Business Law Chapter 2 Multiple Choice

b

A justice who agrees with the outcome in a case, but not with the reasoning used by the other justices, can issue which type of opinion? a. Agreeing opinion. b. Concurring opinion. c. Dissenting opinion. d. Parallel opinion. e. Adverse opinion.

c

A motion asserting that there are no factual issues in dispute in a trial is known as a: a. Motion for settlement. b. Motion for judgment on the pleadings. c. Motion for summary judgment. d. Motion to intervene. e. Motion for determination.

b

A motion for a change of venue would typically be granted where: a. A court does not have personal jurisdiction over the plaintiff. b. Selection of an impartial jury is unlikely at the original venue location. c. The party losing a case would like a retrial in another location. d. The judge committed errors in a trial. e. The plaintiff but not the defendant requests it.

d

A party who is making a motion for summary judgment is asserting that: a. Most of the factual evidence is in its favor, so that the judge, rather than a jury, should decide the factual disputes. b. The factual disputes are relatively simple and straightforward such that a full-detailed judgment is not necessary in the case. c. The case can be decided solely on the information contained in the complaint and the answer. d. A jury is not needed in deciding the case because there are no relevant facts that are in dispute.

d

An inferior trial court is one that: a. Can hear only matters involving relatively small dollar amounts. b. Has had a larger than normal portion of its decisions overturned on appeal. c. Has an appointed judge rather than an elected judge. d. Can only hear certain kinds of cases. e. Must have all of its decisions approved by a higher court before they become effective.

e

Federal courts have exclusive jurisdiction to hear what kinds of cases? a. Suits against the United States. b. Patent cases. c. Copyright cases. d. Federal criminal cases. e. All of these are correct.

e

Forms of discovery include all but which one of the following? a. Depositions. b. Interrogatories. c. Physical examinations. d. Mental examinations. e. Voir dire.

c

How are judges for the federal courts selected? a. By nationwide election. b. By election by the voters within the state where they preside. c. By the President, subject to confirmation by the Senate. d. By the Supreme Court justices. e. By the sitting federal judges within the same circuit.

c

How are long-arm statutes and forum-selection clauses similar? a. They both eliminate the necessity for a court to have subject matter jurisdiction. b. They both eliminate any requirement that there be a connection between a state and a party over whom that state is attempting to exercise jurisdiction. c. They both can be factors in determining whether or not a state has personal jurisdiction over a defendant. d. They both eliminate the need to meet venue requirements in a case.

d

How is a forum-selection clause related to questions of personal jurisdiction? a. The two are not related at all. b. The forum-selection clause will be valid only if it names a jurisdiction that would have personal jurisdiction over the parties to the contract even in the absence of the forum-selection clause. c. Forum-selection clauses are attempts by some parties to contracts to take away jurisdictional rights from the other party, and are generally found to be invalid. d. A forum-selection clause will specify which courts have personal jurisdiction over the parties to the contract, and for disputes related to the particular contract, the forum-selection clause will control over the general jurisdiction rules. e. Forum-selection clauses are usually enacted by one party to select a jurisdiction most favorable to that party, thus they are effective only if, after a lawsuit has been filed, the defendant in the action agrees to jurisdiction as provided in the clause.

d

How many women have served as justices on the U.S. Supreme Court? a. None b. One c. Two d. Four e. Five

a

In a civil case, which of the following is true about the order of the presentation of the case? a. The plaintiff is first to present, followed by the defendant. b. The defendant is first to present, followed by the plaintiff. c. The judge decides who goes first, which depends on the circumstances of the case. d. The order of presentation is determined by the flip of a coin or other random selection method.

c

In connection with the pleadings in a lawsuit, what is an answer? a. The response of the defendant to questions posed by the judge. b. The response of the plaintiff to questions posed by the judge. c. The response of the defendant to the plaintiff's complaint. d. The response of the judge to the plaintiff's complaint. e. Both A and B are correct.

b

In general, an appellate court might typically reverse which of the following? a. The trial court's findings of fact. b. The trial court's conclusions of law. c. Both of these are correct. d. Neither of these are correct.

c

In most cases, following a decision by the Circuit Court of Appeals: a. The case cannot be appealed further. b. Either party has a right to have the Supreme Court review the merits of the case. c. Either party can request that the Supreme Court review the merits of the case, but the Supreme Court denies this request in most cases. d. Either party can request that the Supreme Court review the merits of the case, with the request being granted unless the Circuit Court of Appeals decision was clearly correct. e. The Circuit Court of Appeals decision must be reconfirmed by the district court where the case was originally tried.

a

Live testimony taken under oath before the actual trial is a discovery device known as a(n): a. Deposition. b. Interrogatory. c. Arbitration. d. Intervention. e. Production of evidence.

c

Mike, an 80-year-old resident of North Dakota, has long wanted to experience driving in New York City during rush hour. He realizes his goal, but gets into an accident with a taxi driver who has never been outside of New York City. The accident causes $24,000 in damage to Mike's Porsche Boxter. Mike wants to sue the taxi driver. Where can Mike file his lawsuit? a. In state or federal court in either North Dakota or New York. b. In state or federal court in New York only. c. Only in state court in New York. d. Only in federal court in New York. e. In federal court in either New York or New Jersey.

a

Most federal circuits of the federal appellate court system are determined based on: a. Geography. b. The subject matter of the case being appealed. c. Whether the case is criminal or civil. d. The amount in controversy in the appeal. e. Whether the appeals come from state or federal courts.

d

Paul and Dan are involved in a traffic accident at an intersection where there is a traffic circle but no posted signs or traffic lights. They are in agreement as to everything that happened in the accident, including the locations of the two cars and the timing of events leading to the accident. Based on their pleadings and on information obtained during discovery, the only dispute they have is the interpretation of the state law affecting who had the right of way when they collided. The appropriate motion for one of the parties to file is: a. Motion for judgment on the pleadings. b. Motion for judgment n.o.v. c. Motion for dismissal. d. Motion for summary judgment.

b

Someone who is not a party to a lawsuit but has an interest in the outcome and therefore wants to become a party to the suit must: a. Await the outcome of this trial and then file a separate action. b. Intervene. c. Interfere. d. Consolidate. e. File a cross-complaint.

e

Tammi Tenant was a university student in Ohio who rented a house from Loretta, who also lived in Ohio. Upon graduation, Tammi moved to Nebraska. Assuming that one party sued the other in connection with the lease after Tammi had moved to Nebraska, which of the following correctly describes the court(s) with jurisdiction over the defendant? If Loretta sued, there would be If Tammi sued, there would be personal jurisdiction over Tammi in: personal jurisdiction over Loretta in: a. Ohio only Ohio only b. Nebraska only Ohio only c. Nebraska or Ohio Nebraska only d. Nebraska or Ohio Nebraska or Ohio e. Nebraska or Ohio Ohio only

a

The Double Diamond Dude Ranch is located in Montana and maintains a Web site on the Internet. Before the Internet, the ranch had relied exclusively on word-of-mouth advertising. The Web site simply provides some general information and lists the ranch's phone number for reservations, but reservations cannot be made online. The ranch has no other connections or presence outside of Montana. Bob lives in Ohio and learned of the ranch through its Web site. Bob then spent a week as a paying guest at the ranch, but was injured when he fell off a horse. Can Bob sue the dude ranch in an Ohio state court? a. No, because the mere ability of an Ohio resident to view the ranch's Internet advertising does not amount to the minimum contacts necessary for personal jurisdiction over the ranch in Ohio. b. No, because the minimum contacts standard simply cannot be met based on Internet activity. c. No, because cases involving residents of two different states must be filed in federal, not state, court. d. Yes, because Bob noticed the advertisement when he was in Ohio. e. Yes, assuming that other Ohio residents had visited the ranch before Bob's visit.

c

The U.S. claims court hears what kinds of cases? a. Any case with claims involving more than one state. b. Civil cases where at least $75,000 is in dispute. c. Cases against the United States. d. Cases where counterclaims have been filed. e. Cases involving disputes in the way an earlier case was decided.

e

The United States Constitution states that the federal government's judicial power lies with the: a. State superior court. b. Intermediate appellate court. c. Small claims court. d. Inferior trial court. e. Supreme Court.

c

The consequence of a plurality decision is that: a. The decision of the Circuit Court of Appeals is affirmed. b. The case is not decided and will be reheard at a later date. c. The case is decided but is not precedent for later cases. d. The case is decided and becomes precedent for later cases. e. The case is not decided, but the applicable legal reasoning becomes precedent for later cases.

c

The term for jurisdiction based on the location of a piece of property is: a. Long-arm jurisdiction. b. In personam jurisdiction. c. In rem jurisdiction. d. Subject matter jurisdiction. e. Standing.

b

The following are examples of limited jurisdiction trial courts except: a. Small claims court. b. Appellate court. c. Family law court. d. Traffic court. e. Probate court.

d

The general jurisdiction trial court in the federal system is called the: a. United States Trial Court. b. United States Circuit Court. c. United States General Court. d. United States District Court. e. Federal Chancery Court

e

The power or authority of a court to hear a case is known as: a. Standing. b. Venue. c. Certiorari. d. Forum-selection. e. Jurisdiction.

d

The requirement that a plaintiff have a stake in the outcome of a case is known as: a. Jurisdiction. b. Certiorari. c. Venue. d. Standing. e. Relevance.

a

Two friends, Mary and Dean, are hiking in the Colorado Mountains when a dog being walked by its owner, Wally, who is from Wyoming, bites Dean, causing injury. Mary wants Dean to sue Wally, but Dean does not want to incur the cost. Which of the following is true? a. Mary does not have standing to sue Wally, the owner of the dog. b. Mary will have standing only if she files the lawsuit in Wyoming. c. Whether Mary has standing depends on whether Mary files the suit in state or federal court. d. Mary has standing if Dean consents to Mary filing the suit. e. Mary's presence at the time of Dean's injury gives her standing to file suit.

b

Under what circumstances is it appropriate for a judge to issue a judgment n.o.v.? a. When there are no disputes as to the facts of the case. b. When the evidence cannot support the verdict of the jury. c. When the judge would have reached a different conclusion than the jury based on the evidence. d. When the judgment n.o.v. is issued pursuant to a fair and impartial pretrial hearing.

a

What does it mean if a court has "in personam jurisdiction?" a. It means the court has the power to make and enforce a judgment against a particular person. b. It means a party has a personal stake in the outcome of a particular case. c. It means the court must meet special requirements in nonbusiness cases involving individuals. d. It means the case has been filed at the correct location with the state. e. It means the court has personal jurisdiction but not subject matter jurisdiction.

e

What happens if the U.S. Supreme Court reaches a tie in a decision? a. The case will be reconsidered in the following year. b. The decision will be held in abeyance until one of the justices decides to change his or her mind. c. The case will be returned to the Circuit Court of Appeals to reconsider the case in light of the tie decision by the Supreme Court. d. The lower court decision in the case is overturned. e. The lower court decision in the case is affirmed.

c

What is "voir dire?" a. The jury deliberation process in a trial. b. The U.S. Supreme Court's case selection process. c. The jury selection process in a trial. d. A discovery method to learn about the other party's case. e. A motion to dismiss a case.

d

When an appellate court receives a case appealed to it, it will: a. Retry the case with a new jury. b. Review the jury's verdict to see if the appellate court judges would have reached the same result. c. Retry the case with the appellate court judge acting as the jury. d. Review the record of the trial court to see if there were any errors of law made by the judge.

a

Which federal court or courts is directly established by the United States Constitution? a. The Supreme Court only. b. Federal trial courts only. c. The Supreme Court and federal trial courts. d. The Supreme Court and federal courts of appeal. e. The Supreme Court, federal courts of appeal, and federal trial courts.

c

Which of the following is correct about litigating commercial disputes? a. Nearly all states have specialized trial courts that hear commercial disputes. b. Commercial disputes, because of their specialized nature, are first heard at the appellate court level. c. A few states have established specialized trial courts for commercial disputes. d. Businesses generally dislike the concept of specialized trial courts for commercial disputes because the large numbers of consumers who sue businesses in these courts have led the judges to become generally biased against business. e. In all states, commercial disputes must be heard in a limited-jurisdiction court.

e

Which of the following is correct with regard to the Court of Appeals for the Federal District? a. It hears appeals of all federal district court cases. b. It hears its cases in New York City. c. It includes three Supreme Court justices on its panel of judges. d. It hears appeals only from within the District of Columbia. e. It reviews decisions of the Patent and Trademark Office.

c

Which of the following is generally true about federal appellate court proceedings? a. The appeals can come only from a U.S. district court. b. New evidence can be introduced, so long as it relates to the evidence introduced in the original trial. c. Appeals are usually heard by a three-judge panel rather than by all the judges of the court. d. To avoid being improperly influenced by the lower court decision, the appellate court must make its own decision on the case without knowing the outcome in the original trial.

e

Which of the following is not a purpose of discovery? a. To eliminate surprise at trial. b. To save the time of the court. c. To promote the settlement of cases. d. To preserve evidence. e. To avoid the use of the evidence at trial.

d

Which of the following is true about cross examination of a plaintiff's witness in a trial? a. Cross examination is conducted by the plaintiff's attorney, and can cover any matters relevant to the case. b. Cross examination is conducted by the plaintiff's attorney, and can cover only matters that were brought up during the discovery process. c. Cross examination is conducted by the defendant's attorney, and can cover any matters relevant to the case. d. Cross examination is conducted by the defendant's attorney, and can cover only matters that were brought up in the direct examination. e. Cross examination is conducted by the defendant's attorney, and can cover only matters that were brought up during the discovery process.

b

Which of the following is true with regard to the appellate process? a. Very important cases are usually initially tried in the U.S. Supreme Court. b. When a case is appealed, the appellate court usually holds a new trial. c. In the federal court system, there are usually two levels of appeal by right. d. The U.S. Supreme Court chooses to review only a small fraction of those cases that it is asked to review. e. The vote of only one justice is needed for the U.S. Supreme Court to hear a case.

c

Which of the following kinds of jurisdiction would be necessary and sufficient for a court to hear a case? a. Subject matter and in personem and in rem. b. Subject matter or in personem or in rem. c. Subject matter and either in personem or in rem. d. In rem and either subject matter or in personam.

e

Which of the following pleadings could typically be filed by a defendant in a lawsuit? a. Answer and complaint. b. Complaint and cross-complaint. c. Motion to intervene and complaint. d. Answer and cross-complaint. e. Cross-complaint and reply.

d

Which of the following statements is generally not true about state intermediate appellate courts? a. The appellate court reviews the record of the trial court. b. The appellate court usually allows the parties to file briefs outlining support for their positions. c. The appellate court allows the parties to make oral arguments outlining their position. d. The appellate court allows the parties to introduce new evidence so long as it was not previously introduced at the original trial. e. Appellate court decisions are final and further appeal is not possible.