Business Law

depositions a) are taken before trial, during discovery b) are taken before trial during discovery but may not be taken from the defendant herself c) are taken before trail or during trail d) may only be taken once trail have commenced e) are taken during preparation for appeals

a) are taken before trial, during discovery

Substantive as opposed to procedural law includes a) contract law b) administrative procedure c) civil procedure d) b and c e) a, b, and c

a) contract law

a principal function served by the appellate courts is to a) ensure that the trail judge correctly applied the lay b) investigate the jury members to be sure that each was thinking in an unbiased manner c) verify the factual determinations made by the judge d) verify the factual determinations made by the jury e) all of the above

a) ensure that the trail judge correctly applied the lay

the purpose of the pleadings is to a) notify each of the parities of the claims and defenses of each other b) limit the evidence to the agreed upon items c) determine if a jury will be used d) a and b e) a and c

a) notify each of the parities of the claims and defenses of each other

suppose both sides in a suit agree about certain facts so they do not need to be proven at trail to settle facts about which there is no real dispute the parties may use a) requests for admissions b) expert witness commentary c) protective order for documents d) sanctions e) none of the above

a) requests for admissions

congress grants to an agency the power to perform regulatory functions. a statute delegating power to an agency is called a) an administrative statute b) an enabling statute c) a regulatory statute d) a permanence statute e) a public interest statute

b) an enabling statute

if a federal agency issues a new regulation it may a) be challenged in court by any citizen individual or corporate b) be challenged by parties who claim the regulation cause them legally recognized harm c) be challenged only if there is a constitutional issue in question d) not be challenged if issued under a congressional order that precludes all challenges e) none of the above

b) be challenged by parties who claim the regulation cause them legally recognized harm

the first amendment limits a) police from searching a private home without a warrant and due process b) congress from making certain laws restricting freedom of speech c) race and sex discrimination d) unequal taxes on in-state- and out of state business e) congress from restricting the right to bear arms

b) congress from making certain laws restricting freedom of speech

when an agency issues a substantive rule it is generally required by the apa to: a) interview all parties who will be affected by the regulation before it issues a final order b) provide public notice and the opportunity for interested parties to comment c) inform the president of the us of the proposed rule d) receive the approval of both houses of congress before it issues a final order e) both c and d

b) provide public notice and the opportunity for interested parties to comment

the fifth amendment protects individuals against a) illegal search and seizure b) self incrimination c) excessive fine d) trail without a jury e) none of the above

b) self incrimination

a person is notified that a lawsuit has been filed against the by a a) default judgment b) summons c) venue d) quasi in rem e) none of the above

b) summons

the fourth amendment of the constitution a) protects individuals from unreasonable search and seizure b) protects business from unreasonable search and seizure c) a and b e) a, b, and c

c) a and b

How substantive law is enforced through the courts is determined by: a) criminal law b) civil law c) procedural law d) public law e) private law

c) procedural law

if the congress imposes a regulation on business that is constitutional a) "local" business will be exempt b) the part of the business in intrastate commerce is exempt c) state may not enact laws that burden interstate commerce d) b and c e) a, b, and c

c) state may not enact laws that burden interstate commerce

the first ten amendments of the US constitution are called a) the constitutional amendments b) the due process amendments c) the bill of rights d) the articles of confederations e) the declaration of independence

c) the bill of rights

the goal of mediation is to a) create an adversarial environment b) reach a mutually acceptable agreement c) win a judgement against one's opponent d) force one party to accept defeat e) hide information from ones opponenet

c) win a judgement against one's opponent

Statutory Law is a) the separation of powers at the federal law b) also known as the fundamental law of the nation c) a form of common law d) a law enacted by a legislative body e) all of the above

d) a law enacted by a legislative body

parties to a suit may prefer a state or federal court because a) the law may be more favorable in one court b) the procedure may be more favorable in one court c)the judge may be more favorable in one court d) all of the above e) none of the above; they are too much the same

d) all of the above

when an administrative agency engages in rule making it must first publish the proposed rule then it must a) conduct a trail like hearing b) examine witnesses from both sides of the issue c) have open oral testimony by all interested parties d) allow written commentaries by interested parties e) all of the above

d) allow written commentaries by interested parties

what is the general rule concerning what is said during a mediation and a later court proceeding? a) mediators must always testify about what they know b) mediators will often but not always have to testify c) mediators cannot be required to testify d) mediators may never testify e) none of these is correct rule as stated by the Colorado supreme court

d) mediators may never testify

In addition to judge-made common law "law" includes a) state constitutions b) statutes c) administrative regulations d) a and b only e) a, b, and c

e) a, b, and c

As the supreme court has explained for a state to have jurisdiction over an out-of-state business there must exist a) significant business relationships b) physical relationships c) substantial business contacts d) intrastate business e) none of the above

e) none of the above

service of process (summons) is usually achieved by a) long arm statute b) service in absentia c) publication in a local media d) substituted service e) none of the above

e) none of the above

which of the following concerns legal wrongs committed against the government a) tort law b) procedural law c) ethical law d) public law e) none of the above

e) none of the above

State courts may never have jurisdiction in which of the following situations a) plaintiff and defendant live in the same state and the dispute involves state law b) plaintiff and defendant live in different states the matter involves state law and the amount in controversy is less than 75000 c) plaintiff and defendant live in different states the matter involves state law and the amount controversy is more than 75000 d) plaintiff and defendants live in different states and the dispute involves federal law e) none of the above; state courts could have jurisdiction in any of the about situation

e) none of the above; state courts could have jurisdiction in any of the about situation

an arbitrators decision may be appealed based on an error of law only

false

at an arbitration hearing the procedure followed is similar to but more formal than courtroom trial

false

because the first amendment says that congress shall make no law abridging the freedom of speech the supreme court has held that no statutes may limit speech

false

common law changes only by act of legislature

false

criminal law is defined as legal wrongs committed against individuals or businesses

false

if a person produces a product locally and sells the product locally federal regulation of the product would not apply since there is only intrastate commerce

false

if a plaintiff files suit against a defendant for something that happened five years ago and there is a three year statute of limitations the defendant has a negative defense

false

if both parties to a case live in the same state and there is less than 75000 in dispute then no matter what the issue the case must be in state court

false

if congress passes a regulation a state are allowed to eliminates those parts of the federal rule that injure businesses in that state

false

state long arm statues may be used to obtain jurisdiction over any coporation regardless of how much business it does in a state

false

statutory law is created by executive order

false

the commerce clause in practice has a small effect on the operation of business int he united states

false

the first of the pleadings is known as an answer

false

when agencies write substantive (legislative) rules they must receive approval of congress before becoming effective

false

a distinctive element of our judicial system is that it is an adversary system of justice

true

an administrative law judge is not a federal judge but an employee o fan administrative agency

true

an administrative procedures act is a major source of administrative law

true

diversity of citizenship is a basis for allowing federal jurisdiction when a legal dispute arises between citizens of different states

true

subject matter jurisdiction is constitutional or statutory limitation on the disputes a court can resolve

true

the administrative procedures act is a major source of administrative law

true

the bill of rights was added to the constitution after it had been adopted

true

the doctrine of stare decisis means that the decisions in past cases will be followed in resolving present cases

true

the legal culture o f society includes the attitudes of members of society concerning the law and legal system

true

the plaintiff is the party who initiates a lawsuits

true

the process of discovery encourages settlement of cases

trure