Law and Business quiz prep Ch. 1,2,3

Courts of appeals conduct new trials in which evidence is submitted to the court and witnesses are examined.

False

The decision of a state supreme court is binding on a lower state court located in the state.

True

In preparation for a trial between Chuck and Coastal Construction Corporation, Coastal's attorney places Chuck under oath and asks Chuck questions that are recorded by a court reporter. This is known as:

a deposition

To prepare for a trial between SmartPhones, Inc., and TechApps Company, TechApps' attorney places SmartPhones' chief executive officer (CEO) under oath. A court official makes a record of the attorney's questions and the CEO's answers. This is:

a. an interragatory b. a deposition c. a cross-examination d. voir dire

Arnold loses his suit against Patty in a Colorado state trial court. Arnold appeals to a state intermediate court of appeals and loses again. Arnold would appeal next to:

a. the US courts of appeals for the ninth circuit b. a US district court. c. the Colorado supreme court d. the united states supreme court.

The St. Pete City Planning Department, the Coastal County Zoning Commission, the Florida Environmental Quality Agency, and the U.S. Bureau of Land Management issue regulations. These rules constitute:

administrative law

A provision in the California state constitution conflicts with a provision in the U.S. Constitution. If challenged:

b. The US constitution, not the state provision, will be enforced.

the 1803 case Marburry V. Madison established what power for a court?

b. judicial review

The U.S. Congress enacts a new federal statute that imposes liability on businesses hiring employees without verifying their citizenship status. This statute applies:

b. to all of the states.

A decision by the United States District Court for the Middle District of Florida would be appealed to the Ninth Circuit Court of Appeals.

false

The complaint is the court order that notifies the defendant of the lawsuit and explains how to respond.

false

U.S. district courts have concurrent jurisdiction with state courts in matters involving federal questions.

false

stare decisis is a doctrine obligating judges to help persons who have failed to protect their own rights.

false

Which of the following is true regarding the use of peremptory challenges based on gender?

peremptory challenges may not be based on gender.

Elaine and Jack enter into a contract for the sale of a car, but Jack later refuses to deliver the car. Elaine asks a court to order Jack to perform as promised. Ordering a party to perform what was promised is:

specific performance

During the trial phase of Soft Drink Soda Corporation's suit against TimeOut Convenience Stores, Inc., their attorneys engage in voir dire. This is:

the selection of jurors.

A judge instructs a jury in the law that applies in a case.

true

The U.S. Constitution is the basis of all law in the United States.

true

To have standing to sue, a party must have complaining sufficient stake in a matter.

true

Under the authority of a long arm statute, a court can exercise personal jurisdiction over certain out-of-state defendants.

true