BUS 160 Assignment 1

T/F: A court of appeals re-hears all of the evidence introduced at trial.​

False

T/F: A key to avoiding business disputes is to go ahead without thinking ahead.​

False

T/F: A motion for a new trial will be granted only if the trial judge feels that it is appropriate to grant a judgment for the other side.

False

T/F: Administrative law is a source of American law that consists of statutes.​

False

T/F: Arbitration that is mandated by a court is often binding on the parties.​

False

T/F: Concurrent jurisdiction exists when only state courts have the power to hear a particular case.​

False

T/F: Most online dispute resolution services apply international principles promulgated by the United Nations to resolve disputes.​

False

T/F: Only a defendant can file a motion to dismiss.

False

T/F: The Fifth Amendment prohibits unreasonable searches and seizures of persons or property.​

False

T/F: The First Amendment protects even speech that violates criminal laws.

False

T/F: The U.S. Constitution reserves to the federal government all powers not granted to the states.

False

T/F: The term police power encompasses just the enforcement of criminal laws.​

False

T/F: There is one uniform set of rules of procedure for all courts.​

False

T/F: When all the judges (or justices) agree on a decision, a majority opinion is written for the entire court.​

False

T/F:Criminal acts are prohibited only by federal government statutes.

False

T/F: An answer can deny the allegations made in a complaint.

True

T/F: Discovery is the process of obtaining information from an opposing party before trial.

True

T/F: Remedies in equity include specific performance.

True

T/F: The First Amendment prevents limits from being placed on independent political expenditures by corporations.​

True

T/F: The courts, in interpreting statutory law, may rely on sources outside of the statute (such as common law precedents) as a guide to what the legislators intended.

True

T/F: The judicial branch has the power to hold actions of the other branches of government unconstitutional.

True

T/F: The minimum-contacts requirement is usually met if a corporation advertises or sells its products within a state.

True

T/F: Trials courts conduct trials.

True

Oklahoma 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. Price-Lo Stores files a suit to block the law's enforcement. The court would likely hold that this law violates​ a. the establishment clause. b. the free exercise clause. c. no clause in the U.S. Constitution. d. the supremacy clause.

a. the establishment clause

Farmers Pantry Products Inc. and Market Grocers LLC dispute a term in their contract. If Farmers Pantry and Market Grocers have a long-standing business relationship that they would like to continue, they may prefer to settle their dispute through mediation because​ a. the process is not as adversarial. b. the resolution of the dispute will be decided an expert. c. the case will be heard by a jury. d. the dispute will eventually go to trial.

a. the process is not as adversarial

A federal law prohibiting the use of a certain pesticide directly conflicts with a state law permitting that use. The state law will be rendered invalid due to​ a. the supremacy clause. b. the commerce clause. c. the due process clause. d. the equal protection clause

a. the supremacy clause

Mountain States Trucking wants to initiate a suit against Open Pit Mining Corporation by filing a complaint. The complaint should include a statement alleging the facts establishing​ a. a motion for summary judgment. b. Mountain's basis for relief. c. an explanation to refute any defense Open Pit might assert. d. a motion to dismiss.

b. Mountain's basis for relief

Serene City enacts an ordinance that bans the use of "sound amplifying systems" on public streets. Tyler wants to campaign for a seat on the city council by broadcasting his message through speakers mounted on a truck. In Tyler's suit against the city, a court would likely hold the ordinance to be​ a. an unconstitutional restriction of speech. b. constitutional under the First Amendment. c. necessary to protect national interests. d. justified by the need to protect individual rights.

b. constitutional under the First Amendment

The Constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that​ a. Congress writes checks and the other branches balance the budget. b. each branch has some power to limit the actions of the others. c. the president "checks" the courts, which "balance" the laws. d. the courts balance their authority to the other branches' checklists.

b. each branch has some power to limit the actions of the others.

Dawn files a suit in a state court against Entrée Enterprises Inc., alleging the breach of an employment contract. After a final determination in the case of Dawn v. Entrée Enterprises Inc. in favor of Dawn, the judgment will be satisfied​ a. if Entrée proves that it is unable to pay the judgment. b. if Entrée pays the judgment. c. all of the choices. d. ​if Dawn has sufficient assets to cover the amount of damages sought.

b. if Entree pays the judgment

Marie claims that a Nebraska state statute infringes on her "procedural due process" rights. This claim focuses on​ a. the similarity of the treatment of similarly situated individuals. b. procedures used in making decisions to take life, liberty, or property. c. the content of the statute. d. the steps to be taken to protect Marie's privacy.

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

Service Employees International Union and Timberline Products, Inc., have their dispute resolved in arbitration. The arbitrator arbitrates issues that the parties did not agree to submit to arbitration. This is a ground for a court to​ a. review the sufficiency of the evidence. b. set aside the award. c. review the merits of the dispute. d. none of the choices.

b. set aside the award

Congress enacts a statute, the Federal Deposit Insurance Corporation (an administrative agency) issues rules, the Southeast Financial Institutions Association (a private organization) issues instructions, South Valley Bank posts a memo with orders for its employees, and Tina tells her co-worker about a recent news story. Sources of law include a. the instructions issued by private associations. b. the rules issued by federal administrative agencies. c. the stories released by news agencies. d. the orders posted by employers.

b. the rules issued by federal administrative agencies

A statute enacted by the Arizona state legislature to regulate trucking affects interstate commerce. In evaluating this statute, the courts will balance the burden that it imposes on interstate commerce against: a. the purpose of interstate commerce. b. the state's interest in regulating the matter. c. the statute's impact on noneconomic activity. d. the courts' authority to determine that a law is unconstitutional.

b. the state's interest in regulating the matter

Kevin is a judge hearing the case of Local Dispatch Co. v. National Transport Corp. Applying the relevant rule of law to the facts of the case requires Kevin to find previously decided cases that, in relation to the case under consideration, are​ a. exactly identical. b. at odds. c. as similar as possible. d. as different as possible.

c. as similar as possible

Lacey files a civil suit against Mischa. To succeed, Lacey must prove her case​ a. beyond a reasonable doubt. b. to the extent promised in her attorney's opening statement. c. by a preponderance of the evidence. d. through a scintilla of evidence.

c. by a preponderance of the evidence

To resolve a dispute in nonbinding arbitration, Alyson in Baltimore and Chuck in Denver utilize E-Resolve, an online dispute resolution (ODR) service. This limits these parties' recourse to the courts​ a. with respect to any dispute arising between them. b. until the ODR service has issued a decision. c. not at all. d. with respect to this dispute only.

c. not at all

David, an Alabama resident, files suit in an Alabama court against QuickAds, an internet company based in Georgia that provides advertising services. QuickAds' only contact with persons in Alabama has been through QuickAds' passive advertising. The Alabama court is a. likely to refer the case to a higher district court. b. likely to have jurisdiction if the claim David brings is based on QuickAds' advertising scheme in Alabama. c. not likely to have jurisdiction over the case because QuickAds is based in Georgia, and only passively advertises in Alabama. d. likely to refer the case to an appellate court.

c. not likely to have jurisdiction over the case because QuickAds is based in Georgia, and only passively advertises in Alabama.

There are no precedents on which the court deciding the case Standard Resource Co. v. Topline Inventory, Inc., can base its decision. The court can consider, among other things,​ a. ​the opinions of the friends and relatives of the judge. b. the results of a poll of those in the courtroom. c. public policy or social values. d. none of the choices.

c. public policy or social values

Mediocrité, Inc., makes and sells goods that are substandard. Naomi, who has never bought or used a Mediocrité item, files a suit against the firm, alleging that its products are defective. The company's best ground for dismissal of the suit is that Naomi does not have​ a. ​jurisdiction. b. certiorari. c. standing. d. sufficient minimum contacts.

c. standing

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​ a. ​the answer. b. the complaint. c. the summons. d. the writ of certiorari.

c. the summons

Quest Inc., a U.S. firm, and Real Treks, Ltd., a Canadian firm, enter into a contract that does not have a forum-selection or choice-of-law clause. Litigation between Quest and Real Treks involving this contract may occur in​ a. Canada or the United States, but not both. b. an international, United Nations tribunal only. c. an online forum only. d. Canada, the United States, or both.

d. Canada, the US, or both

Faye files a suit in a state court against Gas Station Stop, claiming employment discrimination. Gas Station loses the suit and appeals. After the state's highest court's review of Faye v. Gas Station Stop, either party can appeal the decision to the United States Supreme Court if​ a. the state trial and appellate court rulings are different. b. a question of state law remains unresolved. c. ​the party is unsatisfied with the result. d. a federal question is involved.

d. a federal question is involved.

In a suit against Ethan, Francisco obtains an award of damages. This is​ a. the cancellation of a contract. b. an order to do or to refrain from doing a particular act. c. ​an order to perform what was promised. d. a payment of money or property as compensation.

d. a payment of money or property as compensation

The case of Max v. National Credit Co. is heard in a trial court. The case of O! Boy! Ice Cream Co. v. Pecan Corp. is heard in an appellate court. The difference between a trial and an appellate court is whether​ a. the subject matter of the case involves complex facts. b. the parties question how the law applies to their dispute. c. the court is appealing. d. a trial is being held.

d. a trial is being held

Under the commerce clause, Congress has the power to regulate​ a. only activities that are in local commerce. b. only activities that are not in commerce. c. only activities that are in intrastate commerce. d. any commercial activity in the United States that substantially affects interstate commerce.

d. any commercial activity in the United States tat substantially affects interstate commerce.

In Coastal Fishing Company's suit against Dockside Marina, Inc., the jury returns a verdict in Coastal's favor. Dockside files a motion stating that even if the evidence is viewed in the light most favorable to Coastal, a reasonable jury should not have found in its favor. This is a motion for​ a. a judgment in accordance with the verdict. b. a new trial. c. a judgment as a matter of law. d. ​judgment n.o.v.

d. judgement n.o.v

The North Carolina state legislature enacts a law that violates the U.S. Constitution. This law can be enforced by​ a. the federal government only. b. the United States Supreme Court only. c. the state of North Carolina only. d. no one.

d. no one

Sour Dough Inc. and The Bread Company agree to a contract that includes an arbitration clause. If a dispute arises, a court having jurisdiction may​ a. order an arbitrator to rule in a particular way. b. order a party to bring the dispute to court. c. monitor any arbitration until it concludes. d. order a party to submit to arbitration.

d. order a party to submit to arbitration

The Appellate Division of the New York Supreme Court issues an opinion that can be found at 137 A.D.3d 409, 26 N.Y.S.3d 66. "137" is​ a. the number of the case in a sequence decided by the court. b. ​a page number in the referenced volume. c. the number of the volume in Thomson Reuter's unofficial publication of the court's decisions. d. the number of the volume in the official reports of the court's decisions.

d. the number of the volume in the official reports of the court's decisions