Quiz 7 LLS

What does removal jurisdiction involve?

A case being heard in federal court rather than state court.

What does the recognition of a valid marriage by a state usually require?

A civil or religious solemnization ceremony

Which of the following refers to someone who "knows" what is right and wrong?

A natural law philosopher

What does the federal government derives its legislative power from?

Article I of the U.S. Constitution

What factors are necessary to establish a common law marriage?

Being of age, living together as a couple, and presenting themselves to the world as being married

The U.S. Constitution is the primary source of all American law.

False

The eligibility requirements for marriage are the same from state to state.

False

John is a paralegal working for a large law firm in New Mexico. Which of the following is something that John is ethically forbidden from doing?

Giving legal advice

When can one determine whether an action is "good or bad"?

Philosophers disagree that this can be conclusively proven.

What are constitutions, legislation, court decisions and regulations are examples of?

Sources of American law

Generally speaking, a case can be removed from state court to federal court if:

The case is a civil action brought in a state court that could originally have been filed in federal court.

Which branch(es) of government establishes the courts?

The legislative branch

If a woman made homemaking her career with the expectation that her husband would take care of her, what should she request?

The payor wins a big lottery prize.

Which of the following is derived from police power?

The states' ability to enact laws to protect the public's health, welfare, safety, and morals

Under what circumstance does a court have jurisdiction to grant a divorce?

There is in personam jurisdiction over the person required to make alimony or child support payments

Specific performance is appropriate when

There is no adequate remedy at common law.

What do common law remedies do that are different than equitable remedies?

They are the award of money damages.

What recourse do parents have if children perpetually fail to obey them?

They can institute a CHINS proceeding.

In a bench trial, what is the role of a judge?

They control the entire trial and determines the outcome.

In a jury trial, what is the role of a judge?

They decide on questions of law.

Something is unconscionable when it "shocks the conscience of the court."

True

When does the U.S. Supreme Court grant certiorari?

When important reasons exist for doing so

Zoe blatantly cheated on her test. However, everyone else in the class was cheating as well and the teacher did not seem to care. Zoe cheated to bring the problem to the teacher's attention. Which of the following would a Utilitarian believe about this situation?

Zoe should be expelled to set an example to other students.

What do ethicists study?

moral responsibility

A final judgment or decree rendered on the merits, without fraud or collusion, by a court of competent jurisdiction, is conclusive of rights, questions, and facts in issue as to the parties and their privies and is a complete bar to any subsequent action on the same cause of action between the parties, or those in privity with them. What does this statement explain?

res judicata

Two neighboring families, the As and the Bs, wish to enlarge their garages. Because of a surveying mistake, both believe that they are the rightful owners of a 3-foot strip of land that runs along the border of their properties. Each family wants the land for its own garage. The As decide to take the case to court. What would be the proper remedy?

A permanent prohibitory injunction to prevent the Bs from building on the land

How are equitable maxims used?

As decision-making guides

Which of the following statements is True?

Courts must decide whether a precedent will apply retrospectively or prospectively on a case-by-case basis by examining certain factors.

A court held that a landlord who placed television transmitters and microphones in a tenant's apartment for security purposes wrongfully invaded the tenant's privacy. The court noted, however, that cameras in the common hallways may not violate the tenants' privacy rights. Which of the following best describes the last statement?

Dictum

Which of the following is a true statement about the U.S. Courts of Appeals?

Each of the judicial circuits has only one Court of Appeals.

A civil action initially filed in federal court can be removed by the defendant to an appropriate state court which has jurisdiction.

False

A copyright infringement case can be heard in state court.

False

A legal separation is legally the same as an annulment.

False

After independence, American states largely retained almost all substantive law and legal structures that originated in England.

False

In civil cases, only the defendant may appeal to a higher court.

False

In community property states, all property acquired during a marriage is considered property of both spouses.

False

In the United States, there is a single universally accepted legal definition of a family.

False

Mental anguish and pain and suffering are examples of specific damages.

False

Modern ethicists are primarily focused on solving abstract, theoretical problems.

False

Moral rules and legal rules rarely overlap

False

Normative ethicists focus on fundamental characteristics of moral conduct.

False

Paralegals can represent clients in court.

False

Restitution involves restoring a person to a previous position to prevent unjust enrichment.

False

The U.S. Supreme Court and the U.S. Courts of Appeals are specifically established by the U.S. Constitution.

False

The federal government can exercise any power deemed appropriate to maintaining the liberty of the nation.

False

The full faith and credit clause requires states to align their laws as closely as possible.

False

The supremacy clause restricts federal powers and does not apply to the legislative function.

False

There is a clear line dividing individual privacy rights and state police power.

False

Which of the following factors should not be considered by a judge in making a determination as to which parent in a divorce should have custody of their child?

Gender

What does it mean when a jury returns with a special verdict?

It answers specific questions related to the most important factual issues in the case.

A Kentucky court was confronted with the issue of whether a court has the power to permit a kidney to be removed from an incompetent ward of the state, on petition from his mother, for the purpose of being transplanted into his brother, who is dying from kidney disease. There is no statute or prior common law decision to guide the court. What can the court do?

It can decide the issue relying on the public interest, tradition, justice, and morality, even if there is no common law decision or statute governing the situation.

Which of the following is true about a parents' legal obligation to support a child?

It depends on the child's needs and the parents' financial conditions.

Which of the following is true of foster care?

It is designed to provide temporary care for children.

An analytical positivist believes which of the following?

Laws establish norms of behavior.

When married people decide to live apart to try to work out their differences, they might get what?

Legal separation

Carl contracts to sell his house and lot to Winifred for $30,000. The terms of the contract call for Winifred to pay 5 percent of the purchase price as a deposit toward the purchase price, or a down payment. The terms further stipulate that should the buyer breach the contract, Carl will retain the money as damages. What type of damages does this agreement exemplify?

Liquidated

Which of the following is a decision by a court of final appeal on an issue of state law is generally binding on?

Lower state courts

Andrea Moorehead was abandoned by her birth mother, a crack-cocaine user who had tested positive for venereal disease, shortly after birth. Andrea was placed with foster parents when she was nine days old. The foster parents, Melva and Robert Dearth, sought to adopt Andrea when she was 10 months old. The Dearths are white and Andrea is black. They live in an interracial neighborhood, they attend an interracial church, and their two children attend an interracial school. They have a stable marriage and financial standing. Which of the following factors may NOT be considered in determining whether the Dearths may adopt Andrea?

Their race

What do preferred-custody statutes do?

They establish guidelines for the judge to use in determining what custody arrangement would be in the best interest of the child.

What is the main problem with ex post facto laws?

They make acts criminal that were not criminal when they were committed.

In which court do the opposing parties establish their positions through a presentation of the facts through the evidence?

Trial court

Civil law systems are based upon detailed legislative codes rather than judicial precedents.

True

Common law systems rely on judge made law.

True

Common reasons for annulment include bigamy, incest, fraud, and religious concerns.

True

Concern about local prejudice is one reason a court might consider a change of venue.

True

Egoists generally believe that as long as you are acting in your own best interest, you are morally "right".

True

Ejectment is used to recover possession of land and damages for the unlawful retention of possession.

True

Equity regards substance rather than form.

True

Federal courts exercise diversity jurisdiction when a suit is between citizens of different states.

True

Generally, states require that people marry voluntarily, and jointly apply for a license.

True

Government has a legitimate right to prevent maltreatment and abuse of family members.

True

One of the benefits of a jury trial over a bench trial is that the jury is supposed to represent a cross section of the public while a judge may not.

True

Police power is an inherent power that gives states the ability to pass laws necessary to preserving public health, safety and welfare.

True

Property received as a gift or inheritance is considered separate property for property division purposes.

True

Punitive damages are generally not awarded in negligence cases.

True

Recently, legislatures and courts have used law to influence businesses to consider the societal consequences of their actions.

True

Some states have enacted laws that express a preference that adoptive parents must be of the same religion as the adoptee or birth parents.

True

States can allow health care professionals to refuse to dispense medications that might cause an abortion.

True

Statutes are to be read in the light of conditions at the time of their enactment.

True

The states can initiate legal proceedings to involuntarily terminate the parental rights of birth parents who have abandoned their child.

True

What does the Erie doctrine state?

When there is no federal question, the substantive law that should be applied by federal courts is the law of the state.

Joe Jones entered into a written contract with Smith Department Store to buy a television for $350. Ten other stores in the area are selling the identical television for $400. Joe attempted to give Smith Department Store the $350, but it refused to go through with the contract. Joe sued Smith Department Store for breach of contract in a court that hears both equity and common law cases. Joe will be awarded

$50

Where, in addition to its appellate function, does the U.S. Supreme Court have original subject-matter jurisdiction in cases?

An individual in one state sues an individual in another state.

Why are punishments for crimes like murder, rape, and robbery more stringent than for white collar crimes like forgery?

Because murder, rape, and robbery violate both legal and moral principles.

Why are judges generally willing to recuse themselves when there is even a perception of bias or conflict of interest?

Because they must depend on the other branches of government to enforce their decisions

Plaintiff alleged that the attendance policy at her school was unreasonable and that, notwithstanding her unexcused absences, she was wrongfully denied a diploma. If it is established at trial that the plaintiff frequently forged excuse notes and tried to deceive the school, then equitable relief may be denied on the basis of

Equity's clean hands doctrine

Except in matters governed by the federal Constitution or by acts of Congress, the law to be applied in any case is the law of the state. Moreover, whether the law of the state shall be declared by its legislature in a statute or by its highest court in a decision is not a matter of federal concern. Where is this rule to be applied by the federal court system found?

Erie Railroad Company v. Tompkins

An injured party has no obligation to minimize damages.

False

Appellate courts hear witnesses, determine facts, and apply the law.

False

Approximately 47 percent of filed cases are ultimately resolved by trials.

False

Common law systems are often developed by academicians and then enacted by legislative bodies.

False

Federalism prohibits any state from providing its residents with greater protections than required by the U.S. Constitution.

False

In America, the availability of equitable remedies is a matter for the jury.

False

In American society, law is expected to play the primary role in promoting ethical behavior.

False

Under the Erie Doctrine, federal courts usually apply state procedural rules.

False

Utilitarians believe that decisions about whether laws are good or bad should be determined without taking into consideration the consequences to other people.

False

Venue can be changed at any time during the trial process.

False

When judicial integrity is at issue, the U.S. Constitution has no provision for righting a procedural wrong

False

When a case for which there is no precedent comes before it, what does a court look to?

Guidance within the forum state.

While camping with the family, Shannon was severely burned by ignited gasoline. Her father was pumping the fuel tank on his Coleman stove when a stream of fuel, without warning, ejected through the filler cap, crossed the campfire, ignited, and landed on Shannon, some 10 to 12 feet away. At trial, experts testified that the design of a gas tank using a cap with a vent hole used by Coleman was defective with respect to safety and that there were alternative cap designs that Coleman could have utilized to accomplish ventilation of the tank without the cap having any of the vent-hole characteristics. Furthermore, despite Coleman's knowledge of the possibility of fuel spraying through the vent hole of the filter cap, no warnings were on the product to advise users not to open the cap except when the tank was level and not near a flame. Which of the following statements is true?

If Coleman's failure to warn was considered to be aggravated, wanton, reckless, malicious or oppressive, then Shannon could recover punitive, or exemplary, damages.

Where are corporations considered citizens?

In the state where its headquarters is located

Which of the following best describes the role of civil law in the American legal system?

Increasingly influential

What is restitution designed to do?

It prevents unjust enrichment.

John Smith, a resident of Cincinnati, Ohio, stays with friends in Tennessee for the summer months. On the way to Tennessee in early June, he had an automobile accident in Kentucky with Mary Jones, a Kentucky resident. Mary wants to bring suit against John for $5,000. In which of the following courts is it possible for Mary to bring a suit against John concerning a question of state tort law?

Kentucky state court

In which of the following situations has the U.S. Supreme Court ruled that states may not prohibit marriages?

Marriages between persons of different races

With respect to decision making within traditional families, which of the following statements is false?

Married women's property requires the signature of a woman's husband before real property may be transferred, even if it is owned solely by the wife.

Which of the following is not generally included in marriage eligibility requirements?

Maximum age thresholds

An injunction that requires a court, before issuing it, to consider the likelihood of success on the merits and the possibility of irreparable harm if it is not issued is known as a

Preliminary injuction

The obligation to maintain confidentiality is part of what?

Professional ethics

What do plaintiffs suing for ejectment typically seek?

Regain of possession to property wrongly taken by the defendant.

What is the civil equivalent to the criminal constitutional provision known as double jeopardy, whereby one cannot be tried twice for the same alleged wrong, also known as?

Res judicata

Jeff moved to a new city and purchased a house. A few weeks after he moved into his new home, he learned that it had been the scene of a gruesome murder and that local legend considered it haunted. As these facts adversely affected the potential resale price of the house, he wishes to avoid his obligation under the contract based on fraudulent misrepresentation. What remedy would he be seeking if he wanted to set aside the contract for the sale of the house and recoup his purchase price?

Rescission

Archie Sparrow, a cowboy experienced in training horses, met a rancher and fellow rodeo rider, Chip Morris, at a rodeo in Florida. After comparing notes on various rodeos, Morris offered Sparrow a job for 16 weeks working on Morris's ranch in Arkansas. Sparrow accepted, and as compensation, Morris agreed to give Sparrow $400 and a brown horse named Kerro. When Sparrow first came to Morris's ranch, Kerro was practically unbroken. However, Sparrow worked with the horse during his spare time, and by the time the 16 weeks were up, Kerro was well on his way to becoming a first-class riding horse. Morris returned at the end of the 16 weeks and gave Sparrow a check for $400, but refused to deliver the horse. Sparrow wants the horse. What remedy will he be seeking in court?

Restitution

Betty, a citizen of California, hits Bob with her automobile in Texas. It is her fault and involves a question of state, not federal law. Bob wants to bring a suit against Betty for $21,000 for personal injuries. The court that would have jurisdiction is

Texas state court

A bench trial is a trial heard by a judge rather than a jury.

True

A decision of the U.S. Supreme Court on federal questions is binding on state courts.

True

A long-arm statute permits the exercise of personal jurisdiction over nonresident defendants who have had sufficient minimum contacts with the forum state.

True

A party wishing to have a case reviewed by the U.S. Supreme Court petitions the court for a writ of certiorari.

True

A strength of the federal system in the United States is that states can innovate without having to get permission from other states.

True

A temporary restraining order is an example of an ex parte injunction.

True

All states now have some form of no-fault divorce.

True

Although each of the states has developed its own structure, substantive laws, rules, and procedures, there is an underlying common law heritage.

True

Although property divisions can be decided by a judge, they are often negotiated by the divorcing parties before court proceedings begin.

True

An appellate court bases its decision solely on the theories argued and evidence presented in the lower court.

True

An ex parte injunction is granted without prior notice to the enjoined party.

True

An unpublished opinion has no precedential value.

True

Because there are no federal common law crimes, all federal criminal actions must be based on federal statutes.

True

If individuals defy the law for just reasons, they are still subject to prosecution.

True

If there is no factual dispute between the parties, there is no need for a jury trial.

True

In order for a court decision on a legal point to be respected as precedent, the court's decision must be final and supported by a majority of the judges and it must be reported.

True

In order for a court to grant specific performance, the plaintiff must have met a condition precedent.

True

In some states adoption records are closed meaning adopted children do not have legal rights to identify their birth parents.

True

In states with equitable property distribution, property is categorized as marital or separate property.

True

Injunctions are usually not proper in defamation cases because they would be considered prior restraint.

True

It is permissible for states to enact laws that require stepparents and/or grandparents to provide child support if parents are unable to fulfill court-ordered support obligations.

True

Many states require spouses to be legally separated for a period of time before a divorce is granted.

True

Martin Luther King Jr. believed that people could refuse to obey laws enacted by governments if these laws were in conflict with "moral law."

True

Today a pregnant woman has the right to unilaterally decide to have an abortion early in her pregnancy even if the person who would become the child's father objects.

True

Many states statutorily require adult children to provide financial support for their parents if the parents are unable to support themselves.

Ture

A tavern sold liquor to a drunken patron who was subsequently involved as a driver in a fatal motor vehicle collision. The plaintiff was rendered a quadriplegic as a result. Prevailing precedent in this jurisdiction provides that the tavern does not owe a duty to third party motorists to guard against injuries caused by patrons who become intoxicated at their place of business. If the plaintiff appeals the trial court's granting of the defendant tavern's motion to dismiss, could the state supreme court overrule the precedent and recognize the tavern's responsibility and liability for the plaintiff's injuries?

Yes, if the precedent is no longer appropriate because of changing economic, political, and social conditions.