Business Law Test 1 Exam revieww

The filing of the complaint begins which state of litigation? A). The pleadings B). The trial C). Voir Dire D). discovery

A

T or F * Most agencies do not have an enforcement division to investigate, and they rely on the department of justice for this function.

False

T or F * The judge determines whether a crime is a misdemeanor or a felony.

False

T or F *Courts routinely question and overturn administrative-agency decisions involving how and when an agency enforces a regulation.

False

T or F *The U.S. system of common law is deep-seated in the French common law established by the Norman Kinds around 1066.

False

T or F *The power of courts to establish law in matters not specifically addressed by statutes; Is very limitied in common law countries.

False

Written laws, passed by federal or state legislative then approved or rejected by the executive branch.

statute

T or F * Administrative warrants are held to the same probable cause standards as criminal warrants.

False

T or F * An agency's prosecutorial discretion is seen as practically un-reviewable by the courts.

False

In the civil system, the term litigation refers to A). Both the pretrial and the trial B). the trial itself C). Post trial enforcement of judgements D). matters that occur prior to the trial

A

A state says that all trucks in the state, as well as passing through, need to instal truck flaps behind their tires. Each flap costs $1000 and if you don't have the flaps on you are subject to a fine. In short, you either have the flaps or drive around the state. This law is... A). Invalid because, although on its face it is an interstate law, this statute will have a significant economic effect on interstate commerce, causing an undue burden. B). Invalid because, this law is intended to regulate interstate commerce, an enumerated federal power. C). Valid because, it only applies to that state's roads and such a law is entirely intrastate. D). Valid because, It is the state's right to protect its citizens under its police powers will override any outside challenges to this law.

A.

A state's appellate court has made a decision in a certain case. The decision becomes case precedent in all cases EXCEPT the cases heard in which? A). The state's general trial court B). The state's supreme or highest court. C). The state's inferior or small-claims court. D). The state's special courts, such as family or probate court.

B). The state's supreme or highest court.

You are walking down the street, minding your own business. A cop driving by decides to stop you and although you have committed no crimes, he conducts a pat-down search and finds a small bag of weed. Under these circumstances, this is A). A legal search because illegal drugs were found, justifying the officer's actions. B). An illegal search under the 4th amendment protections. C). An illegal search under the 5th amendment protections. D). A legal search because police are given broad discretion to use their experience to fight crime and obviously the police officer was correct in this case.

B.

Depositions are A). Written questions, answered in writing, asked for parties and witnesses. B). Written questions, answered in writing, asked of parties C). Oral questions, answered orally, asked of parties and witnesses. D). Oral questions, answered orally, asked only of the parties.

C

Diversity jurisdiction requires citizens of two different states A). or a controversy of $50,000 or more B). And a controversy of $50,000 or more C). And a controversy of $75,000 or more D). Or a controversy of $75,000 or more

C

The concept that in order to pass judicial matter, the evidence must show that the agency made its final decision based on a consideration of relevant factors without any clear errors of judgement is known as the A). McDonnell Douglas Test B). Chevron Test C). Arbitrary and capricious standard D). Logical-outgrowth Test

C

The state of Delaware has passed a new law banning cell phone use while driving a motor vehicle within the state. This law would be defined as A). A regulation B). A common law C). A statute D). An ordinance

C). Statute because it is a new state wide law

The principal federal trial court is the... A). U.S. Supreme Court B). U.S. court of appeals C). U.S. district court D). U.S. circuit court

C.

designed to compensate parties for losses as a result as another's conduct (person vs person)

Civil Law

designed to protect society, and violation results in either fines or imprisionment (person vs state)

Criminal Law

You are on trial for arson. For you to be found guilty, your guilt must be proved A). By a reasonable preponderance of the evidence. B). Beyond a reasonable doubt C). beyond a preponderance of the evidence. D). By a preponderance of the evidence.

D or B (NOT 100% Sure)

T or F *When a Pennsylvania appellate court makes a decision, stare decisis requires that Delaware trial courts follow the case precedent when a case with similar fact situation arises.

False

The same act cannot cause a criminal and civil wrong at the same time.

False

T or F * John and Joe had a car accident, and Joe has sued John claiming severe back injuries. If John wants to obtain a copy of Joe's doctor and hospital reports, he should serve a request for admissions to Joe.

False (Request for admissions means to have Joe admit or deny the truth under oath.)

T or F & Why? *Jack and Jill are filing for divorce. Their marital home, which they still live in, is worth $7.5 million and their furniture and other assets are worth more than $25 million. Jill wants half of everything, but Jack doesn't think she deserves more than 25%. They may file in federal court to have their dispute adjudicated.

False, they do not go to a federal court in this situation. This is a state court case.

written laws at local level (Not state bound laws, city bound laws)

Ordinance

What is diversity jurisdiction?

People from two different states having a controversy with something dealing with $75,000 or more.

Binding arbitration means what?

The decision of the arbitrator will be final and the parties are barred from agreeing to reopen the case.

T or F *Freedom of speech, as defined in the constitution, is an example of substantive law.

True; substantive laws provide individuals with rights and certain duties

T or F * A business that is subject to an agency's jurisdiction is required to turn over documents relevant to determining compliance with a particular rule.

True

T or F * White collar crime usually consists of nonviolent types of crimes.

True

T or F *Although arbitration and medication are legitimate dispute resolution methods, they may not always result in a satisfactory outcome for both sides of the dispute.

True

T or F *Josh has been charged with a crime for which the maximum punishment is a fine and up to 6 months in jail. The crime he has been charged with is a misdemeanor.

True

requires courts to adhere to a strict interpretation of established codes or conducts Ex.France/Japan/Louisiana

civil law

uniform method to resolving disputes

common law

Similar cases with similar facts and issues should have the same judicial outcomes

doctrine of stare decisis