BUSA TEST 1

Which of the following is true regarding mediation A. Mediator does not make a decision or award damages B. If a settlement agreement is not reached in the mediation, then the parties hire a new mediator C. A mediator never meets with both parties at the same time, but shuttles back-and-forth between them D. A settlement agreement is never reach with the mediator

A. A mediator does not make a decision or award damages

____Is a form of alternate dispute resolution in which the parties choose an impartial third party to hear and decide the dispute A. Arbitration B. A fact finding investigation C. Conciliation D. Mediation

A. Arbitration

A legal system that relies on extensive codes in which judicial decisions do not become law is known as what kind of legal system? A. code of law B. Common law C. Equitable law D. Civil law

A. Code of law

I justice who agrees with the outcome in the case, but now with the reasoning used by other justices issue which type of opinion A. Concurring opinion B. Dissenting opinion C. Parallel opinion D. Agreeing opinion

A. Concurring opinion

_________ Are often referred to as courts of record because the testimony and evidence at trial are recorded in stored for future reference is A. General-jurisdiction trial courts B. Intermediate appellate courts C. Special federal courts D. Limited-jurisdiction

A. General-jurisdiction trial courts

A cross complaint is usually brought by the defendant for the purpose of: A. I'm seeking damages or some remedy against the plaintiff B. a guest C. A trespasser D. And answer so that a difficult judgment will not be entered against the defendant

A. I'm seeking damages or some remedy against the plaintiff

A(n)____ is a written Question submitted by one party to another A. Interrogatory B. Mental examination C. Production of documents D. Deposition

A. Interrogatory

The power of the president to issue executive orders A. Is implied, but not expressively stated in the US Constitution B. Subject to a 2/3 approval of the senate C. Is expressively provided for the US Constitution D. Was granted to the president in the early supreme court decision

A. Is implied, but not expressively stated in the US Constitution

The remedy of or relief that was available not the Law Courts of England's was: A. Monetary award for damages B. Specific performance C. Fines and imprisonment D. Returning the parties to their position before the dispute arouse

A. Monetary award for damages

What schools of jurisprudence thought is reflected in documents such as the US Constitution, the Magna Carta and the United Nations Charter A. The natural law school B. The Historic school C. The sociological school D. The analytical school

A. The natural law schools

(CHAPTER 4) television and movies, courtroom dramas often include scenes where surprise witnesses Bruce into court rooms are last minute. This kind of film scene is dramatic and entertaining, as the last-minute surprise often changes the outcome of the trial because of unexpected testimony and evidence. In real life, this is not what happens. In real life, there is a period prior to the trial which both parties find trials as effectively as possible. Often, when the parties find out the winners and evidence that the opposing side plans to present at trial, settlements become a more favorable option then trial. This pre-trial period, which often saves the parties to a lawsuit in our court system from unnecessary expenditure of both money and time is called: A. Jury selection B. Discovery C. Cross complaint D. Pretoria settlement conference

B. Discovery

The European "enlightenment" and John Lockes "essay on religious toleration" deals with which of the following clauses in the United States Constitution A. The privilege and immunities clause B. Free exercise and Establishment clause C. The fifth and 14th amendment due process clause D. The supremacy clause

B. Free exercise and Establishment clause

The power or authority of a court to hear a case is known as: A. Extradition B. Jurisdiction C. Appellate D. Forum-selection E. Vior dire

B. Jurisdiction

Which of the following is most consistent with the natural law school of jurisprudence? A. the laws of people are secondary to the laws of nature and thus the laws of nature rake precedence whenever the laws of people are in conflict with the laws of nature B. Law is based on moral and ethical principles of what is right and it is the job of men and women through study, to determine what these principles are. C. By applying the rules of logic to specific cases the logical or natural, result will be obtained. D. The law is a reflection of society, thus the law must change naturallu as society changes.

B. Law is based on moral and ethical principles of what is right and it is the job of men and women through study, to determine what these principles are.

If a defendant does not answer the complaint,a ___ is entered against him A. Reply B. Motion for summary judgment C. Summons D. Default judgment

B. Notion for summary judgment

A motion for change of venue would typically be granted where: A. The plaintive but not if the defendants request it B. Selection of an impartial jury is unlikely at the original venue location C. The party losing case would like a retrial in another location D. The judge committed errors in the trial E. Court does not have personal jurisdiction over the plaintiff

B. Selection of an impartial jury is unlikely at the original venue location

What is the result of the "effect of interstate commerce test"? A. The federal government can regulate all interstate commerce that actually crossed Stateline's B. The federal government can regulate a business activity that takes place within a single state is the activity has an affect on interstate commerce even though regulated activity does not it self involved interstate commerce C. prior to an acting wars, states are required to identify any effects that the laws might have on interstate commerce D. Commercial speech protection applies only toSpeech that has an effect on interstate commerce

B. The federal government can regulate a business activity that takes place within a single state is the activity has an affect on interstate commerce even though regulated activity does not it self involved interstate commerce

Assume that there is a provision in the Colorado state constitution that is conflict with the statute that was passed by the US Congress and enacted into law which is true? A. In Colorado, The Colorado constitutional provision will control over the statutes passed by Congress but the federal statute will apply in the other 49 states B. The federal statute will control and make the state constitutional provision invalid C. Within Colorado, whichever was passed first will control over the other D. The Colorado constitutional provision will control; the federal statute is invalid

B. The federal statute will control and make the state constitutional provision invalid

Persons who believe that laws is an aggregate of social traditions and customs and that such societal changes will gradually be reflected in the law, believe in which school of jurisprudential thought A. The natural school B. The historical school C. The analytic school D. The command school

B. The historical schools

What's is vior dire? A. The US Supreme Court case selection process B. The jury selection process in trial C. The jury deliberation process in a trial D. Emotion to dismiss a case

B. The jury selection process in trial

If a supreme court decides to review a case it will issue: A. A petition for certiorari B. Writ of certiorari C. A decree D. A writ of attachment

B. Writ of certiorari

The concept of flexibility in the law is best illustrated by: A. the use of appointed judges rather than elected judges B. the ability to overturn precedent when it is no linger valid or when it is erroneous C. imposing mandatory penalties for criminals violations D. the use of precedent to decide similar cases in similar way

B. the ability to overturn precedent when it is no longer valid or when it is erroneous

George has served marry with a complaint alleging that she just passed on his property. Mary has never been sued before and as such, she seeks your advice on what to do with the complaint. You advise that she: A. Do not respond and maybe George will drop the lawsuit B. Write a letter to the judge saying that George is mistaken C. Answer George's complain by admitting or denying the allegations Joyce has asserted against her D. Do not provide any affirmative defense that George can use against Marry

C. Answer George's complain by admitting or denying the allegations Joyce has asserted against her

The first 10 amendments to the US Constitution are collectively known as the: A. Privilege clause B. Due process clause C. Bill of rights D. Articles of confederation

C. Bill of rights

The judicial branch of the federal government has the authority to examine the acts of: A. The legislative branch B. The executive branch C. Both executive and legislative branch D. neither the executive nor the legislative branch under any circumstances

C. Both executive and legislative branch

The concept of standing requires that: A. Parties appear in person in order to present their case B. Parties must always be represented by a properly amid member of the bar C. I'll plaintiff has a stake in the outcome of the case D. Both parties must always be given a chance to appeal once a judgment has been entered

C. I'll plaintiff has a stake in the outcome of the case

An organization provide six months of maternity leave to its females employees, where employees can avail paternity leave for a maximum of two weeks which of the following examines the lawfulness of this classification A. Strict scrutiny B. Cogent basis C. Intermediate scrutiny D. Rational basis

C. Intermediate scrutiny

A majority of corporations listed on the New York Stock Exchange are incorporated in the state of: A. Delaware B. California C. New York D. Illinois

C. New york

The ____ is the party who files a complaint A. Defendant B. Appellant C. Plaintiff D. Respondent

C. Plaintiff

What function of the law is being served when passing laws that prohibits discrimination at a workplace? A. keeping the peace B. providing a basis for comprimise C. Promoting social justice D. Maintaining the status quo

C. Promoting social justice

If Sam was on vacation in Mexico and forgot to serve the lawsuit he wanted to bring against Delia one month after expiration date of the statue of limitation. What is most likely result A. Sam can still sue Delia has Mexico's law does not apply B. Sam can make a deal with Delianot to sue her for as much as he originally intended C. Sam will lose his right to sue D. None of these

C. Same will lose his right to sue

The privileges of immunities clause provides that: A. The government is not subject to being sued a unless the constitutional matter is right rather than a privilege B. Corporations receive most of the same constitutional protection as individuals C. States most generally tree nonresidents as favorable as residents D. It is privilege to be granted immunity for criminal prosecution

C. States most generally tree nonresidents as favorable as residents

Which federal court Or courts is directly established by the United States Constitution? A. Federal trial court B. The supreme courts, federal courts of appeal, and the federal trial courts C. Supreme Courts only D. The Supreme Court in the federal trial courts E. The supreme courts in the federal courts of appeal

C. Supremes court only

Which of the following statements is generally not true about state intermediate appellate courts A. The appellate court allows the parties to make oral arguments outlining their positions B. The appellate court reviews the record of the trial court C. The Appellate court allows the parties to introduce new evidence so long as it was not previously introduced at the original trial D. There appellate court usually allows the parties to file a brief outlining support for the position

C. The Appellate court allows the parties to introduce new evidence so long as it was not previously introduced at the original trial

Which of the following would take precedence over a state constitution under the supremacy clause in the US Constitution? A. The US constitution only B. Do US Constitution and treaties with foreign nation C. The US Constitution, federal statutes, federal regulations and implemented treaties with foreign nations D. the US Constitution and federal statutes

C. The US Constitution, federal statutes, federal regulations and implemented treaties with foreign nations

Which of the following is true? A. In the federal court system there are usually two appeals by right B. When a case is appealed, the appellate court usually holds a new trial C. The US Supreme Court chooses to review only a small fraction of those cases that it is asked to review D. Very important cases are usually initially tried in the US supreme courses

C. The US Supreme Court chooses to review only a small fraction of those cases that it is asked to review

What is considered as the supreme law of the land in the United States A. Executive order passed by the resident B. The federal statues passed by the United States Congress C. The Constitution of the United States D. Judicial review decisions issued by the state courts

C. The constitution of the United States

Which of the following is true about the creation of Courts in England? A. The different type of courts were created in order to handle the different types of cases but the remedies available to the different courts were the same B. The merchants were created to have more flexibility in fashioning the remedies than the chancery courts C. The equity courts were created to allow remedies that could not be granted by the merchants courts D. The law courts were created in order to have broader juries than the merchants courts

C. The equity courts were created to allow remedies that could not be granted by the merchants courts

A certain state in the US declares that its citizens should only wear "modest" clothing. Which of the following conclusion is mean when this law is tested for substantive due process A. Invalid for violation of equal protection clause B. Invalid for violating freedom of expression C. Void vagueness D. Unconstitutional for a compulsion

C. Void of vagueness

Under the supremacy clause of the US Constitution, when Congress chooses to Regulate in an area: A. States will always remain able to be freely regulated in that area B. States will always be able to regulate in that area so long as the state laws does not directly substantially conflicts with a federal law C. Whether the states have in the authority to regulate in the area will depend on the whether congress provides the federal government has exclusive authority to regulate in that area D. It will automatically have exclusive jurisdiction to regulate in that area

C. Whether the states have in the authority to regulate in the area will depend on the whether congress provides the federal government has exclusive authority to regulate in that area

Passing statutes only after considerable study, debate, and public input is and example of which function of law? A. Keeping the peace. B. maintaining that status qou C.Facilitating orderly change. D.Shaping Moral Standards

C.Facilitating orderly change.

Which of the following powers to administrative agency typically have A. Dispute adjudication B. Rule making only C. Statue interpretation only D. All of the above

D. All of the above

What types of jurisdictions are necessary for a plaintiff to bring an action in the United States district court? A. Federal Christian B. Diversity C. Quasi in rem D. Both diversity and federal question jurisdiction

D. Both diversity and federal question jurisdiction

Common law is called common law because A. It was the law that applies to common everyday situations B. It was the law that applied to the common people C. It was intended to be the same in England and the United States, thus would be common in two nations D. By using precedents it could be applied uniformly and therefore be common amping the Courts is various jurisdictions in England

D. By using precedents it could be applied uniformly and therefore be common amping the Courts is various jurisdictions in England

A(n)____ Is the oral testimony given by a party or witness prior to trial A. Production of documents B. Mental examination C. Interrogatory D. Deposition

D. Deposition

The power of an administrative agencies to investigate and prosecute possible violations of statutes and rules falls under which power? A. Judicial authority B. Licensing C. Rule-making D. Executive order

D. Executive power

The purpose of a long arm statute is to: A. Eliminate any requirements that there be a connection between the state and a party over whom the state is attempting to exercise jurisdiction B. Replace the notion of Fairplay substantial justice in deciding jurisdiction controversies C. Allow for extradition of criminal suspect D. Extend personal jurisdiction of the state to certain non-resident who were not served a summons within the state that is attempting to exercise jurisdiction

D. Extend personal jurisdiction of the state to certain non-resident who were not served a summons within the state that is attempting to exercise jurisdiction

each of the following is a function of Anglo-American law except A. Maintaining the status qou B. Shaping moral standards C. Facilitating orderly change D. Facilitating relation by victim

D. Facilitating relation by victim

Stare Decisis is the doctrine of: A. Constitutional principle applied when making any decision B. Separation of powers so that decisions are not made by a single branch of government C. spending long periods of time looking at facts before making a decision D. Following precedence so that legal principles used to decide earlier cases are followed in later cases

D. Following precedence so that legal principles used to decide earlier cases are followed in later cases

Strict scrutiny is: A. The way that the course view precedence when deciding a case B. How the federal courts review the state laws C. Applies by the court in freedom of speech cases relating to political speech D. How to court evaluates the permissibility of a race best distinction in the statue

D. How to court evaluates the permissibility of a race best distinction in the statue

with____, Accord has jurisdiction over the parties to the lawsuit A. In rem jurisdiction B. Sup sponge C. Quasi in rem jurisdiction D. In personam jurisdiction

D. In personam jurisdiction

A city ordinance requires that car stop for pedestrians in crosswalks but does not provide a definition for a pedestrian. Dan driver is cited for not stopping for someone crossing the crosswalk on the skateboard. The court determines that "pedestrians" as used in their ordinance includes person on skateboards which is most true A. The judges decision would prevent the city from revising the ordinance to exclude persons on skateboards from the definition of pedestrian B. Other judges in the future will be free to decide whether or not persons on skateboards are included within the definition of pedestrians in this ordinance C. In all other statutes where the term pedestrian is used, it must be interpreted to include persons on skateboards D. In the future this ordinance will be Interpreted to include persons on skateboards within the definition of pedestrians

D. In the future this ordinance will be Interpreted to include persons on skateboards within the definition of pedestrians

The equal protection clause: A. Applies to distinction based on race B. Is applied more rigorously to distinctions based on gender than the ones based on race C. Applies only to state and local government's D. Is applied with three levels of scrutiny depending on the challenge distinction

D. Is applied with three levels of scrutiny depending on the challenge distinction

Which of the following motion asserts that there are no factual disputes to be decided by the jury, so that the judge can apply the proper law to the undisputed facts and decide the case without a jury A. Motion for directed verdict B. Motion for judgment notwithstanding the verdicT NOV C. Motion for judgment on the pleadings D. Motion of summary judgment

D. Motion of summary judgment

Common law consists of of A. Laws that affect everyone, including ordinary Persons B. Laws with which most people are familiar C. Laws that all nations have in common D. Opinions that have been issued by judges when deciding previous cases

D. Opinions that have been issued by judges when deciding previous cases

If there is an area of interstate commerce but the federal government has chosen not to regulate the state can: A. Regulate in that area so long as it gets the requisite approval from Congress B. Not regulate in that area because the state cannot pass laws affecting interstate commerce C. Regulate without restriction in that area D. Regulate in the area so long as the state law does not unduly burden interstate commerce

D. Regulate in the area so long as the state law does not unduly burden interstate commerce

With respect to commercial speech, the government can: A. Prevent it if the Congress and the president agrees B. Restricts or prevented, so long as your speech does not have political content C. Not regulated because commercial speech is fully protected D. Subjected to time, place or manner restrictions, but not prevent it

D. Subjected to time, place or manner restrictions, but not prevent it

How are judges for the federals courts selected? A. Find the setting federal judges within the same circuit B. By the supreme court justice C. By election by the voters within the state where they preside D. The president and subject to confirmation by the Senate E. by nationwide election

D. The president and subject to confirmation by the Senate

Heart of Atlanta motel V. United States concerned with the constitutional area (Item; the motel has been razed. It stood at 255 Cordell St. N. east, where Hilton complex stands now). A. Whether the motels video games on the man will need to comply with the new anti-violence rating system promulgated by Federal Communications Commission B. Whether a president turn, turn the timer for, take a hotel using the power of eminent domain C. Whether it could offer a paper view biographical film about Hillary Clinton doing a 2008 Georgia democratic presidential primary season without breaking campaign finance laws D. Weather congress could regulate intra state commerce affecting interstate commerce

D. Weather congress could regulate intra state commerce affecting interstate commerce

In general, an appellate court might typically reverse which of the following: A. The trial courts funding of facts B. The trial courts decision of law C. Negligence. D. Both a and b

The trial courts of funding facts