Exam 1 prep

.docx

School

Arizona State University *

*We aren’t endorsed by this school

Course

305

Subject

Law

Date

Apr 3, 2024

Type

docx

Pages

Uploaded by MagistrateComputerCapybara7127

The power to impeach and remove is a check and balance power: of the legislative branch. (Impeachment and removal is a legislative check and balance over executive and federal judiciary general powers.) How many U.S. Supreme Courts justices are there in the United States? Nine Marbury v. Madison: Declared that the U.S. Constitution was the supreme law of the land. (Marbury v. Madison declared that the Constitution is the supreme law of the land.) Judicial review is the: power of a federal court to declare a state or federal statute invalid if inconsistent with the Constitution. (Judicial review, established in the case of Marbury v. Madison, gave federal courts the right to declare a state or federal statute invalid if inconsistent with the Constitution) According to which theory would the definition of “speech” include a Facebook post? Living Constitution (Living Constitution is the progressive view that the Constitution is dynamic and flexible and a living, breathing and evolving document.) “Judicial activism” is most closely aligned with which theory of Constitutional interpretation? Living Constitution (Living Constitution asserts that the Constitution is a living, breathing document that is adaptable according to current trends and society and therefore it allows the text of the Constitution to be interpreted on the adaptable standard.) Which theory of constitutional interpretation asserts that the meaning of the words of the Constitution are fixed and judges cannot change the meaning of the text until the Constitution is formally amended is called: Originalism (Originalism is founded on the idea that the text of the Constitution is fixed and any interpretation of terms must be completed in the context of the plain meaning of the words at the time the Constitution was created. In order to change the text, the Constitution must be formally amended.) The police, while patrolling a neighborhood, observe and hear a lot of loud noises coming from a house. They walk up to the house and knock on the front door. The homeowner opens the door allowing the police officer to see into the house and the meth lab setting in the front room. Which statement below is incorrect? The evidence would be admissible under the theory of implied warrant.

(A search is constitutional if evidence is in plain-view or if the person consents to the search. There is no theory of implied warrant.) Myra owns a peach farm. When the peaches are harvested she makes peach jam and sells them at her roadside stand to those who drive by. Recently she posted on Facebook about her peach jam and she noticed her sales increasing. Can the federal government regulate her farm according under the Commerce Clause? Yes if the court determines that her actions have a substantial economic effect on interstate commerce can be regulated. (If activity in aggregate produces a substantial economic effect on interstate commerce it will also be regulated as interstate commerce.) Which Article of the Constitution establishes the legislative branch? Article I Small claims courts were created to: Allow people easy access and simplified process to adjudicate with a lower value. (For minor cases, small-claims courts were established to provide and expedited process for people to seek redress.) Delaware has a specialized court that specifically hears commercial matters that is called a(n) Chancery court (A specialized court in Delaware that hears commercial matters is called a chancery court.) Which of the following is not a true statement about the standard to be used to establish minimal contacts when determining if a court has jurisdiction over out-of-state companies that advertise and sell products over the Internet? The Zippo standard sets a rigid test to establish minimum contacts, requiring that at least 5 percent of the state's population visit the company's website. (The Zippo Standard sets a sliding scale with three variables to establish minimum contacts in Internet company cases.) The ultimate arbiter of federal law is: the U.S. Supreme Court. (The ultimate arbiters of federal law are the nine justices of the U.S. Supreme Court.) Crystina is a resident of Delaware and, while shopping in Pennsylvania, is assaulted by Puuki, a New Jersey resident. Ordinarily, venue in this case would originally be in Pennsylvania (Ordinarily, venue in criminal cases is in the state where the crime is committed.) During a trial, the plaintiff Jeff, asserts that the same trial court, with the same judge, decided a case with very similar facts in favor of the plaintiff. He therefore states that in his current trial,

the trial court must follow the precedent set the previous week in a similar trial. Which statement is true? The trial court does not establish precedent. (The trial court does not establish precedent, only appellate court does. Additionally, any decisions made at the trial court level are only binding on the parties involved in that case.) Which of the following will not create minimum contacts in a state sufficient to find personal jurisdiction on an out-of-state defendant? A company maintains a website that provides information about its products and that provides an address or number that a customer can contact to obtain an order form to purchase products directly from the company. (A passive website does not create sufficient minimum contacts within a state to create personal jurisdiction.) The number of civil cases filed annually in state and federal courts combined exceeds: 30 million (The American Bar Association reported the total number of civil cases filed in state and federal courts now exceeds 30 million cases annually.) During a murder trial, it is discovered that the father of the defendant is funneling money to several of the jurors. Upon discovery of this what motion should be filed? Motion to dismiss for mistrial (A motion to dismiss for mistrial for is used in extraordinary circumstances that resulted in prejudice against one side.) Generally, once a complaint is served,: The defendant must answer it within the time proscribed by court rules. (Court rules will establish a timeline of when the defendant must answer the complaint.) Depositions are: oral questions, answered orally, asked of parties and witnesses. (Depositions are oral questions, answered orally, asked of parties and witnesses, while interrogatories are written questions, answered in writing, asked only of parties.) A __________ is served to the defendant along with the complaint as formal notification that he is being sued with instructions to answer the complaint. Summons (A summons is a formal notification, served with the complaint, that a person is being sued and instructs them to answer the complaint.) A trial without a jury, where a judge is a trier of fact and law, is called: A bench trial (A bench trial is a trial where there is no jury, but rather the judge assumes the role of the trier of fact and law.)

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help