BUL3310 Exam 1 Questions with Correct Answers Already Passed
In deciding a case, a court will not use common law if there is a statute that applies to the dispute -
Answers True
Dicta is another term for "controlling precedent." - Answers False
One of the important powers of courts in the United States is to interpret legislation. - Answers True
Many areas of law important to businesses are governed by the Uniform Commercial Code. - Answers
True
The Executive, Legislative, and Judicial branches of the federal government each have their own unique
dutiesand functions. This arrangement constitutes a(n)__________separation of powers. - Answers
Horizontal
The town of Somerset passed a law forbidding parking on Main Street between the hours of 9:00 a.m.
and 4:00p.m. This is an example of an ordinance. - Answers True
If one obeys the law, one is necessarily also acting ethically because ethical standards of conduct and
legal standards of conduct are identical. - Answers False
Codes of Ethical Conduct adopted by businesses and professions often provide for sanctions against
individuals who violate the code - Answers True
Only decisions by the United States Supreme Court can have the status of res judicata. - Answers False
Criminal law is a subset of private law. - Answers False
It is good practice to include in a contract which state's law will govern disputes that arise under the
contract. - Answers True
Bill sued Ted for libel over statements Ted published in the company newsletter. A jury heard the case
and found that no libel had occurred because the statements were true. Bill is very unhappy with this
decision, but cannot sue Ted again over these statements because of the doctrine of - Answers Res
Judicada
A state Statute of Limitations which requires that suits for breach of contract be filed within 2 years of
the date of breach are examples of ___________laws. - Answers Procedural
The body of law that will be used to determine which state's law will apply in a multi-state transaction is
conflict of laws. - Answers True
The power of the judicial branch to declare that laws are invalid because they violate the Constitution is
known as____________________. - Answers Judicial review
Stare decisis translates as - Answers Stand by the decision
,The Internal Revenue Service (IRS) wants to fine Mike for violating a section of the Tax Code. Mike
believes that the IRS is misinterpreting the Code and that he has violated no laws. The Code section is
complex and its application is not clear. Using standard rules of statutory interpretation, the court that
hears this case will - Answers construe the punishment provision of the statute strictly in favor of Mike.
It is a violation of the separation of powers doctrine for State A to adopt a law identical to one adopted
by State B. - Answers False
Criminal law is a subset of private law. - Answers False
Stare decisis is typically of lesser importance to the Supreme Court in deciding constitutional issues than
to trial courts in deciding specific controversies. - Answers True
A basic principle of statutory interpretation is that specific provisions in the statute are of greater weight
than general provisions. - Answers True
Which of the following statements about the Uniform Commercial Code (UCC) is correct? - Answers The
UCC consists of identical statutes enacted by the states to provide businesses with consistent and
predictable laws.
Tort law is a subset of private law that seeks to compensate the injured party for the loss caused by the
actions of another. - Answers True
In deciding a case, a court will not use common law if there is a statute that applies to the dispute. -
Answers True
Assume that the Vermont legislature passed a bill prohibiting the sale within the state of detergents
containing certain chemicals harmful to the environment. Assume further that the governor signed the
bill into law. This law has the status of a(n)____________ . - Answers Statute
One of the important powers of courts in the United States is to interpret legislation. - Answers True
The Supreme Court case that created the doctrine of judicial review is - Answers Marbury v. Madison
Comments contained in judicial opinions that are not necessary to the decision of the case are called -
Answers Dicta
The Congress of the United States passed the Soldiers' and Sailors' Relief Act of 1940 and President
Franklin Roosevelt signed it into law. This Act has the status of a(n)____________. - Answers Statute
Courts often use transcripts of the legislative hearings and debates that preceded a law's passage to
determine the purpose and reach of a law. This background is called a law's legislative______________.
- Answers History
Which of the following statements about res judicata is correct? - Answers It binds the parties to the
decisions in a law suit so that neither can re-litigate the case.
, Anne, a resident of New York, is suing Bill, also a resident of New York, in a contract dispute that is
governed by New York state law. This controversy would be classified as a(n) __________________case.
- Answers Intrastate
If there is diversity of citizenship, the plaintiff may file the suit in federal district court. - Answers True
Federal district courts are the only trial courts that can hear cases involving - Answers Federal crimes
U. S. District Court in Vermont is hearing a case brought by a citizen of Vermont challenging the
constitutionality of one of the provisions of the U.S. Patriot Act, a federal statute. In deciding this case,
the court will use ______________substantive law and __________procedural law. - Answers
federal.........federal
When a federal district court hears a case based on a federal question, the minimum amount in
controversy must be - Answers There is no minimum amount for federal question jurisdiction.
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_________. - Answers Complaint
The purpose of the pre-trial conference in a civil case is to - Answers Settle a case without having to go
to trial
A major purpose of discovery is to encourage the parties to settle the case without going to trial. -
Answers True
Mark is suing Al for alienation of affection, claiming that Al stole his fiancée, Amy. His state no longer
recognizes alienation of affection as an issue that can be litigated. Which motion should Al file in
response to this suit? - Answers A motion to dismiss
The equitable equivalent of a default judgment is a nolo contendere decree. - Answers False
Which of the following is NOT a power of the courts? - Answers To create administrative agencies
Delia, a citizen of Delaware, wants to sue the state of Maryland for negligently maintaining a boat ramp
on which she sustained personal injuries. In which of the following courts could Delia file suit against
Maryland? - Answers Federal District Court in Maryland
A person who violates a decree from a court of equity can be jailed for contempt of court. - Answers
True
Delores is suing the CEO of a corporation in a civil suit for securities fraud which she claims he
committed in the initial public offering of his company's stock. The burden of proof Delores must meet
to prove securities fraud is - Answers By clear and convincing evidence
The requirement that someone have a personal stake or interest in the outcome of a case in order to be
a plaintiff is called _________________ to sue. - Answers Standing
In deciding a case, a court will not use common law if there is a statute that applies to the dispute -
Answers True
Dicta is another term for "controlling precedent." - Answers False
One of the important powers of courts in the United States is to interpret legislation. - Answers True
Many areas of law important to businesses are governed by the Uniform Commercial Code. - Answers
True
The Executive, Legislative, and Judicial branches of the federal government each have their own unique
dutiesand functions. This arrangement constitutes a(n)__________separation of powers. - Answers
Horizontal
The town of Somerset passed a law forbidding parking on Main Street between the hours of 9:00 a.m.
and 4:00p.m. This is an example of an ordinance. - Answers True
If one obeys the law, one is necessarily also acting ethically because ethical standards of conduct and
legal standards of conduct are identical. - Answers False
Codes of Ethical Conduct adopted by businesses and professions often provide for sanctions against
individuals who violate the code - Answers True
Only decisions by the United States Supreme Court can have the status of res judicata. - Answers False
Criminal law is a subset of private law. - Answers False
It is good practice to include in a contract which state's law will govern disputes that arise under the
contract. - Answers True
Bill sued Ted for libel over statements Ted published in the company newsletter. A jury heard the case
and found that no libel had occurred because the statements were true. Bill is very unhappy with this
decision, but cannot sue Ted again over these statements because of the doctrine of - Answers Res
Judicada
A state Statute of Limitations which requires that suits for breach of contract be filed within 2 years of
the date of breach are examples of ___________laws. - Answers Procedural
The body of law that will be used to determine which state's law will apply in a multi-state transaction is
conflict of laws. - Answers True
The power of the judicial branch to declare that laws are invalid because they violate the Constitution is
known as____________________. - Answers Judicial review
Stare decisis translates as - Answers Stand by the decision
,The Internal Revenue Service (IRS) wants to fine Mike for violating a section of the Tax Code. Mike
believes that the IRS is misinterpreting the Code and that he has violated no laws. The Code section is
complex and its application is not clear. Using standard rules of statutory interpretation, the court that
hears this case will - Answers construe the punishment provision of the statute strictly in favor of Mike.
It is a violation of the separation of powers doctrine for State A to adopt a law identical to one adopted
by State B. - Answers False
Criminal law is a subset of private law. - Answers False
Stare decisis is typically of lesser importance to the Supreme Court in deciding constitutional issues than
to trial courts in deciding specific controversies. - Answers True
A basic principle of statutory interpretation is that specific provisions in the statute are of greater weight
than general provisions. - Answers True
Which of the following statements about the Uniform Commercial Code (UCC) is correct? - Answers The
UCC consists of identical statutes enacted by the states to provide businesses with consistent and
predictable laws.
Tort law is a subset of private law that seeks to compensate the injured party for the loss caused by the
actions of another. - Answers True
In deciding a case, a court will not use common law if there is a statute that applies to the dispute. -
Answers True
Assume that the Vermont legislature passed a bill prohibiting the sale within the state of detergents
containing certain chemicals harmful to the environment. Assume further that the governor signed the
bill into law. This law has the status of a(n)____________ . - Answers Statute
One of the important powers of courts in the United States is to interpret legislation. - Answers True
The Supreme Court case that created the doctrine of judicial review is - Answers Marbury v. Madison
Comments contained in judicial opinions that are not necessary to the decision of the case are called -
Answers Dicta
The Congress of the United States passed the Soldiers' and Sailors' Relief Act of 1940 and President
Franklin Roosevelt signed it into law. This Act has the status of a(n)____________. - Answers Statute
Courts often use transcripts of the legislative hearings and debates that preceded a law's passage to
determine the purpose and reach of a law. This background is called a law's legislative______________.
- Answers History
Which of the following statements about res judicata is correct? - Answers It binds the parties to the
decisions in a law suit so that neither can re-litigate the case.
, Anne, a resident of New York, is suing Bill, also a resident of New York, in a contract dispute that is
governed by New York state law. This controversy would be classified as a(n) __________________case.
- Answers Intrastate
If there is diversity of citizenship, the plaintiff may file the suit in federal district court. - Answers True
Federal district courts are the only trial courts that can hear cases involving - Answers Federal crimes
U. S. District Court in Vermont is hearing a case brought by a citizen of Vermont challenging the
constitutionality of one of the provisions of the U.S. Patriot Act, a federal statute. In deciding this case,
the court will use ______________substantive law and __________procedural law. - Answers
federal.........federal
When a federal district court hears a case based on a federal question, the minimum amount in
controversy must be - Answers There is no minimum amount for federal question jurisdiction.
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_________. - Answers Complaint
The purpose of the pre-trial conference in a civil case is to - Answers Settle a case without having to go
to trial
A major purpose of discovery is to encourage the parties to settle the case without going to trial. -
Answers True
Mark is suing Al for alienation of affection, claiming that Al stole his fiancée, Amy. His state no longer
recognizes alienation of affection as an issue that can be litigated. Which motion should Al file in
response to this suit? - Answers A motion to dismiss
The equitable equivalent of a default judgment is a nolo contendere decree. - Answers False
Which of the following is NOT a power of the courts? - Answers To create administrative agencies
Delia, a citizen of Delaware, wants to sue the state of Maryland for negligently maintaining a boat ramp
on which she sustained personal injuries. In which of the following courts could Delia file suit against
Maryland? - Answers Federal District Court in Maryland
A person who violates a decree from a court of equity can be jailed for contempt of court. - Answers
True
Delores is suing the CEO of a corporation in a civil suit for securities fraud which she claims he
committed in the initial public offering of his company's stock. The burden of proof Delores must meet
to prove securities fraud is - Answers By clear and convincing evidence
The requirement that someone have a personal stake or interest in the outcome of a case in order to be
a plaintiff is called _________________ to sue. - Answers Standing
