Exam 1 Review This presentation contains the end of chapter questions that are contained within the chapter or topic PPT presentations during class i e Chs 1 2 3 37 42 and some additional questions Each slide s answer key follows each set of questions Created by Pamela S Evers Assoc Prof UNCW for Educational Purposes 2001 w updates each semester T F The Constitution statutes and case law are sources of law in the United States Agency regulations presidential orders and treaties are sources of law in the U S Stare decisis refers to the doctrine of equity The Supremacy Clause states that the U S Constitution is the supreme U S law T F Answers True True False Stare decisis to stand on the decision refers to the doctrine of precedent The doctrine of equity is applied by judges to achieve justice when legal rules would produce unfair results True T F Civil law establishes the duties an individual has to keeping a civil society Substantive law establishes how to enforce the rights and duties of people in society Jurisprudence refers to the philosophy of law as well as the collection of laws Legal reasoning is basically inductive T F Answers False Civil law establishes duties between private parties False Substantive law establishes rights and duties of people in society Procedural law establishes how to enforce the rights and duties of people in society True False Legal reasoning is deductive Multiple Choice The plain meaning rule means that the court applies a statute a according to the unique or special meaning of words b according to usual meaning of the words c according to public policy and legislative purpose Multiple Choice Answer The plain meaning rule means that the court applies a statute b according to usual meaning of the words Multiple Choice Courts are a Limited to hearing existing cases or b c d e controversies Limited to hearing cases in which plaintiff has standing a direct interest in the outcome Unlimited in types of cases they may hear All of the above Both A B Multiple Choice Answer Courts are e Both A B Thought Question What do you think the authors of the U S Constitution would think about current legal issues in our society T F In personam jurisdiction refers to the court s jurisdiction over the defendant but in rem jurisdiction refers to the court s jurisdiction over the property in dispute The burden of proof solely rests on the plaintiff Matters of law are determined by either the jury or the judge T F Answers True False The burden of proof begins with the plaintiff but once a plaintiff proves a prima facie on its face case the burden may shift to the defendant For example in an auto accident case the plaintiff may prove the prima facie case by showing a police report that places the fault of the accident on the defendant and showing that the accident caused plaintiff s injuries property damage physical injury The burden then shifts to the defendant who may raise a defense such as contributory negligence False Only a judge may determine a matter of law A judge OR jury may act as the trier of fact Multiple Choice Diversity jurisdiction refers to a a jury pool that reflects the ethnic makeup of the city b a citizen s lawsuit against the government c a lawsuit by a citizen of one state against a citizen of a different state Multiple Choice Answer Diversity jurisdiction refers to c a lawsuit by a citizen of one state against a citizen of a different state Multiple Choice Methods of alternative dispute resolution a b c d Mediation Arbitration Summary jury trial All of the above Multiple Choice Answer Methods of alternative dispute resolution d All of the above Multiple Choice Discovery refers to a the discovery that a dispute exists b the pre trial process involving interrogatories requests for admissions and requests for documents c the analysis of fault in a dispute Multiple Choice Answer Discovery refers to b the pre trial process involving interrogatories requests for admissions and requests for documents Multiple Choice Answer After the verdict a Either party may make post verdict motions Post verdict motions include remittitur motion for new trial motion for judgment notwithstanding the verdict If no motions occur THEN the case ends T F The Constitution establishes a tripartite government The federal government has exclusive power over matters of war and taxation States possess exclusive power to enact laws to protect welfare health and safety The Fifth Amendment prohibits depriving any person of life liberty or happiness Federal supremacy means that the U S Constitution is the supreme law of the land T F Answers True executive legislative judicial False Both federal and state levels of government have the power to tax True False a there is no Constitutional guarantee of happiness b prohibition is against the government from depriving any person of life liberty or property without due process True T F The Federal government may not interfere with interstate commerce The federal government may not restrict individual or commercial speech Constitutional limitations on governmental power includes the Fifth Amendment The takings clause means that the federal government cannot take away an individual s freedom T F Answers False The Commerce Clause provides that federal gov t has power to regulate interstate commerce False A restriction on commercial speech is valid if it 1 seeks to implement a substantial gov t interest 2 directly advances the interest 3 is least restrictive method of achieving goal True False Takings clause refers to the prohibition against the gov t taking an individual s property without due process Due process means in this case just compensation The real issue however is almost always what compensation is just Multiple Choice Courts apply a means ends test to review an allegedly unconstitutional statute Which level of scrutiny applies to a statute that gives benefits to people based on their religion a b c Minimal scrutiny Intermediate scrutiny Strict scrutiny Multiple Choice Answer Courts apply a means ends test to review an allegedly unconstitutional statute Which level of scrutiny applies to a statute that gives benefits to people based on their religion c Strict scrutiny because the basis is religion thus the law is presumed invalid Multiple Choice Substantive due process refers to a prohibition against a Unreasonable procedures b Unreasonable laws c Unreasonable unfair results Multiple Choice Answer Substantive due process refers to a
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