Why does Louisiana not follow “Stare decisis”?

1. Why does Louisiana not follow “Stare decisis”?


2. Who makes common law?



3. Who makes statutory law”



4. When does a court change precedent – give all instances from the book?



5. Who is the confederation congress?



6. Article III of the U.S. Constitution allows Congress to create the lesser courts, and what else does it do?



7. The federal government can use what Constitutional Article to regulate speed limits at the state level:



8. Which drafter and President hated Marbury and why?



9. “Strict scrutiny” review is provided under what amendment to the Constitution and gives what power?


10. Substantive and procedural due process are provide for in what amendments to the C? What do they mean?


11. A writ of certiori is:



12. When society bases its ethical decision making based on following legal codes and statutes, then it is said to be following ____________:


13. Which of the following is likely ethical under positive law?


14. Normative standards might include:


15. Equal pay for everyone would most likely result from which ethical philosophy?


16. Conflict of Interest means:


17. Self Indulgence as an ethical category might include as an example:


18. A high school kid caught drinking alcohol might use the following rationalization to his parents:


19. The process of discovering all the necessary facts and laying out all of the possible options is more commonly known as:


20. Mary was going to cheat on her exam. If Mary were a consequentialist, which factors might she review in her decision making process:


21. “Water-boarding” would least likely be used by a person who shared the following philosophy:


22. “Black Lives Matter” would best be served by asking the police to follow which ethical philosophy?


23. Thinking of yourself only, if you were an employee working at a company where the CEO had to increase the bottom line, which could include growing sales, layoffs, other measures then you would hope that your CEO has which philosophy:


24. Honorable Justice John Potter Stewart said, “There is a big difference between what we have the right to do and what is right…” Which of the following examples might the Justice find most problematic?



25. The first document filed in a lawsuit is?


26. An answer may include the following?


27. A counter claim is used against a ___________ where a cross claim is used against a ______________.


28. A default judgment is given to:


29. Which is usually the first form of discovery in a civil trial?


30. A motion for summary judgment:


31. Voire Dire:


32. Which best describes the cost of the following ADR methods from least to most:


33. Other than cost, a main benefit that Negotiation has over a Trial is:


34. Facilitative mediators mainly try to:


35. Arbitration is most likely to be used when:


36. The defendant’s response to a complaint is called a:


37. In discovery, a request for access to medical records might be granted when:


38. Bob testified that Mark told him that Jim confessed to the murder Joe.


39. Bob is on trial for murder. The state wants to admit evidence that Bob was arrested for sex with a minor 20 years ago. Which of the following objections is most likely to get sustained (upheld by the judge)?


40. Which of the following business forms attach the most personal liability to the owners?


41. What is the easiest way to prove a partnership exists?


42. Joint and several liability refers to:


43. Which of the following pays no federal taxes:


44. A _____________ requires at least one general partner while a _______________ requires at least two general partners.


45. Corporate directors are protected from liability by the business judgment rule for bad decisions:


46. An S-Corporation is:


47. “Piercing the corporate veil” refers to:


48. Limited Partners have limited liability for the debts of the partnership, except when:


49. Which of the following entities does not have a pass through tax feature for profits and losses:



50. The Mine Co. board bought a tract of land to mine for diamonds. The land was a bust and the company went bankrupt. The Mine Co. board:


51. Death of an owner causes a ______________ to a partnership but a Corporation is a ______________ and will continue after the death of an owner.


52. Double taxation is:


53. Partnership agreements should address the following issues to avoid long term problems:


54. If your only business concerns were taxes and cost, then you would probably have what type of business?


55. Blue Sky Laws are:


56. The two main federal securities laws are:


57. Where is the definition of a security found?


58. Which of the following is most likely a security?


59. To be a security, the transaction must pass the Howey test (See SEC v. W.J. Howey Co., 328 U.S. 293 (1946)). This is the standard in a majority of states, but a minority of states also look at which of the following factors:


60. Which of the following are exempt securities from the 1933 Act?


61. Which of the following is an exempt transaction?


62. Filing requirements with the SEC for companies that are not exempt include:


63. A tombstone ad:


64. Tippees:


65. Which of the following is true of a Rule 504 offering?


66. A company can run a tombstone ad:


67. Quarterly (10-Q) and annual filing statements (10-K) for publicly traded companies with the SEC must be signed by:


68. Smith and Jones, Inc. formed a corporation located in Ohio to build software


69. The enabling statue for the Securities and Exchange Commission is:


70. Which of the following may make a contract voidable by both parties to a contract?


71. Contracts that are terminated as a matter of law or public policy are considered:

72. Oral contracts are:

73. To determine if a statement was an offer, the courts would use:

74. The offeror is:

75. Which of the following is a defense to a contract:

76. What is the essential difference between forming a contract under UCC or Common Law:

77. Which of the following is not an essential element for all contract formation:

78. Which of the following might not be considered a good, under UCC:

79. “I want to sell my car for $5,000” can most likely be described as:

80. An executed contract is one that is:

81. An executory contract requires:


82. When is parole evidence used in a contract?


83. Which of the following may make a contract void?


84. Which of the following are elements of both fraud and misrepresentation:


85. Which of the following relationships could be the foundation for Undue Influence:


86. Which of the following contracts would be void?


87. “If you graduate high school, then I will buy you a laptop” is an example of:


88. Accord and satisfaction occurs when there is:


89. What type of contract damages places the injured party in the same position as they would have been in without the breach:


90. Commercial practicability or force majeure clause in a contract would most likely protect a party under which circumstance:


91. Contract performance will be excused under the following circumstances:


92. Terminating an employee under the employment-at-will doctrine:


93. If a principal ratifies an agent’s actions:


94. Principals are liable for the acts of independent contractors if:


95. An agent is liable to third parties when


96. The agent has no liability to third parties when?


97. The agent has no liability to third parties when?


98. Which of the following is necessary to create an agency relationship?


99. Firing an agent terminates:


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