RAT questions from Chp 1 - Chp 9 Flashcards
Which answer best describes an element of criminal law described by the Latin term for “guilty mind?”
Mens Rea.
Which answer best describes one of the general rules regarding venue?
In civil cases it is determined by the location where incident occurred.
Which answer best describes the meaning of State courts’ plenary jurisdiction?
They have the power to hear any kind of case unless the power was given up to the Federal government.
Which answer best describes the RULE OF LAW where, even if Federal law does not preempt State law, there can still be no direct conflict between State law and Federal law?
The State Regulation of Interstate Commerce Rule.
Which answer best describes what is often referred to as “the fourth branch of government?”
Administrative Agencies.
Which answer best describes the concept that is at the heart of common law
Stare Decisis
Which answer best describes a classification of law where the recognized form of relief was monetary damages?
Common Law
Which answer best describes a classification of law that requires proof “beyond a reasonable doubt?”
Criminal Law.
Which answer best describes judicial interpretation?
It is scrutiny of legislation to determine its meaning and may be required because a statute or ordinance is worded too broadly or too ambiguously.
Which answer best describes a business where there is no legal distinction between the business and the individual who owns it?
Sole Proprietorship.
Which answer best describes a form of business organization created by Congress to ameliorate the burdens of double taxation?
A “S” Corporation
hich answer best describes what there must clearly be for an agent to avoid personal liability for a contract?
Principal.
hich answer best describes the equally un-modern term the master-servant doctrine?
It stands for respondeat superior
Which answer best describes the illegal act of charging excessive interest on a loan?
Usury
whats the primary equitable remedy in torts?
Injunction