Unit I Assessment BL

QUESTION 1

The primary purpose of the U.S. Supreme Court is to:

A. Review the law and facts in all cases decided in the federal court system.

B. C.Serve as the final appellate court in the federal system and the court of last resort in the state court system.

C. D.Decide controversies between states and claims against foreign ambassadors.

D. D.Decide all claims made against the United States.

Answer:

QUESTION 2
What is the legal concept that rulings made by the highest courts must be followed by lower courts in future cases?

A. Civil law

B. Model laws

C. Stare decisis

D. Restatement of the law

Answer:

Question 3

What is the form of alternative dispute resolution that does not involve a neutral third party and that allows the parties to the dispute to maintain a high level of autonomy?

A. Negotiation

B. Arbitration

C. Mediation

D. Med-arb

Answer:

QUESTION 4

What is the foundation of all laws in the United States and the source of law in the United States that overrules all federal, state, and local laws that conflict with it?

A. Declaration of Independence

B. U.S. Constitution

C. Model or uniform laws

D. Treaties that have been approved by the U.S. Senate

Answer:

Question 5

When the parties to a dispute select a neutral third party to help facilitate a discussion of possible resolutions of a dispute, the parties have engaged in:

A. negotiation.

B. mediation.

C. arbitration.

D. med-arb

Answer:

QUESTION 6

What is an executive order?

A. A statement from the president that a specific person has been appointed to a federal government office

B. A statement from the president that a specific law should not be enforced because the law is unconstitutional

C. A statement from the president on how he or she interprets a new law

D. A statement from the president instructing a federal administrative agency on how to enforce or administer a law

Answer:

Question 7

The trial courts in the federal court system (i.e., the U.S. district courts) are courts of general jurisdiction, which means the courts have the:

A. Authority to consider a wide range of cases and to grant almost any legal or ethical remedy.

B. Power to consider any case that is assigned to them by an intermediate appellate court.

C. Power to consider any civil case but no criminal cases.

D. Authority to make final decisions in cases that cannot be reviewed by other courts

Answer:

QUESTION 8

In business disputes, one of the primary advantages of mediation is that it:

A. Determines who is right and who is wrong.

B. Always results in a resolution of the dispute that gives each party what it wanted as a result of the dispute.

C. Can allow the businesses to maintain their working business relationships..

D. Sets a precedent for future dealing between the parties.

Answer:

Question 8

What is the common law?

A. The laws involving the rights and responsibilities in the relationships between private persons and private business organizations

B. State laws that apply to all citizens of the state

C. Laws that involve disputes between private individuals

D. The collection of legal interpretations of laws made by judges in the cases that they decide

Answer:

QUESTION 10

What federal court considers appeals from federal administrative agencies?

A. U.S. Court of Claims

B. U.S. Supreme Court

C. U.S. Court of Federal Appeals

D. U.S. Court of Appeals for the Federal Circuit

Answer:

QUESTION 11

One source of law in the United States is case law, sometimes called common law, which is based on the decisions of courts. The decision of a court resolves the dispute in the particular case that is in the court, but how can decisions of courts create a source of laws that apply beyond the case in which the decision was rendered?

Your response must be at least 75 words in length.

Answer:

QUESTION 12

BIn arbitration, the parties to the dispute select an independent arbitrator who hears evidence from both parties and decides how the dispute should be resolved. In civil litigation, a judge or jury hears the evidence from both parties and decides how the dispute should be resolved. What are the differences between arbitration and civil litigation? Why is one approach better than the other approach to resolving disputes?

Your response must be at least 75 words in length.

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