Bus 250 Schafer final exam || with Accurate Answers 100%.
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Module
Bus 250
Institution
Bus 250
The government itself prosecutes the wrongdoer in a case involving behavior so threatening that society outlaws it all together. This kid of case involves correct answers D. Criminal law
Common law refers to: correct answers B. law made when judges decide cases and then follow those decisions in...
Bus 250 Schafer final exam || with Accurate Answers 100%.
The government itself prosecutes the wrongdoer in a case involving behavior so threatening that
society outlaws it all together. This kid of case involves correct answers D. Criminal law
Common law refers to: correct answers B. law made when judges decide cases and then follow
those decisions in later cases
The three branches of government in the United States are: correct answers the executive,
legislative and judicial
In 1992, the North Carolina Supreme Court rules in a case entitled Goodman v. Wenco Foods,
Inc. that when a substance in food causes injury to a consumer of the food, it is not a bar to
recovery against the seller that the substance was natural to the food. If, in a 2008 case involving
a consumer's injury caused by a fish bone in a bowl of fish chowder, the court followed the
decision in Goodman v. Wenco Foods Inc., the court's action in the second case is an example of:
correct answers A. stare decisis
Congress enacted legislation in 1993 to regulate the securities industry and prohibit various
forms of fraud with securities. The securities Exchange Act of 1935 was passed a year later. This
law created the Securities and Exchange Commission (SEC) as an independent regulatory entity
whose function is to administer the two laws. The SEC has generated rules and regulations to
administer these acts. These rules and regulations are: correct answers B. administrative law
Henry David Thoreau felt that was was unjust and therefore refused to pay his taxes when the
United States declared war on Mexico. Thoreau felt that there was a higher law than the law of
the land. Which theory of jurisprudence was he applying? correct answers A. Legal positivism
The federal branch of the U.S. government: correct answers A. interprets statutes
The Unites States Supreme Court has the power to: correct answers B. declare an act of Congress
unconstitutional
President Nixon issed wage-price controls in an effort to stabilize the economy. This use of
executive power was: correct answers B. a valid use of power, known as an executive order
Which of the following would be an example of a civil lawsuit? correct answers C. Gretta hit
Rita in a bar during happy hour. Rita is now suing for her injuries
Curtis filled a lawsuit against Ulhoff for failure to repay $1000 according to the terms of a
promissory note. The trial ended before it began, with the trial judge granting motion for
summary judgement in favor of Curtis. Ulhoff has appealed, and the Supreme Court of Iowa has
remanded the case. This means: correct answers D. We don't know who wins yet because the
case is being returned to the trial court for additional steps
,Tony fell and injured himself in a Mega Toy Store. Mega Toy Store is incorporated in Delaware.
Tony is a resident of Nevada but was injured in a Mega Toy Store located in Arizona. Mega Toy
Store does not do business in Nevada. Tony's damages exceed $100,000. If Tony decides to sue
Mega Toy Store:
A. he many file the lawsuit in an Arizona state court.
B. he may file the lawsuit in a federal district court in Arizona
C. he must file the lawsuit in a federal district court because the federal courts would have
diversity jurisdiction in this case.
D. Either A or B correct answers D. either A or B
Federal jurisdiction based upon a "federal question" includes cases based on:
A. the United States Constitution
B. a federal statute
C. a federal treaty
D. all of the above correct answers D. all the above
Roxanne was injured when she fell in a hole while walking across her landlord's parking lot. She
and her lawyer hope they can settle the claim. Which of the following statements about
settlements is correct? correct answers D. A case can be settled at any time
In a civil case, the plaintiff must prove the case: correct answers A. by a preponderance of the
evidence
When an appellate court hears a case, it may:
A. affirm the decision
B. reverse the decision
C. modify the decision
D. All the above correct answers D. All the above
Judge Zellar was asked to decide if a plaintiff could see the interrogatories produced by the
defendant. The judge viewed the documents alone and decided that they should be made
available to the plaintiff. The judge made: correct answers A. an in camera inspection
After answering a summons and complaint, Mike received a set of written questions from the
plaintiff's attorney. He was directed to respond to the question in writing under oath. This
discovery technique is called: correct answers D. interrogatories
When an appeal is filed with the U.S. Supreme Court, the Supreme Court: correct answers C. has
discretion as to which case it hears
Karen is a strong swimmer. One afternoon she is having a picnic at a lake and sees a man she
does not known drowning. Generally Karen: correct answers D. has no legal duty to rescue the
man
, The U.S. Supreme Court was asked to decide whether same-sex harassment is a violation of Title
VII of the Civil Rights Act. This law forbids discrimination in employment on the basis of sex.
In interpreting statutes, the court may use which of the following?
A. The plain meaning rule
B. Legislative history
C. Public policy
D. All the above correct answers D. All the above
If in 1990 the Minnesota Supreme Court rules that a minor can void a contract at any time during
minority and in 2008 the courts in Minnesota still follow this ruling, this is an example of:
correct answers A.Stare decisis
The last protected trait added by Congressman Smith of virginia to the bill which became Title
VII of the Civil Rights Act of 1964 was: correct answers A. Sex (gender)
Administrative agency rules consist of: correct answers B. legislative and interpretive rules
Which statement is correct concerning judicial review of an administrative agency's action?
correct answers A. Courts usually accept the facts of the case as determined by the agency and
ofter defer to the agency's interpretation of the law
The states have a severely restricted power to enact laws that affect interstate commerce. This
concept is called correct answers D. the dormant aspect of the Commerce Clause
The doctrine of the preemption is based on the Constitution's correct answers D. Supremacy
clause
Inkred was entering the United States from a trip abroad when the Customs Service confiscated
some goods she had purchased and brought back with her. The determination of whether the
government is attempting to take property and what type of hearing the Customs Service must
offer Inkred, is an analysis of: correct answers B. procedural due process
The issue of constitutional protections afford flag burning was addressed in: correct answers A.
Texas v. Johnson
The "dormant" aspect of the Commerce Clause: correct answers A. is also known as the
"negative" aspect
which of the following limitations does not apply to the government in civil proceedings to take
a person's liberty or property? correct answers D. The Equal Protection Clause
The Supreme Court's approach during the period from the 1950s through the 1970s in deciding
cases on constitutional grounds is described as: correct answers B. judicial activism
A national magazine published an article about a famous television star. The television
personality is upset because the information contained in the story is not correct. If the actress
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