BLW 302 (Exam 1-2-3-4-5) Study Guide

An award of damages is

a payment of money or property.

Bess files a suit against Chet over the sale of Dairy Farm. During the trial, after the plaintiff's attorney is finished questioning the first witness, the witness is subject to

cross-examination.

A statute is a secondary source of law.

false

Cyberlaw is

law that relates to the online environment.

At one time, a court of law could grant as a remedy only

monetary damages.

When Lara and Mick cannot resolve their dispute amicably, Lara initiates a lawsuit against Mick. Lara is

the plaintiff.

Tech Inc. completes programming and other services for Uno IT Products Corporation. When Uno IT's computer system crashes, the firm loses $500,000 worth of business and pays $100,000 to have the system reprogrammed. Uno IT announces to the media that the crash was due to Tech's incompetence and files a complaint in a federal court against the firm. What are Tech's options in response?

(writing answer)

Chapter 4 :

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Chapter 5 :

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Chapter 2 :

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A decision on a question of state law is final when

a U.S. magistrate judge decides the case.

The availability of different remedies is a factor that can affect

a party's decision to litigate in a certain court.

Ordering a party to perform what was promised is

an equitable remedy.

Cornel and Deanna resolve their dispute over the subsidence of Cornel's real property due to Deanna's excavation for an irrigation pond by having a neutral third party render a binding decision. This is

arbitration.

In a suit to compel arbitration, a court will order a dispute to be arbitrated if

both parties consented to it.

A citation is a regulation enacted by a city or county legislative body.

false

In a criminal case, the object is to obtain a remedy.

false

The study of business law does not involve an ethical dimension.

false

Under the First Amendment, in comparison with noncommercial speech, the protection given commercial ads is

non-existent. equally extensive. (not)

The means to enforce a right or compensate for the violation of a right is

remedy

Laws enacted by legislative bodies at any level of government make up the body of law generally referred to as

statutory law.

Heyli is not a resident of Iowa although her website can be accessed by residents of that state. Jen files a suit against Heyli in an Iowa state court. The court is most likely to have jurisdiction over Heyli if Jen's claim arises from

substantial business between Jen and Heyli through Heyli's website.

During the trial of a suit concerning the terms of a contract between Marvel and Nina, the plaintiff's attorney presents evidence from Ochre, who is not an expert in the field about which he is being questioned. Ochre can

testify only about what he personally observed.

A rule issued by the federal Environmental Protection Agency (EPA) limits the amount of carbon that can be emitted from a car's exhaust system. California state law prescribes much lower limits. Under the U.S. Constitution

the federal rule takes precedence.

Alix posts a podcast on the Believe! website in which she insists that Congress base all federal law on her religious principles. Under the First Amendment, Alix is guaranteed

the freedoms of religion and speech.

The Appellate Division of the New York Supreme Court issues an opinion that can be found at 157 A.D.3d 486, 69 N.Y.S.3d 26. "157" is

the number of the case in its chronological sequence. the number of the volume in an unofficial report of the court's decisions. (not)

The United States Supreme Court issues an opinion that can be found at __ U.S. __, 138 S.Ct. 617, 199 L.Ed.2d 501. "617" is

the number of the volume in the official reports of the Court's decisions. the number of the volume in an unofficial report of the Court's decisions. (not)

Speech can be subject to reasonable restrictions.

true

Cattle House Steaks, a Colorado company, enters into a contract over the phone with Beef Packing Inc., an out-of-state corporation. If a dispute arises, a Colorado court can exercise jurisdiction over Beef Packing

under the minimum-contacts test.

Hospital Inc. files a complaint in a federal district court against Inventory Management Company, asserting breach of contract. Under the Federal Rules of Civil Procedure, any allegations in the complaint that are not expressly denied by the defendant will be deemed by the court to be

voir dire. subject to dispute during the trial. (not)

A challenge to the constitutionality of an executive order that limits certain state actions is

within the power of judicial review.

In the case of Sales Corp. v. Transport Co., the court may rule contrary to a precedent if the court decides that the precedent

would not bring about the result the judge prefers. (not)

Chapter 1 :

...................................

Peoples Rights Organization (PRO), a political lobbying group, wants a certain policy enacted into law. If PRO's policy conflicts with the U.S. Constitution, a law embodying it can be imposed by

Congress. any state. (not)

Even if it conflicts with the U.S. Constitution, a state constitution is supreme within that states' borders.

False

The Bill of Rights embodies

The first ten amendments to the U.S. Constitution.

Lazlo, a citizen of Minnesota, wants to file a suit against Nadji, a citizen of Ohio. The diversity of citizenship may be a basis for

a federal court to exercise jurisdiction.

Sportsfield Inc. files a suit against Tailgate Services. Before the trial, during the jury selection process, Sportsfield's attorney asks, without providing any reason, that one of the potential jurors not be sworn in. This is

a peremptory challenge.

Shippers Warehouse initiates a suit against Trucking Company by filing a complaint. Trucking Company files a motion to dismiss, which asserts that

even if the facts in the complaint are true, the defendant is not liable

In Beta Roasters suit against Coffee Stand, alleging trademark infringement, the court issues a judgment in the defendant's favor. The case is appealed. The appellate court will hear

none of the evidence.

The jurisdiction of the federal courts is limited because

the federal government has limited powers.

A constitution is a primary source of law.

true

The doctrines and principles announced in court decisions govern all areas not covered by statutory or administrative law.

true

Chase is injured in an accident while driving an off-road vehicle made by Drivers Edge Inc., an out-of-state corporation. Chase files a suit against Drivers Edge, alleging negligence, and mails a summons and a copy of the complaint to the firm by certified mail, return receipt requested. The envelope is addressed in part to "Elvin, President, Drivers Edge, Inc." The receipt is returned with the signature of "Francine," a Drivers Edge employee. A U.S. Postal employee later testifies that Francine usually receives mail on Drivers Edge's behalf. Drivers Edge does not respond to the suit. In a default judgment, Chase is awarded damages of $500,000. Later, Elvin claims that he was not notified of the suit and asks the court to set aside the judgment. What is the issue in this set of facts? What rule applies? What should be the result on the application of the rule? Why?

(writing answer)

A precedent is

A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts.

With respect to the study of jurisprudence, there is only one school of legal thought.

False

Grain Farm Inc. files a suit against Harvest Services. Before the court can exercise jurisdiction over Harvest, the court must have proof that

Harvest was notified of the suit.

Nayda retains Olin, an attorney, on a contingency-fee basis to seek damages in a personal-injury suit against Price-Mor Stores Inc. Nayda does not win her case. She must pay

Olin's fee, and any other expenses related to the case.

Each court has a jurisdiction. Jurisdiction is best defined as

The authority of a court to hear a case and decide a specific action.

In response to a discovery request by Bakery LLC, the plaintiff in a pending suit against Cinnamon Rolls Inc., the defendant delays a response to gain time to alter some of the data. Subject to possible sanctions, this is

a brief.

Ove files a suit against Po, claiming that the defendant failed to pay for goods shipped in response to an alleged e-mail order. Po denies the charge. If the e-mail order exists, it is

a deposition. discovery (not)

Fitch files a suit in a state court against Gas Stop, claiming employment discrimination. Gas Stop loses the suit and appeals. After the state's highest court's review of Fitch v. Gas Stop, either party can appeal the decision to the United States Supreme Court if

a federal question is involved.

Storage Facilities Inc. files a suit in a state court against TransShip LLC, seeking allegedly unpaid rent for a warehouse. TransShip losses the suit and decides to appeal. TransShip's attorney must file, with the clerk of the trial court, within a prescribed period of time

a formal refusal to abide by the verdict. the judgment order from which the appeal is taken. (not)

In Lake Company's suit against Marina Inc., the jury returns a verdict in the plaintiff's favor. The defendant files a motion stating that even if the evidence is viewed in the light most favorable to the plaintiff, a reasonable jury should not have found in its favor. This is a motion for

a judgment as a matter of law. a new trial. (not)

Bey files a suit against Cruises Inc. The defendant wants to respond that it appears from the pleadings the parties do not dispute the facts, that the only question is how the law applies to those facts, and that this response can be supported with witnesses' sworn statements. Cruises should file

a motion for judgment on the pleadings. a counterclaim. (not)

In a suit by Fuel Products Corporation against Gears Inc., the jury returns a verdict in the plaintiff's favor. The defendant files a motion asking the judge to set aside the verdict and begin new proceedings. This is a motion for

a new trial.

Suite Properties files a suit in a state court against Tower Offices. At the conclusion of the plaintiff's case, the defendant files a motion asking the judge to direct a verdict in its favor on the ground that the plaintiff presented no evidence to support its claim. This is a motion for

a new trial. judgment n.o.v. (not)

In deciding a case of first impression, appropriate sources for a court to consider include all of the following except

a poll of those present in the courtroom at the time of the decision.

A dispute between two cheese makers—Cheddar Creamery Company and Deli Dairy Inc.—falls under a state statute on unfair trade practices. The application of this law to these parties must be determined by

a trial court. (not)

Book Stop, a bookstore in Capital City, sells publications that criticize government actions and policies. The city enacts an ordinance prohibiting the sale of such materials in the interest of preserving public tranquility. This ordinance is most likely

a violation of corporations' rights to certain privileges. constitutional under the First Amendment. (not)

Administrative law includes

all laws that affect business operations. (not)

In Peyton v. Quality Motors, a state supreme court held that a minor could cancel a contract for the sale of a car. Now a trial court in the same state is deciding Rikki v. Street Deals, Inc., a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to

allow the minor to cancel the contract.

The Uniform Commercial Code facilitates commerce

among the states.

Federico and Gwen are involved in a court proceeding to enforce a right. This is

an action.

Dig LLC files a suit in a state court against Excavate Inc., claiming that the defendant leased and failed to return a bulldozer. The case proceeds to trial, after which the court renders a verdict. Excavate appeals to, and files a brief with, a state appellate court. Dig's attorney may file within a prescribed period of time

an advisory interrogatory. (not)

Ginny and Haruto present their case to an Idaho state court for resolution. The court defers to a different Idaho court's findings of fact in the case, and focuses on the application and interpretation of the law to the dispute. The court currently deciding Ginny and Haruto's dispute is

an appellate court.

Utah enacts a statute to ban advertising in "bad taste." Most likely, a court would hold this statute to be

an unconstitutional restriction of speech.

Congress enacts the Ad Restriction Act (ARA) to limit advertising in certain circumstances. The ARA will be considered valid if it directly advances a substantial government interest

and goes no further than necessary to achieve its objective.

Power, Inc., is a corporation engaged in the business of producing, refining, and distributing energy resources. With respect to the firm's managers, legal concepts can be useful for Power's

answer: all of the choices 1.marketing manager. 2.accounting and finance manager. 3.human resources manager.

In the pretrial phase of litigation between Frozen Foods Company and Gourmet Kitchens Inc., the plaintiff directs to an interrogatory to the defendant. In Gourmet's response, the defendant in good faith can

attempt to refute any asserted claim. deluge the plaintiff with data. (not)

Loni files a civil suit against Meme's Bridal Shop, seeking to recover the amount of a refund for an undelivered wedding dress. To succeed, the plaintiff must prove her case

by a preponderance of the evidence.

Primary sources of law include

case law.

The classification of law that concerns the rights and duties that exist between persons and between citizens and their government is

civil law.

The Uniform Commercial Code provides a set of rules governing

commercial transactions.

Metro City enacts an ordinance that bans the use of "sound amplifying systems" on public streets. Niles wants to campaign for a seat on the city council by broadcasting his message through speakers mounted on a truck. In Niles's suit against the city, a court would likely hold the ordinance to be

constitutional under the First Amendment.

Mind Games Inc. markets a variety of shooting, fighting, and hunting video games. A state statue is enacted to require all game makers to label any games with an option to kill something as "excessively violent." A court would likely hold this regulation to be

constitutional under the First Amendment. justified by the need to protect individual rights. (not)

Centre City enacts an ordinance that bans the distribution of all printed materials on city streets. Diners Café opposes the city's latest "revenue-enhancing" measure—a tax on prepared food sales—and wants to protest by distributing handbills. In Diners' suit against the city, a court would likely hold the ban on printed materials to be

constitutional under the First Amendment. unconstitutional under the commerce clause. (not)

River City enacts an ordinance that prohibits all advertising on the sides of trucks. A court would likely review this ordinance under the principles of

due process

In Roadwork Company's suit against Street Fronts Inc., the jury returns a verdict in the plaintiff's favor. Roadwork will now most likely ask the court to

enter a judgment in accordance with the verdict.

To reduce traffic, Market Town enacts an ordinance that allows only a few specific street vendors to operate in certain areas. A court would likely review this ordinance under the principles of

equal protection. (mandates that state governments treat similarly situated individuals in a similar manner.)

Under the U.S. Constitution, Congress has the power to regulate

every commercial enterprise in the United States.

A choice-of-law clause permits a party to choose which nation's law to apply to a dispute arising under an international contract.

false

A corporation's compliance with the laws of any jurisdiction in which it does business is complicated by the fact that those laws can be very different.

false

A court should overturn its precedents unless there is a compelling reason not to.

false

A court's review of an arbitrator's decision is the same in scope as an appellate court's review of a trial court's decision.

false

A default judgment is a judgment entered by a court in a case in which neither party prevails.

false

A federal statute applies only to those states that agree to apply it within their borders.

false

A law based on a suspect trait will not stand under the equal protection clause even if it is necessary to promote a compelling government interest.

false

A party does not need to have legitimate grounds to appeal a trial court's decision. Group of answer choices

false

A prevailing party has no right to appeal a trial court's decision, even if, for example, the party receives a smaller monetary award than sought.

false

A request for admission can lengthen a trial because the parties have to take the time to prove facts on which they may already agree. Group of answer choices

false

A resident of one state, when in another state, can be denied the privileges and immunities of that state for any reason.

false

A state may not restrict certain kinds of advertising, even in the interest of preventing consumers from being misled.

false

Administrative law plays a relatively insignificant role in the regulatory environment of business.

false

An appellate court will not challenge a trial court's finding of fact, even if the finding is clearly erroneous.

false

Any court can exercise jurisdiction over any person.

false

Appellate courts have no discretionary power to reject an appeal—appellate courts must accept all appeals. Group of answer choices

false

Attempts to settle a case must be concluded before the litigation process begins.

false

Because courts of law and equity have merged, the principles of equity are no longer applied.

false

Because the Internet is international in scope, no party to an online dispute resolution proceeding can appeal to a court at any time.

false

Before a trial begins, the jury renders a preliminary verdict to indicate to the attorneys what they must attempt to prove during the course of the trial. Group of answer choices

false

Civil law has to do with wrongs committed against society for which society demands redress.

false

Compartmentalizing the law into discrete topics indicates that each business transaction is subject to only one specific area of the law.

false

Courts will not grant an equitable remedy unless the remedy at law is adequate.

false

Discovery is the process of serving a summons and a copy of a complaint on a defendant.

false

Doing business within a jurisdiction is not enough for most courts to compel a defendant to appear.

false

Equal protection means that the government must treat all individuals the same.

false

Failing to strictly follow the procedural rules and standards for determining disputes in courts is not likely to affect the outcome in a particular case.

false

Federal agency regulations do not take precedence over conflicting state regulations.

false

For purposes of diversity jurisdiction, a corporation is not considered a citizen of any particular state.

false

If a restriction imposed on speech by the government is content neutral, then a court will not allow it.

false

If an appellate court affirms a jury's finding on one issue, the court cannot remand the case for further proceedings on another issue.

false

In a case based on diversity of citizenship, a federal court will apply to the dispute the law of all of the jurisdictions of the parties.

false

In a case involving Internet transactions, jurisdiction is proper only when the defendant conducts substantial business in the jurisdiction online.

false

In situations involving fundamental rights, a law that rationally relates to a legitimate government end will be struck down.

false

In some jurisdictions, defendants who agree to waive formal service of process receive a reduction in the amount of an ultimate finding of liability.

false

In the American governmental system, applying the laws to specific situations is the essential role of Congress.

false

Judicial review is the process through which Congress approves or rejects judicial appointments.

false

Jurisdiction refers to the right of a citizen to bring a case before a court.

false

Misconduct by the participants in a trial can cause the judge to grant a motion for a new trial.

false

Most states encourage or require parties to undertake a trial before alternative dispute resolution.

false

Negotiation requires the use of a neutral third party to facilitate a settlement.

false

Nonverbal expression of belief is not a constitutionally protected form of expression.

false

Only Congress may pass a law in conflict with the Constitution.

false

Only the United States Supreme Court exercises the power of judicial review.

false

Privacy rights receive no protection under federal law.

false

Procedural due process focuses on the content of legislation.

false

State governments do not have any authority to regulate interstate commerce.

false

Substantive due process requires that a person have an opportunity to object to a proposed action before a fair, neutral decision maker.

false

The Fifth Amendment allows persons to be deprived of property without due process of law.

false

The commerce clause has had no greater impact on business than any other provision in the Constitution.

false

The commerce clause has never been held to support the federal regulation of noncommercial activities that take place wholly within a state's borders.

false

The free exercise clause prohibits the government from passing laws that have any impact on religion.

false

The uncertainties of the litigation process are lessened by the fact that any judgment will be enforceable.

false

There are no international conventions or treaties to assist in the enforcement of arbitration clauses because their enforcement is a national domain.

false

There is one right answer to every legal question.

false

To meet the standard of proof of preponderance of the evidence, a party must prove its case beyond a reasonable doubt.

false

To use arbitration as a method of dispute resolution, the parties must agree to arbitrate any dispute before it arises.

false

Under the privileges and immunities clause, the federal government has the power to regulate commercial activities among the states.

false

When there is a direct conflict between a federal law and a state law, both laws are rendered invalid.

false

Without a jury, there is no one to determine the truth of the facts alleged in a case.

false

A case of first impression is any legal authority or source of law that a court may look to for guidance but need not follow when making its decision.

false The definition being use is persuasive authority

The U.S. Constitution divides powers among four branches of government.

false. 3 branches (legislative/executive/judicial)

Rory, the chief executive officer of Spout Off Inc., a website for short rants, claims that certain state and federal government actions infringe on rights guaranteed by the Bill of Rights. Most of these guarantees have been held to limit

federal and state actions.

In a case based on diversity of citizenship, a court will apply

federal common law. the law that produces the most equitable result. (not)

A trial court's capacity to directly observe witnesses' gestures, demeanor, and other nonverbal behavior supports the decision of an appellate court to

focus on what really happened in regard to the dispute. apply the trial court's interpretation of the law in the case. (not)

Hobbes, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jules, a resident of Kentucky. Jules files a suit against Hobbes in Indiana. Regarding this suit, Indiana has

in personam jurisdiction. federal jurisdiction. (not)

Recreation Corporation files a suit against Spring Break Tours Inc. and seeks to examine certain documents in the defendant's possession. A legitimate reason for this examination is that the documents contain

information that is relevant to the case.

Tabulated Data Inc. files a suit against the United States, challenging a congressional enactment mandating that employers pay their employees' student loans. The process by which the court decides this issue is

judicial review. (The process by which courts decide on the constitutionality of legislative enactments and actions of the executive branch.)

Believing that a higher, or universal, law exists that applies to all human beings, and that each written law should reflect the principles inherent in this higher law, is

legal positivism. legal realism. (not)

Secondary sources of law include

legal scholars' research.

A constitution sets forth a government's

limits and powers.

Jill and Kane, with their attorneys, meet to try to resolve a dispute. A neutral third party works with both sides and proposes a solution, but does not make a decision resolving the matter. This is

mediation.

Petro Ltd. files a suit in a state court against Quality Gas. Before the trial, Petro requests from Quality relevant information stored electronically. In contrast to traditional discovery, this request can legitimately reveal

metadata.

Liz and Moss disagree over the amount due under their contract. To avoid involving a third party in the resolution of their dispute, Liz and Moss could resolve their dispute through

negotiation.

State trial courts that are called county, district, superior, or circuit courts are most likely to have

no jurisdiction.

Kari and Lillian, who are citizens of Mississippi, are involved in a case related to the adoption of their child. Over this case, Mississippi state courts have Group of answer choices

no jurisdiction. (not)

The Florida legislature enacts a state law that violates the U.S. Constitution. This law can be enforced by

no one.

Under the First Amendment, in comparison with commercial speech, the protection given obscene speech is

non-existent.

Bryan creates a website to post threatening messages about celebrities. Under the First Amendment, these messages are most likely protected

none of the time.

Pat stands in front of Rogue's Tavern, shouting "fighting words" that are likely to incite Rogue's patrons to respond violently. The First Amendment protects such speech

none of the time.

Franco files a suit in a federal district court against Greta. Franco loses the suit, appeals to the U.S. Court of Appeals for the Ninth Circuit, and loses again. Franco asks the United States Supreme Court to hear the case. The Court is

not required to hear the case.

In a civil case, the object is to

obtain a remedy to compensate the injured party.

During the trial of a suit concerning liability for an accident involving Cartage Ltd. and Docking Inc., the plaintiff's attorney presents evidence from Emma, a commercial accident reconstruction specialist. With respect to the evidence in the case that falls within Emma's field, she can

offer her opinions and conclusions

an injunction is

order to cease engaging in a specific activity or to undo some wrong or injury.

The state of Florida can regulate building contractors and building codes in the state under its

police powers.

Mia claims that a North Carolina state statute infringes on her "procedural due process" rights. This claim focuses on

procedures used in making decisions to take life, liberty, or property.

Jared claims that a Kentucky state statute infringes on his "substantive due process" rights. This claim focuses on

procedures used to make decisions to take life, liberty, or property. the treatment of similarly situated individuals. (not)

Dom burns a U.S. flag in his backyard. He films the activity and posts the video on YouTube.com. Dom's conduct is most likely

protected by the First Amendment.

Pharma Corporation expresses opinions on political issues through its financial contributions to political action committees and other groups. Under the First Amendment, Pharma's "expression" is most likely

protected.

The members of Climate Action believe that a recently enacted federal law is unconstitutional. They write and sign a petition to the government to repeal the law, refuse to obey it, and stop others from complying with it. Under the First Amendment, these individuals have a right to

refuse to obey any law with which they disagree. (not)

Marin files a suit against Nagle over payment due on a lease of grazing land. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. After its review of Marin v. Nagle, the appellate court upholds the lower court's verdict. The appellate court has

reversed the case. remanded the case. (not)

Rock Quarry Inc. and Serene Vineyards agree to resolve a dispute in arbitration. The arbitrator meets with the quarry's representative to discuss the matter without the vineyard's representative being present. If this substantially prejudices the grape grower's rights, a court will most likely

set aside any award.

Two businesses—Berry Farms LLC and Canned Jams Inc.—dispute the quality of goods delivered by the seller and the price agreed to by the buyer. With regard to this dispute, the two parties can

settle it between themselves. (not)

Steel Mill Inc. makes steel forms of substandard quality. Tower Building Company has never bought or used a Steel Mill form, but files a suit against the firm, alleging that its products are defective. The defendant's best ground for dismissal of the suit is that the plaintiff does not have

standing to sue.

Generally, given the broad language of the Constitution, the line between state and national powers is often determined by

the President. (not)

The basis of all law in the United States is

the U.S. Constitution.

A mandatory arbitration clause in an employment contract may not be enforced if

the arbitration rules and procedures are unfair to one of the parties.

Ty, a citizen of Utah, files a suit in a Utah state court against Vancouver Sales Corporation, a Washington state company that does business in Utah. The court has original jurisdiction, which means that

the case is being heard for the first time.

The federal government has the power to regulate commercial activities among the states under

the commerce clause.

Carly files a complaint against Delivery Corporation, charging that she has not been paid and wants to recover the unpaid amount, plus interest. The complaint and a summons will most likely be served on

the corporation's registered agent.

Ovid wants to file a suit against Petra. For a court to hear the case,

the court must have jurisdiction.

Kansas enacts a law requiring all businesses in the state to donate 10 percent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level. Lo-Price Stores files a suit to block the law's enforcement. The court would likely hold that this law violates

the establishment clause.

A statute enacted by the Wyoming state legislature to regulate trucking affects interstate commerce. In evaluating this statute, the courts will weigh the burden that it imposes on interstate commerce against

the federal government's authority to regulate the matter. the statute's impact on noneconomic activity. (not)

Radiant Supply wants to initiate a suit against Solar Power LLC by filing a complaint. The complaint should include a statement of the facts necessary to show that

the plaintiff is legally entitled to a remedy.

The 1803 decision of the United States Supreme Court in the case of Marbury v. Madison established

the power of judicial review.

The term checks and balances refers to the system under which

the powers of government are divided among its branches, each of which exercises a check on the actions of the others.

A court's subject-matter jurisdiction may be limited by all of the following except

the prior experience of the court in deciding similar disputes.

Fresh Seafood Inc. and Grocers Market LLC dispute a term in their contract. Because the parties have a long-standing business relationship that they would like to continue, they could settle their dispute through mediation because

the process is not as adversarial as litigation.

On a challenge to a provision in a state constitution that conflicts with a provision in the U.S. Constitution

the state provision will not be enforced.

Maris files a suit against Ngu in a state court over an employment contract. The case proceeds to trial, after which the court renders a verdict. The case is appealed to the state's highest court. After that court's review of Maris v. Ngu, a party can appeal the decision to the United States Supreme Court if

the state trial and appellate court rulings are different. settle it between themselves. (not)

A federal form of government is one in which the national government shares sovereign power with

the states

Under the U.S. Constitution, the federal government has the power to regulate commercial activities among the states. This grant implies that the regulation of such activities is not within the authority of

the states

NatGas Corporation obtains a federal license to operate a gas pipeline through a certain area of Oregon. The Oregon state legislature enacts a law that bans gas pipelines in that area. Most likely, the state law violates

the supremacy clause (provides that the Constitution, laws, and treaties of the United States are "the supreme Law of the Land.)

Federal regulations concerning medical devices directly conflict with a certain state law. Under the U.S. Constitution, which law takes precedence is determined by

the supremacy clause.

The United States Supreme Court has held that a mandatory arbitration clause in an employment contract is generally enforceable because in agreeing to the clause, the parties waived

their right to sue.

A defendant's motion for a directed verdict, if granted by the court, can end a trial before the defendant presents witnesses.

true

A deposition can be used to impeach a party or witness who changes his or her testimony at trial.

true

A federal court will apply federal law in a case involving a federal question.

true

A law that that limits a fundamental right may be held to violate substantive due process.

true

A local ordinance commonly has to do with a matter concerning only a local governing unit.

true

A motion for summary judgment can assert that the plaintiff failed to state a claim for which the court can grant relief.

true

A motion to dismiss asserts that a claim has no basis in law.

true

A question of law is generally the focus of an appellate court.

true

Arbitration differs from other forms of alternative dispute resolution in that a third party hearing a dispute makes a decision for the parties.

true

Because the Internet is international in scope, it raises international jurisdictional issues.

true

Because the courts have defined interstate commerce broadly, arbitration agreements only slightly connected to interstate commerce may be enforced.

true

Before a lawsuit is initiated, a plaintiff should consider whether the defendant is able to pay the damages sought.

true

Congress or a state legislature establishes an administrative agency to perform a specific function.

true

Controlling precedents are binding authorities.

true

Corporations enjoy many of the same rights and privileges as natural persons do.

true

Courts often refer to secondary sources of law for guidance in interpreting and applying a primary source of law.

true

Electronic discovery can reveal significant facts that are not discoverable by other means.

true

In the United States, the law consists of written laws and court decisions.

true

International law derives from a variety of sources, including the laws of individual nations.

true

Laws would have no discernible meaning without the courts to interpret them.

true

Multinational corporations agreeing to resolve a dispute through a formal hearing before a panel of experts is a method of alternative dispute resolution.

true

Often, more than one rule of law will be applicable to a case.

true

Only if a state legislature adopts a uniform law does that law become part of the statutory law of that state.

true

Parties to international business transactions should include certain clauses, including arbitration clauses, in their contracts to avoid added complexity in related legal proceedings.

true

Political speech by corporations falls within the protection of the First Amendment.

true

Preemption occurs when Congress chooses to act exclusively on a subject over which the federal government shares power with the states.

true

Rescission is the cancellation of a contractual obligation.

true

Rules issued by administrative agencies affect almost every aspect of a business's operations.

true

Sanctions for spoliation of e-evidence can include the entire cost for restorative recovery efforts.

true

State regulatory powers are often referred to as police powers.

true

That a favorable court decision will be likely to remedy an injury is an element of standing.

true

The United States Supreme Court has held that a constitutional right to privacy is implied by several of the amendments in the Bill of Rights.

true

The amount of business a corporation does within a state can serve to subject or exempt the firm from that state's jurisdiction.

true

The basis of a civil law system is a written code of laws.

true

The common law is a body of law developed from judicial decisions.

true

The effect of the minimum-contacts standard is that a business firm has to comply with the laws of any jurisdiction in which it targets customers.

true

The first ten amendments to the U.S. Constitution are commonly known as the Bill of Rights.

true

The legal rules that control a business's actions reflect past and current thinking about how similar businesses should and should not act.

true

The national government has the implied power to undertake actions necessary to carry out its expressly designated powers.

true

The system of checks and balances in the U.S. Constitution allows each branch of government to limit the actions of the other branches.

true

Under a state long-arm statute, a court can exercise jurisdiction only over certain nonresident defendants.

true

Under the Ninth Amendment, people have rights in addition to those specified in the Constitution.

true

When concurrent jurisdiction exists, the decision of whether to litigate in a federal or state court can be affected by the availability of different remedies.

true

When religious practices work against public policy, the government can act.

true

Criminal statutes proscribe

wrongs committed against society for which society demands redress.