FINA 2244 Test 1
The US Constitution created these branches of federal government
Executive, Legislative, and judicial
The Bill of Rights is the:
First ten amendments of the U.S. Constitution
Following a trials opening statements, the plaintiff:
Goes first since he has the burden of proving that his arguments are correct
If the U.S. Supreme Court accepts a case on appeal it:
Grants a writ of certiorari
Ethics, in context of business practitioners:
Has to do with rules or standards governing the conduct of members of a profession and how standards are put into action within an organization
A major advantage of the use of precedent in law for businesses is that they will:
Have reasonable expectations about the enforcement of agreements
Making Marijuana illegal in the United States and alcohol illegal in Saudi Arabia are both examples of:
How governments can use the law to enforce different social norms
If property that is located in a state becomes the subject matter of a lawsuit, the power of a court in that state to resolve disputes concerning the property is called:
In rem jurisdiction
In an orderly society, law and the legal system help to:
Influence the behavior of members of society
At most trials, after the parties present their closing arguments, the:
Judge instructions the jury on the law; the jury applies the law to the facts it determines
When a plaintiff files a suit against a defendant, plaintiff:
Must give notice to the defendanty by service of process
The part of the Constitution that gives Congress the authority to make laws to carry out powers granted to congress in the Constitution is the:
Necessary and Proper Clause
The doctrine of judicial immunity means judges may:
Not be sued for damages that result from their judicial acts
The discovery stage in the trial process is intended for the:
Parties to obtain information about the facts before the trail starts
Which is the correct order of stages for a typical lawsuit:
Pleadings, discovery, pretrial, trial, appeals
Enforcement of law in a society is important because it:
Provides some predictability and uniformity to the boundaries of acceptable conduct
The use of legal precedent, or the use of prior decisions as guidance in disputes that occur later, is called:
Stare decisis
The constitutional requirement that governments must give just compensation for property taken for public use is known as:
Takings clause
The part of the Constitution that probably has the largest impact on business is known as:
The Commerce Clause
Federal Judges are nominated by:
The President
Most cases involving questions of federal law originate in:
The U.S. District courts
Personal Jurisdiction over the person of the defendant is achieved when:
The defendant is served with a copy of the complaint
Regulatory takings cases indicate that:
The destruction of property value must be almost complete for compensation to be due
The Constitution intends for the industry to have significant independence from the other parts of the government as part of:
The system of checks and balances
Depositions, written interrogatories production, orders for production of documents and request for admissions are all examples of
The tools of discovery
The United States Constitution divides governmental power to prevent:
The tyranny the founders experienced under King George III
In the American court system:
There is a federal system and a similar system of trial and appeals court in each state
The purpose of allowing federal jurisdiction when a dispute arises between citizens of different states is:
To provide a neutral forum for handling such disputes
To help stimulate jobs in its wine industry, New York does not tax New York wines but taxes other wines $1 per bottle. This tax is:
Unconstitutional because it violates the Commerce Clause
The process by which judges or attorneys ask jurors questions...
Voir dire
In Kelo v. City of New London, Conn. Where the city forced people to sell their houses...
Was legitimate even if the city sold the property to a private party
The commerce clause of the Constitution gives Congress the power to regulate trade:
With foreign nations and among the states
Statutory law is:
A law enacted by a legislative body
Original Jurisdiction means power to:
Accept a lawsuit, try it, and pass judgment
The Constitution was amended almost immediately to ensure that there was:
Adequate protection for individual rights
The complaint filed by plaintiff contains:
All of the other choices are included
Federal courts have the judicial power to hear cases involving:
All of the other choices can be correct
A defendant must file a responsive pleading to a complaint filed by a plaintiff defendant may file which of the following:
All of the specific choices are possible
State Judges
All the other choices are correct
The Environmental Protection Agency is an example of:
An administrative agency
A Judicial system that requires parties to represent themselves and argue their positions before a neutral court is referred to as:
An adversarial system of justice
Taken together, the Necessary and Proper Clause and the Commerce Clause provides justification for:
Broad Congressional regulation of business
In Davis v. Baugh Industrial Contractors, the traditional common law...
Common law can adapt to changing circumstances
Ginger attacks Richard and cuts him with a knife...
Compensatory damages
Which of the following is true about the federal appeals courts?
Courts of appeals usually assign three-judgment panels to review decisions of district courts
The United States Constitution:
Created the three branches of government
In McCulloch v. Maryland, the supreme court held:
Creation of a national bank was constitutional under the Necessary and Proper Clause