Business Law ch3 & ch5

If the police use thermal imaging to detect heat patterns emanating from private homes, they are probably violating which amendment? The Fourth Amendment .The Fifth Amendment. The Sixth Amendment .The Eighth Amendment. None of these.

The Fourth Amendment

True or false: Most industrialized countries have a single court system, with courts that have the power to hear both local and national cases. True false question. True False

True

Today, most federal regulations are exercises of ______ authority according to the commerce clause of the U.S. Constitution. Multiple choice question. congressional state executive judicial

congressional

According to judicial interpretation of the ______ clause of the U.S. Constitution, no law can be passed that will unreasonably interfere with existing contracts. Multiple choice question. commerce contract full faith and credit due process

contract

Arbitration is often a(n) ______ process based on a(n) _________. (Choose TWO correct answers) Multiple select question. federal statute involuntary contractual agreement voluntary

contractual agreement voluntary

After the plaintiff has presented their case, a _____ verdict allows a judge to find for the defendant. Multiple Choice directed quotient persuasive collaborative

directed

A motion for summary judgment is a request made by __________ that asks a court to dispose of a case expeditiously without a trial. Multiple Choice the plaintiff the defendant either party the court

either party

Police power consists of all except which of the following? Multiple choice question. state criminal laws sanitation standards for restaurants international trade agreements regulations for the practice of medicine

international trade agreements

To grant a motion for a(n) ____________________ notwithstanding the verdict (judgment non obstante verdicto), a judge must, as a matter of law, determine that the trial did not produce sufficient evidence to support the jury's verdict.

judgement

A(n) __________ is similar to arbitration and mediation because it involves a neutral third party. Multiple choice question. intermediate appellate court hearing minitrial supreme court hearing settlement conference

minitrial

In the federal court system, the courts of __________ jurisdiction are the United States district courts. Multiple choice question. exclusive appellate intermediate appellate original

original

Under the doctrine of federal presumption, federal laws ____________ state law on the same issue. Multiple Choice defer to have no effect on override co-exist with

override

The right of a party to have a juror dismissed before trial without stating a reason is known as a _____. Multiple Choice writ of ceritiorari peremptory challenge writ of habeas corpus challenge for cause

peremptory challenge

The __________ stage is the first formal stage of a lawsuit. Multiple choice question. jury selection pretrial pleading discovery

pleading

To be eligible for appeal, the losing party must argue that a(n) __________ error of law occurred during the trial. Multiple choice question. prejudicial technical inconsequential equitable

prejudicial

The ______ of the U.S. Constitution prohibits states from discriminating against citizens of other states when those nonresidents engage in ordinary and essential activities. Multiple choice question. supremacy clause privileges and immunities clause equal protection clause commerce clause

privileges and immunities clause

One of the types of due process guaranteed by the due process clause is the____________ _________________ __________________ which requires the government to use fair procedures before depriving a person of his or her life, liberty, or property.

procedural due process

Which of the following is included in the Fifth Amendment to the U.S. Constitution? Multiple choice question. freedom of speech protection against double jeopardy the right to bear arms prohibition against cruel and unusual punishment

protection against double jeopardy

An unofficial jury sitting in during the actual trial and deliberating at the end of each day to evaluate for the attorneys how each side is doing is referred to as a Multiple Choice petit jury. shadow jury. mock jury. hung jury.

shadow jury.

A person who has the legal right to bring an action in court has __________. Multiple choice question. lineage standing in rem jurisdiction quasi in rem jurisdiction

standing

Which of the following is part of the court structure of the United States legal system? Multiple choice question. concurrent system subject-matter jurisdiction state court system exclusive federal jurisdiction

state court system

All of the following are threshold requirements that a case must meet before it is heard by a court except ______. Multiple choice question. ripeness standing strict liability case or controversy

strict liability

To satisfy the ______ due process requirement, the government must have a proper purpose for enacting laws that restrict individuals' liberty or the use of their property. Multiple choice question. subordinate parliamentary substantive procedural

substantive

A __________ trial is an abbreviated trial that leads to a non-binding jury verdict. Multiple choice question. bench summary judge quasi- summary jury

summary jury

Which constitutional amendment contains the takings clause? Multiple choice question. the Fifth Amendment the Sixth Amendment the First Amendment the Eighth Amendment

the Fifth Amendment

Which of the following is not another term for trial courts? Multiple choice question. Federal district courts County courts Small claims courts Courts of common pleas

Small claims courts

Which of the following refers to a person's legal right to bring an action in court? Multiple choice question. The right of subrogation Standing to sue In personam jurisdiction In rem jurisdiction

Standing to sue

__________ jurisdiction is a court's power to hear certain kinds of cases. In rem In personam Quasi in rem Subject-matter

Subject-matter

If a plaintiff seeks at least $_______ in monetary damages, the _______ Amendment to the U.S. Constitution entitles the parties to a jury trial. Multiple choice question. 20, Seventh 20, First 75,000, Seventh 100, First

20, Seventh

Through service of process, what does a representative of the court deliver to the defendant? Multiple choice question. A copy of the complaint and the answer A copy of the counterclaim and the answer A copy of the counterclaim and the reply A copy of the complaint and a summons

A copy of the complaint and a summons

Which of the following is an accurate statement regarding a summary jury trial? Multiple choice question. The results of a summary jury trial are admissible as evidence in a regular trial. A summary jury trial does not involve a jury. A summary jury trial leads to a binding jury verdict. A summary jury trial leads to a non-binding jury verdict.

A summary jury trial leads to a non-binding jury verdict.

The term __________ refers to the resolution of legal disputes through methods other than litigation. Multiple choice question. ABR ADR PBR ADA

ADR

Which of the following acts would probably constitute minimum contacts that would allow an Ohio court to serve a Michigan defendant to obtain in personam jurisdiction over him? All of the contacts described provide sufficient contacts for in personam jurisdiction. None of the contacts described provides sufficient contacts for in personam jurisdiction. The Michigan defendant got into an automobile accident in Ohio. The Michigan defendant signed a contract in Ohio with an Ohio business. The Michigan defendant sold products in the state of Ohio that injured the purchasers.

All of the contacts described provide sufficient contacts for in personam jurisdiction.

__________ is the resolution of a dispute by a neutral third party outside the judicial setting. Appeal Mediation Arbitration Negotiation

Arbitration

______ of the U.S. Constitution states that government may not pass any "Law impairing the Obligation of Contracts." Multiple choice question. Article IV, Section 6, Article I, Section 10, Article III, Section 7, Article II, Section 8,

Article I, Section 10,

The taxing power of the federal government is established in ______ of the U.S. Constitution. Multiple choice question. Article II, Section 4, Article III, Section 6, Article I, Section 8, Article IV, Section 6,

Article I, Section 8,

______ of the U.S. Constitution contains the full faith and credit clause. Multiple choice question. Article III, Section 2, Article I, Section 4, Article II, Section 3, Article IV, Section 1,

Article IV, Section 1,

______ of the U.S. Constitution states that "Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States." Multiple choice question. Article II, Section 1, Article IV, Section 2, Article III, Section 1, Article II, Section 2,

Article IV, Section 2,

Which of the following is an accurate statement regarding a minitrial? Multiple choice question. A minitrial is not similar to mediation, since it does not involve a neutral third party. A minitrial is not similar to arbitration, since it does not involve a neutral third party. Lawyers cannot participate in a minitrial. Business representatives of disputing corporations participate in a minitrial and have settlement authority.

Business representatives of disputing corporations participate in a minitrial and have settlement authority.

Which one of the following is a disadvantage of arbitration over litigation? Arbitration is more expensive than litigation. Arbitrators are bound by precedent and have little flexibility of decisions. Arbitrators often are unspecialized and do not know about the subject matter they are arbitrating. Companies and employers able to "hide" their disputes through arbitration. Arbitrations are very easily appealed, unlike the decisions of judges.

Companies and employers able to "hide" their disputes through arbitration.

Which of the following is an accurate statement regarding early neutral case evaluation? Multiple choice question. Early neutral case evaluation has the same legal effect as a jury verdict. Eighteen federal district courts currently use early neutral case evaluation. Early neutral case evaluation has the same legal effect as binding arbitration. Early neutral case evaluation must be conducted by a local magistrate.

Eighteen federal district courts currently use early neutral case evaluation.

Which amendment to the U.S. Constitution states that the government cannot deprive a person of life, liberty, or property without due process of law? Multiple choice question. Fifth Amendment Seventh Amendment First Amendment Sixth Amendment

Fifth Amendment

Which of the following is a true statement regarding the Fifth Amendment's due process clause? Multiple choice question. For corporations, but not businesspeople, the Fifth Amendment's due process clause provides extensive protection. The Fifth Amendment's due process clause does not apply to corporations or businesspeople. For businesspeople and corporations, the Fifth Amendment's due process clause provides extensive protection. For businesspeople, but not corporations, the Fifth Amendment's due process clause provides extensive protection.

For businesspeople and corporations, the Fifth Amendment's due process clause provides extensive protection.

The ______ Amendment to the U.S. Constitution prohibits government from conducting unreasonable searches of individuals and seizing their property to use as evidence against them. Multiple choice question. Fourth First Third Sixth

Fourth

__________ jurisdiction literally means "jurisdiction over the person." Multiple choice question. In rem In personam Appellate Quasi in rem

In personam

__________ negotiation typically involves a discussion among the parties to try to resolve their dispute. Multiple choice question. Formal In personam Judicial Informal

Informal

________ is a court's power to bind the parties before it. Multiple choice question. Ripeness Jurisdiction Arbitration Discovery

Jurisdiction

Which of the following is the proper order of the six stages of a trial? Multiple choice question. Opening statements, jury selection, examination of witnesses, conference on jury instructions, closing arguments and post trial motions Conference on jury instructions, opening statements, jury selection, examination of witnesses, closing arguments, and post trial motions Jury selection, opening statements, examination of witnesses, closing arguments, conference on jury instructions, and post trial motions Examination of witnesses, opening statements, jury selection, closing arguments, conference on jury instructions, and post trial motions

Jury selection, opening statements, examination of witnesses, closing arguments, conference on jury instructions, and post trial motions

Which of the following is not a correct statement regarding mediation? Multiple choice question. Mediation is an extension of negotiation. In mediation, the neutral third party (the mediator) frequently has expertise in the area of dispute. In mediation, the disputing parties select a neutral party to help facilitate communication and suggest ways for the parties to solve their dispute. Mediation is a popular form of non-binding arbitration.

Mediation is a popular form of non-binding arbitration.

Which of the following is a true statement regarding negotiation? Multiple choice question. Negotiation is an informal bargaining process. The defendant must be represented by an attorney during the negotiation process. The plaintiff must be represented by an attorney during the negotiation process. Business managers rarely use negotiation as a dispute resolution process.

Negotiation is an informal bargaining process.

Which of the following is an accurate statement regarding venue? Multiple choice question. Once a case is in the proper court system, venue determines which trial court in the system will hear the case. Once a case is in the proper court system, venue determines which appellate court in the system will hear the case. Venue prohibits the exercise of concurrent jurisdiction. Venue facilitates the exercise of concurrent jurisdiction.

Once a case is in the proper court system, venue determines which trial court in the system will hear the case.

What is one example of a type of unconscionable provision in the binding arbitration agreement in the Hooters case opener? Hooters required mandatory arbitration and would not allow the employee to litigate. Hooters gave the employee an unreasonably short time to file arbitration claims. Hooters limited the amount of available damages to the employee through arbitration. The employee could call no witnesses and bring no evidence against Hooters in the arbitration situation. Only Hooters was allowed to record the arbitration.

Only Hooters was allowed to record the arbitration.

__________ jurisdiction is the power to hear and decide cases when they first enter the legal system. Multiple choice question. Appellate Provisional Ultimate Original

Original

______ power consists of the residual powers retained by each state to safeguard the health and welfare of its citizenry. Multiple choice question. Police Extra-judicial Reserved Quasi-judicial

Police

__________ often referred to as "rent-a-judge." Multiple choice question. Arbitration is Public trials are Private trials are Mediation is

Private trials are

Which of the following is an accurate statement regarding the taxing power of the federal government? Multiple choice question. The tax rate imposed by Congress must be uniform from state to state. Average income in a particular state impacts the federal tax rate imposed in that state. The tax rate imposed by Congress varies from state to state. Population in a particular state impacts the federal tax rate imposed in that state.

The tax rate imposed by Congress must be uniform from state to state.

In a(n) __________ system of litigation, a neutral fact finder hears evidence and arguments that opposing sides present and then decides the case on the basis of the facts and law. Multiple choice question. strict liability collaborative punitive adversary

adversary

The United States litigation system is a(n) __________ system. Multiple choice question. adversary strict liability collaborative consensual

adversary

Under the strict scrutiny test, suspect classifications include all but which of the following? Multiple choice question. classifications based on citizenship classifications based on national origin classifications based on race classifications based on age

classifications based on age

Today, most federal regulations are exercises of congressional authority according to the ______. Multiple choice question. Declaration of Independence supremacy clause of the U.S. Constitution commerce clause of the U.S. Constitution Uniform Commercial Code

commerce clause of the U.S. Constitution

Judicial review is established by__________ law. Multiple Choice constitutional statutory common legislative

common

In state court systems, most cases begin in a trial court of general jurisdiction. Most states refer to these courts as courts of __________ pleas or __________ courts. Multiple choice question. common; municipal common; county equitable; county equitable; municipal

common; county

The United States legal system has two parallel court structures: a __________ system and a(n) __________ system. Multiple choice question. local; state mediation; arbitration federal; state federal; international

federal; state

When a contract contains a(n) ________, the parties specify which court would hear a dispute over an alleged breach of the contract. Multiple choice question. forum-selection clause mandatory arbitration clause liquidated damages clause exclusive jurisdiction clause

forum-selection clause

Federal courts of _______ jurisdiction have the power to hear a wide range of cases and can grant almost any type of remedy. Multiple choice question. intermediate appellate appellate general exclusive

general

If a party to a case files a motion for a change of venue, the judge: _______. has the discretion to grant or deny the motion must bring the matter up with a jury of peers has a constitutional duty to grant the motion must file an interlocutory appeal with the state's highest court

has the discretion to grant or deny the motion

In terms of standing to sue, a case is ripe if a judge's decision is capable of affecting the parties __________. Multiple choice question. immediately preliminarily eventually hypothetically

immediately

Generally, a state court's power to exercise ________ jurisdiction extends to the edge of the state's border. Multiple choice question. arbitration original subject matter in personam

in personam

Generally, a state court's power to exercise ________ jurisdiction extends to the edge of the state's border. original in personam subject matter arbitration

in personam

Which amendment to the U.S. Constitution contains the equal protection clause, which prevents states from denying "the equal protection of the laws" to any citizen? Multiple choice question. the Tenth Amendment the Fifth Amendment the Ninth Amendment the Fourteenth Amendment

the Fourteenth Amendment

Which constitutional amendment guarantees citizens the right to be "secure in their persons, their homes, and their personal property"? Multiple choice question. the First Amendment the Seventh Amendment the Fourth Amendment the Fifth Amendment

the Fourth Amendment

Which constitutional amendment states "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people"? Multiple choice question. the Ninth Amendment the Seventh Amendment the Tenth Amendment the Eighth Amendment

the Ninth Amendment

All of the following are required for a case or controversy except ______. Multiple choice question. the relationship between the plaintiff and the defendant must be conciliatory the relationship between the plaintiff and the defendant must be adverse the courts must have the ability to render a decision that will resolve the dispute actual or threatened actions of at least one of the parties must give rise to an actual legal dispute

the relationship between the plaintiff and the defendant must be conciliatory

In the context of the Atlantic Marine Construction Company, Inc. v United States District Court for the Western District of Texas et Al., in the appeal by the Atlantic, the Supreme Court held that the lower court should seek to ________ before ______ the case. transfer, dismissing dismiss, transferring change venue, transferring change venue, dismissing

transfer, dismissing

Any state or local law that directly conflicts with the U.S. Constitution or federal laws or treaties is _____________. Multiple Choice valid void enforceable binding

void