MGT 225-business Law Quiz #1 -ramirez
- 1.
Law based on the customs of a group are _________________.
- A.
Criminal Law
- B.
Equity
- C.
Unconstitutional
- D.
Common law
Correct Answer
D. Common lawExplanation
Common law refers to a legal system where the law is developed through judicial decisions and precedent, rather than through legislation. It is based on customs and traditions that have been established over time within a specific group or society. This means that the law is derived from the collective wisdom and practices of the people, rather than being imposed by a governing body. Therefore, the customs of a group form the basis for common law.Rate this question:
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- 2.
________________ are enforced rules of conduct in a society.
- A.
Statutes
- B.
Laws
- C.
Morals
- D.
Values
Correct Answer
B. LawsExplanation
Laws are enforced rules of conduct in a society. They are established by the government and have legal consequences if violated. Laws are created to maintain order, protect individual rights, and promote justice. They are enforceable by the judicial system and are applicable to all members of society. Laws differ from morals and values as they are legally binding and have the power to regulate behavior through punishment or reward. Morals and values, on the other hand, are personal beliefs and principles that guide individual behavior but may not necessarily be enforceable by law.Rate this question:
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- 3.
The doctrine requiring lower courts to adhere to existing case law in making decisions is called ____________________.
- A.
Laws
- B.
Procedural law
- C.
Ordinances
- D.
Stare decisis
Correct Answer
D. Stare decisisExplanation
Stare decisis is the doctrine that requires lower courts to follow and adhere to existing case law when making decisions. This principle ensures consistency and stability in the legal system, as it promotes the idea that similar cases should be decided in a similar manner. By following precedent, lower courts are bound to follow the rulings of higher courts and are discouraged from overturning established legal principles. Stare decisis is an essential aspect of the common law system and helps to maintain predictability and fairness in the judicial process.Rate this question:
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- 4.
Legislative enactments by a city or municipality are called _________________.
- A.
Ordinances
- B.
Court Orders
- C.
Small claims
- D.
D. Magistrate Judges law
Correct Answer
A. OrdinancesExplanation
Legislative enactments by a city or municipality are called ordinances.Rate this question:
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- 5.
Laws enacted by state legislatures or federal legislatures are _____________.
- A.
Statutes
- B.
Rules
- C.
Property
- D.
Decided by the judiciary
Correct Answer
A. StatutesExplanation
Laws enacted by state legislatures or federal legislatures are called statutes. Statutes are written laws that are passed by a legislative body and are binding on the people within their jurisdiction. They are different from rules, which are typically regulations or guidelines set by administrative agencies, and from property, which refers to ownership rights. The judiciary does not enact laws, but rather interprets and applies them in legal cases. Therefore, the correct answer is statutes.Rate this question:
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- 6.
Status of a law that conflicts with a constitution and which is therefore invalid is _____________.
- A.
Right
- B.
Wrong
- C.
Unconstitutional
- D.
Illegal
Correct Answer
C. UnconstitutionalExplanation
When a law conflicts with a constitution, it is considered unconstitutional. This means that the law goes against the principles and provisions outlined in the constitution, rendering it invalid and unenforceable. Therefore, the correct answer is "Unconstitutional."Rate this question:
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- 7.
In the legal system, basic fairness is also called _________________.
- A.
Honesty
- B.
Moral code
- C.
Equity
- D.
Values
Correct Answer
C. EquityExplanation
Equity refers to the concept of fairness and justice in the legal system. It ensures that individuals are treated fairly and equally, regardless of their social status or background. It is a fundamental principle that aims to provide a level playing field for all individuals involved in legal proceedings. Equity emphasizes the importance of considering individual circumstances and needs when making legal decisions, rather than applying strict rules or laws. It promotes a sense of fairness and justice in the legal system, ensuring that everyone is given a fair opportunity to present their case and receive a fair outcome.Rate this question:
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- 8.
The first ten amendments to the U.S. Constitution are known as the ________.
- A.
Declaration of Independence
- B.
Bill of Rights
- C.
Rider
- D.
State Constitutions
Correct Answer
B. Bill of RightsExplanation
The first ten amendments to the U.S. Constitution are known as the Bill of Rights. These amendments were added to the Constitution to protect individual rights and limit the power of the government. The Bill of Rights guarantees fundamental freedoms such as freedom of speech, religion, and the right to a fair trial. It is an essential part of the Constitution and plays a crucial role in safeguarding the rights and liberties of American citizens.Rate this question:
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- 9.
The power of a particular court to decide a case is called _______________.
- A.
Equity
- B.
Administrative
- C.
Civil Rights
- D.
Jurisdiction
Correct Answer
D. JurisdictionExplanation
Jurisdiction refers to the power or authority of a court to hear and decide a case. It determines whether a court has the legal right to adjudicate a particular matter. It involves the court's geographical area, subject matter, and the type of parties involved. Therefore, jurisdiction is the correct answer as it best describes the power of a court to decide a case.Rate this question:
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- 10.
The statement, “A law is a law, and you must obey it, even if it is unjust” is an example of which of the following jurisprudential schools?
- A.
Legal positivism
- B.
Natural Law
- C.
American legal realism
- D.
Sociological jurisprudence
Correct Answer
A. Legal positivismExplanation
The statement, "A law is a law, and you must obey it, even if it is unjust" aligns with the principles of legal positivism. Legal positivism is a jurisprudential school that emphasizes the separation of law and morality. According to legal positivism, the validity of a law is determined by its source, such as legislation or court decisions, rather than its moral content. This means that even if a law is considered unjust from a moral standpoint, legal positivism argues that it still must be obeyed because it is a valid law.Rate this question:
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- 11.
Sources of law include constitutions, statutes, cases decided by __________________, and regulations and rulings of administrative agencies.
- A.
Supreme courts
- B.
Juvenile courts
- C.
Family Courts
- D.
Appellate Courts
Correct Answer
D. Appellate CourtsExplanation
Appellate courts are included as a source of law because they have the authority to review and interpret decisions made by lower courts. They play a crucial role in the legal system by ensuring consistency and fairness in the application of laws. Appellate court decisions become part of the legal precedent and can influence future cases. Therefore, their rulings contribute to the development and interpretation of the law.Rate this question:
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- 12.
Ann was driving well above the state's legal speed limit when she crashed into Bob’s car. Bob suffered severe injuries as a result of the accident. Which of the following is a true statement regarding Ann and Bob?
- A.
If Ann is criminally prosecuted, Bob cannot sue for damages.
- B.
Ann can be sued by Bob for damages if Ann is not criminally prosecuted.
- C.
Ann can be criminally prosecuted and Bob can sue Ann for damages in a civil action.
- D.
Bob can sue Ann for damages only if Ann is convicted of the crime.
Correct Answer
C. Ann can be criminally prosecuted and Bob can sue Ann for damages in a civil action.Explanation
Ann can be criminally prosecuted and Bob can sue Ann for damages in a civil action because Ann was driving well above the legal speed limit and caused the accident that resulted in Bob's severe injuries. Criminal prosecution deals with the violation of laws and can result in penalties such as fines or imprisonment, while a civil action allows the injured party to seek compensation for their damages. Therefore, both legal actions can be pursued simultaneously.Rate this question:
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- 13.
Which of the following types of law is made by a legislature?
- A.
Administrative regulations
- B.
Executive orders
- C.
Statutes
- D.
A and C
Correct Answer
C. StatutesExplanation
Statutes are laws that are created and enacted by a legislature. They are formal written laws that are established by a governing body, such as a national or state legislature. Statutes are typically more permanent and have a higher level of authority compared to other types of laws, such as administrative regulations or executive orders. Administrative regulations are rules and regulations created by administrative agencies, while executive orders are directives issued by the executive branch of government. Therefore, the correct answer is statutes.Rate this question:
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- 14.
Which of the following is the lowest level of federal jurisdiction?
- A.
United States District Courts
- B.
United States Drug Courts
- C.
Federal Magistrates
- D.
United States Circuit Courts of Appeal
Correct Answer
A. United States District CourtsExplanation
The United States District Courts are the lowest level of federal jurisdiction because they are the trial courts in the federal system. They have original jurisdiction over most federal cases, including civil and criminal matters. These courts are responsible for hearing evidence, making determinations of fact, and applying the law to those facts. Appeals from the district courts go to the United States Circuit Courts of Appeal, which are at a higher level of federal jurisdiction.Rate this question:
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- 15.
Which of the following is not a court of general jurisdiction within the state court system?
- A.
Circuit Court
- B.
Municipal Court
- C.
Superior Court
- D.
District Court
Correct Answer
B. Municipal CourtExplanation
The Municipal Court is not a court of general jurisdiction within the state court system. Municipal Courts typically handle cases involving violations of city ordinances and traffic offenses, and they have limited jurisdiction over certain criminal and civil matters within their respective municipalities. In contrast, Circuit Courts, Superior Courts, and District Courts are courts of general jurisdiction that handle a wide range of cases, including criminal, civil, and appellate matters.Rate this question:
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- 16.
For a conviction in a federal district court, an appeal is heard by:
- A.
The U.S. Circuit Court of Appeals
- B.
The Federal Magistrate's Court
- C.
The State Supreme Court.
- D.
The U.S. Supreme Court.
Correct Answer
A. The U.S. Circuit Court of AppealsExplanation
In the federal court system, an appeal from a conviction in a federal district court is typically heard by the U.S. Circuit Court of Appeals. This is because the U.S. Circuit Court of Appeals is the intermediate appellate court in the federal system, responsible for reviewing decisions made by the district courts. The State Supreme Court would not have jurisdiction over federal cases, and the Federal Magistrate's Court is not an appellate court but rather a lower court that assists district courts in certain matters. The U.S. Supreme Court is the highest court in the federal system and generally only hears cases on appeal from the U.S. Circuit Courts of Appeals if they involve important legal issues or conflicts among the circuits.Rate this question:
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- 17.
Federal courts of limited jurisdiction would include all of the following except:
- A.
U.S. Tax Court
- B.
U.S. Bankruptcy Court
- C.
U.S. Court of Federal Claims
- D.
U.S. Court of Common Pleas
Correct Answer
D. U.S. Court of Common PleasExplanation
The U.S. Court of Common Pleas is not a federal court; it is a state court. The other options listed (U.S. Tax Court, U.S. Bankruptcy Court, U.S. Court of Federal Claims) are all federal courts of limited jurisdiction.Rate this question:
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- 18.
A writ of _______________ is a document directing a lower court to prepare the record of a case and send it to the higher court for review.
- A.
Habeas corpus
- B.
Incarcerates
- C.
Certiorari
- D.
Mandamus
Correct Answer
C. CertiorariExplanation
A writ of certiorari is a document directing a lower court to prepare the record of a case and send it to the higher court for review. This writ is typically issued by an appellate court and is used to determine whether the lower court has made any errors in its decision. The higher court can then choose to grant or deny the request for review based on the information provided in the record.Rate this question:
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- 19.
Group of laws that defines rights and duties are __________________.
- A.
Procedural law
- B.
Code
- C.
Jurisdiction
- D.
Common law
Correct Answer
A. Procedural lawExplanation
Procedural law refers to a group of laws that outline the processes and procedures to be followed in legal proceedings. It defines the rights and duties of individuals involved in legal cases, such as the rules for filing lawsuits, presenting evidence, and conducting trials. Procedural law ensures fairness and consistency in the legal system by providing a framework for how cases should be handled. It is different from substantive law, which establishes the rights and obligations of individuals in society.Rate this question:
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- 20.
Depositions are:
- A.
Written questions directed to a party, answered in writing, and signed under oath
- B.
Documentary evidence introduced at trial
- C.
Oral examinations of a party or a party's witness by the opposing party's attorney
- D.
Written statements made during arbitration
Correct Answer
C. Oral examinations of a party or a party's witness by the opposing party's attorneyExplanation
Depositions refer to the oral examinations conducted by the opposing party's attorney of a party or their witness. This process involves questioning the individual under oath, and the responses are typically recorded for later use in court proceedings. It is a common practice in legal proceedings to gather information, gather evidence, and assess the credibility of the party or witness. Therefore, oral examinations during depositions are an essential part of the legal process.Rate this question:
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- 21.
U.S. District Courts are trial courts of general jurisdiction empowered to do all of the following:
- A.
Impanel juries
- B.
Receive evidence
- C.
Hear testimony
- D.
All of the above
Correct Answer
D. All of the aboveExplanation
U.S. District Courts are trial courts of general jurisdiction, meaning they have the authority to handle a wide range of cases. They are empowered to impanel juries, which involves selecting and assembling a group of individuals who will hear the evidence and testimony presented during a trial. Additionally, they have the power to receive evidence, which refers to the information and materials presented by the parties involved in a case to support their arguments. Lastly, U.S. District Courts are authorized to hear testimony, which involves listening to the verbal statements and accounts given by witnesses under oath. Therefore, the correct answer is "All of the above."Rate this question:
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- 22.
The Supreme Court of the United states hears appeals from all the following courts, except:
- A.
Federal Circuit Courts of Appeals
- B.
Federal Magistrate Courts
- C.
Special federal courts
- D.
Highest state courts
Correct Answer
B. Federal Magistrate CourtsExplanation
The Supreme Court of the United States hears appeals from all the following courts, except Federal Magistrate Courts. Federal Magistrate Courts are not considered as courts of record, and they do not have the authority to hear appeals. They primarily handle preliminary matters in federal criminal cases and assist district court judges in various tasks. Therefore, the Supreme Court does not have jurisdiction over appeals from Federal Magistrate Courts.Rate this question:
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- 23.
Jurisdiction in federal court includes which of these:
- A.
Federal tax cases
- B.
Diversity of Citizenship cases
- C.
Murder cases
- D.
Rape cases involving minors
Correct Answer
B. Diversity of Citizenship casesExplanation
Diversity of Citizenship cases refers to cases where the parties involved are from different states or countries. In these cases, the federal court has jurisdiction because it involves a dispute between citizens of different states or between a citizen and a foreign entity. This allows for a neutral and fair resolution of the dispute, ensuring that no party has an unfair advantage due to their local jurisdiction.Rate this question:
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- 24.
Federal courts have exclusive jurisdiction to hear cases involving which of these:
- A.
Antitrust
- B.
Bankruptcy
- C.
Patent and copyright issues
- D.
A B, and C.
Correct Answer
D. A B, and C.Explanation
Federal courts have exclusive jurisdiction to hear cases involving antitrust, bankruptcy, patent, and copyright issues. This means that only federal courts have the authority to handle legal matters related to these areas. State courts do not have jurisdiction over these types of cases, making the federal courts the sole authority in resolving disputes and making decisions in these specific areas of law.Rate this question:
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- 25.
In Personam Jurisdiction means a court’s jurisdiction over:
- A.
A person
- B.
A property
- C.
The subject matter of the case
- D.
The venue of the case
Correct Answer
A. A personExplanation
In Personam Jurisdiction refers to a court's authority to make decisions and enforce them against a specific individual. It allows the court to exercise its power over the rights and obligations of that person, including the ability to issue orders, judgments, and enforce them through various legal means. This jurisdiction is typically based on the person's presence within the court's territorial boundaries, consent, or minimum contacts with the jurisdiction. In contrast, In Rem Jurisdiction relates to a court's authority over a specific property, while Subject Matter Jurisdiction pertains to the court's authority over the specific legal issue involved in the case. Venue refers to the appropriate geographical location for the court to hear the case.Rate this question:
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Current Version
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Mar 20, 2023Quiz Edited by
ProProfs Editorial Team -
Sep 10, 2017Quiz Created by
Maria Ramirez
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