Test 1 Flashcards
Which of the following is a remedy that can be obtained from a court of equity?
a.
A maxim
b.
Specific performance
c.
Money damages
d.
Stare decisis
b.
Specific performance
- American jurists ____ and ____ defined law in a functional sense as predictions of the way that a court will decide specific legal questions.
a.
Roscoe Pound and Alexander Hamilton
b.
Blackstone and Austin
c.
Roscoe Pound and Benjamin Cardozo
d.
Oliver Wendell Holmes and Benjamin Cardozo
b.
Blackstone and Austin
A(n) ____ is the fundamental law of a particular level of government.
a.
Restatement of law
b.
executive order
c.
constitution
d.
code
C. constitution
In a court of equity, a chancellor could issue an order called a ____, compelling a defendant to do or refrain from doing a certain act.
a.
judgment
b.
decree
c.
stare decisis
d.
rescission
b.
decree
a.
A treaty signed by the President and approved by the Senate has the legal force of a federal statute.
b.
A federal statute may supersede a prior treaty.
c.
Both (a) and (b).
d.
Neither (a) nor (b).
c.
Both (a) and (b).
a.
It relies heavily on the adversary method for settling disputes.
b.
It depends heavily on comprehensive legislative enactments called Codes.
c.
It applies the principle of stare decisis.
d.
Both (a) and (c) are characteristics of common law systems.
d.
Both (a) and (c) are characteristics of common law systems.
a.
A common law system relies heavily on comprehensive legislative enactments and an inquisitorial system of determining disputes.
b.
In a common law system the judiciary initiates litigation, investigates pertinent facts, and conducts the presentation of evidence.
c.
The common law system prevails in most of Europe and Scotland.
d.
A common law system relies heavily on the judiciary as a source of law and on the adversary system for settling disputes.
d.
A common law system relies heavily on the judiciary as a source of law and on the adversary system for settling disputes.
The ____ to the U.S. Constitution makes it clear that the enumeration of rights found in the Constitution does not in any way deny or limit other rights that the people retain.
a.
1st Amendment
b.
10th Amendment
c.
12th Amendment
d.
9th Amendment
d.
9th Amendment
The ____ is composed of a distinguished group of lawyers, judges, and law teachers who have assumed the task of preparing “an orderly restatement of the general common law of the United States.”
a.
New York City Bar
b.
American Law Institute
c.
U.S. Supreme Court
d.
National Reporter System
b.
American Law Institute
Appellate judges can reverse a decision of the trial court:
a.
where any error below is found.
b.
only where there was an error that prejudiced the decision.
c.
only where the outcome of the case is clearly wrong.
d.
where the losing party desires a new trial.
b.
only where there was an error that prejudiced the decision.
The nonbinding, informal process in which a third party is selected by the disputing parties to attempt to help them reach a mutually acceptable agreement is known as:
a.
conciliation.
b.
negotiation.
c.
consensual arbitration.
d.
compulsory arbitration.
a.
conciliation.
Generally, State A may exercise “long arm” jurisdiction over a defendant located in State B if the defendant:
a.
once resided in State A.
b.
uses a product produced in State A.
c.
made a contract in State A.
d.
has relatives in State A.
c.
made a contract in State A.
On a federal question, a decision of the Sixth Circuit Court of Appeals:
a.
may be persuasive but is not binding on a Tennessee court.
b.
is binding on a Tennessee court.
c.
has no effect on any state court.
d.
is binding on all other federal appeals courts.
a.
may be persuasive but is not binding on a Tennessee court.
To resolve a lawsuit, a court must have how many different types of jurisdiction?
a.
One
b.
Two
c.
Three
d.
Four
b.
Two
Which of the following is NOT a way in which a case can reach the U.S. Supreme Court?
a.
Appeal by right
b.
Stare decisis
c.
Writ of certiorari
d.
All of the above are ways to reach the U.S. Supreme Court.
b.
Stare decisis
When a federal court hears a case solely under ____ jurisdiction, no federal question is involved.
a.
exclusive federal
b.
constitutional
c.
diversity of citizenship
d.
quasi in rem
c.
diversity of citizenship
The federal courts have exclusive jurisdiction over:
a.
federal criminal prosecutions.
b.
trademark and copyright cases.
c.
issues involving state constitutions.
d.
(a) and (b) above.
e.
(a) and (c) above.
d.
(a) and (b) above.
The U.S. Supreme Court in applying the doctrine of stare decisis is:
a.
rigidly bound by its own decisions.
b.
subject to a majority decision by the federal appellate courts.
c.
not rigidly bound by its own decisions.
d.
bound on all federal questions by state and lower federal court decisions.
c.
not rigidly bound by its own decisions.
Personal jurisdiction:
a.
may be obtained by personally serving a person within a state if that person is domiciled in that state.
b.
is also known as in rem jurisdiction.
c.
is obtained by seizing the defendant’s property.
d.
may arise only through a party’s consent.
a.
may be obtained by personally serving a person within a state if that person is domiciled in that state.
State trial courts of general jurisdiction:
a.
may be called county, district, common pleas, or superior courts.
b.
have a dollar limitation on their jurisdiction in civil cases.
c.
cannot hear criminal cases.
d.
maintain no formal records of their proceedings.
a.
may be called county, district, common pleas, or superior courts.
Andrew, an attorney, has a case that was recently heard by the United States Court of Appeals (8th Circuit). Andrew believes the case involves a significant issue of U.S. Constitutional law. He would like to have the United States Supreme Court hear the case. One way by which the U.S. Supreme Court may review the case is by:
a.
forum non conveniens.
b.
writ of certiorari.
c.
stare decisis.
d.
(b) and (c) above.
b.
writ of certiorari.
The U.S. Court of Appeals for the Federal Circuit reviews decisions of which of the following?
a.
Patent and Trademark Office
b.
Tax Court
c.
Bankruptcy Courts
d.
All of the above
a.
Patent and Trademark Office
A quorum consists of how many justices on the U.S. Supreme Court?
a. 3
b. 5
c. 6
d. 7
c. 6
What are the ways that cases may reach the U.S. Supreme Court?
a.
Appeal by right
b.
Writ of certiorari
c.
Writ of mandamus
d.
Both (a) and (b)
d.
Both (a) and (b)
Caroline signs a contract to work as a sales rep for Incellmed Corporation for a period of two years. This contract is governed by:
a.
Article 2 of the UCC.
b.
state common law.
c.
federal statute.
d.
the law of quasi contract.
b.
state common law.
contract law:
a.
has seen little change during the nineteenth and twentieth centuries.
b.
has experienced an expansion of the absolute freedom of contract during the twentieth century.
c.
today usually recognizes contractual obligations whenever the parties manifest an intent to be bound.
d.
requires privity between parties seeking to enforce contractual rights.
c.
today usually recognizes contractual obligations whenever the parties manifest an intent to be bound.
Any property other than an interest in real property is:
a.
goods.
b.
personal property.
c.
tangible property.
d.
intangible property.
b.
personal property.
Article 2 of the Uniform Commercial Code deals with what type of property?
a.
Real
b.
Personal
c.
Intangible
d.
Business
b.
Personal
Steven intentionally makes a material misrepresentation of fact regarding his motorcycle to Thelma who agrees to buy the motorcycle based upon the misrepresentation. This contract is:
a.
void.
b.
voidable.
c.
executed.
d.
unenforceable.
b.
voidable.
According to the UCC, an enforceable agreement involving the transfer of title of goods from a seller to a buyer for a price is called a(n):
a.
commercial contract.
b.
express contract.
c.
formal contract.
d.
sale.
d.
sale.
A(n) ____ contract is one in which the parties have manifested their agreement by oral or written language, or both.
a.
express
b.
implied
c.
executory
d.
formal
a.
express
One of the changes in contract law between the nineteenth century and the twentieth century is that in more recent times:
a.
contractual liability, once assumed, can rarely be escaped.
b.
contract damages are viewed more narrowly and equitable remedies are no longer available.
c.
privity of contract is required.
d.
intended third-party beneficiaries may sue in their own right.
d.
intended third-party beneficiaries may sue in their own right.
An obligation imposed by law where there has been no agreement or expression of assent by word or act on the part of either party involved is a(n):
a.
implied in fact contract.
b.
express contract.
c.
void contract.
d.
quasi contract.
d.
quasi contract.
Ken promises not to foreclose on a mortgage that he holds on an office complex that Christopher owns. In reliance on this promise, Christopher expends $200,000 to remodel the
complex. Which of the following is correct with regard to Ken’s promise?
a.
Ken’s promise not to foreclose is unsupported by consideration.
b.
Ken’s promise is noncontractual.
c.
Ken’s promise will be enforced against him based upon the doctrine of promissory estoppel.
d.
All of the above.
d.
All of the above.
Which of the following is an informal contract?
a.
A letter of credit.
b.
A written contract for the sale of a 5-acre tract of land.
c.
A check.
d.
A recognizance.
b.
A written contract for the sale of a 5-acre tract of land.
Promissory estoppel is found in Section ____ of the Restatement (Second) of Contracts.
a. 71
b. 81
c. 90
d. None of the above
c. 90
