Legal Environment of Business Unit 1 Test
There are _____ circuits in the federal court system.
13
_____ is the act of a court to combine two or more separate lawsuits into one lawsuit.
Consolidation
If the defendant does not answer the complaint, a _____ is entered against him or her.
default judgment
A court's jurisdiction over a person is called _____ jurisdiction.
in personam
State limited-jurisdiction trial courts are sometimes referred to as _____ trial courts.
inferior
The simplest form of alternative dispute resolution is _____.
negotiation
Which of the following is NOT a major form of discovery?
pretrial conference
A _____ establishes the period during which a plaintiff must bring a lawsuit against a defendant.
statute of limitations
An electronic court is also called a _____ courthouse.
virtual
Which of the following are categories of courts that established English common law?
law, equity, and merchant
A(n) _____ statute extends a state's jurisdiction to nonresidents who were not served a summons within the state.
long-arm
The United States Supreme Court is composed of _____ Justices who are nominated by the _____ and confirmed by the _____.
nine; President; Senate
The Supreme Court in Fisher v. University of Texas at Austin held that _____.
race-conscious admissions is lawful under the equal protection clause
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.
special; is not
There are _____ U.S. District Courts.
94
An appeal is the act of asking a(n) _____ to overturn a decision after the trial court's final judgment has been entered.
appellate court
What does the highest state court system hear appeals from?
both intermediate appellate state courts and certain trial courts
The person giving a deposition is called the _____.
deponent
A motion for summary judgment is supported by evidence _____.
outside the pleadings
_____ is a form of alternative dispute resolution in which the parties choose an impartial third party to hear and decide the dispute.
Arbitration
________ courts were allowed to give equitable remedies under the English common law.
Chancery
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.
Command
The _____ School of jurisprudence proposes that legal rules are unnecessary and are used as an obstacle by the powerful to maintain the status quo.
Critical Legal Studies
_____ improves a person's problem-solving skills and helps him or her to make clear, logical, rational, and well-reasoned conclusions and judgments.
Critical legal thinking
_____ 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.
Diversity
Which of the following is NOT true regarding electronic dispute resolution?
Electronic dispute resolutions still involve face-to-face meetings.
Which of the following statements is true about the early development of English common law?
Equitable orders and remedies of the Court of Chancery took precedence over the legal decisions and remedies of the law courts.
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.
Full Faith and Credit
When legal scholars look to past legal decisions (precedent) to solve contemporary problems, it is an example of which school of jurisprudence?
Historical School
_____ jurisdiction means "jurisdiction over the thing."
In rem
_____ are written questions submitted by one party to a lawsuit to another party.
Interrogatories
_____ is a body of rules of action or conduct prescribed by controlling authority and having binding legal force.
Law
The ________ School of jurisprudence believes that promoting market efficiency should be the central goal of legal decision making.
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?
Law and Economics
_____ 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.
Mediation
The _____ School of jurisprudence asserts that the law should be based on morality and ethics.
Natural Law
A person in Oklahoma who uses the website of an Internet seller located in Tennessee can the user sue the Internet seller in ______________________.
Oklahoma under its long-arm statute
The Zippo Manufacturing Company was physically based out of which state?
Pennsylvania
The _____ School of jurisprudence asserts that the law is a means of achieving and advancing certain sociological goals.
Sociological
_____ means "to stand by the decision."
Stare decisis
_____ the supreme law of the United States.
The United States Constitution is
Which of the following is NOT true regarding the appellate process?
The responding party is called the secondary defendant.
What is the dollar-amount limit on federal question cases that can be brought in federal court?
There is no dollar-amount limit.
_____ is the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions.
Voir dire
Which of the following is not a relevant question according to the IRAC method of critical legal thinking?
Which executive nominated the judge presiding over the case?
Which of the following is NOT a court in the state court system?
appellate courts of the military services
Which of the following is an example of the Socratic method of teaching?
asking students questions about a case or legal issue
Quasi in rem jurisdiction is also known as _____ jurisdiction.
attachment
To maintain a class action, a class must be _____ by the appropriate federal or state court.
certified
When pretrial publicity may prejudice jurors, a _________________ may be requested.
change of venue
Jury instructions are also known as _____.
charges
A _____ is a lawsuit where a group of plaintiffs with common claims collectively bring a lawsuit against a defendant.
class action
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.
common
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.
concurrent
Under which type of arrangement do lawyers receive a percentage of the amount recovered by winning or settling a case?
contingency fee
Which of the following is NOT a component of critical thinking?
discounting opposing positions and arguments
Which divisions fall under the state trial courts of general jurisdiction?
domestic relations, probate, civil, juvenile, criminal
Which of the following is not a primary function of law in the United States?
establishing uniform principles of individual morality
Laws that are enacted only after considerable study, debate, and public input are an example of which function of the law?
facilitating orderly change
The Securities and Exchange Commission is an example of a _____.
federal administrative agency
The U.S. District Courts are the federal court system's trial courts of _____ jurisdiction.
general
Which of the following is NOT a major pleading in a lawsuit?
interrogatory
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.
judge
The court may overturn the verdict if it finds bias or jury misconduct. This is called a _____.
judgment n.o.v.
Laws that make certain activities crimes are an example of which function of the law?
keeping the peace
The bringing, maintaining, and defending of a lawsuit is generally referred to as _____.
litigation
If five United States Supreme Court Justices agree as to the outcome and reasoning used to decide a case, it is a _____ decision.
majority
United States' law evolves and changes along with all of the following EXCEPT
misuses and oversights of our legal system
A(n) _____ is a law enacted by local government bodies, such as cities and municipalities, counties, school districts, and water districts.
ordinance
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.
plurality
A settlement conference may also be referred to as the _______.
pretrial hearing
When the complaint and summons are served on the defendant, this is called service of _____.
process
Laws that allow for the settlement of cases prior to trial are an example of which function of the law?
providing a basis for compromise
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 _____.
rebuttal
The defendant's attorney can call additional witnesses and introduce other evidence to counter the plaintiff's rebuttal. What is this called?
rejoinder
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 _____.
remittitur
Lawyers typically operate on a contingency-fee basis for each of the following cases EXCEPT:
simple bankruptcy proceedings
Many states have created _____ claims courts to hear cases involving small dollar amounts, such as $5,000 or less.
small
To bring a lawsuit, a plaintiff must have _____ to sue.
standing
The Texas Natural Resources Code is an example of a(n) _____.
state 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.
statute
A(n) _____ is a court order that directs the defendant to appear in court and answer the complaint.
summons
The highest court in a state court system is usually referred to as the state _____ court.
supreme
Which of the following is NOT a recognized method of service of process?
symbolic
What is the legal effect of a tie vote at the United States Supreme Court level?
the lower court decision is affirmed, and the vote is not precedent for later cases
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 administer the law in a uniform manner
What was the main reason for the establishment of chancery courts during the development of English common law?
to eliminate unfair results and limited remedies of law courts
What is the function of an intermediate appellate court?
to review the trial court record for errors
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.
unanimous
Electronic courts (e-courts) may also be referred to as _______.
virtual courthouses