Law and Ethics Midterm Exam
What if the U.S. Court of Appeals for the 8th Circuit decides a case in a way that
conflicts with how the U.S. Court of Appeals for the 5th
Circuit decided a similar case? - ANS-This is called a "split in circuits"
In instances of diversity subject-matter jurisdiction, both the federal and state courts
have power to hear the case. This is called ____________________ jurisdiction. -
ANS-concurrent
What is the name of a state court of limited jurisdiction that handles transfers of a
person's assets after that person's death? - ANS-Probate court
Every lawsuit begins in a ___ - ANS-trial court
May a judge decide (dispose of) issues before trial, without allowing a jury to hear
evidence on that issue? - ANS-Yes, e.g. the judge may grant summary judgment on all
or some issues before trial
Which type of motion asks the judge to decide a case before trial because there is no
factual dispute and only matters of law to be decided? - ANS-motion for summary
judgement
Sometimes multiple courts may have jurisdiction over a lawsuit. The determination of
which court (which physical location) is most appropriate for the trial is called deciding
____________ . - ANS-venue
XYZ Co. is involved in a trial in the U.S. District Court located in San Francisco, CA. Is a
decision by the U.S. Court of Appeals for the 8th Circuit controlling precedent in this
trial? - ANS-No, because California is the 9th circuit, not the 8th circuit.
Which of the following is a benefit of arbitration? - ANS-Parties may select an arbitrator
with specialized knowledge.
May the U.S. Supreme Court overturn prior precedent (ie decisions made by earlier
U.S. Supreme Court)? - ANS-Yes, e.g. Brown v. Board of Education of Topeka
overturned precedent that held segregated education was constitutional.
, Almost 1,000 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 or executives. - ANS-common
law
Which of the following are examples of a primary source of law? I. A. regulation passed
by Food and Drug Administration, II. A regulation passed by Environmental Protection
Agency, III. The Civil Rights Act of 1964 (passed by U.S. Congress). - ANS-I, II, III
The system of using past court decisions to guide how to decide a new case with similar
facts and legal issues is called ____________. - ANS-stare decisis
The phrase "statutory law" indicates what? - ANS-The law was enacted by a legislative
body (e.g. U.S. Congress or state legislature).
State "police powers" often include the powers to : - ANS-promote public order, health,
safety, and morals.
Which of the following enjoy the right to free speech as set forth in the First
Amendment? I. humans in the U.S., II. Corporations in the U.S. - ANS-I and II
The constitutional clause which forbids the government from having a state-sponsored
religion is called: - ANS-the establishment clause
Which of the following is an example of a content-neutral law limiting free speech
rights? - ANS-Banning all public rallies between the hours of 10 p.m. and 7 a.m.
Nebraska passes a law limiting the rights of women only. This law could be challenged
under which constitutional clause? - ANS-the equal protection clause
Which of the following instances may lead to a lawsuit requiring a court to apply the
establishment clause? - ANS-displaying Buddhist symbols in the foyer of city hall
An organic statute (enabling legislation) creates an administrative agency and may
include a "partisan balance requirement." What is a "partisan balance requirement?" -
ANS-a rule limiting the President's power of appointment to multimember boards and
commissions so that s/he cannot appoint more than a simple majority from a single
party
What if the U.S. Court of Appeals for the 8th Circuit decides a case in a way that
conflicts with how the U.S. Court of Appeals for the 5th
Circuit decided a similar case? - ANS-This is called a "split in circuits"
In instances of diversity subject-matter jurisdiction, both the federal and state courts
have power to hear the case. This is called ____________________ jurisdiction. -
ANS-concurrent
What is the name of a state court of limited jurisdiction that handles transfers of a
person's assets after that person's death? - ANS-Probate court
Every lawsuit begins in a ___ - ANS-trial court
May a judge decide (dispose of) issues before trial, without allowing a jury to hear
evidence on that issue? - ANS-Yes, e.g. the judge may grant summary judgment on all
or some issues before trial
Which type of motion asks the judge to decide a case before trial because there is no
factual dispute and only matters of law to be decided? - ANS-motion for summary
judgement
Sometimes multiple courts may have jurisdiction over a lawsuit. The determination of
which court (which physical location) is most appropriate for the trial is called deciding
____________ . - ANS-venue
XYZ Co. is involved in a trial in the U.S. District Court located in San Francisco, CA. Is a
decision by the U.S. Court of Appeals for the 8th Circuit controlling precedent in this
trial? - ANS-No, because California is the 9th circuit, not the 8th circuit.
Which of the following is a benefit of arbitration? - ANS-Parties may select an arbitrator
with specialized knowledge.
May the U.S. Supreme Court overturn prior precedent (ie decisions made by earlier
U.S. Supreme Court)? - ANS-Yes, e.g. Brown v. Board of Education of Topeka
overturned precedent that held segregated education was constitutional.
, Almost 1,000 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 or executives. - ANS-common
law
Which of the following are examples of a primary source of law? I. A. regulation passed
by Food and Drug Administration, II. A regulation passed by Environmental Protection
Agency, III. The Civil Rights Act of 1964 (passed by U.S. Congress). - ANS-I, II, III
The system of using past court decisions to guide how to decide a new case with similar
facts and legal issues is called ____________. - ANS-stare decisis
The phrase "statutory law" indicates what? - ANS-The law was enacted by a legislative
body (e.g. U.S. Congress or state legislature).
State "police powers" often include the powers to : - ANS-promote public order, health,
safety, and morals.
Which of the following enjoy the right to free speech as set forth in the First
Amendment? I. humans in the U.S., II. Corporations in the U.S. - ANS-I and II
The constitutional clause which forbids the government from having a state-sponsored
religion is called: - ANS-the establishment clause
Which of the following is an example of a content-neutral law limiting free speech
rights? - ANS-Banning all public rallies between the hours of 10 p.m. and 7 a.m.
Nebraska passes a law limiting the rights of women only. This law could be challenged
under which constitutional clause? - ANS-the equal protection clause
Which of the following instances may lead to a lawsuit requiring a court to apply the
establishment clause? - ANS-displaying Buddhist symbols in the foyer of city hall
An organic statute (enabling legislation) creates an administrative agency and may
include a "partisan balance requirement." What is a "partisan balance requirement?" -
ANS-a rule limiting the President's power of appointment to multimember boards and
commissions so that s/he cannot appoint more than a simple majority from a single
party
