COB 218 Exam Questions with Correct Answers

COB 218 Exam Questions with Correct Answers Distinguish between a motion to dismiss, a motion for a judgment on the pleadings and a motion for summary judgment. (2) - Answer-- A motion to dismiss is a request by the defendant that asks a judge or a court in a civil case to dismiss the case because even if all the allegations are true, the plaintiff is not entitled to any legal relief. - A motion for a judgment on the pleadings, in a civil case, is a request made by either party, after pleadings have been entered, that asks a judge or a court to issue a judgment. - A motion for summary judgment, in a civil case, is a request made by either party that asks a judge or a court to promptly and expeditiously dispose of a case without a trial. Distinguish between interrogatories and depositions. (2) - Answer-Interrogatories is a formal set of written questions that one party to a lawsuit asks the opposing party as part of the pretrial discovery process in order to clarify matters of evidence and help determine in advance what facts will be presented at any trial in the case. Depositions is a pretrial sworn and recorded testimony of a witness that is acquired out of court with no judge present. What is a directed verdict and when is it made? (2) - Answer-A directed verdict is a ruling by the judge, after the plaintiff has put forward his or her case but before any evidence is put forward by the defendant, in favor of the defendant because the plaintiff has failed to present the minimum amount of evidence necessary to establish his or her claim. A directed verdict is made immediately following a plaintiff's presentation of her case. Distinguish between a writ of certiorari and an appeal. (2) - Answer-A writ of certiorari is a Supreme Court order, issued after the Court decides to hear an appeal, mandating that the lower court send to the Supreme Court the record of the appealed case. An appeal is to ask a higher court to reverse the decision of a trial court after final judgment or other legal ruling. Distinguish between mediation and arbitration. (2) - Answer-Mediation is a type of intensive negotiation in which disputing parties select a neutral party to help facilitate communication and suggest ways for the parties to solve their dispute. Arbitration is a type of alternative dispute resolution in which disputes are submitted for resolution to private nonofficial persons selected in a manner provided by law or the agreement of the parties. What is the difference between formal and informal rule making? When must formal rule making be implemented? (3) - Answer-Formal rule making is a type of rule making that is used when legislation requires a formal hearing process with a complete transcript (consists of publication of the proposed rule in the Federal Register, a public hearing, publication of formal findings, and publication of the final rule if adopted) Informal rule making is a type of rule making in which an agency publishes a proposed rule in the Federal Register, considers public comments, and then publishes the final rule. Formal rule making must be applied when an enabling statute or other legislation mandates that all regulations or rules be enacted by an agency as part of a formal hearing process that includes a complete transcript. What is a "captured agency". (3) - Answer-Captured agency refers to a government agency excessively influenced by economic interest groups directly affected by its decisions. What are the four limitations on agency power? Which one do you think is most important? (3) - Answer-- The four limitations on agency power are... political limitations statutory limitations judicial limitations informational limitations - Judicial is the biggest constraint on agency power In the exercise of judicial review of an agency actions do the courts "find fact"? (3) - Answer-Yes; the facts must be supported by substantial evidence. However, only review agency's procedures in finding of facts. Appellate court will not review their finding of fact. Distinguish between the supremacy clause and the doctrine of federal preemption. (4) - Answer-Supremacy clause states that the Constitution and all laws and treaties of the United States constitute the supreme law of the land. Doctrine of federal preemption is a principle asserting the supremacy of federal legislation over state legislation when both pertain to the same matter. Distinguish between the commerce clause and the dormant commerce clause. (4) - Answer-Commerce clause gives Congress exclusive power over trade activities among the states and with foreign countries and Indian tribes. Dormant commerce clause restricts a state from making laws that prohibits interstate commerce. Why is the commerce clause the most important clause with regard to government regulation of business? (4) - Answer-This allocation of authority simultaneously allows the federal government and restricts the power of state governments.