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Law Chapter 1 Midterm Review

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Law Chapter 1 Midterm Review

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  1. Law Chapter 1 Midterm Review By: Marshall Higley and Alex Felt

  2. The power to decide a case is termed Fiat The long arm of the law Sanction Jurisdiction D. Jurisdiction

  3. Governing rules and regulations passed by a city council or county government are referred to as Statutes Ordinances Case law Promulgations B. Ordinances

  4. In order to provide stability to a legal system, courts use prior as a guide for deciding similar new cases. These prior cases are known as Precedents Equity Jurisdiction Statutes A. Precedents

  5. At what level are laws created in the United States Federal Government State Government Local Government All of These D. All of these

  6. The division of powers between people and their governments protecting U.S. citizens from government actions is set forth in the U.S. Constitution Bill of Rights First ten amendments Both b and c D. Both b and c

  7. The document that sets forth the framework of a government and its relationship to the people it governs is the Bill of Rights An ordinance A constitution The Uniform Commercial Code C. A constitution

  8. If a state constitution and the U.S. Constitution conflict, which prevails The U.S. Constitution The state constitution Neither prevails- the matter is referred to Congress Neither prevails- the matter is referred to the President A. The U.S. Constitution

  9. Which of these is based on the current standards or customs of the people civil law positive law codes common law D. common law

  10. Which state has its legal system based on the Roman civil law format of organized, comprehensive sets of statutes in code form? Missouri California Florida Louisiana D. Louisiana

  11. An open, peaceful violation of a law to protest its alleged, or supposed, injustice is referred to as Political protest Civil riot Civil disobedience Ethical posturing C. Civil Disobedience

  12. Laws made by administrative agencies are often called Ordinances Rules and regulations Standards Guidelines B. Rules and regulations

  13. Which of these terms describing using prior cases as a guide for deciding similar new cases? Injunction Code Precedent Jurisdiction C. Precedent

  14. The subject area of business law would include which of the following topics? Commercial torts Contracts Criminal conspiracies to fix prices All of the above D. All of the above

  15. Meryle Ann’s mother recently died and, unfortunately, did not leave any type of will for her estate. In order to properly divide her mother’s estate among her and her brothers, Meryle Ann will hire a lawyer to handle this case. In which specialty area should she seek to find a lawyer? Criminal law Statutory law Civil law Case Law C. Civil Law

  16. When a law is invalid because it conflicts with either the federal or state’s constitution, it is said to be_____ Answer: Unconstitutional

  17. Law Chapter 2 Midterm Review By: Kayla Moore & Giuseppe Scavone

  18. When the Constitution was declared effective and binding on March 4, 1789, only ___ states had ratified it. • 7 • 9 • 11 • 13 • C) 11

  19. The U.S. constitution provided persons may not be deprived of the following without due process of law: • Life, liberty, or property. • Food clothing, and shelter. • Health, happiness, and prosperity. • Life, liberty, or the pursuit of happiness • D) Life, liberty, or the pursuit of happiness

  20. The American declaration of independence • Denounced royal rule and “divine right of kings” throughout the world. • Called for a strong central government of the American colonies, to be based in Washington, D.C. • Stated that all men are endowed by their creator with the right to life, liberty, and the pursuit of happiness. • All of these • B) Called for a strong central government of the American colonies, to be based in Washington, D.C.

  21. Under the constitution the federal government is a • Republic, representative democracy • Two-political party balance of interest and power • Democracy, tainted by special interests • Pure democracy • D) Pure democracy

  22. If convicted under due process of law, criminal, may be deprived of • Liberty, by imprisonment. • Property, by fine or order to make restitution. • Life, by execution. • All, or combination of these. • C) Life, by execution.

  23. Which of the following federal agencies is charged with the responsibilities of eliminating discrimination based on race, religion, sex, color, national origin and age and disability in the work place. • Interstate Commerce Commission. • Federal Trade Commission. • Equal employment operation committee. • None of these • D) None of these

  24. Under the constitution, members of congress are elected on the basis of • Population of the state • Existence of the state • Selection by all the citizens in national elections • Both a(for representatives) and b(for senators) • D) Both a(for representatives) and b(for senators)

  25. The declaration of independence was adopted in July 4th 1776 by delegates of the 13 original colonies meeting in Philadelphia. • True • False • True

  26. A regulation made by a federal agency does not have the same effect as a law made by congress. • True • False • True

  27. The fourteenth amendment applied to all state governments the restrictions that had previously limited only the powers of the federal government. • True • False • True

  28. Even though political parties are very important in the selection of candidates for federal offices, they are not mentioned in the constitution. • True • False • False

  29. Almost universal access by anyone with a computer to the information contained on the internet was facilitated primarily through a program developed in the spare time of Tim Berners-Lee. • True • False • True

  30. The decentralization of the internet makes it nearly impossible to exercise legal control over it and what goes on within it. • True • False • True

  31. The right of privacy is not specifically mentioned in the constitution or the bill of rights. • True • False • False

  32. The senate has the stole power to try impeachment cases. • True • False • True

  33. Chapter 3 By: Abby and Vanessa

  34. True and False • In the state court system, sheriffs or their deputies have the duty to summon witnesses, keep order in court, and take steps to carry out judgments. • True

  35. The United States Supreme Court has original jurisdiction over all cases in this country • False

  36. The state Supreme courts issue the final decision on all matters of law appealed to them • False

  37. “Justice” is the proper title for judges sitting on state supreme courts as well as for the judges sitting on the US Supreme court • True

  38. Typically small claims court cases are tried before a judge and a jury • False

  39. Multiple Choice • An appellate court bases its decisions primarily on? • Transcripts of the trial and appellate briefs

  40. Courts that administer wills and estates are called • Probate courts

  41. Municipal courts are usually divided into • Criminal and Traffic divisions

  42. How many federal courts of appeal exist within the federal court system? • 13

  43. Municipal courts administer • City ordinances

  44. Completion • Benton has just been appointed to her state supreme court. Her official title will be __________ Benton. • Justice

  45. The trial court in a particular case will apply the appropriate law to the facts to reach a(n) _______ • Verdict

  46. When an appellate court overturns the decision of a lower court, the lower court’s decision is said to have been _______ • Reversed

  47. Today’s federal court system has ________ federal courts of appeal. • 13

  48. Attorneys generally are not required to resolve the civil litigations in __________ court. • Small claims

  49. Law Chapter 4 United States vs. Basic Construction Company Cheyanna Roberts 12-6-12

  50. The Background • This appeal came from a conviction from the violation of section 1 of the Sherman Act, 15 U.S.C. § 1. The defendants, Basic Construction Co., Henry S. Branscome, Inc., and Henry Branscome, were charged with conspiring in April of 1978 to rig a bidding for state road paving contracts. • 2 lowered level ,angers rigged bids by giving competitors the prices that basic would bid for work