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.

 

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

 

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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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.

 

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

 

14. Article I of the Constitution deals with _____.

 

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.

 

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.

 

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

 

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

 

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

 

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.

 

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

 

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

 

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

 

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 _____.

 

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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

33. Intentional torts result from carelessness.

 

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

 

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.

 

36. Which of the following is a proximate cause?

 

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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

49. In an adjudication:

 

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.

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