Curtis filed a lawsuit against Ulhoff for failure to repay $1,000 according to the terms of a promissory note. The trial ended before it began, with the trial judge granting a motion for summary judgment in favor of Curtis. Ulhoff has appealed, and the Supreme Court of Iowa has remanded the case. This means
We don't know who wins yet because the case is being returned to the trial court for additional steps
Curtis automatically wins because he won in the lower court
Neither party wins because the case is being thrown out
Ulhoff automatically wins because he lost in the lower court
The United States Supreme Court has the power to
void laws passed by Congress
issue executive orders
ratify treaties
appoint judges to serve on the Supreme Court
In 1994, the Arizona Supreme Court decided the case of Hernandez v. Arizona Board of Regents and found a duty of care to avoid furnishing alcohol to underage consumers. If in 2008 a Flagstaff, Arizona plaintiff brings a lawsuit against an Arizona university’s fraternity for providing alcohol to members under the legal drinking age, the Hernandez v. Arizona Board of Regents case will serve as precedent.
True
False
If the President vetoes a bill, it can still become law if both the House and the Senate approve it with a 51% majority.
True
False
In the case of Panavision Int'l v. Toeppen, the Ninth Circuit Court of Appeals affirmed the district court's decision. This means that the Ninth Circuit Court of Appeals approved the district court's decision and upheld the outcome in the case.
True
False
Wilfred was driving too fast for the icy road conditions and hit Sally's car. Sally can sue Wilfred in criminal court.
True
False
President Nixon issued wage-price controls in an effort to stabilize the economy. This use of executive power was
a valid use of power based on Article II of the Constitution
a valid use of judicial power
an illegal usurption of legislative powers which belong to the Congress
an illegal usurption of the regulatory powers of administrative agencies
The doctrine of precedent is binding on all courts from county courts to the U.S. Supreme Court.
True
False
The federal judicial branch of the U.S. government
creates administrative agencies
issues executive orders
interprets statutes
passes statutes
A rule that establishes maximum length of work shifts for air traffic controllers demonstrates an agency imposing a regulation.
True
False
The President of the United States
can veto Congressional legislation
creates federal common law
determines the constitutionality of statutes
passes statutes
In order to determine if the case she was hearing broke the law, Judge Jane referred to prior rulings on the same subject. In other words, the judge is relying on precedent to make her decision.
True
False
If the title of an appellate court case appears as Jones v. Smith,
then it is correct to say that Jones is the plaintiff and Smith is the defendant
the trial judge was Jones and the appellate judge is Smith
it means that Smith won the trial court decision
you cannot determine which party is the plaintiff, because when a defendant loses a trial and files an appeal, some courts (but not all) reverse the names of the parties
The Minnesota legislature passed a law requiring that employers allow each employee adequate time within each four consecutive hours of work to utilize the nearest convenient restroom. This law is
a stare decisis
a statute
an executive order
an ordinance
The doctrine of precedent requires
a 12-member jury of the defendant’s peers
judges to base rulings on previous cases
that the victim testify
that the defendant testify
Congress can create a statute on any topic at all.
True
False
Common law is a body of cases decided by legislatures.
True
False
Henry David Thoreau felt that war was unjust and therefore refused to pay his taxes when the United States declared war on Mexico. If Henry David Thoreau's neighbor agreed that war was unjust but paid his taxes because the law required him to pay the tax, the neighbor would be applying the jurisprudence theory of
natural law
legal positivism
legal realism
common law
Which school of jurisprudence is based on the philosophy that what matters is not what is written as law, but who enforces the law and by what process?
Sovereign selection
Legal realism
Legal positivism
Natural law
Under the natural law theory of jurisprudence, an unjust law is no law at all.
True
False
Treaties with foreign nations can only be made by ________ and ratified by ________.
the Secretary of State; the President
the President; the Senate by a two-thirds vote
the President; the House of Representatives by a three-fourths vote
the Department of Defense; the Senate by a plurality
Congress enacted legislation in 1933 to regulate the securities industry and prohibit various forms of fraud with securities. The Securities Exchange Act of 1934 was passed a year later. This law created the Securities and Exchange Commission (SEC) as an independent regulatory entity whose function is to administer the two laws. The SEC has generated rules and regulations to administer these acts. These rules and regulations are
statutes
executive orders
administrative law
common law
Common law refers to
law made by legislatures in the form of statutes
law made when judges decide cases and then follow those decisions in later cases
the legal systems of France, Germany, and Italy
law that is the same or similar in all the states
DoorWay Computers, Inc., the trademark owner of "DoorWay," sought a court injunction to prevent Handyman Hardware, Inc. from using the domain name, "DoorWay.com." A jury will decide whether DoorWay is entitled to this remedy.
True
False
DoorWay Computers, Inc., the trademark owner of "DoorWay," sought a court injunction to prevent Handyman Hardware, Inc. from using the domain name, "DoorWay.com." A jury will decide whether DoorWay is entitled to this remedy.
True
False
The doctrine of stare decisis
makes the law more predictable
is unimportant to the common law
is an equitable remedy
makes the legal process more expensive
The doctrine of stare decisis
makes the law more predictable
is unimportant to the common law
is an equitable remedy
makes the legal process more expensive
The Occupational Safety and Health Administration promulgated a rule requiring warehouse employees to wear hardhats when in the vicinity of an operating forklift. The purpose of the hardhats is to protect employees from danger of falling objects. This rule is
a statute
administrative law
an executive order
common law
Which of the following would be an example of a civil lawsuit?
George is being prosecuted for bank fraud
Gretta hit Rita in a bar during happy hour. Rita is now suing for her injuries
The government has initiated an action against Jeff for operating a motor vehicle under the influence of alcohol
The district attorney is bringing Ali to court for violating the city's keg ordinance