Business Law Test 1

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Uniform laws apply in all states including those in which 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

Remedies in equity include injunctions and decrees of specific performance

True

State courts are independent of federal courts

True

State regulation, when not preempted, may cover many of the same activities as federal regulation

True

The U.S. Supreme court can review any case decided by any of the federal courts of appeals

True

The U.S. supreme court has original jurisdiction in rare instances

True

The function of the courts is to interpret and apply the law

True

The stability and predictability of the law is essential to business activities

True

There is one set of procedural rules for federal courts and various sets for state courts

True

U.S. courts follow the adversarial system of justice

True

U.S. district courts have original jurisdiction in matters involving federal questions

True

Most state trial court decisions are not published

True

Federal administrative agencies can regulate beyond the powers granted by legislation

False

Federal case typically originates in a state court

False

Federal courts are superior to state courts

False

For purposes of diversity of citizenship, a corporation is a citizen only of the state in which it is incorporated

False

Three major stages of litigation are filing, answering, and appealing

False

Criminal law focuses on duties that exist between persons

False

Courts of appeals conduct new trials in which evidence is submitted to court and witnesses are examined

False

Diversity of citizenship cases are only those arising between citizens of different states

False

Every judgement is enforceable

False

A counterclaim is raised by a plaintiff against a defendant's answer

False

A court will review a contract for validity even if it contains an arbitration clause

False

A judge's function is to make the law

False

A justiciable controversy is a case in which court's decision will be controversial

False

A reviewing court reverses a trial court's judgement only in a case in which the plaintiff lost

False

A summary judgement is granted only if there is no genuine question of law

False

Administrative agencies cannot make legislative rules, or substantive rules that are legally binding as laws that the Congress passes

False

Administrative law is created by legislatures

False

Arbitration that is mandated by the courts is often binding on the parties

False

Common law is a term for law that is common throughout the world

False

Constitutional law includes only the U.S. constitution

False

Court of appeals hears all the same evidence that the trial court heard

False

Courts do not depart from precedents

False

If the meaning of a statute's language is unclear and an agency interprets it, a court must overturn the interpretation

False

In most states if neither party requests a jury the court will seat a jury on its own motion

False

In most states the courts no longer grant equitable remedies

False

Judge's view of the law is of little importance in a common law legal system

False

Many agency rules require compliance reporting from regulated entities and such a report can not trigger an enforcement investigation

False

Minimum contacts with a jurisdiction are never enough to support jurisdiction over a nonresident defendant

False

Negotiation traditionally involves just the parties to a dispute without their attorneys

False

No state has adopted the Uniform Commercial Code

False

Only a plaintiff may file a motion for summary judgement

False

Petitioner is the party against whom an appeal is taken

False

Service of process is the process of obtaining information from an opposing party before trial

False

Stare decisis is a doctrine obligating judges to help persons to protect their own rights

False

State agency regulations take precedence over conflicting federal agency regulations

False

Statutory law does not include county ordinance

False

The executive branch is the final authority concerning the constitutionality of a law

False

Informal agency actions are exempt from the Administrative Procedure Act's requirements

True

Law is a body of enforceable rules governing relationships among individuals and between individuals and their society

True

A breach of contract is a failure to perform it

True

A business firm may have to comply with the laws of any jurisdiction in which it actively targets customers

True

A case is remanded when it is sent back for further proceedings to the court that originally heard the case

True

A court will not review an administrative agency's decision until the case is "ripe for review"

True

A default judgement is entered against a party who fails to respond to the allegations in a complaint

True

A defendant is a person against whom a lawsuit is brought

True

A judgement may go unpaid

True

A motion for a directed verdict is also known as a motion for judgement as a matter of law

True

A motion for summary may be supported with materials outside the pleadings

True

A state constitution is supreme within the state's borders

True

A state court cannot exercise jurisdiction over property located within the state's boundaries regardless of the property owner's location

True

A state law that conflicts with the U.S. constitution will be deemed unconstitutional

True

A substantive law creates or defines legal rights

True

After a defendant finishes 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 appellate court can reverse the decision of a trial court that erred

True

Before a lawsuit begins, the court must have proof the defendant was notified

True

Concurrent jurisdiction exists when both federal and state courts have the power to hear a particular case

True

Congress can only pass legislation that falls within the limits set up by the U.S. constitution

True

Courts often rely on common law as a guide to interpreting legislation

True

Damages is a remedy at law

True

Each state has its own constitution

True

Either party can appeal a judge's ruling on any pretrial motion

True

Every state has adopted some or all of the Uniform Commercial Code

True

If a discovery request involves confidential business information the scope of the request can be limited

True

In some states lawyers are not allowed to represent people in small claims courts

True


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