MGMT The Legal Environment of Business Quiz 1 and 2
State law that permits its courts to reach beyond state lines for jurisdiction over non resident defendants
A long arm statute is
Overrides any state or federal laws that go beyond what the constitution permits
As the highest legal authority, the US constitution
The original or oldest source of law in the US
Common law is
Settle out of court
Discovery can impose significant costs on businesses, making them more likely to
District courts
Federal trial courts are called
Discriminatory state taxes
Foreign commerce may not be subject to
Unconstitutional
It would be __ for a state to impose a tax that provided a direct commercial advantage to local businesses
Limited jurisdiction
State courts such as municipal courts or probate courts are called courts of
Are stricter than federal regulations
States may pass regulations that
Deposition
Sworn testimony outside of the courtroom of a witness recorded by a court official is a
True
T/F: Judges are protected from damages caused by bad decisions they make on the bench by judicial immunity
True
T/F: Under the Central Hudson Gas and Electric test, the restriction "federal trade commission rules restricting misleading advertising" would be held constitutional
The procedure of the litigation process and relevant motions
The Federal Rules of Civil Procedure govern
Executive, judicial, legislative
The US constitution created these branches of federal government
The executive branch of government
The US constitution creates
Three level
The federal court system is a __ system
Pleadings
The formal statements made to the court by the parties to a case that list their claims and defenses are called
Necessary and Proper Clause
The part of the constitution that gives congress the authority to make laws to carry out powers granted to congress in the constitution is the
The commerce clause
The part of the constitution that probably has the largest impact on business is known as
True
The rule that evidence gathered in violation of the fourth amendment may not be used in prosecution is known as the exclusionary rule
The division in government powers as established by the constitution
The separation of powers is
The process used to select jury members
Voir dire is
Pleadings, discovery, pretrial, trial, appeals
What is the correct order of stages for a typical lawsuit
Conflict of law
When a state court hearts a case involving incidents that took place in more than one state or entirely in a different state a __ problem may arise
A neural expert in the field who may or may not be an attorney
When parties agree to resolve a dispute by arbitration they rely on an arbitrator. An arbitrator is usually