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In litigation, when a business loses a case, compared to if an individual




In litigation, when a business loses a case, compared to if an individual lost the same case, the damages awarded the plaintiff would be likely to be;a. a bit smaller;b. about the same;c. twice as large;d. four times as large;e. ten times as large;Question 26 1 points Save;During a formal rule making process, an agency may;a. send the proposed rule to the appropriate oversight committee in Congress for review;b. send the proposed rule to the U.S. Court of Appeals for review of constitutionality;c. hold an investigatory hearing that may include witnesses who testify about the rule;d. all of the above;e. none of the above;Question 27 1 points Save;The number of disputes filed with the American Arbitration in recent years was about;a. 10,000;b. 75,000;c. 200,000;d. 750,000;e. 5 million;Question 28 1 points Save;If a federal agency issues a new regulation, it may challenged in court by;a. any citizen.;b. a party who can show an injury legally recognized by law as being entitled to protection.;c. only if there is a constitutional issue in question.;d. only if Congressional failed to preclude challenges.;e. None of the above.;Question 29 1 points Save;Procedural, as opposed to substantive, law includes all of the following except for;a. court orders;b. securities regulation;c. rules of evidence;d. administrative procedure;e. all of the above are procedural law;Question 30 1 points Save;Interpretative rules issued by administrative agencies are;a. statements that provide agency staff and the public with guidance about what a certain statute or substantive rule means in practice;b. judicial statutes with the same force and effect of law as statutes passed by Congress;c. rules that describe an agency's organization, method of operation, and internal practices;d. statements that may only rephrase the language of a statute passed by Congress;e. none of the above;Question 31 1 points Save;A defendant must file a responsive pleading to a complaint filed by a plaintiff. The defendant may file which of the following;a. a counterclaim;b. a motion to dismiss;c. an answer;d. all of the above;e. none of the above at this stage;Question 32 1 points Save;Administrative agencies are created by;a. a Supreme Court order;b. federal courts to help in areas difficult to regulate by litigation;c. an enabling statute of Congress;d. an executive order of the President;e. a and c;Question 33 1 points Save;is a federal law that requires building contractors to pay prevailing wages. It has helped union members, but it also has had a negative effect on new entrants into the construction industry, such as minorities.;a. The Taft-Hartley Act;b. The Davis-Bacon Act;c. The Omnibus Rehabilitation Act;d. The Equal Employment Opportunity Act;e. None of these;Question 34 1 points Save;To help stimulate jobs in its wine industry, New York does not tax New York wines but taxes other wines $1 per bottle. This tax is;a. a constitutional control on intrastate business;b. constitutional, so long as it is not shown to impede foreign trade;c. constitutional because New York state interests outweigh other states' interests;d. unconstitutional because it violates the Necessary and Proper Clause;e. unconstitutional because it violates the Commerce Clause;Question 35 1 points Save;A constitution is best described as;a. the statutory law of the land;b. the fundamental law of the land;c. the supplementary law of the land;d. the penultimate law of the land;e. the accessory law of the land;Question 36 1 points Save;Res judicata means;a. justice has been done;b. a thing decided;c. the king will not decide;d. let justice be done;e. the justice of the judge;Question 37 1 points Save;The doctrine of stare decisis can be defined as;a. the use of precedent or prior decisions as guidance in resolving later disputes;b. laws setting forth rules for relationships between people;c. a private or civil wrong that results in injury to another;d. decisions concerning legal wrongs or crimes committed against society;e. none of the above;Question 38 1 points Save;During a trial a plaintiff presents her case and then rests. The defendant claims that even if everything plaintiff has presented is true, there is still not enough evidence to support her claim. The defendant can move for a;a. j.n.o.v.;b. directed verdict;c. rehearing;d. mistrial;e. none of the above


Paper#32335 | Written in 18-Jul-2015

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