chapter 1-4 quiz notes

chapter 1-4 quiz notes - Any state law which affects...

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Unformatted text preview: Any state law which affects business in other states is unconstitutional as a burden on interstate commerce. TRUE OR FALSE Your private life is protected from intrusions by other people by: THE FOURTH AMENDMENT OF THE US CONSTITUTION THE EQUAL PROTECTION CLAUSE COURT DECISIONS OF THE US SUPREME COURT LOCAL ORDINANCE Sheriff Jane desires to search your home. What law requires that the sheriff obtain a search warrant? THE FOURTH AMENDMENT OF THE US CONSTITUTION THE EQUAL PROTECTION CLAUSE STATE STATUTE LOCAL UNIFORM POLICE ORDINANCES Which party or parties are entitled to file a motion to dismiss? DEFENDANT ONLY PLANTIFF ONLY BOTH PLANTIFF AND DEFENDANT NONE OF THE ABOVE When arbitration is mandatory under a statute, the losing party generally can appeal from such arbitration to a court. TRUE OR FALSE Congress can regulate which of the following activities under the concept of interstate commerce? MANUFACTURING THE STOCK EXCHANGES MINING ALL OF THE ABOVE Court decisions and statutes can take away right created by the US Constitution. TRUE OR FALSE The US Supreme Court can never function as a court of original jurisdiction. TRUE OR FALSE Document filed by both parties at the beginning of a lawsuit are called the pleadings. TRUE OR FALSE Administrative agencies are, in effect, a fourth branch of the government. TRUE OR FALSE Rights guaranteed in the US Constitution are not accompanied by duties. TRUE OR FALSE Garnishment applies to one's: WAGES Silence of the Congress in a particular area of law can indicate that Congress wishes the states to pass law in that area. TRUE OR FALSE The private life of a nonpublic citizen is subject to public scrutiny. TRUE OR FALSE ________________ is a body of principles that establishes the structure of a government and the relationship of that government to the people. A CONSTITUTION Our rights flow from: ALL OF THE ABOVE For the past century, the courts generally have followed the "living document" view in interpreting the Constitution. TRUE OR FALSE Which of the following powers is Not reserved solely to the national government? POWER TO COIN MONEY Legal principles expressed for the first time in court decisions are called: CASE LAW Judges of the US: ARE APPOINTED BY THE SENATE When there is a direct conflict between a federal and a state law, federal law prevails under the supremacy clause. TRUE OR FALSE The living Constitution has as a characteristic a strong government. TRUE OR FALSE Technology: HAS INDEED CREATED SITUATIONS THAT REQUIRE THE APPLICATION OF NEW RULES OF LAW. Individual rights guaranteed in the US Constitution: ARE SUBJECT TO STATE LEGISLATIVE LAWS One advantage of our current legal system is that the growth of technology has not created many new laws. TRUE OR FALSE The Seventh Amendment to the US Constitution provides for a federal ombudsman. TRUE OR FALSE The states may coin money as long as it is backed by gold. TRUE OR FALSE State supreme courts generally hear all cases appealed to them. TRUE OR FALSE If there is a reference to a third party to determine a dispute, most often the loser is not allowed to appeal the third party's decision. TRUE OR FALSE A system in which a central government is given poser to administer to national concerns and individual states administer to local concerns is called: FEDERAL States may adopt regulation when: A FEDERAL ADMINISTRATIVE AGENCY HAS NOT REGULATED The right to be secure against unreasonable searches and seizures conducted by the police is guaranteed by state statute. TRUE OR FALSE Which is not considered an alternate means of dispute resolution? ARBITRATION Administrative regulations: ARE CONSTITUTIONAL PRINCIPLES Which of the following is true about administrative agencies? AGENCIES EXERCISE POWERS GUARANTEED TO THEM THE US CONSTITUTION. A "rent-a-judge" serves as a referee. TRUE OR FALSE Treaties made by the US are not deemed part of the law. TRUE OR FALSE Courts can create law. TRUE OR FALSE E-mail accounts of employees that are created through their employer are not private. TRUE OR FALSE In the meditation, the mediator acts like a: JUDGE The group of time-honored rules that courts have used to solve similar problems for decades is called stare decisis TRUE OR FALSE The decisions of state circuit courts generally may be reviewed by the state's supreme court. TRUE OR FALSE IN Meditation tends to keep discussions between parties proceeding. TRUE OR FALSE The US utilizes a tripartite division of government. TRUE OR FALSE Administrative regulations generally do not have the force of a statute. TRUE OR FALSE Generally, the prevailing party in a lawsuit will be awarded the costs of the action, including witness fees and jury fees. TRUE OR FALSE The federal court system consists of three levels. TRUE OR FALSE The Constitution prohibits discrimination based on reasonable classification. TRUE OR FALSE The Constitution prohibits state governments from denying any person the equal protection of the law. TRUE OR FALSE Once a lawsuit is commenced, the case must go to the jury. TRUE OR FALSE ...
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