BLW 302 Exam 1
A decision on a question of state law is final when
?
Fresh Seafood Inc. and Grocers Market LLC dispute a term in their contract. Because the parties have a long-standing business relationship that they would like to continue, they could settle their dispute through mediation because
?
Laws enacted by legislative bodies at any level of government make up the body of law generally referred to as
?
The Uniform Commercial Code facilitates commerce
? edit
A mandatory arbitration clause in an employment contract may not be enforced if
??
Cornel and Deanna resolve their dispute over the subsidence of Cornel's real property due to Deanna's excavation for an irrigation pond by having a neutral third party render a binding decision. This is
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In a suit to compel arbitration, a court will order a dispute to be arbitrated if
??
Secondary sources of law include
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The availability of different remedies is a factor that can affect
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The Florida legislature enacts a state law that violates the U.S. Constitution. This law can be enforced by
?? (edit)
Lazlo, a citizen of Minnesota, wants to file a suit against Nadji, a citizen of Ohio. The diversity of citizenship may be a basis for
???
The United States Supreme Court has held that a mandatory arbitration clause in an employment contract is generally enforceable because in agreeing to the clause, the parties waived
???
Administrative law includes
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A trial court's capacity to directly observe witnesses' gestures, demeanor, and other nonverbal behavior supports the decision of an appellate court to
?????
In deciding a case of first impression, appropriate sources for a court to consider include all of the following except
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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 citation is a regulation enacted by a city or county legislative body
False
A court should overturn its precedents unless there is a compelling reason not to
False
A federal statute applies only to those states that agree to apply it within their borders
False
A secondary source of law establishes the law on a particular issue
False
A statute is a secondary source of law
False
Administrative law plays a relatively insignificant role in the regulatory environment of business
False
An appellate court will not challenge a trial court's finding of fact, even if the find is clear erroneous.
False
Any court can exercise jurisdiction over any person
False
Because courts of law and equity have merged, the principles of equity are no longer applied
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
Civil law has to do with the 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
Courts will not grant an equitable remedy unless the remedy at law is adequate
False
Doing business within a jurisdiction is not enough for most courts to compel a defendant to appear
False
Even if it conflicts with the U.S. Constitution, a state constitution is supreme within that states' borders
False
Federal agency regulations do not take precedence over conflicting state regulations
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 the American governmental system, applying the laws to specific situations is the essential role of Congress.
False
Jurisdiction refers to the right of a citizen to bring a case before a court
False
Negotiation requires the use of a neutral third party to facilitate a settlement.
False
Only the United States Supreme Court exercises the power of judicial review
False
The simplest form of alternative dispute resolution is mediation
False
The study of business law does not involve ethical dimension
False
There is one right answer to every legal question
False
With respect to the study of jurisprudence, there is only one school of legal thought.
False
A choice-of-law permits a party to choose which nation's law to apply to a dispute arising under an international contract
True
A constitution is a primary source of law
True
A federal court will apply federal law in a case involving a federal question
True
A local ordinance commonly has to do with a matter concerning only a local governing unit
True
Because the courts have defined interstate commerce broadly, arbitration agreements only slightly. connected to interstate commerce may be enforced.
True
Because the internet is international in scope, it raises international jurisdictional issues.
True
Congress or a state legislature establishes an administrative agency to perform a specific function
True
Controlling precedents are binding authorities
True
Courts often refer to secondary sources of law for guidance in interpreting and applying a primary source of law
True
In the United States, the law consists of written laws and court decisions
True
International law derives from a variety of sources, including the laws of individual nations
True
Laws would have no discernible meaning without the courts to interpret them.
True
Often, more than one rule of law will be applicable to a case
True
Only if a state legislature adopts a uniform law does that law become part of the statutory law of that state
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
Rescission is the cancellation of a contractual obligation
True
Rules issued by administrative agencies affect almost every aspect of a business's operations
True
The U.S. Constitution is the basis of all law in the United States
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 effect of the minimum-contacts standard is that a business firm has to comply with the laws of any jurisdiction in which it targets customers
True
The legal rules that control a business's actions reflect past and current thinking about how similar business should and should not act
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
State trial courts that are called special inferior trial courts or minor judiciary courts are most likely to have
_ jurisdiction
State trial courts that are called county, district, superior, or circuit courts are most likely to have
____
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
____ jurisdiction
A dispute between two cheese makers—Cheddar Creamery Company and Deli Dairy Inc.—falls under a state statute on unfair trade practices. The application of this law to these parties must be determined by
a ___
A precedent is
a court decision that furnishes an example for deciding subsequent cases involving similar or identical facts or principles
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 their resolution. The court defers to a different Idaho court's finding 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
Primary sources of law include
case law
The Uniform Commercial Code provides a set of rules governing
commercial transactions
Maris files a suit against Ngu in a state court over an employment contract. The case proceeds to trial, after which the court renders a verdict. The case is appealed to the state's highest court. After that court's review of Maris v. Ngu, a party can appeal the decision to the United States Supreme Court if
edit
A challenge to the constitutionality of an executive order that limits certain state actions is
edit?
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
For purposes of diversity jurisdiction, a corporation is not considered a citizen of any particular state
false
In a case involving internet transactions, jurisdiction is proper only when the defendant conducts substantial business in the jurisdiction online
false
Judicial review is the process through which Congress approves or rejects judicial appointments.
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
Power Inc. is a corporation engaged in the business of producing, refining, and distributing energy resources. With respect to the firm's managers, legal concepts can be useful for Power's
human resources manager marketing manager accounting and finance manager
A constitution sets forth a government's
limits and powers
Two businesses—Berry Farms LLC and Canned Jams Inc.—dispute the quality of goods delivered by the seller and the price agreed to by the buyer. With regard to this dispute, the two parties can
litigate it settle it between themselves resolve it through an alternative method, such. as arbitration
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
Once a court has applied a principle to a certain set of facts, that principle must be applied in future cases involving
similar facts
The basis of all law in the United States is
the U.S. Constitution
Ty, a citizen of Utah, files a suit in a Utah state court against Vancouver Sales Corporation, a Washington state company that does business in Utah. The court has original jurisdiction, which means that
the case is being heard for the first time
Ovid wants to file a suit against Petra. For a court to hear the case,
the court must have jurisdiction
Each court has a jurisdiction. Jurisdiction is best defined as
the geographic area in which a court has the power to apply the law
The 1803 decision. of the United States Supreme Court is in the case of Marbury v Madison established
the power of judicial review
On a challenge to a provision in a state constitution that conflicts with a provision in the U.S. Constitution
the state provision will not be enforced
Generally, because the parties to arbitration are free to agree to the means of the method, a court will not hear a complaint from either party about the results.
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
a question of law is generally the focus of an appellate court
true
Cattle House Steaks, a Colorado company, enters into a contract over the phone with Beef Packing Inc., an out-of-state corporation. If a dispute arises, a Colorado court can exercise jurisdiction over Beef Packing
under the minimum-contacts test
Because litigating a complaint can be costly, and there is a backlog of cases in many courts, a businessperson is likely to attempt to resolve a dispute
with a method of alternative dispute resolution