1) What was the U.S. Supreme Court’s reaction to a case where a business
executive was found guilty of aiding and abetting in the bribery of an Internal
Revenue Service Agent even though the Internal Revenue Service agent had
been found not guilty of the bribery in a separate trial?
a. Because one of the defendants had been found guilty, then both should
have been found guilty.
b. Because of the inconsistent outcomes, a third combined trial was ordered to
reconcile the different outcomes.
c. This simply underscores the fact that there is always the possibility that different juries might reach different results in a given situation.
d. Because one of the defendants had been found not guilty, they both should
have been found not guilty.
e. The decisions in both cases were thrown out, making it possible, though not
mandatory, that one or both defendants would have to face another trial.
2) The followers of this school of jurisprudential thought are known as realists:
a. the Sociological School.
b. the Analytical School.
c. the Command School.
d. the Psychological School.
e. the Critical Legal Studies School.
3) The school of jurisprudence that believes that free market forces should
determine the outcomes to lawsuits is:
a. The Command School.
b. The Sociological School.
c. The Critical Legal Studies School.
d. The Analytical School.
e. The Law and Economics School.
4) Which of the following is an example of an equitable remedy?
a. A remedy that may not be modified from its rigid prescribed form.
b. A remedy fashioned by a chancery court fashioned to fit the particular situation.
c. Any remedy granted by the merchant court.
d. A remedy required to be approved by the law court.
e. Any remedy issued by a judge.
5) Which of the following is true about the creation of courts in England?
a. The different types of courts were created in order to handle different types of
cases, but the remedies available to the different courts were the same.
b. The law courts were created to allow remedies that could not be granted by
the law courts.
c. The equity courts were created to allow remedies that could not be granted by
d. The merchant courts were created in order to have more flexibility in fashioning remedies than the chancery courts.
e. The law courts were created in order to have broader jurisdiction than the
6) Which of the following statements is true about treaties?
a. Treaties are valid only if they do not conflict with a statute passed by Congress.
b. The U.S. Constitution provides that the president, with the advice and con-
sent of one-half of the Senate, may enter into treaties with foreign governments.
c. The U.S. Constitution provides that the president, with the advice and con-
sent of two-thirds of the Senate, may enter into treaties with foreign governments.
d. The U.S. Constitution provides that the president, with the advice and con-
sent of three-fourths of the Senate, may enter into treaties with foreign governments.
e. Treaties are valid only if they do not conflict with a statute passed by Congress
or any of the state legislatures.
7) A local zoning law is an example of which of the following?
c. Executive Orders.
e. Judicial mandates.
8) The process of critical legal thinking includes which of the following?
a. A judge must specify the issue presented by the case.
b. A judge must identify the applicable law for the case.
c. A judge must identify the key facts in the case.
d. A judge must apply the law to the facts to come to a conclusion that answers
the issue presented.
e. All the above involve the process of critical legal thinking.
9) Betty believes that she has been discriminated against because of her sexual
orientation. Although federal law does not prohibit this discrimination, Mary
believes that the law should be changed in order to make the members of
society more accepting of gay individuals. Mary’s beliefs most closely correspond to which school of jurisprudence?
a. Critical Legal Studies School.
b. Sociological School.
c. Natural Law School.
d. Historical School.
e. Psychological School.
10) In what year was the U.S. Constitution written?
11) For which of the following in the U.S. Congress can the number to which a
state is entitled change over time?
a. Neither senators nor representatives.
b. Both Senators and representatives.
c. All members of the U.S. Congress.
12) In relation to freedom of speech:
a. commercial speech receives no protection due to its profit motive.
b. all speech receives the same degree of Constitutional protection.
c. it is not an absolute right.
d. commercial speech receives the same protection as any other speech or any
e. most speech critical of the government can be restricted because such
speech can be destabilizing.
13) Which of the following is true regarding obscene speech?
a. Because the definition of obscene is so subjective, it cannot be restricted or
b. Obscene speech and offensive speech receive the same degree of protection.
c. Even though the definition of obscene speech is subjective, if speech is deter-
mined to be obscene, it loses all constitutional protection.
d. It cannot be prevented, but can be subject to time, place or manner restrictions.
e. The U.S. Supreme Court has set out a clear definition of what speech is de-
fined as obscene and therefore unprotected.
14) Which of the following types of speech are unprotected meaning that they are
not protected by the First Amendment and may be totally forbidden by the
a. Speech that incites the violent or revolutionary overthrow of the government.
b. Fighting words that are likely to provoke a hostile or violent response form an
c. Dangerous speech (including such things as yelling “fire” in a crowded theater when there is no fire).
d. All the above are unprotected speech.
e. None of the above are unprotected speech.
15) Which of the following would be a violation of the freedom of religion protections in the U.S. Constitution?
a. The government preventing the practice of unpopular or fringe religions.
b. The government establishing a time in school for persons to practice the religion of their choice.
c. The government promoting a religion as better than other religions.
d. a and b only.
e. a, b and c.
16) Substantive due process requires that:
a. a law treat all persons the same.
b. a notice and hearing be given before one is deprived of life, liberty or prop-
c. a defendant not be tried twice for the same crime.
d. a criminal defendant have an attorney present at all times.
e. government statutes, ordinances and regulations be clear and not overly
17) Assume that the state of Colorado institutes a law requiring that persons
from outside the state of Colorado take a skiing exam and obtain a skiing
license before being allowed to ski at a downhill resort on runs other than
the beginner runs. The fee for this license is $75. Colorado residents are
not required to get a license because most resident skiers learn to ski prop-
erly at an early age. This statute could be challenged under:
a. the Equal Protection Clause.
b. the Interstate Commerce Clause.
c. the Privileges and Immunities Clause.
d. none of the above because this is an intrastate commerce issue that does not
unduly burden interstate commerce.
18) The general jurisdiction trial court in the federal system is called the:
a. United States Circuit Court.
b. United States Inferior Court.
c. United States District Court.
d. United States Trial Court.
e. United States General Court.
19) Which of the following is true?
a. Very important cases are usually initially tried in the U.S. Supreme Court.
b. In the federal court system, there are usually two levels of appeal by right.
c. The U.S. Supreme Court chooses to review only half of those cases that it is
asked to review.
d. When a case is appealed, the appellate court usually holds a new trial.
e. The U.S. Supreme Court chooses to review only a small fraction of those
cases that it is asked to review.
20) Which of the following is an example of concurrent jurisdiction shared by
federal and state courts?
a. Copyrights and trademarks.
c. Federal questions.
e. None of the above, each is considered exclusive federal jurisdiction.
21) There will never be a dissenting opinion filed when the U.S. Supreme Court
has issued a(n):
a. majority opinion.
b. opinion written by the Chief Justice.
c. unanimous opinion.
d. tie opinion.
e. plurality opinion.
22) The concept of in personam jurisdiction is that:
a. the case has been filed at the correct location with the state.
b. special requirements must be met in non-business cases involving individuals.
c. a party has a personal stake in the outcome of a particular case.
d. the court has jurisdiction over the property involved.
e. a court has the power to make and enforce a judgment against a particular
23) When parties to a contract agree upon which state court will have jurisdiction
should litigation become necessary, that contract clause is called a:
a. choice-of-law clause.
b. jurisdiction selection clause.
c. standings clause.
d. venue selection clause.
e. forum-selection clause.
24) Two friends, Mary and Dean, are hiking in the Colorado mountains when a
dog being walked by its owner, Wally, who is from Wyoming, bites Dean, caus-
ing injury. Mary was not disturbed physically or emotionally but wants Dean
to sue Wally. Dean does not want to incur the cost. Which of the following is
a. Whether Mary has standing depends on whether Mary files the suit in state or
b. Mary has standing if Wally agrees she can sue instead of Dean.
c. Mary will have standing only if she files the lawsuit in Wyoming.
d. Mary does not have standing to sue Wally, the owner of the dog.
e. Mary has standing if Dean consents to Mary filing the suit.
25) Which of the following are in the proper order from first to last filed?
a. Reply; cross-complaint; answer; complaint.
b. Answer; complaint; reply; cross-complaint.
c. Complaint; answer; cross-complaint; reply.
d. Complaint; cross-complaint; reply; answer.
e. Complaint; reply; cross-complaint; answer.
Contemporary Business and Online Commerce Law
Sixth Edition, 2009
ISBN: 10: 0-13-601500-X
Henry R. Cheeseman, University of Southern California
Pearson Prentice Hall