A holding is the court's complete answer to an issue that is critical to deciding the case and thus gives guidance to the meaning of the case as a precedent for future cases.

Case study

Seaport BUS C110 Midterm Exam

Seaport BUS C110 Midterm Exam

The Constitution prescribes that the president has the veto power over any legislation, but the House and Senate can override a presidential veto with two-thirds vote in each chamber.

True
False

 

  1. Common law consists of decisions by courts that involve interpretation of statutes, regulations, and treaties.
True
False

 

  1. A holding is the court’s complete answer to an issue that is critical to deciding the case and thus gives guidance to the meaning of the case as a precedent for future cases.
True
False

 

  1. Which of the following about the federal court system is true?
The federal judicial system consists of four levels.
The federal district courts are the trial courts in the federal system.
The U.S. District Court for the Southern District of New York has 54 district judges.
The U.S. District Court in Manhattan has 15 magistrates.
The district judges throughout the United States can preside over criminal cases only.

 

  1. Identify the correct statement about the Federal-State balance.
Socialism was the system devised by the nation’s founders, in which power is shared between states and the federal government.
Article III makes clear that federal courts are courts of unlimited power or jurisdiction.
The only kinds of cases federal courts are authorized to deal with have strong federal connections.
Federal courts have full jurisdiction over matters that are historically exclusively within the domain of state law.
Citizens can go to a federal building or courthouse to get a marriage license, ask for a divorce, or probate a will.

 

  1. Federal courts have to consider state-law-based claims when a case involves claims using both state and federal law.
True
False

 

  1. A court that hears appeals from the trial court is said to have original jurisdiction.
True
False

 

  1. Appellate courts do not retry the evidence, but rather determine whether the trial was conducted in a procedurally correct manner.
True
False

 

  1. Article III of the U.S. Constitution provides unlimited power to the federal judiciary.
True
False

 

  1. A federal court has exclusive jurisdiction over cases between Citizens of the same State claiming Lands under Grants of different States.
True
False

 

  1. The U.S. Supreme Court can void the president’s executive orders if they are contrary to the Constitution’s language.
True
False

 

  1. States cannot constitutionally pass laws that interfere with the accomplishment of the purposes of the federal laws, but Congress can pass standards that are more stringent than the federal laws.
True
False

 

  1. When Congress uses its power under the commerce clause, it can expressly state that it wishes to have _____.
judicial review
a dormant commerce clause
exclusive regulatory authority
interstate commerce
absolute police power

 

  1. Article I of the Constitution deals with _____.
the executive branch
judicial powers
administrative agencies
legislative powers
federalism

 

  1. The Supreme Court has reserved for itself the power to determine when state action is excessive, even when Congress has not used the commerce clause to regulate.
True
False

 

  1. In a true free market, there are no parties, institutions, or governmental units regulating the price, quantity, or quality of any of the goods being bought and sold in the market.
True
False

 

  1. Administrative regulations are not legally binding unless they are published.
True
False

 

  1. Which of the following is true about a free market?
A true free market would deal with market imperfections.
The current situation of six major banks that are “too big to fail” is an example of destructive competition.
In economic systems, it is unlikely for natural monopolies to occur.
The free market in actual terms consists of commerce legally constrained by what is economically desirable and by what is socially desirable as well.
A true free market is a market free from any regulation.

 

  1. The _____ governs all agency procedures in both hearings and rulemaking.
Code of Federal Regulations
delegation doctrine
enabling act
Federal Register
Administrative Procedure Act

 

  1. Conventions are treaties on matters of common concern, usually negotiated on a regional or global basis, sponsored by an international organization, and open to adoption by many nations.
True
False

 

  1. ]Treaties are only binding as long as each party continues to recognize their binding effect.
True
False

 

  1. When the United States has imposed sanctions on trade, the International Emergency Economic Powers Act (IEEPA) has often been the legislative basis.
True
False

 

  1. The act-of-state doctrine, enunciated by the Supreme Court, governs claims to recover for acts of expropriation.
True
False

 

  1. In a contract, national or international, the parties may specify the court where any disputes between the parties will be settled. This specification is known as the _____.
runaway shop clause
forum-selection clause
abatement clause
hot cargo clause
ultra vires clause

 

  1. When an illegal act taking place within the borders of one nation can have a direct and foreseeable impact on another nation, the principle of _____ comes into play.
res judicata
tipee doctrine
nationality jurisdiction
objective territoriality
delectus personae

 

  1. The seriousness of a crime is defined by the nature or duration of the punishment set out in the statute.
True
False

 

  1. An unintentional killing that takes place during an armed robbery is a homicide.
True
False

 

  1. A statement, though true, is perjury if the maker of it believes it to be false.
True
False

 

  1. If a defendant intends to do something that was not criminal, no act in furtherance of his intention can be an attempt.
True
False

 

  1. _____ is the crime of giving a false oath orally in a judicial proceeding.
Perjury
Misdemeanor
Mens rea
White-collar crime
Larceny

 

  1. According to _____, evidence obtained in violation of constitutional rights from the Fourth, Fifth, and Sixth Amendments are generally not admissible at trial.
the establishment clause
the Free Exercise Clause
double jeopardy
totality-of-the-circumstances
the exclusionary rule

 

  1. In a civil case, the tort victim or his family, not the state, brings the action.
True
False

 

  1. Intentional torts result from carelessness.
True
False

 

  1. The law imposes no obligation to act in a situation to which we are strangers.
True
False

 

  1. The actual cause of negligence is sometimes called the “but for” event that is a breach of duty on the part of the defendant.
True
False

 

  1. Which of the following is a proximate cause?
The injuries to the plaintiff are too remote.
If an injury would not have occurred but for the defendant’s conduct.
A cause that is foreseeable.
An event that is a breach of duty on the part of the defendant.
A defense to a plaintiff’s action where the plaintiff has knowingly entered into a risky activity that results in injury.

 

  1. In Title VII of the Civil Rights Act of 1964, Congress for the first time outlawed discrimination in employment based on race, sex, or national origin.
True
False

 

  1. Quid pro quo sexual harassment is said to exist when any part of the job is made conditional on sexual activity.
True
False

 

  1. At common law, an employee at will could be fired any time, and for any reason, or even for no reason at all.
True
False

 

  1. Title VII of the Civil Rights Act of 1964:
outlawed discrimination in employment based on race, religion, sex, or national origin.
outlawed hot cargo treatments between an employer and a labor union from two different industries.
declared the open shop type of agreements unlawful.
declared the closed shop type of agreements unlawful.
declared the agency shop type of agreements unlawful.

 

  1. Title VII established the _____ to investigate violations of the Civil Rights Act of 1964.
Labor Conference Board
National Mediation Board
Employment Tribunal
Occupational Safety and Health Review Commission
Equal Employment Opportunity Commission

 

  1. Which of the following is not covered by federal law?
Employment discrimination based on race
Employment discrimination based on color
Employment discrimination based on physical disabilities
Employment discrimination based on marital status
Employment discrimination based on religion

 

  1. The National Labor Relations Act is also known as the Norris-LaGuardia Act.
True
False

 

  1. The Supreme Court has said that an employer is not obligated to accept any particular term in a proposed collective bargaining agreement.
True
False

 

  1. Section 6 of the _____ Act says that labor unions are not “illegal combinations or conspiracies in restraint of trade, under the antitrust laws.”
Landrum-Griffin
Clayton
Norris-LaGuardia
Wagner
Taft-Hartley

 

  1. Which of the following requires a potential employee to belong to the union before being hired and to remain a member during employment?
An agency shop agreement
A closed shop agreement
An attractive nuisance agreement
A nonattractive nuisance agreement
A union shop agreement

 

  1. A general jurisdiction court is also known as a circuit court.
True
False

 

  1. Directed verdict is a verdict decided by the jury without advice from the judge.
True
False

 

  1. In an adjudication:
the judge is not free to say that the case is unimportant and that he therefore will ignore it.
an important feature is that the judge’s decision may not be reasoned.
evidence that is presented, but legal arguments that are not made, can be the basis for what the judge decides.
the burden of proof in a civil case is generally “beyond a reasonable doubt.”
judges can ignore cases like other branches of government that are free to ignore problems pressing upon them.

 

  1. The U.S. Supreme Court has articulated the view that it sets the framework for all other U.S. laws whether statutory or judicially created.
True
False

 

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