CH 1 -10 review
Which federal agency has the power to restrict certain speech, such as "indecent programming or profane language?"
Federal Communications Commission (FCC)
Contracts are: Group of answer choices -Legally enforceable agreements. -Always required to be in writing. -Not regulated by common law. -Are permitted between businesses, but not individuals.
Legally enforceable agreements.
A case that is filed by several plaintiffs who represent a much larger group of people with the same claim against the defendant is known as a _______________________.
class action suit
A secured transaction involves a creditor who has sold comething on credit, or made a loan to a debtor, who agrees to give the creditor a security interest in a valuable objection, called _______________.
collateral
Oral questions in the presence of a court reporter
deposition
Jemier owns a parcel of land next to Josh. In order for Jemier to get to his property from the road, he must cross over Josh's land. Jemier has what type of legal property right related to Josh's land?
easement
Place the phases of litigation below in the correct order, from first to last.
pleadings discovery trial appeal
Which of the following is the leading case on the constitutional limits association with personal jurisdiction on out-of-state defendants?
World-wide Volkswagen v. woodson
The process of requesting and transporting the prisoner form one state to another is called _______________.
extradition
The "separation of powers" between levels of government is known as ________________.
federalism
Written questions sent from one party to another party
interrogatories
What is the rules of law
laws are made generally and equally applicable to all persons and businesses
States have laws that allow service of process beyond their boundaries. These are known as _________________ statutes.
long arm
The process whereby a neutral third party assists the parties in reaching a settlement to resolve their legal dispute is known as ____________________.
mediation
__________________ is the process used to persuade or coerce someone to do what you want them to do.
neogotiation
Each of the following is an example of "private" law
property law contract law tort law
civil damages that are awarded to punish the defendants conduct, and deter others from such conduct in the future are known as ___ damages
punitive damages
Written request from one party to another to admit or deny specific statements
request for admissions
___ means to follow case precedent
stare decisis
The power of a court to hear a particular type of case is called:
subject matter jurisdiction.
Which of the following is not a federal court? u.s district court u.s supreme court u.s court of appeals u.s court of justice
u.s court of justice
all essential requirements/elements to contract are present
valid
contract lacks an essential requirement(s), will not be enforced
void
one party has right to withdraw from contract or to have it enforced
voidable
The examination of potential jurors to determine their qualifications and ability to be fair and impartial is known as ________________.
voir dire
the following is a source of values for business ethics
Legal regulations professional code of ethics individual values corporate code of ethics (all of the above are correct)
George owns a large farm in upstate New York. George grants William the right to live on the farm until William's death, at which time ownership of the farm shall revert back to George or his heirs, should he have died. What type of ownership does William have?
Life Estate
Acceptance of a bilateral contract is made by:
Making a return promise
In what type of motion does a party ask the Court to decide the case based solely on the Complaint and Answer, without any other evidence?
Motion for judgement on the pleadings
Historically, the US Supreme Court ruled that ______________ speech was not protected by the First Amendment.
Commercial
Check each of the following that is required in order for a Plaintiff to have standing to sue. Group of answer choices -A case or controversy. -At least $75,000 in damages. -A personal stake in the resolution of the case. -A contract or tort claim.An attorney.
-A case or controversy -a personal stake in the resolution of the case
Federal courts have jurisdiction over the following types of cases
-Cases involving the us constitution -cases involving federal statute -cases between citizens of different states. where the amount in controversy is greater than 75,000
Laws that would be known as ordinances
-City of bradention law requiring businesses to remain closed on sundays -manatee county law requiring businesses to register and pay a fee annually -city of sarasota law prohibiting smoking inside public buildings
Check ALL of the following that are examples of illegal contracts. Group of answer choices -Gambling agreement (in a state where gambling is legal). -Contracts for usurious interest. -Attorney Fee agreement when attorney is not licensed to practice law. -A contract that unreasonably restrains trade. -Employment contract.
-Contracts for usurious interest. -Attorney Fee agreement when attorney is not licensed to practice law. -A contract that unreasonably restrains trade.
Check all of the following that are examples of Common Property - property that we all have the right to use.
Air, Rivers, Oceans
Dabney sells one acre of land to Anamaria (fee simple). Anamaria begins digging on the property to put in a well. While digging she discovers diamonds and rubies. Who owns the diamonds and rubies? Group of answer choices Anamaria Dabney The state in which the property is located. Anamaria and Dabney would own equal shares.
Anamaria
The first constitution in our nation's history was the _______________________________.
Articles of confederation
Check al the requirements for being admitted to practice law.
Bachelors degree, juris doctorate degree (J.D), pass bar exam, paw background check.
Greater than 30,000 in alleged damages
Circuit court
The power of the federal government to regulate business activity is found in the __________________.
Commerce clause
Which of the following is NOT a remedy for Breach of Contract? Damages Recission Consideration Specific Performance
Consideration
Which of the following contracts is not covered by the Statute of Frauds?
Contract for $500 loan to be paid back in 9 months
between 8,000 and 30,000 in alleged damages
County court
A ______ is a document of title that transfers ownserhip of land.
Deed
parties specifically negotiate the terms of the contract
Express
A contract for the sale of land does not need to be in writing in order to be enforceable.
F
A contract where the promises have been performed is said to be "executory."
F
First Amendment Freedom of Speech protects individuals, but not businesses or corporations.
F
Litigation is the least expensive method of resolving legal disputes.
F
The Supremacy Clause in the US Constitution states that _________________________________.
Federal law preempts state law
A __________ is an object of "personal property" that has become an object of "real property" (1) by physical annexation (attachment) to the land or its buildings; or (2) whose use has become closely associated with the use to which the land is put.
Fixture
Requiring the Defendant's employer to pay some of the Defendant's wages to the Court in order to satisfy a judgment against the Defendant is known as ______________________.
Garnishment
The __________________ limits all exercise of property over resources to the duration of "lives in being plus 21 years."
Rule against perpetuities
In what state court are minor issues such as landlord tenant disputes generally decided?
Small claims court
What is the only organized private business given explicit protection under the US Constitution?
The press/Media
Britton's Carpets wants to charge $21.50 a yard for installing carpet at LaToya's Bookstore, but accidentally states $12.50 a yard in the bid sent to Britton's Carpets. LaToya's Bookstore accepts the bid. Britton's Carpets made a _______________ mistake.
Unilateral
All of the following are types of land (real property) ownership EXCEPT: Group of answer choices leasehold fee simple variance life estate
Variance
What is the legal document filed to request that the U.S Supreme Court hear an appeal from the decision of a US court Appeal?
Writ of Certiorari
Issues of fact are determined in the
trial court
U.S. Constitution is the highest law in this country, meaning no other laws can violate it.
T
Under the judicial process, a judge should apply existing statutes or precedent to the case before them if app.
T
Under the type of property ownership called "Fee Simple," the owner has full rights to possess, use and transfer the property.
T
When you rent a house, you have a "leasehold estate" interest in the house (property).
T
the trial court judge makes decisions on issues of law, while the jury makes decisions on issues of fact.
T
violations of criminal law are prosecuted by the govt.
T
Check each "Freedom" or "Right" established in the First (1st) Amendment to the US Constitution. Group of answer choices Freedom of Speech Freedom of Religion Right to Bear Arms Freedom to Peaceably Assemble Freedom to Move Between the States Right to Vote (for women)
-Freedom of speech -Freedom of Religion -Freedom to peaceably assemble
Under the US Constitution, the federal government can:
-Prohibit foreign commerce entirely -allow foreign commerce with restrictions -prohibit state regulation of foreign commerce
The U.S supreme court will usually hear which types of cases
-cases involving an issue of national importance -cases where there is a split between decisions of the u.s circuit courts
Check all the following elements necessary to legally aquire property by "Gift." Group of answer choices donor intends to make a gift donor delivers gift by physical or constructive transfer item gifted is valued at more than $100 gifted item is transferred via US Mail
-donor intends to make a gift -donor delivers gift by physical or constructive transfer
Which of the following make up the definition of "law" 1 rules 2 enacted by the state 3 backed up by enforcement 4 that everyone can agree on
1, 2, and 3 only
5 major ethical rules can be drawn from law
1. respect for others liberties 2. exercise due care -- with fair and reasonable actions 3.act in good faith -- with honesty 4.respect for the rights of others 5. avoid conflicts of interest -- by noting times when one opinion/action will disable you from acting fairly in another
Both statements are true
1. substantive laws define rights and duties 2. procedural laws or rules provides the method for enforcing rights and duties
The following sources of law in correct order with the most powerful or highest law to lowest
1. u.s constitution 2.federal legislation 3.Federal admin regulations 4.state constitution 5.state admin legislation 6.state admin regulations 7.law ordinances 8.case law
If a trail court decision from manatee county was appealed in which FL district court appeal would be the appeal be filed?
2nd district court of appeal
Legally enforceable contracts improve the buyer/seller relationship.
6
To justify a tax on interstate commerce, a state must prove _________________________.
A sufficient connection between the taxing state and the business
The first known written set of laws was
Code of Hammurabi
Since the primary goal of business is to make a profit, most business people and businesses will act under the ethical system known as
Consequentialism
band makes contract to play a on a specific day for a school, on the day band doesn't show. School wants to sue the band for breach of contract and alleges damages totaled 50,000. Which court would have subject matter jurisdiction over this case.
Florida Circuit Civil Court
From best evidence to worst evidence, which is the proper order when interpreting contracts?
Handwritten terms typed terms printed terms
parties do not discuss terms, but their conduct implies a contract
Implied-in-fact
no discussion of contract or conduct indicating contract, but one party unduly enriched
Implied-in-law
The defendant bears the burden of proof in civil cases; the plaintiff bears the burden of proof in criminal cases.
F
The scope of discovery refers to the fact that only evidence that will be admissable at trial is subject to discovery.
F
Yuna tells Bruce that she will pay him $100 if he paints her house by Saturday at Noon. This is an example of a bilateral contract.
F
criminal law deals with the private rights between people, while civil law deals with offences against society
F
in FL, capital (death penalty) cases, must processed through regular appellate process from trail court to the district court of appeal, then to the Florida supreme court.
F
11th federal circuit court appeals states
FL, Georgia, Alabama
Businesses and individuals are rarely affected or controlled by the law on a day to day basis.
F
If a contract is in writing, the courts will enforce it, even if it is for an unlawful purpose.
F
If the defendant fails to file an Answer to the Complaint, the court may order a Default Judgment/Order.
F
In a court case challenging a person's right to refuse to participate in the Social Security system based on his religious beliefs, the Court held that Freedom of Religion did permit the person to opt our of the SS system if doing so was truly based on his religious beliefs.
F
In most states, the decision of the jury must be unanimous -- all members of the jury must agree on the verdict.
F
Property rights are absolute, meaning the government can never interfere with the way a person or business uses their property.
F
Real property refers to tangible, movable items; personal property refers to land and items permanently affixed to the land.
F
Procedural due process, as provided for in the US Constitution, requires that the government __________________.
Notify persons regarding govt actions that will affect them give persons a chance to be heard before the govt action is taken
The legal rule that parties to a written contract may not introduce oral evidence to change the meaning or interpretation of written terms is known as:
Parol Evidence Rule
In Leonard v. Pepsico, Inc. (NY 1999)(the case we discussed in class where Leonard sued Pepsico for breach of contract for failing to deliver the Harrier Jet in return for his Pepsi Points), the Court ruled that no contract existed between the parties. What was the reason for that ruling?
Pepsico. inc did not make an offer, that leonard would accept
the power of a court to require a person or business entity to appear before them to defend a case is known as
Personal jurisdiction
The Jessica Fashion Company offers a reward of $25,000 for information leading to the conviction of the person(s) who have been burglarizing its stores. Venice can accept this offer by:
Providing the info that convicts the burgular
Attorneys serve in the capacity of:
Public servant, counselor, and advocate
a civil punishment for intentional or extremely negligent wrong doing is known as _____. it is designed to deter others from such conduct in the future.
Punitive damages
Written request for documents from one party to another
Request for product of documents
Less than 8,000 in alleged damages
Small claims court
Written request for documents from a party to a non-party
Subpoena
"Property" means ownership or the legal right top exclude others from interfering with another persons resources.
T
A usurious contract is illegal and void because it includes an amount of interest greater than that allowed by law.
T
Civil law relies primarily on legislation, while common law relies on court decisions
T
Corporations are businesses charted by the state to do Business as legal persons
T
Each state has its own court system
T
Federal Rules of Civil Procedure provide the details concerning procedures to be followed in federal court litigation.
T
Freedom of the press is usually construed to prohibit "prior restraints" on publications.
T
Jurisdiction refers to the court's authority or power to decide a lawsuit.
T
Minors generally do not have the legal capacity to enter into contracts, unless it is for a necessity, such as clothing or medical care.
T
Property can be defined as legal ownership, or the legal right to exclude others from interfering with what you or your business owns.
T
Stakeholder theory suggests that an ethical company will take into account the impact of its actions on all those who may be affected by those actions, not just the shareholders or owner of the company.
T
State and local laws prohibiting gambling or the sale of alcohol on Sundays are examples of laws enacted under State Police Powers.
T
The "Mirror Image Rule" states that in order to create a contract, the acceptance must match the terms of the offer.
T
The "appellant" is the party filing the appeal.
T
The Contract Clause in the US Constitution prohibits state governments from enacting laws that affect existing contracts.
T
The Plaintiff is the party filing the lawsuit; the Defendant is the party being sued.
T
The Uniform Commercial Code (UCC) governs the sale of goods between merchants.
T
The members of the jury can be asked by the judge or attorneys to state whether they agreed to the verdict but do not have to explain the reasons why they reached the verdict.
T
the strongest foundation for the creation of a sound private market and economy is based on the rights of people to
acquire, sell, and use property
________________ is the form of Alternative Dispute Resolution (ADR) wherein a panel of attorneys/retired judges hear arguments and evidence presented by the parties and then render a decision.
arbitration
