Legal Environment of Business Exam 1 Practice

The only unelected branch of government is the: A. legislative branch. B. judicial branch. C. executive branch. D. political branch. E. congressional branch.

B

Uniform codes and journal articles are primary sources of law. A. True B. False

B

Substantive law describes the legal rules that must be followed. A. True B. False

B *Procedural Law

A state may exercise which of the following to regulate the safety, health, morals and welfare of its citizens: A. Vice laws B. Enabling legislation C. Police powers D. Stare decisis E. Jurisdiction

C

How many Justices must agree in order for certiorari to be granted in any case? A. Two B. Three C. Four D. Five

C

Judges who adhere to the judicial activist philosophy believe: A. that any right not listed in the Constitution does not exist. B. they do not have the power to "invent" a new right. C. that the Constitution is a "living document." D. in preserving the original meaning of the Constitution. E. that their role is to strictly interpret the Constitution and nothing more.

C

Life, liberty and the pursuit of happiness represent which philosophy? A. Legal realism B. Legal positivism C. Natural Law D. Due Process E. Color of Authority

C

Marbury v. Madison established: A. the right to privacy. B. the right to habeas corpus. C. judicial review. D. the Magna Carta.

C

The U.S. Chief Supreme Court Justice is: A. Anthony Kennedy. B. John Roberts. C. Clarence Thomas. D. Steven Breyer.

C

Which Act requires creditors to accurately provide information concerning the costs involved in offers of credit? A. The Fair Credit Reporting Act B. Title VII of the Civil Rights Act C. The Truth in Lending Act D. The Sarbanes-Oxley Act E. The Federal Trade Commission Act

C

Which is the most expensive form of discovery: A. Interrogatories B. Requests for admissions C. Depositions D. Requests for production

C

The ____ case, which held that slaves were not "persons" accelerated the country into Civil War. A. Marbury B. Plessy C. Dred Scott D. Little Rock Nine

C *Dred Scott v. Sanford: Used Judicial review to overturn the Missouri compromise.

A party that has lost at appeal may file which of the following to argue why a case should be heard by a Supreme Court. A. a writ of mandamus. B. a writ of habeas corpus. C. a writ of quo warranto. D. a writ of scire facias. E. a writ of certiorari.

E

Marketers must take great care not to engage in deceptive advertising practices, lest their employer run afoul of the: A. Privacy Act. B. Sarbanes-Oxley Act. C. Ponzi Scheme. D. Regulation Z. E. Federal Trade Commission Act.

E

The destruction of key evidence before a trial is called: A. admission B. Spoliation C. request for production D. interrogatory

B

A defendant does not have to answer a complaint until what occurs? A. Voir dire B. Motion for answer C. Service of process D. Discovery

C

A lawyer's first duty is to: A. The judge B. The client C. The administration of justice D. The public

C

After a particular legal issue has been decided in a jurisdiction, there is a high probability that subsequent cases that present the same legal issue will use the same rule of law generated from already-decided cases regarding the same legal issue. This policy is known as _____. A. stare decisis B. bicameral C. unconstitutional D. vice laws E. enabling legislation

A

An artist who has brought a claim against a gallery for failure to provide appropriate lighting during a recent exhibit (as guaranteed in a contract) would have standing to litigate. A. True B. False

A

An opinion that expresses agreement with the majority's outcome, but not their reasoning, is called a: A. concurring opinion. B. dissenting opinion. C. majority opinion. D. nonconforming opinion. E. memorandum opinion

A

Constitutions, statutes and judicial opinions would all be examples of primary sources of law. A. True B. False

A

Identify the correct statement about the trial and appeal process. A. Attorneys do not make any arguments during the opening statement; they simply lay out what jurors can expect from the trial ahead. B. During the direct examination phase, leading questions are permitted. C. A party can make a for cause challenge against a juror, without giving any reason for the challenge. D. Once the prosecution rests its case, the defendant may make a motion for a directed verdict, which can be made only during the trial after the jury returns a verdict. E. The burden of proof in a criminal case is "preponderance of evidence" while the burden of proof in a civil case is "beyond a reasonable doubt."

A

If a defendant doesn't answer a civil complaint, what is the result? A. Default judgment against defendant B. Bench arrest warrant issued against defendant C. Automatic 30-day stay granted for defendant D. Automatic 60-day stay granted for defendant

A

Legal realism is like legal positivism in the belief that the: A. Law is the product of human making. B. Outcome of any legal dispute depends upon who is in the position to exercise power under law. C. Social and economic considerations of a case should be brought to bear in legal decision making. D. Judges do not use any factors other than the written law when rendering decisions. E. Judicial interpretation is necessary and was contemplated by our Founding Fathers as a built-in check and balance to the other branches of government.

A

Standing requires that a case be brought at the right time and by the right person. A. True B. False

A

The rules of subject matter jurisdiction dictate whether a case is heard in state or federal court. A. True B. False

A

In the Dred Scott v. Sanford case, the Supreme Court refrained from using the power of judicial review to strike down legislation. A. True B. False

B

Jury selection is also known as: A. Jury nullification B. Voir dire C. Fungible D. Grouping

B

One of the grand jury's job is to determine guilt or innocence in a criminal trial or liability in a civil trial. A. True B. False

B

The Supreme Court's jurisdiction is mandatory, not discretionary. This means the justices do not have a choice in choosing the cases they want to hear. A. True B. False

B

The U.S. Constitution created the structure of the federal government by distinguishing which three branches? A. City, state, federal. B. Executive, legislative, judicial. C. Legislative, judicial, administrative. D. International, tribal, state. E. Public, private, procedural.

B

A motion for a judge to rule on a case based solely on the answer and complaint is called A. motion to dismiss B. motion for judgment on the pleadings C. motion for directed verdict D. motion for expedited decision

B

A remedy that requires complete performance in a breach, rather than monetary damages is known as: A. nominal performance B. specific performance C. punitive performance D. voir dire E. restitution

B

An attorney who becomes aware that his or her client intends to commit perjury is required to remain quiet about the act due to attorney-client privilege. A. True B. False

B

Asking complete strangers about their income: A. is customary B. may violate social norms, but does not violate the law. C. violates the law and may violate social norms D. violates the law, but does not violate social norms.

B

During Justice Scalia's interview with 60 Minutes, he stated that judicial activists believe the Constitution must be interpreted as it was meant when it was written, whereas originalists believe that the Constitution must be interpreted in light of society's needs. A. True B. False

B

During the 60 Minute interview with Justice Scalia, Justice Ginsburg indicated that the Constitution evolves and should reflect changes in society. Accordingly, going back to what was meant originally when the Founding Fathers wrote "We the People ..." Justice Ginsburg indicated that women and African-Americans would not have been among the People in 1787 as they are today. What ideological camp would Justice Ginsburg fall: A. Strict Constructionist B. Judicial Activist C. Originalist D. Both A and C, but not B

B

In Roe v. Wade, judicial activists believe that Roe has no constitutional foundations to stand on since there is no right to privacy mentioned in the Constitution. A. True B. False

B

"Fundamental fairness" requires that defendants must have ________ with a jurisdiction in order to be sued. A. Res judicata B. Voir dire C. Minimum contacts D. Writ of certiorari

C

. prohibits discrimination related to protected characteristics in hiring and employment practices. A. Executive Order 11246 B. The Magna Carta C. The Charter of Liberties D. Title VII of the Civil Rights Act E. The Sarbanes-Oxley Act

D

A case that involves a plaintiff claiming that injury will come from a law if it is passed would be considered: A. dismissive B. irrelevant C. moot D. unripe E. disputable

D

Judges who adhere to the judicial activist philosophy believe: A. that any right not listed in the Constitution does not exist. B. they do not have the power to "invent" a new right. C. that the Constitution is a "living document." D. in preserving the original meaning of the Constitution. E. that their role is to strictly interpret the Constitution and nothing more.

D

Legal positivism is: A. an action taken under the law. B. a belief that humans possess certain inalienable rights that are not the products of human-made law. C. a belief that the law is less important than who is in the position to enforce it. D. a belief that the law is whatever the sovereign says it is. E. null

D

President _____ decided to stack the Supreme Court in order to push through his legislative package during the great depression: A. Wilson B. Eisenhower C. Truman D. FDR

D

The State of Ohio is in the _____ Circuit, along with Michigan, Kentucky and Tennessee. A. 1st B. 9th C. 3rd D. 6th E. 7th

D

The dynamic power sharing between state and federal governments is known as: A. constitutionalism. B. liberalism. C. originalism. D. federalism. E. confederation.

D

The majority opinion is: A. an opinion expressed in the friend-of-the-court brief. B. an opinion of only one judge who agrees with the outcome and reasoning employed by the court. C. an opinion written by a judge who agrees with the outcome of a case but disagrees with the reasoning behind it. D. an opinion of the court, written by a single judge and joined by other judges who voted the same way. E. an opinion of the Supreme Court that only three justices need to agree for a case to be heard.

D