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| The U.S. supreme court may NOT declare an order of the execuative unconstitutional. |
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| our federal form of government is one in which sovereign power is shared between the federal government and the several states. |
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| international law is the law of a particular nation adn varies from nation to nation. |
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| a demanatory statement, to serve as the basis of a tort cause of action, must be communicated to a third party. |
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| any and all federal courts may review the decisions of any and all state courts on matters of state statutory and/or constitutional law. |
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| the jurisdiction of state courts of appeal is limited to hearing appeals from state trial courts |
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| the u.s constitution provides three co-equal branchesof government |
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| business entities enjoy all of the same rights of free speech, as do private individuals. |
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| the federal trial court is the u.s district court |
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| conversion is wrongfully taking or retaining an individuals personal property and placing it in the service of another |
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| to have standing to sue, a party much have suffered an actual injury or be threatened with an imminent injury caused by the action about which the party complains |
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| a legal realist believes the law must evolve to reflect changes in society |
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| a legal positivist believes the only rights citizens have come from the governemt |
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| after a verdict has been rendered in a case, neither the party may file an appeal |
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| theoretically, an activity having substantial effect on the interstate commerce in the aggregate may be regulated by congress under the taxing and spending clause |
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| under the commerce clause, congress DOES NOT have the authority to regulate commerce between the u.s and france |
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| diversity of citizenship may be used by state trial courts to exercise IN PERSONAM jurisdiction over an out-of-state-defendant |
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| an out of state business concern with advertises in a national magazine known to reach ohio, but which conducts no business in ohio, may be required to defend a lawsuit filed in ohio as a result of an alleged injury caused by its products legally brought to ohio by an ohio purchaser. |
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| where a question of federal law is invovled, a lawsuit may be filed ONLY in federal court |
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| an offensive touching would be offensive to any person |
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| the answer is the document filed by the plaintiff in order to initiate a lawsuit and set forth the plaintiffs legal theory for relief |
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| a defendant may remove any case from state court to u.s district court |
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| a battery occurs only if the victim suffers actual physical harm caused by the intentional conduct of another |
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| as a legal theory, intentional infliction of emotional distress no longer requires that the plaintiff also have a physical injury along with the emotinoal distress |
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| a later-enacted state statute supersedes or displaces any and all existing conflicting federal statutes |
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| the bill of rights confers absolute rights, not subject to interpretation by the u.s supreme court |
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| the federal equivalant of a state trial court in a u.s court of appeals |
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| a decision on a given issue by a court is not binding authority on an inferior court |
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| a natural law philosopher beleives the law should reflect universal moral and ethic principle that are part of human nature |
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| equity is a branch of unwritten law that seeks to award damages in most case |
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| appealate judges and or justices actively question litigants before making a decision in a case on appeal |
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| discovery is a process for uncovering facts held by or in possession of the adverse party |
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| all states have an intermediate court of appeal between the trial and supreme courts |
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| diversity of citizenship jurisdiction requires the plaintiff to claim an injury under federal law or an invasion of constitutional protection |
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| purposeful injection of a business into a forum state by tv advertising can serve sufficient minimum contacts for long-arm jurisdiction |
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| the admissibility of evidence at trial is a matter of law in the control of the judge |
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| the jury decides which party has met its burden of proof on questions of fact |
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| trial judges must consider the impact of their decisions on society as a whole |
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| in general, sates do not allow quotient verdicts by juries |
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| state trial courts are courts of general subject matter jursidiction |
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| state and the federal constitutions create government of three co-equal branches with separate functions |
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| english common law evovled from the norman conquest of 1215 ad |
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| procedural laws create rights and duties but not priviledges |
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| private la allows an injured party to seek recovery directly from the party alleged to have caused the injury |
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| laws are enforceable rules protecting one's protected interets |
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| in the american legal system, judicial pronouncements have greater authority than legistlative act |
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| the doctrine of separation of powers allows the federal government unlimitied authority to intervene in the affairs of state government |
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| under the early common law, the laws and doctrines were rules and methods of analysis used by courts to resolve disputes brought before them |
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| legislative acts and judicial pronouncements are examples of procedural laws |
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| the principle of judicial review, the submission of laws and acts to the courts for constitutional examinatino, is mentioned in the constitution under article 3 |
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Ben files a lawsuit in a federal district court against cathy. cathy loses the suit, appeals to the u.s. court of appeals for the second circuit and loses again. cathy asks the u.s. supreme court to hear a futher appeal. the court is:
a. not required to hear the appeal
b. required to hear the appeal bc cathy lost in federal court
c. required to hear the appeal bc cathy lost in a lower court
d. required to hear the appeal as an exercise of its appealete jurisdiction |
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| a. not required to hear the appeal |
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the ohio state legislature passes a law to regulate local delivery services. the final authority regarding the constitutionality of this law is:
a. the ohio supreme court
b. the president of the U.s
c. the governor of ohio
d. the U.S congress |
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| a. the ohio supreme court |
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"Law" does not:
a. estabilish rightes, duties, and privileges
b. establish the value of a society
c. govern relationships amoung individuals
d. govern relationships between citizens and their gov'ts |
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| b. establish the values of a society |
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sam, a citizen of new mexico, wants to file a law suit in new mexico against tanya, a citizen of texas for $200,000 US for personal injuries. their diversity of citizenship may be a basis for:
a. a new mexico court to exercise in rem jr.
b. a federal district court to exercise orgiginal jr
c. the u.s court of appeals to exercise appellate jr
d. the u.s supreme court to issue a writ of certiorari |
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| b. a federal district court to exercise original jurisdiction |
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aaron, a ohio resident, sues zack, a penn resident, over an auto collision in youngstown, ohio. assuming the jursidictional minimum is met, the suit may be filed in:
a.ohio state court
b.ohio federal court
c.penn state court
d. all the above |
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mary claims a nebraska state statute infringes on her "procedural due process" rights. this claim focuses on:
a.the procedures used in making descisions to take life, liberty or property
b.the content of the statute
c.the similiarity of the treatment of similarity situated individuals
d.the steps to be taken to protect mary's policy |
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| a. the procedures used in making decisions to take life, liberty and property. |
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under the u.s constitution, the execuative branch of the government:
a.reviews the laws
b.enforces the laws
c.interprets the laws
d.makes the laws |
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bob pushes carol. carol falls and breaks her arm. bob is liable for the injury:
a. only if bob intended to push carol
b.only if bob did not intend to break carol's arm
c.only if bob was hostile toward carol
d.only if bob intened to break carols' arm |
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| a. if bob intended to push carol |
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much of american law is based on
a.the english legal system
b.the french legal system
c.the irish legal system
d.the german legal system |
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| a. the english legal system |
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dan filed a lawsuit againt the federal government to block the enforcement of a new tax law. dan claims congress attempted to regulate indirectly, by taxation, an area over which it has no authority. most likely the court will:
a.invalidate teh tax if it is reasonable
b.invalidate the tax without considering whether it is unreasonable.
c.validate the tax if it is reasonable under the taxing and spending clause
d.validate the tax without considering whether it is reasonable |
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| c. validate the tax if it is reasonable under the taxing and spending clause |
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a rhode island statute imposes a misdemeanor jail term of 3 months, without a trial,on all street vendors who operate in a certain area of the capital of providence,RI. a court would likely hold this statute to be:
a.constitutional under teh due process clause
b.constituational under the equal protection clause
c.unconstitutional as a violation of procedural due processes
d.unconstitutional as a violation of the equal protection |
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| c. unconstitutional as a violation of procedural due process |
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the common law began:
a.in the islamic courts of predominantly musilim countries
b.as a part of the roman civil law
c.as a body of general rules applied in the courts throughout england
d.as a group of legal principles enacted by european nations |
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| c. as a body of general rules applied in the courts throughout england |
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mary files a suit against albert. at the trial, each partys attourney presents the party's case before a judge who hears the dispute, finds the facts, applies the law to the facts and renders a legally binding decision. This is:
a.arbitration
b.litigation
c.mediation
d.negotiation |
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mike, an advocate of a certain relition, publishes an article in "New Times" magazine insisting that congress base all federal law on his religion's principles. the first amendment guarantees mikes freedom of:
a.relgion only
b.speech only
c.the press only
d.religion, speech and the press |
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| d. religion, speech and the press |
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adam, a resident of nelsonville, ohio while driving his car in toledo colliges with eve's car. eve, a resident of the stae of michigan, wants to file a law suit against adam. eve may file her lawsuit in:
a.ohio state courts
b.ohio federal courts, if the jr minimum is met
c.michigan state courts, if adam has sufficient minium contacts with michigan
d.either a or b |
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betty owns a large ranch in colorado. dan drives his sport utility car off a highway and onto betty's land. at a minimum, dan commits tresspass if he:
a.does nto have betty's permission to drive on the property
b.drives onto the property for rec purpuse with bettys permission
c.harm the property in a material way
d.harm the propery in any way |
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| a.does not have bettys permission to drive on the property |
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consumer goods corp sells poorly made products. tina who has never bought a consumer good product files a suit against the firm alleging its products are defective. consumer goods could move for dismissal of the lawsuit on the basis that tina does not have:
a.jurisdiction
b.standing
c.sufficient minimum contacts
d.venue |
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applying the relevant rule of law to the facts of a case normally requires finding previously decided cases that, in relation to the case under consideration, are:
a. as different as possible
b.as similar as possible
c.identical
d.at odds |
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| b. as similar as possible |
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a federal statute bans "major business entities" from making political contributions individuals are permitted to make. a court would likely hold this statute to be:
a.an unconstitutional restriction of speech
b.constitutional under the first amend.
c.justified by the need to protect individual rights
d.necessary to protect national interests |
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| a. an unconstitutial restriction of speech |
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sam files a lawsuit against laura. laura must file a responsive document to:
a.the answer
b.the service of process
c.the complaint
d.the summons |
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federal and state courts today are,gernerally:
a.courts of law only
b.courts of limited jursidiction
c.courts of general jursidiction
d.courts of law and equity |
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Definition
| d. courts of law and equity |
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a law that deprives all persons of a fundamental right or liberty interest may violate:
a.equal protection
b.procedural due process
c.substanstive due process
d.none of the above |
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| c.substantive due process |
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net corporation files a lawsuit against omega, inc, alleging omega breached a contract to sell net a computer system for $100,000 us. net is:
a.the appeallant
b.the appelle
c.the defendant
d.the plaintiff |
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generally, the courts accord commercial speech engaged in by business entities:
a.less protection than afforded the political speech of individual citizens
b.more protection that that afforded the political speech of individ. citizen
c.no protection
d.the same protection as that afforded the political speech of indiv. citizen |
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| a. less protection than that afforded the political speech of individual citizens |
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leo,resident on missouri, owns a warehouse in nebraska. a dispute arrises over the ownership of the warehouse with opal, a resident of kansas. opal files a law suit against leo in nebraska. regarding the court's exercise of jr over leo's interest in the warehouse, nebraska has:
a.diveristy jursidiction
b.in personam jursidiction
c.in rem jursidiction
d.no jusridiction |
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| ben is a state court judge. in his court as in most state courts he may grant: |
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| c. equitable and legal remedies |
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| the us consitution sets forth authority and the limits of the branches of the gov. the phrase checks and balances means: |
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| each branch of government has same power to limit the actions of the other branches |
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