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
