ORU Business Law 1 Exam 1 Review

The Bay City Planning Department, the Coastal County Zoning Commission, the California Environmental Quality Agency, and the U.S. Bureau of Land Management issue regulations. These rules constitute​

Administrative Law

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

The Alternative Energy Association would like a certain law enacted, administered, interpreted, and enforced in the best interest of its members, which include solar power companies. Under the Constitution, Congress

Enacts the laws

The amount in controversy in a diversity of citizenship case must be more than $1 million before a federal court can take jurisdiction. (T/F)

False

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.

Martin Luther King, Jr. played a singular role in the most significant social movement in the history of the United States—the Civil Rights Movement. King has been chronicled in books and movies, and is featured on mementoes, some of which are offered for sale by PriceMart Corp. Under the principles discussed in "A Sample Court Case," Rosa and Raymond Parks Institute for Self-Development v. Target Corp., PriceMart's sale of these items most likely​

Is a qualified privilege

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

Mountain States Trucking wants to initiate a suit against Open Pit Mining Corporation by filing a complaint. The complaint should include a statement alleging the facts establishing​

Mountain's basis for relief

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

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

Oklahoma enacts a law requiring all businesses in the state to donate 10 percent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level. Price-Lo Stores files a suit to block the law's enforcement. The court would likely hold that this law violates​

The establishment clause

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

The First Amendment prevents limits from being placed on independent political expenditures by corporations.​ (T/F)

True

Garvey files a suit in a state court against Hi-Rise Apartments. At the conclusion of Garvey's case, Hi-Rise files a motion asking the judge to direct a verdict for the defendant on the ground that Garvey has presented no evidence to support his claim. This is a motion for

a judgment as matter of law

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

Jessie, an employee of Kim's Restaurant, believes that her employer has violated her rights in the workplace. Larson argues that a Metro City government agency has imposed a ordinance that violates his rights under the U.S. Constitution. The branch of law dealing with the definition and enforcement of all private or public rights is​

civil law

The commerce clause's express grant of exclusive authority to regulate commerce that substantially affects trade and commerce among states is referred to as​

the dormant aspect.

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.

Adult Shop in Bay City sells a variety of publications, including child pornography. Bay City enacts an ordinance prohibiting the sale of such materials. This ordinance is most likely​

​constitutional under the First Amendment.