law题库

第一,二，四，七章题库Part 1 mark the following statement true or false:1.Legal right is legal capacity to require another person to perform (or notperform) an act (T)2.Duty is legal capacity to require another person to perform (or not perform)an act (F)3.Duty is an obligation of law impose on a person to perform or not performcertain act (T)4.Legal right is an obligation of law impose on a person to perform or notperform certain act (F)5.Right can rest on one person without a corresponding duty resting on someother person(s). ( F )6.Statues can take away the individual rights given in the U.S. Constitution.( F )w consists of the body of principles that govern conduct and that can beenforced in courts or by administrative. T8.Right of Privacy is guaranteed by the Fourth Amendment of the U. S.Constitution T9.Employees’ E-mail is the property of the employer T10.The Fourth Amendment to the US Constitution protects the Due ProcessRights. F11.Case law is one source of law in US. Ting precedent and following in similar cases is the doctrine of stare decisis.T13.Equity is principles or rules that provide special relief in the event the usualremedies at law are not sufficient. T14.A right to due precess is the right to be free from unreasonable searchers andintrusion by others (F)15.A right of privacy is the right to be free from unreasonable searchers andintrusion by others (T)16.Administrative regulations are rules made by state and federaladministrative agencies (T)17.Statutory laws is rules made by state and federal administrative agencies(F)mon law is time honored rules of law followed by courts that are notnecessarily statutes (T)19.Case law is law expressed for the first time in a court decision. (T)20.Case law is time honored rules of law followed by courts that are notnecessarily statutes (F)mon law is law expressed for the first time in a court decision. (F)22.Substantive law is law that creates, defines, and regulates rights and liabilities(T)23.Procedural law is law that specifies the steps to be followed in enforcing therights and liabilities given under law (T)24.Procedural law is law that creates, defines, and regulates rights and liabilities(F)25.Substantive law is law that specifies the steps to be followed in enforcing therights and liabilities given under law (F)26.27.special jurisdiction is a kind of appellate jurisdiction F28.special jurisdiction is a kind of original jurisdiction T29.A law that requires public schools to hold a hearing before a student isexpelled is a substantive law. F30.a law that provides employee leave for the birth or adoption of a child for upto 12 weeks is a procedural law F31.The only way to resolve a dispute is going to court F32.dispute could be resolved outside the court system T33.Right and duties coexist. T34.The right given in the U.S. constitution are rights that can be taken away orviolated by any statutes, ordinances, or court decisions. Fing precedent and following in similar in similar case is the doctrine ofstare decisis. T36.When a court finds that its earlier decision was incorrectly decided, it willoverrule that decision. T37.The right to trial by jury is a fundamental procedure that must always beused whenever any issue of fact is to be determined. ( F )38.A court with general jurisdiction has the authority to hear only particularkinds of cases. F39.An appellate court does not hear witnesses or take testimony. T40.U.S. Supreme court is the final court in the federal system. T41.A jury is the body of citizens sworn by a court to determine the judgement ina case presented to them. (F)42.A jury is the body of citizens sworn by a court to determine the verdict in acase presented to them. (T)43.Superior Court is the final court in the federal system. F44.A defendant is the party who initiates a lawsuit in a court of originaljurisdiction. F45.A judge is the primary officer of the court who presides over cases before thecourt. T46.Challenges for cause are unlimited, but each side can exercise six to eightperemptory challenges. T47.A peremptory challenge is an arbitrary challenge that may be used for anyreason. F\48.When the judgment debtor is an employee, the sheriff could garnish aportion of the employee’s wages. T49.Arbitration is used for the settlement of a dispute through the use of amessenger who carries to each side of the dispute the issues and offers in the case. F50.A mediation is the settlement of a dispute through the use of one or morearbitrators. F51.Appellate jurisdiction is the power to review the work of a lower court. T52.American governments are tripartite………………………………( T )53.Federal System created The U. S. Constitution. (F)54.In US , central government established a Federal System that coexists with thegovernment of the individual states F55.A Judicial Branch is to interpret the laws. T Congress is a Bicameral body T57.American Congress is tripartite…………F President is popularly elected by the people of US F59.Judges of United States are appointed by the President T60.Judges of United States are appointed by the President with approval of theHouse F61.Legislative branch of a government is to execute thelaws…………………(F)62.Judicial branch of a government is to make the laws…… ………..(F)63.The national government alone may declare war T64.The taxing power is a exclusive power owned by US government. F government may not adopt ex post facto laws T66.A valid federal law overrides a state statute T67.The silence of Congress indicates that no national or state law is wanted onthat matter T68.The silence of Congress may bar state action. T69.Federal deregulation of regulated industry does not automatically give thestates the power to regulate that industry T70.Bedrock and living document are rival views on interpreting the Constitution.T71.In the bedrock view the purpose of a constitution is to state certainfundamental principles for all time………………………(T)72.In the bedrock view, the Constitution was to interpreted strictly to givefederal government the least power possible T73.In the bedrock view, the Constitution was to interpreted broadly to givefederal government the greatest power that the words would permit F 74.In the living document view, the Constitution was to interpreted broadly togive federal government the greatest power that the words would permit 75.A written constitution is of no value in view of the fact that the U.S.constitution constantly change. ( F )76.In recent years liberal interpretation to the U.S. Constitution has narroweddown the powers of the federal government. ( F ) Constitution has been amended according to its provisions. T Constitution has been amended by court decisions. T Constitution has been amended by practice. T80.Due process Clause provides a guarantee of protection against the loss ofproperty or rights without the chance to be heard ………………………(T) 81.Members of the Senate are popularly elected for a term of sevenyears………...(F)82.Members of the House of Representatives are popularly elected for a term oft hree years……………………………………………...(F)83.The United States can not regulated interstate commerce…………….(F)84.The United States commerce power is now a general welfare power. (T)85.Both member of senate and members of the House of Representatives arepopularly elected. T86.In US , all persons be protected or treated equally F87.To some extent there exists tension between democracy and protection ofindividual rights. ( T )ws that impose restrictions on some, but not all, persons withoutjustification for the distinction are invalid T Government can not treat one person differently from another withoutreasonable ground for classifying them differently. T90.Nations regulate trade to protect the economic interests of their citizens or toprotect themselves in international relations and transactions. (T)91.If parties agree to arbitrate any contractual disputes, the decision of thearbitrator is final and binding on the parties. T92.The parties of international trade resolve the question of which country’s lawapplies in a choice of law clause in their sales contract. T93.WTO seeks to promote nondiscriminatory trade. T94.IMF seeks to promote nondiscriminatory trade. F95.In WTO, exceptions and special preferences were granted to developedcountries. F96.In WTO, principle of protection through tariffs is embodied in its mostfavored nation clause. (F)97.In WTO, t he aim of the rule ’protection through tariffs’ is to make the extentof protection clear (T)98.GATT provided a Dispute Settlement Body. (F)99.The GATT 1994 is a multilateral treaty subscribed to by 125 membergovernment, including US, China and Russia. (F )100.January 1st 1995, WTO took over the GATT policing responsibility.(T)101.The CISG. is short for the United Nations Conference on Contracts for the International Sale of Goods. (F)102.CISG sets forth the uniform rules to govern international sales contract.(T)103.United Nations Conference on Trade and Development (UNCTAD) represents the interests of the less developed countries. (T)104.The UNCTAD’s prime objective is the achievement of an internationalredistribution of income through trade. (T)105.UNCTAD set forth the uniform rules to govern international sales contract. F106.One of the main goals of the Organization of Petroleum Exporting Countries (OPEC) was to raise the taxes and royalties earned from crude oil production. (T)107.One of the OPEC’s major goals was to take control over production and exploration from major oil company. (T)108.OPEC is a producer cartel (T)109.The purpose of IMF is to shorten the duration and lessen the disequilibrium (imbalance) in the international balance of payments of members (T)110.The purpose of World Bank is to shorten the duration and lessen the disequilibrium (imbalance) in the international balance of payments of members (F)111.EEC was established in 1958 by the Treaty of Rome (T)112.European Commission consists of the heads of the state of the member countries (F)113.European parliament sets policy guidelines of EU (F)114.Franchising is a form of licensing that is now very common in international trade (T)115.In US, the Lanham Act may be used to exclude gray market goods. (T) 116.United states antitrust laws may apply to business conducted outside the US T117.United states antitrust laws may not apply to business conducted outside the US F118.119.The Jurisdictional Rule of Reason is based on the principle of comity. (T) 120.By the act of state doctrine, the courts of one country shall not judge other government’s acts done within its own territory ( T)121.The Sovereign Immunity Doctrine states that a foreign sovereign generally cannot be sued (T) has the jurisdiction if illegal conducts in securities markets took place in US, regardless it is against American or foreigner or where they live (T) has the jurisdiction if illegal conducts in securities markets involved American , regardless it tool place in US or foreign countries (T)124.Quota limitation is a kind of tariffs barriers. (F)125.Selling goods in another country at Low price is called dumping (F) 126.International Trade Administration (ITA) investigates if goods are being sold at LTFV in US (T)127.International Trade Commission of US conducts proceeding to determine if a dumping act has caused an injury to a domestic industry. (T) antitrust laws may apply to business conducted outside the United States. （T）129.United States laws provide some relief for certain industries, workers and communities adversely affected by foreign competition. T130.The Foreign Corrupt Practices Act prohibits any payment or gift to foreign official or influential third party for the purpose of gaining advantage in doing business (T)131.The Foreign Corrupt Practices Act prohibits any payments made to low-level officials for expediting the performance of routine government services. (F)Part 2 Multiple choices1. Which of the following does not belong to the participants in the court systemA Plaintiff,B Prosecutor,C GovernorD DefendantE Jury.(C)2 Which of the following does not belong to the costs awarded to the prevailing party after trialA Filing feeB process service feesC witness and jury feesD deposition transcripts costsE time lost from work(E)3 The next step to opening statements isA voir dire examinationB The Presentation of EvidenceC Motion for Directed VerdictD SummationE Jury Instructions(b)4 The next step to Commencement of Lawsuit isA Selecting a JuryB Service of ProcessC CounterclaimD DiscoveryE Deposition(b) the party who is charged with a violation of civil or criminal law in a proceeding brought in a court of original jurisdiction is called a/an :A. prosecutorB. defendantC. judgeD. plaintiff E jury(b)5 Which of the following does not belong to the financial power of US governmentA The Taxing PowerB The Spending PowerC The power to establish currencyD The Power to Own BusinessE The Banking Power – Create and regulate banks(D)6 Which of the following does not belong to the institutions of EUA European CommissionB European ParliamentC European Court of JusticeD European ConferenceE European Council(D) 7Barriers to trade not include:A tariffs,B antitrustC import quotasD government subsidiesE foreign policy restrictions(B)8 The goals for EU are:A. Single monetary and fiscal policiesB. Common foreign and security policiesC. Cooperation in justice and domestic affairsD. Above allE. None of above(D)9 which of the followings is not the one of individual right?A :the right to freedom of speech B: the right to due processC: the right to find other privacy D: the right to voteC 10 Decisions of the general trial courts in a state would be appealed to _______.A General Trial courtB Specialty CourtsC State Appellate courtsD State Supreme courtC 11 In US, which of the followings can serve for life, subject to removal only by impeachment because of misconduct.( )A. the presidentB. senator,C. judge,D. police,E. governorC12 . Which of the following does not belong to Federal Court SystemA . Federal District CourtsB. U.S. Courts of AppealsC. U.S. Supreme CourtD. Specialty CourtsD 13 Jimmy Elem was convicted of second-degree robbery in a Missouri court. During jury selection for his trial, the prosecutor struck two black men from the jury panel due to their long hair and facial hair. The prosecutor ( ).A.Utilized the Peremptory Challenges.B.Utilized the freedom of choice.C.Violated the human right.D.Violated the law that requires non-discrimination in court system.E.Violated the law unless he/she can provide valid reasons for suchstrikes.A14 America has very strict procedure of trial: a. Motion for a directed verdict;b. Motion for mistrial;c. Jury instructions;d. The presentation of evidence;e. Summation;f. Motion for new trial, motion for judgment N.O.V.(notwithstanding the verdict);g. Selecting a jury;h. Opening statements. Which one of the following options is the CORRECT order in the trial?A. ghdcabfeB. ghdaecbfC. ghdaebcfD. ghdacbfeC15 The U.S. constitution has been amended by ………………..(D)A. its provisionsB. court decisionsC. practiceD. all above16 Which treaty made EEC (the European economic community) change itsname to EU.A. treaty of MaastrichtB. treaty of RomeC. treaty of GreeceD. treaty of AustriaA17 The states possess the power to adopt laws to protect the general welfare, health, safety, and morals of the people. This is called ……………………A. prohibited powersB. police powerC. shared powersD. delegated powers(B)18 The power given by the states to the national government are describedas…A. delegated powersB. shared powersC. prohibited powersD. police power.(A)19 Members of the Senate are popularly elected for a term of years.A.3B. 5C. 6D. 7(C)20 The president serves for a term of years and is eligible for reelection for a second term.A.2B.4C. 5D. 3(B)21 The grant of power to the national government to impose taxes did not destroy the state power to tax, it indicates power set in the U.S. Constitution.A. prohibited powersB. police powerC. shared powersD. delegated powers(C)12 The written Constitution establishes a tripartite government. Which one of branches is to interpret the laws in governments?A. Legislative branchB. Judicial branchC. Executive branchD. Interpretive branchE. None of the above(B)23 The following terms show that the initial steps will generally apply in a lawsuit which brought in the courts of original jurisdiction. Which one should do FIRST after the defendant’s response and the pleadings?A. DepositionB. Commencement of a lawsuitC. Service of processD. Discovery(D)24 WTO plays an important role in multinational markets for goods, services, and investments. Which rule mainly aim at making the extent of protection clear and to making competition possible?A. The principle of transparency during the tradeB. Trade without discriminationC. The principle of sharing equal rightsD. Protection through tariffs(D)1GATT Fundamental Principles are :A.Trade without discriminationB.Protection through tariffsmon foreign and security policiesD.Cooperation in justice and domestic affairs(A B)2 Which of the following about dumping are correct:A It is illegal for the act of dumping in US, or by UScompanies.B LTFV must be established by ITA (International TradeAdministration) before any action can be taken against thesuspecting entity.C LTFV means Local Trading Forecast Value.D The injury to domestic industry must be identified before anyaction can be taken against the suspecting entity.E ITC (International Trade Commission) makes the finaldecision regarding antidumping, and the decision can not beappealed.(A B D) 3\ A legal right is:A A legal capacity to require another person to perform an act.B An obligation of law to require a person to perform an act.C A legal capacity to require another person to refrain fromperforming an act.D An obligation of law to require another person to refrain fromperforming an act.E None of the above.(A C)4 The Tripartite government of U.S. government means:A.The three parties in government.B.Legislative, Executive, and Judicial.C.Three branches in the government.D.Republican, Democratic, and Independent.E.None of the above.(B C)5 Which of the foll owing are not a part of today’s International TradeOrganizations, Conferences, or Treaties:A GATTB WTOC UCCD EUE NAFTA(A C)6 The financial powers of the federal government includeA. the taxing powerB. the currency powerC. the commerce powerD. the borrowing powerE. the banking powerF. the spending power(ABDEF)7)United States Antitrust laws may apply to:a)All corporations in United States.b)All corporations in and outside of US.c)US export firms that violated the antitrust law of host countries.d)All traveling salespersons even to whom that are foreigners.e)All traveling salespersons even to whom that are traveling outside of US.(A C)8. The U.S. Federal Court System:A. Consists of four levels of courts: U.S. Basic Courts, Federal District Courts, U.S. Courts of Appeals, and The US. Supreme Court.B. Consists of three levels of courts: Federal District Courts, U.S. Courts of Appeals, and The U.S. Supreme Court.C. Handles civil suits that involved damages of $50,000 or more, citizens of multiple states, or U.S. Constitution.D. Handles most cases involved bank.( BCD )9 U.S. Constitution:A Is the only written law of U.S. and can not be changed.B Sets the structure of government and the relation of people to it.C Defines the individual right of the Americans.D Has the supremacy to any other law in U.S.E Defines what human right is and what it can be.(b, c, d.)10 What does federal court system consist ofA Federal district courtsB US courts of appealsC General trial courtD Specialty courtsE US Supreme CourtA B E11) Common law as a legal term can be used as opposed to:A. Statutory lawB. Case lawC. Civil lawD. Equity(ACD )12 Which of the following has/have original jurisdiction?A. U.S. Court of International TradeB. Small claims courtC. Federal bankruptcy courtD. Federal district courtE. U.S. Supreme Court( ABCDE ) 13Which of the following statements in respect of equity is/are CORRECT: A. Equity is a body of rules that provides special relief in the event the remedies at law are not sufficient.B. Equity is a body of rules that developed in England separately from the common law due to the parallel court systems of law court and equity court.C. Today one court applies rules of both law and equity in most United States.D. Money damage is an equitable remedy.( ABC )14 Barriers to trade include:A tariffsB export tax incentivesC import quotasD government subsidiesE foreign policy restrictions( ACDE ) The Constitution as it is interpreted today has changed greatly from it was written originally. The changes has been brought about byA: the orders of CongressB: interpretations by the US Supreme CourtC amendments according to Article V of the ConstitutionD, practice.(BCD)Part 3 Answer the questions below1.Discuss the right to privacy and the protections it provides;2.List the sources of law and gives examples from each level;3.Give the classification of law4.List the initial steps in a lawsuit ;5.Describe the actual steps in a trial;6.Define the two most important forms of alternative dispute resolution7.Distinguish between mandatory and voluntary arbitration8.What is the difference between mediation and arbitration9.What is the difference between the role of a trial court and the role of anappellate court? What functions do they perform, and how do they perform them10.Describe the governmental system created by the U.S. Constitution;11.List the branches and levels of government and describe their relationship toeach other;12.Explain how the U.S. Constitution adapts to change;13.List and describe three significant federal powers;14.In the view of the fact that written Constitutions constantly change, it canbe said that there is no value in having a written constitution. Appraise this statement15.Dose equal protection prevents classification? If not, when is classificationproper? (answer: P63)16.The federal interstate commerce power goes no further than to give thefederal government power to regulate goods and vehicles crossing state lines.Appraise the statement. (answer: P58)17.Identify seven major international organizations, conferences, and treaties;18.Describe the forms of business organizations that exist for doing businessabroad;19.List and explain the laws that provide protection against unfair competitionfrom foreign goods;20.List and explain the laws that provide economic relief for those adverselyaffected by import competition;21.How does the most favored nation clause of the GATT work to foster theprinciple of trade without discrimination?简答题案例等题库P13 No 3.4 5 7 8 11 13P 35 1,2,4,8,13P152 No. 8Cindy Nathan is a student at West University. While she was at her 9:00 A.M. anthropology class, campus security entered her dorm room and searched all areas, including her closet and drawers. When Cindy returned to her room and discovered what had happened, she complained to the dorm’s senior resident. The senior resident said that this was t he university’s property and that Cindy had no right of privacy. Do you agree with the resident’s statement? Is there a right of privacy in a dorm room? Please give some explainations.。