BUS 311 Week 1 Quiz Chap001

1. It is necessary for the average person to understand some of the general principles of law.

BT: Knowledge

PO: 2

True False

1. Express powers are those that are specifically stated in a statute.

BT: Knowledge

PO: 3

True False

1. Unlike the federal constitution, state constitution provides safeguards for the rights of individuals within that particular state.

BT: Knowledge

PO: 3

True False

1. The process of a court deciding whether a law is contrary to the constitution is known as judicial review.

BT: Knowledge

PO: 3

True False

1. Court decisions are recorded in writing so that lawyers and judges can refer to them in preparing or hearing a case.

BT: Knowledge

PO: 3

True False

1. Each amendment of the federal constitution needs to be ratified by the legislatures of half of the 50 states.

BT: Knowledge

PO: 3

True False

1. The laws enacted by local government city councils are often known as ordinances.

BT: Knowledge

PO: 3

True False

1. Administrative law is the body of rules, regulations, and decisions created by administrative agencies.

BT: Knowledge

PO: 3

True False

1. Administrative law refers to the administration of the court system.

BT: Knowledge

PO: 3

True False

1. Administrative agencies include federal agencies such as the National Labor Relations Board.

BT: Knowledge

PO: 3

True False

1. The Uniform Commercial Code has been adopted, at least partly, by all 50 states.

BT: Knowledge

PO: 4

True False

1. The State of Louisiana had earlier been a Spanish territory, and therefore, has greatly been influenced by the Spanish civil laws.

BT: Knowledge

PO: 4

True False

1. The Uniform Commercial Code is a set of laws governing various commercial transactions that is designed to bring uniformity to the laws of the states.

BT: Knowledge

PO: 4

True False

1. Since its inception, the federal Constitution of the United States has been amended and changed more than 27 times.

BT: Knowledge

PO: 3

True False

1. Many legal obligations are based on moral obligations, but not all moral obligations are legally enforceable.

BT: Comprehension, Analysis

PO: 6

True False

1. A court has appellate jurisdiction if it has the authority to hear appeals from other courts.

BT: Knowledge

PO: 7

True False

1. Federal district courts have original jurisdiction in cases in which the parties are residents of different states and the amount involved in the dispute is greater than $75,000.

BT: Knowledge

PO: 7

True False

1. There are 50 federal circuit courts of appeal, one for each state.

BT: Knowledge

PO: 7

True False

1. The person against whom a lawsuit is brought or who is charged with a violation of the law is called a:

A. defendant.

B. plaintiff.

C. judgment debtor.

D. decree holder.

1. State laws require that barbers and pharmacists pass examinations to be:

A. employed to federal institutions.

B. licensed to practice.

C. immune from lawsuits.

D. enrolled in the Bar Council.

1. The principles and ideals that protect individual liberty and freedom are incorporated in the:

A. Executive Order No. 1579 of the President.

B. Constitution of the United States.

C. Memorandum of Articles of a Corporation.

D. Civil Rights Act of 1964.

1. In the United States, how many types of powers do the federal Constitution and state constitutions confer on the government?

A. Eight

B. Six

C. Four

D. Two

1. The principles and ideals guarding our individual liberty and freedom are presented in:

A. the decisions of the courts.

B. the federal Constitution.

C. common law.

D. the state constitutions.

1. Each constitutional amendment must be proposed by a:

A. one-third vote of Congress.

B. one-fourth vote of Congress.

C. two-thirds vote of Congress.

D. three-fourths vote of Congress.

1. The practice of relying on previous decisions is known as:

A. res sub-judice.

B. res judicata.

C. obiter dicta.

D. stare decisis.

1. The literal translation of "stare decisis" would mean:

A. "during the pendency of a proceeding."

B. "to postpone hearing without a date."

C. "to send summons."

D. "to stand on decided cases."

1. Decisions made by the US Supreme Court must:

A. not be followed by the other courts.

B. be followed by the other courts.

C. not be referred to by other courts.

D. be reviewed by the other courts.

1. A court decision upon which courts later rely in similar cases is known as a(n):

A. precedent.

B. example.

C. judicial review.

D. statutory review.

1. The laws passed by Congress and by state legislatures are called:

A. statutes.

B. executive orders.

C. stare decisis.

D. notices.

1. A law that is passed by a local government, such as a city council, is often called a(n):

A. ratio decidendi.

B. obiter dicta.

C. ordinance.

D. stare decisis.

1. Statutes are the laws enacted by:

A. old English courts.

B. the Supreme Court.

C. state courts.

D. state and federal legislatures.

1. The Uniform Commercial Code was prepared in 1952 by the:

A. National United Front.

B. National Conference of Commissioners.

C. National Commission on Unified Systems.

D. National Equity and Unity Commission.

1. The law concerned with the unenforceable obligations that people have to one another is known as:

A. country law.

B. common law.

C. constitutional law.

D. moral law.

1. The enforcement of moral obligations results from:

A. the effect on a person's conscience.

B. actions by state courts.

C. actions by federal courts.

D. peer pressure.

1. Most legal scholars agree that today's laws provide adequate protection of the ____of the individual.

A. power

B. rights

C. duties

D. responsibility

1. The authority or power of a court to hear cases, as granted by a constitution or legislative act, is known as the court's:

A. jurisdiction.

B. ratio decidendi.

C. obiter dicta.

D. quotient.

1. Courts that are given the power to hear only certain kinds of cases have:

A. original jurisdiction.

B. appellate jurisdiction.

C. pecuniary jurisdiction.

D. special jurisdiction.

1. The U.S. Supreme Court hears appeals from the:

A. government departments.

B. highest state courts.

C. federal corporations.

D. federal arbitral tribunals.

1. The federal district courts have original jurisdiction in cases when the parties are citizens of different states and the amount involved is greater than:

A. $25,000.

B. $50,000.

C. $75,000.

D. $100,000.

1. Appeals of the decisions of the federal administrative agencies are made to the:

A. U.S. Supreme Court.

B. U.S. Circuit Courts of Appeals.

C. U.S. district Courts.

D. International Court of Justice.

1. Identify and describe the process of deciding if a law is contrary to the Constitution.

2. How are precedents set and followed?

3. There was a time when state constitutions and laws differed from state to state with the result that interstate commerce was affected. What resolved the conflicting statutes regulating business activity among the states?

4. Write a brief explanation of the state court system.

5. In what court would a case involving an appeal of a decision made by the Federal Trade Commission be tried?