QUIZ 1 (Real Q&A)
Administrative law is a source of American law that consists of statutes. a. True b. False
False. Administrative law consists of rules and regulations. Legislation or statutory law consists of statutes
In a common law system, judges generally follow stare decisis unless there is a compelling reason to overturn a precedent. a. True b. False
True. Stare decisis ("to stand on decided cases") is the basis for the concept of precedent. Precedents are NOT overturned unless there is a compelling reason, such as in Brown vs. Board of Education, doing away with segregated schools.
The minimum-contacts requirement is usually met if a corporation advertises or sells its products within a state. a. True b. False
a. True. If a corporation is incorporated in a state, has a principal place of business in a state or does business in a state, the minimum contacts requirement is met.
If Cornel and Deanna resolve their dispute by having a neutral third party render a binding decision, they will have used the method of a. arbitration. b. conciliation. c. intervention. d. mediation.
a. arbitration. The fact that there is a binding decision involved (and a neutral third party) leads to the conclusion that the ADR method is arbitration. No other ADR type of settlement method is binding.
The branch of law dealing with the enforcement of private rights and duties between parties is a. administrative law. b. civil law. c. constitutional law. d. federal law
b. Civil law. Civil law is an all encompassing category. It involves suits, state or federal, brought by one person or business against another asking for monetary and/or equitable relief.
Concurrent jurisdiction exists when only state courts have the power to hear a particular case. a. True b. False
b. False. Concurrent jurisdiction exists when a party can either go to state court OR federal court.
The amount in controversy in a diversity of citizenship case must be more than $1 million before a federal court can take jurisdiction. a. True b. False
b. False. The amount needed for diversity of citizenship is that which exceeds $75,000.00
The Montana Supreme Court rules against Natural Grocery Mart in a case against Whole Foods. Natural Grocery asks the United States Supreme Court to review the case. The Court does not hear the case. This a. is a decision on the merits that has value as a precedent. b. indicates agreement with the Montana court's decision. c. means that the Montana Supreme Court's decision is the law in Montana. d. none of the above
c. Means that the Montana Supreme Court's decision is the law of Montana. When the Supreme Court of a state or the U.S. Supreme Court denies a Writ of Certiorari, it simply leaves the decision of the last highest court to decide the matter in place. It has no precedential effect nor does it indicate any agreement with the last decision of the highest court.
Erin believes that a higher, or universal, law exists that applies to all human beings. Erin asserts that each written law should reflect the principles inherent in this higher law. Erin a. is a legal positivist. b. adheres to the historical school of legal thought. c. is a legal realist. d. adheres to the natural law tradition.
d. Adheres to the natural law tradition. Natural law believes there are universal principals of right and wrong.
Criminal law is concerned with: a. the prosecution of private individuals by other private individuals. b. the prosecution of public officials by private individuals. c. the relief available when a person's rights are violated. d. wrongs committed against the public as a whole.
d. Wrongs committed against the public as a whole. When one citizen of the state or federal government is the victim of a crime, the entire state or federal government treats it as if it is a crime against its citizens. Thus, you will always see, State vs. Brown and United States of America vs. White.
