Business Law Exam 1
Jack enters into a contract with Jill's Farm to provide water for Jill's irrigation needs. Jack fails to deliver. Jill initiates a suit against Jack, asking the court to order Jack to perform. Jill is
the plaintiff.
Isabel and Josh engage in a business transaction that leads to a dispute. Isabel initiates a lawsuit against Josh by filing a complaint. The sheriff serves Josh with a summons. If Josh chooses to ignore it,
Isabel will have a judgment entered in her favor.
Emily retains Michael, an attorney, on a contingency-fee basis to seek $1 million in damages in a personal-injury suit against Prescription Pharmaceuticals Inc. Emily wins. She must pay
Michael's fee, court costs, and other expenses.
The legislature of the state of Wyoming enacts a new statute that sets standards for the liability of businesses selling defective products. This statute applies in
Wyoming only.
Faye files a suit in a state court against Gas Station Stop, claiming employment discrimination. Gas Station loses the suit and appeals. After the state's highest court's review of Faye v. Gas Station Stop, either party can appeal the decision to the United States Supreme Court if
a federal question is involved.
In Fuel Injection Products & Service Corporation's suit against Gears & Cylinders, Inc., the jury returns a verdict in Fuel Injection's favor. Gears & Cylinders files a motion asking the judge to set aside the verdict and begin new proceedings. This is a motion for
a new trial.
Calvert files a suit in a state court against Denny, seeking an amount of allegedly unpaid rent for an office that Denny leased and later vacated. If Denny losses the suit and decides to appeal, his attorney must file, with the clerk of the trial court, within a prescribed period of time
a notice of appeal.
Café Espresso is a coffee shop subject to the laws of Illinois. In Illinois, the highest-ranking (superior) law is
a provision in the Illinois constitution.
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 summary jury trial.
In a suit by the National Forest Preservation Organization (NFPO) against Old Growth Logging, Inc., NFPO serves a written request for Old Growth to admit the truth of matters relating to the trial. Old Growth's admission in response is the equivalent of
an admission in court.
Dirt Machines Inc. files a suit in a state court against Earth Movers Inc., claiming that the defendant leased and failed to return a bulldozer. The case proceeds to trial, after which the court renders a verdict. If Earth Movers to, and files a brief with, a state appellate court, Dirt Machines's attorney may file within a prescribed period of time
an answering brief.
Rachel is a state court judge. Salina appears in a case in Rachel's court, claiming that Tomas breached a contract. Possible remedies include
an award of damages to Salina.
SPF Sunscreen Corporation and Taylor agree to resolve their dispute through arbitration. The arbitrator's decision is called
an award.
Congress enacts the Ad Restriction Act (ARA) to limit advertising in certain circumstances. The ARA will be considered valid if it directly advances a substantial government interest
and goes no further than necessary to achieve its purpose.
Savers Mart, Inc., distributes its merchandise to retail outlets on an interstate basis. Under the commerce clause, Congress has the power to regulate
any commercial activity in the United States.
If Cornel and Deanna resolve their dispute by having a neutral third party render a binding decision, they will have used the method of
arbitration
Daniel files a suit against Ava, alleging that she failed to pay him for two months' labor at her Choice Cheese Factory. Ava denies the charge and claims that Daniel breached their contract to produce a certain quantity of cheeses and owes Ava damages for the breach. Ava's claim is a
counterclaim.
As a judge, Baxter applies common law rules. These rules develop from
decisions of the courts in legal disputes.
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
did substantial business with Ohio residents over the Internet.
The Constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that
each branch has some power to limit the actions of the others.
Rodrick, the chief executive officer of Social Post Host Inc., claims that certain actions by the state of Texas infringe on rights guaranteed by the Bill of Rights. Most of these guarantees have been held to limit
federal and state actions.
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
if Entrée pays the judgment.
Reba is a state court judge. In her court, legal and equitable remedies have merged. In these circumstances, distinguishing between these types of remedies is
important so that the proper remedy can be requested.
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 against Hua in Indiana. Regarding this suit, Indiana has
in rem jurisdiction.
Orinoco.com, an online seller of a variety of consumer streaming products, files a suit against the state of Nevada, claiming that a Nevada state law violates the commerce clause. The court will agree if the statute imposes a substantial burden on
interstate commerce.
In the case of Retail Sales Corp. v. Trucking Delivery Co., the court may rule contrary to a precedent if the court decides that the precedent
is incorrect or inapplicable.
The Montana Supreme Court rules against Natural Grocery Mart in a case against One Stop 2 Shop Stores, Inc. Natural Grocery files an appeal with the United States Supreme Court. The Court does not hear the case. This
means that the Montana court's decision is the law in Montana.
The Regional Counties Commission approves a new property tax measure, and the professors and students at State Law School publish the results of their most recent legal research. Sources of law include
measures approved by governing bodies.
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
mediation
To resolve a dispute in nonbinding arbitration, Alyson in Baltimore and Chuck in Denver utilize E-Resolve, an online dispute resolution (ODR) service. This limits these parties' recourse to the courts
not at all.
Pad, Pod & Phone Accessories LLC (3PA) makes "PacBacs," a famous brand of cases for electronic devices. Without 3PA's consent, Offshoot Rip-Offs Inc. begins to use "pacbacs" as part of a domain name. 3PA files a suit against ORO. Service of process for this suit must provide
notice of the lawsuit.
The members of Citizens Aware believe that a recently enacted federal law is unconstitutional. They write and sign a petition to the government to repeal the law, refuse to obey the law, and stop others from complying with the law. Under the First Amendment, citizens have a right to
petition the government.
Marie 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.
Sustainable Agro Corporation regularly expresses opinions on political issues, including whether to ban the use of genetically modified organisms (GMOs). Under the First Amendment, corporate political speech is
protected.
There are no precedents on which the court deciding the case Standard Resource Co. v. Topline Inventory, Inc ., can base its decision. The court can consider, among other things,
public policy or social values.
Service Employees International Union and Timberline Products, Inc., have their dis-pute resolved in arbitration. The arbitrator arbitrates issues that the parties did not agree to submit to arbitration. This is a ground for a court to
set aside the award.
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
standin
Coffee Klatch Party Group, a political organization, files a claim to challenge a Delaware statute that limits the liberty of all persons to broadcast "annoying" radio commercials. This claim is most likely based on the right to
substantive due process.
Kent's witness Lois is not an expert in the matter about which she is being questioned. Lois can
testify only about what she personally observed.
A decision by the federal Environmental Protection Agency (EPA) on the amount of carbon that can be emitted from a car's exhaust system conflicts with a California state law. In this situation, under the supremacy clause,
the EPA's decision takes precedence.
Laredo loses his suit against McLain in a North Dakota state trial court. Laredo appeals to a state intermediate court of appeals and loses again. Laredo would appeal next to
the North Dakota Supreme Court.
Zoom In, Inc. is engaged in the business of coding, with an emphasis on Internet marketing, business apps, and intra-corporate networks. In all of Zoom In's business activities, it is subject to United States laws and regulations. The basis for all law in the U.S. is
the U.S. Constitution.
In an action against Gina, Harry obtains a remedy . This is
the legal means to recover a right or to redress a wrong.
Farmers Pantry Products Inc. and Market Grocers LLC dispute a term in their contract. If Farmers Pantry and Market Grocers have a long-standing business relationship that they would like to continue, they may prefer to settle their dispute through mediation because
the process is not adversarial.
Congress enacts a statute, the Federal Deposit Insurance Corporation (an administrative agency) issues rules, the Southeast Financial Institutions Association (a private organizations) issues instructions, South Valley Bank posts a memo with orders for its employees, and Tina tells her co-worker about a recent news story. Sources of law include
the rules issued by federal administrative agencies.
A statute enacted by the Arizona state legislature to regulate trucking affects interstate commerce. In evaluating this statute, the courts will balance the burden that it imposes on interstate commerce against
the state's interest in regulating the matter.
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
the summons.
Brad, a citizen of California, obtains a federal license to operate a commercial fishing boat in a certain area off the coast. The California state legislature enacts a law that bans all commercial fishing in that area. The state law most likely violates
the supremacy clause.
Lake City enacts an ordinance that bans the distribution of all printed materials on city streets. Mac opposes the city's latest "revenue-enhancing" measure and wants to protest by distributing handbills. In his suit against Lake City, a court would likely hold the ban on printed materials to be
unconstitutional under the First Amendment.
Rupert is a victim of Sara's violation of a criminal law. Criminal law is concerned with
wrongs committed against the public as a whole.