BUS 201 Exam 1 Study Guide

There are​ _____ circuits in the federal court system. A.25 B.13 C.100 D.50 E.9

13

There are​ _____ U.S. District Courts. A.100 B.50 C.76 D.94 E.49

94

​_____ law is enacted by governments that regulate industries and business and professionals. A.Administrative B.Constitutional C.Equity D.Common E.Appellate

Administrative

​_____ is a form of alternative dispute resolution in which the parties choose an impartial third party to hear and decide the dispute. A.Absolution B.Negotiation C.Arbitration D.Mediation E.Summary judgment

Arbitration

​________ courts were allowed to give equitable remedies under the English common law. A.Chancery B.Merchant C.Law D.French E.German

Chancery

The​ _____ School of jurisprudence believes that the law is a set of rules​ developed, communicated, and enforced by the ruling party rather than a reflection of the​ society's morality,​ history, logic, or sociology. A.Analytical B.Command C.Sociological D.Natural Law E.Historical

Command

​_____ is the act of a court to combine two or more separate lawsuits into one lawsuit. A.Consolidation B.Bifurcation C.Acquisition D.Merger E.Stratification

Consolidation

The​ _____ School of jurisprudence proposes that legal rules are unnecessary and are used as an obstacle by the powerful to maintain the status quo. A.Natural Law B.Historical C.Analytical D.Critical Legal Studies E.Sociological

Critical Legal Studies

​_____ improves a​ person's problem-solving skills and helps him or her to make​ clear, logical,​ rational, and​ well-reasoned conclusions and judgments. A.Dogma B.Doctrinal thought C.Deference to authority D.Partisanship E.Critical legal thinking

Critical legal thinking

​_____ of citizenship occurs if a lawsuit involves citizens of different​ states, or a citizen of a state and a citizen or subject of a foreign country. A.Convergence B.Commonality C.Congruence D.Certification E.Diversity

Diversity

Which of the following statements is true about the early development of English common​ law? A.Rather than inquire into the merits of the​ case, the chancery court emphasized legal procedure. B.English common law is based on French law. C.Equitable orders and remedies of the Court of Chancery took precedence over the legal decisions and remedies of the law courts. D.English common law is considered civil law. E.Decisions of the law courts took precedence over those of the Court of Chancery.

Equitable orders and remedies of the Court of Chancery took precedence over the legal decisions and remedies of the law courts.

Under the​ _____ Clause of the United States​ Constitution, a judgment of a court of one state must be recognized by the courts of another state. A.Full Faith and Credit B.Due Process C.Privileges and Immunities D.Equal Protection E.Contracts

Full Faith and Credit

When legal scholars look to past legal decisions​ (precedent) to solve contemporary​ problems, it is an example of which school of​ jurisprudence? A.Historical School B.Law and Economics School C.Natural Law School D.Command School E.Sociological School

Historical School

​_____ jurisdiction means​ "jurisdiction over the​ thing." A.Quasi in personam B.Personal C.In personam D.In rem E.Quasi in rem

In rem

​_____ are written questions submitted by one party to a lawsuit to another party. A.Depositions B.Responsive pleadings C.Interrogatories D.Pleadings E.Interpleaders

Interrogatories

​_____ is a body of rules of action or conduct prescribed by controlling authority and having binding legal force. A.Law B.Ethics C.Equity D.Quasi-contract E.Morality

Law

The​ _____ School of jurisprudence believes that promoting market efficiency should be the central goal of legal decision making. A.Analytical B.Historical C.Sociological D.Law and Economics E.Natural Law

Law and Economics

Which of the following schools of jurisprudential thought might suggest that the federal​ government's policy of subsidized housing provides incentives resulting in too many homes being​ built? A.Command B.Critical Legal Studies C.Law and Economics D.Analytical E.Sociological

Law and Economics

​_____ is a form of negotiation in which a neutral third party assists​ (without making a decision or an​ award) the disputing parties in reaching a settlement of their dispute. A.Binding arbitration B.Mediation C.​Non-binding arbitration D.Nullification E.Absolution

Mediation

The​ _____ School of jurisprudence asserts that the law should be based on morality and ethics. A.Historical B.Natural Law C.Analytical D.Command E.Sociological

Natural Law

A person in Oklahoma uses the website of an Internet seller located in​ Tennessee; the user can sue the Internet seller in​ ______________________. A.Oklahoma under its standing statute B.any court in the U.S. C.Tennessee only D.Oklahoma under its quasi in rem jurisdiction statute E.Oklahoma under its​ long-arm statute

Oklahoma under its​ long-arm statute

​_____ administrative law establishes the procedures that must be followed by an administrative agency while enforcing substantive laws. A.Procedural B.Qualified C.Secondary D.Unqualified E.Primary

Procedural

The​ _____ School of jurisprudence asserts that the law is a means of achieving and advancing certain sociological goals. A.Sociological B.Natural Law C.Analytical D.Command E.Historical

Sociological

​_____ means​ "to stand by the​ decision." A.Stare decisis B.Res ipsa loquitur C.Esse quam videri D.Per se E.Post hoc ergo propter hoc

Stare decisis

​_____ administrative law is law that an administrative agency enforceslong dash—federal statutes enacted by the United States Congress or state statutes enacted by state legislatures. A.Procedural B.Primary C.Secondary D.Unlimited E.Substantive

Substantive

​_____ the supreme law of the United States. A.State constitutions are B.Municipal codes are C.The United States Constitution is D.Federal statutes are E.State statutory codes are

The United States Constitution is

Which of the following is NOT true regarding the appellate​ process? A.Only the defendant may appeal in a criminal case. B.The responding party is called the secondary defendant. C.An appellate court will reverse a lower court decision if it finds an error of law in the record. D.The appealing party is called the appellant. E.A notice of appeal must be entered within a prescribed time after judgement is entered.

The responding party is called the secondary defendant.

What is the​ dollar-amount limit on federal question cases that can be brought in federal​ court? A.There is no​ dollar-amount limit. B.​$75,000 C.​$500,000 D.​$250,000 E.​$1 million

There is no​ dollar-amount limit.

​_____ is the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions. A.Pretrial hearing B.Absolution C.Res ipsa loquitur D.Remediation E.Voir dire

Voir dire

Which of the following is NOT a relevant question according to the IRAC method of critical legal​ thinking? A.Which executive nominated the judge presiding over the​ case? B.What is the legal issue in the​ case? C.What was the conclusion or outcome of the​ case? D.What is the rule of the​ case? E.What is the​ court's analysis and​ rationale?

Which executive nominated the judge presiding over the​ case?

An appeal is the act of asking​ a(n) _____ to overturn a decision after the trial​ court's final judgment has been entered. A.trial court B.mediator C.appellate court D.arbitrator E.trial court judge

appellate court

Which of the following is NOT a court in the state court​ system? A.​general-jurisdiction court B.​limited-jurisdiction trial court C.highest state court D.appellate courts of the military services E.intermediate​ appellate-court

appellate courts of the military services

Which of the following is an example of the Socratic method of​ teaching? A.recording lectures B.giving short answer quizzes C.using power points D.giving a​ multiple-choice test E.asking students questions about a case or legal issue

asking students questions about a case or legal issue

Quasi in rem jurisdiction is also known as​ _____ jurisdiction. A.attachment B.rapprochement C.original D.general E.detachment

attachment

To maintain a class​ action, a class must be​ _____ by the appropriate federal or state court. A.represented B.dismissed C.certified D.admonished E.stratified

certified

When pretrial publicity may prejudice​ jurors, a​ _________________may be requested. A.certification B.dismissal C.clearance D.legal representation E.change of venue

change of venue

Jury instructions are also known as​ _____. A.voir dire B.charges C.deliberations D.closing statements E.interrogatories

charges

A​ _____ is a lawsuit where a group of plaintiffs with common claims collectively bring a lawsuit against a defendant. A.class action B.resolution C.rejoinder D.summary judgment E.remittitur

class action

English​ _____ law was developed by​ judges, who issued their opinions when deciding cases. The principles in these cases became precedent for later judges deciding similar cases. A.colonial B.constitutional C.arbitration D.common E.statutory

common

If the defendant does not answer the​ complaint, a​ _____ is entered against him or her. A.prayer for judgment continued B.default judgment C.temporary injunction D.permanent injunction E.restraining order

default judgment

The person giving a deposition is called the​ _____. A.defendant B.plaintiff C.respondent D.deponent E.appellant

deponent

Which of the following is NOT a primary function of law in the United​ States? A.facilitating planning B.facilitating orderly change C.maximizing individual freedom D.establishing uniform principles of individual morality E.providing a basis for compromise

establishing uniform principles of individual morality

Laws that are enacted only after considerable​ study, debate, and public input are an example of which function of the​ law? A.facilitating orderly change B.facilitating planning C.maximizing individual freedom D.providing a basis for compromise E.keeping the peace

facilitating orderly change

The Securities and Exchange Commission is an example of a​ _____. A.state court of special jurisdiction B.federal court of special jurisdiction C.federal administrative agency D.federal tribunal of binding arbitration E.state administrative agency

federal administrative agency

The U.S. District Courts are the federal court​ system's trial courts of​ _____ jurisdiction. A.general B.absolute C.exclusive D.special E.in​ personam, but not in rem

general

A​ court's jurisdiction over a person is called​ _____ jurisdiction. A.de facto B.in rem C.in perpetuity D.in personam E.quasi in rem

in personam

State​ limited-jurisdiction trial courts are sometimes referred to as​ _____ trial courts. A.unqualified B.inferior C.en banc D.superior E.qualified

inferior

Which of the following is NOT a major pleading in a​ lawsuit? A.reply B.​cross-complaint C.complaint D.answer E.interrogatory

interrogatory

Once the closing arguments are​ completed, the​ _____ reads jury instructions to the jury. These instructions inform the jury about what law to apply when they decide the case. A.​defendant's attorney B.court reporter C.judge D.​plaintiff's attorney E.foreperson

judge

Which of the following are categories of courts that established English common​ law? A.​substantive, procedural, and law B.​qualified, restrictive, and special C.​civil, criminal, and alternative dispute resolution D.​arbitration, mediation, and merchant E.​law, equity, and merchant

law, equity, and merchant

The United States has addressed the environment that resulted from the information age in all of the following ways EXCEPT​ __________. A.writing new laws that apply specifically to the digital environment B.limiting the use of digital technologies by the government C.enacting federal statutes D.using interpretation to have courts apply existing laws to the digital environment

limiting the use of digital technologies by the government

The​ bringing, maintaining, and defending of a lawsuit is generally referred to as​ _____. A.subrogation B.arbitration C.mediation D.litigation E.subornation

litigation

The United​ States' law evolves and changes along with all of the following EXCEPT​ __________. A.technology B.growth and expansion of commerce in the world C.misuses and oversights of our legal system D.growth and expansion of commerce in the United States E.the norms of society

misuses and oversights of our legal system

The simplest form of alternative dispute resolution is​ _____. A.​non-binding arbitration B.trial C.binding arbitration D.negotiation E.mediation

negotiation

If five United States Supreme Court justices agree as to the outcome of a case but not as to the reasoning for reaching the​ outcome, it is a​ _____ decision. A.plurality B.majority C.reversible D.bipartisan E.tie

plurality

Which of the following is NOT a major form of​ discovery? A.pretrial conference B.production of documents C.physical or mental examination D.deposition E.interrogatories

pretrial conference

A settlement conference may also be referred to as the​ _______. A.plea bargain B.admission of guilt C.trial D.​post-trial hearing E.pretrial hearing

pretrial hearing

When the complaint and summons are served on the​ defendant, this is called service of​ _____. A.process B.judgment continued C.reply D.judgment E.interpleader

process

The​ defendant's attorney can call additional witnesses and introduce other evidence to counter the​ plaintiff's rebuttal. What is this​ called? A.rejoinder B.​counter-rebuttal C.restitution D.resolution E.remittitur

rejoinder

In a civil​ case, the judge may reduce the amount of monetary damages awarded by the jury if he or she finds the jury to have been​ biased, emotional, or inflamed. This is called​ _____. A.restitution B.nullification C.rejoinder D.subrogation E.remittitur

remittitur

Lawyers typically operate on a​ contingency-fee basis for each of the following cases EXCEPT​ __________. A.product liability lawsuits B.personal injury lawsuits C.medical malpractice claims D.automobile accident lawsuits E.simple bankruptcy proceedings

simple bankruptcy proceedings

Many states have created​ _____ claims courts to hear cases involving small dollar​ amounts, such as​ $5,000 or less. A.deferred B.commercial C.personal D.small E.district

small

A party who disputes the jurisdiction of a court can make a​ _____ appearance in that court to argue against imposition of jurisdiction. Service of process​ _____ permitted during such an appearance. A.pro​ se; is B.​general; is not C.​special; is D.​special; is not E.​general; is

special; is not

The Texas Natural Resources Code is an example of​ a(n) _____. A.federal statute B.executive order C.ordinance D.treaty E.state statute

state statute

​A(n) _____ is a written law enacted by the legislative branch of the federal and state governments that establishes certain courses of conduct to which covered parties must adhere. A.contract B.bill of attainder C.treaty D.accord E.statute

statute

A​ _____ establishes the period during which a plaintiff must bring a lawsuit against a defendant. A.statute of limitations B.rejoinder C.remittitur D.temporary injunction E.statue of repose

statute of limitations

Administrative law is a combination of​ _____ and​ _____ law. A.​qualified; unqualified B.​limited; unlimited C.​substantive; procedural D.​primary; secondary E.​conditional; unconditional

substantive; procedural

What is the legal effect of a tie vote at the United States Supreme Court​ level? A.the lower court decision is​ reversed, and the vote is not precedent for later cases B.the lower court decision is​ affirmed, and the vote is precedent for later cases C.the lower court decision is​ reversed, and the vote is precedent for later cases. D.the lower court decision is​ remanded, with the sole issue on remand being the​ defendant's liability E.the lower court decision is​ affirmed, and the vote is not precedent for later cases

the lower court decision is​ affirmed, and the vote is not precedent for later cases

What was the main reason for the creation of law courts by William the Conqueror during the early development of the English common​ law? A.to establish civil law B.to eliminate unfair results and limited remedies C.to adopt the​ Romano-Germanic civil law system D.to administer the law in a uniform manner E.to codify the law of merchants

to administer the law in a uniform manner

What was the main reason for the establishment of chancery courts during the development of English common​ law? A.to eliminate unfair results and limited remedies of law courts B.to codify the law of merchants C.to administer the law in a uniform manner D.to establish civil law E.to adopt the​ Romano-Germanic civil law system

to eliminate unfair results and limited remedies of law courts

What is the function of an intermediate appellate​ court? A.to conduct voir dire B.to convene a jury C.to conduct a trial de novo D.to review the trial court record for errors E.to facilitate jury deliberations

to review the trial court record for errors

If all of the United States Supreme Court Justices agree as to the outcome and reasoning used to decide a​ case, it is a​ _____ decision. A.reversible B.majority C.plurality D.partisan E.unanimous

unanimous

Electronic courts​ (e-courts) may also be referred to as​ _______. A.web courthouses B.virtual courthouses C.digital courthouses D.computer courts E.network courts

virtual courthouses

Which of the following is NOT true regarding electronic dispute​ resolution? A.The registering party in an​ e-arbitration submits an amount that the party is willing to accept or pay. B.Unsettled​ e-arbitration and​ e-mediation disputes may be pursued further in court. C.Online arbitration and online mediation can be used to avoid paying substantial​ lawyers' fees and court costs. D.Online arbitration and mediation services charge fees. E.Electronic dispute resolutions still involve​ face-to-face meetings.

Electronic dispute resolutions still involve​ face-to-face meetings.

What does the highest state court system hear appeals​ from? A.only certain trial courts B.both intermediate appellate state courts and certain trial courts C.only​ general-jurisdiction trial courts D.only​ limited-jurisdiction trial courts E.only intermediate appellate state courts

both intermediate appellate state courts and certain trial courts

State courts have​ _____ jurisdiction with federal courts to hear cases involving diversity of citizenship and federal questions over which federal courts do not have exclusive jurisdiction. A.​quasi- B.subordinate C.divergent D.concurrent E.conditional

concurrent

Under which type of arrangement do lawyers receive a percentage of the amount recovered by winning or settling a​ case? A.retainer fee B.contingency fee C.hourly rate D.consultation fee E.flat fee

contingency fee

Administrative law​ _____ preside over administrative proceedings. A.arbitrators B.counselors C.judges D.mediators E.commissioners

judges

The court may overturn the verdict if it finds bias or jury misconduct. This is called a​ _____. A.judgment n.o.v. B.reversal C.summary judgment D.remand E.judgment on the pleadings

judgment n.o.v.

Laws that make certain activities crimes are an example of which function of the​ law? A.maximizing individual freedom B.keeping the peace C.providing a basis for compromise D.facilitating orderly change E.facilitating planning

keeping the peace

​A(n) _____ statute extends a​ state's jurisdiction to nonresidents who were not served a summons within the state. A.​long-arm B.overarching jurisdiction C.jurisdictional reciprocity D.uniform jurisdiction E.​short-hand

long-arm

If five United States Supreme Court Justices agree as to the outcome and reasoning used to decide a​ case, it is a​ _______ decision. A.tie B.plurality C.reversible D.unanimous E.majority

majority

​A(n) _____ is a law enacted by local government​ bodies, such as cities and​ municipalities, counties, school​ districts, and water districts. A.statute B.accord C.ordinance D.treaty E.entreaty

ordinance

A motion for summary judgment is supported by evidence​ _____. A.in the counterclaim B.in the complaint C.unrelated to the subject litigation D.in the answer E.outside the pleadings

outside the pleadings

Laws that allow for the settlement of cases prior to trial are an example of which function of the​ law? A.facilitating planning B.providing a basis for compromise C.keeping the peace D.maximizing individual freedom E.facilitating orderly change

providing a basis for compromise

After the​ defendant's attorney has finished calling​ witnesses, the​ plaintiff's attorney can call witnesses and put forth evidence to rebut the​ defendant's case. This is called a​ _____. A.remittitur B.rebuttal C.restitution D.resolution E.rejoinder

rebuttal

To bring a​ lawsuit, a plaintiff must have​ _____ to sue. A.certification B.clearance C.dismissal D.standing E.legal representation

standing

​A(n) _____ is a court order that directs the defendant to appear in court and answer the complaint. A.prayer for judgment continued B.injunction C.rejoinder D.interpleader E.summons

summons

The highest court in a state court system is usually referred to as the state​ _____ court. A.intermediate B.superior C.supreme D.district E.trial

supreme

Which of the following is NOT a recognized method of service of​ process? A.personal B.​e-mailing C.newspaper publication of notice D.symbolic E.traditional mailing

symbolic