Business Law Exam AND ACCURATE
ANSWERS
all states have an intermediate court of appeal between the trial and supreme courts -
ANSWER-false
appeals to Circuit Courts... - ANSWER-are by right
appeals to the Supreme Court... - ANSWER-are by writs of certiorari
appellate court reviews... - ANSWER-legal questions and factual errors which amount to
errors of law
appellate judges - ANSWER-review trial proceedings for errors of law or facts which
prevented a litigant from receiving a fair trial. rarely deal with litigants.
appellate judges actively question litigants before making a decision in a case on appeal
- ANSWER-false
attempts to suppress commercial speech... - ANSWER-subject to intermediate scrutiny
attempts to suppress political speech... - ANSWER-must pass strict scrutiny
burden of proof in a civil case - ANSWER-clear and convincing and preponderance of
the evidence
burden of proof in a criminal trial - ANSWER-beyond a reasonable doubt
can standing ever be waived? - ANSWER-no, it is always at issue
civil law - ANSWER-does public policy consider the wrong as one against an individual
commerce clause - ANSWER-gives Congress the broadest authority to regulate
commerce among the states and business
2 reasons president can be impeached - ANSWER-high crimes and misdemeanors
a bill is not a law until... - ANSWER-the president signs it
active commerce clause - ANSWER-are the goods moving in interstate commerce or is
the intrastate activity, in the aggregate, likely to have a substantial impact on interstate
commerce?
, all laws create classifications - ANSWER-some people are benefitted by a law and
some are burdened
common law courts are bound by stare decisis... - ANSWER-unless a court decides a
precedent should no longer be followed
constitutions prevail over statutes - ANSWER-statutes prevail over judicial decisions
criminal and taxing laws are... - ANSWER-narrowly construed
criminal law - ANSWER-does public policy consider the wrong as one against society as
a whole
defin substantive law - ANSWER-create rights, duties, and privileges consistent with
public policy at the time of enactment
define answer - ANSWER-defendants response to plaintiff's allegations and any
defenses available to the defendant
define appellant - ANSWER-the party bringing the appeal
define appellee - ANSWER-the party responding to the appeal
define civil law - ANSWER-civil law countries have codified their laws
define common law - ANSWER-came from England. rules and analytical methods used
by judges became law
define complaint - ANSWER-a document containing a statement of the plaintiff's
reasons for suing the defendant
define cross examination - ANSWER-leading questions are permitted. adverse
witnesses are subject to cross examination
define direct examination - ANSWER-no leading questions are allowed. a party subjects
its witnesses to direct examination
define judgement notwithstanding the verdict - ANSWER-a reasonable jury would not
have reached the result based upon the evidence
define judicial review - ANSWER-the power of the judiciary to review the actions of the
other branches and to set them aside if in violation of the Constitution
define jurisdiction - ANSWER-the power to hear the case and grant a remedy
ANSWERS
all states have an intermediate court of appeal between the trial and supreme courts -
ANSWER-false
appeals to Circuit Courts... - ANSWER-are by right
appeals to the Supreme Court... - ANSWER-are by writs of certiorari
appellate court reviews... - ANSWER-legal questions and factual errors which amount to
errors of law
appellate judges - ANSWER-review trial proceedings for errors of law or facts which
prevented a litigant from receiving a fair trial. rarely deal with litigants.
appellate judges actively question litigants before making a decision in a case on appeal
- ANSWER-false
attempts to suppress commercial speech... - ANSWER-subject to intermediate scrutiny
attempts to suppress political speech... - ANSWER-must pass strict scrutiny
burden of proof in a civil case - ANSWER-clear and convincing and preponderance of
the evidence
burden of proof in a criminal trial - ANSWER-beyond a reasonable doubt
can standing ever be waived? - ANSWER-no, it is always at issue
civil law - ANSWER-does public policy consider the wrong as one against an individual
commerce clause - ANSWER-gives Congress the broadest authority to regulate
commerce among the states and business
2 reasons president can be impeached - ANSWER-high crimes and misdemeanors
a bill is not a law until... - ANSWER-the president signs it
active commerce clause - ANSWER-are the goods moving in interstate commerce or is
the intrastate activity, in the aggregate, likely to have a substantial impact on interstate
commerce?
, all laws create classifications - ANSWER-some people are benefitted by a law and
some are burdened
common law courts are bound by stare decisis... - ANSWER-unless a court decides a
precedent should no longer be followed
constitutions prevail over statutes - ANSWER-statutes prevail over judicial decisions
criminal and taxing laws are... - ANSWER-narrowly construed
criminal law - ANSWER-does public policy consider the wrong as one against society as
a whole
defin substantive law - ANSWER-create rights, duties, and privileges consistent with
public policy at the time of enactment
define answer - ANSWER-defendants response to plaintiff's allegations and any
defenses available to the defendant
define appellant - ANSWER-the party bringing the appeal
define appellee - ANSWER-the party responding to the appeal
define civil law - ANSWER-civil law countries have codified their laws
define common law - ANSWER-came from England. rules and analytical methods used
by judges became law
define complaint - ANSWER-a document containing a statement of the plaintiff's
reasons for suing the defendant
define cross examination - ANSWER-leading questions are permitted. adverse
witnesses are subject to cross examination
define direct examination - ANSWER-no leading questions are allowed. a party subjects
its witnesses to direct examination
define judgement notwithstanding the verdict - ANSWER-a reasonable jury would not
have reached the result based upon the evidence
define judicial review - ANSWER-the power of the judiciary to review the actions of the
other branches and to set them aside if in violation of the Constitution
define jurisdiction - ANSWER-the power to hear the case and grant a remedy
