business Law Ch. 1 and 2

Rights guaranteed in the United States Constitution: Cannot be taken away by statutes or court decisions. Can be taken away by statutes. Can be taken away by court decisions. Can be taken away by local ordinances.

Cannot be taken away by statutes or court decisions.

​Which of the following is not an example of limited or special jurisdiction court? Probate court ​Juvenile court ​Domestic Relations court ​Court of original jurisdiction

Court of original jurisdiction.

​The right to be secure against unreasonable searches and seizures conducted by the police is guaranteed by the Fifth Amendment of the U.S. Constitution T/F

False

​To initiate a lawsuit, both parties must appear in person and state their claims and defenses in court. T/F

False

The authority of a court to decide certain types of cases is called jurisdicition.

True

The common law are court-enforced unwritten principles originally based on the usages and customs of the community. T/F

True

The federal court system consists of three levels. T/F

True

When arbitration is mandatory under a statute, the losing party generally can appeal from such arbitration to a court.

True

​A court that can only hear disputes involving damages of $5,000 or less has a limited jurisdiction. T/F

True

​Equity provides justice when the law is inadequate. T/F

True

​Generally, the prevailing party in a lawsuit is awarded the costs of the action, including witness fees and jury fees. T/F

True

​Procedural law specifies the steps that must be followed in enforcing those rights and liabilities. T/F

True

​In mediation, the mediator acts as a(n): ​judge. ​attorney. messenger. ​expert witness.

messenger

When a defendant files a(n) _________ he is attacking the plaintiff's pleading as not stating a cause of action or defense. ​counterclaim. motion to dismiss. ​motion for summary judgment. ​notice of service

motion to dismiss.

The person who initiates a civil lawsuit is called the: defendant prosecutor plaintiff judge

plaintiff

Law consists of: principles that governn conduct. mere guidelines. arbitray rules. traditions.

principles that governn conduct.

​A good example of a uniform state law would be: ​statutory law. ​case law. ​constitutional law the Uniform Commercial Code

the Uniform Commercial Code.

​A court is a tribunal established by: the parties to a lawsuit. the government. ​the parties to a contract. ​the will of the people.

the government

Original jurisdiction courts are generally supreme courts appellate courts trial courts limited courts

trial courts

​The Uniform Partnership Act is a good example of a(n): Congressional statute. ​substantive law. ​uniform state law. ​procedural law.

uniform state law.

​The law could best be described as: ​only statutory in nature. only the creation of our courts. ​a collection or bundle of rights. ​a bundle of political choices.

​a collection or bundle of rights.

​The types of civil cases that a private citizen can file in federal district courts include: Cases in which any state in the United States is one of the parties. Cases between citizens of different states that involve damages of $75,000 or more. ​Cases brought by the citizen of one state against the state government of the same state. ​Criminal charges against a state representative.

​cases between citizens of different states that involve damages of $75,000 or more

Within each state in the United States, only the U.S. Constitution is in force. T/F

False

​A right is an obligation of law imposed on a person to perform or refrain from performing a certain act. T/F

False

​All courts have general jurisdiction. T/F

False

​If questions of fact are involved, a judge will usually decide the case based on the pleadings alone. T/F

False

​Procedural law creates legal rights and duties. T/F

False

​Rights always stand alone, without any duties. T/F

False

​State supreme courts generally hear all cases appealed to them. T/F

False

The U.S. Constitution provides that we have a right to be free from unreasonble intrusions by others.

True

Arbitration procedures occur in a court of law. T/F

False

Civil laws define wrongs against society.

False

Courts have increasingly set aside arbitration clauses involving small businesses or consumers.

False

Statutory law includes U.S. Supreme Court opinions. T/F

False

If a case has no material facts in dispute either party can file a(n) _________ and allow a judge to make a ruling as a matter of law. motion to dismiss ​counterclaim ​demurrer Motion for summary judgment

Motion for summary judgment

All cities, counties, and other governmental subdivisions have basic powers to adopt ordinances, such as traffic and zoning laws, within their sphere of operation. T/F

True

Law is often defined as the body of principles that courts or administrative agencies will enforce. T/F

True

The right of privacy means that individuals Cannot gossip about each other cannot be lawfully seached can yell "fire" in a crowded theater are protected against intrusions by others

are protected against intrusions by others

​The right of privacy consists of: ​the right to be secure against unreasonable searches by the government only. ​the right to protection against intrusions by others only. both the right to be secure against unreasonable searches by the government and the right to protection against intrusions by others. ​the right to be secure against warrantless searches only.

both the right to be secure against unreasonable searches by the government and the right to protection against intrusions by others.

Service of process refers to: a demand letter sent by the plantiff to the defendent a reply sent to the plaintiff by the defendent. giving the defendant proper notice that a legal action is pending a record of the court's preliminary hearing.

giving the defendant proper notice that a legal action is pending