BUL 3310 Exam 1 FSU Bailey
Acts which are wrongful in themselves and prohibited by almost all civilizations are
classified as ______________crimes. - ✔️✔️Malum in se
The first of the pleadings in a civil case is filed by the plaintiff and contains the
allegations he is making against the defendant. This document is called the_________.
- ✔️✔️Complaint
Res judicata is best defined as - ✔️✔️A controversy that has been litigated and forever
settled between the parties
Today, scholars argue the role of the corporation is to maximize the return on
investment of shareholders.
True
False - ✔️✔️False
Deductive reasoning requires one to ____. - ✔️✔️use major and minor premises to
draw logical conclusions
It is the function of a grand jury to determine the guilt or innocence of a defendant in a
capital case.
True
False - ✔️✔️False
Big Corporation (BC) is an American business incorporated in the State of Delaware. Its
principal place of business is in New Jersey. Franklin lives in New York. For purposes of
diversity of citizenship, Big Corporation is a citizen of - ✔️✔️Both Delaware and New
Jersey
Sue failed to file an answer or respond in any way to a complaint and summons. The
court will enter a motion to dismiss against her.
True
False - ✔️✔️False
Most of the powers of the federal government enumerated in the Constitution are
powers shared with the states.
True
False - ✔️✔️False
The powers of the federal government are limited to those enumerated in the
Constitution
,True
False - ✔️✔️True
Selling alcohol to a minor is an example of a strict liability crime.
True
False - ✔️✔️True
For misdemeanors, the government brings charges against the accused in a
(n)__________. - ✔️✔️Information
Fat Frank's Pies falsified federally mandated tests on his "all natural no calorie" "Fat
Pies" to introduce a new type of weight-loss pie. Which of the following is true with
respect to his actions: - ✔️✔️Fat Frank behaved unethically
Fat Frank can potentially face criminal liability for his actions.
Fat Frank can be sued in tort in civil court.
Gaggle Inc. decides to wrongly infringe on Chirp Chirp's patent and establish a similar
"knock-off" product because Chirp Chirp is just a small start-up company and they lack
the money to litigate in court with Gaggle, Inc.
Gaggle, Inc. is: - ✔️✔️Unethically exploiting their power and size in the marketplace.
Bob's Beer Barn and Booze is in a price war with Lucy Liquor's. Bob has talked to his
attorney to find out if he can illegally bring a meritless lawsuit against Lucy that may
potentially shut her down. Which of the following best characterizes this scenario. -
✔️✔️This type of legal action cannot be ethically or legally justified.
All legal conduct is ethical?
True
False - ✔️✔️False
Ethical behavior often requires a higher standard than merely legal behavior.
True
False - ✔️✔️True
Ethical conduct never brings about new laws.
True
,False - ✔️✔️False
Gaggle, Inc., and Chirp Chirp, Inc., have their dispute resolved in arbitration. The
arbitrator makes an erroneous finding of fact. This is a ground for a court to review the
merits of the award.
True
False - ✔️✔️False
Gaggle, Inc., and Chirp Chirp, Inc., have their dispute resolved in arbitration. The
arbitrator makes an erroneous finding of fact. This is a ground for a court to review the
sufficiency of the evidence.
True
False - ✔️✔️False
Gaggle, Inc., and Chirp Chirp, Inc., have their dispute resolved in arbitration. The
arbitrator makes an erroneous finding of fact. This is a ground for a court to set aside
the award.
True
False - ✔️✔️False
Federal law prevails if federal and state statutes conflict.
True
False - ✔️✔️True
Police powers are part of the enumerated powers granted to the federal government.
True
False - ✔️✔️False
Powers not specifically delegated to the federal government or to the states are
reserved to the federal government.
True
False - ✔️✔️False
State statutes control whenever they conflict with federal statutes.
True
False - ✔️✔️False
Dicta is another term for "controlling precedent."
, True
False - ✔️✔️False
Courts may use which of the following to interpret the meaning and purpose of a piece
of federal legislation?
Rules of statutory interpretation
Minutes of committee hearings
The entire legislative history of the act
All of the above may be used by the courts. - ✔️✔️All of the above may be used by the
courts.
Legal reasoning limits one's ability to see more than one side of a question.
True
False - ✔️✔️False
Tort law is a subset of private law that seeks to compensate the injured party for the
loss caused by the actions of another.
True
False - ✔️✔️True
Profit-maximization theory holds ____. - ✔️✔️Rational self-interest can lead to
economic prosperity
Failure to obey the order of a court of equity can result in imprisonment.
True
False - ✔️✔️True
What is the minimum amount of damages a plaintiff must allege to get into Federal
District Court based on a federal question?
20
75000
100000
There is no jurisdictional amount when the issue is a federal question. - ✔️✔️There is
no jurisdictional amount when the issue is a federal question.
Acts which are wrongful in themselves and prohibited by almost all civilizations are
classified as ______________crimes. - ✔️✔️Malum in se
The first of the pleadings in a civil case is filed by the plaintiff and contains the
allegations he is making against the defendant. This document is called the_________.
- ✔️✔️Complaint
Res judicata is best defined as - ✔️✔️A controversy that has been litigated and forever
settled between the parties
Today, scholars argue the role of the corporation is to maximize the return on
investment of shareholders.
True
False - ✔️✔️False
Deductive reasoning requires one to ____. - ✔️✔️use major and minor premises to
draw logical conclusions
It is the function of a grand jury to determine the guilt or innocence of a defendant in a
capital case.
True
False - ✔️✔️False
Big Corporation (BC) is an American business incorporated in the State of Delaware. Its
principal place of business is in New Jersey. Franklin lives in New York. For purposes of
diversity of citizenship, Big Corporation is a citizen of - ✔️✔️Both Delaware and New
Jersey
Sue failed to file an answer or respond in any way to a complaint and summons. The
court will enter a motion to dismiss against her.
True
False - ✔️✔️False
Most of the powers of the federal government enumerated in the Constitution are
powers shared with the states.
True
False - ✔️✔️False
The powers of the federal government are limited to those enumerated in the
Constitution
,True
False - ✔️✔️True
Selling alcohol to a minor is an example of a strict liability crime.
True
False - ✔️✔️True
For misdemeanors, the government brings charges against the accused in a
(n)__________. - ✔️✔️Information
Fat Frank's Pies falsified federally mandated tests on his "all natural no calorie" "Fat
Pies" to introduce a new type of weight-loss pie. Which of the following is true with
respect to his actions: - ✔️✔️Fat Frank behaved unethically
Fat Frank can potentially face criminal liability for his actions.
Fat Frank can be sued in tort in civil court.
Gaggle Inc. decides to wrongly infringe on Chirp Chirp's patent and establish a similar
"knock-off" product because Chirp Chirp is just a small start-up company and they lack
the money to litigate in court with Gaggle, Inc.
Gaggle, Inc. is: - ✔️✔️Unethically exploiting their power and size in the marketplace.
Bob's Beer Barn and Booze is in a price war with Lucy Liquor's. Bob has talked to his
attorney to find out if he can illegally bring a meritless lawsuit against Lucy that may
potentially shut her down. Which of the following best characterizes this scenario. -
✔️✔️This type of legal action cannot be ethically or legally justified.
All legal conduct is ethical?
True
False - ✔️✔️False
Ethical behavior often requires a higher standard than merely legal behavior.
True
False - ✔️✔️True
Ethical conduct never brings about new laws.
True
,False - ✔️✔️False
Gaggle, Inc., and Chirp Chirp, Inc., have their dispute resolved in arbitration. The
arbitrator makes an erroneous finding of fact. This is a ground for a court to review the
merits of the award.
True
False - ✔️✔️False
Gaggle, Inc., and Chirp Chirp, Inc., have their dispute resolved in arbitration. The
arbitrator makes an erroneous finding of fact. This is a ground for a court to review the
sufficiency of the evidence.
True
False - ✔️✔️False
Gaggle, Inc., and Chirp Chirp, Inc., have their dispute resolved in arbitration. The
arbitrator makes an erroneous finding of fact. This is a ground for a court to set aside
the award.
True
False - ✔️✔️False
Federal law prevails if federal and state statutes conflict.
True
False - ✔️✔️True
Police powers are part of the enumerated powers granted to the federal government.
True
False - ✔️✔️False
Powers not specifically delegated to the federal government or to the states are
reserved to the federal government.
True
False - ✔️✔️False
State statutes control whenever they conflict with federal statutes.
True
False - ✔️✔️False
Dicta is another term for "controlling precedent."
, True
False - ✔️✔️False
Courts may use which of the following to interpret the meaning and purpose of a piece
of federal legislation?
Rules of statutory interpretation
Minutes of committee hearings
The entire legislative history of the act
All of the above may be used by the courts. - ✔️✔️All of the above may be used by the
courts.
Legal reasoning limits one's ability to see more than one side of a question.
True
False - ✔️✔️False
Tort law is a subset of private law that seeks to compensate the injured party for the
loss caused by the actions of another.
True
False - ✔️✔️True
Profit-maximization theory holds ____. - ✔️✔️Rational self-interest can lead to
economic prosperity
Failure to obey the order of a court of equity can result in imprisonment.
True
False - ✔️✔️True
What is the minimum amount of damages a plaintiff must allege to get into Federal
District Court based on a federal question?
20
75000
100000
There is no jurisdictional amount when the issue is a federal question. - ✔️✔️There is
no jurisdictional amount when the issue is a federal question.
