quiz 1

Question 1

a body of principles that establishes the structure of government and the relationship of the government to the people who are governed

Answer 1

constitution

Question 2

the rules and regulations parties agree to as part of their contractual relationships

Answer 2

private law

Question 3

rules made by state and federal administrative agencies

Answer 3

administrative law

Question 4

law that includes principles that are expressed for the first time in court decisions

Answer 4

case law

Question 5

legislative acts declaring , commanding, or prohibiting something

Answer 5

statutory law

Question 6

a decision of a court that stands as the law for a particular problem in the future

Answer 6

precedent

Question 7

the power of a court to hear and determine a given class of cases; the power to act over a particular defendant

Answer 7

jurisdiction

Question 8

taking a case to a reviewing court to determine whether the judgment of the lower court or administrative
agency was correct

Answer 8

appeal

Question 9

the initial pleading filed by the plaintiff in many actions, which in many states may be served original process to acquire jurisdiction over the defendant

Answer 9

complaint

Question 10

what a defendant must file to admit or deny facts asserted by the plaintiff

Answer 10

answer

Question 11

a pleading that may be filed to attack the adverse party’s pleading as not stating a cause of action or a defense; a request to the court to dismiss the lawsuit

Answer 11

motion to dismiss

Question 12

procedures for ascertaining facts prior to the time of trial in order to eliminate the element of surprise in litigation

Answer 12

discovery

Question 13

the preliminary examination of a juror or a witness to ascertain fitness to act as such: jury selection

Answer 13

voir dire

Question 14

a court’s declaration that terminates a trial and postpones it to a later date; commonly entered when evidence has been of a highly prejudicial character or when a juror has been guilty of misconduct

Answer 14

mistrial

Question 15

the power to govern; the power to adopt laws for the protection of the public health, welfare, safety, and morals

Answer 15

police power

Question 16

a law making criminal an act that was lawful when done or that increases the penalty when done. Such laws are generally prohibited by constitutional provisions

Answer 16

ex post facto

Question 17

powers expressly granted the national government by the constitution

Answer 17

delegated powers

Question 18

name the five 1st amendment protections

Answer 18

freedom of speech, freedom of religion, freedom of the press, right to assemble, right to petition the government

Question 19

a strict constructionist interpretation of a constitution

Answer 19

bedrock view

Question 20

the term used when a constitution is interpreted according to changes in conditions

Answer 20

living-document view

Question 21

that section of the US Constitution allocating business regulation between federal and state governments

Answer 21

commerce clause

Question 22

“to regulate commerce with foreign nations, and among the several states and with the Indian tribes”

Answer 22

commerce clause

Question 23

a guarantee of protection against the loss of property or rights without the chance to be heard

Answer 23

due process clause

Question 24

a clause that entitles a person going into another state to make contracts, own property, and engage in business to the same extent as citizens in the state

Answer 24

privileges and immunities clause

Question 25

a federal statute prohibiting combinations and contracts in restraint of interstate trade, no generally inapplicable to labor union activity

Answer 25

sherman act

Question 26

a federal law that prohibits price discrimination

Answer 26

clayton act

Question 27

a federal statute designed to eliminate price discrimination in interstate commerce

Answer 27

robinson-patman act

Question 28

the anticompetitive practice of requiring buyers to purchase one product in order to get another

Answer 28

tying

Question 29

requirement that an agency make its final decision before the parties can go to court

Answer 29

exhaustion of administrative remedies

Question 30

federal law requiring agencies to make public disclosure of proposed rules, passed rules, and activities

Answer 30

Federal Register Act

Question 31

federal law permitting citizens to request documents and records from administrative agencies

Answer 31

freedom of information act

Question 32

law that requires advance notice of agency meeting and public access

Answer 32

Sunshine act