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ch2:court system
acct275:module 1
| Question | Answer |
|---|---|
| Federal courts have broud but liminted jurisdiction. In which instance would the federal courts not always have jurisdiction | in a controvery between citizens of different states |
| In the complex legal system of the United States, there is a hierarchy of laws. Which of the following has the greatest authority | Constitution of the U.S |
| In the U.S. which of the following is a true stmt about trial courts | the principle function of trial courts is to resolve disputes through determination of factual issues and application of the law to the facts thus found |
| One fundamental legal maxim is that ignorance of the law is | no excuse |
| The functions of an appeals court include | Reviewing actions of lower courts withing the same system |
| The american legal system is a federal system. Accordingly allocation of power between the respective state court systems and the federal courts is crucial. Under the U.S constitution | the court of last resort of the state is the final authority in resolving issues regarding the state's law |
| which of the following is not a remedy available in a civil proceeding | imprisonment |
| Curt smith a citizen of florida is injured in an A.C in Miami.The driver of the other vehicle is a citizen of New York. Smith wishes to repair the 6,000 for medical xp and repairs for car. Can smith bring an action in fed.ct base on diversity of citiz. | no because diversity suits in federal courts must involve more than 75,000 |
| which of the following is ordinarily not considered to be a desirable characteristic of law? | the law should have retroactive effect |
| the federal judicial power is articulated in the constitution. Under the constitution | congress has power to limit the jurisdiction of the federal courts |
| the united states courts of appeal | have been established pursuant to congressional enactment |
| which of the following is public rather than private law? | constitutional law |
| Jurisprudence is the science or philosophy of law. Which school of jurisprudence adheres to the belief that law is based on ultimate priciples that trascend society and its customs | natural law |
| subject matter jurisdiction is the court's | competence to hear a particular category of cases |
| the legal and the medical professions' ethics standards are established by | state bar and medical associations |
| which of the following is false regarding the distinction between substantive and procedural law | courts always appy the substantive law of the forum but may apply procedural rules of another jurisdiction |
| a fundamental characteristic of the american legal system is that it is adversarial. The bes description of such a system is that | justice is best served if the respective sides to a dispute are represented by interested parties whose interests are in conflict and who have a full oppportunity to be heard by an impartial tribunal |
| The U.S. supreme court derives its powers from the constitution. The constitution establishes | no express provision for judicial review |
| None of the many attempts to define law have gained universal acceptance.The definition least likely to be acceptable in the context of the American experience is that law is a | group of ethical precepts backed by the power of the state |
| Plaintiff Paula who lives in state y got injured by a train.It cost paula personal injuries that cost 80,000 in medical expense.The plaintiff wants to sue the railroad company which has its principle place of business and is incorporated in state X. | plaintiff may sue in state X,state Y, or federal court, but the same law may probably be applied |
| the word law has many definitions. Some of these definitions are broader than others. Which of the following is a definition on law | all; constitution, statutes,treaties, regulations, case law, old testament, |
| which of the following is a true stmt about tort and contract law | tort and contract law are similar in that each in concern with civil duties |
| the principle that gives past judicial decisions binding authority in similar cases in known as | stare decisis |
| which classification of state law has the least authority | common law |
| The Tax Court of the United States | hears tax cases without juries |
| the legal environment of business | concerns all the ways in which the law affects business |
| the law performs a variety of functions. which of the following is not acceptable as a function of law in modern american society | protecting the public order by shaping society so that it complies with the moral values of the elected officials |
| a typical state court system includes all but which of the following | bankrupcty courts |
| the U.S. supreme court, a court that is "infallible because final" is the ultimate arbiter of law within the federal system. The supreme court | may function as a trial court in some cases |
| the federal judiciary includes the United States district court. They | have removal jurisdictions in appropriate cases |
| The landmark Supreme court decision in Erie Railroad v. Thompkins(1938)had a great impact on the allocation of the judicial power between the state and federal court because it | required federal courts to apply unwritten state law in diversity cases |
| the principle lawmaking bodies in the American legal system are the legislatures. The laws enacted are subject to judicial interpretation. This judicial function in known as | statutory construction |
| in the american legal system, forms of binding legal authority include | constitutions, statutes, and regulations |
| which of the following stmts regarding state courts is true | under the supremacy clause of the constitution, state courts must uphold a federal law that conflicts with state law |
| The distinction between law and equity has both historical and practical significance for today's legal system. Which of the following is a true stmt concerning the distinction | an action for damages in not equitable |
| The court system in the United States consist of | state and federal courts |
| remedies available in criminal actions include | fines |
| the federal court system is a complex structure that includes numerous specialized courts. Which of the following is a national trial court? | U.S. Court of Federal Claims |
| the legal environment of business includes relationships between business and groups of persons and entities. The most significant is the relationship of business to | government |
| ethical standards that apply when dealing with people in a business relationship are described as | marketplace ethics |
| the distinction between criminal and civil law determines the type of remedies, the parties and the procedure in a legal proceeding. Which is true concerning the distinction? | a civil action normally involves a dispute between private persons with regard to duties impose by law or adopted under a contract |
| which of the following is a true stmt about the organization of the federal court system | it has three levels of courts |
| most state court systems include small claims courts for the resolution of minor disputes. In small claim courts | the ordinary rules of civil procedure are often not followed. |
| the subject matter jurisdiction of state courts | extends all cases except those over which the federal courts have exclusive jurisdiction |
Created by:
julissaminero