Legal Environment of Business Unit 1 Test

There are​ _____ circuits in the federal court system.

13

​_____ is the act of a court to combine two or more separate lawsuits into one lawsuit.

Consolidation

If the defendant does not answer the​ complaint, a​ _____ is entered against him or her.

default judgment

A​ court's jurisdiction over a person is called​ _____ jurisdiction.

in personam

State​ limited-jurisdiction trial courts are sometimes referred to as​ _____ trial courts.

inferior

The simplest form of alternative dispute resolution is​ _____.

negotiation

Which of the following is NOT a major form of​ discovery?

pretrial conference

A​ _____ establishes the period during which a plaintiff must bring a lawsuit against a defendant.

statute of limitations

An electronic court is also called a​ _____ courthouse.

virtual

Which of the following are categories of courts that established English common​ law?

​law, equity, and merchant

​A(n) _____ statute extends a​ state's jurisdiction to nonresidents who were not served a summons within the state.

​long-arm

The United States Supreme Court is composed of​ _____ Justices who are nominated by the​ _____ and confirmed by the​ _____.

​nine; President; Senate

The Supreme Court in Fisher v. University of Texas at Austin held that​ _____.

​race-conscious admissions is lawful under the equal protection clause

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.

​special; is not

There are​ _____ U.S. District Courts.

94

An appeal is the act of asking​ a(n) _____ to overturn a decision after the trial​ court's final judgment has been entered.

appellate court

What does the highest state court system hear appeals​ from?

both intermediate appellate state courts and certain trial courts

The person giving a deposition is called the​ _____.

deponent

A motion for summary judgment is supported by evidence​ _____.

outside the pleadings

​_____ is a form of alternative dispute resolution in which the parties choose an impartial third party to hear and decide the dispute.

Arbitration

​________ courts were allowed to give equitable remedies under the English common law.

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.

Command

The​ _____ School of jurisprudence proposes that legal rules are unnecessary and are used as an obstacle by the powerful to maintain the status quo.

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.

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.

Diversity

Which of the following is NOT true regarding electronic dispute​ resolution?

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

Which of the following statements is true about the early development of English common​ law?

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.

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?

Historical School

​_____ jurisdiction means​ "jurisdiction over the​ thing."

In rem

​_____ are written questions submitted by one party to a lawsuit to another party.

Interrogatories

​_____ is a body of rules of action or conduct prescribed by controlling authority and having binding legal force.

Law

The​ ________ School of jurisprudence believes that promoting market efficiency should be the central goal of legal decision making.

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?

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.

Mediation

The​ _____ School of jurisprudence asserts that the law should be based on morality and ethics.

Natural Law

A person in Oklahoma who uses the website of an Internet seller located in Tennessee can the user sue the Internet seller in​ ______________________.

Oklahoma under its​ long-arm statute

The Zippo Manufacturing Company was physically based out of which​ state?

Pennsylvania

The​ _____ School of jurisprudence asserts that the law is a means of achieving and advancing certain sociological goals.

Sociological

​_____ means​ "to stand by the​ decision."

Stare decisis

​_____ the supreme law of the United States.

The United States Constitution is

Which of the following is NOT true regarding the appellate​ process?

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?

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.

Voir dire

Which of the following is not a relevant question according to the IRAC method of critical legal​ thinking?

Which executive nominated the judge presiding over the​ case?

Which of the following is NOT a court in the state court​ system?

appellate courts of the military services

Which of the following is an example of the Socratic method of​ teaching?

asking students questions about a case or legal issue

Quasi in rem jurisdiction is also known as​ _____ jurisdiction.

attachment

To maintain a class​ action, a class must be​ _____ by the appropriate federal or state court.

certified

When pretrial publicity may prejudice​ jurors, a​ _________________ may be requested.

change of venue

Jury instructions are also known as​ _____.

charges

A​ _____ is a lawsuit where a group of plaintiffs with common claims collectively bring a lawsuit against a defendant.

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.

common

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.

concurrent

Under which type of arrangement do lawyers receive a percentage of the amount recovered by winning or settling a​ case?

contingency fee

Which of the following is NOT a component of critical​ thinking?

discounting opposing positions and arguments

Which divisions fall under the state trial courts of general​ jurisdiction?

domestic​ relations, probate,​ civil, juvenile, criminal

Which of the following is not a primary function of law in the United​ States?

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?

facilitating orderly change

The Securities and Exchange Commission is an example of a​ _____.

federal administrative agency

The U.S. District Courts are the federal court​ system's trial courts of​ _____ jurisdiction.

general

Which of the following is NOT a major pleading in a​ lawsuit?

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.

judge

The court may overturn the verdict if it finds bias or jury misconduct. This is called a​ _____.

judgment n.o.v.

Laws that make certain activities crimes are an example of which function of the​ law?

keeping the peace

The​ bringing, maintaining, and defending of a lawsuit is generally referred to as​ _____.

litigation

If five United States Supreme Court Justices agree as to the outcome and reasoning used to decide a​ case, it is a​ _____ decision.

majority

United​ States' law evolves and changes along with all of the following EXCEPT

misuses and oversights of our legal system

​A(n) _____ is a law enacted by local government​ bodies, such as cities and​ municipalities, counties, school​ districts, and water districts.

ordinance

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.

plurality

A settlement conference may also be referred to as the​ _______.

pretrial hearing

When the complaint and summons are served on the​ defendant, this is called service of​ _____.

process

Laws that allow for the settlement of cases prior to trial are an example of which function of the​ law?

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​ _____.

rebuttal

The​ defendant's attorney can call additional witnesses and introduce other evidence to counter the​ plaintiff's rebuttal. What is this​ called?

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​ _____.

remittitur

Lawyers typically operate on a​ contingency-fee basis for each of the following cases EXCEPT​:

simple bankruptcy proceedings

Many states have created​ _____ claims courts to hear cases involving small dollar​ amounts, such as​ $5,000 or less.

small

To bring a​ lawsuit, a plaintiff must have​ _____ to sue.

standing

The Texas Natural Resources Code is an example of​ a(n) _____.

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.

statute

​A(n) _____ is a court order that directs the defendant to appear in court and answer the complaint.

summons

The highest court in a state court system is usually referred to as the state​ _____ court.

supreme

Which of the following is NOT a recognized method of service of​ process?

symbolic

What is the legal effect of a tie vote at the United States Supreme Court​ level?

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?

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?

to eliminate unfair results and limited remedies of law courts

What is the function of an intermediate appellate​ court?

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.

unanimous

Electronic courts​ (e-courts) may also be referred to as​ _______.

virtual courthouses