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