LEGL 2700 Test 1 Quizzes
The 14th Amendment to the Constitution made the Bill of Rights apply to the States and not just the Federal government. This is referred to as the ____
Incorporation Doctrine
Juries are "triers of fact" while judges are "triers of law."
True
Long-arm statutes permit courts to obtain personal jurisdiction over out-of-state defendants.
True
Most people are more likely to do business in a country with a strong history of Rule of Law.
True
The idea that states cannot pass laws that discriminate against other states even if the federal government does not have laws that preempt the state laws is known as:
Dormant Commerce Clause
Discovery is part of the post-trial process when the court looks to find out what assets a defendant has in order to carry out a judgment.
False
Eminent Domain cases have a 5 part test: 1) Taking, 2) Public Use, 3) Just Compensation, 4) Marketable Property, 5) Fundamental Fairness
False
Free Speech (as protected by the 1st Amendment to the Constitution) is limited to spoken words and printed material.
False
"Corporate Governance" refers to the way Congress passes laws to favor corporations over other types of legal entities. The effect is this often disadvantages small businesses.
False
"Law" and "Rule of Law" are the same thing.
False
All cases must start in Federal court and then may be moved to State court depending on the matter being litigated.
False
In the hierarchy of laws, the only thing higher than a ruling from the Supreme Court is a local ordinance. This is because what happens locally is more important than what 9 people in Washington DC decide.
False
Irrespective of the class of people effected or liberty being considered under the Equal Protection Clause of the 14th Amendment, the Court applies the same standard which is whether the "...law has a rational connection to a permissible state end."
False
Juvenile courts are courts of general jurisdiction.
False
Stare decisis is the concept that all laws must be written by a duly elected legislature that represents the interests of the electorate.
False
The 27 Amendments to the Constitution are referred to as the "Bill of Rights."
False
The Constitution replaced the Magna Carta which was keeping U.S. citizens subordinate to the King of England.
False
The Free Speech clause of the 1st Amendment addresses the only freedom that is truly absolute where there can be NO restrictions by the federal government whatsoever.
False
"Resources" are what you own while "Property Rights" are your ability to keep others from interfering with what you own.
True
One way to get a case heard in Federal Court is to have diversity of citizenship AND greater than $75,000 as the amount in controversy.
True
Parties generally file briefs and participate in oral arguments in appellate courts. Also, the parties are not allowed to call witnesses even if they think they have useful information to present to the judges.
True
The number of peremptory challenges of potential jurors is limited.
True
Federalism refers to:
Vertical separation of powers between the federal and state governments
To establish standing, the following is/are required:
an actual case or controversy AND the plaintiff has a personal stake in the matter
