment may be granted if there are any questions of material fact still in dispute by the parties.
Answer
  • True
  • False

Question 23

Question
Each state must have one federal district court to hear cases at law and another to hear cases in equity.
Answer
  • True
  • False

Question 24

Question
Contraceptive use, marriage and abortion are rights guaranteed in the Eighth Amendment.
Answer
  • True
  • False

Question 25

Question
The Uniform Commercial code governs only commercial transactions between merchants.
Answer
  • True
  • False

Question 26

Question
The American political system, which divides the power of government between sovereign states and a sovereign federal government, is an example of
Answer
  • bicameral government
  • federalism
  • socialism
  • capitalism

Question 27

Question
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
Answer
  • directions
  • instruction
  • sequestrations
  • interrogatories

Question 28

Question
The function of the grand jury is to
Answer
  • 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

Question 29

Question
Which of the following statements about the UCC is correct?
Answer
  • 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

Question 30

Question
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
Answer
  • 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

Question 31

Question
The number of US Supreme Court Justices who must vote to hear a case is
Answer
  • one
  • five
  • three
  • four

Question 32

Question
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
Answer
  • Privileges and Immunities Clause
  • Commerce Clause
  • Spending Clause
  • Nineteenth Amendment

Question 33

Question
Jay is a federal judge. Jay's judicial decisions are part of case law. This law includes interpretations of
Answer
  • administrative regulations only
  • constitutional provisions only
  • statutes only
  • administrative regulations, constitutional provisions, and statutes

Question 34

Question
The power of the courts to declare legislation invalid because it violates the Constitution is power of
Answer
  • judicial review
  • judicial discretion
  • res judicata
  • judicial oversight

Question 35

Question
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.
Answer
  • substantive
  • procedural
  • inculpatory
  • judge-made

Question 36

Question
Which of the following Articles of the US Constitution established the judiciary?
Answer
  • Article I
  • Article II
  • Article III
  • Article IV

Question 37

Question
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.
Answer
  • default
  • demand
  • demurrer
  • dismissed

Question 38

Question
The assembled group of people from which a trial jury will be selected is called the
Answer
  • venue
  • venire
  • voir dire
  • voce popularum

Question 39

Question
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
Answer
  • legacy
  • history
  • antecedents
  • precedents

Question 40

Question
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?
Answer
  • Beyond a reasonable doubt
  • Beyond a shadow of a doubt
  • By clear and convincing evidence
  • By a preponderance of evidence

Question 41

Question
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?
Answer
  • answer
  • demurrer
  • motion for a directed verdict
  • counterclaim

Question 42

Question
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.
Answer
  • Privileges and Immunities
  • Full Faith and Credit
  • Supremacy
  • Takings

Question 43

Question
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
Answer
  • judicial restraint
  • prior restraint
  • stare decisis
  • res judicata

Question 44

Question
The dormant commerce clause refers to
Answer
  • 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

Question 45

Question
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.
Answer
  • malice
  • state action
  • mens rea
  • scienter

Question 46

Question
The common law began
Answer
  • 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

Question 47

Question
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
Answer
  • 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

Question 48

Question
The Ohio state legislature passes a law to regulate local delivery services. The final authority regarding the constitutionality of this law is
Answer
  • the Ohio courts
  • the President of the US
  • the Governor

Question 49

Question
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
Answer
  • diversity jurisdiction
  • personal jurisdiction
  • in rem jurisdiction
  • no jurisdiciton

Question 50

Question
Mary claims a Nebraska state statute infringes on her "procedural due process" rights. This claim focuses on
Answer
  • 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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