MHR 461 EXAM 1

Many studies find that there is a strong relationship between: A. a well-functioning legal system and the number of prisons B. a well-functioning legal system and incidence of disease C. a well-functioning legal system and the birth rate D. the level of corruption and life expectancy E. none of the other choices

E

Powers not granted to the federal government are retained by states or are left to the people according to: A. the Court of Law B. the Supreme Court in Marbury v. Madison C. the common law D. Executive Order 153 E. none of the other choices are correct

E

State judges: A. are elected in non-partisan (no party affiliation) in some states B. are elected in partisan (party) elections in some states C. are appointed by the governor in some states D. are selected by the legislature in some states E. all of the other choices are correct

E

The United States Constitution: A. is the oldest written constitution in force in a major nation B. provides for the general powers and limits of the federal government C. establishes a division in governmental powers called the separation of powers D. establishes itself as supreme over state law E. all of the other choices are correct

E

The United States Constitution: A. lacks both clear rules and general principles B. has only specific rules C. has only "theoretical" principles D. has one fundamental goal E. none of the other choices

E

The doctrine that protects judges from suits for damages for judicial acts is called: A. the doctrine of judicial worth B. the doctrine of judicial privilege C. the doctrine of judicial knowledge D. the doctrine of judicial cause E. none of the other choices is correct

E

The reasonable "doing of something about disputes" refers to: A. the business of the private sector B. the need for regulations C. the leadership of management D. the structure of courts E. none of the other choices

E

Unlike federal judges, most state judges: A. serve for life B. cannot be impeached C. can only be impeached for criminal offenses D. cannot be married E. none of the other choices are correct

E

Which of the following is NOT a part of the rules that govern behavior in most nations: A. ethics B.formal rules C.social customs D. administrative rules E. all of the other choices are parts of the rules

E

Which of the following is NOT an Article of the Constitution: A. composition and powers of Congress B. selection and powers of the president C. creation and powers of the federal judiciary D. role of the states in the federal system E. all of the other specific choices are Articles of the Constitution

E

T/F: A case may enter the appellate stage if the losing party at the trial stage believes an error in determining the facts has been made during the course of the trial.

FALSE

T/F: A problem with the doctrine of stare decisis in common law is that judges are forced to stand by old rules, even if they no longer seem appropriate.

FALSE

T/F: A purpose of discovery is to allow parties to develop arguments for courtroom use that the other side will not have thought about.

FALSE

T/F: A suit involving a dispute for $45,000 over a contract signed in New York under New York law with parties from two different states could be tried in federal court using federal law or in a New York court using New York law.

FALSE

T/F: Administrative agencies are typically created by court orders.

FALSE

T/F: All courts have general jurisdiction.

FALSE

T/F: Amendments to the Constitution become effective when approved by two-thirds of the House and the Senate and signed by the President.

FALSE

T/F: American common law was approved for adoption in Article III of the U.S. Constitution.

FALSE

T/F: Any one member of the Supreme Court can accept a case for the Court to hear.

FALSE

T/F: Appeals of decisions of regulatory agencies must go to the federal district court in the District of Columbia.

FALSE

T/F: At an arbitration hearing, the procedure followed is very similar to a courtroom trial.

FALSE

T/F: Because it is an appellate court, the U.S. Supreme Court has no original jurisdiction.

FALSE

T/F: Common law changes only by acts of the legislature.

FALSE

T/F: Delaware is the only state with a legislature that only has one part or house. All other states have a two-part legislature.

FALSE

T/F: If a government regulation applies differently to different persons, so long as it is applied "evenly" there is usually no violation of the due process clause of the 14th Amendment.

FALSE

T/F: If a plaintiff files suit against a defendant for something that happened five years ago and there is a three year statute of limitation in which to bring suit, the defendant has what is called a negative defense.

FALSE

T/F: If a regulatory action by a government destroys half the value of a person's property, the Supreme Court has held that the property owner must receive compensation under the Takings Clause.

FALSE

T/F: If a state bans the sale of milk that is not produced by cows in the state, the ban will probably be upheld as constitutional because it helps ensure the freshness of milk.

FALSE

T/F: If a state regulates a business and later Congress imposes its own regulations, under the Tenth Amendment, the existing state rules may not be replaced by federal rules adopted later.

FALSE

T/F: In Davis v. Baugh Industrial Contractors the Washington supreme court held that the traditional common law rule regarding negligence by a contractor could be changed only if a majority of state supreme courts agreed to change the rule.

FALSE

T/F: In Davis v. Baugh Industrial Contractors the Washington supreme court held that the traditional common law rule regarding negligence by a contractor could not be changed.

FALSE

T/F: In Erie v. Tompkins, where Tompkins was hit by a New York train in Pennsylvania, the Supreme Court held that the matter must be tried under federal law because the law of New York and Pennsylvania were in conflict.

FALSE

T/F: In Wickard v. Filburn, the Supreme Court held that if a farmer only produced wheat to be used on that farmer's property then there is no commerce to be regulated by Congress.

FALSE

T/F: In most years, the Supreme Court hears and decides about 20 cases.

FALSE

T/F: In the federal and state systems, the only courts with general jurisdiction are the U.S. and state supreme courts.

FALSE

T/F: Information gathered at a deposition before trial may not be used as evidence at trial.

FALSE

T/F: It is the defendant's responsibility to seek a writ of execution if she fails to pay a judgment.

FALSE

T/F: It was not until the 1930s that the Supreme Court held the states could not interfere with federal regulation of business.

FALSE

T/F: Legal documents could not be transmitted electronically due to common law rules based upon use of documents printed and delivered on paper.

FALSE

T/F: Most federal court of appeals cases are reviewed by the Supreme Court.

FALSE

T/F: Negotiation is the most widely recognized form of ADR.

FALSE

T/F: Punitive damages are awarded only in criminal cases in order to punish wrongdoer.

FALSE

T/F: Service of process is said to be complete when the clerk of the court schedules a case for trial.

FALSE

T/F: Several times over the years, Congress has punished federal courts for decisions Congress did not like by cutting the salary of judges.

FALSE

T/F: Small claims courts in all states may not hear cases involving amounts in dispute over $1,000.

FALSE

T/F: Some states require that no matter what the dispute, all cases must be tried under the law of that state. No conflict-of-law tests will be applied.

FALSE

T/F: Statutory law is created by executive order.

FALSE

T/F: The Commerce Clause requires Congress and the states to share the power to regulate domestic business.

FALSE

T/F: The Commerce Clause, in practice, has a small effect on the operation of business in the United States.

FALSE

T/F: The Constitution requires each state court system to have appeals courts and a supreme court.

FALSE

T/F: The Necessary and Proper Clause concerns the specific steps Congress must take to pass needed laws under the Constitution.

FALSE

T/F: The President may not create any law without the permission of Congress.

FALSE

T/F: The Supreme Court has never reversed itself on a major constitutional issue.

FALSE

T/F: The Supreme Court in Hughes v. Oklahoma held that when states have a "compelling interests" in regulating an area, such as environmental protection, that interest supersedes the Commerce Clause.

FALSE

T/F: The U.S. Constitution requires every state to have a legislature that has two parts, a house and a senate (or some bodies with similar structure).

FALSE

T/F: The U.S. Supreme Court must accept appeals from state supreme courts when there is a conflict of laws between two or more states.

FALSE

T/F: The doctrine of forum non conveniens applies only in federal district courts, not state trial courts.

FALSE

T/F: The first of the pleadings is known as "a claim."

FALSE

T/F: The general rule is that a party may refuse to provide documents or other evidence if the party believes the request to be irrelevant.

FALSE

T/F: The only federal courts in which a jury is used are the courts of appeals.

FALSE

T/F: The only kinds of opinions an appellate court may issue are called majority and dissenting opinions.

FALSE

T/F: The plaintiff's answer to a defendant's counterclaim is known as a counter-counterclaim.

FALSE

T/F: To become effective, the original Constitution had to be adopted by at least one half of the original states of the union.

FALSE

T/F: Traditionally, in contracts cases, the conflict-of-law rule is that the law of the state in which a contract was breached will determine the validity of the contract.

FALSE

T/F: When a federal judge is impeached from office, the trial is heard by the Supreme Court, unless a Supreme Court judge is involved.

FALSE

T/F: When a plaintiff files a lawsuit, the bailiff is responsible for service of process to the defendant.

FALSE

T/F: When a plaintiff files an action against a defendant, it is called the notification.

FALSE

T/F: When expert testimony is critical to a case, but is excluded as unreliable, the affected party has the right to hold the trial while obtaining a credible witness.

FALSE

T/F: When giving answers to interrogatories, the witness may not leave the room to look up information.

FALSE

T/F: When the plaintiff files a case, the pleadings must include a summary of the major evidence that supports the claims.

FALSE

T/F:In arbitration, a third party who has no special knowledge of the subject matter of the dispute is generally used to settle the controversy

FALSE

T/F: A state may charge higher fees for disposal of hazardous wastes if the wastes are generated outside the state than for hazardous wastes that are generated in-state.

FASLE

T/F: If Congress passes a regulation, a state is allowed to eliminate parts of the federal rule that injure businesses in that state.

FASLE

T/F: In Skinner v. Railway Labor Executives Assn, the Supreme Court held that all mandatory breath, urine, and blood tests are unconstitutional warrantless searches.

FASLE

T/F: Juries are used in state courts, but not in federal court.

FASLE

T/F: The Sixth and Seventh Amendments provide for the right to jury trial in every kind of court case.

FASLE

T/F: The Supreme Court defines the term "interstate," as used in connection with the Commerce Clause, narrowly.

FASLE

T/F: A deposition is taken under oath; it allows attorneys from both sides to be present.

TRUE

T/F: A plaintiff may win a lawsuit and only be awarded one dollar; that is, given nominal damages.

TRUE

T/F: A preliminary injunction is also known as an interlocutory injunction.

TRUE

T/F: A preliminary injunction is issued by a court if it finds that the plaintiff will likely prevail on the merits of a dispute and will suffer an irreparable injury in the absence of a court order.

TRUE

T/F: A state may not regulate the airline industry, even if flights come into the state, because Congress has chosen to regulate the industry.

TRUE

T/F: A state may regulate public health without permission of Congress.

TRUE

T/F: A suit involving a dispute for $1 million over a contract signed in Ohio under Ohio law with parties from two different states could be tried in federal or Ohio courts using the same law.

TRUE

T/F: A suit involving a dispute for $45,000 over a contract signed in Pennsylvania under Pennsylvania law with parties from two different states would be tried in a Pennsylvania court using Pennsylvania law.

TRUE

T/F: A temporary restraining order (TRO) is usually granted to preserve things as they are so the court has time to hold a hearing on the matter in dispute.

TRUE

T/F: A writ of certiorari directs a lower court to send up the record of a case for review by the Supreme Court.

TRUE

T/F: After pleadings, litigation enters the discovery stage.

TRUE

T/F: An affirmative defense by the defendant is a "legal excuse" for the behavior that occurred.

TRUE

T/F: An important state law affecting the legal regulation of business is the Uniform Commercial Code.

TRUE

T/F: Common law in the U.S. has its origin in England.

TRUE

T/F: Compensatory damages are intended to give injured parties to restore them to the economic position they were in before they suffered an injury.

TRUE

T/F: Congress and the states may share regulatory responsibilities.

TRUE

T/F: Due process rights are concerned with the fairness of law enforcement procedures as well as with the content of legislation.

TRUE

T/F: Due process under the 14th Amendment may be violated when the state infringes on fundamental liberty interests that fail a test of compelling state interest.

TRUE

T/F: Executives working for a corporation accused of a federal crime can be compelled to testify against their company because the Fifth Amendment does not apply to corporations.

TRUE

T/F: Expert witness testimony will be thrown out if it does not comply with the standards of the profession or science involved.

TRUE

T/F: Federal judges are nominated by the President and confirmed by the Senate.

TRUE

T/F: If a court does not have jurisdiction over the person of a defendant, the defendant may move to have the plaintiff's case dismissed.

TRUE

T/F: If a defendant does not respond to a case filed by a plaintiff, the plaintiff wins.

TRUE

T/F: If a plaintiff files a case and the defendant agrees with all the facts claimed by the plaintiff, the defendant may still be able to get the case dismissed for failure to state a claim.

TRUE

T/F: If the federal government creates regulations over certain business practices, states may not imitate those regulations if state rules, like the federal rules, will limit interstate commerce.

TRUE

T/F: In Erie v. Tompkins, where Tompkins was hit by a New York train in Pennsylvania, the Supreme Court held that federal common law, as first announced in Swift v. Tyson, was to be abandoned in favor of state common law.

TRUE

T/F: In Katzenback v. McClung, concerning race discrimination at a restaurant, the Court held that the Constitution allows federal regulation of even local businesses.

TRUE

T/F: In McCulloch v. Maryland the Supreme Court held that federal government actions are "supreme" over actions taken by state governments.

TRUE

T/F: In McCulloch v. Maryland the Supreme Court upheld the constitutionality of a bank chartered by Congress.

TRUE

T/F: In New York v. Burger, the Supreme Court held that a closely regulated industry may be subject to warrantless searches without violating the Constitution.

TRUE

T/F: In equity, courts may order specific performance as a remedy.

TRUE

T/F: In general, the Supreme Court holds it constitutional for Congress to regulate most every aspect of business.

TRUE

T/F: In some states, judges are appointed by the governor.

TRUE

T/F: It was a violation of the equal protection clause of the Constitution for the state of Virginia to offer certain higher education benefits to men but not to women.

TRUE

T/F: Judges are protected from damages caused by bad decisions they make on the bench by judicial immunity.

TRUE

T/F: Like the federal court system, state courts have a system of appellate courts and courts of original jurisdiction.

TRUE

T/F: One of the benefits of the common law is that it is flexible in changing with the times.

TRUE

T/F: State judges, unlike federal judges, are generally not appointed for life.

TRUE

T/F: The Constitution creates the executive, legislative, and judiciary branches of the federal government.

TRUE

T/F: The Court of Appeals for the Federal Circuit has national jurisdiction.

TRUE

T/F: The Fifth Amendment prohibits the taking of private property by government without compensation.

TRUE

T/F: The Fifth Amendment protects individuals against self-incrimination.

TRUE

T/F: The Fourteenth Amendment has been a powerful device for extending federal constitutional guarantees to the states and preventing states from passing laws diminishing federal constitutional protection.

TRUE

T/F: The Sixth Amendment holds that there is a right to jury trial in criminal cases.

TRUE

T/F: The Supreme Court in Hughes v. Oklahoma held that the state was unconstitutionally discriminating in interstate trade.

TRUE

T/F: The Supreme Court in Hughes v. Oklahoma held that when states have legitimate interests in regulating an area the regulations imposed must impose as small a burden as possible on interstate commerce, given the alternatives.

TRUE

T/F: The U.S. Constitution is the oldest written constitution in force of any major nation.

TRUE

T/F: The U.S. judicial system is considered to be "adversarial."

TRUE

T/F: The doctrine of stare decisis means that decisions in past cases will be followed in resolving present cases.

TRUE

T/F: The equal protection clause of the 14th Amendment is used by the courts to ensure that all persons are treated equally under the law.

TRUE

T/F: The first ten amendments to the Constitution are the Bill of Rights.

TRUE

T/F: The general rule is that one does not have to produce evidence for the opposing party if to do so is "unduly burdensome."

TRUE

T/F: The plaintiff selects the court in which to file an action against a defendant.

TRUE

T/F: The rule that evidence gathered in violation of the Fourth Amendment may not be used in prosecution is known as the exclusionary rule.

TRUE

T/F: The separation of powers determined by the U.S. Constitution means that each branch of government has functions that can be checked by other branches.

TRUE

T/F: The venue of a case may be changed due to excessive publicity about the matter.

TRUE

T/F: There is no right of appeal in a criminal case lost by the government at the district court trial.

TRUE

T/F: Trial courts at both the federal and state level are called courts of original jurisdiction.

TRUE

T/F: When a court hears an appeal it may affirm, modify, or reverse the decision of the trial court.

TRUE

T/F: With the exception of the U.S. Supreme Court, Congress has the power to abolish and create federal courts.

TRUE

T/F: You are charged with violating federal law because you allowed your factory to emit pollutants into the atmosphere. You may be held liable for $500,000 in civil penalties, which would bankrupt you. You have no right to a jury trial.

TRUE

T/F: You own a house on land that is subject to local zoning regulations. When you apply for a building permit to enlarge your house, the zoning officials tell you that you will get the permit only if you give half of your backyard to the local parks department. This is probably unconstitutional.

TRUE

T/F:If a defendant files a claim against the plaintiff, the plaintiff must respond to that claim.

TRUE

T/F:The discovery process often reduces the number of issues in a case.

TRUE

Federal judges may be impeached for: A. bribery B. marital infidelity C. inconsistency D. refusal to say the Pledge of Allegiance E. none of the other choices are correct

A

In 1789 the U.S. Constitution became effective after: A. it was ratified by 9 of the 13 original states B. it was ratified by all of the 13 original states C. it was drafted by the judicial branch D. Thomas Jefferson signed it E. George Washington wrote it

A

The Constitution was amended almost immediately to ensure that there was: A. adequate protection for individual rights B. adequate tax laws C. adequate protection for big businesses D. adequate protection for small businesses E. adequate protection for Supreme Court Justices

A

The Missouri System for choosing state judges: A. is an example of a system that mixes the election and appointment processes B. is an example of a system that uses the election process C. is an example of a system that uses the appointment process D. is an example of a system that does not work E. is an example of an internationally accepted system

A

The Supreme Court was created: Correct! A. by the Constitution B. by the Declaration of Independence C. by England when the U.S. was a colony; it was retained when the nation was formed D. by the Bill of Rights E. by Congress in 1832

A

Which of the following are reflected in some aspect of law: A. honesty and integrity are reflected by the enforceability of contracts B. respect for other people and their property is reflected in agency law C. some measures of acceptable behavior are reflected in tort and property law D. all of the other specific choices E. none of the other specific choices

A

Both ____ and ____ are part of the rules that govern behavior in most nations. A. philosophy and sociology B. customs and ethics C. formal rules and psychology You Answered D. all of the other specific choices E. none of the other specific choices

B

Federal judges are appointed for: A. a term of four years B. life C.a term of ten years D. a term of fourteen years E. none of the other choices

B

Original jurisdiction means power to: A. revise or correct proceedings by a lower court B. accept a lawsuit, try it, and pass judgment C. remove a lawsuit from a court to arbitration D. appoint special prosecutors to investigate a case of alleged abuse E. legally create disputes

B

The United States Constitution: A. is the oldest written constitution except for those in England (U.K.) and Spain B. created the three branches of government C. established the common law D. created the cabinet officers (Secretary of State, Secretary of Defense, etc.) E. all of the other choices are correct

B

The doctrine of judicial immunity protects judges' ability to: A. respond to public opinion B. be independent decision makers C. work from home D. be influenced by political parties E. none of the other choices are correct

B

Both state and federal court systems have lower courts of ____, where disputes are first brought and tried. A. appellate judgment B. appellate jurisdiction C. original jurisdiction D. final jurisdiction E. original crime

C

George Washington presided over a convention at which the U.S. Constitution was drafted in which city? A. Washington, D.C. B. Richmond C. Philadelphia D. Baltimore E. New York

C

The U.S. Constitution creates: A. the rights of citizens B. stare decisis C. the executive branch of government D. informal law E. none of the other choices are in the Constitution

C

The United States Constitution divides governmental power to prevent: A. extreme gaps in income B. states from becoming too powerful C. the tyranny the founders experienced under King George III D. excessive taxation E. none of the other choices

C

The United States Constitution is: A. an unwritten document B. an understanding between the people and the government C. the highest legal authority D. the second highest legal authority; the Executive is the highest legal authority E. the supplementary law of the land

C

The fundamental law of the nation is the: A. Declaration of Independence B. Bill of Rights C. Constitution D. magna charta E. curia regis

C

Federal judges are nominated by: A. the Congress B. the Senate C. the state legislatures D. the President E. the House of Representatives

D

One example of the law working to effect social change in the U.S. is in the area of: A. commercial paper B. negotiable instruments C. easements D. racial discrimination E. covenants

D

The U.S. Constitution provides that the judicial power (the court system) is: A. determined by the Congress establishing such courts as it deems necessary B. determined by the President with the advice and consent of the Senate C. in one Supreme Court and in lower courts as the Supreme Court may establish D. in one Supreme Court and in lower courts as Congress may establish E. none of the other choices are correct

D

The federal court system is a(n) ____ system: A. one-level B. executive C. legislative D. three-level E. four-level

D

Which of the following are part of the federal court system: A. U.S. district courts B. U.S. courts of appeals C. U.S. Supreme Court D. all of the other specific choices are correct E. none of the other specific choices are correct

D

By the use of laws and the legal system, the government can: A. change acceptable behavior B. instruct people on what is allowed in certain circumstances C. encourage certain types of business activity D. impose sanctions to try to eliminate certain business activities E. all of the other choices are included

E

If a federal judge is impeached from office: A. they keep their salary for life B. they are tried by the President C. they are tried by the House D. the President removes them from office E. none of the other choices are correct

E

In an orderly society, law and the legal system help to: A. influence the behavior of members of society B. resolve disputes C. maintain the important values of society D. provide a way for important social changes to take effect E. all of the answers are part of the role of law

E

Law(s) is (are): A. an attempt to settle disputes in a peaceful manner B. forces that constrains people within a society C. social rules that govern our behavior D. written statutes passed by legislatures Correct! E. all of the other choices are correct

E