busa 2106
SAMPLE TEST QUESTIONS: BUSA 2106 Test 1
1. The “preponderance of the evidence” standard used in civil cases is significantly higher than the “beyond a reasonable doubt” standard used in the criminal law.
2. A court’s order to a party to do or to refrain from doing a particular act is a rescission.
3. When confronted by a case of first impression for which there is no binding precedent, a court can refuse to decide the case.
4. Sources of federal law include all of the following EXCEPT
(a) rules of administrative agencies.
(b) decisions of federal courts.
(c) executive orders of the President.
(d) hearings before the Senate.
5. Patricia Plaintiff files a lawsuit against Donald Defendant for breach of contract. The law that governs how the suit proceeds through the court system is
(a) criminal law.
(b) substantive law.
(c) procedural law.
(d) administrative law.
6. In the 1995 case, James v Lynn, a state supreme court held that a minor could cancel a contract for the sale of a car. A similar case, Baker v Becker, is being decided today by a trial court in the same state. If stare decisis is used to decide the Baker case,
(a) the court will probably allow the minor to cancel the sale.
(b) the court will probably not allow the minor to cancel the contract.
(c) it is impossible to tell what the court will decide because the James case is not a precedent for the Baker case.
(d) It is impossible to tell what the court will decide, because the minors were not the same age.
7. The appellate court does not hear any new evidence, but reviews the record, abstracts, and briefs of the case.
8. The federal courts and the state courts can never have concurrent jurisdiction over the same case.
9. Pleadings are a series of formal, responsive, written statements by each side stating their claims and defenses to a lawsuit.
10. The difference between depositions and interrogatories is that the former
1. The “preponderance of the evidence” standard used in civil cases is significantly higher than the “beyond a reasonable doubt” standard used in the criminal law.
2. A court’s order to a party to do or to refrain from doing a particular act is a rescission.
3. When confronted by a case of first impression for which there is no binding precedent, a court can refuse to decide the case.
4. Sources of federal law include all of the following EXCEPT
(a) rules of administrative agencies.
(b) decisions of federal courts.
(c) executive orders of the President.
(d) hearings before the Senate.
5. Patricia Plaintiff files a lawsuit against Donald Defendant for breach of contract. The law that governs how the suit proceeds through the court system is
(a) criminal law.
(b) substantive law.
(c) procedural law.
(d) administrative law.
6. In the 1995 case, James v Lynn, a state supreme court held that a minor could cancel a contract for the sale of a car. A similar case, Baker v Becker, is being decided today by a trial court in the same state. If stare decisis is used to decide the Baker case,
(a) the court will probably allow the minor to cancel the sale.
(b) the court will probably not allow the minor to cancel the contract.
(c) it is impossible to tell what the court will decide because the James case is not a precedent for the Baker case.
(d) It is impossible to tell what the court will decide, because the minors were not the same age.
7. The appellate court does not hear any new evidence, but reviews the record, abstracts, and briefs of the case.
8. The federal courts and the state courts can never have concurrent jurisdiction over the same case.
9. Pleadings are a series of formal, responsive, written statements by each side stating their claims and defenses to a lawsuit.
10. The difference between depositions and interrogatories is that the former