M100-Business 18-Practice Test
Questions and All Correct Answers.
When a conflicting common law rule is inconsistent with an administrative regulation, which
prevails? - Answer The administrative regulation
What is a statute? - Answer Laws made by Congress or a state legislature
Which of the following takes priority over a federal statute? - Answer the US Constitution
The doctrine of standing to sue implies that: - Answer the plaintiff has a substantial stake in
the litigation.
The Bill of Rights to the U.S. Constitution is an example of: - Answer a prohibition of
government action that would restrict certain individual rights.
Which of the following is not a function of the law discussed in the text? - Answer Promoting
societal norms
Cases are said to be _____ when there no longer is a real dispute between the parties. - Answer
moot
What are legal rules in prior cases called? - Answer Precedents
Although the president or a state's governor does not have typical law-making powers, these
officials have limited power to issue laws called: - Answer executive orders.
Which of the following is also called "judge-made law"? - Answer common law
The _____ are the documents the parties file with the court when they first state their
respective claims and defenses. - Answer pleadings
Which of the following notifies the defendant that he, she, or it is being sued? - Answer
Summons
What is a court's power to hear a case and to issue a decision binding on the parties called? -
Answer JUrisdiction
,A(n) _____ must state the remedy requested in the case. - Answer complaint
What are depositions? - Answer Written questions directed to a party, answered in writing,
and signed under oath.
Mike sues Randy for "aesthetic pollution." The basis for his suit is Randy's habit of wearing
clothes that Mike considers to be ugly. Mike's complaint offers details of Randy's "ugly" clothing
in many separate, numbered paragraphs. However, no law requires one to pay damages for
wearing clothes that another considers ugly and for causing aesthetic dissatisfaction to some
other party. Thus, Randy wants to defeat Mike's claim as fast as possible. The best procedural
device for doing so is the: - Answer motion for a directed verdict.
A method of alternative dispute resolution in which a neutral third party helps the parties reach
a cooperative resolution of their dispute by facilitating communication between them, clarifying
their areas of agreement and disagreement, helping see each other's viewpoints, and
suggesting settlement options, but who cannot make decisions that bind the parties, is called: -
Answer mediation
Today, most appealable decisions from the lower courts fall within the Supreme Court's _____
jurisdiction, under which the Court has discretion whether to hear the appeal. - Answer
certiorari
Contracts sometimes contain a provision reciting that disputes between the parties regarding
matters connected with the contract must be litigated in the courts of a particular state. What is
such a provision called? - Answer Forum selection clause
Which of the following is the standard of proof in a civil case? - Answer Substantial evidence
Under the Takings Clause, a "taking": - Answer occurs when the government uses formal
eminent domain procedures to condemn private property.
Which of the following is true of noncommercial speech? - Answer It receives the full benefit
of the First Amendment protection.
What is the main purpose of the taxing power? - Answer To raise revenue for the federal
government.
The U.S. Constitution provides distinct powers to Congress, the President, and the federal
courts. This is the principle of: - Answer Separation of powers
, What was the original reason for granting Congress the power to regulate interstate commerce
after the Revolution? - Answer To block protectionist state restrictions on interstate trade
Which of the following prevents the federal government from depriving "any person of life,
liberty, or property, without due process of law"? - Answer 5th amendment
The First Amendment provides that "Congress shall make no law ... abridging the freedom of
speech." What is often described as being at the "core" of the First Amendment? - Answer
Commercial speech
Which of the following is a fundamental principal of American government, guaranteed by the
Constitution, whereby each branch has some measure of influence over the other branches and
may choose to block procedures of the other branches? - Answer Checks and balances
Which of the following is a characteristic of the "Takings Clause"? - Answer It protects the
public from government intrusion onto their property.
The equal protection standard is generally judged in a lenient manner. However, laws that
discriminate regarding _____ are made to undergo a much more rigorous test. - Answer race
_____ is defined as the desire to cause certain consequences or the substantial certainty that
those consequences will result from one's behavior. - Answer Intent
What is the standard of proof that the plaintiff must satisfy in a tort case? - Answer
Preponderance of proof
Dave tells Dora that Phil, a financial advisor, has been stealing money from his clients. Dora then
repeats Dave's statement to Tom, telling Tom that the information comes from Dave. All these
statements are oral, defamatory, and false. Phil sues Dave and Dora for defamation. Which of
the following is true? (Don't consider defenses and privileges.) - Answer Phil must prove
special damages in order to recover against Dave and Dora.
The defendant's intentional exercise of dominion or control over the plaintiff's personal
property without the plaintiff's consent is called: - Answer Conversion
The necessary intent for assault is the same as that required for battery, which is to cause: -
Answer Offensive Contact
What type of damages are awarded to an injured party in a tort case to cover damages for the
harm that the injured party suffered? - Answer Compensatory Damages
Questions and All Correct Answers.
When a conflicting common law rule is inconsistent with an administrative regulation, which
prevails? - Answer The administrative regulation
What is a statute? - Answer Laws made by Congress or a state legislature
Which of the following takes priority over a federal statute? - Answer the US Constitution
The doctrine of standing to sue implies that: - Answer the plaintiff has a substantial stake in
the litigation.
The Bill of Rights to the U.S. Constitution is an example of: - Answer a prohibition of
government action that would restrict certain individual rights.
Which of the following is not a function of the law discussed in the text? - Answer Promoting
societal norms
Cases are said to be _____ when there no longer is a real dispute between the parties. - Answer
moot
What are legal rules in prior cases called? - Answer Precedents
Although the president or a state's governor does not have typical law-making powers, these
officials have limited power to issue laws called: - Answer executive orders.
Which of the following is also called "judge-made law"? - Answer common law
The _____ are the documents the parties file with the court when they first state their
respective claims and defenses. - Answer pleadings
Which of the following notifies the defendant that he, she, or it is being sued? - Answer
Summons
What is a court's power to hear a case and to issue a decision binding on the parties called? -
Answer JUrisdiction
,A(n) _____ must state the remedy requested in the case. - Answer complaint
What are depositions? - Answer Written questions directed to a party, answered in writing,
and signed under oath.
Mike sues Randy for "aesthetic pollution." The basis for his suit is Randy's habit of wearing
clothes that Mike considers to be ugly. Mike's complaint offers details of Randy's "ugly" clothing
in many separate, numbered paragraphs. However, no law requires one to pay damages for
wearing clothes that another considers ugly and for causing aesthetic dissatisfaction to some
other party. Thus, Randy wants to defeat Mike's claim as fast as possible. The best procedural
device for doing so is the: - Answer motion for a directed verdict.
A method of alternative dispute resolution in which a neutral third party helps the parties reach
a cooperative resolution of their dispute by facilitating communication between them, clarifying
their areas of agreement and disagreement, helping see each other's viewpoints, and
suggesting settlement options, but who cannot make decisions that bind the parties, is called: -
Answer mediation
Today, most appealable decisions from the lower courts fall within the Supreme Court's _____
jurisdiction, under which the Court has discretion whether to hear the appeal. - Answer
certiorari
Contracts sometimes contain a provision reciting that disputes between the parties regarding
matters connected with the contract must be litigated in the courts of a particular state. What is
such a provision called? - Answer Forum selection clause
Which of the following is the standard of proof in a civil case? - Answer Substantial evidence
Under the Takings Clause, a "taking": - Answer occurs when the government uses formal
eminent domain procedures to condemn private property.
Which of the following is true of noncommercial speech? - Answer It receives the full benefit
of the First Amendment protection.
What is the main purpose of the taxing power? - Answer To raise revenue for the federal
government.
The U.S. Constitution provides distinct powers to Congress, the President, and the federal
courts. This is the principle of: - Answer Separation of powers
, What was the original reason for granting Congress the power to regulate interstate commerce
after the Revolution? - Answer To block protectionist state restrictions on interstate trade
Which of the following prevents the federal government from depriving "any person of life,
liberty, or property, without due process of law"? - Answer 5th amendment
The First Amendment provides that "Congress shall make no law ... abridging the freedom of
speech." What is often described as being at the "core" of the First Amendment? - Answer
Commercial speech
Which of the following is a fundamental principal of American government, guaranteed by the
Constitution, whereby each branch has some measure of influence over the other branches and
may choose to block procedures of the other branches? - Answer Checks and balances
Which of the following is a characteristic of the "Takings Clause"? - Answer It protects the
public from government intrusion onto their property.
The equal protection standard is generally judged in a lenient manner. However, laws that
discriminate regarding _____ are made to undergo a much more rigorous test. - Answer race
_____ is defined as the desire to cause certain consequences or the substantial certainty that
those consequences will result from one's behavior. - Answer Intent
What is the standard of proof that the plaintiff must satisfy in a tort case? - Answer
Preponderance of proof
Dave tells Dora that Phil, a financial advisor, has been stealing money from his clients. Dora then
repeats Dave's statement to Tom, telling Tom that the information comes from Dave. All these
statements are oral, defamatory, and false. Phil sues Dave and Dora for defamation. Which of
the following is true? (Don't consider defenses and privileges.) - Answer Phil must prove
special damages in order to recover against Dave and Dora.
The defendant's intentional exercise of dominion or control over the plaintiff's personal
property without the plaintiff's consent is called: - Answer Conversion
The necessary intent for assault is the same as that required for battery, which is to cause: -
Answer Offensive Contact
What type of damages are awarded to an injured party in a tort case to cover damages for the
harm that the injured party suffered? - Answer Compensatory Damages
