Business Law CH1+2
A problem with the doctrine of stare decisis in common law is that judges are forced to stand by old rules, even if they no longer seem appropriate.
False
A suit involving a dispute for $45,000 over a contract signed in New York under New York law with parties from two different states could be tried in federal court using federal law or in a New York court using New York law.
False
Administrative agencies are typically created by court orders.
False
All courts have general jurisdiction.
False
American common law was approved for adoption in Article III of the U.S. Constitution.
False
Any one member of the Supreme Court can accept a case for the Court to hear.
False
Appeals of decisions of regulatory agencies must go to the federal district court in the District of Columbia.
False
Because it is an appellate court, the U.S. Supreme Court has no original jurisdiction.
False
Common law changes only by acts of the legislature.
False
Delaware is the only state with a legislature that only has one part or house. All other states have a two-part legislature.
False
In Davis v. Baugh Industrial Contractors the Washington supreme court held that the traditional common law rule regarding negligence by a contractor could be changed only if a majority of state supreme courts agreed to change the rule.
False
In Davis v. Baugh Industrial Contractors the Washington supreme court held that the traditional common law rule regarding negligence by a contractor could not be changed.
False
In Erie v. Tompkins, where Tompkins was hit by a New York train in Pennsylvania, the Supreme Court held that the matter must be tried under federal law because the law of New York and Pennsylvania were in conflict.
False
In most years, the Supreme Court hears and decides about 20 cases.
False
In the federal and state systems, the only courts with general jurisdiction are the U.S. and state supreme courts.
False
Juries are used in state courts, but not in federal court.
False
Legal documents could not be transmitted electronically due to common law rules based upon use of documents printed and delivered on paper.
False
Most federal court of appeals cases are reviewed by the Supreme Court.
False
Several times over the years, Congress has punished federal courts for decisions Congress did not like by cutting the salary of judges.
False
Small claims courts in all states may not hear cases involving amounts in dispute over $1,000.
False
Some states require that no matter what the dispute, all cases must be tried under the law of that state. No conflict-of-law tests will be applied.
False
Statutory law is created by executive order.
False
The Constitution requires each state court system to have appeals courts and a supreme court.
False
The President may not create any law without the permission of Congress.
False
The U.S. Constitution requires every state to have a legislature that has two parts, a house and a senate (or some bodies with similar structure).
False
The U.S. Supreme Court must accept appeals from state supreme courts when there is a conflict of laws between two or more states.
False
The doctrine of forum non conveniens applies only in federal district courts, not state trial courts.
False
The only federal courts in which a jury is used are the courts of appeals.
False
Traditionally, in contracts cases, the conflict-of-law rule is that the law of the state in which a contract was breached will determine the validity of the contract.
False
When a federal judge is impeached from office, the trial is heard by the Supreme Court, unless a Supreme Court judge is involved.
False
In some states, judges are appointed by the governor.
In some states, judges are appointed by the governor.
Federal judges are appointed for:
Life
The reasonable "doing of something about disputes" refers to:
None of the Choices
If a federal judge is impeached from office:
None of the above
Unlike federal judges, most state judges:
None of the choices
Powers not granted to the federal government are retained by states or are left to the people according to:
None of the choices are correct
The doctrine that protects judges from suits for damages for judicial acts is called:
None of the choices are correct
Both state and federal court systems have lower courts of ____, where disputes are first brought and tried.
Original Jurisdiction
One example of the law working to effect social change in the U.S. is in the area of:
Racial Discrimination
The United States Constitution is:
The Highest Legal Authority
Federal judges are nominated by:
The President
A suit involving a dispute for $1 million over a contract signed in Ohio under Ohio law with parties from two different states could be tried in federal or Ohio courts using the same law.
True
A suit involving a dispute for $45,000 over a contract signed in Pennsylvania under Pennsylvania law with parties from two different states would be tried in a Pennsylvania court using Pennsylvania law.
True
A writ of certiorari directs a lower court to send up the record of a case for review by the Supreme Court.
True
An important state law affecting the legal regulation of business is the Uniform Commercial Code.
True
Common law in the U.S. has its origin in England.
True
Federal judges are nominated by the President and confirmed by the Senate.
True
In Erie v. Tompkins, where Tompkins was hit by a New York train in Pennsylvania, the Supreme Court held that federal common law, as first announced in Swift v. Tyson, was to be abandoned in favor of state common law.
True
Judges are protected from damages caused by bad decisions they make on the bench by judicial immunity.
True
Like the federal court system, state courts have a system of appellate courts and courts of original jurisdiction.
True
One of the benefits of the common law is that it is flexible in changing with the times.
True
State judges, unlike federal judges, are generally not appointed for life.
True
The Constitution creates the executive, legislative, and judiciary branches of the federal government. T/F
True
The Court of Appeals for the Federal Circuit has national jurisdiction.
True
The U.S. Constitution is the oldest written constitution in force of any major nation. T/F
True
The doctrine of stare decisis means that decisions in past cases will be followed in resolving present cases.
True
The separation of powers determined by the U.S. Constitution means that each branch of government has functions that can be checked by other branches.
True
The venue of a case may be changed due to excessive publicity about the matter.
True
There is no right of appeal in a criminal case lost by the government at the district court trial.
True
Trial courts at both the federal and state level are called courts of original jurisdiction.
True
With the exception of the U.S. Supreme Court, Congress has the power to abolish and create federal courts.
True
State judges:
All of the choices
By the use of laws and the legal system, the government can:
All of the choices are correct
Law(s) is (are):
All of the choices are correct
Which of the following are part of the federal court system:
All of the following
Which of the following is NOT a part of the rules that govern behavior in most nations:
All of them
The doctrine of judicial immunity protects judges' ability to:
Be independent decision makers
Federal judges may be impeached for:
Bribery
The Supreme Court was created:
By the Constitution
The fundamental law of the nation is the:
Constitution
The United States Constitution:
Created three branches of government
Both ____ and ____ are part of the rules that govern behavior in most nations.
Customs and Ethics
The United States Constitution: is the oldest written constitution in force in a major nation provides for the general powers and limits of the federal government establishes a division in governmental powers called the separation of powers establishes itself as supreme over state law all of the other choices are correct
all of the other choices are correct
Original jurisdiction means power to:
accept a lawsuit, try it, and pass judgment
In an orderly society, law and the legal system help to: influence the behavior of members of society resolve disputes maintain the important values of society provide a way for important social changes to take effect all of the answers are part of the role of law
all of the answers are part of the role of law
The U.S. Constitution creates:
executive branch of government
The Missouri System for choosing state judges:
is an example of a system that mixes the election and appointment processes
Many studies find that there is a strong relationship between: a well-functioning legal system and the number of prisons a well-functioning legal system and incidence of disease a well-functioning legal system and the birth rate the level of corruption and life expectancy none of the other choices
none of the choices
The United States Constitution: lacks both clear rules and general principles has only specific rules has only "theoretical" principles has one fundamental goal none of the other choices
none of the other choices
The United States Constitution divides governmental power to prevent:
the tyranny the founders experienced under King George III
The federal court system is a(n) ____ system:
three-level
Which of the following are reflected in some aspect of law:
honesty and integrity are reflected by the enforceability of contracts
The U.S. Constitution provides that the judicial power (the court system) is:
in one Supreme Court and in lower courts as Congress may establish
