Business Law Test 1
Uniform laws apply in all states including those in which laws have not been adopted
False
Venue is the term for the subject matter of a case
False
Voir dire is a process for presenting evidence in a case
False
Whether a law is constitutional depends on its source
False
Remedies in equity include injunctions and decrees of specific performance
True
State courts are independent of federal courts
True
State regulation, when not preempted, may cover many of the same activities as federal regulation
True
The U.S. Supreme court can review any case decided by any of the federal courts of appeals
True
The U.S. supreme court has original jurisdiction in rare instances
True
The function of the courts is to interpret and apply the law
True
The stability and predictability of the law is essential to business activities
True
There is one set of procedural rules for federal courts and various sets for state courts
True
U.S. courts follow the adversarial system of justice
True
U.S. district courts have original jurisdiction in matters involving federal questions
True
Most state trial court decisions are not published
True
Federal administrative agencies can regulate beyond the powers granted by legislation
False
Federal case typically originates in a state court
False
Federal courts are superior to state courts
False
For purposes of diversity of citizenship, a corporation is a citizen only of the state in which it is incorporated
False
Three major stages of litigation are filing, answering, and appealing
False
Criminal law focuses on duties that exist between persons
False
Courts of appeals conduct new trials in which evidence is submitted to court and witnesses are examined
False
Diversity of citizenship cases are only those arising between citizens of different states
False
Every judgement is enforceable
False
A counterclaim is raised by a plaintiff against a defendant's answer
False
A court will review a contract for validity even if it contains an arbitration clause
False
A judge's function is to make the law
False
A justiciable controversy is a case in which court's decision will be controversial
False
A reviewing court reverses a trial court's judgement only in a case in which the plaintiff lost
False
A summary judgement is granted only if there is no genuine question of law
False
Administrative agencies cannot make legislative rules, or substantive rules that are legally binding as laws that the Congress passes
False
Administrative law is created by legislatures
False
Arbitration that is mandated by the courts is often binding on the parties
False
Common law is a term for law that is common throughout the world
False
Constitutional law includes only the U.S. constitution
False
Court of appeals hears all the same evidence that the trial court heard
False
Courts do not depart from precedents
False
If the meaning of a statute's language is unclear and an agency interprets it, a court must overturn the interpretation
False
In most states if neither party requests a jury the court will seat a jury on its own motion
False
In most states the courts no longer grant equitable remedies
False
Judge's view of the law is of little importance in a common law legal system
False
Many agency rules require compliance reporting from regulated entities and such a report can not trigger an enforcement investigation
False
Minimum contacts with a jurisdiction are never enough to support jurisdiction over a nonresident defendant
False
Negotiation traditionally involves just the parties to a dispute without their attorneys
False
No state has adopted the Uniform Commercial Code
False
Only a plaintiff may file a motion for summary judgement
False
Petitioner is the party against whom an appeal is taken
False
Service of process is the process of obtaining information from an opposing party before trial
False
Stare decisis is a doctrine obligating judges to help persons to protect their own rights
False
State agency regulations take precedence over conflicting federal agency regulations
False
Statutory law does not include county ordinance
False
The executive branch is the final authority concerning the constitutionality of a law
False
Informal agency actions are exempt from the Administrative Procedure Act's requirements
True
Law is a body of enforceable rules governing relationships among individuals and between individuals and their society
True
A breach of contract is a failure to perform it
True
A business firm may have to comply with the laws of any jurisdiction in which it actively targets customers
True
A case is remanded when it is sent back for further proceedings to the court that originally heard the case
True
A court will not review an administrative agency's decision until the case is "ripe for review"
True
A default judgement is entered against a party who fails to respond to the allegations in a complaint
True
A defendant is a person against whom a lawsuit is brought
True
A judgement may go unpaid
True
A motion for a directed verdict is also known as a motion for judgement as a matter of law
True
A motion for summary may be supported with materials outside the pleadings
True
A state constitution is supreme within the state's borders
True
A state court cannot exercise jurisdiction over property located within the state's boundaries regardless of the property owner's location
True
A state law that conflicts with the U.S. constitution will be deemed unconstitutional
True
A substantive law creates or defines legal rights
True
After a defendant finishes introducing his or her evidence the plaintiff can present a rebuttal
True
Alternative dispute resolution refers to any method for resolving a dispute outside the court system
True
An appellate court can reverse the decision of a trial court that erred
True
Before a lawsuit begins, the court must have proof the defendant was notified
True
Concurrent jurisdiction exists when both federal and state courts have the power to hear a particular case
True
Congress can only pass legislation that falls within the limits set up by the U.S. constitution
True
Courts often rely on common law as a guide to interpreting legislation
True
Damages is a remedy at law
True
Each state has its own constitution
True
Either party can appeal a judge's ruling on any pretrial motion
True
Every state has adopted some or all of the Uniform Commercial Code
True
If a discovery request involves confidential business information the scope of the request can be limited
True
In some states lawyers are not allowed to represent people in small claims courts
True
