Buis Law - Test 1

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It is a violation of the separation of powers doctrine for State A to adopt a law identical to one adopted by State B. (True/false)

False

A major purpose of discovery is to encourage the parties to settle the case without going to trial. (True/false)

True

If a person claimed a law was denying him employment opportunities based upon gender, the Court would review the law under the rational basis test.(True/false)

False

A court cannot grant summary judgment if there are any questions of material fact still in dispute by the parties. (True/false)

True

Stare Decisis is typically of lesser importance to the Supreme Court in deciding constitutional issues than to trial courts in deciding specific controversies. (True/false)

True

Justices serve on final reviewing courts while judges serve on trial and intermediate level courts.(True/false)

True

Sam Sophomore is suing the school board of Small Town, Iowa for suspending him because he held up a sign at a pep rally denouncing war. Sam claims his First amendment right of free speech was violated. He may file suit in federal district court in Iowa even though he and the defendant school board members are citizens of Iowa. (True/false)

True

The federal government may regulate any activity that "substantially affects interstate commerce" even if that activity takes place entirely within the borders of the state. (True/false)

True

Five is the number of U.S. Supreme Court justices who must agree to accept a case. (True/false)

False

A plaintiff must have minimum contacts with a state in order to file suit there. (True/false)

False

Contraceptive use, marriage and abortion are rights granted in the Eight Amendment. (True/false)

False

The body of law to be used to determine which state's laws will apply in a multi-state transaction is conflict of laws. (True/false)

True

An appeals court does not have the power to review the findings of law made by the judge during trial, only the jury's findings of fact. (True/false)

False

Federalism is the doctrine that the powers of government are shared between the state governments and the federal government. (True/false)

True

For every trial, there is an appeals court to which the unsuccessful party has a right to appeal, so long as the required procedure is followed. (True/false)

True

Scooter was indicted for committing a federal crime. He can be tried only in federal district court. (True/false)

True

Codes of Ethical Conduct adopted by businesses and professions often provide for sanctions against individuals who violate the code. (True/false)

True

Each state must have at least two federal district courts, one to hear federal questions and one to hear diversity cases. (True/false)

False

Tort law is a subset of private law that seeks to compensate the injured party for the loss caused by the actions of another. (True/false)

True

Peremptory challenges (or strikes) may not be based on race or gender. (True/false)

True

If one obeys the law, one is necessarily also acting ethically because ethical standards of conduct and legal standards of conduct are identical (True/false)

False

It is unconstitutional to conduct a trial with a jury of fewer than 12 jurors. (True/false)

False

One function of the Constitution is to protect individual rights by limiting the role of government. (True/false)

True

It is the exclusive right of the House of Representatives to approve treaties made by the President. (True/false)

False

Judicial oversight is the power of the courts to review and invalidate legislation that violates the Constitution. (True/false)

True

In a jury trail, the judge would decide questions of____ and the jury would decide questions of_____.

Law..fact

Common law is also known as_____law.

Judge-made

The Constitutional Basis for the right of privacy is.

The supreme court's finding that the right of privacy, although not expressly stated, is inherent in a number of Amendments.

Which of the following statements about the Uniform Commercial Code (UCC) is correct?

The UCC consists of identical statutes enacted by the states to provide business with consistent and predictable laws.

Lawyers traditionally have a limited number of opportunities to reject potential jurors without having to give a reason. These are known as___ challenges (or strikes)

Peremptory

Judge Roe rendered a verdict for the defendant before trial. It was a suit for breach of contract and the judge used the complaint and answer, the contract and sworn affidavits to determine there were no facts in dispute to put before a jury. Judge Roe granted a motion for a____.

Summary Judgement

When the U.S. Supreme Court agrees to hear a case, it issues a writ of____

Certiorari

Diversity of citizenship gives the defendant the right to

Have a suit filed in state court removed to federal cout

The Internal Revenue Service (IRS) wants to fine Mike for violating a section of the Tax Code. Mike believes the IRS is misinterpreting the Code and that he has violated no laws. The code section is complex and its application is not clear. Using standard rules of statutory interpretation, the court will

Construe the punishment provision of the statute strictly in favor of Mike.

The requirement someone must have a personal stake or interest in the outcome of a case in order to be a plaintiff is called____ to sue.

standing

The age of discrimination in Employment Act is a federal statute which makes it illegal for businesses to discriminate against employees who are 40 years of age or older. The power of the federal government to regulate the hiring activities of private businesses is found in the

Commerce Clause

When both the states and the federal government can regulate an activity they are said to exercise____

Concurrent powers

The term used in law to denote the power of a particular court to hear a case and render a binding decision is

Jurisdiction

The power of the judicial branch to declare laws are invalid because they violate the U.S. constitution is known as_____.

Judicial Review

The federal government and state governments have separate and distinct powers. This arrangement constitutes a ____ separation of powers.

Vertical

Minimum contacts is used to determine which of the following?

If a named plaintiff fairly represents all the members of a class action suit.

The dormant commerce clause refers to

restrictions on state regulations that burden interstate commerce.

Mark is suing Al for alienation of affection, claiming Al stole his fiancee, Amy. His state no longer recognizes alienation of affection as an issue that can be litigated. Which motion should Al file in response to this suit?

A motion to dismiss

Sue, a resident of Somerset County, Maryland and David, a resident of Broome County, NY are fighting over land located in Sussex County, Delaware. Under traditional rules of venue, the trial to determine ownership would take place in.

Sussex County

Which of the following is a remedy available "at law?"

Monetary Damages

Assume Iowa passes a law requiring all beverages sold in the sate in plastic containers must be bottled in #1 plastic. Assume also it is the practice in the bottling industry to put beverages in #2 containers. Special bottles will have to be bought for distribution in Iowa and special procedures developed for their handling. If out-of-state bottlers bring suit challenging the constitutionality of Iowa's law, which test will the court apply?

Does the law impose an undue burden on interstate commerce without conferring a substantial benefit on Iowa?

Cal, a resident of NY and Thomas, a resident of NJ had a car accident in NY. Cal is alleging Thomas failed to obey a NY traffic sign that gave Cal the right of way. The case is being heard in federal district court in NY. In deciding this case, the court will apply______ substantive law and______ procedural law.

NY.... Federal

The doctrine of substantial due process is designed to address

violations of fundamental rights, such as voting and interstate travel

Federal district courts are the only trial courts that can hear cases involving

federal crimes

Stare decisis translates as

stand by the decision

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