TEST 1 over CH1,2,3 Flashcards
A reasonable definition of utilitarianism would be:
an action is morally correct if it creates the greatest number of good for the greatest amount of people.
A dissenting opinion is a(n)
A judicial opinion where a judge states a different result should have been reached by the court
The doctrine of supremacy is a court doctrine requiring that trial court decisions comply with appellate court decisions.
False
The new science of biotechnology promises to bring new cures of old diseases without creating serious legal issues and problems.
False
For purposes of determining the value of an appellate case as precedent, the strongest precedent would occur from a
unanimous opinion
Case law is often referred to as court law
True
Stare decisis is a common-law principle that is fundamental to the U.S. modern system of justice.
True
Procedural law is the law that establishes rights and prohibits wrongs.
False
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.
True
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.
False
Chapter 1
Chapter 1
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.
True
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
True
Natural law is a legal theory holding that such law precedes all man-made laws and recognizes the fundamental dignity of every human being.
True
Constitutional “due process of law” requirements do not apply to actions of
Private colleges
A proposed law that is constitutionally suspect may be
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
Only state supreme courts may declare state laws null and void.
False
The Constitution provides congress with the power to regulate business activities that affect interstate commerce.
True
The constitutional doctrine of separation of powers speaks of the relationship between the national government and the state governments.
False
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.
True
Judicial review means that the
Supreme Court has the power to declare legislative acts unconstitutional
CHAPTER 2
CHAPTER 2
Appellate courts decide questions of law, and do not ordinarily decide questions of fact.
True
In personam jurisdiction means jurisdiction over the person.
True
The burden of proof in a civil case rests on the defendant/respondent.
False
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?
The civil court filing must be dismissed because of the constitutional right against double jeopardy.
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
We do not know who wins at this point because the case has been returned to the trial court for further action.
Which of the following is a characteristic of a civil trial?
The process is begun by filing a petition
The inherent power of a jury in a criminal case to decide a case contrary to the law is called
Jury nullification
A bankruptcy matter can be heard in either a federal or state court.
False
Most civil cases are conducted in courts which are open to public observation.
True
- Exclusive jurisdiction occurs when only one court system has the power to hear the case.
True
