BUL3320 Quiz 1

For purposes of diversity of citizenship, a corporation is a citizen only of the state in which it is incorporated. True False

False

When all the judges (or justices) agree on a decision, a majority opinion is written for the entire court. True False

False

Written questions that one party sends to the other to answer under oath are depositions. True False

False

Procedural law consists of all laws that outline the methods of enforcing rights. True False

True

The Florida legislature passes a law regarding the name of a corporation. This law becomes a part of the body of law known as statutory law. True False

True

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

True

The decision of a state supreme court is binding on a lower state court located in the state. True False

True

The use of additional evidence distinguishes the motion for summary judgment from the motion for judgment on the pleadings. True False

True

To have standing to sue, a party must have complaining sufficient stake in a matter. True False

True

Under the authority of a long arm statute, a court can exercise personal jurisdiction over certain out-of-state defendants. True False

True

Elaine and Jack enter into a contract for the sale of a car, but Jack later refuses to deliver the car. Elaine asks a court to order Jack to perform as promised. Ordering a party to perform what was promised is: rescission. damages. beyond the court's authority. specific performance.

specific performance.

The party against whom a lawsuit is brought is the plaintiff or petitioner. True False

False

Courts of appeals conduct new trials in which evidence is submitted to the court and witnesses are examined. True False

False

Union organizers at a hospital wanted to distribute pamphlets to potential union members, but hospital policies prohibited this activity in areas of patient care, cafeterias, hallways, and areas open to the public. The National Labor Relations Board (NLRB), a governmental agency, rules that these policies were violating the law and ordered the hospital to allow the activities in the cafeteria. What kind of law is the NLRB creating? Constitutional Amendment. Common law. Administrative. Statutory.

Administrative.

Decisions by higher courts are not binding on lower courts. True False

False

A counterclaim is raised by a plaintiff against a defendant's answer. True False

False

A decision by the United States District Court for the Middle District of Florida would be appealed to the Ninth Circuit Court of Appeals. True False

False

After both sides have rested their cases, only the plaintiff's attorney makes a closing argument. True False

False

At the beginning of a trial, only the defendant's attorney makes an opening statement. True False

False

Courts are not obligated to follow precedents. True False

False

In mediation, the mediator proposes a solution and makes a decision resolving the dispute. True False

False

In most legal controversies, there is one single correct result. True False

False

Interrogatories are written questions for which written answers are prepared by a judge. True False

False

Minimum contacts with a jurisdiction are never enough to support jurisdiction over a nonresident defendant. True False

False

Stare decisis is a doctrine obligating judges to help persons who have failed to protect their own rights. True False

False

The complaint is the court order that notifies the defendant of the lawsuit and explains how to respond. True False

False

The federal courts are superior to the state courts. True False

False

The 1803 case Marbury v. Madison established what power for a court? Supremacy clause. Commerce clause. Separation of powers. Judicial review.

Judicial review.

Steve and Gary are next door neighbors. Steve's poodle digs under Gary's fence and does $1,000 in damage to Gary's fence. Steve refuses to pay for the damage, claiming that Gary's cats "have been digging up my yard for years." The two argue constantly and the relationship turns cold. Of the following choices, which has no outside decision maker and is most likely to allow the neighbors to peacefully coexist after working out the dispute? Arbitration. Trial. Neutral Party Resolution. Mediation.

Mediation.

Neville files a suit against Olina. If Olina fails to respond, Neville will not be awarded the remedy sought. Neville must appeal the case to a different court. Olina will have a default judgment entered against her. Olina's failure to respond will be considered to be a denial.

Olina will have a default judgment entered against her.

Which of the following is true regarding the use of peremptory challenges based on gender? Only one peremptory challenge per party may be based on gender. Peremptory challenges may be based on gender only so long as lawyers for all parties agree. Peremptory challenges may be based on gender. Peremptory challenges may not be based on gender. Peremptory challenges may not be based on gender unless a sexually based crime, such as rape, is involved.

Peremptory challenges may not be based on gender.

Which of the following is true regarding the use of peremptory challenges based on gender? Peremptory challenges may be based on gender. Peremptory challenges may not be based on gender. Only one peremptory challenge per party may be based on gender. Peremptory challenges may be based on gender only so long as lawyers for all parties agree. Peremptory challenges may not be based on gender unless a sexually based crime, such as rape, is involved.

Peremptory challenges may not be based on gender.

Kant's Categorical Imperative theory states that individuals should evaluate their actions in light of the consequences that would follow if everyone in society acted in the same way. True False

True

Litigation is the process of resolving a dispute through the court system. True False

True

A court can exercise jurisdiction over property that is located within its boundaries. True False

True

A court's review of an arbitrator's award may be restricted. True False

True

A judge instructs a jury in the law that applies in a case. True False

True

Before a lawsuit begins, the court must have proof that the defendant was notified of the lawsuit. True False

True

Concurrent jurisdiction exists when both federal and state courts have the power to hear a particular case. True False

True

Discovery is the process of obtaining information from an opposing party before trial. True False

True

Federal agency regulations take precedence over conflicting state agency regulations. True False

True

Glenn lives in Florida. He applies for a job with a North Carolina company. Glenn is told, amazingly, that the job is only open to a white applicant. He will now sue the North Carolina company under the federal statutes, the Civil Rights Act. Can Glenn sue in federal court? No, he must sue in Florida state court. Yes, absolutely. Yes, but only if the North Carolina company is agreeable to the lawsuit being heard in federal court. Otherwise, Glenn must sue in Florida state court. Yes, but only if Glenn is seeking damages of at least $75,000. Otherwise, he must sue in Florida state court.

Yes, absolutely.

A default judgment will be entered if _______________? a plaintiff presents his evidence at trial and clearly fails to meet her burden of proof. a plaintiff fails to file the response to the counterclaim. a defendant loses a lawsuit and does not pay the judgment within six months. a defendant does not answer a plaintiff's complaint on time.

a defendant does not answer a plaintiff's complaint on time.

In preparation for a trial between Chuck and Coastal Construction Corporation, Coastal's attorney places Chuck under oath and asks Chuck questions that are recorded by a court reporter. This is known as: request for admission. Voir dire. an interrogatory. a deposition.

a deposition.

To prepare for a trial between SmartPhones, Inc., and TechApps Company, TechApps' attorney places SmartPhones' 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 cross-examination. an interrogatory. a deposition. voir dire.

a deposition.

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 judgment in accordance with the verdict. a judgment on the pleadings. a new trial. judgment n.o.v.

a new trial.

The St. Pete City Planning Department, the Coastal County Zoning Commission, the Florida Environmental Quality Agency, and the U.S. Bureau of Land Management issue regulations. These rules constitute: administrative law. stare decisis. statutory law. case law.

administrative law.

The burden of proof at a civil trial is to prove a case _______________________. The burden of proof rests with ______________________. beyond a reasonable doubt; defendant by a preponderance of the evidence; defendant by a preponderance of the evidence; plaintiff beyond a reasonable doubt; plaintiff

by a preponderance of the evidence; plaintiff

Dora sues Diego. While presenting her case, Dora's attorney calls Dora's doctor to the witness stand. The questioning of the witness at this point in the trial is known as: interrogation. cross examination. direct examination. a request for production.

direct examination.

Fresh Harvest Company, which is based on Georgia, packages and sells vegetables. Hayden, who is a resident of Indiana, buys a Fresh Harvest product, eats it, and suffers severe food poisoning. Hayden wants to file a suit against Fresh Harvest. The diversity of citizenship between these parties means that: federal courts have exclusive jurisdiction. federal and state courts have concurrent jurisdiction. no court has jurisdiction. state courts have exclusive jurisdiction.

federal and state courts have concurrent jurisdiction.

As a judge in a federal court, Christine can decide, among other things, whether the laws or actions of the executive and legislative branches are constitutional. The process for making this determination is known as: early neutral case evaluation. judicial review. jurisdiction. venue.

judicial review.

A Maryland state court can exercise jurisdiction over National Insurance Corporation, an out-of-state company, if the firm has: maximum contacts with the state. minimum contacts with the state. no contacts with the state. medium contacts with the state.

minimum contacts with the state.

Kenny's Kitchen Remodel, Inc., brings a suit, seeking a remedy at law. A remedy at law is: a judicial proceeding for the resolution of a dispute. monetary damages. a decree of specific performance. an injunction.

monetary damages.

The Pennsylvania legislature enacts a state law that violates the U.S. Constitution. This law can be enforced by: the federal government only. the state of Pennsylvania only. no one. the United States Supreme Court only.

no one.

Arnold loses his suit against Patty in a Colorado state trial court. Arnold appeals to a state intermediate court of appeals and loses again. Arnold would appeal next to: the United States Supreme Court. a U.S. district court. the Colorado Supreme Court. the U.S. Court of Appeals for the Ninth Circuit.

the Colorado Supreme Court.

A provision in the California state constitution conflicts with a provision in the U.S. Constitution. If challenged: neither provision will be enforced. the U.S. Constitution, not the state provision, will be enforced. the state provision, not the U.S. Constitution, will be enforced. the provisions will be balanced to reach a compromise.

the U.S. Constitution, not the state provision, will be enforced.

Lewis wants to file a suit against Mikayla. Before any court can hear the case: the parties must own property. the court must have jurisdiction. the parties to the dispute must agree. the court must issue a deposition

the court must have jurisdiction.

Jane enters into a contract with Jill to provide 100 roses for a dinner party. Jill fails to deliver the roses. Jane initiates a suit against Jill, asking the court to order Jill to refund Jane's payment. Jane is: the plaintiff. the persuasive authority. the binding authority. the defendant.

the plaintiff.

During the trial phase of Soft Drink Soda Corporation's suit against TimeOut Convenience Stores, Inc., their attorneys engage in voir dire. This is: the determination of the issues to be argued. an assessment of the arguments on the issues. the testimony by a party to the lawsuit or by any witness, recorded by an authorized court official. the selection of jurors.

the selection of jurors.

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 writ of certiorari. the summons. the complaint. the answer.

the summons.

The U.S. Congress enacts a new federal statute that imposes liability on businesses hiring employees without verifying their citizenship status. This statute applies: only to those states that consent to apply it. to none of the states. to all of the states. only to businesses not covered by state law.

to all of the states.