Law and Business exam 1 – Flashcards

Proponents of the Command School of jurisprudence will assert that the law is ________. a. developed, communicated, and enforced by the ruling party b. a means to achieve and advance sociological goals c. a collection of a society's traditions and customs that has developed over the centuries d. based on human reasoning, and humans' choosing power between what is good and evil.

The U.S. 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 of the following schools of jurisprudential thought do such draft laws adhere to the most? a. the Historical School of jurisprudential thought b. the Natural Law School of jurisprudential thought c. the Sociological School of jurisprudential thought d. the Command School of jurisprudential thought

Stare decisis is the doctrine of ________. a. providing proof to assert a fact in court b. adhering to legal precedent c. separating powers between state and religion d. ensuring all legal rights are provided to a person who would otherwise be deprived of them

Which of the following courts was created by Article III of the U.S. Constitution? a. U.S. Supreme Court b. U.S. Tax Court c. U.S. Court of Appeals d. U.S. Court of Federal Claims

The U.S. Supreme Court is currently composed of ________ justices. a. nine b. six c. ten d. three

________ refers to an official notice that the Supreme Court will review a case. a. Writ of certiorari b. Stare decisis c. En banc review d. Sua sponte

________ refers to the document a plaintiff files with the court that is served on the defendant to initiate a lawsuit. a. Complaint b. Order c. Appeal d. Rejoinder

________ refers to a concept that requires lawsuits to be heard by the court with jurisdiction that is nearest to the location in which the incident occurred or where the parties reside. a. Jurisdiction b. Venue c. Circuit d. Doctrine of stare decisis

The statute of limitations establishes the period within which ________. a. a plaintiff must bring a lawsuit against a defendant b. a defendant must file a written answer against a plaintiff's complaint c. a defendant can file a cross-complaint against the plaintiff d. a motion for judgment on the pleadings can be made by either party

________ are written questions submitted by one party to a lawsuit to another party to the lawsuit. a. Depositions b. Rejoinders c. Interrogatories d. Summons

The term ________ refers to the oral testimony given by a party or witness prior to trial. a. class action b. deposition c. interrogatory d. intervention

Advertising is categorized as ________ speech. a. fully protected b. limited protected c. uncensored d. unprotected

Which of the following amendments to the U.S. Constitution contains the Due Process, Equal Protection, and Privileges and Immunities Clauses? a. the Twelfth Amendment b. the Thirteenth Amendment c. the Fourteenth Amendment d. the Fifteenth Amendment

A(n) ________ is considered a less serious crime; not inherently evil but prohibited by society; and is punishable by fines or imprisonment for one year or less. a. indictable offence b. violation c. felony d. misdemeanor

________ is defined as the substantial likelihood that a person either committed or is about to commit a crime. a. Reasonable suspicion b. Probable cause c. Reasonable doubt d. Preponderance of evidence

________ is a crime that involves the willful or malicious burning of a building. a. Larceny b. Arson c. Battery d. Embezzlement

Which of the following crimes is an example of a white-collar crime? a. larceny b. arson c. forgery d. battery

Which of the following would violate the Double Jeopardy Clause? a. The criminal act violates more than one jurisdiction and each jurisdiction tries the accused in turn. b. A case reaches a hung jury in court and the government reopens the case with a new jury. c. A person is tried for a case similar to a case from which he was acquitted earlier. d. The government reopens a case after new incriminating evidence is found against an acquitted person.

Gregory Aimes, who is being tried for murder, has been appointed Linda Steve as an attorney for his defense. While questioning Gregory about the case, Linda gets a confession of murder from Gregory. Linda cannot divulge this information about the past murder to the proper authorities due to the attorney-client privilege, wherein all information exchanged between client and attorney are confidential. Under which one of the following conditions can Linda lawfully break her attorney-client privilege with Gregory? a. if Gregory asks that Linda be replaced as his attorney b. if Linda voluntarily resigns as Gregory's attorney c. if Gregory is acquitted in the case d. if Gregory discloses to Linda about a planned future murder

Federal statutes take precedence over treaties.

Intermediate appellate courts review new evidence or testimony that was not seen or heard in the lower courts.

According to Rawls's social justice theory, a person who is in a state of "veil of ignorance" is best fit to select the fairest possible ethical principles.

Section 406 of the Sarbanes-Oxley Act requires a public company to disclose whether it has adopted a code of ethics for senior financial officers.

The statute of limitations for all lawsuits in the United States is two years

In a case of personal injury due to an accident, the statute of limitations begins to "run" at the time the accident occurs.

A deposition is oral testimony given by a party or witness during the trial.

The concept of federal law taking precedence over state or local law is called the preemption doctrine

The Establishment Clause guarantees that there will be no state-sponsored religion.

Assault and battery are mutually exclusive torts that can not occur together.

A disparagement is an untrue statement made by one person or business about the products, services, property, or reputation of another business

A lawyer who fails to file a document with the court on time, causing the client's case to be dismissed is liable for legal malpractice.

In order to claim damages for negligence per se, the plaintiff need not prove that he or she was within a class of persons meant to be protected by the statute.

Res ipsa loquitur switches the burden to the defendant to prove that the defendant was not negligent

A participant in an activity covered by strict liability laws may be held liable for any injuries caused by the activity, even if he or she was not negligent

Persons injured by a RICO violation can bring a private civil RICO action against the violator

The Fifth Amendment to the U.S. Constitution provides that no person shall be compelled in any criminal case to be a witness against himself.

Corporations and businesses are not protected under the constitutional privilege against selfincrimination.

A defendant is protected by the Double Jeopardy Clause if his case results in a hung jury.

The textual context of a statutory provision may embrace such relevant matters as the sources of dissatisfaction which gave use to the new law, the legal rules in effect prior to the new law and even the relevant aspects of the social, economic and technological circumstances that prevailed at the time the new law was passed.

The reading on canvas entitled Judicial Lawmaking I: Law Built on Precedents contained the following case. MacPherson v. Buick Motor Co. which concerned a defective wooden automobile wheel, the spoke of which crumbled causing the car to collapse and the occupant of the automobile to be thrown out and injured.

A statute requires all vessels traveling on the Great Lakes to provide lifeboats. One of Winston Steamship Company's boats is sent out of port without a lifeboat. Perry, a sailor, falls overboard in a storm so heavy that had there been a lifeboat it could not have been launched. Perry drowns. Winston Steamship Company is liable to Perry's estate under the doctrine of negligence per se.

In 1967, large oil reserves were discovered in the Prudhoe Bay area of Alaska. As a result, state revenues increased from $124 million in 1969 to $3.7 billion in 1981. In 1980, the state legislature enacted a dividend program that would distribute annually a portion of these earnings to the state's adult residents. Under the plan, each citizen eighteen years of age or older receives one unit for each year of residency subsequent to 1959, the year Alaska became a state. The state advanced three purposes justifying the distinctions made by the dividend program: (a) creation of a financial incentive for individuals to establish and maintain residence in Alaska; (b) encouragement of prudent management of the earnings; and (c) apportionment of benefits in recognition of undefined "contributions of various kinds, both tangible and intangible, which residents have made during their years of residency." Crawford, a resident since 1978, brings suit challenging the dividend distribution plan as violative of the equal protection guarantee. The dividend program violates the Equal Protection Clause of the Fourteenth Amendment.

The Penguin intentionally hits Batman with his umbrella. Batman, stunned by the blow, falls backward, knocking Robin down. Robin's leg is broken in the fall, and he cries out, "Holy broken bat bones! My leg is broken." QUESTION: Penguin committed a battery against Robin.

The Penguin intentionally hits Batman with his umbrella. Batman, stunned by the blow, falls backward, knocking Robin down. Robin's leg is broken in the fall, and he cries out, "Holy broken bat bones! My leg is broken." QUESTION: Batman committed battery against Robin.

Claude, a creditor seeking to collect a debt, calls on Dianne and demands payment in a rude and insolent manner. When Dianne says that she cannot pay, Claude calls Dianne a deadbeat and says that he will never trust Dianne again. Claude is liable to Dianne for slander.