business law exam questions.
16 multiple choice questions and 4 essay questions.
Tags: federal government political science business law court system US Supreme court Eastfield College
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BUSINESS LAW–EXAM I Multiple Choice–Total Value 33 Points–Each question is valued at two points. Please circle the correct answer. 1 The U.S. Supreme Court established a right of privacy that gives women the right to choose whether to have an abortion in which of the following landmark cases. 1. Miranda v. Arizona 2. Aguilar v. Texas 3. Roe v. Wade 4. Brown v. Board of Education of Topeka 2. Statutory law is usually created by: a. legislatures b. juries. c. judges d. administrative agencies 3. Federal District courts: a. can hear all civil suits b. always have appellate jurisdiction. c. may hear cases between citizens of different states if the cases involved $75,000.00 or more.. d. can always hear divorce cases. 4. The “living constitution” has which of the following characteristics? a. a strong federal government b. a strong president c. diminution of states powers relative to those of the federal governmentd. all the above. 5. The commerce clause of the constitution: a. prohibits the U.S. government from engaging in interstate commerce b. prohibits the U.S. government from regulating interstate Commerce c. has been expanded by the Supreme Court interpretations to give the U.S. government the power to regulate the general welfare of the nation. 6. The due process clause: a. allows the U.S. government to take private property without due process. b. allows a state to take private property without due process c. is, by liberal interpretation, held to be a guarantee of protection from unreasonable legal procedures. d. does not apply to state governments. 7. The concept of equal protection of the law: a. applies to both state and federal governments. b. applies only to conduct by private parties. c. does not permit reasonable classifications. d. none of the above. 8. Which of the following is NOT a type of jurisdiction that a court might have: a. limited or special jurisdiction. b. original jurisdiction c. segmented jurisdiction d. appellate jurisdiction. 9. The doctrine of Stare Decisis means that a. b. c. d. a latin phrase meaning to “stand on decided cases.” a court should not overturn its own precedents decisions made by a higher court are binding on lower courts. all the above. 10. The following power that is possessed exclusively by the federal government is: a. the taxing power b. the commerce power. c. the borrowing power. d. the power to coin money. 11. The degree of care required of a person is: a. that which a person exercised in that situation b. that which an extraordinary person would exercise under similar circumstances. c. that which an ordinarily prudent person would exercise under the same or similar circumstances. d. none of the above 12. “Situational ethics or moral relativism” a. is a concept of absolute right and wrong. b. doesn’t exist. c. permits an examination of circumstances and motivation before attaching the label of right or wrong. d. none of the above. 13. A civil wrong arises from the violation of a private duty is called a (n) a. criminal action b. tort c. crime. d. de mafa 14. A crime is a violation of a (n) a. private duty b. public duty c. no duty. d. none of the above. 15. The three types of torts are: a. negligence, crime, strict liability b. intentional, negligence, strict liability c. alternative dispute resolution, product liability d. assault, battery, negligence. 16. “Negligence” is a a. crime b. tort c. federal case. d. all the above. ESSAY QUESTIONS: Total value 67 points. Each question is valued at 17 points. DO NOT LEAVE ONE OF THE ESSAY QUESTIONS BLANK INSTRUCTIONS: Please answer on separate sheets of paper with your name on the top of each sheet. I am most interested in your ability to logically support your answer from the facts presented in the following questions rather than whether the answer is “right of wrong.” IDENTIFY THE LEGAL QUESTION INVOLVED IN THE FOLLOWING FACT SITUATIONS WHICH WE HAVE DISCUSSED IN CLASS. PLEASE GIVE ME THE HOLDING THAT YOU BELIEVE IS CORRECT SUPPORT BY YOUR REASONING. I. A Louisiana resident purchased a used RV from sellers in Texas after viewing photos of it on eBay. The sellers statements on eBay claimed that “everything works great and will provide comfort and dependability for years to come.” He drove to Texas to pick up the RV and on the way back to Louisiana it broke down. The Louisiana resident filed suit in state court in Louisiana. The RV company claimed Louisiana lacked jurisdiction. What kind of jurisdiction did the Louisiana court claim? Does it have jurisdiction? Discuss jurisdiction and its importance. There have been several instances in the recent pass where mothers have been accused of murdering their children in various ways and defendants who have appealed their capital murder convictions as being unconstitutional because of minority status or retardation Most have raised the defense of insanity and lack of mental capacity. . Please discuss the defense of insanity and why it applies as a defense to otherwise criminal actions III. Mary collides with Billy’s car. Billy was stopped at a red light and Mary hits Billy from the rear. What kind of suit can Billy file against Mary? What are the elements of the cause of action that Billy has against Mary? What is the standard of car May owes Billy. IV. The Civil Rights Act of 1964 prohibits discrimination in “public places” such as locally owned cafeterias, sandwich shops motels, hotels, housing, and other privately owned businesses that are not owned by corporations that do business across state lines. The Supreme Court has held that this act is constitutional. As we discussed in class, how can the Federal government regulate or attempt to regulate “private conduct” by the owner of a small convenience store. Please explain what constitutional clause gives Congress this right.. …
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