Bus. Law Test 1 - Multiple Choice and True/False
A court may render a binding decision whether or not it has jurisdiction over the dispute and the parties to that dispute
false (has to have jurisdiction over the parties)
In a civil trial, the plaintiff must show that the defendant is guilty beyond a reasonable doubt
false (in a criminal trial)
courts, by adjudicating, formulate more policy than do administrative agencies
false (judicial systems)
venue is the power of a court to hear and decide a case
false (jurisdiction is the power of a court to hear and decide a case; venue is the particular geographic place where a court with jurisdiction may hear a case)
business law is primary public law
false (private law)
Substantive due process refers to the decision-making process that results in depriving a person of life, liberty, or property
false (procedural due process)
administrative law is a branch of private law
false (public law)
a motion for a directed verdict is similar to a motion for judgement notwithstanding the verdict in that they are both made after the jury returns a verdict
false (the directed verdict is made by the judge after a trial has begun but before the jury renders a verdict)
a person who is involved in a hearing with an administrative agency has a right to a trial by jury
false (there are no juries in administrative agencies)
while goods are in the stream of interstate commerce, they may be taxed by individual states
false (they may not be taxed)
the federal courts have exclusive jurisdiction of cases involving federal questions
false (when a court hears a concurrent federal question case, it applies federal substantive law but its own procedural rules)
the protection of the ___________ amendment applies to cases involving the tort of defamation
first
Under the first amendment, a government ban is appropriate and lawful on forms of communication more likely to deceive the public that to inform it
true
Under the principle of judicial review, the courts have the authority to determine the constitutionality of legislative and executive acts
true
a constitution is a fundamental law of a particular level of government
true
a deposition is a method of discovery consisting of sworn testimony of the opposing party or witness taken out of court
true
a quorum the U.S. Supreme Court consists of any six justices
true
adminsitrative agencies promulgate three types of rules: legislative, interpretative, and procedural
true
federal supremacy means that federal law takes precedence over conflicting state laws
true
most legislative rules are issued in accordance with the informal rule making procedures of the APA
true
the 14th amendment provides that states shall not deny equal protection to persons
true
the Supreme Court has held that the U.S. constitution prohibits discrimination in jury selection on the basis of race or gender
true
the U.S. Supreme Court normally exercises appellate jurisdiction, although in certain instances it does exercise original jurisdiction
true
the U.S. district courts are the trial courts in the federal court system
true
the contract clause of the U.S. Constitution applies only to the actions of state governments
true
the courts of equity arose to provide relief to those who had no adequate remedy at common law
true
the decision of an arbitrator is binding on the parties
true
the doctrine of federal preemption requires a conflicting state law give way to the federal legislation
true
the law is constantly changing in an effort to meet the evolving needs of society
true
the order of an administrative law judge may be appealed to the governing body of the agency
true
the prevailing party in a civil lawsuit automatically has the right to revoker his or her attorney's fees from the party who lost
true
the strict scrutiny test requires that the legislature's classification be necessary to promote a compelling or overriding governmental issue
true
the supreme court of the united states ultimately decides the constitutionality of any law
true
to be valid legislative rules must not exceed the actual authority granted to the agency by the enabling statue
true
under the process of judicial review, the U.S. Supreme Court is the final authority as to the constitutionality of federal and state laws
true
state court judges in most states receive lifetime appointments from the governor
false
the supreme court recently held that governmental restrictions of commercial speech must be absolutely the least severe necessary to achieve the governmental objective
false
there is no right to trial by jury in civil cases
false
the contract clause invalidates state laws that burden interstate commerce
false (commerce clause)
because of the many statues enacted by the legislatures of the states and by the federal government, the American legal system is considered to be a civil law system.
false (considered to be a common law system)
the right of eminent domain permits the taking of private property for any purpose by government with fair compensation
false (for public use)
Diversity of citizenship exists when: a. the plaintiff and defendant are citizens of different states b. a foreign country brings an action against U.S. citizens c. U.S. citizens bring an action against citizens of a foreign country d. all of the above
D
Exclusive federal powers include which of the following? a. to establish post offices b. to coin currency c. to grant patents d. all of the above are exclusive federal powers
D
A binding process in which a third party acts as an intermediary between the disputing parties is an: a. arbitration b. conciliation c. mediation d. mini-trial
A
In the Criminal trial of State of West Virginia v. Dawson, the defendant in the action was: a. Dawson b. the State of West Virginia c. the victim of the crime d. the federal government
A
Jurisdiction of a court over a part to a lawsuit is: a. in personam b. in rem c. attachment d. venue
A
The most successful work by the National Conference of Commissioners on Uniform State Laws and American Law Institute has been the: a. Uniform Commercial Code b. Uniform Limited Partnership Act c. Model Business Corporation Act d. Uniform Probate Code
A
Which of the following is/are a part of the pleading state in civil procedure? a. answer b. discovery c. interrogatory d. all of the above
A
Which of the following would require application of the intermediate equal protection test? a. legitimacy b. non protected speech c. protected noncommercial speech d. none of the above
A
A party to a civil action who feels that there are no issues of fact to be determined by trial would most likely move for: a. a new trial b. a summary judgement c. a directed verdict d. a judgement notwithstanding the verdict
B
In a civil action, the plaintiff is the party more likely to file: a. an anser b. a reply c. a counterclaim d. a demurrer
B
Paul Plaintiff wants to be certain that a prospective juror is not selected. He may accomplish this through the use of: a. a write of certiorari b. a peremptory challenge c. voir dire examination d. a demurrer
B
The Contract Clause restricts: a. the federal government from retroactively modifying contracts b. the states from retroactively modifying contacts c. the states from exercising the power of eminent domain d. none of the above
B
The appeals court decision in the case of State v. Dawson, 282 S.E.2d 284, may be found at: a. page 282 of volume 284 of the Southeastern Reporter, second series b. page 284 of volume 282 of the Southeastern Reporter, second series c. page 282-284 of volume 2 of the Southeaster Reporter d. none of the above
B
the equal protection clause is contained in the; a. 5th amendment b. 14th amendment c. 1st amendment d. 4th amendement
B
the main function of the appellate courts is to: a. keep criminals out of jail b. review the decisions of the trial courts for prejudicial error c. to hera the testimony of witnesses d. determine questions of fact
B
which of the following is a true statement with regard to the commercial clause of the U.S. Constitution? a. it expressly excludes state regulation of interstate commerce b. it expressly permits federal regulation of interstate commerce c. it expressly excludes state regulation and expressly permits federal regulation d. the U.S. constitution makes no statement regarding regulation of commerce
B
A major difference between law and equity is that: a. today, in most states, courts of law decide law cases and courts of equity decide equity cases b. law originated in America and equity was developed in England c. the plaintiff could seek money damages under law, while the plaintiff could seek specific performance under equity d. equity was overly rigid, while law provided various remedies
C
Bill Businessman files a lawsuit against Carl Contractor for breach of contract. This case is a(n): a. equitable action b. criminal proceeding c. civil lawsuit d. public law cases
C
Helena was born in Florida. While she was in school, she and her family moved to Texas, where she stayed to attend college. After graduation, Helena accepted an exciting job with an advertising agency in New York, and she moved to an apartment in New Jersey. She is now named a defendant in a diversity of citizenship lawsuit. Helena would be considered a citizen of: a. Florida b. New York c. New Jersey d. Florida, New York, and New Jersey
C
In a civil action, proper service of the summons establishes: a. the court's venue b. the court's subject matter jurisdiction over the controversy c. the court's jurisdiction over the defendant d. all of the above
C
In equal protection cases involving fundamental rights or suspect classifications, which test would be used for review by the Supreme Court? a. rational relationship test b. procedural due process test c. strict scrutiny test d. substantive relationship test
C
Substantive due process rights would include all of the following except: a. right of privacy b. right to interstate travel c. right to have certain evidence excluded from trial d. right to vote
C
The highest source of the law in the United States is: a. an executive order of the president b. an interstate compact c. the federal constitution d. the state constitutions
C
The main purpose of the Bill of Rights is to: a. provide restrictions on the powers of the states b. provide the authority for federal government to regulate business c. provide restrictions on the powers of the federal government d.none of the above
C
Which of the following is not a category of private law? a. tort law b. contract law c. criminal law d. property law
C
Which of the following is not a category of public law? a. constitutional law b. criminal law c. contract law d. administrative law
C
Which of the following is not a characteristic of a court of equity? a. it may provide inductive relief b. it may reform or rescind a contract c. it presides over jury trial d. it may command a person to perform a contract
C
Which of the following is not a primary functions of a law? a. Maintain stability in the social, political, and economic system b. protect ownership of private property c. insure to all a minimum living d. preservation of the state
C
in a case where the appropriate state and federal courts have concurrent jurisdiction to hear the matter, the plaintiff may bring the action: a. in the state court only b. in the federal court only c. in the state court or the federal courts d. none of the above
C
which of the following would be considered property for purposes of procedural due process? a. social security payments b. food stamps c. both social security and food stamps d. neither social security nor food stamps
C
The ___________________ operates as a restriction on state regulations that obstruct or unduly burden interstate commerce
Commerce clause
A person who is injured by the wrongful act of another may bring a civil suit to: a. recover money damages b. have the wrongdoer thrown in jail c. order he wrongdoer to engage in or desist from certain conduct d. a and c, not not b
D
Most states have adopted long-arm statues to expand their jurisdiction. Under such statues nonresident defendants may be served if they: a. have committed a tort within the state b. own property within the state and that property is the subject of the lawsuit c. have entered into a contract within the state d. all of the above
D
Paul Plaintiff, a resident of Texas, and David Defendant, a resident of Colorado, are involved in a contractural dispute amounting $80,000. The contract was executed in Texas. Paul may sure in: a. Colorado state court b. Texas State court c. Texas federal court d. either Texas Sate court or Texas federal court
D
Sources of state include: a. state judicial decisions b. state constitutions c. state statues d. all of the above
D
To render a binding decision, a court must have: a. subject matter jurisdiction b. jurisdiction over the parties to the dispute c. quasi in rem jurisdiction d. a and b above
D
Which of the following are considered to be fundamental principles, which apply to both the powers of and the limitations of the government? a. federal supremacy b. judicial review c. separation of powers d. all of the above
D
Which of the following federal "powers" stem from the Commerce Clause? a. the power to coin money b. the power to tax c. the power of eminent domain d. environmental protection
D
Which of the following is a special court in the federal judicial system? a. U.S. Court of Federal Claims b. U.S. Tax Court c. U.S. Court of Appeals for the Federal Circuit d. all of the above
D
Which of the following is not true of an action brought under criminal law? a. it involves a wrongful act b. criminal guilt must be proven beyond a reasonable doubt c. it must be brought by the government d. the main purpose of the suit is to require payment of money damages to the victim
D
Which of the following is/are equitable remedies? a. Injunction b. Reformation c. Rescission d. all of the above
D
While the principle of stare decisis provides that courts will follow their precedents in making subsequent decisions, nevertheless a court may decline to follow its precedents: a. to correct an erroneous decision b. to choose among conflicting precedents c. in recognition of the fact that the needs of society change over time d. all of the above
D
for the purpose of procedural due process, the term "property" includes: a. real property and personal property only b. real property and entitlements only c. personal property and entitlements only d. real property, personal property, and entitlements
D
A state statue may be valid even though it violates the federal constitution
False
The Uniform Commercial Code is a federal statue that was adopted by Congress to make the law uniform among the states
False (National Conference of Commissioners on Uniform State Laws - NCCUSL)
Interpretive rules establish an administrative agency's organization and method of operation
False (procedural rules)
U.S. Supreme Court Justices are appointed for life by the president
True
administrativo agencies create more legal rules and adjudicate more controversies than all the legislatures and courts combined
True
Which of the following constitutional limitations of power, most applicable to business, applies only to actions of state governments? a. the contract clause b. the first amendment c. due process d. equal protection
a
Commercial speech receives the highest degree of protection under the First Amendment
false
an activity conducted solely in one state is not subject to regulation by federal government
false
enabling statues require that all administrative rules be made only after the opportunity for an agency hearing
false
over the past century, the emphasis in law has shifted from legislatively enacted (Statutory) to judge-made (common) law
false
restatements of a law are a source of law written by legal scholars, and restatements are binding on the courts
false
A corporation may be a citizen of more than one star for diversity of citizenship purposes
true
Although the law is greatly affected by moral concepts, morals and law are not the same
true
Forms of relief in a civil law include judgments for money demands and equitable remedies
true
In a civil action, the plaintiff must prove the case be a preponderance of the evidence
true
Judicial review is the process by which courts review the constitutionality of government actions
true
