Exam Questions with Verified Answers(100%
Correct)/C713 Pre Assessment Test 2025 Prep|||Latest
Version|Graded A+
What kind of law is made when an appellate court endorses a rule to
be used in deciding court cases? - Answer -Common Law
Federal Question Jurisdiction - Answer -Jurisdiction given to federal
courts in cases involving the interpretation and application of the U.S.
Constitution, acts of Congress, and treaties.
A hair stylist and client disagree over whether the stylist properly
styled the client's hair. A 3rd party, who is neutral in the debate, works
with both of them in an attempt to resolve their dispute. Which
function does the 3rd party serve in this situation? - Answer -Mediator
Company A and Company B agree to the use of an independent third
party to resolve a contract dispute. The third party decides in favor of
Company B.
Which type of alternative dispute resolution is this an example of? -
Answer -Arbitration
What is a primary advantage of alternative dispute resolution (ADR)?
- Answer -It saves time and money
Which of the following is the ultimate authority in interpreting the
Constitution as it applies to both federal and state law? - Answer -
United States Supreme Court
Which court hears appeals directly from trial courts? - Answer -
Hearing appeals from intermediate appellate state courts
Which courts are the federal court system's trial courts of general
jurisdiction? - Answer -The U.S. district courts
Which kind of law is based on the interpretation of an existing law? -
Answer -Common Law
pg. 1
,Which kind of law is enacted by state or federal legislatures? -
Answer -Statutory Law
Which type of law is used when the Federal Communications
Commission publishes a regulation on cigarette advertising on
television? - Answer -Administrative Law
The FDA prohibits Drug A from being marketed in the US. What is
this an example of? - Answer -Agency Regulation
Statutory Law is to legislative bodies as common law is to - Answer -
courts
If in 1900, the Minnesota Supreme Court ruled that a minor can void
a contract at any time during minority, and, in 2014, the courts in
Minnesota still follow this ruling, what is this an example of? -
Answer -precedent
What do administrative agency rules consist of? - Answer -Legislative
and interpretive rules
Litigation - Answer -the process of bringing in an court to settle a
dispute
The Law serves to:
- Answer –
1) keep the peace
2) maintain the status quo
3) preserve individual rights
4) protect minorities against majorities
5) promote social justice
6) provide for orderly social change
3 Branches of government - Answer -Legislative, Executive, Judicial
The Bill of Rights - Answer -The first ten amendments to the
Constitution
pg. 2
,Sources of Law - Answer -statutory law, regulatory law, common law
Statutory Law - Answer -the term used to define written laws, that
criminalize certain actions and spell out penalties for violation
Common Law - Answer -Judge-made law that originated in England
from decisions shaped according to prevailing custom. Decisions
were applied to similar situations and gradually became common to
the nation.
stare decisis - Answer -let the decision stand
precedent - Answer -may shift or change over time
Roe v. Wade (1973) - Answer -Abortion rights fall within the privacy
implied in the 14th amendment
Administrative Law - Answer -a branch of law that governs the
creation and operation of administrative agencies
Administrative Agencies - Answer -created to protect a public interest
rather than to vindicate private rights (OSHA, EPA, FTC)
Rules and regulations - Answer -Laws made by administrative
agencies
Enabling Legislation - Answer -How Congress creates a federal
agency
FTC - Answer -Federal Trade Commission. Protects consumers from
misleading and fraudulent advertising. Reviews advertising claims.
Can order a company to change their ad
Prosecution - Answer -criminal trial
Plaintiff - Answer -civil trial
Opposing side - Answer -the defense
Defendant - Answer -the alleged wrongdoer
Claim - Answer -a claim is a separate violation of the law
pg. 3
, Alternative Dispute Resolution (ADR) - Answer -a common method
of dispute resolution that avoids many of the challenges associated
with litigation
Circuit City Stores v. Adams - Answer -The U.S. Supreme Court
noted that avoiding the cost of litigation was a real benefit of
arbitration
Arbitration - Answer -the use of an arbitrator to settle a dispute
Arbitrator - Answer -an independent person or body officially
appointed to settle a dispute
Discovery Phase - Answer -phase of a trial is nonexistent or sharply
reduced in arbitration (costly)
Nonconforming goods - Answer -goods that do not conform to the
buyer's order. Under the Uniform Commercial Code (UCC),
nonconforming goods can be rejected by the buyer
Negotiation - Answer -a method of alternative dispute resolution
(ADR) that retains power to resolve the dispute to the parties involved
Bargaining Power - Answer -the pressure that a supplier or buyer can
exert on a company
Mediation - Answer -a method of alternative dispute resolution
(ADR) in which parties work to form a mutually acceptable
agreement
Federal Arbitration Act (FAA) - Answer -a federal statute that
provides for the enforcement of most arbitration agreements
Intermediate Appellate Courts - Answer -courts that examine
allegations concerning uncorrected errors that occurred during trials;
usually called courts of appeals in state and federal court systems
(BOTH FEDERAL AND STATE COURT SYSTEM!)
Full Faith and Credit Clause - Answer -Each state court is obligated to
respect the final judgments of courts in other states
pg. 4