It is said that the law should be viewed as a delicate balancing act because: - Answers C) one
company's contract rights may be upheld at the expense of another's
While one person has found the actual intent of the law, the other has missed its true meaning.
This duality in law is the balance between: - Answers A) The spirit and the letter of law
The basic law of a nation or state typically is the: - Answers C) constitution
While living in Oregon, Lillian was accused of molesting several children in Idaho five years
earlier, where she had worked as a social worker. Lillian could be brought back to Idaho for trial:
- Answers D) under Article IV of the U.S. Constitution
Article III of the U.S. Constitution: - Answers C) provides for trial by jury for crimes
Which of the following Articles of the U.S. Constitution provides for the original ratification of
the Constitution. - Answers C) Article VII
__________________ is the process by which the courts decide that a federal statute must take
precedence over a state statute. - Answers D) Preemption
_____________________ includes the freedom of the press, freedom of speech, freedom of
assembly, and freedom of religion. - Answers A) The Bill of Rights
Laws passed by a legislature are known as _____ - Answers D) statutes
If Texas attempted to make a trade agreement with Mexico, opposed to the Constitution that
establishes tariffs and importing conditions for goods made in Mexico, the U.S. Constitutional
objection to Texas' actions would be based upon: - Answers D) the principle of supremacy
Codes subdivided into groupings of statutes that deal with a particular area of the law are: -
Answers A) titles
______________________________ is a unified set of statutes designed to govern almost all
commercial transactions. - Answers B) The Uniform Commercial Code
Which of the following refers to the body of previously recorded legal decisions made by the
courts in specific cases? - Answers D) Common law
If there are no modern court decisions or statutes dealing with an issue in dispute, the court
hearing the case: - Answers A) will apply common law
Typically, if a decision is made by the Florida Supreme Court, it would be: - Answers B) binding in
all Florida state courts
The _____ is played out every time a plaintiff and defendant place their case in the hands of a
, judge or jury. - Answers B) uncertainty principle
Most courts with appellate jurisdiction are empowered to determine whether the lower courts
have made errors of law. This process is referred to as: - Answers A) plenary review
Courts with the power to hear any type of case are said to exercise: - Answers C) general
jurisdiction
Probate courts and courts of claims are examples of courts with - Answers A) special
jurisdiction
Joe, a citizen of Ohio, and Maria, a citizen of New Mexico, have an auto accident in New Mexico.
For a federal court to hear this case there must be: - Answers C) an amount over $75,000
involved
The Federal Circuit was established by Congress primarily to - Answers B) streamline and unify
patent law
The United States Supreme Court does not have original jurisdiction in which of the following
cases? - Answers B) Cases coming from state supreme courts
Gordon Gibbs grated his plow along his neighbor's driveway, ruining the driveway. The neighbor
wants Gordon to pay the $1,500 cost of paving the driveway. If this case enters litigation, it will
most likely be heard by: - Answers D) a small-claims court
A case in which one representative party files a lawsuit on behalf of all members of a group of
plaintiffs who share a single, similar injury is a(n): - Answers C) class action
A credit card company has cheated one million cardholders out of 50 cents each. Marlene, one
of the defrauded cardholders, wants to sue the credit card company but cannot find an attorney
who is willing to do this. Marlene should: - Answers D) bring a class action suit
Joe signed a promissory note for $5,000 to cover the cost of roofing repairs by Acme Roofing
Company. Acme transferred the note to Big Bank who sued Joe when he failed to pay the note.
Joe believes that Acme did not do the repairs properly. If Joe wants to bring Acme into court,
then Joe's answer should contain a: - Answers C) third-party complaint against Acme
Jose wants to question in person, Ellen, a witness, about her observation of an auto accident in
advance of a trial concerning the accident. Joe should: - Answers B) take Ellen's deposition
Requests for admissions: - Answers A) are made to secure a statement from a party that a
particular fact is true
Who typically conducts "direct examination"? - Answers A) The plaintiff's attorney
An equitable remedy may be all of the following except: - Answers B) damages