Question
______________________ generally is defined as the principles governing what constitutes right or wrong behavior. Theft Ethics Common law Litigation ________________________ are laws enacted by legislative
______________________ generally is defined as the principles governing what constitutes right or wrong behavior.
Theft
Ethics
Common law
Litigation
________________________ are laws enacted by legislative bodies such as Congress or state legislatures.
Constitutions
Statutory law
Case law
Ethics
In the United States, the _______________________ is the supreme law of the land.
ordinances
California Constitution
administrative law
U.S. Constitution
When there is a direct conflict between a decision by the federal Environmental Protection Agency (EPA) on a matter that comes within the EPA's jurisdiction and a Delaware state law
both the EPA decision and the Delaware state law are invalid
both the EPA decision and the Delaware state law apply
Delaware's state law takes precedence
the EPA's decision takes precedence
The party who is being sued is the
precedent
defendant
judge
plaintiff
Following precedent so that legal principles in earlier cases are followed in later cases is
injunction
remedy at law
appellant
stare decisis
The general jurisdiction trial court in the federal system is called the
Small Claims Court
United States District Court
United States Bankruptcy Court
United States Supreme Court
The U.S. Federal Trade Commission (FTC) is an example of:
A state court of limited jurisdiction
A federal court of general jurisdiction
A branch of the U.S. Supreme Court
A federal administrative agency
The party who loses the case at the trial level and who brings the appeal is called the
judge
respondent
appellant
appellee
________________ refers to the emerging body of law that governs transactions conducted via the internet.
Appellant
Administrative law
Cyberlaw
Jurisdiction
Which type of court opinion presents the views of one or more judges who disagree with the majority view?
Majority opinion
Concurring opinion
Plurality opinion
Dissenting opinion
True or false?
No federal statute may violate the U.S. Constitution, and no state statute or local ordinance may violate the U.S. Constitution or the relevant state constitution.
False
True
standing
minimum contact
jurisdiction
Certiorari
In which courts are trials held and testimony taken?
only the U.S. Supreme Court
all state supreme courts
trial courts
courts of appeal
True or False?
The U.S. Supreme Court is required to issue a writ of certiorari for every party who requests (petitions) the Court to hear their case.
False
True
Pam, a Texas resident, was injured in an automobile accident while driving in Iowa, when she was struck by a drunk driver, David, who lives in Florida. Pam's injuries total $200,000. In which court or courts can Pam properly file a lawsuit? (Give the BEST answer)
only a federal trial court in Iowa or Texas
a state or federal trial court in Texas
a state or federal trial court in Iowa or Florida
a state trial court but not a federal trial court in Iowa
If the plaintiff and defendant in a case are from the same state and the amount of damages claimed by the plaintiff is $60,000, where can the plaintiff file her lawsuit?
in a state court only
in a federal court only
in either a state or federal court
in small claims court only
The term for jurisdiction based on the location of a piece of property is __________________.
in rem jurisdiction
small claims court jurisdiction
de facto jurisdiction
long-arm jurisdiction
Before a party can bring a lawsuit to court, that party must have ________________________, or a sufficient stake in a matter to justify seeking relief through the court system.
a smartphone
venue
standing to sue
appellate jurisdiction
Which type of statutes allow a court to exercise personal jurisdiction over certain out-of-state defendants based on activities that took place within the state?
small claims statutes
long arm statutes
statutes of limitations
ordinances
Which kinds of cases are usually subject to exclusive state jurisdiction?
bankruptcy
copyrights
trademarks
divorce and adoption
_____________________ is concerned with the most appropriate location for a trial.
Cyberspace
Venue
Standing to sue
Subject matter jurisdiction
Before going to trial, the parties in a lawsuit meet, with their attorneys, and a neutral third party, to try to resolve their dispute. The third party assists them in reaching a settlement. This is:
discovery
arbitration
mediation
a verdict
A form of alternative dispute resolution (ADR), in which a neutral third party hears a dispute and issues a decision called an award is called ________________________.
mediation
discovery
negotiation
arbitration
- After being served with a complaint and summons, the defendant being sued should respond with _____________________.
an appeal
an answer
an intervention
an opening statement
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