Acct 215 - Chapter 1, 2,3 Quizzes (Exam 1)
The textbook states family law is a prime example of - Privileges and Immunities - 10th Amendment Police Power - Supremacy Clause - Taxing and Spending Powers
10th Amendment Police Power
Which of the following statements is true? - A court must have both personal and subject matter jurisdiction before hearing a case - A court only needs subject matter jurisdiction to hear a case - A court only needs personal jurisdiction to hear a case - A court could never exercise in rem jurisdiction
A court must have both personal and subject matter jurisdiction before hearing a case
In which of the following situations would the concept of Equal Protection be most likely violated under the US Constitution? - Melissa only wishes to be roommates with other females - A news outlet only publishes negative information about a certain political party - A state government only taxes people of a certain race - A restaurant only serves Italian dishes
A state government only taxes people of a certain race
Which of the following is not listed by the textbook as a limitation on the power of Congress to tax and spend under the US Constitution? - A tax must be progressive - A tax cannot be a penalty - The spending power must be used to help further public welfare - A tax must be levied against some form of revenue or income
A tax must be progressive
The federal court system consists of - U.S district courts - U.S courts of appeals - U.S Supreme Court - All of the above
All of the above
In which of the following cases would a federal court most likely have appropriate subject matter jurisdiction? - Amy sues X Corporation for violation of federal employment law in the amount of $20,000 - Amy sues Ted under state law for $50,000 and they are from different states - Amy sues Ted for violation of state law in the amount of $60,000 - Amy sues Ted for $80,000 under state law and they are both residents of the same state
Amy sues X Corporation for violation of federal employment law in the amount of $20,000
According to the Erie case in chapter 2, - Federal courts cannot impose federal law when hearing a case arising under diversity of citizenship - Federal courts should not hear cases involving state law - Federal courts should impose federal law in all cases - Federal courts cannot exercise jurisdiction under the theory of diversity of citizenship
Federal courts cannot exercise jurisdiction under the theory of diversity of citizenship
Which of the following statements is true? - Federal law generally trumps state law in the US - Ordinances are routinely passed by the US Congress - Judges make statutory law with their case rulings - State Constitutions generally trump the US Constitution
Federal law generally trumps state law in the US
The Supremacy Clause of the U.S. Constitution states that: - State constitutions are the supreme law of the land - Federal law will trump state law if the two conflict - State constitutions and the U.S. Constitution are equally authoritative - The executive branch has supreme power in the federal government
Federal law will trump state law if the two conflict
Police Power gives the individual states the right to regulate - Health - Health, Safety, and Morals - Safety - Morals
Health, Safety, and Morals
In the Kimble case, the Supreme court - Held its prior precedent in Brulotte should not be overturned - Held contract law is fluid and should be overturned - Held a patent is valid even after it expires - Held its prior precedent from the Brulotte case should be overturned
Held its prior precedent in Brulotte should not be overturned
The government need only have a rational basis related to a legitimate government interest for this level of scrutiny? - Minimal scrutiny. - Intermediate Scrutiny - Strict scrutiny. - Procedural scrutiny
Minimal scrutiny.
Which of these is not a pretrial motion? - Motion to dismiss - Motion for summary judgment - Motion for judgment on the pleadings - Motion for a directed verdict
Motion for a directed verdict
According to the textbook, the following is usually filed right before trial in order to prevent the jury from hearing certain information - A protective order - Subpeona - Motion to compel discovery - Motion in limine
Motion in limine
The textbook states this is the term for a pleading asking the court to force the opposing party to produce information? - Motion to dismiss - Motion for summary judgment - Motion to compel discovery - Motion in limine
Motion to compel discovery
Which of the following is protected under the concept of Freedom of Speech as found in the 1st Amendment? - Nonverbal gestures - Obscenity - Defamation - Fighting Words
Nonverbal gestures
Which of the following is not mentioned by the textbook as a method for a court gaining in personam (personal) jurisdiction? - Consent by defendant - Notarized mail sent to defendant - Defendant is a resident of the state - Defendant is routinely found in the state
Notarized mail sent to defendant
What is another name for a plaintiff? - Respondent - Judge - Petitioner - Defendant
Petitioner
Which of the the following terms is used to describe the judicial outcome or holding created by a court opinion? - Precedent - Regulation - Stare decisis - Statute
Precedent
Congress chooses to act exclusively in an area in which the federal government and the states have concurrent power to regulate. This is referred to as? - Preemption - The Supremacy Clause - Jurisdiction - Division of Rights
Preemption
hich of the following is in the proper order? - Pretrial Conference, Trial, Posttrial Motions, Appeal, Steps to Enforce Judgment - Pretrial Conference, Appeal, Trial, Posttrial Motions, Steps to Enforce Judgment - Appeal, Pretrial Conference, Trial, Posttrial Motions, Steps to Enforce Judgment - Steps to Enforce Judgment, Pretrial Conference, Trial, Appeal, Posttrial Motions
Pretrial Conference, Trial, Posttrial Motions, Appeal, Steps to Enforce Judgment
Which of the following clauses says that a state cannot treat citizens from another state differently without a proper justification? - Supremacy Clause - Commerce Clause - Privileges and Immunities Clause - Full Faith and Credit Clause
Privileges and Immunities Clause
Which of the following constitutional law concepts is applicable when the police wish to obtain a search warrant? - Probable cause - Eminent domain - Double jeopardy - Reasonable suspicion
Probable cause
The Commerce Clause allows Congress to - Regulate intrastate commerce - Regulate interstate commerce - Regulate morality - Regulate state action
Regulate interstate commerce
The Commerce Clause does not allow Congress to - Regulate intrastate commerce - Regulate interstate commerce - Regulate commerce which substantially affects interstate commerce - Regulate the channels of interstate commerce
Regulate intrastate commerce
Assume Noah and Hannah have a contract. Noah breaches the contract. Hannah would simply to like to undo the contract. Asking a court to undo a contract is referred to as - Rescission - Remedy at law - Injunction - Specific performance
Rescission
This term means "to undo a contract" - Rescission - Injunction - Legal remedy - Performance
Rescission
This court deals with civil matters under a certain dollar amount ($5,000 in Iowa): - Bankruptcy Courts - Tax Court - Small Claims Court - Probate Courts
Small Claims Court
Which of the following sources of state law is of the greatest authority as compared to the others? - State common law - State administrative law - State constitution - Municipal law
State constitution
Which of the following sources of state law is of the greatest authority as compared to the others? - State administrative law - State statutory law - Municipal law - State common law
State statutory law
Which of the following sources of law is used to describe law passed by a legislature? - Common law - Precedent - Statutory law - Administrative law
Statutory law
In the Walkovsky Case, the plaintiff wanted - Find a de jure corporation - The court to disregard the corporate form - Order an injunction - Order rescission
The court to disregard the corporate form
Marko Poloh sets the campanile on fire because of the "F" he received on Professor Bootsma's Accounting 215 test. Marko goes to his friend Leo Johnson's house, explains to him everything he did, and asks to hide out there. If the police arrest Leo for hiding Marko, the police are enforcing: - civil law - international customs law - criminal law - administrative law
criminal law
Will is driving through the state of Nebraska. The drive is so boring he dozes off and swerves into Brian's car. Brian sues Will for damages. Brian is from Iowa. Will is from Minnesota. What must be proven for Nebraska to exercise jurisdiction over the case using a long arm statute? - in rem jurisdiction - minimum contact - Nebraska can t exercise jurisdiction because the defendant is from MN. - the court uses a sliding scale to determine if the case can be heard in Nebraska
minimum contact
The body of law that is passed by legislative bodies is referred to as: - cyberlaw - criminal law - natural law - statutory law
statutory law
The textbook states a summons is also referred to as - the original notice - the reply - the motion to dismiss - the complaint
the original notice
According to the textbook, which of the following forms of alternative dispute resolution usually results in a legally binding outcome? - Arbitration - Mediation - Negotiation - Summary jury trial
Arbitration
The Noel Canning case as reported by the textbook involved a dispute arising out of - Article IV - Article III - Article II - Article I
Article II
Which of the following would generally occur before the others as part of litigation? - Complaint is filed - Motion to dismiss is filed - Motion for summary judgment is filed - Summons is issued
Complaint is filed
According to the textbook, the US Constitution was to be ratified by - Popular vote - Conventions - Congressional vote - Executive order
Conventions
Which of the following is not mentioned by the textbook as a method for a court gaining in personam (personal) jurisdiction? - Defendant resides in the state - Court exercises its authority under a long-arm statute - Court orders defendant by mail to appear - Defendant is routinely found in the state
Court orders defendant by mail to appear
Assume Rodney's house is broken into after a large storm hits his neighborhood in Michigan. Since the storm had knocked out Rodney's electricity, Rodney had gone to stay with his father and mother in another town. Rodney has proof that Janelle is the person who stole his property from his home. Rodney informs the local police. The police generally enforce - International law - Administrative law - Civil law - Criminal law
Criminal law
In the Walkovsky Case, the plaintiff was injured - By a cab - By a horse - By a thief - By a dog
By a cab
Which of the following cases was not discussed in regards to the 1st Amendment Freedom of Religion? - Central Hudson - Van Orden - Lovell - Employment Division, Department of Human Resources of Oregon
Central Hudson
Which of the following Constitutional issues were used by Congress to pass the law at issue in the Lopez case? - Eminent Domain - Equal Protection - Commerce Power - Police Power
Commerce Power
The judgement nov request is relevant in which of the following situations? - Defendant thought the trial was unfair - Plaintiff believes the judge was wrong in his application of law - Defendant believes the jury was incorrect in their verdict - Plaintiff believes a witness committed perjury
Defendant believes the jury was incorrect in their verdic
Which of the following is a term meaning to obtain information from the opposing party or from witnesses before a trial begins? - Affidavits - Motions - Discovery - Counterclaim
Discovery
What is maximum profit? - Only make as much money as you can while still acting ethically - Do anything unethical or ethical to make the most profit possible - Using the Golden Rule to make profit - Only make as much profit as you can while following Kantian ethics
Do anything unethical or ethical to make the most profit possible
Which of the following Constitutional concepts allows the state to take one's land? - Probable cause - Eminent domain - Reasonable suspicion - Double jeopardy
Eminent domain
The Court in the Lopez case held the student was - Engaged in intrastate activity - Engaged in interstate activity - Engaged in reasonable suspicion - Engaged in probable cause
Engaged in intrastate activity
Which Constitutional Clause prevents a state from demanding membership in a state sponsored religion? - Equal Protection - Free Exercise Clause - Establishment Clause - Freedom of Speech
Establishment Clause
Which of the following is not listed by the textbook as a limitation on the power of Congress to tax and spend under the US Constitution? - Income taxes must be proportional in all cases - A tax cannot be a penalty - Congress cannot create certain limitations on the receipt of its spending unless conditions are properly related to public welfare - A tax must be levied against some form of revenue or income
Income taxes must be proportional in all cases
According to the textbook, which of the following is the internal control safeguard which requires passwords for computer software? - Periodic employee reviews - Instituting physical controls - Strong tone at the top - Segregation of duties
Instituting physical controls
Making ethics part of the goal setting and periodic evaluation process is an example of? - Coase theorem. - Principle of rights. - Actions of employees. - Internal Control
Internal Control
Which of the following is NOT one of the restrictions placed on state action regulating commercial speech? - It must seek to implement a substantial government interest - It must directly advance that interest - It must be a content neutral restriction - It must go no further than necessary to accomplish its objective
It must be a content neutral restriction
Which of the following is a restriction on commercial speech? - It must seek to implement a substantial government interest - It must directly advance that interest - It must go no further than necessary to advance that interest - It must seek to implement a substantial government interest, It must directly advance that interest, and It must go no further than necessary to advance that interest
It must seek to implement a substantial government interest, It must directly advance that interest, and It must go no further than necessary to advance that interest
In which of the following cases would a federal court most likely have appropriate subject matter jurisdiction? - Perry sues Amanda under state law for the amount of $50,000 and they are residents from different states - Amanda sues Perry under state law for $80,000 and they are both residents of Idaho - Jeff sues Rex for patent infringement under federal law in the amount of $50,000 - Jeff sues Ted for $50,000 under state law and they are from different states
Jeff sues Rex for patent infringement under federal law in the amount of $50,000
The US House of Representatives is part of the federal - Legislative branch - Judicial branch - Executive branch - None of these branches
Legislative branch
According to the textbook, the following may also be referred to as municipal courts? - Trial courts - Magistrate courts - Bankruptcy courts - Tax courts
Magistrate courts
When a neutral third party is being brought into a dispute to help find common ground on a lawsuit, but the decision is NOT legally binding,the ADR is referred to as - Arbitration - Negotiation - Bench trial - Mediation
Mediation
Which of the following is not listed by the textbook as a prong of the Central Hudson test for commercial speech restrictions? - The restriction must advance a substantial government interest - The restriction must go no further than necessary - The restriction must directly advance a substantial government interest - The speech must not be controversial
The speech must not be controversial
Which of the following is not listed by the textbook as a prong of the Central Hudson test for commercial speech restrictions? - Speech must be protected by the 1st Amendment - The speech must not be offensive - Government restriction must go no further than necessary - The restriction must directly advance a substantial government interest
The speech must not be offensive
Which of the following scenarios will most likely involve a court finding minimum contacts assuming Tom is the defendant? - Tom has never been to Iowa - Tom once visited his grandma in Iowa 20 years ago - Tom sold products in Iowa but lives in New Jersey - Tom drives through Iowa without causing an accident
Tom sold products in Iowa but lives in New Jersey
Which of the following is not listed as a specialized court by the textbook? - US tax court - US District Court for the Northern District of Iowa - Us bankruptcy court - US Court of Federal Claims
US District Court for the Northern District of Iowa
When all the judges agree on an opinion, the written opinion of the judges is referred to as - Majority - Unanimous - Concurring - Dissenting
Unanimous
The greatest good for the greatest number best resonates with which ethical standard? - Utilitarianism - The Golden rule - Kantian Ethics - Religious Principles
Utilitarianism
Which of the following ethical decision making theories can be referred to as a purely cost/benefit analysis? - Stakeholder approach - Golden rule - Kantian ethics - Utilitarianism
Utilitarianism
In the Edmonson case, the controversy arose during - Opening statements - Voir dire - Closing arguments - Jury deliberations
Voir dire
What is an order directing the sheriff to seize and sell the defendant's nonexempt assets, or property? - Warrant - Deposition - Voir dire - Writ of Execution
Writ of Execution
