BUS 201 Quiz #1

statute of limitations

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

unprotected

Obscene speech is an example of​ _____ speech.

Pennsylvania

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

outside the pleadings

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

Judicial

Article III of the U.S. Constitution establishes the​ _____ branch of the federal government.

unanimous

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.

majority

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

small

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

preemption

The concept of federal law taking precedence over state or local law is commonly called the​ _____ doctrine.

Sociological

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

Substantive due process

​_______ is a category of due process that requires government​ statutes, ordinances,​ regulations, or other laws be clear on their face and not overly broad in scope.

Chancery

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

special; is not

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.

Oklahoma under its​ long-arm statute

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

pretrial hearing

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

6-3 in favor of the federal subsidies component of the Affordable Care​ Act; legislative

According to the​ video, the vote count of the Justices regarding the legality of the federal​ subsidies' component of the Affordable Care Act was​ ________. The High Court cited a desire to uphold​ _______ intent.

rebuttal

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​ _____.

appellate court

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

virtual

An electronic court is also called a​ _____ courthouse.

Legislative

Article I of the U.S. Constitution establishes the​ _____ branch of the federal government.

executive

Article II of the U.S. Constitution establishes the​ _____ branch of the federal government.

class action

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

two-thirds

A​ _____ vote of the U.S. Senate is required to impeach the president.

in personam

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

Virtual courthouse

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

common

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.

first

Fundamental rights guaranteed in the​ _____ Amendment to the United States Constitution include freedom of​ speech, freedom to​ assemble, freedom of the​ press, and freedom of religion.

two thirds

If a bill has been vetoed by the U.S.​ President, the bill goes back to​ Congress, where a​ _____ vote of each the Senate and House of Representatives is required to override the​ President's veto.

Plurality

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.

default judgement

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

remittitur

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​ _____.

1788

In what year was the U.S. Constitution ratified by the​ states?

Articles of Confederation

In​ 1778, the Continental Congress formed a federal government and adopted the​ _____.

charges

Jury instructions are also known as​ _____.

providing a basis for compromise

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

facilitating orderly change

Laws that are enacted only after considerable​ study, debate, and public input are an example of which function of the​ law?

keeping the peace

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

simple bankruptcy proceedings

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

limited protected

Offensive speech is an example of​ _____ speech.

judge

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.

attachment

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

concurrent

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.

intrastate

States retained the power to regulate​ _____ commerce.

inferior

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

exclusive

The Commerce Clause of the U.S. Constitution gives the federal government the​ _____ power to regulate commerce with foreign nations.

keeping the peace

The Fort Lauderdale city ordinance referenced in the​ video, which bans the feeding of homeless people in order to keep them from overrunning parks and​ beaches, most closely fulfills which function of law referenced in the​ textbook?

Privileges or Immunities Clause

The Fourteenth Amendment contains the ​________________​, which provides that​ "No State shall make or enforce any law that shall abridge the privileges or immunities of the citizens of the United​ States."

federal administrative agency

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

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

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

state statute

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

general

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

​nine; President; Senate

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

Judgement N.O.V.

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

Senate

The executive branch of the federal government can enter into treaties with foreign governments only with the advice and consent of the​ _____.

10

The first​ _____ amendments to the U.S. Constitution are commonly referred to as the Bill of Rights.

supreme

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

electronic commerce

The internet and other computer networks permit parties to obtain website domain names and conduct business electronically. This is referred to as​ ______.

deponent

The person giving a deposition is called the​ _____.

Neogatiation

The simplest form of alternative dispute resolution is​ _____.

94

There are​ _____ U.S. District Courts.

13

There are​ _____ circuits in the federal court system.

Supremacy

The​ _____ Clause of the U.S. Constitution establishes that the Constitution and federal​ treaties, laws, and regulations are the supreme law of the land.

Commerce

The​ _____ Clause of the U.S. Constitution grants Congress the power​ "to regulate commerce with foreign​ nations, and among the several​ states, and with Indian​ tribes."

​Establishment; First

The​ _____ Clause of the​ _____ Amendment to the U.S. Constitution prohibits the government from either establishing a​ government-sponsored religion or promoting one religion over another.

Free​ Exercise; First

The​ _____ Clause of the​ _____ Amendment to the U.S. Constitution prohibits the government from interfering with the free exercise of religion.

Equal​ Protection; Fourteenth

The​ _____ Clause of the​ _____ Amendment to the U.S. Constitution provides that a state cannot​ "deny to any person within its jurisdiction the equal protection of the​ laws."

Natural Law

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

Command

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.

Critical Legal Studies

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

Law and Economics

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

litigation

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

rejoinder

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

standing

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

certified

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

Full faith and credit

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.

contingency fee

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

misuses and oversights of our legal system

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

both intermediate appellate state courts and certain trial courts

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

to review the trial court record for errors

What is the function of an intermediate appellate​ court?

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

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

there is no dollar amount limit

What is the​ dollar-amount limit on federal question cases that can be brought in federal​ court?

to administer the law in a uniform manner

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 eliminate unfair results and limited remedies of law courts

What was the main reason for the establishment of chancery courts during the development of English common​ law?

Historical School

When legal scholars look to past legal decisions​ (precedent) to solve contemporary​ problems, it is an example of which school of​ jurisprudence?

change of venue

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

process

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

Takings Clause

When the government needs property to build a new school or a​ firehouse, or to construct a road or​ freeway, it may need to acquire the necessary property from private landowners. Which clause allows government to do​ this?

enumerated

When the states ratified the U.S.​ Constitution, they delegated certain​ powers, called​ _____ powers, to the federal government.

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

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

​law, equity, and merchant

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

appellate courts of the military services

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

pretrial conference

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

interrogatory

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

symbolic

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

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

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

The responding party is called the secondary defendant.

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

commercial speech

Which of the following is an example of limited protected​ speech?

asking students questions about a case or legal issue

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

establishing uniform principles of individual morality

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

summons

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

ordinance

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

in rem

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

​law; morality; law

According to the​ textbook, _____ consists of rules that regulate the conduct of​ individuals, businesses, and other organizations in society. In the​ video, particular citizens chose to follow their own senses of​ ____ rather than the​ _____ in aiding the homeless.

Affordable Care Act​ (ACA); federal court​ system; Supreme Court of the United States

According to the​ video, "Obamacare" is also known as the​ _________ and has been challenged twice in the​ ________, specifically, before the highest court in the​ country, the​ __________.

a city ordinance

According to the​ video, _____ bans feeding homeless people.

John​ Roberts; in favor of

According to the​ video, the current Chief Justice of the U.S. Supreme Court is​ _____, who in the subject Supreme Court ruling decided​ _____ Obamacare.

incorporation

The U.S. Supreme Court has applied the​ _____ doctrine and held that most of the fundamental guarantees contained in the Bill of Rights are applicable to state and local government action.

federalism

The U.S. form of government is referred to as​ _____, which means that the federal government and the 50 state governments share powers.

Which executive nominated the judge presiding over the​ case?

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

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?

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

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

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.

long-arm

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

interrogations

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

Critical legal thinking

​_____ improves a​ person's problem-solving skills and helps him or her to make​ clear, logical,​ rational, and​ well-reasoned conclusions and judgments.

Law

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

Arbitration

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

Meditation

​_____ 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.

Consolidation

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

Voir dire

​_____ is the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions.

Stare decisis

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

Diversity

​_____ 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.

Police

​_____ power permits state and local governments to enact laws to protect or promote the public​ health, safety,​ morals, and general welfare.

The United States Constitution is

​_____ the supreme law of the United States.