Blaw 341 Cahoy Exam 1 Questions and
Verified Answers
Question 1
Federal Rules of Civil Procedure
Correct Answer
provides the DETAILS concerning PROCEDURES to be followed in federal court
litigation
Question 2
Federal District Courts
Correct Answer
are the TRIAL COURTS of the federal jurisdiction system
Question 3
Settlements
Correct Answer
- both parties in litigation are losers (because winner still has to pay lawyer fees,
even though loser pays court costs)
Page 1 of 50
,Question 4
Overbreadth Doctrine***
Correct Answer
an individual is permitted to CHALLENGE A STATUE (legislation) because it
THREATENS OTHER PEOPLE NOT BEFORE THE COURT.
the person is allowed to challenge the statue because others who may want to
engage in legally expression may refrain from doing so because of prosecution.
- it means that the legislators have gone too far in seeking to achieve a goal
ex: drug dealer is afraid to go to court about drug laws, but someone else stands up
Question 5
Due Process
Correct Answer
government may NOT ACT in a manner that is ARBITRARY, UNPREDICTABLE, or
UNREASONABLE
Question 6
Appellate Courts
Correct Answer
congress created 12 US COURTS OF APPEAL + a special COURT OF APPEALS for the
Federal circuit
Question 7
14th Amendment's CLAUSES
Correct Answer
3 important CLAUSES:
1. PRIVILEGES and IMMUNITY
2. DUE PROCESS
3. EQUAL PROTECTION
Page 2 of 50
,Question 8
Bill of Rights
Correct Answer
provides clear statement of individual's FREEDOMS and PROTECTIONS from
GOVERNMENT action
- first 10 amendments were ratified in 1791
- total of 27 amendments
13th --> abolish slavery
14th --> provides protection to citizens against the actions of the states (citizens
not responsible for state actions)
16th --> federal income tax
18th --> prohibition
21st --> repealed 18th
Question 9
Supremacy Clause
Correct Answer
courts may be called upon to decide if STATE LAW is invalid because it CONFLICTS
WITH FEDERAL LAW
Question 10
Legal Sanctions
Correct Answer
methods to encourage compliance with the obedience to the law (form of
punishment for violating the law)
Question 11
Tort
Correct Answer
a CIVIL WRONG other that breach of contract
Page 3 of 50
, Question 12
Procedural Law
Correct Answer
deals with the method and means by which Substantive law is made and
administered
ex: time allowed for one party to sue another & the rules of law governing the
process of the lawsuit
Question 13
Obscenity
Correct Answer
unprotected by freedom of speech
1. speech indecent interest in sex
2. speech depicted in patently offensive way, sexual conduct
3. Lacks literacy, artistic, political, or scientific value
Question 14
Freedom of the Press
Correct Answer
(the publishing business is the ONLY organized private business given explicit
constitutional protection)
Defamation and Actual Malice
Question 15
Private Law
Correct Answer
Covers the legal problems and issues that concern your private resource relations
with other people
-Property Law
-Contract Law
-Tort Law
Page 4 of 50
Verified Answers
Question 1
Federal Rules of Civil Procedure
Correct Answer
provides the DETAILS concerning PROCEDURES to be followed in federal court
litigation
Question 2
Federal District Courts
Correct Answer
are the TRIAL COURTS of the federal jurisdiction system
Question 3
Settlements
Correct Answer
- both parties in litigation are losers (because winner still has to pay lawyer fees,
even though loser pays court costs)
Page 1 of 50
,Question 4
Overbreadth Doctrine***
Correct Answer
an individual is permitted to CHALLENGE A STATUE (legislation) because it
THREATENS OTHER PEOPLE NOT BEFORE THE COURT.
the person is allowed to challenge the statue because others who may want to
engage in legally expression may refrain from doing so because of prosecution.
- it means that the legislators have gone too far in seeking to achieve a goal
ex: drug dealer is afraid to go to court about drug laws, but someone else stands up
Question 5
Due Process
Correct Answer
government may NOT ACT in a manner that is ARBITRARY, UNPREDICTABLE, or
UNREASONABLE
Question 6
Appellate Courts
Correct Answer
congress created 12 US COURTS OF APPEAL + a special COURT OF APPEALS for the
Federal circuit
Question 7
14th Amendment's CLAUSES
Correct Answer
3 important CLAUSES:
1. PRIVILEGES and IMMUNITY
2. DUE PROCESS
3. EQUAL PROTECTION
Page 2 of 50
,Question 8
Bill of Rights
Correct Answer
provides clear statement of individual's FREEDOMS and PROTECTIONS from
GOVERNMENT action
- first 10 amendments were ratified in 1791
- total of 27 amendments
13th --> abolish slavery
14th --> provides protection to citizens against the actions of the states (citizens
not responsible for state actions)
16th --> federal income tax
18th --> prohibition
21st --> repealed 18th
Question 9
Supremacy Clause
Correct Answer
courts may be called upon to decide if STATE LAW is invalid because it CONFLICTS
WITH FEDERAL LAW
Question 10
Legal Sanctions
Correct Answer
methods to encourage compliance with the obedience to the law (form of
punishment for violating the law)
Question 11
Tort
Correct Answer
a CIVIL WRONG other that breach of contract
Page 3 of 50
, Question 12
Procedural Law
Correct Answer
deals with the method and means by which Substantive law is made and
administered
ex: time allowed for one party to sue another & the rules of law governing the
process of the lawsuit
Question 13
Obscenity
Correct Answer
unprotected by freedom of speech
1. speech indecent interest in sex
2. speech depicted in patently offensive way, sexual conduct
3. Lacks literacy, artistic, political, or scientific value
Question 14
Freedom of the Press
Correct Answer
(the publishing business is the ONLY organized private business given explicit
constitutional protection)
Defamation and Actual Malice
Question 15
Private Law
Correct Answer
Covers the legal problems and issues that concern your private resource relations
with other people
-Property Law
-Contract Law
-Tort Law
Page 4 of 50
