Legal Environment Test 1 – Flashcards
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A court's jurisdiction over a person is called _____ jurisdiction. A. de facto B. in perpetuity C. in personam D. in rem E. quasi in rem
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in personam
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State limited-jurisdiction trial courts are sometimes referred to as _____ trial courts. A. superior B. inferior C. unqualified D. qualified E. en banc
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inferior
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Many states have created _____ claims courts to hear cases involving small dollar amounts, such as $5,000 or less. A. district B. small C. personal D. deferred E. commercial
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small
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What is the function of an intermediate appellate court? A. to facilitate jury deliberations B. to conduct a trial de novo C. to review the trial court record for errors D. to convene a jury E. to conduct voir dire
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to review the trial court record for errors
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The highest court in a state court system is usually referred to as the state _____ court. A. intermediate B. district C. trial D. supreme E. superior
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supreme
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There are _____ circuits in the federal court system. A. 13 B. 100 C. 25 D. 9 E. 50
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13
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The United States Supreme Court is composed of _____ justices who are nominated by the _____ and confirmed by the _____. A. seven; Senate; president B. seven; president; Senate C. nine; Senate; president D. nine; president; Senate E. twelve; House of Representatives; Senate
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nine; president; Senate
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The U.S. district courts are the federal court system's trial courts of _____ jurisdiction. A. absolute B. special C. in personam, but not in rem D. general E. exclusive
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general
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There are _______ U.S. district courts. A. 49 B. 76 C. 100 D. 50 E. 94
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94
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There are ________ circuits in the federal court system. A. 100 B. 50 C. 9 D. 25 E. 13
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13
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If all of the United States Supreme Court justices agree as to the outcome and reasoning used to decide a case, it is a _____ decision. A. partisan B. unanimous C. reversible D. plurality E. majority
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unanimous
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If five United States Supreme Court justices agree as to the outcome and reasoning used to decide a case, it is a _____ decision. A. majority B. tie C. plurality D. reversible E. unanimous
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majority
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If five United States Supreme Court justices agree as to the outcome of a case but not as to the reasoning for reaching the outcome, it is a _____ decision. A. plurality B. majority C. reversible D. bipartisan E. tie
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plurality
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What is the legal effect of a tie vote at the United States Supreme Court level? A. the lower court decision is affirmed, and the vote is not precedent for later cases B. the lower court decision is remanded, with the sole issue on remand being the defendant's liability C. the lower court decision is reversed, and the vote is not precedent for later cases D. the lower court decision is reversed, and the vote is precedent for later cases. E. the lower court decision is affirmed, and the vote is precedent for later cases
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the lower court decision is affirmed, and the vote is not precedent for later cases
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What is the dollar-amount limit on federal question cases that can be brought in federal court? A. $75,000 B. $1 million C. $250,000 D. $500,000 E. There is no dollar-amount limit.
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there is not dollar amount limit
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______ of citizenship occurs if a lawsuit involves citizens of different states, or a citizen of a state and a citizen or subject of a foreign country. A. Convergence B. Congruence C. Certification D. Commonality E. Diversity
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diversity
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State courts have _____ jurisdiction with federal courts to hear cases involving diversity of citizenship and federal questions over which federal courts do not have exclusive jurisdiction. A. conditional B. divergent C. subordinate D. quasi- E. concurrent
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concurrent
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To bring a lawsuit, a plaintiff must have _____ to sue. A. certification B. clearance C. legal representation D. standing E. dismissal
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standing
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Which of the following is NOT a recognized method of service of process? A. personal B. e-mailing C. traditional mailing D. newspaper publication of notice E. symbolic
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symbolic
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A party who disputes the jurisdiction of a court can make a _____ appearance in that court to argue against imposition of jurisdiction. Service of process _____ permitted during such an appearance. A. general; is not B. general; is C. special; is D. special; is not E. pro se; is
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special; is not
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A(n) _____ statute extends a state's jurisdiction to nonresidents who were not served a summons within the state. A. short-hand B. overarching jurisdiction C. jurisdictional reciprocity D. long-arm E. uniform jurisdiction
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long-arm
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_______ jurisdiction means "jurisdiction over the thing." A. Quasi in personam B. In rem C. In personam D. Personal E. Quasi in rem
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in rem
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Quasi in rem jurisdiction is also known as _____ jurisdiction. A. attachment B. original C. general D. rapprochement E. detachment
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attachment
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Under the _____ Clause of the United States Constitution, a judgment of a court of one state must be recognized by the courts of another state. A. Equal Protection B. Full Faith and Credit C. Contracts D. Due Process E. Privileges and Immunities
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full faith and credit
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Tort is the French word for a _____. A. cause of action B. wrong C. judgment D. crime E. settlement
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wrong
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Which of the following are the three categories of torts? A. negligence, crimes, and strict liability B. felonies, misdemeanors, and negligence C. negligence, crimes, and intentional torts D. intentional torts, crimes, and strict liability E. intentional torts, negligence, and strict liability
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intentional torts, negligence, and strict liability
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_____ is the threat of immediate harm or offensive contact, or any action that arouses reasonable apprehension of imminent harm. A. Unlawful arrest B. False imprisonment C. Negligence D. Battery E. Assault
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assault
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_____ is unauthorized and harmful or offensive physical contact with another person that causes injury. A. Negligence B. Kidnapping C. False imprisonment D. Battery E. Unlawful imprisonment
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battery
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Under the _____ intent doctrine, the law transfers the perpetrator's intent from the target to the actual victim of the act. A. inferred B. transferred C. express D. transmuted E. implicit
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transferred
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Merchant protection statutes are also known as the shopkeeper's _____. A. deferral B. presumption C. dilemma D. privilege E. preemption
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privilege
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Misappropriation of the right to _____ is an attempt by another person to appropriate a living person's name or identity for commercial purposes. A. publicity B. quiet enjoyment C. privacy D. solitude E. insulation
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publicity
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The law recognizes each person's right to live his or her life without being subjected to unwarranted and undesired publicity. A violation of this right constitutes the tort of invasion of the right to _____. A. publicity B. appropriation C. absolution D. appreciation E. privacy
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privacy
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A false statement that appears in writing or other fixed medium is _____, while an oral defamatory statement is _____. A. libel; slander B. slander; legally-protected opinion C. libel; legally-protected opinion D. slander; libel E. legally protected opinion; slander
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libel; slander
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Which of the following torts is also referred to as the tort of outrage? A. false imprisonment B. assault C. negligence D. intentional infliction of emotional distress E. negligent infliction of emotional distress
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intentional infliction of emotional distress
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The doctrine of unintentional tort is commonly referred to as _____ negligence. A. ordinary B. exemplary C. de minimis D. extraordinary E. per se
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ordinary
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Which of the following is NOT a required element of a negligence lawsuit? A. duty of care B. intent C. actual cause D. injury to plaintiff E. breach of duty of care
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intent
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_____ cause is also called causation in fact. A. Proximate B. Actual C. Unforeseeable D. Approximate E. Subordinate
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actual
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_____ cause is also called legal cause. A. Actual B. Approximate C. Unforeseeable D. Conditional E. Proximate
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proximate
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The general test of proximate cause is _____. A. criminality B. causation in fact C. foreseeability D. malicious intent E. non-malicious intent
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foreseeability
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Which of the following is NOT a recognized term for a false statement about a competitor's products, services, property, or business reputation? A. trade libel B. slander of title C. commercial denunciation D. disparagement E. product disparagement
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commercial denunciation
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Which of the following is NOT an element required to prove disparagement? A. the defendant made an untrue statement about the plaintiff's products, services, or property B. the defendant knew that the statement was not true C. the defendant made the statement maliciously D. the defendant made the statement without intent to injure the plaintiff E. the defendant published the untrue statement to a third party
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the defendant made the statement without intent to injure the plaintiff
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Which of the following is NOT a required element of fraud? A. the wrongdoer made a false representation of a material fact B. the wrongdoer had knowledge that the representation was false and intended to deceive the innocent party C. the innocent party justifiably relied on the misrepresentation D. the wrongdoer was a casual (i., a non-merchant) seller E. the innocent party was injured
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the wrongdoer was a casual (i., a non-merchant) seller
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The violation of a statute that proximately causes an injury is _____. A. strict liability B. negligence per se C. a felony D. qualified immunity E. a misdemeanor
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negligence per se
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_____ is a tort in which the presumption of negligence arises because the defendant was in exclusive control of the situation, and the plaintiff would not have suffered injury but for someone's negligence. A. Negligence per se B. Res ipsa loquitur C. Criminal negligence D. Ordinary negligence E. Professional malpractice
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res ipsa loquitur
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_____ negligence is a doctrine that says that a person is liable for harm that is caused by his or her willful misconduct or reckless behavior; in such a case, punitive damages _____ allowed. A. Ordinary; are not B. Ordinary; are C. Special; are not D. Gross; are not E. Gross; are
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gross; are
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The _____ doctrine is a special tort rule that imposes liability on a landowner to children who have trespassed onto his or her property with the intent to play on a hazard and are killed or injured while doing so. A. absolute liability B. compulsive attraction C. harmful conveyance D. attractive nuisance E. strict liability
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attractive nuisance
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_____ relieves medical professionals from liability for _____ negligence when they stop and render aid to victims in emergency situations. A. The Emergency Personnel Intervention Exception Act (EPIEA); gross B. The Emergency Personnel Intervention Exception Act (EPIEA); ordinary C. The Emergency Personnel Intervention Exception Act (EPIEA); de minimis D. A Good Samaritan law; ordinary E. A Good Samaritan law: gross
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A Good Samaritan law; ordinary
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_____ is a defense that a defendant can use against a plaintiff who knowingly and voluntarily enters into or participates in a risky activity that results in injury. A. Intervening cause B. Assumption of the risk C. Comparative negligence D. Contributory negligence E. Superseding cause
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assumption of the risk
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_____ is a doctrine that says that a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant. A. Comparative negligence B. Strict liability C. Absolute liability D. Assumption of the risk E. Contributory negligence
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contributory negligence
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The bringing, maintaining, and defending of a lawsuit is generally referred to as _____. A. subornation B. subrogation C. mediation D. arbitration E. litigation
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litigation
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Which of the following is NOT a major pleading in a lawsuit? A. interrogatory B. complaint C. answer D. reply E. cross-complaint
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interrogatory
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A(n) _____ is a court order that directs the defendant to appear in court and answer the complaint. A. prayer for judgment continued B. summons C. rejoinder D. interpleader E. injunction
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summons
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When the complaint and summons are served on the defendant, this is called service of _____. A. judgment continued B. reply C. interpleader D. process E. judgment
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process
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If the defendant does not answer the complaint, a _____ is entered against him or her. A. temporary injunction B. restraining order C. permanent injunction D. default judgment E. prayer for judgment continued
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default judgment
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_____ is the act of a court to combine two or more separate lawsuits into one lawsuit. A. Stratification B. Bifurcation C. Consolidation D. Merger E. Acquisition
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consolidation
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A _____ is a lawsuit where a group of plaintiffs with common claims collectively bring a lawsuit against a defendant. A. class action B. remittitur C. resolution D. rejoinder E. summary judgment
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class action
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To maintain a class action, a class must be _____ by the appropriate federal or state court. A. stratified B. dismissed C. certified D. admonished E. represented
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certified
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A _____ establishes the period during which a plaintiff must bring a lawsuit against a defendant. A. statue of repose B. rejoinder C. temporary injunction D. remittitur E. statute of limitations
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statute of limitations
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Which of the following is NOT a major form of discovery? A. deposition B. physical or mental examination C. production of documents D. interrogatories E. pretrial conference
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pretrial conference
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The person giving a deposition is called the _____. A. appellant B. deponent C. plaintiff D. respondent E. defendant
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deponent
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_____ are written questions submitted by one party to a lawsuit to another party. A. Depositions B. Pleadings C. Interpleaders D. Responsive pleadings E. Interrogatories
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interrogatories
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A motion for summary judgment is supported by evidence _____. A. unrelated to the subject litigation B. in the answer C. outside the pleadings D. in the complaint E. in the counterclaim
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outside the pleadings
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_____ is the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions. A. Absolution B. Res ipsa loquitur C. Pretrial hearing D. Voir dire E. Remediation
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Voir dire
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After the defendant's attorney has finished calling witnesses, the plaintiff's attorney can call witnesses and put forth evidence to rebut the defendant's case. This is called a _____. A. resolution B. remittitur C. rejoinder D. restitution E. rebuttal
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rebuttal
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The defendant's attorney can call additional witnesses and introduce other evidence to counter the plaintiff's rebuttal. What is this called? A. counter-rebuttal B. resolution C. remittitur D. rejoinder E. restitution
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rejoinder
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Once the closing arguments are completed, the _____ reads jury instructions to the jury. These instructions inform the jury about what law to apply when they decide the case. A. defendant's attorney B. plaintiff's attorney C. judge D. foreperson E. court reporter
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judge
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Jury instructions are also known as _____. A. interrogatories B. charges C. closing statements D. voir dire E. deliberations
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charges
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The court may overturn the verdict if it finds bias or jury misconduct. This is called a _____. A. judgment n.o.v. B. reversal C. remand D. judgment on the pleadings E. summary judgment
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judgment n.o.v.
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In a civil case, the judge may reduce the amount of monetary damages awarded by the jury if he or she finds the jury to have been biased, emotional, or inflamed. This is called _____. A. remittitur B. restitution C. nullification D. rejoinder E. subrogation
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remittitur
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An appeal is the act of asking a(n) _____ to overturn a decision after the trial court's final judgment has been entered. A. trial court judge B. appellate court C. trial court D. arbitrator E. mediator
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appellate court
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The simplest form of alternative dispute resolution is _____. A. binding arbitration B. negotiation C. trial D. mediation E. non-binding arbitration
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negotiation
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_____ is a form of alternative dispute resolution in which the parties choose an impartial third party to hear and decide the dispute. A. Negotiation B. Mediation C. Summary judgment D. Arbitration E. Absolution
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arbitration
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_____ is a form of negotiation in which a neutral third party assists (without making a decision or an award) the disputing parties in reaching a settlement of their dispute. A. Nullification B. Absolution C. Non-binding arbitration D. Mediation E. Binding arbitration
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mediation
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An electronic court is also called a _____ courthouse. A. symbiotic B. virtual C. wired D. viral E. simulated
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virtual
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In 1778, the Continental Congress formed a federal government and adopted the _____. A. U.S. Constitution B. Declaration of Independence C. Bill of Rights D. Magna Carta E. Articles of Confederation
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articles of confederation
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In what year was the U.S. Constitution ratified by the states? A. 1778 B. 1776 C. 1787 D. 1804 E. 1788
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1788
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The U.S. form of government is referred to as _____, which means that the federal government and the 50 state governments share powers. A. parallelism B. capitalism C. convergence D. federalism E. centrism
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federalism
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When the states ratified the U.S. Constitution, they delegated certain powers, called _____ powers, to the federal government. A. enumerated B. collective C. collaborative D. reserved E. secondary
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enumerated
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Article I of the U.S. Constitution establishes the _____ branch of the federal government. A. corporate B. legislative C. executive D. administrative E. judicial
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legislative
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Article II of the U.S. Constitution establishes the _____ branch of the federal government. A. legislative B. administrative C. corporate D. executive E. judicial
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executive
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Article III of the U.S. Constitution establishes the _____ branch of the federal government. A. administrative B. legislative C. corporate D. judicial E. executive
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judicial
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The executive branch of the federal government can enter into treaties with foreign governments only with the advice and consent of the _____. A. states B. House of Representatives C. Senate D. president E. U.S. Supreme Court
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senate
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If a bill has been vetoed by the U.S. President, the bill goes back to Congress, where a _____ vote of each the Senate and House of Representatives is required to override the President's veto. A. two-thirds B. unanimous C. simple majority D. three-fourths E. one-third
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two-thirds
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A _____ vote of the U.S. Senate is required to impeach the president. A. two-thirds B. bipartisan C. simple majority D. partisan E. unanimous
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two-thirds
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The concept of federal law taking precedence over state or local law is commonly called the _____ doctrine. A. preemption B. prevention C. preordination D. presumption E. principal
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preemption
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The _____ Clause of the U.S. Constitution establishes that the Constitution and federal treaties, laws, and regulations are the supreme law of the land. A. Due process B. Supremacy C. Privileges and Immunities D. Takings E. Commerce
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supremacy
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The _____ Clause of the U.S. Constitution grants Congress the power "to regulate commerce with foreign nations, and among the several states, and with Indian tribes." A. Privileges and Immunities B. Commerce C. Supremacy D. Takings E. Due Process
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commerce
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The Commerce Clause of the U.S. Constitution gives the federal government the _____ power to regulate commerce with foreign nations. A. subordinate B. collaborative C. shared D. conditional E. exclusive
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exclusive
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_____ power permits state and local governments to enact laws to protect or promote the public health, safety, morals, and general welfare. A. Delegated B. Exclusive C. Subordinate D. Police E. Conditional
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police
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States retained the power to regulate _____ commerce. A. intrastate B. delegated C. interstate D. multi-jurisdictional E. international
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intrastate
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The first _____ amendments to the U.S. Constitution are commonly referred to as the Bill of Rights. A. 27 B. 7 C. 10 D. 12 E. 3
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10
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Fundamental rights guaranteed in the _____ Amendment to the United States Constitution include freedom of speech, freedom to assemble, freedom of the press, and freedom of religion. A. First B. Fourteenth C. Fifth D. Sixth E. Tenth
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first
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Commercial speech is an example of _____ speech. A. unrestricted B. political C. unprotected D. limited protected E. fully protected
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limited protected
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Offensive speech is an example of _____ speech. A. limited protected B. obscene C. fully protected D. unrestricted E. unprotected
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limited protected
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Obscene speech is an example of _____ speech. A. unrestricted B. fully protected C. substantially protected D. limited protected E. unprotected
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unprotected
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The _____ Clause of the _____ Amendment to the U.S. Constitution prohibits the government from either establishing a government-sponsored religion or promoting one religion over another. A. Free Exercise; First B. Establishment; First C. Establishment; Fifth D. Establishment; Sixth E. Free Exercise; Fifth
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establishment; first
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The _____ Clause of the _____ Amendment to the U.S. Constitution prohibits the government from interfering with the free exercise of religion. A. Establishment; First B. Establishment; Fifth C. Free Exercise; First D. Free Exercise; Fifth E. Free Exercise; Sixth
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free exercise; first
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The U.S. Supreme Court has applied the _____ doctrine and held that most of the fundamental guarantees contained in the Bill of Rights are applicable to state and local government action. A. subordination B. collaboration C. preemption D. incorporation E. consolidation
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incoporation
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The _____ Clause of the _____ Amendment to the U.S. Constitution provides that a state cannot "deny to any person within its jurisdiction the equal protection of the laws." A. Equal Protection; Fifth B. Free Exercise; First C. Equal Protection; Fourteenth D. Due Process; Fifth E. Due Process; Fourteenth
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equal protection; fourteenth
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Articles of Confederation
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-power remained with the states -but there were serious problems- trade & commerece, economic depression, debtors prisons, no way for country to get revenue -convention was called to amend the Articles of Confederation, but instead we got a new constitution
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Federalism and the Separation of powers
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some wanted power to remain with states, some in a central power (Constitution created a promise)
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legislative branch
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makes the law
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executive branch
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enforces the law
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judicial branch
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interprets the law
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10th amendment
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establishes that those powers neither delegated to the federal gov't nor denied to the states are reserved for the states
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checks and balances
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each branch has actions it can do to limit the other 2 branches power - congress enacts laws but president can veto -president is in charge of foreign affairs, but treaties require the advice and consent of the senate -congress determines the jurisdiction of the Federal courts and the president appoints federal judges, with the advice and consent of the Senate, but the judicial branch has the power to hold actions of the other two branches unconstitutional
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commerce clause
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-To promote continuity in trade and commerce among the states, the constitution expressly delegated to the Federal government the power to regulate interstate commerce. -Commerce clause has greater impact in business than any other provision of the constitution. -Article 1, Section 8 states that the congress has the power to "regulate commerce with foreign nations and among the several states and with the Indian tribes." -At first, the commerce clause was interpreted as being limited to interstate commerce (commerce among the various states) and not applicable to intrastate commerce (commerce within a particular state)
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the regulatory powers of the states
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As part of their powers, states have the authority to regulate affairs within their borders. State regulatory powers are often referred to as police powers
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regulatory powers of the states powers may be exercised to protect or promote public
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-order -health -safety -morals -general welfare
