Seaport BUS C110 Midterm Exam

| August 31, 2016

Question
Seaport Quiz / Exam:
BUS C110 Midterm Exam
Page 1

1. The Constitution prescribes that the president has the veto power over any legislation, but the House and Senate can override a presidential veto with two-thirds vote in each chamber.

True

False

2. Common law consists of decisions by courts that involve interpretation of statutes, regulations, and treaties.

True

False

3. A holding is the court’s complete answer to an issue that is critical to deciding the case and thus gives guidance to the meaning of the case as a precedent for future cases.

True

False

4. Which of the following about the federal court system is true?

The federal judicial system consists of four levels.

The federal district courts are the trial courts in the federal system.

The U.S. District Court for the Southern District of New York has 54 district judges.

The U.S. District Court in Manhattan has 15 magistrates.

The district judges throughout the United States can preside over criminal cases only.

5. Identify the correct statement about the Federal-State balance.

Socialism was the system devised by the nation’s founders, in which power is shared between states and the federal government.

Article III makes clear that federal courts are courts of unlimited power or jurisdiction.

The only kinds of cases federal courts are authorized to deal with have strong federal connections.

Federal courts have full jurisdiction over matters that are historically exclusively within the domain of state law.

Citizens can go to a federal building or courthouse to get a marriage license, ask for a divorce, or probate a will.

6. Federal courts have to consider state-law-based claims when a case involves claims using both state and federal law.

True

False

7. A court that hears appeals from the trial court is said to have original jurisdiction.

True

False

8. Appellate courts do not retry the evidence, but rather determine whether the trial was conducted in a procedurally correct manner.

True

False

9. Article III of the U.S. Constitution provides unlimited power to the federal judiciary.

True

False

10. A federal court has exclusive jurisdiction over cases between Citizens of the same State claiming Lands under Grants of different States.

True

False

11. The U.S. Supreme Court can void the president’s executive orders if they are contrary to the Constitution’s language.

True

False

12. States cannot constitutionally pass laws that interfere with the accomplishment of the purposes of the federal laws, but Congress can pass standards that are more stringent than the federal laws.

True

False

13. When Congress uses its power under the commerce clause, it can expressly state that it wishes to have _____.

judicial review

a dormant commerce clause

exclusive regulatory authority

interstate commerce

absolute police power

14. Article I of the Constitution deals with _____.

the executive branch

judicial powers

administrative agencies

legislative powers

federalism

15. The Supreme Court has reserved for itself the power to determine when state action is excessive, even when Congress has not used the commerce clause to regulate.

True

False

16. In a true free market, there are no parties, institutions, or governmental units regulating the price, quantity, or quality of any of the goods being bought and sold in the market.

True

False

17. Administrative regulations are not legally binding unless they are published.

True

False

18. Which of the following is true about a free market?

A true free market would deal with market imperfections.

The current situation of six major banks that are “too big to fail” is an example of destructive competition.

In economic systems, it is unlikely for natural monopolies to occur.

The free market in actual terms consists of commerce legally constrained by what is economically desirable and by what is socially desirable as well.

A true free market is a market free from any regulation.

19. The _____ governs all agency procedures in both hearings and rulemaking.

Code of Federal Regulations

delegation doctrine

enabling act

Federal Register

Administrative Procedure Act

20. Conventions are treaties on matters of common concern, usually negotiated on a regional or global basis, sponsored by an international organization, and open to adoption by many nations.

True

False

21. ]Treaties are only binding as long as each party continues to recognize their binding effect.

True

False

22. When the United States has imposed sanctions on trade, the International Emergency Economic Powers Act (IEEPA) has often been the legislative basis.

True

False

23. The act-of-state doctrine, enunciated by the Supreme Court, governs claims to recover for acts of expropriation.

True

False

24. In a contract, national or international, the parties may specify the court where any disputes between the parties will be settled. This specification is known as the _____.

runaway shop clause

forum-selection clause

abatement clause

hot cargo clause

ultra vires clause

25. When an illegal act taking place within the borders of one nation can have a direct and foreseeable impact on another nation, the principle of _____ comes into play.

res judicata

tipee doctrine

nationality jurisdiction

objective territoriality

delectus personae

26. The seriousness of a crime is defined by the nature or duration of the punishment set out in the statute.

True

False

27. An unintentional killing that takes place during an armed robbery is a homicide.

True

False

28. A statement, though true, is perjury if the maker of it believes it to be false.

True

False

29. If a defendant intends to do something that was not criminal, no act in furtherance of his intention can be an attempt.

True

False

30. _____ is the crime of giving a false oath orally in a judicial proceeding.

Perjury

Misdemeanor

Mens rea

White-collar crime

Larceny

31. According to _____, evidence obtained in violation of constitutional rights from the Fourth, Fifth, and Sixth Amendments are generally not admissible at trial.

the establishment clause

the Free Exercise Clause

double jeopardy

totality-of-the-circumstances

the exclusionary rule

32. In a civil case, the tort victim or his family, not the state, brings the action.

True

False

33. Intentional torts result from carelessness.

True

False

34. The law imposes no obligation to act in a situation to which we are strangers.

True

False

35. The actual cause of negligence is sometimes called the “but for” event that is a breach of duty on the part of the defendant.

True

False

36. Which of the following is a proximate cause?

The injuries to the plaintiff are too remote.

If an injury would not have occurred but for the defendant’s conduct.

A cause that is foreseeable.

An event that is a breach of duty on the part of the defendant.

A defense to a plaintiff’s action where the plaintiff has knowingly entered into a risky activity that results in injury.

37. In Title VII of the Civil Rights Act of 1964, Congress for the first time outlawed discrimination in employment based on race, sex, or national origin.

True

False

38. Quid pro quo sexual harassment is said to exist when any part of the job is made conditional on sexual activity.

True

False

39. At common law, an employee at will could be fired any time, and for any reason, or even for no reason at all.

True

False

40. Title VII of the Civil Rights Act of 1964:

outlawed discrimination in employment based on race, religion, sex, or national origin.

outlawed hot cargo treatments between an employer and a labor union from two different industries.

declared the open shop type of agreements unlawful.

declared the closed shop type of agreements unlawful.

declared the agency shop type of agreements unlawful.

41. Title VII established the _____ to investigate violations of the Civil Rights Act of 1964.

Labor Conference Board

National Mediation Board

Employment Tribunal

Occupational Safety and Health Review Commission

Equal Employment Opportunity Commission

42. Which of the following is not covered by federal law?

Employment discrimination based on race

Employment discrimination based on color

Employment discrimination based on physical disabilities

Employment discrimination based on marital status

Employment discrimination based on religion

43. The National Labor Relations Act is also known as the Norris-LaGuardia Act.

True

False

44. The Supreme Court has said that an employer is not obligated to accept any particular term in a proposed collective bargaining agreement.

True

False

45. Section 6 of the _____ Act says that labor unions are not “illegal combinations or conspiracies in restraint of trade, under the antitrust laws.”

Landrum-Griffin

Clayton

Norris-LaGuardia

Wagner

Taft-Hartley

46. Which of the following requires a potential employee to belong to the union before being hired and to remain a member during employment?

An agency shop agreement

A closed shop agreement

An attractive nuisance agreement

A nonattractive nuisance agreement

A union shop agreement

47. A general jurisdiction court is also known as a circuit court.

True

False

48. Directed verdict is a verdict decided by the jury without advice from the judge.

True

False

49. In an adjudication:

the judge is not free to say that the case is unimportant and that he therefore will ignore it.

an important feature is that the judge’s decision may not be reasoned.

evidence that is presented, but legal arguments that are not made, can be the basis for what the judge decides.

the burden of proof in a civil case is generally “beyond a reasonable doubt.”

judges can ignore cases like other branches of government that are free to ignore problems pressing upon them.

50. The U.S. Supreme Court has articulated the view that it sets the framework for all other U.S. laws whether statutory or judicially created.

True

False

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