business Law Ch. 1 and 2
Rights guaranteed in the United States Constitution: Cannot be taken away by statutes or court decisions. Can be taken away by statutes. Can be taken away by court decisions. Can be taken away by local ordinances.
Cannot be taken away by statutes or court decisions.
Which of the following is not an example of limited or special jurisdiction court? Probate court Juvenile court Domestic Relations court Court of original jurisdiction
Court of original jurisdiction.
The right to be secure against unreasonable searches and seizures conducted by the police is guaranteed by the Fifth Amendment of the U.S. Constitution T/F
False
To initiate a lawsuit, both parties must appear in person and state their claims and defenses in court. T/F
False
The authority of a court to decide certain types of cases is called jurisdicition.
True
The common law are court-enforced unwritten principles originally based on the usages and customs of the community. T/F
True
The federal court system consists of three levels. T/F
True
When arbitration is mandatory under a statute, the losing party generally can appeal from such arbitration to a court.
True
A court that can only hear disputes involving damages of $5,000 or less has a limited jurisdiction. T/F
True
Equity provides justice when the law is inadequate. T/F
True
Generally, the prevailing party in a lawsuit is awarded the costs of the action, including witness fees and jury fees. T/F
True
Procedural law specifies the steps that must be followed in enforcing those rights and liabilities. T/F
True
In mediation, the mediator acts as a(n): judge. attorney. messenger. expert witness.
messenger
When a defendant files a(n) _________ he is attacking the plaintiff's pleading as not stating a cause of action or defense. counterclaim. motion to dismiss. motion for summary judgment. notice of service
motion to dismiss.
The person who initiates a civil lawsuit is called the: defendant prosecutor plaintiff judge
plaintiff
Law consists of: principles that governn conduct. mere guidelines. arbitray rules. traditions.
principles that governn conduct.
A good example of a uniform state law would be: statutory law. case law. constitutional law the Uniform Commercial Code
the Uniform Commercial Code.
A court is a tribunal established by: the parties to a lawsuit. the government. the parties to a contract. the will of the people.
the government
Original jurisdiction courts are generally supreme courts appellate courts trial courts limited courts
trial courts
The Uniform Partnership Act is a good example of a(n): Congressional statute. substantive law. uniform state law. procedural law.
uniform state law.
The law could best be described as: only statutory in nature. only the creation of our courts. a collection or bundle of rights. a bundle of political choices.
a collection or bundle of rights.
The types of civil cases that a private citizen can file in federal district courts include: Cases in which any state in the United States is one of the parties. Cases between citizens of different states that involve damages of $75,000 or more. Cases brought by the citizen of one state against the state government of the same state. Criminal charges against a state representative.
cases between citizens of different states that involve damages of $75,000 or more
Within each state in the United States, only the U.S. Constitution is in force. T/F
False
A right is an obligation of law imposed on a person to perform or refrain from performing a certain act. T/F
False
All courts have general jurisdiction. T/F
False
If questions of fact are involved, a judge will usually decide the case based on the pleadings alone. T/F
False
Procedural law creates legal rights and duties. T/F
False
Rights always stand alone, without any duties. T/F
False
State supreme courts generally hear all cases appealed to them. T/F
False
The U.S. Constitution provides that we have a right to be free from unreasonble intrusions by others.
True
Arbitration procedures occur in a court of law. T/F
False
Civil laws define wrongs against society.
False
Courts have increasingly set aside arbitration clauses involving small businesses or consumers.
False
Statutory law includes U.S. Supreme Court opinions. T/F
False
If a case has no material facts in dispute either party can file a(n) _________ and allow a judge to make a ruling as a matter of law. motion to dismiss counterclaim demurrer Motion for summary judgment
Motion for summary judgment
All cities, counties, and other governmental subdivisions have basic powers to adopt ordinances, such as traffic and zoning laws, within their sphere of operation. T/F
True
Law is often defined as the body of principles that courts or administrative agencies will enforce. T/F
True
The right of privacy means that individuals Cannot gossip about each other cannot be lawfully seached can yell "fire" in a crowded theater are protected against intrusions by others
are protected against intrusions by others
The right of privacy consists of: the right to be secure against unreasonable searches by the government only. the right to protection against intrusions by others only. both the right to be secure against unreasonable searches by the government and the right to protection against intrusions by others. the right to be secure against warrantless searches only.
both the right to be secure against unreasonable searches by the government and the right to protection against intrusions by others.
Service of process refers to: a demand letter sent by the plantiff to the defendent a reply sent to the plaintiff by the defendent. giving the defendant proper notice that a legal action is pending a record of the court's preliminary hearing.
giving the defendant proper notice that a legal action is pending