Business Law Quiz 1

copyrights

Federal courts have exclusive jurisdiction over cases involving:

federal questions

Federal courts have the judicial power to hear most cases involving:

life

Federal judges are appointed for:

plaintiff goes first since she has the burden of proving that her arguments are correct

Following the opening statements at a trial, the:

beyond a reasonable doubt that the person committed the crime

For a person to be found guilty under a criminal statute, the jury must find the evidence presented demonstrates:

morals

Generally accepted rules of correct conduct within the standards of a society are:

presume the claims of the plaintiff are true and grant the plaintiff the relief requested in the complaint

If a defendant does not respond to the plaintiff's complaint the court will:

declares a mistrial

If a jury cannot reach a verdict, the judge:

a protective order

If one party to a lawsuit requests the production of documents that would expose a trade secret, the party against whom the request is made may procure the following to ensure the confidentiality of the secret:

grants a writ of certiorari

If the U.S. Supreme Court accepts a case on appeal it:

summary judgment

If the parties to a case agree as to the facts of the dispute, before trial, either party may ask the judge to apply the law to those facts and resolve the dispute. This is a request for:

all of the answers are part of the role of law

In an orderly society, law and the legal system help to:

there is a federal system and a similar system of trial and appeals courts in each state

In the American court system:

civil or criminal

Law may be classified on the basis of whether it is:

ALL CHOICES ARE CORRECT disagreements are inevitable and laws is an attempt to settle disputes in a peaceful manner disagreements are inevitable and law is a force that constrains people within a society disagreements are inevitable and law provides social rules to govern behavior

Laws are important in societies made up of people with differing desire and values because...

$75,000

Litigation in federal court often involves parties from different states. In addition, at least how much in dollar terms must be in controversy for a case to be heard in a federal court?

the U.S. district courts

Most cases involving questions of federal law originate in:

confirmed by the Senate

Most federal judges must be both appointed by the President and:

twelve

Not counting the Federal Circuit, there are ____ geographically-based U.S. circuit courts of appeals.

racial discrimination

One example of the law working to effect social change in the U.S. is in the area of:

ALL ARE CORRECT local politics may influence one court the law may be more favorable in one court the procedure may be more favorable in one court the judge may be more favorable in one court

Parties to a suit may prefer state or federal court because:

judges use decisions from earlier cases for guidance in legal principles to solve cases

Precedent is when:

sets forth rules governing the legal relationships among members of society

Private law:

the proper place where a lawsuit is heard

Proper venue refers to:

personal performances

Remedies involving specific performance are unlikely in cases involving:

personal service

Service of process (summons) is traditionally achieved by:

limited jurisdiction

State courts such as municipal courts or probate courts are called courts of:

would not be subject to the jurisdiction of the Illinois courts

Suppose a business in Georgia sets up a web site advertising its services. A competitor company in Illinois sues the Georgia firm in Illinois court, claiming that the service being offered is a sham that injures the Illinois firm. The Georgia company:

an administrative agency

The Environmental Protection Agency is an example of:

selects appeals at the Court's discretion

The Supreme Court:

England

The U.S. common law originated in:

three-level

The federal court system is a(n) ____ system:

the complaint

The first pleading is commonly called:

ALL ANSWERS ARE CORRECT enforces laws enacted by legislative bodies reviews actions taken by the executive branch all of the other choices are possible contributes to the development of the common law

The judiciary:

defendant that the law furnishes no remedy for plaintiff's claimed injury

The motion to dismiss for failure to state a claim or cause of action (a demurrer) is an allegation by the:

the common law

The original or oldest source of law in this country is:

jurisdiction over the defendant

The party bringing a lawsuit must choose a court with:

stare decisis

The practice of deciding court cases by referring to earlier decisions is known as:

does not have to be exercised

The right to a jury trial:

the legal system can bring about changes in "acceptable" behavior

The shift from laws of the past that required discrimination based on race to laws of today that prohibit discrimination based on race show how:

corporate compliance programs

To help create an improved internal ethical environment many companies now use:

serve for a fixed term

Unlike federal judges, most state judges:

in personam jurisdiction

When a court has power over the person who is the defendant of a lawsuit, it is called:

discretion of the court

When a court system has two levels of appellate courts, appeal is usually a matter of right at the first level and ____ at the second level.

state courts may not try cases on that matter

When a federal court has exclusive jurisdiction over a matter:

must give notice to the defendant by service of process

When a plaintiff files a suit against a defendant, plaintiff:

pleadings, discovery, pretrial, trial, appeals

Which is the correct order of stages for a typical lawsuit:

ALL ARE CORRECT assumption of risk contributory negligence self-defense

Which of the following is an example of an affirmative defense:

ALL ARE CORRECT informal rules social customs ethics formal rules

Which of the following is not a part of the rules that govern behavior in most nations:

law imposes structure on society by limiting activities that hurt the "public interest"

Which of the following statements is true?

present their arguments to the appellate court

Written briefs and oral arguments are both methods through which parties:

the fundamental law of the land

A constitution is best described as:

the limits within which it may declare, administer, or apply the law

A court's jurisdiction defines:

in personam jurisdiction

A court's power over the person of the defendant is referred to as

ALL ARE CORRECT a counterclaim none of the specific choices are proper at this stage of the proceedings a motion to dismiss

A defendant must file a responsive pleading to a complaint filed by a plaintiff. The defendant may file which of the following:

simplify issues and plan the course of the trial

A major purpose of pretrial conferences is to:

arbitration

A means of settling disputes, under which parties submit the matter to a neutral third party of their choosing to resolve the dispute by issuing a binding decision is called:

a third party who helps parties to a dispute to reach a solution by coming up with an acceptable agreement

A mediator is:

ALL ARE CORRECT enact regulations supervise compliance with regulations adjudicate violations of regulations

Administrative agencies can:

to go to trial

After completion of the discovery process the case is ready:

discovery stage

After the initial exchange of pleadings, litigation enters the:

a copy of the complain

Along with a summons, the plaintiff serves the defendant with...

are subject to the laws of the country in which it does business

American firms doing business in other countries:

overrides any state or federal laws that go beyond what the Constitution permits

As the highest legal authority, the United States Constitution:

move for a summary judgment

At the close of discovery, either party may:

decide who the rightful owner is because the property is located in Illinois

Because of in rem jurisdiction, if Illinois resident Andy sues Alabama resident Carol over a Illinois property dispute and Carol refuses to respond, the Illinois court may:

closing (final) arguments

Before the case goes to the jury, the attorneys of both parties present:

subject-matter jurisdiction

Besides having personal jurisdiction over a case, the court must also have:

ALL ARE CORRECT encourage certain types of business activity change acceptable behavior impose sanctions to try to eliminate certain business activities instruct people on what is allowed in certain circumstances

By the use of laws and the legal system, the government can:

give injured parties a sum of money to restore them to the economic position they were in before the injury

Compensatory damages are intended to:

The fundamental law of the nation is the:

Constitution

contract law

Contrasted with public law, an example of private law is:

concerns legal wrongs or crimes committed against the state

Criminal Law

sworn, in-person testimony of a witness recorded by a court reporter

Depositions are:

the tools of discovery

Depositions, written interrogatories, orders for production of documents and requests for admissions are all examples of: