BUS 201 Exam 1 Study Guide
There are _____ circuits in the federal court system. A.25 B.13 C.100 D.50 E.9
13
There are _____ U.S. District Courts. A.100 B.50 C.76 D.94 E.49
94
_____ law is enacted by governments that regulate industries and business and professionals. A.Administrative B.Constitutional C.Equity D.Common E.Appellate
Administrative
_____ is a form of alternative dispute resolution in which the parties choose an impartial third party to hear and decide the dispute. A.Absolution B.Negotiation C.Arbitration D.Mediation E.Summary judgment
Arbitration
________ courts were allowed to give equitable remedies under the English common law. A.Chancery B.Merchant C.Law D.French E.German
Chancery
The _____ School of jurisprudence believes that the law is a set of rules developed, communicated, and enforced by the ruling party rather than a reflection of the society's morality, history, logic, or sociology. A.Analytical B.Command C.Sociological D.Natural Law E.Historical
Command
_____ is the act of a court to combine two or more separate lawsuits into one lawsuit. A.Consolidation B.Bifurcation C.Acquisition D.Merger E.Stratification
Consolidation
The _____ School of jurisprudence proposes that legal rules are unnecessary and are used as an obstacle by the powerful to maintain the status quo. A.Natural Law B.Historical C.Analytical D.Critical Legal Studies E.Sociological
Critical Legal Studies
_____ improves a person's problem-solving skills and helps him or her to make clear, logical, rational, and well-reasoned conclusions and judgments. A.Dogma B.Doctrinal thought C.Deference to authority D.Partisanship E.Critical legal thinking
Critical legal thinking
_____ of citizenship occurs if a lawsuit involves citizens of different states, or a citizen of a state and a citizen or subject of a foreign country. A.Convergence B.Commonality C.Congruence D.Certification E.Diversity
Diversity
Which of the following statements is true about the early development of English common law? A.Rather than inquire into the merits of the case, the chancery court emphasized legal procedure. B.English common law is based on French law. C.Equitable orders and remedies of the Court of Chancery took precedence over the legal decisions and remedies of the law courts. D.English common law is considered civil law. E.Decisions of the law courts took precedence over those of the Court of Chancery.
Equitable orders and remedies of the Court of Chancery took precedence over the legal decisions and remedies of the law courts.
Under the _____ Clause of the United States Constitution, a judgment of a court of one state must be recognized by the courts of another state. A.Full Faith and Credit B.Due Process C.Privileges and Immunities D.Equal Protection E.Contracts
Full Faith and Credit
When legal scholars look to past legal decisions (precedent) to solve contemporary problems, it is an example of which school of jurisprudence? A.Historical School B.Law and Economics School C.Natural Law School D.Command School E.Sociological School
Historical School
_____ jurisdiction means "jurisdiction over the thing." A.Quasi in personam B.Personal C.In personam D.In rem E.Quasi in rem
In rem
_____ are written questions submitted by one party to a lawsuit to another party. A.Depositions B.Responsive pleadings C.Interrogatories D.Pleadings E.Interpleaders
Interrogatories
_____ is a body of rules of action or conduct prescribed by controlling authority and having binding legal force. A.Law B.Ethics C.Equity D.Quasi-contract E.Morality
Law
The _____ School of jurisprudence believes that promoting market efficiency should be the central goal of legal decision making. A.Analytical B.Historical C.Sociological D.Law and Economics E.Natural Law
Law and Economics
Which of the following schools of jurisprudential thought might suggest that the federal government's policy of subsidized housing provides incentives resulting in too many homes being built? A.Command B.Critical Legal Studies C.Law and Economics D.Analytical E.Sociological
Law and Economics
_____ is a form of negotiation in which a neutral third party assists (without making a decision or an award) the disputing parties in reaching a settlement of their dispute. A.Binding arbitration B.Mediation C.Non-binding arbitration D.Nullification E.Absolution
Mediation
The _____ School of jurisprudence asserts that the law should be based on morality and ethics. A.Historical B.Natural Law C.Analytical D.Command E.Sociological
Natural Law
A person in Oklahoma uses the website of an Internet seller located in Tennessee; the user can sue the Internet seller in ______________________. A.Oklahoma under its standing statute B.any court in the U.S. C.Tennessee only D.Oklahoma under its quasi in rem jurisdiction statute E.Oklahoma under its long-arm statute
Oklahoma under its long-arm statute
_____ administrative law establishes the procedures that must be followed by an administrative agency while enforcing substantive laws. A.Procedural B.Qualified C.Secondary D.Unqualified E.Primary
Procedural
The _____ School of jurisprudence asserts that the law is a means of achieving and advancing certain sociological goals. A.Sociological B.Natural Law C.Analytical D.Command E.Historical
Sociological
_____ means "to stand by the decision." A.Stare decisis B.Res ipsa loquitur C.Esse quam videri D.Per se E.Post hoc ergo propter hoc
Stare decisis
_____ administrative law is law that an administrative agency enforceslong dash—federal statutes enacted by the United States Congress or state statutes enacted by state legislatures. A.Procedural B.Primary C.Secondary D.Unlimited E.Substantive
Substantive
_____ the supreme law of the United States. A.State constitutions are B.Municipal codes are C.The United States Constitution is D.Federal statutes are E.State statutory codes are
The United States Constitution is
Which of the following is NOT true regarding the appellate process? A.Only the defendant may appeal in a criminal case. B.The responding party is called the secondary defendant. C.An appellate court will reverse a lower court decision if it finds an error of law in the record. D.The appealing party is called the appellant. E.A notice of appeal must be entered within a prescribed time after judgement is entered.
The responding party is called the secondary defendant.
What is the dollar-amount limit on federal question cases that can be brought in federal court? A.There is no dollar-amount limit. B.$75,000 C.$500,000 D.$250,000 E.$1 million
There is no dollar-amount limit.
_____ is the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions. A.Pretrial hearing B.Absolution C.Res ipsa loquitur D.Remediation E.Voir dire
Voir dire
Which of the following is NOT a relevant question according to the IRAC method of critical legal thinking? A.Which executive nominated the judge presiding over the case? B.What is the legal issue in the case? C.What was the conclusion or outcome of the case? D.What is the rule of the case? E.What is the court's analysis and rationale?
Which executive nominated the judge presiding over the case?
An appeal is the act of asking a(n) _____ to overturn a decision after the trial court's final judgment has been entered. A.trial court B.mediator C.appellate court D.arbitrator E.trial court judge
appellate court
Which of the following is NOT a court in the state court system? A.general-jurisdiction court B.limited-jurisdiction trial court C.highest state court D.appellate courts of the military services E.intermediate appellate-court
appellate courts of the military services
Which of the following is an example of the Socratic method of teaching? A.recording lectures B.giving short answer quizzes C.using power points D.giving a multiple-choice test E.asking students questions about a case or legal issue
asking students questions about a case or legal issue
Quasi in rem jurisdiction is also known as _____ jurisdiction. A.attachment B.rapprochement C.original D.general E.detachment
attachment
To maintain a class action, a class must be _____ by the appropriate federal or state court. A.represented B.dismissed C.certified D.admonished E.stratified
certified
When pretrial publicity may prejudice jurors, a _________________may be requested. A.certification B.dismissal C.clearance D.legal representation E.change of venue
change of venue
Jury instructions are also known as _____. A.voir dire B.charges C.deliberations D.closing statements E.interrogatories
charges
A _____ is a lawsuit where a group of plaintiffs with common claims collectively bring a lawsuit against a defendant. A.class action B.resolution C.rejoinder D.summary judgment E.remittitur
class action
English _____ law was developed by judges, who issued their opinions when deciding cases. The principles in these cases became precedent for later judges deciding similar cases. A.colonial B.constitutional C.arbitration D.common E.statutory
common
If the defendant does not answer the complaint, a _____ is entered against him or her. A.prayer for judgment continued B.default judgment C.temporary injunction D.permanent injunction E.restraining order
default judgment
The person giving a deposition is called the _____. A.defendant B.plaintiff C.respondent D.deponent E.appellant
deponent
Which of the following is NOT a primary function of law in the United States? A.facilitating planning B.facilitating orderly change C.maximizing individual freedom D.establishing uniform principles of individual morality E.providing a basis for compromise
establishing uniform principles of individual morality
Laws that are enacted only after considerable study, debate, and public input are an example of which function of the law? A.facilitating orderly change B.facilitating planning C.maximizing individual freedom D.providing a basis for compromise E.keeping the peace
facilitating orderly change
The Securities and Exchange Commission is an example of a _____. A.state court of special jurisdiction B.federal court of special jurisdiction C.federal administrative agency D.federal tribunal of binding arbitration E.state administrative agency
federal administrative agency
The U.S. District Courts are the federal court system's trial courts of _____ jurisdiction. A.general B.absolute C.exclusive D.special E.in personam, but not in rem
general
A court's jurisdiction over a person is called _____ jurisdiction. A.de facto B.in rem C.in perpetuity D.in personam E.quasi in rem
in personam
State limited-jurisdiction trial courts are sometimes referred to as _____ trial courts. A.unqualified B.inferior C.en banc D.superior E.qualified
inferior
Which of the following is NOT a major pleading in a lawsuit? A.reply B.cross-complaint C.complaint D.answer E.interrogatory
interrogatory
Once the closing arguments are completed, the _____ reads jury instructions to the jury. These instructions inform the jury about what law to apply when they decide the case. A.defendant's attorney B.court reporter C.judge D.plaintiff's attorney E.foreperson
judge
Which of the following are categories of courts that established English common law? A.substantive, procedural, and law B.qualified, restrictive, and special C.civil, criminal, and alternative dispute resolution D.arbitration, mediation, and merchant E.law, equity, and merchant
law, equity, and merchant
The United States has addressed the environment that resulted from the information age in all of the following ways EXCEPT __________. A.writing new laws that apply specifically to the digital environment B.limiting the use of digital technologies by the government C.enacting federal statutes D.using interpretation to have courts apply existing laws to the digital environment
limiting the use of digital technologies by the government
The bringing, maintaining, and defending of a lawsuit is generally referred to as _____. A.subrogation B.arbitration C.mediation D.litigation E.subornation
litigation
The United States' law evolves and changes along with all of the following EXCEPT __________. A.technology B.growth and expansion of commerce in the world C.misuses and oversights of our legal system D.growth and expansion of commerce in the United States E.the norms of society
misuses and oversights of our legal system
The simplest form of alternative dispute resolution is _____. A.non-binding arbitration B.trial C.binding arbitration D.negotiation E.mediation
negotiation
If five United States Supreme Court justices agree as to the outcome of a case but not as to the reasoning for reaching the outcome, it is a _____ decision. A.plurality B.majority C.reversible D.bipartisan E.tie
plurality
Which of the following is NOT a major form of discovery? A.pretrial conference B.production of documents C.physical or mental examination D.deposition E.interrogatories
pretrial conference
A settlement conference may also be referred to as the _______. A.plea bargain B.admission of guilt C.trial D.post-trial hearing E.pretrial hearing
pretrial hearing
When the complaint and summons are served on the defendant, this is called service of _____. A.process B.judgment continued C.reply D.judgment E.interpleader
process
The defendant's attorney can call additional witnesses and introduce other evidence to counter the plaintiff's rebuttal. What is this called? A.rejoinder B.counter-rebuttal C.restitution D.resolution E.remittitur
rejoinder
In a civil case, the judge may reduce the amount of monetary damages awarded by the jury if he or she finds the jury to have been biased, emotional, or inflamed. This is called _____. A.restitution B.nullification C.rejoinder D.subrogation E.remittitur
remittitur
Lawyers typically operate on a contingency-fee basis for each of the following cases EXCEPT __________. A.product liability lawsuits B.personal injury lawsuits C.medical malpractice claims D.automobile accident lawsuits E.simple bankruptcy proceedings
simple bankruptcy proceedings
Many states have created _____ claims courts to hear cases involving small dollar amounts, such as $5,000 or less. A.deferred B.commercial C.personal D.small E.district
small
A party who disputes the jurisdiction of a court can make a _____ appearance in that court to argue against imposition of jurisdiction. Service of process _____ permitted during such an appearance. A.pro se; is B.general; is not C.special; is D.special; is not E.general; is
special; is not
The Texas Natural Resources Code is an example of a(n) _____. A.federal statute B.executive order C.ordinance D.treaty E.state statute
state statute
A(n) _____ is a written law enacted by the legislative branch of the federal and state governments that establishes certain courses of conduct to which covered parties must adhere. A.contract B.bill of attainder C.treaty D.accord E.statute
statute
A _____ establishes the period during which a plaintiff must bring a lawsuit against a defendant. A.statute of limitations B.rejoinder C.remittitur D.temporary injunction E.statue of repose
statute of limitations
Administrative law is a combination of _____ and _____ law. A.qualified; unqualified B.limited; unlimited C.substantive; procedural D.primary; secondary E.conditional; unconditional
substantive; procedural
What is the legal effect of a tie vote at the United States Supreme Court level? A.the lower court decision is reversed, and the vote is not precedent for later cases B.the lower court decision is affirmed, and the vote is precedent for later cases C.the lower court decision is reversed, and the vote is precedent for later cases. D.the lower court decision is remanded, with the sole issue on remand being the defendant's liability E.the lower court decision is affirmed, and the vote is not precedent for later cases
the lower court decision is affirmed, and the vote is not precedent for later cases
What was the main reason for the creation of law courts by William the Conqueror during the early development of the English common law? A.to establish civil law B.to eliminate unfair results and limited remedies C.to adopt the Romano-Germanic civil law system D.to administer the law in a uniform manner E.to codify the law of merchants
to administer the law in a uniform manner
What was the main reason for the establishment of chancery courts during the development of English common law? A.to eliminate unfair results and limited remedies of law courts B.to codify the law of merchants C.to administer the law in a uniform manner D.to establish civil law E.to adopt the Romano-Germanic civil law system
to eliminate unfair results and limited remedies of law courts
What is the function of an intermediate appellate court? A.to conduct voir dire B.to convene a jury C.to conduct a trial de novo D.to review the trial court record for errors E.to facilitate jury deliberations
to review the trial court record for errors
If all of the United States Supreme Court Justices agree as to the outcome and reasoning used to decide a case, it is a _____ decision. A.reversible B.majority C.plurality D.partisan E.unanimous
unanimous
Electronic courts (e-courts) may also be referred to as _______. A.web courthouses B.virtual courthouses C.digital courthouses D.computer courts E.network courts
virtual courthouses
Which of the following is NOT true regarding electronic dispute resolution? A.The registering party in an e-arbitration submits an amount that the party is willing to accept or pay. B.Unsettled e-arbitration and e-mediation disputes may be pursued further in court. C.Online arbitration and online mediation can be used to avoid paying substantial lawyers' fees and court costs. D.Online arbitration and mediation services charge fees. E.Electronic dispute resolutions still involve face-to-face meetings.
Electronic dispute resolutions still involve face-to-face meetings.
What does the highest state court system hear appeals from? A.only certain trial courts B.both intermediate appellate state courts and certain trial courts C.only general-jurisdiction trial courts D.only limited-jurisdiction trial courts E.only intermediate appellate state courts
both intermediate appellate state courts and certain trial courts
State courts have _____ jurisdiction with federal courts to hear cases involving diversity of citizenship and federal questions over which federal courts do not have exclusive jurisdiction. A.quasi- B.subordinate C.divergent D.concurrent E.conditional
concurrent
Under which type of arrangement do lawyers receive a percentage of the amount recovered by winning or settling a case? A.retainer fee B.contingency fee C.hourly rate D.consultation fee E.flat fee
contingency fee
Administrative law _____ preside over administrative proceedings. A.arbitrators B.counselors C.judges D.mediators E.commissioners
judges
The court may overturn the verdict if it finds bias or jury misconduct. This is called a _____. A.judgment n.o.v. B.reversal C.summary judgment D.remand E.judgment on the pleadings
judgment n.o.v.
Laws that make certain activities crimes are an example of which function of the law? A.maximizing individual freedom B.keeping the peace C.providing a basis for compromise D.facilitating orderly change E.facilitating planning
keeping the peace
A(n) _____ statute extends a state's jurisdiction to nonresidents who were not served a summons within the state. A.long-arm B.overarching jurisdiction C.jurisdictional reciprocity D.uniform jurisdiction E.short-hand
long-arm
If five United States Supreme Court Justices agree as to the outcome and reasoning used to decide a case, it is a _______ decision. A.tie B.plurality C.reversible D.unanimous E.majority
majority
A(n) _____ is a law enacted by local government bodies, such as cities and municipalities, counties, school districts, and water districts. A.statute B.accord C.ordinance D.treaty E.entreaty
ordinance
A motion for summary judgment is supported by evidence _____. A.in the counterclaim B.in the complaint C.unrelated to the subject litigation D.in the answer E.outside the pleadings
outside the pleadings
Laws that allow for the settlement of cases prior to trial are an example of which function of the law? A.facilitating planning B.providing a basis for compromise C.keeping the peace D.maximizing individual freedom E.facilitating orderly change
providing a basis for compromise
After the defendant's attorney has finished calling witnesses, the plaintiff's attorney can call witnesses and put forth evidence to rebut the defendant's case. This is called a _____. A.remittitur B.rebuttal C.restitution D.resolution E.rejoinder
rebuttal
To bring a lawsuit, a plaintiff must have _____ to sue. A.certification B.clearance C.dismissal D.standing E.legal representation
standing
A(n) _____ is a court order that directs the defendant to appear in court and answer the complaint. A.prayer for judgment continued B.injunction C.rejoinder D.interpleader E.summons
summons
The highest court in a state court system is usually referred to as the state _____ court. A.intermediate B.superior C.supreme D.district E.trial
supreme
Which of the following is NOT a recognized method of service of process? A.personal B.e-mailing C.newspaper publication of notice D.symbolic E.traditional mailing
symbolic