BL 3335 - Practice Test 1

Stare decisis is best defined as

A doctrine under which judges follow established precedents

Lazlo, a citizen of Minnesota, wants to file a suit against Nadji, a citizen of Ohio. The diversity of citizenship may be a basis for

A federal court to exercise jurisdiction

Bey files a suit against Cruises Inc. The defendant wants to respond that it appears from the pleadings the parties do not dispute the facts, that the only question is how the law applies to those facts, and that this response can be supported with witnesses' sworn statements. Cruises should file

A motion for summary judgment

Sportsfield Inc. files a suit against Tailgate Services. Before the trial, during the jury selection process, Sportsfield's attorney asks, without providing any reason, that one of the potential jurors not be sworn in. This is

A peremptory challenge

The concept of venue reflects the policy that a court trying a case should

Be in the geographic neighborhood of the incident or parties in dispute

Primary sources of law include

Case law

The Uniform Commercial Code provides a set of rules governing

Commercial transactions

Regulations issued by a state or local agency may affect all of the following aspects of a business's operations except

Compliance with conflicting federal agency regulations

In a suit by Climate Action Now (CAN) against DeForest Inc., CAN serves a written request for the defendant to admit the truth of matters relating to the trial. DeForest's admission in response

Conclusively establishes the matter for trial

Dylan applies for a position with Electrical Works LLC. Dylan's previous employer, Federal Circuits Inc., gives Electrical Works a review of Dylan that includes negative statements Federal Circuits knows are untrue. This is

Defamation

Barge Company and Cove Harbor dispute the meaning of their contract. Unable to agree on settlement, the parties prepare for trial. To obtain information, they engage in discovery. This includes gaining access to each other's witnesses and other types of evidence by

Depositions and other devices

A court should overturn its precedents unless there is a compelling reason not to.

False

A court's review of an arbitrator's decision is the same in scope as an appellate court's review of a trial court's decision.

False

A default judgment is a judgment entered by a court in a case in which neither party prevails.

False

A defendant cannot be liable for negligence unless he or she intended to harm the plaintiff.

False

A defendant cannot be liable in an intentional tort action if he or she did not intend to cause harm to the plaintiff.

False

A false statement made with actual malice can constitute defamation, unless the statement is about a public figure.

False

A federal statute applies only to those states that agree to apply it within their borders.

False

A law based on a suspect trait will not stand under the equal protection clause even if it is necessary to promote a compelling government interest.

False

A party does not need to have legitimate grounds to appeal a trial court's decision.

False

A person who enters into a risky situation, knowing the risk involved, can nevertheless recover for a resulting injury or harm for reasons of public policy.

False

Courts will not grant an equitable remedy unless the remedy at law is adequate.

False

There is one right answer to every legal question

False

Hobbes, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jules, a resident of Kentucky. Jules files a suit against Hobbes in Indiana. Regarding this suit, Indiana has

In rem jurisdiction

Don interferes with the business interests of Erin in a way not permitted by law, and Erin's business is harmed as a result. To be liable to Erin for the commission of an intentional tort, Don must have

Intended to commit the act

Laws enacted by legislative bodies at any level of government make up the body of law generally referred to as

Statutory law

In the United States, the law consists of written laws and court decisions.

True

The effect of the minimum-contacts standard is that a business firm has to comply with the laws of any jurisdiction in which it targets customers.

True

Voir dire refers to the jury selection process.

True

The Uniform Commercial Code facilitates commerce

among the states

For those who have suffered injuries as a result of the wrongful conduct of others, through tort law, society supports

compensation

The Bill of Rights embodies

A series of protections for the individual against government action

Hospital Inc. files a complaint in a federal district court against Inventory Management Company, asserting breach of contract. Under the Federal Rules of Civil Procedure, any allegations in the complaint that are not expressly denied by the defendant will be deemed by the court to be

Admitted

Power, Inc., is a corporation engaged in the business of producing, refining, and distributing energy resources. With respect to the firm's managers, legal concepts can be useful for Power's

All managers

Shippers Warehouse initiates a suit against Trucking Company by filing a complaint. Trucking Company files a motion to dismiss, which asserts that

Even if the facts in the complaint are true, the defendant is not liable

Under the U.S. Constitution, Congress has the power to regulate

Every commercial enterprise in the United States.

Ove files a suit against Po, claiming that the defendant failed to pay for goods shipped in response to an alleged e-mail order. Po denies the charge. If the e-mail order exists, it is

Evidence

Kari and Lillian, who are citizens of Mississippi, are involved in a case related to the adoption of their child. Over this case, Mississippi state courts have

Exclusive jurisdiction

A business cannot use puffery without liability for fraudulent misrepresentation.

False

A case of first impression is any legal authority or source of law that a court may look to for guidance but need not follow when making its decision.

False

A choice-of-law clause permits a party to choose which nation's law to apply to a dispute arising under an international contract

False

A citation is a regulation enacted by a city or county legislative body.

False

A person who wrongfully hurts another's good name or reputation orally may be liable for libel.

False

A prevailing party has no right to appeal a trial court's decision, even if, for example, the party receives a smaller monetary award than sought.

False

A request for admission can lengthen a trial because the parties have to take the time to prove facts on which they may already agree.

False

A resident of one state, when in another state, can be denied the privileges and immunities of that state for any reason.

False

A secondary source of law establishes the law on a particular issue.

False

A state may not restrict certain kinds of advertising, even in the interest of preventing consumers from being misled.

False

A statute is a secondary source of law.

False

Administrative law plays a relatively insignificant role in the regulatory environment of business.

False

An appellate court will not challenge a trial court's finding of fact, even if the finding is clearly erroneous.

False

An award of grossly excessive punitive damages is normally available in a suit involving gross negligence

False

An employer can use his or her power and control to engage in an intentional pattern of outrageous abuse against an employee without potential tort liability.

False

Any court can exercise jurisdiction over any person.

False

Appellate courts have no discretionary power to reject an appeal—appellate courts must accept all appeals.

False

Attempts to settle a case must be concluded before the litigation process begins.

False

Because courts of law and equity have merged, the principles of equity are no longer applied.

False

Because expert testimony is effective with juries, there is no potential for the abuse in its use at trial.

False

Because laws may change, the ability to analyze and evaluate the legal ramifications of situations as they arise is not a lasting skill.

False

Because the Internet is international in scope, no party to an online dispute resolution proceeding can appeal to a court at any time.

False

Before a trial begins, the jury renders a preliminary verdict to indicate to the attorneys what they must attempt to prove during the course of the trial.

False

Civil law has to do with wrongs committed against society for which society demands redress.

False

Compartmentalizing the law into discrete topics indicates that each business transaction is subject to only one specific area of the law.

False

Discovery is the process of serving a summons and a copy of a complaint on a defendant.

False

Doing business within a jurisdiction is not enough for most courts to compel a defendant to appear.

False

Equal protection means that the government must treat all individuals the same.

False

Even if it conflicts with the U.S. Constitution, a state constitution is supreme within that states' borders.

False

Failing to strictly follow the procedural rules and standards for determining disputes in courts is not likely to affect the outcome in a particular case.

False

False imprisonment occurs only when a person justifiably restrains another.

False

Federal agency regulations do not take precedence over conflicting state regulations

False

For purposes of diversity jurisdiction, a corporation is not considered a citizen of any particular state.

False

Hilo tells the Internal Revenue Service that Jon "cheated on his taxes." This can lead to Hilo's liability for defamation if the statement is

False

If a restriction imposed on speech by the government is content neutral, then a court will not allow it.

False

If an appellate court affirms a jury's finding on one issue, the court cannot remand the case for further proceedings on another issue.

False

If an owner consents to the taking of his or her property, a failure to return cannot be a tort.

False

In a case based on diversity of citizenship, a federal court will apply to the dispute the law of all of the jurisdictions of the parties

False

In a case involving Internet transactions, jurisdiction is proper only when the defendant conducts substantial business in the jurisdiction online.

False

In a criminal case, the object is to obtain a remedy.

False

In a successful tort suit, an individual is awarded compensatory damages to put him or her in a better position than the party who committed the tort.

False

In a tort action, a business firm can recover general damages equivalent to the actual value of damage sustained.

False

In considering a trial court's judgment, an appellate court bases its opinion on its de novo review of the evidence.

False

In most states, a merchant can use undue force to detain a person suspected of shoplifting without liability for false imprisonment

False

In most states, a plaintiff can obtain an unlimited amount of noneconomic general damages in a tort action.

False

In situations involving fundamental rights, a law that rationally relates to a legitimate government end will be struck down

False

In some jurisdictions, defendants who agree to waive formal service of process receive a reduction in the amount of an ultimate finding of liability.

False

In the American governmental system, applying the laws to specific situations is the essential role of Congress.

False

Independent regulatory agencies are not subject to the authority of the president.

False

Intentional deceit for personal gain may be unethical but it does not give rise to liability for fraud

False

It is the motive behind the intent—not the intent—that is important in tort law

False

Judicial review is the process through which Congress approves or rejects judicial appointments.

False

Jurisdiction refers to the right of a citizen to bring a case before a court.

False

Large corporations that do business in many states are now automatically subject to jurisdiction in all of them.

False

Misconduct by the participants in a trial can cause the judge to grant a motion for a new trial.

False

Most states encourage or require parties to undertake a trial before alternative dispute resolution.

False

Negotiation requires the use of a neutral third party to facilitate a settlement.

False

Nonverbal expression of belief is not a constitutionally protected form of expression.

False

On appeal of a court's grant or denial of a motion for summary judgment, the appellate court must defer to the trial court's ruling on the issue.

False

Only Congress may pass a law in conflict with the Constitution.

False

Only the United States Supreme Court exercises the power of judicial review.

False

Privacy rights receive no protection under federal law.

False

Pro se representation refers to the attorneys that parties hire to represent them in court.

False

Procedural due process focuses on the content of legislation.

False

Proximate cause exists if "but for" a wrongful act, an injury would not have occurred.

False

Publication of false information about another's property is not a tort.

False

State governments do not have any authority to regulate interstate commerce.

False

Substantive due process requires that a person have an opportunity to object to a proposed action before a fair, neutral decision maker

False

Testimony by a party in court in support of a statement made by someone else who testified is referred to as gainsay evidence.

False

The Fifth Amendment allows persons to be deprived of property without due process of law.

False

The U.S. Constitution divides powers among four branches of government.

False

The commerce clause has had no greater impact on business than any other provision in the Constitution.

False

The commerce clause has never been held to support the federal regulation of noncommercial activities that take place wholly within a state's borders.

False

The federal courts are an independent system of courts superior to the state courts.

False

The free exercise clause prohibits the government from passing laws that have any impact on religion.

False

The rights secured by the Bill of Rights are absolute.

False

The simplest form of alternative dispute resolution is mediation.

False

The standard of reasonable care for a professional is the same as that of an ordinary person

False

The study of business law does not involve an ethical dimension.

False

The uncertainties of the litigation process are lessened by the fact that any judgment will be enforceable.

False

There are no international conventions or treaties to assist in the enforcement of arbitration clauses because their enforcement is a national domain.

False

To gain a share of a market, a businessperson can interfere in another's business, even if the behavior is predatory.

False

To meet the standard of proof of preponderance of the evidence, a party must prove its case beyond a reasonable doubt.

False

To use arbitration as a method of dispute resolution, the parties must agree to arbitrate any dispute before it arises.

False

Under the privileges and immunities clause, the federal government has the power to regulate commercial activities among the states.

False

When there is a direct conflict between a federal law and a state law, both laws are rendered invalid.

False

With a motion to strike, a party asks a court for permission to delay the start of a trial in protest of certain aspects or conditions of the plan of litigation.

False

With respect to the study of jurisprudence, there is only one school of legal thought.

False

Without a jury, there is no one to determine the truth of the facts alleged in a case.

False

Evan is arrested for a theft committed by someone who stole his identity. A court orders his release, but due to a police error in Evan's paperwork, he is held in jail for a month. The police are most likely liable for

False imprisonment

Faro picks up an empty gas can on Gas Station's property and throws it at Heylie, but misses and hits Izzy instead. For the tort of battery, Izzy can sue

Faro

Rory, the chief executive officer of Spout Off Inc., a website for short rants, claims that certain state and federal government actions infringe on rights guaranteed by the Bill of Rights. Most of these guarantees have been held to limit

Federal and state actions

Levon files a suit against Manufacturing Corporation. The defendant believes that even if the plaintiff's statement of the facts is true, according to the law the defendant is not liable. Manufacturing Corporation should

File a motion to dismiss

In the pretrial phase of litigation between Frozen Foods Company and Gourmet Kitchens Inc., the plaintiff directs to an interrogatory to the defendant. In Gourmet's response, the defendant in good faith can

Give away as little information as possible

Grain Farm Inc. files a suit against Harvest Services. Before the court can exercise jurisdiction over Harvest, the court must have proof that

Harvest was notified of the suit

Hal posts online secretly recorded videos of Ida and includes her name, address, phone number, and Facebook page. Most likely, Ida could bring a successful tort action against Hal for

Invasion of policy

Barney files a suit against Courtney, who fails to respond. Consequently, Courtney

Is subject to a judgment of default

Tabulated Data Inc. files a suit against the United States, challenging a congressional enactment mandating that employers pay their employees' student loans. The process by which the court decides this issue is

Judicial Review

Secondary sources of law include

Legal scholars' research

In an online blog, Oren states that Publicity Corporation invaded the privacy of individuals to collect marketing data for its clients. If the firm can prove all of the elements of defamation and Oren cannot assert a sufficient defense, Oren is most likely liable for

Libel

A constitution sets forth a government's

Limits and powers

Two businesses—Berry Farms LLC and Canned Jams Inc.—dispute the quality of goods delivered by the seller and the price agreed to by the buyer. With regard to this dispute, the two parties can

Litigate it, resolve it through an alternative method, such as arbitration, or settle it between themselves

Ciera is injured when a roofing tile breaks free, falls from the roof of a building, and strikes her. If Ciera brings a successful tort action against the building's owner, she may be awarded special damages to compensate her for

Monetary losses, such as medical expenses

The Florida legislature enacts a state law that violates the U.S. Constitution. This law can be enforced by

No one

Peoples Rights Organization (PRO), a political lobbying group, wants a certain policy enacted into law. If PRO's policy conflicts with the U.S. Constitution, a law embodying it can be imposed by

None of the choices

Bryan creates a website to post threatening messages about celebrities. Under the First Amendment, these messages are most likely protected

None of the time

Margo is harmed when Nell defames her. If Margo brings a successful tort action against Nell, she may be awarded general damages to compensate him for

Nonmonetary aspects of the harm suffered, such as loss of reputation

Nayda retains Olin, an attorney, on a contingency-fee basis to seek damages in a personal-injury suit against Price-Mor Stores Inc. Nayda does not win her case. She must pay

Olin's fee, and any other expenses related to the case

The state of Florida can regulate building contractors and building codes in the state under its

Police powers

Common law rules develop from

Principles underlying judges' decisions in actual controversies

Erol works for Food Packing Company. Erol's supervisor Gwen writes a negative review of Erol's performance. Gwen believes the statements are true, and limits their communication to the firm's management. In a tort action for defamation, Gwen can most likely assert as a successful defense

Privilege

A truck with defective brakes runs off the street and crashes into Lima's home, damaging the property and injuring her. In a successful tort action against the truck's owner for gross negligence, Lima may be awarded punitive damages to

Punish the defendant and deter others from similar wrongdoing

Rita brings a tort action against Santo and proves all of the elements of the claim. Santo's successful defense will

Release the defendant from partial or full liability for the tortious act

In a phone call to Lou, Mia makes statements about Nye that injures Nye's reputation. If Nye can prove all of the elements of defamation and Mia cannot assert a sufficient defense, Mia is most likely liable for

Slander

Steel Mill Inc. makes steel forms of substandard quality. Tower Building Company has never bought or used a Steel Mill form, but files a suit against the firm, alleging that its products are defective. The defendant's best ground for dismissal of the suit is that the plaintiff does not have

Standing to sue

Heyli is not a resident of Iowa although her website can be accessed by residents of that state. Jen files a suit against Heyli in an Iowa state court. The court is most likely to have jurisdiction over Heyli if Jen's claim arises from

Substantial business between Jen and Heyli through Heyli's website

The basis of all law in the United States is

The U.S. Constitution

Ty, a citizen of Utah, files a suit in a Utah state court against Vancouver Sales Corporation, a Washington state company that does business in Utah. The court has original jurisdiction, which means that

The case is being heard for the first time

The federal government has the power to regulate commercial activities among the states under

The commerce clause

Carly files a complaint against Delivery Corporation, charging that she has not been paid and wants to recover the unpaid amount, plus interest. The complaint and a summons will most likely be served on

The corporation's registered agent

Ovid wants to file a suit against Petra. For a court to hear the case

The court must have jurisdiction

Generally, given the broad language of the Constitution, the line between state and national powers is often determined by

The courts

A rule issued by the federal Environmental Protection Agency (EPA) limits the amount of carbon that can be emitted from a car's exhaust system. California state law prescribes much lower limits. Under the U.S. Constitution

The federal rule takes precedence

Radiant Supply wants to initiate a suit against Solar Power LLC by filing a complaint. The complaint should include a statement of the facts necessary to show that

The plaintiff is legally entitled to a remedy

The 1803 decision of the United States Supreme Court in the case of Marbury v. Madison established

The power of judicial review

The Food and Drug Administration (FDA) is an executive agency. As an executive agency, the FDA is subject to the authority of

The president

A court's subject-matter jurisdiction may be limited by all of the following except

The prior experience of the court in deciding similar disputes

In a case based on diversity of citizenship, a court will apply

The relevant state law

After a dinner at Rosa's Restaurant, So believes that he was overcharged and shoves Tell, the waiter, who is injured when he falls. Tell sues So, alleging that the shove was a battery. So is liable if

The shove was offensive

On a challenge to a provision in a state constitution that conflicts with a provision in the U.S. Constitution

The state provision will not be enforced

A statute enacted by the Wyoming state legislature to regulate trucking affects interstate commerce. In evaluating this statute, the courts will weigh the burden that it imposes on interstate commerce against

The state's interest in regulating the matter

A federal form of government is one in which the national government shares sovereign power with

The states

Under the U.S. Constitution, the federal government has the power to regulate commercial activities among the states. This grant implies that the regulation of such activities is not within the authority of

The states

Federal regulations concerning medical devices directly conflict with a certain state law. Under the U.S. Constitution, which law takes precedence is determined by

The supremacy clause

NatGas Corporation obtains a federal license to operate a gas pipeline through a certain area of Oregon. The Oregon state legislature enacts a law that bans gas pipelines in that area. Most likely, the state law violates

The supremacy clause

A business firm has a duty to exercise reasonable care to protect its business invitees.

True

A complaint contains a brief summary of the facts necessary to show the party filing the complaint is entitled to relief.

True

A constitution is a primary source of law.

True

A corporation's compliance with the laws of any jurisdiction in which it does business is complicated by the fact that those laws can be very different.

True

A defendant's motion for a directed verdict, if granted by the court, can end a trial before the defendant presents witnesses.

True

A deposition can be used to impeach a party or witness who changes his or her testimony at trial.

True

A false statement about a person's business can give rise to liability for defamation.

True

A federal court will apply federal law in a case involving a federal question.

True

A landlord is expected to use reasonable care to ensure that his or her tenants are not harmed in common areas.

True

A law that that limits a fundamental right may be held to violate substantive due process.

True

A local ordinance commonly has to do with a matter concerning only a local governing unit.

True

A motion for summary judgment can assert that the plaintiff failed to state a claim for which the court can grant relief

True

A motion to dismiss asserts that a claim has no basis in law.

True

A person will not be liable for wrongful interference if the interference results from legitimate competitive behavior.

True

A question of law is generally the focus of an appellate court.

True

A wrongful action that interferes with a person's legal right to personal property can support a tort action in trespass.

True

An act intended to make another person fearful of an immediate physical harm is an assault if the threat is reasonably believable.

True

An appellate court can modify a trial court's decision, in whole or in part.

True

An economically injurious falsehood about a business's product can support a tort action for disparagement of property.

True

Any time one party's allegedly wrongful conduct causes injury to another, an action may arise under the law of torts.

True

Arbitration differs from other forms of alternative dispute resolution in that a third party hearing a dispute makes a decision for the parties.

True

Because the Internet is international in scope, it raises international jurisdictional issues.

True

Because the courts have defined interstate commerce broadly, arbitration agreements only slightly connected to interstate commerce may be enforced.

True

Before a lawsuit is initiated, a plaintiff should consider whether the defendant is able to pay the damages sought.

True

Congress or a state legislature establishes an administrative agency to perform a specific function.

True

Controlling precedents are binding authorities.

True

Corporations enjoy many of the same rights and privileges as natural persons do.

True

Courts often refer to secondary sources of law for guidance in interpreting and applying a primary source of law.

True

Electronic discovery can reveal significant facts that are not discoverable by other means.

True

Failure to preserve electronic evidence sought by the opposing party in a case can force a company to agree to a settlement that is not in the firm's best interest.

True

Foreseeability is the test for proximate cause.

True

Generally, because the parties to arbitration are free to agree to the means of the method, a court will not hear a complaint from either party about the results.

True

If no legally recognized injury or harm results from a given negligent act, there is nothing to compensate—in effect, no tort exists.

True

In a response to an allegation of a defendant's negligence, the defendant's assertion of the plaintiff's negligence is an affirmative defense.

True

Intent can be transferred when an individual intends to harm one individual but unintentionally harms another.

True

Intentional physical contact with another is not a battery unless the contact is unexcused, harmful, or offensive.

True

International law derives from a variety of sources, including the laws of individual nations.

True

Jurors must decide a case based only on the information that they learn during the trial.

True

Laws would have no discernible meaning without the courts to interpret them.

True

Liability for injuries based on proportionate negligence is allowed by most states.

True

Local governments, including cities, exercise police powers.

True

Multinational corporations agreeing to resolve a dispute through a formal hearing before a panel of experts is a method of alternative dispute resolution.

True

Often, more than one rule of law will be applicable to a case.

True

Only if a state legislature adopts a uniform law does that law become part of the statutory law of that state

True

Parties to international business transactions should include certain clauses, including arbitration clauses, in their contracts to avoid added complexity in related legal proceedings.

True

Picking a jury is an important aspect of litigation strategy.

True

Political speech by corporations falls within the protection of the First Amendment.

True

Preemption occurs when Congress chooses to act exclusively on a subject over which the federal government shares power with the states.

True

Rescission is the cancellation of a contractual obligation.

True

Rules issued by administrative agencies affect almost every aspect of a business's operations.

True

Sanctions for spoliation of e-evidence can include the entire cost for restorative recovery efforts.

True

Speech can be subject to reasonable restrictions.

True

State regulatory powers are often referred to as police powers.

True

Taking personal property from its owner, without permission or just cause, is trespass—retaining it is conversion

True

That a favorable court decision will be likely to remedy an injury is an element of standing.

True

The U.S. Constitution is the basis of all law in the United States.

True

The United States Supreme Court has held that a constitutional right to privacy is implied by several of the amendments in the Bill of Rights.

True

The amount of business a corporation does within a state can serve to subject or exempt the firm from that state's jurisdiction.

True

The basis of a civil law system is a written code of laws.

True

The common law is a body of law developed from judicial decisions.

True

The doctrines and principles announced in court decisions govern all areas not covered by statutory or administrative law.

True

The dormant commerce clause comes into play when state regulations affect interstate commerce.

True

The first ten amendments to the U.S. Constitution are commonly known as the Bill of Rights.

True

The legal rules that control a business's actions reflect past and current thinking about how similar businesses should and should not act.

True

The national government has the implied power to undertake actions necessary to carry out its expressly designated powers.

True

The system of checks and balances in the U.S. Constitution allows each branch of government to limit the actions of the other branches.

True

Under a state long-arm statute, a court can exercise jurisdiction only over certain nonresident defendants.

True

Under the Ninth Amendment, people have rights in addition to those specified in the Constitution.

True

Under the full faith and credit clause, any judicial decision in one state with respect to contract rights will be honored and enforced in all states.

True

When concurrent jurisdiction exists, the decision of whether to litigate in a federal or state court can be affected by the availability of different remedies.

True

When religious practices work against public policy, the government can act.

True

When someone suffers injury because of another's failure to live up to a required duty of care, negligence occurs.

True

Cattle House Steaks, a Colorado company, enters into a contract over the phone with Beef Packing Inc., an out-of-state corporation. If a dispute arises, a Colorado court can exercise jurisdiction over Beef Packing

Under the minimum-contacts test

Ihlan initiates a lawsuit against Juno, alleging that Juno has not paid her rent for six months and Ihlan wants her to vacate her apartment. The sheriff serves a summons. Juno does not respond. Ihlan

Will be awarded a default judgment

A challenge to the constitutionality of an executive order that limits certain state actions is

Within the power of judicial review

The term checks and balances refers to the system under which

the powers of government are divided among its branches, each of which exercises a check on the actions of the others

Administrative law includes

the rules, orders, and decisions of a government agency