BUS LAW 201- MIDTERM EXAM QUESTIONS WITH
ACCURATE ANSWERS
14th ammendment correct answer Due process= limits the ability of the
government to restrict freedoms of life, liberty, and the property
Equal protection= government generally treats people the same (age restrictions
are common but restrictions based on sex, race, or disability are scrutinized)
Absolute Privilege correct answer legislators, judges, government executives
engaged in their duties
Adversary System correct answer the first pleading is the complaint- sets the
allegations for the lawsuit (the facts for the court to take jurisdiction, the facts
needed to claim the plaintiff is entitled to a remedy, the remedy that the plaintiff
is seeking)
The response to the complaint will be a motion to dismiss, followed by an answer
If it cannot be settled then it goes to trial
adverse posession correct answer If someone makes use of another's land for
long enough, he can claim legal ownership of it
Actual, Open, Hostile, Exclusive, and Continuous
Affirmative Defense correct answer examples are insanity, self-defense, etc
,Alibi correct answer evidence that he or she did not commit the crime
Alternative Dispute Resolution (ADR) correct answer The resolution of disputes in
ways other than those involved in the traditional judicial process
Negotiation- work it out between parties
mediation- individual party guides the judicial process
arbitration- an expert in the field can settle the dispute
cheaper, faster, and gives the parties more control over the process
Answer correct answer focuses on the merits of the Complaint, responding to
each with an admission or a denial. It must also contain counterclaims the
Defendant has against the Plaintiff
Appeal correct answer when a party that disagrees with the outcome they can
appeal to a higher court to change the outcome
after a case is resolved and judgement is final, the prevailing party has to enforce
its judgement
appellate jurisdiction correct answer The authority of a court to review decisions
made by lower courts
areas where state cannot regulate correct answer postal
, interstate commerce
where the federal government has entered (preemption)
Areas where the state can go beyond the federal government correct answer
environmental protection
additional classes protected from discrimination
assualt correct answer To intend to place another in imminent fear of harmful or
offensive conduct and then to do so
Ex: swinging a bat at someone's head
Battery correct answer An unlawful touching, which is intentional physical contact
without consent
Ex: striking another person's head with the bat
beneficiary correct answer holds an equitable title in the property and the trustee
must manage it for the benefit of the beneficiary
Bill of rights correct answer The first ten amendments to the Constitution
Business and free speech correct answer can discuss truthfully and honestly
no prior restraint= court cannot stop something from being published before it is
published
ACCURATE ANSWERS
14th ammendment correct answer Due process= limits the ability of the
government to restrict freedoms of life, liberty, and the property
Equal protection= government generally treats people the same (age restrictions
are common but restrictions based on sex, race, or disability are scrutinized)
Absolute Privilege correct answer legislators, judges, government executives
engaged in their duties
Adversary System correct answer the first pleading is the complaint- sets the
allegations for the lawsuit (the facts for the court to take jurisdiction, the facts
needed to claim the plaintiff is entitled to a remedy, the remedy that the plaintiff
is seeking)
The response to the complaint will be a motion to dismiss, followed by an answer
If it cannot be settled then it goes to trial
adverse posession correct answer If someone makes use of another's land for
long enough, he can claim legal ownership of it
Actual, Open, Hostile, Exclusive, and Continuous
Affirmative Defense correct answer examples are insanity, self-defense, etc
,Alibi correct answer evidence that he or she did not commit the crime
Alternative Dispute Resolution (ADR) correct answer The resolution of disputes in
ways other than those involved in the traditional judicial process
Negotiation- work it out between parties
mediation- individual party guides the judicial process
arbitration- an expert in the field can settle the dispute
cheaper, faster, and gives the parties more control over the process
Answer correct answer focuses on the merits of the Complaint, responding to
each with an admission or a denial. It must also contain counterclaims the
Defendant has against the Plaintiff
Appeal correct answer when a party that disagrees with the outcome they can
appeal to a higher court to change the outcome
after a case is resolved and judgement is final, the prevailing party has to enforce
its judgement
appellate jurisdiction correct answer The authority of a court to review decisions
made by lower courts
areas where state cannot regulate correct answer postal
, interstate commerce
where the federal government has entered (preemption)
Areas where the state can go beyond the federal government correct answer
environmental protection
additional classes protected from discrimination
assualt correct answer To intend to place another in imminent fear of harmful or
offensive conduct and then to do so
Ex: swinging a bat at someone's head
Battery correct answer An unlawful touching, which is intentional physical contact
without consent
Ex: striking another person's head with the bat
beneficiary correct answer holds an equitable title in the property and the trustee
must manage it for the benefit of the beneficiary
Bill of rights correct answer The first ten amendments to the Constitution
Business and free speech correct answer can discuss truthfully and honestly
no prior restraint= court cannot stop something from being published before it is
published
