Business law
Who regulates the internet?
- Federal law - State law A. state laws can't duly burden interstate commercial or unconsitutional
We are a federalism system of government and states share power
1. Any power not delegated to federal government is reserved to states; 2. Interstate commerce; 3. Formation of partnerships or corporations
U.S. Constitution has 2 main functions:
1. Creates 3 branches of the government... 1. Executive 2. Legislature 3. Judicial 2. Protects individual rights: Limits governmental power
Separations of power In Constitutional law and compared to laws
1. Executive Orders 2.Administrative Regulations A. executive enforces B. Legislature makes C. Judicial interprets
E-Commerce
1. No physical Site 2. Bricks and mortar store 3. Off shore sites
Amendements to the constitution
27 total 1-10 are bill of rights
In selecting a mediator what should you consider? a) Do they know the jurisdiction b) Do they have knowledge of the lawsuit c) Are they cheap d) Will they travel to your home city to mediate
A. Do they know the Jurisdiction
Federal Judges are appointed by which branch of government? Executive Legislative Judiciary
A. Executive
A Court ordered mediation requires the parties to mediate prior to trial.
A. True
An arbitration panel is always on odd number?
A. True
What is the primary protection of the 5th Amendment to the United States Constitution? Against self-incrimination Right to vote Freedom of speech
Against Self-incrimination
Which is a type of law? A. Common B. Statute C. University Policies D. All of the above
All of the above
Supremacy Clause
Article IV, paragraph 2 of U.S. Constitution and establishes federal laws and treaties as supreme law of U.S. A. Any state law that conflicts is unconstitutional - States retained police powers
An arbitration clause in a contract requires arbitration before a lawsuit can be prosecuted?
B. False
An arbitration panel is picked by the court?
B. False
A mediation could result in the following...
B. Money Changing Hands
The easiest and cheapest Alternative Dispute Resolution is ... a) Hire a lawyer b) Take matters into your own hands c) Negotiate d) None of the above
C. negotiation
I should mediate a case prior to filing a lawsuit because ... a) There are facts the other side doesn't know b) Cost c) I don't want to testify at trial d) All the above
D. All of the above
A reason to use an Alternative Dispute Resolution is ... a) Cheaper b) More certain c) You have more control of the process d) All the above
D. All the above
The Unites States's form of government is: Federalism Democratic Communism Socialism None of the above
Democratic
A state income tax is valid even if the state income tax law allows you to avoid paying 30% of your federal income tax because you are paying that money to the state. True False
F
A judge's function is to make the law. True or False
False
A key to avoiding business disputes is to go ahead without thinking ahead. True or False
False
Constitutional law includes only the U.S. Constitution. True False
False
The 13 original colonies had a formal constitution prior to the adoption of the U.S. Constitution. True False
False
The term common law refers to law that is common throughout the world. True or False
False
What right does the 1st Amendment to the U.S. Constitution protect? Freedom speech Right against self-incrimination Right to vote
Freedom of Speech
Any state law that is contradictory to a federal law is: Valid within the boundaries of the state where enacted Good if it promotes solely a state interests Unconstitutional Valid if in one of the original 13 colonies
Good if it promotes solely a state interests
Which branch of government generally introduces new laws?Legislative Executive Judicial
Legislature
Tom, a West Virginia resident, was in a car wreck in West Virginia with another West Virginia resident, where can he bring his lawsuit? Pennsylvania Ohio Federal Court None of the above
None of the above
A mediation has taken place, the parties are only $5,000.00 apart in a multi-million dollar case. The Court wants to know the status of settlement talks...the court can... a) Require the mediator to disclose the status of mediation b) Order mediation to continue c) Ask the parties d) b and c only
Order mediation to continue Ask the parties
What should always happen before a mediation takes place?
Plaintiff makes a demand
The Supremacy Clause of the U.S. Constitution establishes And Grants the original colonies supreme power as to the other 37 states and U.S. territories Allows the federal government to enact any law it chooses The U.S. Constitution and federal laws and treatises as supreme law of U.S. None of the above
The U.S. Constitution and federal laws and treatises as supreme law of U.S.
A state constitution is supreme within the state's borders. True or False
True
A state law that conflicts with the U.S. Constitution will be deemed unconstitutional. True False
True
I call the President of Abscam University a profane name. Is that protected speech under the 1st Amendment? True or false
True
I live in West Virginia. I buy a new television from Best Buy over the internet. The state of West Virginia can require Best Buy to collect WV sales tax on the purchase and pay it to the state. True or False
True
Law if the body of enforceable rules governing relationships among individuals and between individuals and their society. True or False
True
One act can lead to both a criminal and a civil suit? a) true b) false
True
The Legislative Branch of Government is the only branch that can originate Laws. True or False
True
The result of successful mediation is a contract?
True
The stability and predictability of the law are essential to business activities. True or False
True
The states that seceded the union during the Civil War were not in violation of U.S. Constitution law at this time True False
True
There is a set of federal rules of procedure and various set of rules for state courts. True or False
True
Whether a law is constitutional depends on its source. True or False
True
West Virginia has an influx of former residents of Ohio. We all know they drive in the wrong lane of the interstate highway. WV passes a law restricting anyone who used to live in Ohio from obtaining a license to drive in WV. This law is: A really good one! Unconstitutional because it restricts freedom of movement Unconstitutional because it violates the 14th Amendment. Constitutional because it does not discriminate due to race, sex, religion, etc.
Unconstitutional because it violates the 14th Amendment.
A decision in arbitration is binding
Yes
Fresh Pantry Products Inc. and Market Grocers LLC are having a dispute over a term in their contract. If Fresh Pantry and Market Grocers resolve their dispute by having a neutral third party render a binding decision, they will have used the method of a. arbitration. b. intervention. c. mediation. d. conciliation
a. arbitration
Hope wants to file a suit against Gerry. For a court to hear the case, a. the court must have jurisdiction. b. Gerry must agree. c. the parties must own property. d. the parties must have no minimum contacts with each other.
a. the court must have jurisdiction.
The case of Spoons Soup Café v. Tacos de Tomas Lunch Truck is heard in a trial court. The case of Gino's Gelato Ice v. Refrigerated Transport Co., is heard in an appellate court. The difference between a trial and an appellate court is whether a. the proceedings focus on the presentation of evidence and the examination of witnesses. b. the court is appealing. c. the subject matter of the case involves complex facts. d. the parties question how the law applies to their dispute.
a. the proceedings focus on the presentation of evidence and the examination of witnesses.
Fresh Pantry Products Inc. and Market Grocers LLC are having a dispute over a term in their contract. If Fresh Pantry and Market Grocers have a long-standing business relationship that they would like to continue, they may prefer to settle their dispute through mediation because a. the process is not adversarial. b. the dispute will eventually go to trial. c. the case will be heard by a mini-jury. d. the resolution of the dispute will be decided an expert.
a. the process is not adversarial.
13th amendment
abolished slavery
Soap 'n Suds Cleaning Supplies Company and Tiempo Transport, Inc., agree to a contract that includes an arbitration clause. If a dispute arises, a court having jurisdiction may a. order an arbitrator to rule in a particular way. b. order a party to submit to arbitration. c. order a party to bring the dispute to court. d. monitor any arbitration until it concludes.
b. order a party to submit to arbitration.
Felicity wants her suit against Godwin to be a federal case. A federal case originates in a. a federal court of appeal. b. a federal administrative agency. c. a federal district court. d. a state's highest court.
c. a federal district court.
Paltry Poultry Farms, which is based on Arkansas, raises and sells chickens and eggs that lack quality. Raven, who is a resident of Missouri, buys a Paltry product and suffers an injury through its consumption. Raven wants to bring a lawsuit against Paltry. The diversity of citizenship between these parties means that a. no court has jurisdiction. b. federal courts have exclusive jurisdiction. c. federal and state courts have concurrent jurisdiction. d. state courts have exclusive jurisdiction.
c. federal and state courts have concurrent jurisdiction.
Liz and Moss disagree over the amount due under their contract. To avoid involving any third party in the resolution of their dispute, Liz and Moss might prefer to use the alternative dispute resolution method of a. mediation. b. arbitration. c. negotiation. d. litigation.
c. negotiation.
Raylene files a suit against Travis. If this suit is like most cases, it will be a. resolved only after a trial. b. dismissed during a trial. c. settled before a trial. d. transferred to a higher court.
c. settled before a trial.
Stefan wins his suit against Tidewater Boats, Inc. Tidewater's best ground for appeal is the trial court's interpretation of a. what happened to give rise to the dispute. b. the demeanor of the witnesses during the trial. c. the law that applied to the issues in the case. d. the dealings between the parties before the suit.
c. the law that applied to the issues in the case.
Fresh Pantry Products Inc. and Market Grocers LLC are having a dispute over a term in their contract. The least expensive method of resolving the dispute between Fresh Pantry and Market Grocers may be a. mediation because the dispute will be resolved by a nonexpert. b. arbitration because the case will be heard by a mini-jury. c. litigation because each party will pay its own legal fees. d. negotiation because no third parties are needed.
d. negotiation because no third parties are needed.
D'Antoni files a suit in a federal district court against Enya. D'Antoni loses the suit, appeals to the U.S. Court of Appeals for the Ninth Circuit, and loses again. D'Antoni asks the United States Supreme Court to hear the case. The Court is a. required to hear the case because D'Antoni lost in a lower court. b. required to hear the case because D'Antoni lost in a federal court. c. required to hear the case because it is an appeal. d. not required to hear the case.
d. not required to hear the case.
Mediocrité, Inc., makes and sells goods that are substandard. Naomi, who has never bought or used a Mediocrité item, files a suit against the firm, alleging that its products are defective. The company's best ground for dismissal of the suit is that Naomi does not have a. jurisdiction. b. certiorari. c. sufficient minimum contacts. d. standing.
d. standing.
1st amendment
freedom of speech freedom of religion freedom of press
14th amendment
the state cannot deny any person in their jurisdiction equal protection of law
