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Business Law Quiz 1 – Based on the Blackboard

Courts are not obligated to follow precedents
False
The Pennsylvania legislature enacts a state law that violates the U.S. Constitution. This law can be enforced by
No one
Charles is a federal judge whose judicial decisions are part of case law, which does not include interpretations of
Sound bites in the media
Procedural law consists of all laws that outline the methods of enforcing rights.
True
Dave and Ellen enter into a contract via e-mail. When a dispute arises over the performance of the deal, Dave files a suit against Ellen. The emerging body of law that governs transactions conducted via the Internet is referred to by the term
Cyberlaw
A jury’s good sense and careful consideration of consequences is known as jurisprudence.
False
Laws and governmetn regulations affect almost all business activities.
True
Larry enters into a contract with Motivational Education Services to host a panel discussion at a sales conference. When the conference is postponed indefinitely, Larry asks a court to cancel the contract and return the parties to the positions that they held before its formation. This request involves
Rescission
Each judge had his or her personal beliefs and philosophy, which shape the legal reasoning process.
True
Beth is a victim of Carl’s violation of a criminal law. Criminal law is concerned with
wrongs committed against the public as a whole
A provision in the California state constituion conflicts with a provision in the U.S. Constitution. If challeged
The U.S. Constitution, not the state provision, will be enforce.
Common law is term for the laws that are familiar to most of us.
False.
Decisions by higher courts are not binding on lower courts
False
Jane enters into a contract with Jill to provide 100 roses for a dinner party. Jill fails to deliver the roses. Jane initiates a suit against Jill, asking the court to order Jill to refund Jane’s payment. Jane is
The Plaintiff
Maggie and Nate enter into a contract fo the sale of a car, but Nate later refuses to deliver the car. Maggie asks a court to order Nate to perform as promised. Ordering a party to perform what was promised is
Specific performance
Sara believes that she has a strong case against Tom for the breach of an employment contract. Despite this belief, Sara cannot file a suit against Tom after the expiration of the time allowed for the filing under
A statue of limitations
The decisions made by the courts establish the boundaries of the law as it applies to almost all business relationships.
True
In the case of Retail Sales Corp. v. Trucking Delivery Co., the court may rule contrary to a precedent if the court decides that the precedent
is incorrect or inapplicable
A citation identifies that publication in which a legal authority can be found.
True
The Uniform Commerical Code has been adopted in all fifty states
True
The courts, in interpreting statutory law, often rely on the common law as a guide to what the legislators intended.
True
When all the judges (or justices) agree on a decision, a majority oppinion is written for the entire court.
False
Clearly, a judge’s function is to make the laws.
False
Data Analytics, Inc., is a corportaion engaged in the business of compiling, analyzing, and marketing data. To accomplish its purposes, Data Analytics obtains financing, and hires and fires employees. Laws and government regulations affect such business activities as
All of the choices
Federal agency regulations take precedence over conflicting state agency regulations.
True
The Nebraska Supreme Court issues an opinion that can be found at 285 Neb. 88, 825 N.W.2d 429. “825” is
The number of the volume in the official reports of the court’s decisions.
In most legal controversies, there is one single correct result.
False
Operational Processes, Inc., appeals a decision against it, in favor of Precision Manufacturing Corporation from a lower court to a higher court. Operational Processes is
The appellant
To Sam, the written law of a particular society at a particular time is most significat. Sam is a
Much of American law is based on
the English legal system
The party against whom a lawsuit is brought is the plaintiff or petitioner.
False
Juan is a judge. How Juan and the judges in other courts interpret a particualar statue determines
how that statue will be applied
The Bay City Planning Departmnent, the Coastal County Zoning Commission, the Delaware Environmental Quality Agency, and the U.S. Bureau of Land Management issue regulations. These rules constitute
The U.S. Constitution reserves to the federal government all powers not granted to the states.
False
Federal agency regulations take precedence over conflicting state agency regulations
True
The U.S. Congress enacts a new federal statue that imposes liability on businesses hiring employees without verigying their citizenship status. This statute applies
to all the states
A Maryland state court can exercise jurisdiction over National Insurance Corporation, an out-of-state company, if the firm has
minimum contacts with the state.
After both sides have rested their cases, only the plaintiff’s attorney makes a closing argument.
False
Martin files a suit against Nichelle in a state court over payment due on a short-term employment contract. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. Refer to Fact Pattern 2-1. After the state’s highest court’s review of Martin v. Nichelle, a party can appeal the decision to the United States Supreme Court if
Under the authority of a long arm statute, a court can exercise personal jurisdiction over certain out-of-state defendants.
True
Laws would be meaningless without the courts to interpret and apply them.
True
The use of additional evidence distinguishes the motion for summary judgment from the motion for judgment on the pleadings.
True
A court of appeals does not hear any evidence.
True
Jenna files a civil suit against Keshia. To succeed, Jenna must prove her case
by a preponderance of the evidence.
Fresh Harvest Company, which is based on Georgia, packages and sells vegetables. Hayden, who is a resident of Indiana, buys a Fresh Harvest product, eats it, and sufferrs severe food poisoning. Hayden wants to file a suit aginst Fresh Harvest. The diversity of citizenship between these parties means that
federal and state courts have concurrent jurisdiction.
Either party may appeal a jury’s verdict but only the defendant may appeal a judge’s ruling.
False
During the trial phase of Saf Drink Soda Corporation’s suit against TimeOut Convenience Stores, Inc., their attorneys angage in voir dire. This is
The federal courts are superior to the state courts.
False
Gilbert wants to initiate a suit against Healthways Insurance Company by filing a complaint. the complaint should include
Arnold loses his suit against Buffy in a Colorado state trial court. Arnold appeals to a state intermediate court of appeals and loses again. Arnold would appeal next to
the Colorado Supreme Court
A court can exercise jurisdiction over property that is located withing its boundaries.
False
The Iowa Supreme Court rules against Jennifer in a case against Kut-Rate Stores, Inc. Jennifer wants to appeal her case to the United States Supreme Court. She must ask the Court to issue a writ of
Renewale Resources, Inc., files a suit aginst Sunrich Utility Company and seeks to examine certain documents in Sunrich’s possession. A legitimate reason for this examination is that the documents contain
information that is relevant to the case
To prepare for a trial between SmartPhones, Inc., and TechApps Company, TechApps’ attorney places SmartPhones’ chief executive officer (CEO) under oath. A court official makes a record of the attorney’s questions and the CEO’s answers. This is
A deposition
Neville files a suit agianst Olina. If Olina fails to respond,
Olina will have a default judgment entered against her.
In Hazel’s suit aganist Ingrid, the court issues a judgment in Ingrid’s favor. If the case is appealed to an approriate court of appeals, the appellate court wil hear
Ballpark Sportsfield, Inc., files a suit against Concessions & Tailgate Services. The document that informs Concessions & Tailgate that it must file an answer within a specified time period is
Because corporations are not considered legal persons, courts use different principles to determine whether it is fair to exercise jurisdiciton over a corporation.
The minimum-contacts requirement is usually met if a corporation advertises or sells its products withing a state.
True
Interrogatories are written questions for which written answers are prepared by a judge.
False
As a judge in federal court Christine can decide, among other things, whether the laws or actions of the executive and legislative branches are constitutional. The process for making this determination is known as
judicial review.
Martin files a suit against Nichelle in a state court over payment due on a short-term employment contract. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. Refer to Fact Pattern 2-1. After the state’s highest court’s review of Martin v. Nichelle, a party can apppeal the decision to the United States Supreme Court if
A federal question is involved.

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