Biz Law Exam 1

All Bikes, Inc., a firm in Wisconsin, advertises on the Web. A court in Ohio would be most likely to exercise jurisdiction over All Bikes if the firm​ A. ​did substantial business with Ohio residents over the Internet. ​B. interacted with any Ohio resident through its Web site. ​C. only engaged in passive advertising on the Web. ​D. suddenly removed its ad from the Internet.

A

Charles is a federal judge whose judicial decisions are part of case law, which does not include interpretations of: A. parties' subjective motives for engaging in litigation. B. regulations created by administrative agencies. C. constitutional provisions. D. statutes enacted by legislatures.

A

Creamy Dairy produces award-winning ice cream sold to wholesale distributors, retail sellers, and individual consumers in all fifty states. Its business is regulated by the UCC, which provides a set of rules governing: A. commercial transactions. B. dairy products and their production. C. merit standards for nutrition awards. D. the formation and initiation of a business.

A

D'Antoni files a suit in a federal district court against Enya. D'Antoni loses the suit, appeals to the U.S. Court of Appeals for the Ninth Circuit, and loses again. D'Antoni asks the United States Supreme Court to hear the case. The Court is​ A. ​not required to hear the case. ​B. required to hear the case because D'Antoni lost in a federal court. ​C. required to hear the case because D'Antoni lost in a lower court. ​D. required to hear the case because it is an appeal.

A

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 pays the judgment. B. ​if Dawn has sufficient assets to cover the amount of damages sought. ​C. if Entrée proves that it is unable to pay the judgment. ​D. all of the choices.

A

Destiny and Enzo engage in a business transaction. When a dispute arises, Destiny initiates a lawsuit against Enzo by filing a complaint. If Enzo files a motion to dismiss, he is asserting that​ A. ​Destiny did not state a claim for which relief can be granted. ​B. Destiny's statement of the facts is not true. ​C. Destiny's statement of the law is not true. ​D. Enzo suffered greater harm than Destiny.

A

Distinguishing between legal and equitable remedies is: A. important because the type of remedy available will depend on the type of harm suffered. B. not important because legal remedies cannot be granted today. C. not important because equitable remedies cannot be granted today D. important so that statistical data on the remedies can be compiled.

A

Executive control over the Federal Communications Commission, and other agencies, may be exercised through the president's power to​ A. ​appoint agency officers. ​B. veto the agency's final rules. ​C. veto the agency's final orders. D. promulgate enabling legislation.

A

In Precise Paving Company's suit against Ride, Park n' Go, Inc., the jury returns a verdict in Precise Paving's favor. Precise Paving Company will most likely ask the court to A. enter a judgment in accordance with the verdict. B. enter a judgment n.o.v. C. enter a judgment as a matter of law. D. order a new trial.

A

In a suit against Ian, Jenna obtains an injunction. This is:​ A. an order to do or refrain from doing a particular act. B. an order to perform what was promised. C. a payment of money or property as compensation. D. the cancellation of a contract.

A

In a suit against Olive, Pimento obtains damages. In the U.S. legal system, this remedy at law is​: A. usual. B. unique. C. unlikely. D. unusual.

A

Judge Bell decides that the precedent for the case she is hearing is no longer correct due to technological changes. She overturns the precedent when she decides the case. It is likely that her case will: A. receive a great deal of publicity. B. go unnoticed by the public. C. be thrown out of court. D. be ignored by the media.

A

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. as similar as possible. B. as different as possible. C. at odds. D. exactly identical.

A

Larry enters into a contract with Motivational Education Services to host a panel discussion at a sales conference. When the conference is postponed indefinitely, Larry asks a court to cancel the contract and return the parties to the positions that they held before its formation. This request involves: A. specific performance. B. an injunction. C. You Answered rescission. D. an action that the court cannot order.

A

Lyn files a suit against Karl. Karl denies Lyn's charges and sets forth his own claim that Lyn breached their contract and owes Karl money for the breach. Karl's claim is​ A. ​a counterclaim. ​B. a motion for judgment on the pleadings. C. ​a motion for summary judgment. ​D. a motion to dismiss.

A

Martin Luther King, Jr. played a singular role in the most significant social movement in the history of the United States—the Civil Rights Movement. King has been chronicled in books and movies, and is featured on mementoes, some of which are offered for sale by PriceMart Corp. Under the principles discussed in "A Sample Court Case," Rosa and Raymond Parks Institute for Self-Development v. Target Corp., PriceMart's sale of these items most likely: A. is a qualified privilege to communicate on matters of public interest. B. implies something false about King's legacy. C. constitutes misappropriation. D. violates the common-law right of publicity.

A

Renewable Resources, Inc., files a suit against Sunrich Utility Company and seeks to examine certain documents in Sunrich's possession. A legitimate reason for this examination is that the documents contain​ A. ​information that is relevant to the case. ​B. private information about Sunrich's operations. C. ​public information about energy generation. D. ​irrelevant data that can be eliminated from consideration.

A

The Bay City Planning Department, the Coastal County Zoning Commission, the California Environmental Quality Agency, and the U.S. Bureau of Land Management issue regulations. These rules constitute: A. administrative law. B. case law. C. constitutional law. D. statutory law.

A

The Merit Systems Protection Board issues a rule. Like other administrative agencies' rules, this rule is as​ A. ​binding as a law passed by Congress. ​B. persuasive as an expert's opinion. ​C. suggestive as a newspaper's editorial. ​D. unenforceable as a salesperson's puffery.

A

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 have jurisdiction if the claim David brings is based on QuickAds advertising scheme in Alabama. B. not likely to have jurisdiction over the case because QuickAds is based in Georgia, and only passively advertises in Alabama. C. likely to refer the case to a higher district court. D. likely to refer the case to an appellate court.

B

Garvey files a suit in a state court against Hi-Rise Apartments. At the conclusion of Garvey's case, Hi-Rise files a motion asking the judge to direct a verdict for the defendant on the ground that Garvey has presented no evidence to support his claim. This is a motion for A. a judgment in accordance with the verdict. B. a judgment as a matter of law. C. a new trial. D. judgment n.o.v.

B

Kent's witness Lois is not an expert in the matter about which she is being questioned. Lois can​ ​A. testify about any of the facts in the case. B. ​testify only about what she personally observed. ​C. offer her opinion about any of the evidence. ​D. offer her conclusion with regard to the case.

B

Salina files a suit against Tanner. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A third party suggests or proposes a resolution, which the parties may or may not adopt. This is​ ​A. arbitration. B. ​mediation. ​C. negotiation. ​D. not a legitimate form of dispute resolution.

B

The Federal Trade Commission (FTC) is an independent regulatory agency. As such, the FTC is subject to​ A. ​no higher authority. B. ​less executive authority than executive agencies. ​C. more executive authority than executive agencies. ​D. the authority of nongovernmental oversight committees.

B

The Securities and Exchange Commission (SEC) wants to review certain documents of Treasury Bonds, Inc. Whether it is permissible for the SEC to request or review the documents depends on whether the documents are​ A. ​incriminating. B. ​relevant. ​C. technical. ​D. valuable.

B

Labor Recruiters, Inc., has been ordered to appear at a hearing before an administrative law judge of the National Labor Relations Board. A significant difference between a trial and an administrative hearing is that​ ​A. attorneys are not allowed to attend administrative hearings. ​B. clients are not allowed to communicate with their attorneys during administrative hearings. C. ​hearsay can be introduced as evidence in an administrative hearing. ​D. the burden of proof is on the charged party to prove innocence.

C

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. ​certiorari. ​B. jurisdiction. C. ​standing. ​D. sufficient minimum contacts.

C

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. an online forum only. ​B. Canada or the United States, but not both. C. ​Canada, the United States, or both. ​D. an international, United Nations tribunal only.

C

SPF Sunscreen Corporation and Taylor agree to resolve their dispute through arbitration. The arbitrator's decision is called ​ ​A. a conclusion of law. B. ​a finding of fact. C. ​an award. D. ​a verdict.

C

The Occupational Safety and Health Administration (OSHA) issues new rules with regard to safety in industrial workplaces. After the final rules are issued, OSHA can conduct investigations to​ ​A. determine consumer satisfaction. ​B. determine whether affected businesses are satisfied. C. ​monitor compliance with the rules. ​D. determine what type of agency needs to be created next.

C

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through corporate blogs, tweets, andWeb sites. The first step is to​ A. ​compile the rule with others in the Code of Federal Regulations. ​B. conduct an on-site inspection. C. publish a notice of the proposed rulemaking. ​D. solicit public comment.

C

The U.S. Department of Health and Human Services (HHS) was founded in 1980. All of the following subagencies are within HHS except​ ​A. the National Institutes of Health. B. ​the Food and Drug Administration. C. the Veterans Health Administration. D. ​the Centers for Disease Control.

C

Tools & Hardware Company is subject to a decision by the Consumer Product Safety Commission. Tools & Hardware is opposed to the decision and wants a court to review it. First, however, the company must​ A. ​refuse to comply with the agency decision. ​B. petition other interested parties to oppose the decision. C. ​exhaust all possible administrative remedies. ​D. publish its opposition in the Federal Register.

C

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 respondent. D. ​the summons.

D

Closed meetings of the U.S. Forest and Wildlife Service and other federal administrative agencies are permitted when​ ​A. the subject of the meeting concerns accusing a person of a crime. ​B. open meetings would frustrate the implementation of future actions. ​C. the subject of the meeting involves matters relating to future litigation or rulemaking. D. ​all of the choices.

D

Cullen files a suit against Demi. Cullen and Demi meet, and each party's attorney 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. court-ordered arbitration. ​B. early neutral case evaluation. C. ​a mini-trial. D. a summary jury trial.

D

First Community Credit Union and General Hydraulics, Inc., have their dispute resolved in arbitration. Before determining the award, the arbitrator meets with First Community's representative to discuss the dispute without General Hydraulics' representative being present. If this meeting substantially prejudices General Hydraulics' rights, a court will most likely A. compel arbitration. B. review the merits of the dispute. C. review the sufficiency of the evidence. D. set aside any award.

D

Gilbert wants to initiate a suit against Healthways Insurance Company by filing a complaint. The complaint should include​ ​A. an explanation of the proof to be offered at trial. B. ​a statement refuting any defense that the defendant might assert. ​C. a motion for judgment on the pleadings. D. ​a statement alleging the facts showing the court has jurisdiction.

D

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. an explanation to refute any defense Open Pit might assert. ​B. a motion for summary judgment. ​C. a motion to dismiss. D. ​Mountain's basis for relief.

D

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. monitor any arbitration until it concludes. B. order an arbitrator to rule in a particular way. C. order a party to bring the dispute to court. D. order a party to submit to arbitration.

D