BUS273 United-States Constitution Discussion
QUIZ #1
PART I. MULTIPLE CHOICE: Choose the most correct answer ad place the letter of that answer in the
space provided. Each question in this section is worth 2 points each, for a total of 16 points.
C 1. The authority of a court to hear a case and render an enforceable decision is called:
(a) precedent (b) venue (c) jurisdiction (d) voir dire.
___ 2. Any court can hear any kind of case (T/F True or False)
A_ 3. The right to not be tried more than once for the same crime is called (a) double jeopardy (b) the Takings Clause (c) the Supremacy Clause (d) the Necessary and Proper Clause.
B_ 4. The Supremacy Clause in the United State Constitution states that (a The Supreme Court is the supreme law of the land (b) the Constitution is the supreme law of the land (c) the laws made by Congress are the supreme law of the land (d) state laws are the supreme law of the land.
D_ 5. The powers that are specifically spelled out as belonging to the legislative branch of the federal government are called (a) delegated powers (b) the necessary and proper powers (c) supreme powers (d) enumerated powers.
C 6. The process of jury selection is called (a) default judgment (b) service of process (c) voir dire (d) venue.
A 7. Once minimum contacts with a state have been established, what allows that state to compel a defendant to appear in court: (a) long arm statute (b) statute of limitations (c) venue (d) a registered agent.
______8. If there is an Arbitration Clause in a contract, the parties have the option of whether they want to try Arbitration before going to Court, but it is their choice. (T/F True or False)
PART II. SHORT ANSWER: Answer the following questions with 1-2 sentences, a definition or a list if
that is most appropriate. Be sure to answer every part of the question if there are multiple parts. The
point value of each question is listed with the question for a total of 34 points for this section.
- What are some ways that personal jurisdiction through minimum contacts with a state can be shown in order to enable a state to require a defendant’s presence in a court case in that state? (Worth 4 points)
- Why might a company involved in a lawsuit decide to “settle” the case with the other side rather than go through with a trial? (Worth 3 points)
- (a) What are the 3 sources of our laws?
(b) What are the 3 branches of our government?
(c) What is the purpose of the system of “separation of powers” and “checks and balances?” (Worth 7 points)
- (a) What two factors limit or control “jurisdiction?” (b) What is the relationship between “venue” and “jurisdiction?” (Worth 4 points)
- Explain the 3 levels of Alternative Dispute Resolution? (Worth 5 points)
- The concept of Eminent Domain is found in the Takings Clause of the 5th Amendment of the Constitution.
(a) What does the Takings Clause allow the government to do?
(b) What 2 things are required for the government to exercise Eminent Domain through the Takings
Clause? (Worth 4 points)
- Explain the differences between the following: (Worth 4 points)
(a) Plaintiff and Defendant
(b) Trial Court and Appellate Court
(c) Civil case and Criminal case
- Explain the role of each of the following pleadings which are filed with the Court: (Worth 3 points)
(a) Summons
(b) Complaint
(c) Answer
PART III. BONUS QUESTION: The following question is OPTIONAL and is worth up to 5 points of
EXTRA CREDIT on this Quiz. There is no penalty for incorrect answers and partial points will be given
for incomplete answers.
When we ask “What World are we in?” regarding different types of law, what do we mean?
What are some of the different “worlds?”