OMGT 4313 Midterm
The phrase "statutory law" indicates what? - ANS-The law was enacted by a legislative
body (e.g. US Congress/state legislature)
The Whiteboard Video in Chapter 1-3b (Stare Decisis) summarizes stare decisive as
follows: - ANS-A higher court's decisions are binding on lower court's decisions in the
same jurisdiction
If a district attorney (lawyer for government) brings a lawsuit against a person for
stealing cars, what is the classification of this lawsuit? - ANS-Criminal
Which of the following are examples of a primary source of law? - ANS-A regulation
passed by FDA, A regulation passed by Environmental Protection Agency, The Civil
Rights Act of 1964 passed by US Congress
Almost 1000 years ago, England's king's courts developed a uniform set of rules that
applied in courts throughout England. This was the beginning of the ______, which
involves law made by judges and not legislators/executives. - ANS-Common law
Which is the most informal type of alternate dispute resolution? - ANS-Negotiation
Which constitutional amendment specifically guarantees a right to privacy? - ANS-No
amendment expressly guarantees a right to privacy
A state makes a law limiting the rights of homosexuals. This law could be challenged
under which constitutional clause? - ANS-The equal protection clause
The First Amendment protects free speech, including symbolic speech. Which of the
following are examples of symbols? - ANS-Clothing, Movement, Gestures
The first ten amendments to the US Constitution are commonly called? - ANS-The Bill
of Rights
Nebraska passes a law limiting the rights of women only/ This law could be challenged
under which constitutional clause? - ANS-The equal protection clause
, The constitutional clause which requires separation between church and state is? -
ANS-The establishment clause
XYZ Co. fired my neighbor because of her religion. I was offended, but not harmed, by
the action of XYZ Co. May I sue XYZ Co. for wrongfully firing my neighbor? - ANS-No,
because I lack standing.
Which of the following are preliminary litigation issues? - ANS-Does Plaintiff have
standing? Does the court have jurisdiction?
A defendant must receive formal notification that she/he/it has been sued. Often this is
accompanied by a person physically handling a copy of the complaint and summons to
the defendant. This is called? - ANS-Service of process
Which of the following is NOT a type of pre-trial litigation discovery? - ANS-Affidavit
Pleadings in a lawsuit include which of the following? - ANS-Defendant's Answer and
Plantiff's Complaint
Federal courts of general original jurisdiction are called what? - ANS-US District Courts
XYZ Co. is involved in a trial in the US District Court located in San Francisco, CA is a
decision by the US Court of Appeals for the 8th Circuit controlling precedent in this trial?
- ANS-No, because California is in the 9th Circuit, not the 8th
How does a plaintiff initiate a lawsuit? - ANS-File a Complaint or Petition with a court
What is the most informal type of alternative dispute resolution? - ANS-Negotiation
The US Constitution grants specific powers to the US government. What happens to
powers not specifically granted to the US government? - ANS-Such powers are
reserved for the states
Star decisis requires a judge to follow the precedent established within the judge's
jurisdiction. Thus, a trial court judge in Texas is obligated to follow precedent by the
highest court of which state? - ANS-Texas
What if a Missouri state statue (codified law) conflicts with a regulation promulgated by
a federal agency? - ANS-the federal agency regulation trumps
The phrase "statutory law" indicates what? - ANS-The law was enacted by a legislative
body (e.g. US Congress/state legislature)
The Whiteboard Video in Chapter 1-3b (Stare Decisis) summarizes stare decisive as
follows: - ANS-A higher court's decisions are binding on lower court's decisions in the
same jurisdiction
If a district attorney (lawyer for government) brings a lawsuit against a person for
stealing cars, what is the classification of this lawsuit? - ANS-Criminal
Which of the following are examples of a primary source of law? - ANS-A regulation
passed by FDA, A regulation passed by Environmental Protection Agency, The Civil
Rights Act of 1964 passed by US Congress
Almost 1000 years ago, England's king's courts developed a uniform set of rules that
applied in courts throughout England. This was the beginning of the ______, which
involves law made by judges and not legislators/executives. - ANS-Common law
Which is the most informal type of alternate dispute resolution? - ANS-Negotiation
Which constitutional amendment specifically guarantees a right to privacy? - ANS-No
amendment expressly guarantees a right to privacy
A state makes a law limiting the rights of homosexuals. This law could be challenged
under which constitutional clause? - ANS-The equal protection clause
The First Amendment protects free speech, including symbolic speech. Which of the
following are examples of symbols? - ANS-Clothing, Movement, Gestures
The first ten amendments to the US Constitution are commonly called? - ANS-The Bill
of Rights
Nebraska passes a law limiting the rights of women only/ This law could be challenged
under which constitutional clause? - ANS-The equal protection clause
, The constitutional clause which requires separation between church and state is? -
ANS-The establishment clause
XYZ Co. fired my neighbor because of her religion. I was offended, but not harmed, by
the action of XYZ Co. May I sue XYZ Co. for wrongfully firing my neighbor? - ANS-No,
because I lack standing.
Which of the following are preliminary litigation issues? - ANS-Does Plaintiff have
standing? Does the court have jurisdiction?
A defendant must receive formal notification that she/he/it has been sued. Often this is
accompanied by a person physically handling a copy of the complaint and summons to
the defendant. This is called? - ANS-Service of process
Which of the following is NOT a type of pre-trial litigation discovery? - ANS-Affidavit
Pleadings in a lawsuit include which of the following? - ANS-Defendant's Answer and
Plantiff's Complaint
Federal courts of general original jurisdiction are called what? - ANS-US District Courts
XYZ Co. is involved in a trial in the US District Court located in San Francisco, CA is a
decision by the US Court of Appeals for the 8th Circuit controlling precedent in this trial?
- ANS-No, because California is in the 9th Circuit, not the 8th
How does a plaintiff initiate a lawsuit? - ANS-File a Complaint or Petition with a court
What is the most informal type of alternative dispute resolution? - ANS-Negotiation
The US Constitution grants specific powers to the US government. What happens to
powers not specifically granted to the US government? - ANS-Such powers are
reserved for the states
Star decisis requires a judge to follow the precedent established within the judge's
jurisdiction. Thus, a trial court judge in Texas is obligated to follow precedent by the
highest court of which state? - ANS-Texas
What if a Missouri state statue (codified law) conflicts with a regulation promulgated by
a federal agency? - ANS-the federal agency regulation trumps
