acct352exam_1

acct352exam_1 - 1. Bart is the plaintiff in a lawsuit....

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1. Bart is the plaintiff in a lawsuit. After he filed the complaint, the Court decided that he does not have standing. The fact the he does not have standing means: a. He does not have a right to appeal the decision. b. He must sit through the entire trial process. c. He has no protected or tangible interest in the case. d. He has a legally protected and tangible interest in the case . 2. The first ten amendments to the U.S. Constitution (the Bill of Rights) are based upon the earlier: a. Declaration of Human Rights b. English Bill of Rejoinder c. Universal Bill of Fundamental Rights d. Magna Carta 3. The Delaware legislature legally enacts a state law that is in direct conflict with a law passed by Congress. In this situation, a. Both laws are invalid. b. The Delaware law is the law of Delaware, and the federal law is the law in the rest of the country. c. The federal law takes precedence. d. The state law takes precedence. 4. Most countries follow the “Civil Law” system, which English-speaking countries follow the “Common Law” system. The basic feature of Common Law is that: a. It is based on non-statutory, judge made law b. It is the law which is common to all countries. c. It describes the fact that the law of England and the law of the U.S. are identical. d. It is the law which is well known and easily understood 5. “Judicial Review” is: a. The power of Congress to remove federal judges when their decisions do not follow public policy. b. The power of courts to decide whether actions of the other branches of government are constitutional. c. The power of courts to write laws when Congress is unable or unwilling to do so. d. The power of the executive branch to review and revoke court decisions with which it disagrees. 6. Before a court may hear a case, it must have jurisdiction: a. Over the defendant or the property at issue and the subject matter involved in the case. b. Over the defendant only
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c. Over the defendant or the property at issue but not over the subject matter. d. Over the subject matter involved in the lawsuit only. 7. Pre-trial discovery is an essential part of all litigation. It includes: a. Interrogatories, depositions, and requests for examination. b. Interrogatories, depositions, and demands for judgments c. Motions for summary judgment and motions for judgments notwithstanding the verdict d. Depositions and dispositions. 8. In general, an appellate court will overturn the decision of a lower court only if: a. The judge in the lower court was improperly assigned. b. The judge made an error in applying the law to the case. c. The judge made an error in interpreting the facts of the case. d. The plaintiff lost the case. 9.
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This note was uploaded on 02/15/2012 for the course BLAW 1310 taught by Professor Hale during the Fall '11 term at Texas State.

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acct352exam_1 - 1. Bart is the plaintiff in a lawsuit....

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