Exam 1

Question 1

As provided in the lecture in this class, the sources of law in the U.S., including the Federal government and the states are:

Answer 1

Constitution
Common Law
Statutes
Administrative Law

Question 2

What is a “Writ of Mandamus”?

Answer 2

An order from a court to a government official to perform his official duty

Question 3

Summary Judgment is properly granted when there is no genuine issue of material fact and only questions of law remain.

Answer 3

true

Question 4

A subpoena duces tecum requires the person to whom the the subpoena is directed to produce and deliver to the party issuing the subpoena the documents or things set out in the subpoena.

Answer 4

true

Question 5

Relative to what we have studied in this class, a “Complaint” is:

Answer 5

The first thing a plaintiff files in a law suit to inform the court and the defendant of the allegations of damage to the plaintiff by the defendant.

Question 6

Common law is based on prior court decisions.

Answer 6

true

Question 7

What is the name of the process when Congress, or a state legislature, gives authority to an administrative agency to make a rule?

Answer 7

Delegation of Legislative Authority

Question 8

“Statutory law” emanates from a state or federal legislatures.

Answer 8

true

Question 9

The President of the United States has the authority to create a statute that violates the U.S. Constitution if there is an emergency situation.

Answer 9

false

Question 10

Based on what you know if the Constitution from our studies and lectures, the Supreme Court may declare a law invalid and unenforceable if it determines that the law is bad policy, such as if most of the Justices believe that a statute allows coal powered electricity generating plants to emit too much CO2 into the atmosphere.

Answer 10

false

Question 11

Common law in the United States had its origins in:

Answer 11

england

Question 12

Laws that are established by legislative bodies are:

Answer 12

statutes

Question 13

The type of pleading which must be filed by the defendant with the initial responsive pleading is:

Answer 13

An Affirmative Defense

Question 14

The person who initiates a civil law suit seeking damages or other legal relief is named or referred to as the:

Answer 14

plaintiff

Question 15

One basis for attacking the validity of an administrative rule is:

Answer 15

That the rule was developed and adopted in an arbitrary and capricious manner.

Question 16

An administrative agency may only make rules that implement, interpret, or make specific the particular powers and duties granted by the enabling statute.

Answer 16

true

Question 17

Statutory language granting rule-making authority or generally describing the powers and functions of an agency shall be construed by the agency to extend no further than the particular powers and duties conferred by the same statute.

Answer 17

true

Question 18

The “Bill of Rights” was part of and included in the original draft of the United States Constitution.

Answer 18

false

Question 19

The Constitution of the United States establishes and delineates the authority of the Federal government to act, thus, the Constitution provides limits of the Federal government’s power or authority.

Answer 19

true

Question 20

The concept or theory of “Judicial Review” allows the Courts to determine that a statute or administrative rule is very unfair or unwise, thus unenforceable.

Answer 20

false

Question 21

“Discovery” is the process by which a process server finds a defendant named in a law suit hidden under a bed in his house so that the process server can deliver the summons and complaint to the defendant.

Answer 21

false

Question 22

The Federal Government has the authority to make any rule or law, regardless of whether the U.S. Constitution or its Amendments prohibits such a rule or law, as long as such rule or law is in the best interest of the citizens of the U.S.

Answer 22

false

Question 23

A “Deposition” is:

Answer 23

A recorded examination of a witness in a law suit, under oath, which is a part of the “discovery” process.

Question 24

A Directed Verdict is properly granted by a judge when there is no genuine issue of material fact and only questions of law remain.

Answer 24

false

Question 25

Arbitrary means: Not restrained or limited in the exercise of power; ruling by absolute authority; marked by or resulting from the unrestrained and often tyrannical exercise of power.

Answer 25

true

Question 26

To “Legislate” means to make law.

Answer 26

true

Question 27

The court / judge determines questions of law prior to, during and after a trial.

Answer 27

true

Question 28

If a person is properly served with a Complaint in a law suit, and that person fails to respond to that complaint, that person may be subject to:

Answer 28

Default Judgment

Question 29

How many prongs or parts are contained in the “Chevron Test”?

Answer 29

2

Question 30

The Congress has the authority to expand the scope of the Supreme Court’s original jurisdiction beyond what is specified in Article III of the Constitution.

Answer 30

false

Question 31

When a court is interpreting a statute which is the subject of controversy, the standard of review requires the court to first look to which of the following?

Answer 31

Plain language of the statute

Question 32

Res Judicata can be defined by which of the following:

Answer 32

The thing is decided.

Question 33

The “Jurisdiction” of a court limits a court’s authority to render judgement in a matter within a particular geographic area or on a particular subject matter.

Answer 33

true

Question 34

As US citizens, we have:

Answer 34

All the rights that God gave us, with some listed in the Bill of Rights which explicitly guarantee against government violation of those listed.

Question 35

A jury determines the law and the judge determines the facts of a case at trial.

Answer 35

false

Question 36

The Standard of Review for a court when applying the Chevron Doctrine, or Chevron Test, requires the court to defer to the administrative agency’s interpretation of the statute, as long as: .

Answer 36

That interpretation is reasonable and the agency was provided authority to make a rule in the statute they are interpreting.

Question 37

Decisions made by the Supreme Court:

Answer 37

May be overturned later by the Supreme Court

Question 38

The Constitution of the U.S. specifies that the number of Supreme Court justices shall be:

Answer 38

determined by Congress