Business Law ch 3

Which type of state court system hears appeals from intermediate appellate state courts and certain trial courts?

a state supreme court

How many Circuit Courts are there in the federal court​ system?

13

The​ ________ court in a state court system hears appeals from intermediate appellate state courts and certain trial courts

Highest

The process of serving a summons on a defendant to obtain personal jurisdiction over him or her is called.

Service of process

​_____ law is law that an administrative agency enforces

Substantive

__________________ is law that an administrative agency enforces—federal statutes enacted by Congress or state statutes enacted by state legislatures.

Substantive administrative law

The United States District Courts are the federal court​ system's trial courts of​ _____ jurisdiction.

general

Federal​ _____ cases are cases arising under the United States Constitution.

question

Which state court system would likely handle your neighbor's case?

small claims court

In which federal court system would the Patent and Trademark Office's decision be reviewed?

the U.S. Court of Appeals for the Federal Circuit

A rule that requires the votes of four justices to grant an appeal and schedule an oral argument before the U.S. Supreme Court is called .

the rule of four

Which of the following is a correct statement regarding​ forum-selection?

A. Forum shopping is encouraged in state​ court, but not in federal court. B. As a general​ rule, adults are allowed to engage in forum​ shopping, while minors are not. C. Forum shopping is encouraged in federal​ court, but not in state court. D. Courts generally frown upon forum shopping. E. Assuming that a party has standing to​ sue, he or she will be allowed to engage in forum shopping D) is correct

Which of the following is an INCORRECT statement regarding concurrent​ jurisdiction?

A. If the plaintiff brings a case involving concurrent jurisdiction in state​ court, the defendant can either let the case be decided by the state court or remove the case to federal court. B. It is also known as exclusive jurisdiction. C. State courts have concurrent jurisdiction with federal courts to hear cases involving diversity of citizenship and federal questions over which federal courts do not have exclusive jurisdiction. D. If a case involving concurrent jurisdiction is brought by a plaintiff in federal​ court, the case remains in federal court. E. If a case does not qualify to be brought in federal​ court, it must be brought in the appropriate state court. B) is correct

Linda's friend Jon is injured in an accident caused by Emily. Jon decides not to sue Emily. Which of the following is a correct statement regarding​ Linda's right to sue Emily for the​ accident?

A. Linda can bring her own cause of action against Emily for negligence. B. Linda cannot sue Emily on​ Jon's behalf because she does not have standing to sue. C. As​ Jon's friend, Linda can sue Emily on​ Jon's behalf. D. Linda can bring her own cause of action against Emily for negligent infliction of emotional distress. E. Linda can bring her own cause of action against Emily for intentional infliction of emotional distress B) is correct

Which of the following is an accurate statement regarding the functions of administrative​ agencies?

A. The Uniform Commerce Commission​ (UCC) enforces federal antitrust and consumer protection law. B. The Federal Trade Commission​ (FTC) enforces federal tort law. C. The Uniform Communications Commission​ (UCC) regulates radio and television broadcasting. D. The Federal Communications Commission​ (FCC) regulates radio and television broadcasting. E. The Federal Trade Commission​ (FTC) regulates the issuance and trading of securities. D) is correct

Most state court systems include all of the following EXCEPT​ ________

A. intermediate appellate courts B. special-jurisdiction federal district courts C. ​general-jurisdiction trial courts D. limited-jurisdiction trial courts E. highest state court B) is correct

Zippo Manufacturing Company sued Zippo Dot​ Com, Inc. in U.S. District Court for what kind of​ infringement?

A. patent B. copyright C. symbol D. brand E. trademark E) is correct

Which of the following is an INCORRECT statement regarding small claims​ courts?

A. ​Generally, the parties must appear individually. B. The decisions of small claims courts are often appealable. C. Generally, the parties have lawyers represent them in small claims court. D. Many states have created small claims courts to hear civil cases involving small dollar amounts. E. Generally, the parties cannot have lawyers represent them. C) is correct

_________________ is law enacted by governments that regulates industries and businesses and professionals.

Administrative law

f a majority of United States Supreme Court Justices agree as to the outcome of a case but not as to the reasoning for reaching the​ outcome, it is​ a(n) _____ decision.

Plurality

_______________ is law that establishes the procedures the FCC must follow in the course of performing its regulatory duties.

Procedural administrative law

Which of the following refers to the federal court system's trial courts of general jurisdiction that decides cases not within the jurisdiction of specialized federal courts?

U.S. district courts

If all of the United States Supreme Court Justices voting agree as to the outcome and reasoning used to decide a​ case, it is​ a(n) _____ decision.

Unanimous

A concept that requires lawsuits to be heard by the court with jurisdiction that is nearest the location in which the incident occurred or where the parties reside is called .

Venue

In the federal court system's trial courts of general jurisdiction, what is the geographical area served by each court called?

a district

A is a contract provision that designates a certain state's law or country's law that will be applied in any dispute concerning nonperformance of the contract

choice-of-law clause

Appeals are usually heard by a three-judge panel. After a decision is rendered by the three-judge panel, a petitioner can request a(n) by the full appeals court.

en banc review

A long-arm statute does

extends a state's jurisdiction to nonresidents who were not served a summons within the state

A contract provision that designates a certain court to hear any dispute concerning nonperformance of the contract is a

forum-selection clause