business law quizzes

true

T/F: The system of checks and balances in the US Constitution allows each branch of government to limit the actions of the other branches

false

T/F: To meet the standard of proof of preponderance of the evidence, a party must prove its case beyond a reasonable doubt

B

A challenge to the constitutionality of an executive order that limits certain state actions is: a. subject to the exclusive authority of Congress b. within the power of judicial review c. solely for the executive to decide d. beyond the jurisdiction of the courts

B

A precedent is a. a lawsuit in which a number of persons join together b. court decision that furnishes an example for deciding subsequent cases involving similar or identical facts or principles c. fundamental procedure by which the government exercises its authority d. chief executive officer of the US

C

A trial court's capacity to directly observe witnesses' gestures, demeanor, and other nonverbal behavior supports the decision of an appellate court to a. conduct a new trial and re-examine the wiitnesses b. focus on what really happened in regard to the dispute c. defer to the trial court's findings on questions of fact d. apply the trial court's interpretation of the law in the case

C

Administrative law includes: a. model laws developed by the National Conference of Commissioners on Uniform State Laws b. laws enacted by a legislative body c. the rules, orders, and decisions of a government agency d. all laws that affect business operations

C

An award of damages is a. an order to do or to refrain from doing a certain act b. the right to harm another c. payment of money or property d. the cancellation of a contract

D

Barge Company and Cove Harbor dispute the meaning of their contract. Unable to agree on settlement, the parties prepare for trial. To obtain information, they engage in discovery. This includes gaining access to each other's witnesses and other types of evidence by a. improper requests and related tactics b. subterfuge and similar methods c. voir dire and a writ of certiorari d. depositions and other devices

B

Carly files a complaint against Delivery Corporation, charging that she has not been paid and wants to recover the unpaid amount, plus interest. The complaint and a summons will most likely be served on a. the secretary of state in the state where the firm incorporated b. the corporation's registered agent c. anyone who is at least 18 years old and is not a party to the suit d. the sheriff of the county in which the firm's headquarters is located

A

Common law rules develop from: a. principles underlying judges' decisions in actual controversies b. statutes enacted by Congress and the state legislatures c. regulations issues by administrative agencies d. uniform laws drafted by legal scholars

D

Fresh Seafood Inc. and Grocers Market LLC dispute a term in their contract. Because the parties have a long-standing business relationship that they would like to continue, they could settle their dispute through mediation because a. the resolution of the dispute will be decided an expert b. the case will be heard by a jury c. the dispute will eventually go to trial d. the process is not as adversarial as litigation

C

Grain Farm Inc. files a suit against Harvest Services. Before the court can exercise jurisdiction over Harvest, the court must have proof that a. Grain Farm did not act to precipitate a dispute with Harvest b. Grain Farm is prepared to notify Harvest of the suit c. Harvest was notified of the suit d. Harvest committed the act of which Grain Farm complains

D

Hobbes, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jules, a resident of Kentucky. Jules files a suit against Hobbes in Indiana. Regarding the suit, Indiana has a. in personam jurisdiction b. federal jurisdiction c. no jurisdiction d. in rem jurisdiction

D

Ihlan intiates a lawsuit against Juno, alleging that Juno has not paid her rent for 6 months and Ihlan wants her to vacate her apartment. The sheriff serves a summons. Juno does not respond. Ihlan a. must withdraw the complaint b. must provide proof in support of the claim c. must file a motion for renewed service of process d. will be awarded a default punishment

D

In Peyton v Quality Motors, a state supreme court held that a minor could cancel a contract for the sale of a car. Now a trial court in the same state is deciding Rikki v Street Deals, Inc, a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to: a. order the minor to cancel the contract b. disregard the Peyton case c. require the minor to fulfill the contrac d. allow the minor to cancel the contract

A

In a suit to compel arbitration, a court will order a dispute to be arbitrated if a. both parties consented to it b. all of the choices c. the rules for the arbitration are fair to at least one of the parties d. the relevant state or federal statute does not include such claims

D

Jon, a law enforcement official, monitors Kelsey's internet activities--email and website visits-- to gain access to her personal financial data and student information. This may violate Kelsey's right to a. free speech b. free exercise c. privileges and immunities d. privacy

A

Laws enacted by legislative bodies at any level of government make up the body of law generally referred to as: a. statutory law b. the supreme law of the land c. the basis of all law in the US d. uniform law

A

Lazlo, a citizen of Minnesota, wants to file a suit against Nadji, a citizen of Ohio. The diversity of citizenship may be a basis for a. federal court to exercise jurisdiction b. any court to exercise jurisdiction c. the US Supreme Court to refuse jurisdiction d. no court to exercise jurisdiction

A

Loni files a civil suit against Meme's Bridal Shop, seeking to recover the amount of a refund for an undelivered wedding dress. To succeed, the plaintiff must prove her case a. by a preponderance of the evidence b. through a scintilla of evidence c. to the extent promised by his attorney's opening statement d. beyond a reasonable doubt

A

Marin files a suit against Nagle over payment due on a lease of grazing land. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. After its review of Marin v. Nagle, the appellate court upholds the lower court's verdict. The appellate court has a. affirmed the case b. remanded the case c. reversed the case d. reversed and remanded the case

D

On a challenge to a provision in a state constitution that conflicts with a provision in the US Constitution a. the state provision will be enforced only within that state's borders b. neither provision will be enforced c. both provisions will be enforced d. the state provision will not be enforced

A

Ovid wants to file a suit against Petra. For a court to hear the case, a. the court must have jurisdiction b. both parties must consent c. the parties must own property d. the parties must have diversity of citizenship

A

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: a. all of the choices b. marketing manager c. human resources manager d. accounting and finance manager

C

Radiant Supply wants to initiate a suit against Solar Power LLC by filing a complaint. The complaint should include a statement of the facts necessary to show that a. the defendant does not have a valid defense b. the case can be disposed of without a trial c. the plaintiff is legally entitled to a remedy d. the solvency of the defendant is in question

B

Recreation Corporation files a suit against Spring Break Tours Inc. and seeks to examine certain documents in the defendant's possession. A legitimate reason for this examination is that the documents contain a. public information about the defendant's operations b. information that is relevant to the case c. irrelevant data that can be eliminated from consideration d. private information about the defendant's operations

D

Sportsfield Inc. files a suit against Tailgate Services. Before the trial, during the jury selection process, Sportsfield's attorney asks, without providing any reason, that one of the potential jurors not be sworn in. This is a. a motion to dismiss b. a challenge for cause c. an affirmative defense d. a peremptory challenge

C

Stare decisis is best defined as a. judicial proceeding to redress a wrong b. situation giving a person a right to initiate a judicial proceeding c. doctrine under which judges follow established precedents d. authority to decide a specific dispute

A

Steel Mill Inc. makes steel forms of substandard quality. Tower Building Company has never bought or used a Steel Mill form, but files a suit against the firm, alleging that its products are defective. The defendant's best ground for dismissal of the suit is that the plaintiff does not have a. standing to sue b. venue c. minimum contacts d. exclusive jurisdiction

false

T/F: A choice of law clause permits a party to choose which nation's law to apply to a dispute arising under an international contract

true

T/F: A complaint contains a brief summary of the facts necessary to show the party filing the complaint is entitled to relief

true

T/F: A constitution is a primary source of law

true

T/F: A corporation's compliance with the laws of any jurisdiction in which it does business is complicated by the fact that those laws can be very different

false

T/F: A default judgement is a judgement entered by a court in a case in which neither party prevails

true

T/F: A deposition can be used to impeach a party or witness who changes his or her testimony at trial

true

T/F: A federal court will apply federal law in a case involving a federal question

True

T/F: A local ordinance commonly has to do with a matter concerning only a local governing unit

true

T/F: A question of law is generally the focus of an appellate court

false

T/F: A request for admission can lengthen a trial because the parties have to take the time to prove facts on which they may already agree

true

T/F: An appellate court can modify a trial court's decision, in whole or in part

false

T/F: Any court can exercise jurisdiction over any person

true

T/F: Before a lawsuit is initiated, a plaintiff should consider whether the defendant is able to pay the damanges sought

true

T/F: Congress or a state legislature establishes an administrative agency to perform a specific function

true

T/F: Corporations enjoy many of he same rights and privileges as natural persons do

false

T/F: Doing business within a jurisdiction is not enough for most courts to compel a defendant to appear

false

T/F: Equal protection means that the government must treat all individuals the same

False

T/F: Even if it conflicts with the US Constitution, a state constitution is supreme within that states' borders

false

T/F: Failing to strictly follow the procedural rules and standards for determining disputes in court is not likely to affect the outcome in a particular case

false

T/F: Judicial review is the process through which Congress approves or rejects judicial appointments

true

T/F: Jurors decide a case based only on the information that they learn during the trial

false

T/F: Privacy rights receive no protection under federal law

true

T/F: Rules issued by administrative agencies affect almost every aspect of a business's operations

false

T/F: State governments do not have any authority to regulate interstate commerce

true

T/F: The US Constitution is the basis of all law in the United States

true

T/F: The amount of business a corporation does within a state can serve to subject or exempt the firm from that state's jurisdiction

true

T/F: The basis of a civil law system is a written code of laws

true

T/F: The common law is a body of law developed from judicial decisions

true

T/F: The doctrines and principles announced in court decisions governs all areas not covered by statutory or administrative law

true

T/F: The effect of the minimum-contacts standard is business firm has to comply with the laws of any jurisdiction in which it targets customers

true

T/F: The first 10 amendments to the US Constitution are commonly known as the Bill of Rights

true

T/F: The national government has the implied power to undertake actions necessary to carryout its expressly designated powers

false

T/F: The study of business law does not involve an ethical dimension

true

T/F: Under a state long-arm statute, a court can exercise jurisdiction only over certain nonresident defendants

true

T/F: Under the full faith and credit clause, any judicial decision in one state with respect to contract rights will be honored and enforced in all states

true

T/F: Voir dire refers to the jury selection process

true

T/F: local governments, including cities, exercise police powers

C

The 1803 decision of the US Supreme Curt in the case of Marbury v Madison established a. the writ of certiorari b. the rule of four c. the power of judicial review d. the jurisdiction of the courts

D

The Bill of Rights embodies a. payment in the form of taxs by business entities to obtain certain rights b. privileges and immunities of the citizens in several states c. rights established under deeds, wills, contracts, and similar instruments c. a series of protections for the individual against government action

A

The federal form of government is one in which the national government shares sovereign power with: a. the states b. the national government c. no one d. the people

B

The federal government has the power to regulate commercial activities among the states under a. the first amendment b. the commerce clause d. the full faith and credit clause d. the privileges and immunities clause

C

The members of Climate Action believe that a recently enacted federal law is unconstitutional. They write and sign a petition to the government to repeal the law, refuse to obey it, and stop others from complying with it. Under the first amendment, these individuals have a right to a. none of the choices b. stop others from complying with the law c. petition the government d. refuse to obey any law with which they disagree

D

The term checks and balances refers to the system under which a. any judicial branch with respect to property rights in one state will be honored and enforced in all states b. a state must refrain from imposing unreasonable burdens on citizens of another state c. the national government regulates interstate commerce d. the powers of government are divided among its branches

B

To prepare for a trial between Sky Quest Inc. and Telescope Company, the plaintiff's attorney places the defendant's chief executive officer under oath. A court official makes record of the attorney's questions and the CEO's answers. This is a. hearsay b. deposition c. voir dire d. cross examination

D

To reduce traffic, Market Town enacts an ordinance that allows only a few specific street vendors to operate in certain areas. A court would likely review this ordinance under the principles of a. interstate commerce b. free exercise c. free speech d. equal protection

B

Two businesses--Berry Farms LLC and Canned Jams Inc.-- dispute the quality of goods delivered by the seller and the price agreed to by the buyer. With regard to this dispute, the two parties can: a. litigate it b. any of the choices c. resolve it through an alternative method, such as arbitration d. settle it between themselves

C

Under the US Constitution, Congress has the power to regulate: a. only non commercial activities b. only intrastate commercial enterprises c. every commercial enterprise in the US d. only local commercial enterprises

B

Utah enacts a statute to ban advertising in "bad taste." Most likely, a court would hold this statute to be a. justified by the need to protect individual rights b. an unconstitutional restriction of speech c. unconstitutional under the first amendment d. necessary to protect national interests

false

T/F: The rights secured by the Bill of Rights are absolute

C

Federal regulations concerning medical devices directly conflict with a certain state law. Under the US Constitution, which law takes precedence is determined by a. commerce clause b. privileges and immunities clause c. supremacy clause d. full faith and credit clause

D

The Florida legislature enacts a state law that violates the US Constitution. This law can be enforced by: a. the US Supreme court only b. the state of Florida only c. the federal government only d. no one