TEST 1 over CH1,2,3

Question 1

A reasonable definition of utilitarianism would be:

Answer 1

an action is morally correct if it creates the greatest number of good for the greatest amount of people.

Question 2

A dissenting opinion is a(n)

Answer 2

A judicial opinion where a judge states a different result should have been reached by the court

Question 3

The doctrine of supremacy is a court doctrine requiring that trial court decisions comply with appellate court decisions.

Answer 3

False

Question 4

The new science of biotechnology promises to bring new cures of old diseases without creating serious legal issues and problems.

Answer 4

False

Question 5

For purposes of determining the value of an appellate case as precedent, the strongest precedent would occur from a

Answer 5

unanimous opinion

Question 6

Case law is often referred to as court law

Answer 6

True

Question 7

Stare decisis is a common-law principle that is fundamental to the U.S. modern system of justice.

Answer 7

True

Question 8

Procedural law is the law that establishes rights and prohibits wrongs.

Answer 8

False

Question 9

For hundreds of years, the common law of England had evolved into a framework of principles found in both customs and statutes that were brought to the New World by early colonial settlers.

Answer 9

True

Question 10

Under a duty model of ethics, an action is morally correct or right when, among people it affects, it produces the greatest amount of good for the greatest number.

Answer 10

False

Question 11

Chapter 1

Answer 11

Chapter 1

Question 12

Under the “incorporation doctrine,” the Supreme Court has imposed most of the governmental limitations of the Bill of Rights on the state governments by interpretation of the due process clause of the Fourteenth Amendment.

Answer 12

True

Question 13

As part of a states inherent sovereignty (power to govern), a state possesses police power to regulate private citizens to promote and protect the public health, safety, or general welfare of the citizens

Answer 13

True

Question 14

Natural law is a legal theory holding that such law precedes all man-made laws and recognizes the fundamental dignity of every human being.

Answer 14

True

Question 15

Constitutional “due process of law” requirements do not apply to actions of

Answer 15

Private colleges

Question 16

A proposed law that is constitutionally suspect may be

Answer 16

rejected by vote of the legislature, before enactment.
b. vetoed by the chief executive, after enactment by the legislature.
c. ruled unconstitutional by the appropriate court.
D. all the above

Question 17

Only state supreme courts may declare state laws null and void.

Answer 17

False

Question 18

The Constitution provides congress with the power to regulate business activities that affect interstate commerce.

Answer 18

True

Question 19

The constitutional doctrine of separation of powers speaks of the relationship between the national government and the state governments.

Answer 19

False

Question 20

The natural law principle of private domain provides that an individual is free to do anything he or she chooses, unless specifically prohibited or circumscribed by reasonable positive law.

Answer 20

True

Question 21

Judicial review means that the

Answer 21

Supreme Court has the power to declare legislative acts unconstitutional

Question 22

CHAPTER 2

Answer 22

CHAPTER 2

Question 23

Appellate courts decide questions of law, and do not ordinarily decide questions of fact.

Answer 23

True

Question 24

In personam jurisdiction means jurisdiction over the person.

Answer 24

True

Question 25

The burden of proof in a civil case rests on the defendant/respondent.

Answer 25

False

Question 26

Fred Arden is tried in a criminal court and found innocent of the charge of theft. Shawn Finister, the victim of the alleged crime, sues Fred in civil court to recover damages for civil conversion. The tort claim involves the same act for which Fred was found innocent in the criminal court. Which of the statements below is false?

Answer 26

The civil court filing must be dismissed because of the constitutional right against double jeopardy.

Question 27

Carla filed a lawsuit against her neighbor Brenda for damages related to a breach of contract. The trial began but ended when Carla made a motion for summary judgment and the judge granted it. Brenda appealed and the Supreme Court of Tennessee has remanded the case back to the trial court. At this point in the proceedings, we know that

Answer 27

We do not know who wins at this point because the case has been returned to the trial court for further action.

Question 28

Which of the following is a characteristic of a civil trial?

Answer 28

The process is begun by filing a petition

Question 29

The inherent power of a jury in a criminal case to decide a case contrary to the law is called

Answer 29

Jury nullification

Question 30

A bankruptcy matter can be heard in either a federal or state court.

Answer 30

False

Question 31

Most civil cases are conducted in courts which are open to public observation.

Answer 31

True

Question 32

1. Exclusive jurisdiction occurs when only one court system has the power to hear the case.

Answer 32

True