1) James, a resident of Oregon claims ownership of a warehouse in Washington. A dispute...
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Finance
1)
James, a resident of Oregon claims ownership of a warehouse in Washington. A dispute arises because Susan, a resident of Idaho also claims ownership of the land where the warehouse sits. Susan files a lawsuit in Washington against James to determine who really owns the land and warehouse. The Washington courts can hear this dispute because:
Indiana has personal jurisdiction over the parties.
Diversity jurisdiction over the parties
in rem jurisdiction over the property
no jurisdiction
2)
Alternative dispute resolution (ADR) is often preferable to litigation because:
It is usually less expensive
It is usually faster
the proceedings and results can be kept private
All of the above
None of the above
3)The purpose of criminal law is:
To punish behavior society considers to be a threat
Compensate injured parties
Provide plots for new movies and TV shows
Rehabilitate people with personality disorders
4) The purpose of Civil Law is to:
Punish criminal behavior
Resolve disputes and compensate injured parties
Keep judges employed
Rehabilitate people with personality disorders.
5)
Inferior Company sells products that are poorly made. Ellen is outraged at the poor quality of their products, and even though she has never bought a product made by Inferior Company she sues them in Court alleging that the products are defective. Inferior Company's best defense is to allege that Ellen does not have ___________ to bring the lawsuit.
venue
standing
jurisdiction
stare decisis
6) Regulations can be challenged as invalid in the Courts if the Plaintiff believes the agency that created the regulations:
Acted with ultra vires
Did not comply with the Administrative Procedures Act (APA)
Exceeded the authority given to the Agency by Congress
All of the above
None of the above.
7) Voir Dire is the process of presenting evidence at trial.
True
False
8) Which of the following categories of laws is not created by elected officials?
Statutes
Ordinances
Executive Orders
Regulations
9) Federalism means:
A government is subject to a written constitution
Power is split among equal branches of government
Power is split between a Central government and State governments
The President is above the law.
10) Illinois enacts a statute that violates the U.S. Constitution. This statute is valid:
Only within the state of Illinois
Only by the Federal Government
It is not valid or enforceable
Only if it is also part of the state's police powers.
11)Mary lost her civil lawsuit at trial. She has appealed the decision to the Court of Appeals. The Appeals Court will:
Refuse to hear the appeal because they do not have to hear an appeal if they do not want to.
Give Mary a new trial in the Appeals Court
Hear the case but only if she pays the Judges enough money
Review the trial transcript and briefs of the parties to detemine whether the trial was fair and proper.
12) David serves a Summons and Complaint on Robert. Once served Robert can do which of the following
Prepare an Answer to the Complaint
File a Cross Complaint against the Plaintiff
Prepare a Demurrer or Motion to Dismiss
Any of the above
None of the above
13) Sally and Tom disagree over the amount of money due under their contract. In order to avoid any third party to resolve their dispute, they might decide to resolve the dispute through
Litigation
Arbitration
Mediation
14) The State of Wyoming regulates private activities to protect or promote public health, safety, welfare, or morals under its _______________.
police powers
commissioner powers
supremacy powers
abaraxic powers
15)Congress can only spend money on things specifically enumerated in the Constitution.
True
False
16)Evan files a lawsuit against the State of Kansas claiming that a Kansas law violates the Commerce Clause of the U.S. Constitution. The Court will agree and invalidate the Kansas law if they find that the statute:
regulates private activities
imposes a substantial burden on interstate commerce
Regulates commerce strictly within the State of Kansas
promotes to any extent the health or general welfare of Kansas residents.
17)State governments retain all powers not specifically granted to the central government in the Constitution.
True
False
18)The State of Vermont can reserve fishing licenses for residents born in Vermont and refuse the right to fish for residents of all other states under:
The privileges and immunities clause of the U.S. ConstitutionTrue
The Full Faith and Credit clause of the U.S. ConstitutionFalse
The equal protection clause of the U.S. Constitution
All of the above
None of the above
19)If Congress passes a statute that is vetoed by the President, Congress can:
Override the veto if both houses pass the statute with a 2/3 majority
Override the veto with a simple majority if they do it three times
Impeach the President with a simple majority of the Senate
Appeal to the Supreme Court to overrride the Presidential veto.
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