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.
