Midterm Review

Topics: Contract, Corporation, Limited partnership Pages: 9 (2002 words) Published: March 8, 2015
The Federal Circuit Court of Appeal has appellate jurisdiction over the U.S. Claims Court.

True

Which of the following terms best describes the decision reached by an arbitrator? Award The dispute resolution method that is most likely to be used by a regulatory agency to negotiate the provisions of the regulations with the interested groups so that there is less likelihood of a challenge once the regulations are promulgated is: regulatory negotiation

With reference to the federal government, which of the following is definitely true regarding a system of checks and balances?

Only one of the branches is given all the authority.

All the branches of the government are given equal authority.

All the branches of the government operate independent of each other.

It ensures that government policies are not reached without the input of the other branches.

Which of the following tasks is performed by the legislative branch of the government?

Interpret laws.

Pass laws to bring the court's interpretation of law in line with the views of the legislature.

Request legislation and veto legislation.

Interpret executive orders or other presidential acts as unconstitutional.

Which of the following statements is true regarding the sociological theory?

This theory is based on a premise that there is a discoverable set of absolute right and wrong principles upon which our laws should be based.

According to this theory, law should change as societal ideas change.

According to this theory, to the extent laws reflect laws of nature, or God, the laws are considered "good" ones. To the extent they do not, they are "bad."

This theory is based on the premise that law derives its status as law from the fact that it has been enacted by the sovereign with the power to enforce his or her wishes.

Identify the correct statement regarding an alternative dispute resolution (ADR) program attached to the court.

It increases court docket congestion.

It lightens the court's caseload.

It increases wait for court dates for litigants.

It increases the cost of dispute resolution.

In the case of minitrials, lawyers for both sides assemble a mock jury made up of ordinary citizens.

False

Which of the following is the final appellate court?

United States Supreme Court

Claims Court

Federal Circuit Court of Appeal

Tax Court

Acts violating criminal law are called torts. False
The principle of obiter dictum encourages courts to follow their own prior decisions. False

Torts are noncontract violations of _____ law.

public

substantive

civil

procedural

Which of the following cases is known as a case of first impression?

A case that rests on future contingent events

A case that represents a hypothetical issue

A case that has no precedent in the jurisdiction

A case that involves diversity of citizenship

Identify the correct statement regarding the alternative dispute resolution (ADR) mechanism.

Usually it is more expensive than litigation.

ADR outcomes are crafted by the parties.

Very few disputes are resolved by the ADR mechanism.

Usually it is more time consuming than litigation.

Nonbinding arbitration is known as mediation. False

Which of the following is the most useful alternative dispute resolution method when the parties wish to maintain an ongoing relationship but simply need help resolving the present conflict?

Mediation

Conciliation

Litigation

Coalition

There is generally no requirement that an arbitrator be a lawyer or have any legal training. True A trial that takes place before a judge and a jury is known as a bench trial. False

A bailment is the legal relationship created when a person gives title of property but not possession to the property to another for a specific purpose. False The _____ branch of the government has primary responsibility for enacting laws in the areas over which the...
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