Business Law Exam 1
Ula wants to initiate a suit against Valley Farms by filing a complaint. The complaint should include
A statement of the facts necessary to show Ula is entitled to relief
Holly is a state court judge. Ilsa appears in a case in Holly's court, claiming that Jim breached a contract. As in most state courts, Holly may
award damages, cancel a contract, or direct a party to do or not to do an act
remedies at law
awards of compensation
equity
branch of law founded on notions of justive and fair dealing that seeks to supply a remedy when no adequate remedy at law is available
In a suit against Sandy, Tyler obtains a remedy. in the US legal system, this remedy will most likely be
damages
As a judge, Jay applies common law rules. These rules develop from
decisions of the courts in legal disputes
Opal files a complaint in a suit against Phil, and he files an answer. The case may now be
dismissed or settled at this point
Edie files a suit against Frank. If this suit is like most cases, it will be
dismissed or settled before a trial
summons
document informing a defendant that a legal action has been commenced against him and that defendant must appears in court
Hua, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jac, a resident of Kentucky. Jac files a suit aginst Hua in Indiana. Regarding this suit, Indiana has
in rem jurisdiction
John is a judge. The function of John and other judges is to
interpret and apply the laws
in rem jurisdition
jurisdiction over a thing
motion for a new trial
motion asserting that the trial was so fundamentally flawed that a new trial is necessary to prevent a miscarriage of justive
motion for judgment on the pleadings
motion by either party to a lawsuit at the close of the pleadings requesting the court to decide the issue solely on the pleadings without proceeding to trial
motion for a judgment now
motion requesting the court to grant judgment in favor of the party making the motion on the ground that the jury verdict against him was unreasonable or erroneous
Sally and Tom disagree over the amount of money due under their contract. To avoid involving any third party in a resolution of the dispute, Sally and Tom might prefer to use the alternative dispute resolution method of
negotiation
The least expensive method to resolve the contact dispute between Java and kaffe may be
negotiation because no third parties are needed
Hawaii enacts a state law that violates the US Constituion. This law can be enforced by
no one
equal protection clause
no state will deny to any person within its jurisdiction the equal protection of the laws
Business Markets Coalition (BMC), a political lobbying group, wants a certain policy enacted into law. If BMC's policy conflicts with the US Constituion, a law embodying it can be enacted by
none of the choices
Boyd files a suit in a federal district court against Cathy. Cathy loses the suit, appeals to the US court of appeals for the second circuit, and loses again. Cathy asks the US Supreme Court to hear the case. The Court is
not required to hear the case
Indelible Fabrics Inc makes Jeans Denim a famous brand of clothing. Without IFI's concent, Kopy Company begins to use "jeansdenim" as part of a domain name. IFI files a suit against KC and engages in services of process. Service of process must provide
notice and an opportunity to respond
Transnational Corporation and UniShip agree to a contract that includes an arbitration clause. If a dispute arises, a court having jurisdiction may
order a party to submit to arbitration
writ of execution
order directing the sheriff to seize and sell the defendan't assets
injunction
order to a party to cease engaging in a specific activity or to undo some wrong or injury
specific performance
ordering a party to perform an agreement as promised
in personam jurisdiction
personal jurisdiction over any person or business that resides in a certain geographic area
no precedent means
persuasive authorities and/or public policy
The state of NY regulates private activities to protect or promote the public order, health, safety and general welfare under its
police powers
Myra claims that a Nebraska state statute infringes on her "procedural due process" rights. This claim focuses on
procedures used in making decisions to take life, liberty or property
free exercise clause
prohibits congress from making any law prohibiting the free exercise of religion
establishment clause
provision that prohibits congress from creating any law regarding an establishment of religion
During a sports event for East High School, Floyd, a senior, waves a sign that reads ""Methd Up" Gina, Easts principal, confiscates the sign and suspends Floyd from school for ten days. Under the principles discussed in ""A Sample Court Case", Morse vs Frederick, Gina most likely acted
reasonably in the circumstances and under the law
Opinions are collected and published in volumes called
reporters
In a suit against Clem, Dona obtains the cancellation of a contractual obligation. this is
rescission
appellate jurisdiction
secondary courts, after an appeal is made
limited jurisdiction
smaller issues like bankruptcy
remedies in equity
specific performance, injuction and rescission
Inferior Company sells products that are poorly made. Jock, who has never bought an Inferior product, files a suit against Inferior, alleging that its products are defective. The firms best ground for dismissal of the suit is that Jock does not have
standing
pleadings
statements made by the plaintiff and the defendant in a lawsuit that detail the facts, charges and defenses involved in the litigation
Wyoming enacts a statute that limits the liberty of all persons, including corporations, to broadcast "annoying" radio commercials. This may violate
substantive due process
River City enacts an ordinance that prohibits all churches from meeting within its city limits. This rule affects the resident's right to
substantive due process under the due process clauses
service of process
the delivery of the complaint and summons to a defendant
direct examination
the examination of a witness by the attorney who calls the witness to the stand to testify on behalf of the attorney's client
Uma, a citizen of Virginia, wants to enforce in Washington certain rights that she has under a contract with Xtra Services Company. A Washington state court is most likely to enforce such rights under
the full faith and credit clause
The Ohio state legislature passes a law to regulate local delivery services. The final authority regarding the constitutionality of this law is
the judicial system
Mary wins her suit against National Manufacturing Company. National's best ground for appeal is the trial court's interpretation of
the law that applied to the issues in the case
remedies
the legal means to enforce a right or redress a wrong
In an action against Elin, Frank obtains a remedy. This is
the legal means to recover a right or to redress a wrong
Net Corp files a suit against Omega alleging that Omega breached a contract to sell Net a computer system for $100,000. Net is
the plaintiff
complaint
the pleading made by a plaintiff alleging wrongdoing on the part of the defendant
Mike, an advocate of a certain religion, publishes an article in New Times magazine insisting that Congress base all federal law on his religions principles. The First Amendment guarentees Mike's freedom of
the press, speech and religion
Eli, a citizen of Florida, wants to obtain a business license in Georgia. The Georgia state legislature enacts a law that imposes a $2,000 license fee on nonresidents. Georgia residents pay $0. This most likely violates
the priveleges and immunities clause
If Java and Kaffe have a long standing business relationship that they would like to continue, a preferred method of settling their dispute may be mediation because
the process is not adversarial
Under Ohio's state constitution, the Ohio Enviro Protection Agency issues a new rule, the Polk County Commission approves a new preperty tax measure, and the professors and students at Ohio Law School publish the results of their most recent legal research. Sources of law do not include
the results of legal scholars'research
A federal statute regulates an employment practice. To resolve a dispute concerning the practice, Paula, a judge, will most likely apply
the statute
Alpha company files a suit against Beta Inc in a Colorado court with general jurisdiction. In a Deleware court with limited jurisdiction, ESales corp files a suit against First State Band. The difference between general and limited jurisdiction is
the subject matter of the cases that the courts can decide
Len, a citizen of Maryland, obtains a federal license to operate a commercial fishing boat in Chesepeake Bay. The Maryland state legislature enacts a law that bans all commercial fishing in the bay. The state law most likely violates
the supremacy clause
deposition
the testimony of a party to a lawsuit or a witness taken under oath before a trial
impeach
to challenge the credibility of a person's testimony or attempt to discredit a party or witness
The Motor Vehicle Insurance Association wants the federal government to spend money to build a new highway. Congress can spend revenues
to promote any objective that Congress deems worthwhile
Beachside City enacts an ordinance that bans the distribution of all printed materials on city streets. Carl opposes the city's latest revenue enhancing measure and wants to protest by distribting handbills. In his suit against the city, a court would likely hold the printed materials ban to be
unconstitutional under the First Amendment
SC enacts a statute to impose a prison term, without a trial, on all street vendors who operate in certain area. A court would likely hold this to be
unconstitutional under the due process clause
The police obtain a search warrant and search Dave's apartment. After yelling obscenities at the officers, Dave confesses to a crime and implicates his friends. The Constitution protects against
unreasonable searches only
concurrent jurisdiction
when both federal and state courts have the power to hear a case
exclusive jurisdiction
when cases can be tried only in federal courts or only in state courts
Dick submits his claim against EZ corp to fairsettle.com a private online dispute resolution forum. At any time, an appeal of the dispute to a court may be made by
Dick or EZ
In Ed's suit against First National Bank, the discovery phase would include all of the following EXCEPT
Ed's complaint
The Bill of Rights confers absolute rights, not subject to interpretation by the US Supreme Court
False
The Constituion expressly excludes state regulation of commerce
False
The US Supreme Court has appellate authority over all cases decided in the state courts
False
The basis for the US legal system is natural law
False
The federal equivalent of a state trial court is a US court of appeals
False
The federal government retains all powers not specifically delegated to the states
False
The taxing and spending clause of the US Constituion has had a greater impact on business than any other clause in the Constitution
False
The terms "substantive due process" and "equal protection" mean the same thing
False
There is a specific guarentee of a right to privacy in the constitution
False
US Courts utilize the conciliatory system of justice
False
Under their police powers, states can regulate only public activities, such as political demonstrations
False
Uniform laws apply in all states, including those in which the laws have not been adopted
False
Venue is the term for the subject matter of a case
False
Voir dire is a process for presenting evidence in a case
False
Whether a law is constitutional depends on its source
False
Whether the federal government has preempted a certain area is always clear
False
Milo files a suit against Nik in an Ohio state court, noting that Nik operates a Web site through which Ohio residents have done substantial business with him. The court is most likely to exercise jurisdiction over Nik if Milo's claim arises from
Nik's web site activities
The Securities Exchange Commission is an administrative agency. The chief purpose of such agencies is to
Perform specific government functions
In Export Co v Imports there is no precedent on which the court can base a decision. The court can consider, among other things
Public policy or social values
The Federal Trade Commission is a government agency that issues rules, orders and decisions. The Georgia state legislature enacts statutes. The Jackson County Board and the Peach City Council enacts ordinances. Administrative law includes
The rules, orders, and decisions of the Federal Trade Commission
A brief includes a statement of the applicable law in a case
True
A case is remanded when it is sent back for further proceedings to the court that originally heart the case
True
A defendant is a person against whom a lawsuit it brought
True
A government law that restricts a fundamental right will be held to violate substantive due process unless it promotes a compelling or overriding state interest
True
A jury verdict specifies the amount of the damages to be paid by a losing party
True
A reference to "28 USC Section 1332" means that a statute can be found in section 1332 of title 28 in the United States Code
True
A state constitution is supreme within the state's borders
True
A state law that conflicts with the US Constitution will be deemed unconstitutional
True
After a defendant finished introducing his or her evidence, the plaintiff can present a rebuttal
True
Alternative dispute resolution refers to any method for resolving a dispute outside the court system
True
An affirmative defense asserts facts that purport to show why a defendant is not liable for a plaintiff's harm
True
An answer can admit to the allegations made in a complaint
True
An appellate court will overturn the decision of a trial court that makes an error of law
True
Any lawsuit involving a federal question can originate in a federal court
True
Concurrent jurisdiction exists when both federal and state courts have the power to hear a particular case
True
Damages is a remedy at law
True
Equitable remedies include injunctions and decrees of specific performance
True
How the courts interpret a state determines how that statute is applied
True
In a federal case at law involving more than $20 in damages, a defendant has the right to a jury trial
True
In early neutral case evaluation, a third party's evaluation of each party's strengths and weaknesses forms the basis for negotiating a settlement
True
In most appealecd cases, a trial court's decision is affirmed
True
In some courts, pretrial negotiation is mandatory
True
Law is a body of enforceable rules governing relationships among individuals and between individuals and their society
True
Most online dispute resolution services apply general, universal legal principles to resolve disputes
True
Review of a law on a substantive due process basis and review of a law on an equal protection basis considers some similar questions
True
Some constitutional protections apply to business entities
True
Testimony given in court about what someone heard someone else say is not admissible as evidence
True
The First Amendment does not protect commercial speech as extensively as noncommercial speech
True
The checks and balances in the US Constitution prevent any one branch of government from exercising too much power
True
The courts can decide whether the other branches of government have acted within the scope of their constituional authority
True
The decisions of state trial courts of limited jurisdiction may sometimes be appealed to state trial courts of general jurisdiction
True
The establishment clause of the US constitution prohibits the federal government from establishing an official religion
True
The stability and predictability of the law is essential to business activities
True
The state governments retain all powers not specifically delegated to the federal government
True
The three major stages of litigation are pretiral, trial and postrial
True
When there is a direct conflict between a federal and a state law, the state law is rendered invalid
True
Cody files a suit against Delta Corporation. Delta responds that it appears from the pleadings the parties do not dispute the facts and the only question is how the law applies to those facts. Delta supports this response with witnesses' sworn statements. This is
a motion for summary judgment
motion for summary judgment
a motion requesting the court to enter a judgment without proceeding to trial. The motion can be based on evidence outside the pleadings and will be granted only if not facts are in dispute
Quin files a suit against Regal Products Inc. Regal responds that even if Quin's statement of the facts is true, according to the law Regal is not liable. This is
a motion to dismiss
Liz files a suit against Moe is a state court. The case proceeds to trial, after which the court renders a verdict. If Liz decides to appeal to a state appellate court, Liz's attorney must file, with the clerk of the appellate court within a prescribed period ot time
a notice of appeal
Liz files a suit against Moe is a state court. The case proceeds to trial, after which the court renders a verdict. If Moe decides to appeal to a state appellate court, Moe's attorney must file, with the clerk of the trial court within a prescribed period of time
a notice of appeal
discovery
a phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial
motion to dismiss
a pleading in which a defendant asserts that the plaintiff's claim fails to state a cause or action or that there are other grounds on which a suit should be dismissed
motion
a procedural request or application presented by an attorney to the court on behalf of a client
affirmative defense
a response to a plaintiff's claim that does not deny the plaintiff's facts but attacks the plaintiff's legal right to bring an action
interrogatories
a series of written questions for which written answers are prepared and then signed under oath by a party to a lawsuit, usually with the assistance of the party's attorney
Liu files a suit against Macro Sales Inc in a NJ state court based on Web site through which NJ residents can do business with Macro. The court will most likely exercise jurisdiction over Macro if the interactivity of the site is sesn as
a substantial enough connection with the state
Vince files a suit against Will. Vince and Will meet, and each party's attorny argues the party's case before a judge and jury. The jury presents an advisory verdict, after which the judge meets with the parties to encourage them to settle their dispute. This is
a summary jury trial
compelling government interest
a test of constitutionality that requires the government to have compelling reasons for passing any law that restricts fundamental rights
Political speech that would otherwise be protected by the First Amendment loses that protection if its source is a corporation
False
Service of process is the process of obtaining information from an opposing party before trial
False
Statutory law does not include county ordinances
False
A choice-of-law clause is a provision in a contract that excuses a party from liability for nonperformance due to "acts of God"
False
A court will review a contract for validity even if it contains and arbitration clause
False
A federal form of government is a confederation of independent states with a central government of very limited powers
False
A justiciable controversy is a case in which the court's decision-the justice that will be served- will be controversial
False
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
A motion for summary judgment may be made before, during or after a trial
False
A summary judgment will be granted when there are genuine issues of fact in a trial and no question of law
False
An appellate court may elect to hear new evidence in a suit
False
An arbitrator can never render a legally binding decision
False
Any law that distinguishes between or among individuals violates the equal protection clause
False
Common law is a term for law that is common throughout the world
False
Congress can regulate all commerce in North America
False
Costitutional law includes only the US Constitution
False
Courts do no depart from precedents
False
Criminal law focuses on duties that exist between persons
False
Cyberspace is its own jurisdiction
False
Every judgment is enforceable
False
Federal courts are superior to state courts
False
In most states, the courts no longer grant "equitable" remedies
False
Minimum contacts with a juristdiction are never enough to support jurisdiction over a nonresident defendant
False
Negotiation is the most complex form of alternative dispute resolution
False
No court offers mediation as an option before a case goes to trial
False
No state has adopted the Uniform Commercial Code in its entirety
False
Only a defendant may file a motion for summay judgment
False
Glen retains Holly, an attorney, on a contingent-fee basis to seek $100,000 in damages in a personal-injury suit against Interstate Shipping Corporation. Glen wins. He must pay
Holly's fee, court fees, and other expenses
Mac initiates a lawsuit against Nan by filing a complaint. If Nan responds to Mac's complaint by filing a counterclaim, then
Mac will also have to file a response
Mac initiates a lawsuit against Nan by filing a complaint. The sheriff serves Nan with a summons. If Nan chooses to ignore it
Mac will have a judgment entered in his favor
All USA disputes the use of all-usa.com as a domain name by All USA Overseas Exports and files a suit to resolve the dispute. Service of process must be by
Whatever means is reasonably calculated to do the job
Vacation Village enacts an ordinance to allow only a few street vendors to operate in certain area, for the purpose of reducing traffic. A court would likely subject this ordinance to
a "rational basis" test under the equal protection clause
Liz files a suit against Moe is a state court. The case proceeds to trial, after which the court renders a verdict. If either party appeals, the clerk of the trial court will send to the clerk of the appellate court within a prescribed period of time
a copy of the record on appeal
Linda files a suit against Kate. Kate denies Linda's charges and sets forth her own claim that Linda breached their contract and owes Kate money for the breach. This is
a couterclaim
Xtreme Publications Inc disseminates obscene materials. This is
a crime under numerous state and federal statutes
Diners Corp files a suit against Eateries Inc. The attorney for Eateries also questions Floyd. This is
a cross examination
answer
a defendant's response to the plaintiff's complaint
Diners Corp files a suit against Eateries Inc. During the trial, Diner's attorney questions the plaintiff's witness Floyd. This is
a direct examination
The opinion joined by the four justices who favor Overseas is known as
a dissenting opinion
Stan, a citizen of Texas, wants to file a suit against Uma, a citizen of Virginia. Their diversity of citizenship may be a basis for
a federal district court to exersice original jurisdiction
brief
a formal legal document submitted by the attorney for the appellant - outlines the facts and issues of the case, judge's rulings that should be reversed or modified, the applicable law, and the arguments on the client's behalf
default judgment
a judgment entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff's claim
Kurt is a judge hearing the case of Local Co v Macro Corp. Applying the relevant rule of law to the facts of the case requires Kurt to find previously decided cases that, in relation to the case under consideration are
as similar as possible
Excel Products Company, files a suit against Flying Distribution Inc over a contract. Before the trial, Excel can obtain from Flying
all documents in Flying's possession relating to the contract
In Abel v Baker, 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 Charles v Delta, a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to
allow the minor to cancel the contract
damages
an amount given to a party whose legal interests have been injured
Liz files a suit against Moe is a state court. The case proceeds to trial, after which the court renders a verdict. If Moe appeals to, and files a brief with, a state appellate court, Liz's attorney may file within a prescribed period of time
an answering brief
Consumer sales corporationg and dion agree to resolve their dispute in arbitration. The arbitrator's decision is called
an award
Congress enacts the Tight Money act of 2006 to band major business entities from making political contributions that individuals can make. A court would likely hold the TMA to be
an unconsitutional restriction of speech
Minnesota enacts a statute to ban advertising in "bad taste". This statute would likely be held by a court to be
an unconstitutional restriction of speech
Resolving the dispute between Java and Kaffe by having a neutral third party render a binding decision is one of the advantages of
arbitration
general (unlimited) jurisdiction
can decide cases involving a broad array of issues
rescission
cancellation of a contractual obligation
Cody wants to appeal his case against Digital Coproration to the US Supreme Court. Cody must ask the Court to issue a writ of
certiorari
Having a separate opinion is known as a
concurring opinion
LCD TV company, a firm in Minnesota, advertises on the Web. A court in ND would be most likely to exercise jurisdiction over LCD if the form
conducted substantial business with ND residents through its Web site
Serene City enacts an ordinance that bans the use of "sound amplifying systems" on public streets. Tom wants to campaign for a seat on the city council by broadcasting his message through speakers mounted on a truck. In Tom's suit against the city, a court would likely hold this ordinance to be
constitutional under the First Amendment
motion for a directed verdict
in a STATE court, a party's request that the judge enter a judgement in her favor before the case is submitted to a jury because the other party has not presented sufficient evidence to support the claim
The Constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that
each branch of government may exercise the authority of the other branches
full faith and credit clause
ensures that rights established under deeds, wills, contracts and the like in one state will be honored by the other states
In a suit against Kit, Leo obtains specific performance. This is an
equitable remedy only
federal courts only have jurisdiction when it comes to
federal questions and diversity of citizenship
Diners Corp files a suit against Eateries Inc. After Diner's attorney's presents the plaintiff's case, the attorney for Eateries can
file a motion for a directed verdict or present the defendant's case
bill of rights
first 10 ammendments to the constitution
original jurisdiction
first instance courts or trial courts
After a trial between Unreal Games Inc and Virile Video Corporation, the jury renders a verdict in Unreal's favor. Virile's attorney can file a motion
for a new trial
commerce clause
gives congress the power to regulate interstate commerce
due process clause
guarentee that no person shall be deprived of life, liberty or property without due process of law
tom files a suit against the state of Utah, claiming that a Utah state law violates the commerce clause. The court will agree if the statute
imposes a substantial burden on interstate commerce
motion for a judgment as a matter of law
in a FEDERAL court, a party's request that the judge enter a judgment in her favor before the case is submitted to a jury because the other has not presented sufficient evidence to support the claim