Name________________________________________
Choose the best answer. All questions are weighted equally. For true/false questions, A is true and B is false.
________ 1. True or False. According to Business Ethics Case 1.2 in your textbook
(your homework assignment), in 1980 several men who were subject to draft registration were successful (meaning they won) in bringing a lawsuit challenging the draft registration’s constitutionally under the Equal Protection Clause of the U.S. Constitution because women were not subject to the draft registration.
________ 2. The following questions is based upon your homework, briefing the case writing assignment 2.5, Anheuser-Busch, Inc. v. Schmoke, In that case, which of the following was true?
a. The case involved Anheuser-Busch’s right to advertise on television nationally.
b. The case involved Anheuser-Busch’s right to advertise on television in Baltimore, MD.
c. The case involved Anheuser-Busch’s right to place advertisements on billboards nationally.
d. The case involved Anheuser-Busch’s right to place advertisement on billboards in Baltimore, MD.
e. The case involved both Anheuser-Busch’s right to place advertisements on television nationally and locally in Baltimore, MD.
________ 3. Which one of the following schools of jurisprudential thought believes that law is a aggregate of social traditions and customs that have developed over the centuries?
a. Natural law school.
b. Historical school
c. Analytical school.
d. Sociological school.
e. Command school.
________ 4. The American Legal System is based upon the common law system.
According to your textbook, in which country did this common law
system develop?
a. France.
b. Germany.
c. England.
d. Sweden.
e. Spain.
_________ 5. True or False. If a statute regulates a particular employment practice,
the statute will apply rather than the common law (judicial decision) doctrine that applied before the enactment of the statute.
_________ 6. True or False. New evidence or testimony is heard in an appellate case
to the California Supreme Court (highest state court).
_________ 7. True or False. In general federal courts have more limited jurisdiction
than state courts because the federal courts can only generally hear
cases involving federal questions and diversity of citizenship.
_________ 8. Concurrent jurisdiction means:
a. only the state court has jurisdiction to hear the case.
b. only the federal court has jurisdiction to hear the case.
c. only the probate court has jurisdiction to hear the case.
d. only the bankruptcy court has jurisdiction to hear the case.
e. both the state and federal courts have jurisdiction to hear the case.
________
9. Which one of the
following is a pretrial procedure that could itself (without a further motion)
result in a judgment without a formal trial?
a. Deposition.
b. Motion for Judgment on the pleadings.
c. Request for Production of Documents.
d. Interrogatories.
e. Motion for a Judgment N.O.V. (notwithstanding the verdict).
________ 10. Arbitration is:
a. a process where a neutral third party acts to help the parties resolve their dispute.
b. A process where the judge acts to help the parties resolve their dispute.
c. a process where a neutral third party is chosen to hear and decide the case.
d. A process where the judge assigned to the case hears and decides the case with a mini-trial.
e. All of the above are arbitrations.
_______ 11. True or False. In a federalist system, like the United States, the federal government and the 50 state governments share power.
________ 12. Arbitration is:
a. a process where a neutral third party acts to help the parties resolve their dispute.
b. A process where the judge acts to help the parties resolve their dispute.
c. a process where a neutral third party is chosen to hear and decide the case.
d. A process where the judge assigned to the case hears and decides the case with a mini-trial.
e. All of the above are arbitrations.
________ 13. True or False. The Commerce Clause gives the federal government the authority to regulate interstate commerce.
________ 14. Police power permits states to enact laws to protect or promote:
a. the public health, safety, moral and general welfare and patents.
b. the public health, safety, patents and bankruptcy.
c. The public health, safety, and telecommunications industry.
d. the public health, safety, moral and general welfare.
e. all legitimate purposes.
________ 15. True or false. According to your textbook, for the purposes of determining whether speech is protected or unprotected obscene speech, the definition of obscene is concrete, clear and objective.
KEY
1. a (page 19-20)
2. d (page 1039)
3. b (page 7)
4. c (page 9)
5. a (page 13-14)
6. b (page 23)
7. b (page 28)
8. e (page 28)
9. b (page 38: Exhibit 2-1)
10. c (page 41)
11. a (page 49)
12. c (page 41)
13. a (page 52-3)
14. d (page 55-6)
15. b (page 59)
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