master1-6

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Jan 9, 2024

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Chap 1-3 mod1 1.Standing is a statutory requirement that Congress can eliminate. False 2.An attorney may reveal a client’s secrets after the client’s death. False 3.A peremptory challenge can be used to remove a juror based on gender. false 4.Under Article II, __________. the President has the power to nominate judges with the advice and consent of the Senate age, citizenship and qualification are major requirements for becoming a federal judge the Constitution allocates legislative power to Congress the judiciary is granted the power to hear “cases” and “controversies” in the event that federal and state law conflict, federal law trumps state law 5.Which of the following is an example of a “check and balance” that exists between the government’s branches? Checks and balances refers to a system that allows each branch of a government to amend or veto acts of another branch so as to prevent any one branch from exerting too much power. One example of this is that Congress may override a Presidential veto.  The Supreme Court may issue an advisory opinion about any bill before Congress approves it and before the President signs it. Congress may override a Presidential veto. The President may veto a Supreme Court opinion. Congress may overrule a Supreme Court opinion by issuing a “Congressional Overruling of Judicial Opinion” statement. The President has the power to declare war. 6. The dual system of government in the United States is called federalism. True Federalism is the relationship between the state governments and the U.S. federal government. 7. Business executives are exempt from jury duty if it interferes with their jobs. False Only a small number of people, like active members of the military, are exempt from jury duty. 8. Which of the following is Congress NOT able to do? Declare war Engage in its enumerated powers as set forth in the U.S. Constitution Override a U.S. Supreme Court decision, providing there is a two-thirds majority vote in favor of doing so

Override the President’s veto of a bill by a supermajority vote Override a legislative “check” on the executive branch 9. Discovery is designed to prevent trial by surprise. True Discovery is the sometimes expensive phase of trial where each party turns over its evidence to be used at trial. 10. It is normally wise to represent yourself in court if you have some form of legal background. False Generally speaking, a person should not represent himself or herself in court. Emotions can cloud a person’s judgment and hiring an attorney who is trained for the work is the wiser choice. 11. The only unelected branch of government is which of the following? Judiciary 12. Res judicata prevents the relitigation of issues and claims already fully determined. True 13. Requiring a defendant to pay a portion of his or her wages to satisfy a judgment is called __________.Garnishment 14. What types of petitions can be filed by indigent litigants who cannot afford to hire a lawyer to write and file a petition for them? In forma pauperis Chap 4 and 5 mod2 1. Federalism refers to the division and sharing of power between state and federal governments 2. Congress has the power to “pay the debts and provide for the common defense and general welfare.” This is known as spending power. 3. Which of the following is NOT a common method of ADR? Litigation 4. 14 th amendment- prevents any state from depriving citizens of their rights without “due process of law” 5. Which of the following best describes the term habeas corpus ? The right to seek release from unlawful detention by petitioning a neutral judge 6. Reservation point is the bottom line 7. restricts the states’ abilities to regulate commerce, rather than the federal government’s-dormant clause 8. Which of the following distinguishes mediation from negotiation? Involvement of a third party 9. The Eighth Amendment-cruel and unusual punishment Ch 11+12 mod3

1.What is the mission of the U.S. Securities and Exchange Commission (SEC)? To protect investors and to maintain a fair market 2. Under older common law, shareholders could sue a company that conducted business beyond the scope of its articles. These actions are called ultra vires 3. What is the one truism that binds all businesses together the need to make a profit 4. Which of the following statements about discrimination on the basis of national origin is true ? Workplace “English-only” rules are illegal unless they are required for the job being performed 5. is an association of two or more persons in an unincorporated entity to do business and share profits and losses. General partnership 6. Which of the following is a major advantage of sole proprietorships? Autonomy comes with total ownership of the business’s finances. 7. Under the _______ doctrine, workers in the United States are free to work for whomever they want to, and employers are free to hire whomever they want to, and fire them at will. Employment-at-will 8. What was the main purpose of Title VII? To integrate African Americans into the mainstream of society 9. Which of the following statements is true about limited liability? It is any type of investment where the investor’s maximum possible loss is the amount invested. 10. Discrimination against a majority group is called __________.reverse discrimination 11. What is the most common form of doing business in the United States? Sole proprietorship 12. exists when there is intentional discrimination against a member of a protected class. Disparate treatment 13. The Civil Rights Act of 1964 has several provisions, but the most important for businesses is known widely as __Title VII 14. Which of the following is a major advantage of sole proprietorships? Autonomy comes with total ownership of the business’s finances. Ch 6 mod4 1. If a contract concerns an illegal subject matter and a court will not step in to such a contract to enforce its promises, it is an example of _________ as a defense to performance. Lack of capacity. 2. Identify the correct statement about contracts. A contract represents mutual assent to a bargained-for exchange between parties.

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