FINA 2244 Chap 1-4 Exam 1

Katzenbach vs. McClung involved a restaurant that serves food to black customers only take out windows. White customers would be seated. The supreme court held that the:

Civil rights of 1964 was constitutional and it applied the public accommodations, due to the commerce clause

Traditionally there have been more restrictions on:

Commercial speech then on political speech

Regulatory law may come from:

Congress State Legislatures President Administrative Agencies ALL THE ABOVE

Presidents have no legal influence over administrative agencies.

FALSE

To find a person guilty of a crime, the jury or judge must find that the preponderance (majority) of the evidence is against the accused.

FALSE

Law(s) are:

Forces that constrains people within society an attempt to settle disputes in a peaceful manner written statues passed by legislatures social rules that govern our behavior ALL THE ABOVE

The Judiciary

enforces laws enacted by legislative bodies contributes to the development of the common law reviews actions taken by the executive branch interprets laws enacted by legislative bodies ALL THE ABOVE

The U.S. Constitution:

established and limited the powers of the U.S. government

States may pass regulations that:

are stricter than federal regulations

The term "common law" refers to:

law made and applied by judges

In an affirmative defense:

none of the above

The discovery state in the trial process is intended for the:

parties to obtain information about The fax before the trial starts

Enforcement of law in a society is important because it:

provides some predictability and uniformity to the boundaries of acceptable conduct

Taxes are a powerful tool for:

regulation

Which of the following is NOT a part of the rules that govern behavior in most nations:

social customs ethics administrative rules formal rules ALL THE ABOVE

Which of the following is an accepted definition of law?

that which must be obeyed and followed by members of a society subject to sanctions or legal consequences

Powers not granted to the federal government are retained by states or are left to the people according to:

the Constitution

Executive orders are issued by:

the President

A case is:

the form in which a dispute comes to court

Which of the following statements are true?

the sale of marijuana is illegal worldwide the sale of alcoholic beverages is legal worldwide formal law is respected by all nations law applies to individuals only NONE OF THE ABOVE

Apportionment is meant to protect a company from:

Being taxed on more than 100% of its income

The United States Constitution:

-is the oldest written constitution in force in a major nation -establishes itself as supreme over state law -provides for the general powers and limits of the federal government -establishes a division in government powers called the separation of powers ALL OF THE ABOVE

The constitution was amended almost immediately to ensure that there was:

Adequate protection for individual rights

Specific performance refers to a remedy when the court:

All of the above

According to the Supreme Court, and Arizona are restricting the length of trains in a state is an example of:

An unconstitutional law

In the pleading known as the__________, The defendant will admit, deny, or say that it does not know the truth, with respect to each assertion of the plaintiff.

Answer

An appellate courts majority option:

Gives the legal rational the courts decision

Ginger attacks Richard and cuts him with a knife. He sues ginger. The jury awards Richard $50,000 for medical expenses and lost time at work and adds $100,000 to the award because Ginger was so vicious the $100,000 is called...

None of the Above

Right to Jury Trial

None of the above

The discovery stay in the trial process is intended for the:

Parties to obtain information about the facts before the trial starts

Which is the correct order of stages for a typical lawsuit

Pleadings, discovery, pretrial, trial, appeals

When judges use decisions from earlier legal cases for guidance in legal principles to solve current cases it is referred to as:

Precedent

With regard to state taxation, a major controversy today is:

States ability to tax Internet businesses

A plaintiff may win a lawsuit and only be awarded one dollar, that is, given nominal damages.

TRUE

Procedural law determines how substantive law is enforces through the court process.

TRUE

One important constitutional issue resolved in the 1819 case of McCulloch vs. Maryland was:

The superiority of feral law to state law

Which of the following is not true about expert witnesses and their testimony:

When experts conflict, the testimony of both sides will be stricken

Many studies find that there is a strong relationship between:

a well-functioning legal system and the level of economic development

Which of these issues may impact a company's operations?

a. Legal issues b. international issues c. political issues d. ethical issues e. ALL OF THESE e. ALL OF THESE