Business Law Ch1-4
a. natural law.b. stability and predictability.
c. legal realism.
a. Roman law.b. natural law.
c. English law.
d. uniform laws.
a. agency rulings to enforce existing regulations.b. legal principles that underlie previous court decisions.
c. statutes against theft.
d. the legal tools available to a court to redress grievances.
a. developing public policy solutions to legal problems.b. ascertaining the facts and issues of the case.
c. determining the rule of law that applies in the case.
d. applying the rule of law to the facts and issues of the case.
a. federal and state statutes only.b. federal and state statutes and administrative regulations only.
c. federal and state statutes, administrative regulations, constitutions, and court cases.
d. federal and state statutes, administrative regulations, constitutions, legal scholarship, and court cases.
a. develop uniform rules to deal with commercial relations.b. perform specific government functions.
c. provide more efficient government office management.
d. act as a buffer between the executive and legislative branches of government.
a. the common law.b. regulatory law.
c. international law.
d. the law of Indian affairs.
a. the law that governs relations between persons.b. law concerned with criminal offenses.
c. federal, but not state, statutory law.
d. law governing the relations among nations.
a. a reference to a Supreme Court case that is considered the latest authority on a point of law.b. a reference to a publication in which a legal authority can be found.
c. the location of a trial court or court of original jurisdiction.
d. an academic honor in a law school.
a. guilty under the state statute.b. guilty under administrative law.
c. not guilty because the court has no authority to enforce the statute.
d. not guilty because the mail notification was not sufficient and Plakke did not have a chance to contest the original decision in court.
a. specific performance.b. rescission.
a. laches.b. stare decisis.
c. constitutional constructionism.
d. courts of equity.
The doctrine of judicial review allows
a. the president to revoke Supreme Court decisions when they go beyond the bounds of Court authority.b. the judicial branch to decide whether laws or actions of the other branches of government are constitutional.
c. the judicial branch to write laws when Congress is unable or unwilling to do so.
d. congress to remove federal judges when their decisions do not follow public policy or are unconstitutional.
a. a resident of the state in which the court is located.b. any defendant from another state or country who is being sued by a citizen of the state in which the court is located.
c. a defendant from another state or country who has minimum contacts with the state in which the court is located.
d. the citizens of any state that shares a border with the state in which the court is located.
a. in-state jurisdiction.b. in personam jurisdiction.
c. in rem jurisdiction.
d. in propria jurisdiction.
a. concurrent jurisdiction.b. general jurisdiction.
c. subject-matter jurisdiction.
d. exclusive jurisdiction.
a. primary subject matter of a case at trial.b. basis for selecting a jury.
c. procedure for appealing a case.
d. most appropriate location for a trial.
a. a writ of certiorari.b. a treaty, the U.S. Constitution, or a federal law.
c. an appeal of an order of the United Nations.
d. state law and parties who are all from the same state.
a. United States Supreme Court.b. U.S. district courts.
c. U.S. Chamber of Commerce.
d. Court of International Trade.
a. diversity jurisdiction.b. in personam jurisdiction.
c. in rem jurisdiction.
d. no jurisdiction.
B. In personam jurisdiction
Defined:Court jurisdiction over the “person” involved in a legal action; personal jurisdiction.
a. certiorari.b. jurisdiction.
c. standing to sue.
d. judicial review.
a. the United States Supreme Court.b. the Georgia Supreme Court.
c. a U.S. district court.
d. a U.S. Circuit Court of Appeals.
a. the parties have diversity of citizenship.b. the court has concurrent jurisdiction.
c. the court has venue.
d. the case is being heard for the first time.
a. a commercial cyber presence.b. conducted substantial business with Ohio residents through its Web site.
c. interacted with at least three Ohio residents through its Web site.
d. received a national trademark and domain name for its Web site.
a. review the merits of the dispute.b. set aside the arbitrator’s award.
c. review the sufficiency of the award.
d. do nothing.
a. negotiation.b. early neutral case evaluation.
c. a summary jury trial.
a. only as to this claim.b. entirely, as to this and all other claims against her Internet service provider.
c. not at all.
d. for a period of sixty days.
a. arbitrated.b. settled.
d. sent for a mini-trial.
a. granted the motion to dismiss the case because the court lacked jurisdiction.b. granted the motion to dismiss the case because Corrina’s parents lacked standing.
c. denied the motion to dismiss the case, because Corrina’s parents had standing.
d. denied the motion to dismiss the case, because venue was proper.
C. Denied the motion to dismiss the case because Corrina’s parents had standing.
Harm. The party bringing the action must have suffered or will imminently suffer harm—an invasion of a legally protected interest. The controversy must be real and substantial rather than hypothetical.
Causation. There must be a causal connection between the conduct complained of and the injury.
Remedy. It must be likely, as opposed to merely speculative, that a favorable court decision will remedy, or make up for, the injury suffered.
On what basis might the federal district court in Illinois exercise jurisdiction in this case?
a. A state long-arm statute.b. In rem jurisdiction.
c. Diversity of citizenship.
d. Federal question.
C. Diversity in Citizenship
Defined:Under Article III, Section 2, of the Constitution, a basis for federal court jurisdiction over a lawsuit between (1) citizens of different states, (2) a foreign country and citizens of a state or of different states, or (3) citizens of a state and citizens or subjects of a foreign country. The amount in controversy must be more than $75,000 before a federal court can take jurisdiction in such cases.
Does the federal district court have original or appellate jurisdiction?
a. Original jurisdiction, because the case involved federal laws.b. Original jurisdiction, because the case was initiated in that court and that is where the trial will take place.
c. Appellate jurisdiction, because federal district courts are courts of appeal.
d. Appellate jurisdiction, because the district court must review the state court’s findings.
Assume that Garner filed his action in a Nevada state court. Would that court have personal jurisdiction over Foreman or his manager? Explain.
a. Yes, because the defendants owned property in Nevada.b. No, because the defendants were not Nevada residents.
c. Yes, because the defendants met with Garner and formed a contract in the state of Nevada.
d. No, because the defendants only came to Nevada to meet with Garner; that cannot be the basis of jurisdiction.
a. mediation system of justiceb. exchange system of justice
c. adversarial system of justice
d. conciliatory system of justice
a. motions, depositions, and interrogatories.b. pretrial, trial, and posttrial.
c. examination, cross-examination, and conclusion.
d. filing, answering, and countersuing.
a. a deposition and an interrogatory.b. a complaint and a summons.
c. a summary judgment and a default judgment.
d. a complaint and an answer.
a. an affidavit stating that the plaintiff is lyingb. a counterclaim against the plaintiff
d. a motion to dismiss
a. excavation.b. discovery.
d. service of process.
a. a sworn statement by a party or a witness.b. an interrogation by an attorney.
c. a set of written questions answered under oath.
d. a kind of pretrial conference.
a. summary judgment.b. an appeal.
c. a writ of certiorari.
d. a judgment notwithstanding the verdict.
D. A judgement notwithstanding the verdict
Note:Such a motion will be granted only if the jury’s verdict was unreasonable and erroneous.
a. the judge in the lower court is later found guilty of fraud or undue influence.b. an error occurred in applying the law to the case.
c. an error was made in stating the facts of the case.
d. the plaintiff lost the case; defendants have no right of appeal.
a. physical examinations of key employees of A-Z.b. permission for Motor Sports’ president to personally inspect the contents of all of A-Z’s paper records and computer files.
c. documents in A-Z’s possession relating to the contract.
d. access to the contents of A-Z’s top executives’ safe-deposit boxes.
a. a counterclaim.b. a motion for judgment on the pleadings.
c. a motion for judgment n.o.v.
d. an affirmative defense.
a. a statement of the basis for the court’s jurisdiction.b. a statement indicating the key evidence behind the suit.
c. a motion for judgment n.o.v.
d. a motion for summary judgment.
a. a deposition.b. an interrogatory.
c. voir dire.
d. request for admissions.
A. a deposition
Note: type of discovery
a. jurors are picked from a jury pool.b. the bailiff organizes the courtroom so that the trial can proceed in a proper fashion.
c. the attorneys view and discuss pretrial documents obtained during discovery.
d. the attorneys determine the appropriate number of jurors.
a. cross-examination.b. direct examination.
d. a request for admissions.
a. bring more evidence to the trial than Jaran brings.b. show that it is indisputable that her claim is true.
c. show that Jaran’s claim is not true.
d. show that it is more likely than not that her claim is true.
a. for a judgment on the pleading.b. for a new trial.
c. to dismiss the case.
d. for summary judgment.
a. reverse the trial court decision.b. remand the case for new trial.
c. affirm trial court findings of fact.
d. modify trial court findings of fact.
a. cosigning a loan on behalf of Sahmura for at least the value of the judgment.b. naming Sahmura as the beneficiary on a life insurance policy equal to the value of the judgment.
c. transferring property he owns directly to Sahmura or selling property he owns and using the proceeds to pay her.
d. all of these choices are valid ways of satisfying the judgment.
a. Dismiss the case because of Stout’s refusal to provide information to Sunrise.b. Dismiss the case even though Stout had a good reason not to provide Sunrise with the information.
c. Refuse to dismiss the case because Sunrise had no right to Stout’s medical records.
d. Refuse to dismiss the case because Stout’s injuries were severe, which means he must be given the chance to litigate.
a. refused to dismiss the case because the complaint did state a claim.b. refused to dismiss the case because Martin had standing to sue.
c. dismissed the case because it lacked venue.
d. dismissed the case because the complaint did not state a claim.
The system of checks and balances embodied in the U.S. Constitution allows
a. the executive branch to dominate all the other branches.
b. each branch to limit some actions of the other branches.
c. the legislative branch to determine which cases are reviewed by judges.
d. the judicial branch to have the final say on any issue.
a. the judicial branch to regulate commerce.b. the executive branch to regulate commerce.
c. the legislative branch to regulate commerce.
d. the states to regulate commerce and foreign trade.
a. that are involved in commerce between the states.b. that are located in North America.
c. that are involved in international commerce.
d. that are involved in commerce within a state.
a. have state police forces but not exercise other powers.b. regulate only “public activities,” such as protest marches.
c. regulate private activities to promote public health, safety, and general welfare.
d. regulate interstate commerce.
a. separation of powers.b. commerce clause.
c. taxing and spending clause.
d. Tenth Amendment.
a. the Declaration of Man’s Rights.b. the Bill of Rejoinder.
c. the Bill of Rights.
d. the Magna Carta.
a. foreign citizens located in the United States.b. state government officials.
c. Commerce Department officials.
d. the federal government.
a. prohibits the government from creating a state-sponsored religion.b. prohibits the establishment of foreign churches in the United States.
c. guarantees that no person can be compelled to do something contrary to his or her religious belief.
d. guarantees that churches cannot demand donations from their members.
a. the right does not apply to anyone.b. Congress must pass legislation clarifying the right.
c. the United States Supreme Court decides what the language means.
d. the individual state legislatures interpret the unclear language.
a. the supremacy clause.b. privileges and immunities.
c. checks and balances.
d. full faith and credit.
a. the privileges and immunities clause.b. the due process clause.
c. the full faith and credit clause.
d. the separation of powers.
a. struck down on the basis of the supremacy clause.b. struck down on the basis of the due process clause.
c. upheld on the basis of the supremacy clause.
d. upheld unless Congress expressly prohibits states from enacting laws regarding cigars.
a. Yes, Congress has taxing and spending power to use as it wishes.b. Yes, the privileges and immunities clause allows Congress to grant privileges to certain states.
c. No, the commerce clause does not allow different rules for different states.
d. No, the taxing and spending clause requires that taxes be imposed uniformly throughout the United States.
a. No, because the law is an unconstitutional restriction on free speech.b. No, because the business owners’ privileges and immunities have been violated.
c. Yes, because the law only prohibits political speech by businesses, not by individual citizens.
d. Yes, because political speech is restricted if “constitutionally permissible.”
a. protected by the First Amendment.b. protected under the right to privacy.
c. considered political speech.
d. considered criminal.
a. procedural due process.b. substantive due process.
c. full faith and credit.
d. interstate commerce.
B. Substantive due process
Note: limits what the government may do in its legislative and executive capacities.
a. the rational basis test.b. strict scrutiny.
c. intermediate scrutiny.
d. the police power test.
a. unconstitutional under the supremacy clause.b. unconstitutional under the equal protection clause.
c. constitutional under the supremacy clause.
d. constitutional under the due process clause.
a. constitutional under the safety clause.b. constitutional under the free exercise clause.
c. unconstitutional under the free exercise clause.
d. unconstitutional under the due process clause.
Why does this statute raise equal protection issues instead of substantive due process concerns?
a. Because the law applies equally to all persons.b. Because the law applies only to persons riding motorcycles.
c. Because the law places a burden on certain persons without fair procedures.
d. Because the law applies to motorcycle riders who reside out of state as well as state residents.
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