master1-6
docx
keyboard_arrow_up
School
Colorado State University, Fort Collins *
*We aren’t endorsed by this school
Course
ORGANIZATI
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
8
Uploaded by pauldouglaswill
Chap 1-3 mod1
1.Standing is a statutory requirement that Congress can eliminate. False
2.An attorney may reveal a client’s secrets after the client’s death. False
3.A peremptory challenge can be used to remove a juror based on gender. false
4.Under Article II, __________.
the President has the power to nominate judges with the advice and
consent of the Senate
age, citizenship and qualification are major requirements for becoming a
federal judge
the Constitution allocates legislative power to Congress
the judiciary is granted the power to hear “cases” and “controversies”
in the event that federal and state law conflict, federal law trumps state
law
5.Which of the following is an example of a “check and balance” that exists between the government’s
branches? Checks and balances refers to a system that allows each branch of a government to amend or
veto acts of another branch so as to prevent any one branch from exerting too much power. One
example of this is that Congress may override a Presidential veto.
The Supreme Court may issue an advisory opinion about any bill before
Congress approves it and before the President signs it.
Congress may override a Presidential veto.
The President may veto a Supreme Court opinion.
Congress may overrule a Supreme Court opinion by issuing a
“Congressional Overruling of Judicial Opinion” statement.
The President has the power to declare war.
6. The dual system of government in the United States is called federalism. True
Federalism is the relationship between the state governments and the U.S. federal government.
7. Business executives are exempt from jury duty if it interferes with their jobs. False
Only a small number of people, like active members of the military, are exempt from jury duty.
8. Which of the following is Congress NOT able to do?
Declare war
Engage in its enumerated powers as set forth in the U.S. Constitution
Override a U.S. Supreme Court decision, providing there is a two-thirds
majority vote in favor of doing so
Override the President’s veto of a bill by a supermajority vote
Override a legislative “check” on the executive branch
9. Discovery is designed to prevent trial by surprise. True
Discovery is the sometimes expensive phase of trial where each party turns over its evidence to be used
at trial.
10. It is normally wise to represent yourself in court if you have some form of legal background. False
Generally speaking, a person should not represent himself or herself in court. Emotions can cloud a
person’s judgment and hiring an attorney who is trained for the work is the wiser choice.
11. The only unelected branch of government is which of the following? Judiciary
12.
Res judicata
prevents the relitigation of issues and claims already fully determined. True
13. Requiring a defendant to pay a portion of his or her wages to satisfy a judgment is called
__________.Garnishment
14.
What types of petitions can be filed by indigent litigants who cannot afford to hire a lawyer to
write and file a petition for them? In forma pauperis
Chap 4 and 5 mod2
1.
Federalism refers to
the division and sharing of power between state and federal governments
2.
Congress has the power to “pay the debts and provide for the common defense and general welfare.”
This is known as spending power.
3. Which of the following is NOT a common method of ADR? Litigation
4. 14
th
amendment- prevents any state from depriving citizens of their rights without “due process of
law”
5. Which of the following best describes the term
habeas corpus
? The right to seek release from
unlawful detention by petitioning a neutral judge
6. Reservation point is the bottom line
7. restricts the states’ abilities to regulate commerce, rather than the federal government’s-dormant
clause
8. Which of the following distinguishes mediation from negotiation? Involvement of a third party
9. The Eighth Amendment-cruel and unusual punishment
Ch 11+12 mod3
1.What is the mission of the U.S. Securities and Exchange Commission (SEC)? To protect investors and to
maintain a fair market
2. Under older common law, shareholders could sue a company that conducted business beyond the
scope of its articles. These actions are called ultra vires
3. What is the one truism that binds all businesses together the need to make a profit
4. Which of the following statements about discrimination on the basis of national origin is
true
?
Workplace “English-only” rules are illegal unless they are required for the job being performed
5. is an association of two or more persons in an unincorporated entity to do business and share profits
and losses. General partnership
6.
Which of the following is a major advantage of sole proprietorships? Autonomy comes with total
ownership of the business’s finances.
7. Under the _______ doctrine, workers in the United States are free to work for whomever they want
to, and employers are free to hire whomever they want to, and fire them at will. Employment-at-will
8. What was the main purpose of Title VII? To integrate African Americans into the mainstream of
society
9. Which of the following statements is
true
about limited liability? It is any type of investment where
the investor’s maximum possible loss is the amount invested.
10. Discrimination against a majority group is called __________.reverse discrimination
11. What is the most common form of doing business in the United States? Sole proprietorship
12. exists when there is intentional discrimination against a member of a protected class. Disparate
treatment
13. The Civil Rights Act of 1964 has several provisions, but the most important for businesses is known
widely as __Title VII
14. Which of the following is a major advantage of sole proprietorships? Autonomy comes with total
ownership of the business’s finances.
Ch 6 mod4
1.
If a contract concerns an illegal subject matter and a court will not step in to such a contract to
enforce its promises, it is an example of _________ as a defense to performance. Lack of
capacity.
2. Identify the correct statement about contracts.
A contract represents mutual assent to a bargained-for exchange between parties.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
3. Standing requires that a case be brought at the right time and by the right person. True
Standing is a constitutional requirement referring to the legal right to bring a lawsuit.
4. A contract clause that restricts competition for a specified period of time, within a certain geographic
area, and for specified activities is known as a(n) non-compete clause
5. This defense is used when a contract contains markedly unfair terms against the party with less
bargaining power or sophistication than the party who created the terms and induced the other party to
sign it.
Unconscionability
6. Both parties in a lawsuit are obligated to turn over material that supports their own case, without
demand from the other side. True
7. f a supervisor fires a subordinate for breaking up with him/her, then which of the following has taken
place?
Quid pro quo
harassment
8. What is
stare decisis?
The principle that courts should follow precedents
9.Promissory estoppels
is a type of equitable remedy that may be imposed on parties to avoid injustice,
when one party detrimentally relied on another party’s promise.
10. Identify the correct statement
about contracts.-
A contract represents mutual assent to a bargained-for
exchange between parties.
11. If a contract concerns an illegal subject matter and a court will not step in to such a contract to
enforce its promises, it is an example of _________ as a defense to performance. impossibility
12. In common-law contracts, the acceptance must be a(n) _____ of the offer to constitute valid
acceptance. Mirror image
13. The Uniform Commercial Code (UCC) article 2 __________. governs contracts between a merchant
and the sale of goods
14. What is
stare decisis
? The principle that courts should follow precedents
15.Res Judicata- prevents a civil case from being heard twice
16. A method of ADR in which parties vest authority in a neutral third-party decision maker is
__________.arbitration
17.
In common law, ___offer______ creates the power of acceptance in another party and includes
the agreement’s essential elements, which must be definite and certain.
Chapter 7
1.
An advertisement that promises “the best food in town” is an example of ________ since
it is opinion.
puffery
1 points
Question 2
1.
________ takes place when a person or company uses someone else’s name, likeness, or
other identifying characteristic without permission.
Misappropriation
1 points
Question 3
1.
The right of a business owner to use extreme force in detaining a suspected shoplifter for
a reasonable period of time is known as the shopkeeper’s privilege.
False
1 points
Question 4
1.
Strict liability applies when restaurants serve alcohol to visibly intoxicated persons.
True
1 points
Question 5
1.
Defamation can take place against goods or products instead of people.
True
1 points
Question 6
1.
________ is the written form of defamation.
Libel
Question 7
1.
Which Act requires lenders to accurately provide information concerning the costs
involved in offers of credit
The Truth in Lending Act
Question 8
1.
If a plaintiff unknowingly and involuntarily assumes the risk of participating in a
dangerous activity, then the defendant is not liable for injuries incurred.
false
Question 9
1.
The oral form of defamation is considered ___slander_______.
Question 10
1.
A product may be defective because of a design defect.True
Mod 6 ch 8 9
1.
Any intellectual property not protected by law and freely available for any member of the
public to use is known as __________.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
public domain
1 points
Question 2
1.
________ is the use of a famous trademark in a manner intended or designed to cause
tarnishment of the mark.
Dilution
1 points
Question 3
1.
________ is a clause that prohibits parties from transferring the rights conveyed by a
contract to another party.
Restriction on assignment
1 points
Question 4
1.
Patent infringement __________.
is an actionable claim
Question 5
1.
The practice of ________ arises when a company registers a domain name containing a
famous trademark in hopes of selling that trademark to its rightful owner for a large
profit.
cybersquatting
1 points
Question 6
1.
Which federal law protects trademarks?
The Lanham Act
1 points
Question 7
1.
Personal property __________.
is property that is not real property
1 points
Question 8
1.
Which of the following does NOT guarantee the protection of intellectual property?
Disclaimers
1 points
Question 9
1.
Identify the best definition of real property.
It is land and certain things that are attached to it
1 points
Question 10
1.
Intangible property, the product of human ingenuity, protected by law is known as
__________.
intellectual property