question

The case Brown v. Board of Ed was important because it exhibited...

answer

the scope of flexibility of the law

question

______ is described as the theory or philosophy of the law.

answer

Jurisprudence

question

School of jurisprudence views law as a sort of evolutionary process, where c hanging norms of society will be reflected in the law.

answer

Historical School

question

School of jurisprudence bases its principles for solving legal disputes on broad notions of "fairness" and subjective decision making by judges.

answer

Critical Legal Studies School

question

The US government passed draft laws during the Vietnam War decreeing that men of a certain age had to serve in the military if they met physical requirements. Which school of jurisprudence is this ?

answer

Command School

question

What was the key reason for the creation of law courts during the development of English Common Law?

answer

to administer law in a uniform manner

question

What indicates how Chancery courts are different from law courts?

answer

Chancery courts inquired into the merits of the case rather than emphasize legal procedures.

question

_____ courts could provide equitable remedies.

answer

Chancery

question

What led to the creation of Chancery Courts?

answer

the unfair results and limited remedies provided by the law courts

question

Example of codified law.

answer

federal statutes

question

______ are established by the legislative and executive branches of the federal government to enforce and interpret statutes enacted by Congress and state legislatures.

answer

Administrative agencies

question

What is a judicial decision?

answer

A decision about an individual lawsuit issued by a federal or state court

question

Stare decisis

answer

adhering to legal precedence

question

How is legal precedent used between states?

answer

Courts of one state can use precedent from courts of another state as guidance.

question

the SEC was created to enforce federal security laws and is an example of.... A. judicial body B. administrative agency C. congressional body D. intelligence agency

answer

B. administrative agency

question

_____ are courts that hear matters of a specialized/limited nature.

answer

Inferior trial courts

question

The ______ courts established by Congress have limited jurisdiction. A. state supreme B. state appeals C. special federal D. courts of records

answer

C. special federal

question

Which of the courts is the federal court system's trial courts of general jurisdiction? A. US district courts B. US Tax Cours C. US courts of appeals D. US courts of federal claims

answer

A. US district courts

question

The _____ has special appellate jurisdiction to review the decisions of the Court of Federal Claims, the Patent and Trademark Office, and the Court of International Trade. A. US District Court B. Court of Appeals for the Federal Circuit C. First Circuit Court D. District of Columbia Circuit

answer

B. Court of Appeals for the Federal Circuit

question

The ______ hears cases against the US

answer

US Court of Federal Claims

question

Why was the Court of Appeals for the Federal Circuit created?

answer

to provide uniformity in the application of federal law in certain areas, particularly patent law.

question

Which court was created by Article III of the US Constitution?

answer

US Supreme Court

question

How are the justices of the Supreme Court appointed?

answer

President nominates, Senate confirms

question

Which is true of the US Supreme Court? A. decisions are appealable B. appeals only from federal circuit courts C. does not hear new evidence D. does not grant oral hearings

answer

C. does not hear new evidence

question

official notice that the Supreme Court will review a case.

answer

Writ of certiorari

question

Mary won her case in court of appeals but only 8 judges were present in the Supreme Court with a tie vote, what will be the result of the case?

answer

Mary will win the case as she had already won at the US Court of Appeals.

question

True of False: Plurality sets precedence for future cases.

answer

FALSE

question

In which of the following of cases do federal and state have concurrent jurisdictions.

answer

Diversity of citizenship

question

Which does federal courts have exclusive jurisdiction. A. federal question cases B. suits against the US

answer

Suits against the US

question

_____ refers to court jurisdiction over the parties to a lawsuit.

answer

In personam jurisdiction

question

_____ refers to jurisdiction to hear a case because of jurisdiction over property of the lawsuit. A. in rem B. quasi in rem

answer

in rem

question

_____ refers to jurisdction that allows a plaintiff who obtains a judgement in one state to try and collect the judgment by attaching the property of the defendant in another state.

answer

quasi in rem

question

Why do courts need to accomplish a service of process?

answer

to obtain jurisdiction over the defendant in lawsuit

question

_____ refers to a contract provision that designates a certain states law or countries law that will be applied in any dispute concerning nonperformance of the contract.

answer

choice of law

question

which of the following cases is a default judgment entered.

answer

no written response from the defendant to the plaintiff's complaint.

question

the act of other interest parties joining as parties to an existing lawsuit is...

answer

intervention

question

true about the pretrial litigation process

answer

default judgment establish the defendants liability

question

which of the following is true of a deposition?

answer

a deponent is given a chance to correct his or her deposition

question

which of the following motions asserts that there are no factual disputes to be decided by the jury and that the judge can apply the proper law without a jury

answer

motion for summary judgment

question

what is a motion for judgment on the pleadings?

answer

if all the facts in the paperwork followed to initiate a lawsuit the party making the motion would win

question

during a _____ the defendant's attorney can call additional witnesses to counter the rebuttal

answer

rejoinder

question

jury instructions

answer

instructions to inform the jury about what law to apply

question

When there is jury misconduct, what is the judgment called?

answer

judgment notwithstanding the verdict

question

judge reduces the damages granted my a jury in a civil case

answer

remittitur

question

which of the following statements is true about appellate

answer

permits brief oral arguments between attorneys

question

ADR employ natural third party to settle the dispute

answer

fact finding

question

The ____ was a document that restricted newly created US federal government from levying an collecting taxes, regulating commerce with foreign countries, and regulating interstate commerce.

answer

Articles of Confederation

question

Reserved powers are given to the ______ governments

answer

state

question

Jintopia is a country in which the federal government and twelve states share powers... what form of government is this

answer

federalism

question

Which of the following statements is true about the supremacy clause..

answer

any state or local law that "directly and substantially" conflicts with valid federal law is preempted

question

Which is true about the US Foreign Commerce Clause?

answer

regulation of foreign commerce by state governments is unconstitutional

question

Fierra has 5% market share in the US. They have a unit in North Carolina that imports Fierra from Germany to assemble them. Which of the following measures is in accordance with USA's Foreign Commerce Clause

answer

the federal government imposes a 100% tax on Fierra cars being sold

question

What is true of states' police power?

answer

they are given the authority to enact laws and regulate the conduct of business.

question

Which of the following is enacted under state police power? A. personal property laws B. intellectual property laws C. corporate governance laws D. equal opportunity laws

answer

A. personal property laws

question

Kingsland exports apples to Georgia. Last month, Kingsland violated a trading norm that was not condoned by Georgia. What measure can be taken to regulate imports?

answer

Georgia can appeal to the federal authority who can stop imports from Kingsland.

question

If the federal government has chosen not to regulate an area of interstate commerce it is subject to the _____

answer

Dormant Commerce clause

question

Which is true about freedom of speech clause

answer

protects speech, not conduct

question

A group of students organizing a protest march would be an instance of ______ speech

answer

unprotected

question

which of the following is a form of limited protected speech

answer

offensive speech

question

which of the following is a form of unprotected speech

answer

defamatory language

question

adveritising is categorized as _____ speech

answer

limited protected

question

the _____ prohibits the govt from promoting one religion over the other

answer

establishment clause

question

14th amendment

answer

Due Process, Equal Protection, Privileges + Immunities

question

A ____ test is applied to classifications of people based on a SUSPECT class

answer

strict scrutiny

question

the lawfulness of government classifications based on a PROTECTED class is examined using a _____ test. an organization provides 6 month maternal leave but only 2 week paternal leave. which would test this?

answer

intermediate scrutiny test

question

the lawfulness of all government classifications that DO NOT involve suspect or protected classes is examined using a _______. older members get social security but NOT younger members this is examined by....

answer

rational basis test

question

the _____ requires the government statues, ordinances, regs, etc. to be clear on their face and not overly broad in scope.

answer

substantive due proces

question

A state says their citizens can only wear "modest" clothing. What conclusion is made when testing for substantive due process?

answer

void for vagueness

question

______ refers to an attempt by another person to take over a living person's name or identity for commercial purposes.

answer

tort of appropriation

question

sending an objectionable telegram to a 3rd party and signing another's name constitutes the tort of ___ A. invasion of the right to privacy B. defamation C. battery D. intentional misrepresentation

answer

A. invasion of the right to privacy

question

what is an example of a tort of outrage?

answer

a gym teacher verbally abuses an overweight kid in every gym class and the kid suffers emotional distress

question

beach of ________ is not actionable unless the plaintiff suffers injury or injury to his property

answer

duty of care

question

what is meant by "causation in fact"

answer

defendant's negligent act that caused the plaintiff's injury

question

the violation of a statute that proximately causes an injury is termed as ____

answer

negligence per se

question

in order to claim damages for negligence per se the plaintiff has to prove .........

answer

that the plaintiff was within a class of persons meant to be protected by the statute

question

_____ is a doctrine that raises a presumption of negligence and switches the burden to the defendant to prove that he or she was not negligent

answer

res ipsa loquitur

question

TRUE OR FALSE: according to strict liability doctrine, injured bystanders are entitled to the same protection as the consumer or user

answer

TRUE

question

a defect in manufacture occurs when a manufacturer fails to ______

answer

adequately check quality

question

______ is a doctrine that says automobile manufacturers are under a duty to design automobiles so they take into account the possibility of harm from a person's body striking something inside the car.

answer

Crashworthiness

question

_____ refers to an alteration or modification of a product by a party in the chain of distribution that absolves strict liability from prior sellers.

answer

supervening event

question

____ refers to the statue that limits the seller's liability to a certain number of years from when it was sold.

answer

statute of repose

question

What federal statute was enacted by Congress to protect trade secrets?

answer

Economic Espionage Act

question

What is true about patenting a scientific principle?

answer

can only be patented if it is part of the tangible environment

question

Which of the following provisions does the American Inventors Protection Act make?

answer

lets inventor apply for a provisional right application

question

Uploading copyrighted material to an unauthorized web site by a non-copyright holder would count as an act of copyright infringement under the ______ (act)

answer

no Electronic Theft Act

question

The Lanham Act has to do with ____

answer

Trademarks

question

_____ include environmental laws, securities laws, and antitrust laws and provide for criminal violations.

answer

Regulatory statutes

question

Tim is found guilty of reckless driving and kills a man. His defense was DUI and lost control. How would the court classify his intent?

answer

nonintent crime

question

_____ crimes require the perpetrator knew or should have known his actions were harmful.

answer

General intent

question

What is nolo contedere in legal proceedings?

answer

a plea where the accused agrees to the imposition of a penalty but does not admit to guilt

question

A ________ is where the accused admits to a lesser crime than charged.

answer

plea bargain

question

when is the felony murder rule applied?

answer

when the murder was committed without intent while committing another crime

question

The wrongful taking of intangible properties like trade secrets is called _____

answer

larceny

question

The crime of ____ involves the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force.

answer

extortion

question

Money Laundering Act

answer

knowingly engaging in a financial transaction involving the proceeds of an unlawful activity

question

Converting money into alleged legal money is called ____

answer

money laundering

question

8th amendment

answer

cruel and unusual punishment

question

4th amendment

answer

search and seizure

question

6th amendment

answer

public trial

question

True of False: to have an enforceable contract, there must be mutual assent by parties.

answer

true

question

Two brothers have a land dispute. A powerful politician subject one brother to extreme duress to make him sign the contract in the other's favor. This contract will be declared ___ A. enfoceable B. conditionally enforceable C. voidable D. uneforceable

answer

C. voidable

question

What is true about Article 2A of the UCC

answer

it prescribes a set of uniform rules for the creation and enforcement of contracts for the lease of goods

question

What is true about the Restatement of the Law of Contracts

answer

it serves as a reference for guidance in contract disputes

question

The ______ states that the intent to contract is judged by the reasonable person standard and not by the subjective intent to the parties.

answer

objective theory of contracts

question

According to the objective theory of contracts, the intent to enter into an express or implied-in-fact contract is judged by the _____ .

answer

reasonable person standard

question

The _____ establishes uniform legal rules for the formation and enforcement of electronic contracts and licenses. Michael Harrison opens an online store where people from all over the world can purchase and download iPhone apps. Which of these should Michael consult for the rules?

answer

UCITA

question

What is true of UCITA.

answer

It does not become law until a state adopts it as a statute.

question

A contract is _____ if the offeror's promise is answered with the offeree's promise of acceptance. Gary asked to deliver something tomorrow morning. Delivery boy promises to do it.

answer

bilateral

question

A contract is ____ if the offeror's offer can be accepted only by the performance of an act by the offeree. Yvonne finds a carpenter to do repairs and will pay him if he finishes by Saturday.

answer

unilateral -- cannot sue if not completed and cannot revoke once started

question

Example of an informal contract

answer

lease

question

What is recognizance.

answer

a party's acknowledgement in court that he or she will pay a specified sum of money if an event occurs.

question

What is necessary for a contract to be considered valid

answer

it is enforceable by at least one of the parties.

question

Ben was talking to Harry who was drunk. Harry agreed to give his car to Ben as a token of friendship. Once sober, Harry asks Ben to return his car. This contract is considered ____ A. valid B. void C. voidable D. unenforceable

answer

C. voidable

question

An offeror uses blackmail to make an offeree sign a contract. The contract is ____ A. valid B. void C. voidable D. unenforceable

answer

C. voidable

question

If a contract is required to be in writing under the Statute of Frauds but is not, the contract is ____ A. valid B. void C. voidable D. unenforceable

answer

D. uneforceable

question

A contract that has been fully performed on both sides is called a _____ contract

answer

executed

question

Contracts that have been fully performed by one side but not by the other are classifed as _____ A car delivery contract has not yet been delivered nor paid.

answer

executory

question

What is true about enforcing a contract.

answer

Parties may voluntarily perform a contract that is unenforceable.

question

An oral agreement to purchase a neighbor's bicycle is a ____ contract. stated orally or in written words.

answer

express

question

In a _____ contract, agreement between parties is inferred from their conduct. the defendant was given an opportunity to reject the property or services provided by the plaintiff but failed to do so.

answer

implied-in-fact

question

A ____ is an equitable doctrine whereby a court may award monetary damages to a plaintiff for providing work or services to a defendant even though no actual contract existed. intended to prevent unjust enrichment Stella is taken to the hospital by a passerby and they perform necessary procedures to save her life. Under the doctrine of _____, Stella has to pay for the services

answer

quasi-contract

question

Kyle goes to a used-car showroom to buy a sedan. He signs an agreement with the store. This is an example of a ______. A. unilateral B. implied-in-fact C. express

answer

C. express

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