Exam for Chapter 1 - 2

A constitution sets forth a government's

Limits and Powers

The state of Ohio can regulate building contractors, and building codes in the state under its

Police Powers

A controlling precedent

Precedents that must be followed within a jurisdiction

Activities that are a part of discovery

1. interrogatories 2. depositions 3. a witness list

The common law is

A body of law developed from judicial decisions.

Commercial Supply wants to initiate a suit against Downwind Power Corporation by filing a complaint. The complaint should include a statement of the facts necessary to show that:

Commercial is legally entitled to relief.

Under the U.S. Constitution, Congress has the power to regulate

Every commercial enterprise in the U.S.

Appellate courts must accept all appeals.

False

Compartmentalizing the law into discrete topics indicates that each business transaction is subject to only one specific area of the law.

False

When there is a direct conflict between a federal law and a state law, both laws are rendered invalid.

False

An administrative legislative rule is not legally binding on businesses.

False.

Each court has a jurisdiction. Jurisdiction is best defined as

The geographic area in which a court has the power to apply the law.

A Federal Statutes applies

To ALL states

An electronic court filing system allows parties to file litigation-related documents via electronic means in most states.

True

Merely advertising a product online is never enough to avail your company to jurisdiction of that state.

True

When concurrent jurisdiction exists, the parties may choose to bring the case in state or federal court.

True

Pros in Politics, a bookstore in Capitol City, sells publications that criticize government actions and policies. The city enacts an ordinance prohibiting the sale of such materials in the interest of preserving public tranquility. This ordinance is most likely constitutional under the First Amendment.

Unconstitutional Restriction of speech

VidGames, Inc., markets a variety of shooting, fighting, and hunting video games. A state statute is enacted to require all game makers to label any games with an option to kill something as "excessively violent." A court would likely hold this regulation to be

Unconstitutional restriction of speech

State Statutes applies

Within the States borders and differs between states

A __________________________________ will be granted only if there are no genuine questions of fact, and the sole question is a question of law.

motion for summary judgment

One party wants to file a suit against another. For a court to hear the case,

the court must have jurisdiction over the parties, as well as the subject matter at issue.

A ___________________ is an order issued by the Supreme Court to a lower court requiring that court to send the record of the case for review.

writ of certiorari

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

1. accounting and finance manager 2. human resources manager 3. marketing manager

Jason, a citizen of Kansas, wants to file a suit against Lora, a citizen of Michigan. Their diversity of citizenship may be a basis for:

A federal court to exercise jurisdiction

The UCC (Uniform Commercial Code) is a uniform law that most states have adopted to govern commercial transactions

False. Has been adopted by ALL in whole or in part

Bob wants to sue XYZ corporation, his employer, for violating his civil rights. He states their employer procedures do not apply equal rights. What court would Bob bring suit?

Federal Court

The ___________________________, for example, is an agency within the U.S. Department of Health and Human Services.

Food and Drug Administration

Analytica LLC files a suit against the United States, challenging a congressional enactment mandating that employers pay their employees' student loans. The process by which the court decides this issue is

Judicial Review

A judicial decision on the constitutionality of an executive order that limits certain state actions is

The Power of Judicial Review

A federal court will apply federal law when hearing a case involving a federal question.

True