exam 1

An administrative legislative rule is not legally binding on businesses

Face

Appellate courts must accept all appeals .

False

Merely advertising a product online is never enough to avail your company to jurisdiction of that state

False

for example , is an agency within the US Department of Health and Human Services

Food and Drug Administration

A controlling precedent is any legal authority or source of law that a court may look to for guidance but need not follow when making its decision

True

A federal court will apply federal law when hearing a case involving a federal question

True

A federal statute applies only to those states that agree to apply it within their borders .

True

An electronic court filing system allows parties to file litigation - related documents via electronic means in most states .

True

The UCC is a uniform law that most states have adopted to govern commercial transactions .

True

The common law is a body of law developed from judicial decisions

True

When concurrent jurisdiction exists , the parties may choose to bring the case in state or federal court

True

When there is a direct conflict between a federal law and a state law , both laws are rendered invalid

True

Jason , a citizen of Kansas , wants to file a suit against Lora , a citizen of Michigan . Their diversity of citizenship may be a basis for

a federal court to exercise jurisdiction

Each court has a jurisdiction . Jurisdiction is best defined as

a situation giving a person a right to initiate a judicial proceeding

Pros in Politics , a bookstore in Capitol City , sells publications that criticize government actions and policies . The city enacts an ordinance prohibiting the sale of interest of preserving public tranquility . This ordinance n most likely contenutional under the First Amendment

an unconstitutional restriction of speech

The state of Ohio can regulate building contractors , and building codes in the state under its

commerce power

Under the U.S. Constitution , Congress has the power to regulate

every commercial enterprise in the United States .

Choose the activities that are a part of discovery : ( choose all apphicable answers )

interrogatones depositions

A constitution sets forth a government's

limits and powers .

will be granted only if there are no genuine questions of fact , and the sole question is a question

motion for summary judgment

One party wants to file a suit against another . For a court to hear the case ,

the court must have jurisdiction over the parties , as well as the subject matter at issue .