Govt / Law

The Uniform Commercial Code facilitates commerce

among the states

Doing business within a jurisdiction is not enough for most courts to compel a defendant to appear.

false

Speech can be subject to reasonable restrictions.

true

The basis of all law in the United States is

The US constitution

To prepare for a trial between Sky Quest Inc. and Telescope Company, the plaintiff's attorney places the defendant's chief executive officer (CEO) under oath. A court official makes a record of the attorney's questions and the CEO's answers. This is

a deposition.

Fitch files a suit in a state court against Gas Stop, claiming employment discrimination. Gas Stop loses the suit and appeals. After the state's highest court's review of Fitch v. Gas Stop, either party can appeal the decision to the United States Supreme Court if

a federal question is involved.

Sportsfield Inc. files a suit against Tailgate Services. Before the trial, during the jury selection process, Sportsfield's attorney asks, without providing any reason, that one of the potential jurors not be sworn in. This is

a peremptory challenge.

The Bill of Rights embodies

a series of protections for the individual against government action

In Peyton v. Quality Motors, a state supreme court held that a minor could cancel a contract for the sale of a car. Now a trial court in the same state is deciding Rikki v. Street Deals, Inc., a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to

allow the minor to cancel the contract.

Ginny and Haruto present their case to an Idaho state court for resolution. The court defers to a different Idaho court's findings of fact in the case, and focuses on the application and interpretation of the law to the dispute. The court currently deciding Ginny and Haruto's dispute is

an appellate court.

Book Stop, a bookstore in Capital City, sells publications that criticize government actions and policies. The city enacts an ordinance prohibiting the sale of such materials in the interest of preserving public tranquility. This ordinance is most likely

an unconstitutional restriction of speech.

Mind Games Inc. markets a variety of shooting, fighting, and hunting video games. A state statue is enacted to require all game makers to label any games with an option to kill something as "excessively violent." A court would likely hold this regulation to be

an unconstitutional restriction of speech.

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 objective.

The concept of venue reflects the policy that a court trying a case should

be in the geographic neighborhood of the incident or parties in dispute.

Primary sources of law include

case law

The classification of law that concerns the rights and duties that exist between persons and between citizens and their government is

civil law

In Roadwork Company's suit against Street Fronts Inc., the jury returns a verdict in the plaintiff's favor. Roadwork will now most likely ask the court to

enter a judgment in accordance with the verdict.

In Rebuild Company's suit against Structural Engineers Inc., the plaintiff wants to introduce evidence that it claims is relevant. This is evidence that

establishes the degree of probability of a fact or action, tends to prove a fact in question, tends to disprove a fact in question, *All of the Above Choices

Shippers Warehouse initiates a suit against Trucking Company by filing a complaint. Trucking Company files a motion to dismiss, which asserts that

even if the facts in the complaint are true, the defendant is not liable.

Kari and Lillian, who are citizens of Mississippi, are involved in a case related to the adoption of their child. Over this case, Mississippi state courts have

exclusive jurisdiction.

Nayda retains Olin, an attorney, on a contingency-fee basis to seek damages in a personal-injury suit against Price-Mor Stores Inc. Nayda does not win her case. She must pay

expenses related to the case, but not Olin's fee.

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

false

A choice-of-law clause permits a party to choose which nation's law to apply to a dispute arising under an international contract.

false

A court's review of an arbitrator's decision is the same in scope as an appellate court's review of a trial court's decision.

false

A default judgment is a judgment entered by a court in a case in which neither party prevails.

false

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

false

A party does not need to have legitimate grounds to appeal a trial court's decision.

false

A prevailing party has no right to appeal a trial court's decision, even if, for example, the party receives a smaller monetary award than sought.

false

A request for admission can lengthen a trial because the parties have to take the time to prove facts on which they may already agree.

false

A resident of one state, when in another state, can be denied the privileges and immunities of that state for any reason.

false

A secondary source of law establishes the law on a particular issue.

false

A state may not restrict certain kinds of advertising, even in the interest of preventing consumers from being misled.

false

A statute is a secondary source of law.

false

An appellate court will not challenge a trial court's finding of fact, even if the finding is clearly erroneous.

false

Appellate courts have no discretionary power to reject an appeal—appellate courts must accept all appeals.

false

Because laws may change, the ability to analyze and evaluate the legal ramifications of situations as they arise is not a lasting skill.

false

Because the Internet is international in scope, no party to an online dispute resolution proceeding can appeal to a court at any time.

false

Before a trial begins, the jury renders a preliminary verdict to indicate to the attorneys what they must attempt to prove during the course of the trial.

false

Civil law has to do with wrongs committed against society for which society demands redress.

false

Compartmentalizing the law into discrete topics indicates that each business transaction is subject to only one specific area of the law.

false

Discovery is the process of serving a summons and a copy of a complaint on a defendant.

false

Equal protection means that the government must treat all individuals the same.

false

Even if it conflicts with the U.S. Constitution, a state constitution is supreme within that states' borders.

false

Failing to strictly follow the procedural rules and standards for determining disputes in courts is not likely to affect the outcome in a particular case.

false

Federal agency regulations do not take precedence over conflicting state regulations.

false

For purposes of diversity jurisdiction, a corporation is not considered a citizen of any particular state.

false

If a restriction imposed on speech by the government is content neutral, then a court will not allow it.

false

In a case based on diversity of citizenship, a federal court will apply to the dispute the law of all of the jurisdictions of the parties.

false

In a criminal case, the object is to obtain a remedy.

false

In considering a trial court's judgment, an appellate court bases its opinion on its de novo review of the evidence.

false

In situations involving fundamental rights, a law that rationally relates to a legitimate government end will be struck down

false

Judicial review is the process through which Congress approves or rejects judicial appointments.

false

Jurisdiction refers to the right of a citizen to bring a case before a court.

false

Most states encourage or require parties to undertake a trial before alternative dispute resolution.

false

Negotiation requires the use of a neutral third party to facilitate a settlement.

false

Nonverbal expression of belief is not a constitutionally protected form of expression.

false

On appeal of a court's grant or denial of a motion for summary judgment, the appellate court must defer to the trial court's ruling on the issue.

false

Only the United States Supreme Court exercises the power of judicial review.

false

Privacy rights receive no protection under federal law.

false

Pro se representation refers to the attorneys that parties hire to represent them in court.

false

Testimony by a party in court in support of a statement made by someone else who testified is referred to as gainsay evidence.

false

The Fifth Amendment allows persons to be deprived of property without due process of law.

false

The U.S. Constitution divides powers among four branches of government.

false

The commerce clause has had no greater impact on business than any other provision in the Constitution.

false

The commerce clause has never been held to support the federal regulation of noncommercial activities that take place wholly within a state's borders.

false

The free exercise clause prohibits the government from passing laws that have any impact on religion.

false

There are no international conventions or treaties to assist in the enforcement of arbitration clauses because their enforcement is a national domain.

false

There is one right answer to every legal question.

false

To meet the standard of proof of preponderance of the evidence, a party must prove its case beyond a reasonable doubt.

false

To use arbitration as a method of dispute resolution, the parties must agree to arbitrate any dispute before it arises.

false

Under the privileges and immunities clause, the federal government has the power to regulate commercial activities among the states.

false

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

false

With a motion to strike, a party asks a court for permission to delay the start of a trial in protest of certain aspects or conditions of the plan of litigation

false

Without a jury, there is no one to determine the truth of the facts alleged in a case.

false

Rory, the chief executive officer of Spout Off Inc., a website for short rants, claims that certain state and federal government actions infringe on rights guaranteed by the Bill of Rights. Most of these guarantees have been held to limit

federal and state actions.

Recreation Corporation files a suit against Spring Break Tours Inc. and seeks to examine certain documents in the defendant's possession. A legitimate reason for this examination is that the documents contain

information that is relevant to the case.

Secondary sources of law include

legal scholars' research.

A constitution sets forth a government's

limits and powers

Jill and Kane, with their attorneys, meet to try to resolve a dispute. A neutral third party works with both sides and proposes a solution, but does not make a decision resolving the matter. This is

mediation

At one time, a court of law could grant as a remedy only

monetary damages.

Liz and Moss disagree over the amount due under their contract. To avoid involving a third party in the resolution of their dispute, Liz and Moss could resolve their dispute through

negotiation

Under the First Amendment, in comparison with noncommercial speech, the protection given commercial ads is

not as extensive.

Franco files a suit in a federal district court against Greta. Franco loses the suit, appeals to the U.S. Court of Appeals for the Ninth Circuit, and loses again. Franco asks the United States Supreme Court to hear the case. The Court is

not required to hear the case.

In a civil case, the object is to

obtain a remedy to compensate the injured party.

During the trial of a suit concerning liability for an accident involving Cartage Ltd. and Docking Inc., the plaintiff's attorney presents evidence from Emma, a commercial accident reconstruction specialist. With respect to the evidence in the case that falls within Emma's field, she can

offer her opinions and conclusions.

Pharma Corporation expresses opinions on political issues through its financial contributions to political action committees and other groups. Under the First Amendment, Pharma's "expression" is most likely

protected

In response to a discovery request by Bakery LLC, the plaintiff in a pending suit against Cinnamon Rolls Inc., the defendant delays a response to gain time to alter some of the data. Subject to possible sanctions, this is

spoliation.

Laws enacted by legislative bodies at any level of government make up the body of law generally referred to as

statutory law.

The federal government has the power to regulate commercial activities among the states under

the commerce clause

Carly files a complaint against Delivery Corporation, charging that she has not been paid and wants to recover the unpaid amount, plus interest. The complaint and a summons will most likely be served on

the corporation's registered agent.

Generally, given the broad language of the Constitution, the line between state and national powers is often determined by

the courts

Believing that a higher, or universal, law exists that applies to all human beings, and that each written law should reflect the principles inherent in this higher law, is

the natural law tradition

The Appellate Division of the New York Supreme Court issues an opinion that can be found at 157 A.D.3d 486, 69 N.Y.S.3d 26. "157" is

the number of the volume in the official reports of the court's decisions

When Lara and Mick cannot resolve their dispute amicably, Lara initiates a lawsuit against Mick. Lara is

the plantiff

The term checks and balances refers to the system under which

the powers of government are divided among its branches, each of which exercises a check on the actions of the others.

In a case based on diversity of citizenship, a court will apply

the relevant state law.

Administrative law includes

the rules, orders, and decisions of a government agency

A decision on a question of state law is final when

the state's highest court make the decision.

A federal form of government is one in which the national government shares sovereign power with

the states

A complaint contains a brief summary of the facts necessary to show the party filing the complaint is entitled to relief.

true

A constitution is a primary source of law.

true

A corporation's compliance with the laws of any jurisdiction in which it does business is complicated by the fact that those laws can be very different.

true

A defendant's motion for a directed verdict, if granted by the court, can end a trial before the defendant presents witnesses.

true

A federal court will apply federal law in a case involving a federal question.

true

A law that that limits a fundamental right may be held to violate substantive due process.

true

A motion for summary judgment can assert that the plaintiff failed to state a claim for which the court can grant relief.

true

A question of law is generally the focus of an appellate court.

true

An appellate court can modify a trial court's decision, in whole or in part.

true

Arbitration differs from other forms of alternative dispute resolution in that a third party hearing a dispute makes a decision for the parties.

true

Because the Internet is international in scope, it raises international jurisdictional issues.

true

Because the courts have defined interstate commerce broadly, arbitration agreements only slightly connected to interstate commerce may be enforced.

true

Before a lawsuit is initiated, a plaintiff should consider whether the defendant is able to pay the damages sought.

true

Congress or a state legislature establishes an administrative agency to perform a specific function.

true

Controlling precedents are binding authorities.

true

Corporations enjoy many of the same rights and privileges as natural persons do.

true

Electronic discovery can reveal significant facts that are not discoverable by other means.

true

Failure to preserve electronic evidence sought by the opposing party in a case can force a company to agree to a settlement that is not in the firm's best interest.

true

In a response to an allegation of a defendant's negligence, the defendant's assertion of the plaintiff's negligence is an affirmative defense.

true

In the United States, the law consists of written laws and court decisions.

true

Laws would have no discernible meaning without the courts to interpret them.

true

Multinational corporations agreeing to resolve a dispute through a formal hearing before a panel of experts is a method of alternative dispute resolution.

true

Often, more than one rule of law will be applicable to a case.

true

Parties to international business transactions should include certain clauses, including arbitration clauses, in their contracts to avoid added complexity in related legal proceedings.

true

Picking a jury is an important aspect of litigation strategy.

true

Preemption occurs when Congress chooses to act exclusively on a subject over which the federal government shares power with the states.

true

Rescission is the cancellation of a contractual obligation.

true

Rules issued by administrative agencies affect almost every aspect of a business's operations.

true

State regulatory powers are often referred to as police powers.

true

That a favorable court decision will be likely to remedy an injury is an element of standing.

true

The U.S. Constitution is the basis of all law in the United States.

true

The United States Supreme Court has held that a constitutional right to privacy is implied by several of the amendments in the Bill of Rights.

true

The amount of business a corporation does within a state can serve to subject or exempt the firm from that state's jurisdiction.

true

The basis of a civil law system is a written code of laws.

true

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

true

The doctrines and principles announced in court decisions govern all areas not covered by statutory or administrative law.

true

The dormant commerce clause comes into play when state regulations affect interstate commerce.

true

The first ten amendments to the U.S. Constitution are commonly known as the Bill of Rights.

true

The legal rules that control a business's actions reflect past and current thinking about how similar businesses should and should not act.

true

Under the Ninth Amendment, people have rights in addition to those specified in the Constitution.

true

Under the full faith and credit clause, any judicial decision in one state with respect to contract rights will be honored and enforced in all states.

true

When concurrent jurisdiction exists, the decision of whether to litigate in a federal or state court can be affected by the availability of different remedies.

true

When religious practices work against public policy, the government can act.

true

A challenge to the constitutionality of an executive order that limits certain state actions is

within the power of judicial review.