Study Guide 1

Question 1

1. Philip believes that moral values inherent in humankind should form the basis of law and that these principles are a higher authority than human-made law. Philip is a proponent of:

Answer 1

A. natural law.

Question 2

2. Mega Corporation has developed a strategic plan that calls for an emphasis on appealing to a younger demographic. If it decided that such an appeal to a younger market would necessitate a change in the corporate logo and trademark, such changes would require an understanding of:

Answer 2

B. intellectual property law.

Question 3

3. The preamble of the Constitution:

Answer 3

D. states the broad objectives of the Constitution

Question 4

4. Judicial review is the:

Answer 4

D. power of a federal court to declare a state or federal statute invalid if inconsistent with the Constitution.

Question 5

5. Assume that the state of Georgia has just raised the fee for registration of motor vehicles $5 per year. If challenged, this new statute would be reviewed using:

Answer 5

A. rational basis scrutiny.

Question 6

6. The power to carry out foreign policy is an enumerated power granted to:

Answer 6

A. the executive branch.

Question 7

7. Which of the following does not occur in appellate court trials?

Answer 7

A. presentation of testimony and new evidence

Question 8

8. When an attorney requests a change of venue, the attorney is asking:

Answer 8

C. to move the trial from one location to another due to the potential unfairness of a trial in the first location.

Question 9

9. Rich has been arrested for a series of 21 home burglaries that spanned over nine months. The news regarding the crime spree was on television, on radio, and in the newspapers on a regular basis. His lawyer doesn’t believe that Rich can get a fair trial locally, so he will ask for:

Answer 9

C. a change in venue.

Question 10

10. Which of the following is not required in order to show standing to assert a claim?

Answer 10

B. The party must be a citizen or taxpayer eligible to use the U.S. court system.

Question 11

11. The filing of the complaint begins which stage of litigation?

Answer 11

A. the pleadings

Question 12

12. The number of civil cases filed annually in state and federal courts combined exceeds:

Answer 12

D. 20 million

Question 13

13. Who, among the following, is not present during a pretrial conference?

Answer 13

C. the court reporter

Question 14

14. Fred is a student in your class and is frequently disruptive. Your professor has asked him to stop talking four times and to stop texting three times just in today’s class. Finally your professor asks him to leave, and when Fred says, “Make me,” your professor loses it and knocks him out with a right cross to the jaw. Fred is now suing your professor for civil battery. Both sides believe that you can provide valuable information for their sides. Which discovery method should they use to get your information?

Answer 14

A. a deposition

Question 15

15. Fly High Aviation provides maintenance for executive jets based on private contracts with corporations that maintain airplanes for company use. Which of the following is least likely to be a Fly High stakeholder?

Answer 15

C. the citizens who live near the airports that planes maintained by Sky High fly into

Question 16

16. The utilitarian approach to moral philosophy was founded by:

Answer 16

A. Jeremy Bentham.

Question 17

17. The categorical imperative test consists of:

Answer 17

A. individuals making ethical decisions with an eye toward potential consequences if everyone in society acted similarly.

Question 18

18. KAM Corp. has separate codes of ethics and conduct. Each of the following would likely be included in its code of ethics except:

Answer 18

C. avoidance of conflicts of interest.

Question 19

19. Enron Corporation was a multinational conglomerate with a core business of:

Answer 19

B. energy trading.

Question 20

20. Joshua is a highly accomplished soccer player and a successful coach. He is often hired by other coaches to run soccer clinics and soccer camps for their teams. If Joshua decides to incorporate and sell stock to finance the corporation, the area of law that he would need to be aware of with regard to the stock sales would be:

Answer 20

A. securities law.

Question 21

21. The power to impeach and remove is a check and balance power:

Answer 21

B. of the legislative branch.

Question 22

22. The primary authorization of constitutional powers is given to Congress under:

Answer 22

B. Article I of the Constitution.

Question 23

23. Because it is not a state, cases arising in Washington, D.C., are heard by:

Answer 23

D. the Court of Appeals for the District of Columbia.

Question 24

24. Diversity jurisdiction requires citizens of two different states:

Answer 24

D. and a controversy of $75,000 or more.

Question 25

25. During the pleadings stage, a third party may be brought into the trial by a defendant by filing:

Answer 25

C. a cross-claim.