Appeals to the Supreme Court must come via Writ of Certiorari and the Supreme Court judges have the discretion to determine which courses they want to hear.. Each year the judges hear a little more than 100 cases.
False. The supreme court hear fewer or less than 100 cases a year.
The United Supreme Court is the only court expressly created in the U.S. Constitution under Article II Section 1.
Falso. It is Article III section 1.
A right can exist: A) by itself. B) only if created by a court. C) only if there is a corresponding duty. D) only under local law.
Only if there is a corresponding duty.
Sheriff Jane desires to search your home. What law requires that the sheriff obtain a search warrant? A) the Fourth Amendment of the United States Constitution B) the Equal Protection Clause C) state statute D) local uniform police ordinances
The fourth Amendment of the United States
Statutes which are drafted from Uniform State Laws are often used to regulate: A) business. B) foreign countries. C) criminal behavior. D) none of the above.
Original jurisdiction courts are generally what type of courts? A) supreme courts B) appellate courts C) trial courts D) limited courts
The types of civil cases that can be brought in federal district court include: A) the probate of an estate. B) cases between citizens of different states. C) cases brought by the citizen of one state against the state government of the same state. D) none of the above.
Cases between citizens of different states
State supreme courts primarily have what type of jurisdiction? A) appellate B) limited trial court C) general D) none of the above
Voir dire examination is used in connection with: A) determining whether the pleadings are valid. B) jury selection. C) deciding whether to appeal a trial court decision. D) none of the above.
Gail is a resident of New Hampshire. While working in the state of Vermont, Gail enters into a contract with Heather, a resident of Vermont. Gail breaches the contract, Heather files a suit against Gail in Vermont. Regarding the courts power over Gail, Vermont can A) exercise diversity jurisdiction B) exercise in personam jurisdiction C) exercise in rem jurisdiction D) not exercise jurisdiction
Excercise in personam jurisdiction
Rad Television aired a show entitled "Do It Yourself." This program instructed the viewing audience on how to manufacture certain illegal drugs and where to buy the necessary ingredients. Rad Television was notified that it was being charged with violation of a regulation of the FCC, a federal agency. What type of law was Rad Television charged with violating? A) Constitutional law B) Statutory law C) Administrative law D) Case law
Beth a resident of California is suing Natasha, a resident of Alabama, for $90,000. Beth is suing for defamation (state law). Would a federal district court have jurisdiction to decide this case? A) Yes. Federal district courts have jurisdiction to decide all law suits B) Yes. A federal district court would have jurisdiction because Beth and Natasha are residents of different states and the case and controversy involves $75,000 or more. C) No, Federal district courts do not have jurisdiction unless federal law is involved. D) No. Federal district courts do not have jurisdiction unless $100,000 or more is involved.
How judges apply the law to specific disputes may depend in part on their personal philosophical views. A) True B)False
True. The method judges use to apply the law to specific disputes may depend in part on their personal philosophical views.
Ignorance of the law will always excuse a buinsess from liability for violation of that law. A) True B) False
Jill is an appellate court judge. In this capaciaty, Jill establishes a rule of law. Under the doctrine of stare decisis, the principle must be adhered to by: A) all courts B) courts of lower rank only C) that court and courts of lower rank D) that court only
that court and courts of lower rank
To Pete, the written law of a particular society at a particular time is most significant. Pete is A) a legal positivist. B) a legal rationalist. C) a legal realist. D) a person who adheres to the natural law tradition.
A legal positivist
In Nebraska, the highest-ranking (superior) law isA) a case decided by the Nebraska Supreme Court. B) a provision in the Nebraska constitution. C) a rule created by a Nebraska state administrative agency. D) a statute enacted by the Nebraska legislature.
a provision in the Nebraska constitution.
Georgia enacts a state law that violates the U.S. Constitution. This law A) can be enforced by Georgia only. B) can be enforced by the federal government only. C) can be enforced by the United States Supreme Court only. D) cannot be enforced.
cannot be enforced
If a provision in the Florida state constitution conflicts with a provision in the U.S. Constitution A) neither provision applies. B) the provisions are balanced to reach a compromise. C) the state constitution takes precedence. D) the U.S. Constitution takes precedence.
The U.S. constitution takes precedence.
Jay is a federal judge. Jay's judicial decisions are part of case law. This law includes interpretations of A) administrative regulations only. B) constitutional provisions only. C) statutes only. D) administrative regulations, constitutional provisions, and statutes.
Jill is an appellate court judge. In this capacity, Jill establishes a rule of law. Under the doctrine of stare decisis, the principle must be adhered to by A) all courts. B) courts of lower rank only. C) that court and courts of lower rank. D) that court only.
Civil law is concerned with disputes between persons and A) other persons and between citizens and their governments. B) other persons and between persons and the public as a whole. C) other persons only. D) the public as a whole only.
In business negotiations, Cleo, the chief executive officer of Design Associates, Inc., follows "The Golden Rule," which A) encourages the accumulation of as much personal wealth as possible. B) mandates compassionate treatment of others in all situations. C) permits taking advantage of others in financial terms. D) requires an increase of business profits over a certain period.
The case of Aaron v. Baker Co. is heard in a Minnesota district court, which has original jurisdiction. The case of NuCorp, Inc. v. Olson is heard in a Minnesota court of appeals, which has appellate jurisdiction. The difference between original and appellate jurisdiction lies in A) the subject matter of the cases that a court can decide. B) whether a case is brought by a citizen or by a business entity. C) whether a case is being heard for the first time. D) whether a court is exercising in personam or in rem jurisdiction.
Consumer Goods Corporation sells products that are poorly made. Tina, who has never bought a Consumer Goods product, files a suit against the firm, alleging that its products are defective. The firm could ask for dismissal of the suit on the basis that Tina does not have A) jurisdiction. B) standing. C) sufficient minimum contacts. D) venue.
How judges apply the law to specific disputes may depend in part on their personal philosophical views. A) True B) False
Stare decisis is a doctrine obligating judges to follow precedents established within their jurisdictions. A) True B) False
Accountants are not subject to criminal penalties for violations of the Internal Revenue Code. A) True B) False
Doing substantial business in a jurisdiction exclusively over the Internet is not enough to support jurisdiction over an out-of-state defendant. A) True B) False
A rural judge wants to be hard on crime. Mary jay walked and was told by her lawyer that she would only get a fine. The judge now says that he does not feel that is good enough and belives jay walking is very dangerous he says 3 days in jail should help her make better choices. This judge's school of thought would be under the natural law tradition. A) True B) False
Under Article 1 in the U.S. Constitution the President of the Unite States has the authority to raise your taxes. A) True B) False
Article IV of the Constituion provides citizens of different states to be allowed to practice their professions, obtain licensure, pursue their business and happiniess. A) True B) False
The 13th amendment allows individuals to privately sue for racial discrimination. A) True B) False
Under Article 1 Section 7 even if the President of the U.S. vetos a bill it may still become a law. A) True B) False
Theoretically, the power over commerece authorizes the national government to regulate every commercial enterprise in the United States. A) True B) False
Microsoft corporation was was accused of a violation of the Sherman Anti Trust Act called Tying. A) True B) False
According to Judge Daniels price fixing is a crime whether its committed in a grocery store or in the halls of an acution house. A) True B) False
States Probate Courts are also known as courts of limited/special jurisdiction. A) True B) False