BUS LAW Midterm (true or false)
True or False: A closing argument is a statement by a party that results in a summary judgment in that party's favor.
false
True or False: A contract is void if one of the parties was intoxicated at the time of its formation
false
True or False: A forum-selection clause in a contract designates which nation's law will be applied to any dispute
false
True or False: After every strike, strikers have a right to return to their jobs
false
True or False: Because corporations are not considered legal persons, courts use different principles to determine whether it is fair to exercise jurisdiction over a corporation.
false
True or False: Courts of appeals conduct new trials in which evidence is submitted to the court and witnesses are examined.
false
True or False: For purposes of diversity of citizenship, a corporation is a citizen only of the state in which its principal place of business is located.
false
True or False: In mediation, the mediator proposes a solution and makes a decision resolving the dispute.
false
True or False: International treaties never stipulate arbitration for resolving disputes.
false
True or False: The United States will not enforce a foreign court's decision.
false
True or False: The federal courts are superior to the state courts.
false
true or False: A judge's function is to make the law.
false
true or False: A key to avoiding business disputes is to go ahead without thinking ahead.
false
true or False: A state constitution is supreme within the state's borders.
false
true or False: A state income tax is valid even if the state income tax law allows you to avoid paying 30% of your federal income tax because you are paying that money to the state.
false
true or False: An arbitration panel is picked by the court?
false
true or False: Constitutional law includes only the U.S. Constitution.
false
true or False: I call the President of Abscam University a profane name. Is that protected speech under the 1st Amendment?
false
true or False: The 13 original colonies had a formal constitution prior to the adoption of the U.S. Constitution.
false
true or False: The term common law refers to law that is common throughout the world.
false
true or False: U.S. district courts have concurrent jurisdiction with state courts in matters involving federal questions.
false
true or False: Whether a law is constitutional depends on its source.
false
True or False: A bankruptcy estate consists of all the debtor's interests in property currently held, wherever located
true
True or False: A business firm may have to comply with the laws of any jurisdiction in which it actively targets customers for its products.
true
True or False: A court can exercise jurisdiction over property that is located within its boundaries.
true
True or False: A court's review of an arbitrator's award may be restricted.
true
True or False: A default judgment is entered against a party who fails to respond to the allegations in a complaint.
true
True or False: A defendant may be relieved of liability by showing that a criminal act was necessary to prevent an even greater harm.
true
True or False: A deposition is sworn testimony by a party to a lawsuit or any witness.
true
True or False: A mini-trial is a private proceeding in which each party's attorney argues the party's case before the other party.
true
True or False: Laws would be meaningless without the courts to interpret and apply them.
true
True or False: Litigation is the process of resolving a dispute through the court system.
true
True or False: Mandatory arbitration clauses in employment contracts are generally enforceable.
true
True or False: Small claims courts are inferior trial courts.
true
True or False: The United States Supreme Court can review any case decided by any of the federal courts of appeals.
true
True or False: The minimum-contacts requirement is usually met if a corporation advertises or sells its products within a state.
true
True or False: To have standing to sue, a party must have complaining sufficient stake in a matter to justify seeking relief through the court system.
true
True or False: Under the authority of a long arm statute, a court can exercise personal jurisdiction over certain out-of-state defendants.
true
true or False: A Court ordered mediation requires the parties to mediate prior to trial.
true
true or False: A state law that conflicts with the U.S. Constitution will be deemed unconstitutional.
true
true or False: An arbitration clause in a contract requires arbitration before a lawsuit can be prosecuted?
true
true or False: An arbitration panel is always on odd number?
true
true or False: I live in West Virginia. I buy a new television from Best Buy over the internet. The state of West Virginia can require Best Buy to collect WV sales tax on the purchase and pay it to the state.
true
true or False: Law if the body of enforceable rules governing relationships among individuals and between individuals and their society.
true
true or False: One act can lead to both a criminal and a civil suit?
true
true or False: The Legislative Branch of Government is the only branch that can originate Laws.
true
true or False: The result of a successful mediation is a contract?
true
true or False: The stability and predictability of the law are essential to business activities.
true
true or False: The states that seceded the union during the Civil War were not in violation of U.S. Constitution law at this time.
true
true or False: The verdict in a summary jury trial is not binding.
true
true or False: There is a set of federal rules of procedure and various set of rules for state courts.
true
true or False: congress may regulate any activity that substantially affects interstate commerce
true
true or False: the constitution grants certain powers to the national govt.
true
true or False: the courts can hold acts of legislative and executive branches
true
true or False: under the constitution the executive branch enforces the laws
true
