Business Law Chapters 1-4 quiz
outside the pleadings
A motion for summary judgment is supported by evidence _____.
special; is not
A party who disputes the jurisdiction of a court can make a _____ appearance in that court to argue against imposition of jurisdiction. Service of process _____ permitted during such an appearance.
statute
A(n) _____ is a written law enacted by the legislative branch of the federal and state governments that establishes certain courses of conduct to which covered parties must adhere.
long-arm
A(n) _____ statute extends a state's jurisdiction to nonresidents who were not served a summons within the state.
rebuttal
After the defendant's attorney has finished calling witnesses, the plaintiff's attorney can call witnesses and put forth evidence to rebut the defendant's case. This is called a _____.
appellate court
An appeal is the act of asking a(n) _____ to overturn a decision after the trial court's final judgment has been entered.
virtual
An electronic court is also called a _____ courthouse.
statute of limitations
A _____ establishes the period during which a plaintiff must bring a lawsuit against a defendant.
class action
A _____ is a lawsuit where a group of plaintiffs with common claims collectively bring a lawsuit against a defendant.
in personam
A court's jurisdiction over a person is called _____ jurisdiction.
precedent
Based on the common law tradition, past court decisions become _____ for deciding future cases.
common
English _____ law was developed by judges, who issued their opinions when deciding cases. The principles in these cases became precedent for later judges deciding similar cases.
codified
Federal statutes are organized by topic into code books. This is often referred to as _____ law.
unanimous
If all of the United States Supreme Court justices agree as to the outcome and reasoning used to decide a case, it is a _____ decision.
majority
If five United States Supreme Court justices agree as to the outcome and reasoning used to decide a case, it is a _____ decision.
plurality
If five United States Supreme Court justices agree as to the outcome of a case but not as to the reasoning for reaching the outcome, it is a _____ decision.
default judgement
If the defendant does not answer the complaint, a _____ is entered against him or her.
remittitur
In a civil case, the judge may reduce the amount of monetary damages awarded by the jury if he or she finds the jury to have been biased, emotional, or inflamed. This is called _____
charges
Jury instructions are also known as _____.
small
Many states have created _____ claims courts to hear cases involving small dollar amounts, such as $5,000 or less.
judge
Once the closing arguments are completed, the _____ reads jury instructions to the jury. These instructions inform the jury about what law to apply when they decide the case.
attachment
Quasi in rem jurisdiction is also known as _____ jurisdiction.
concurrent
State courts have _____ jurisdiction with federal courts to hear cases involving diversity of citizenship and federal questions over which federal courts do not have exclusive jurisdiction.
inferior
State limited-jurisdiction trial courts are sometimes referred to as _____ trial courts.
Chicago
The Law and Economics School of jurisprudence is also called the _____ School.
federal administrative agency
The Securities and Exchange Commission is an example of a _____.
general
The U.S. district courts are the federal court system's trial courts of _____ jurisdiction.
nine; president; Senate
The United States Supreme Court is composed of _____ justices who are nominated by the _____ and confirmed by the _____.
judgment n.o.v.
The court may overturn the verdict if it finds bias or jury misconduct. This is called a _____.
supreme
The highest court in a state court system is usually referred to as the state _____ court.
deponent
The person giving a deposition is called the _____.
executive
The president of the United States is empowered to issue _____ orders.
negotiation
The simplest form of alternative dispute resolution is _____
94
There are _____ U.S. district courts.
13
There are _____ circuits in the federal court system
13
There are _____ circuits in the federal court system.
Sociological
The _____ School of jurisprudence asserts that the law is a means of achieving and advancing certain sociological goals.
Law and Economics
The _____ School of jurisprudence believes that promoting market efficiency should be the central goal of legal decision making.
Command
The _____ School of jurisprudence believes that the law is a set of rules developed, communicated, and enforced by the ruling party rather than a reflection of the society's morality, history, logic, or sociology.
Critical Legal Studies
The _____ School of jurisprudence proposes that legal rules are unnecessary and are used as an obstacle by the powerful to maintain the status quo.
litigation
The bringing, maintaining, and defending of a lawsuit is generally referred to as _____.
rejoinder
The defendant's attorney can call additional witnesses and introduce other evidence to counter the plaintiff's rebuttal. What is this called?
standing
To bring a lawsuit, a plaintiff must have _____ to sue.
Full Faith and Credit
Under the _____ Clause of the United States Constitution, a judgment of a court of one state must be recognized by the courts of another state.
to review the trial court record for errors
What is the function of an intermediate appellate court?
the lower court decision is affirmed, and the vote is not precedent for later cases
What is the legal effect of a tie vote at the United States Supreme Court level?
there is no dollar-amount limit
What is the dollar-amount limit on federal question cases that can be brought in federal court?
process
When the complaint and summons are served on the defendant, this is called service of _____.
law, equity, and merchant
Which of the following are categories of courts that established English common law?
pretrial conference
Which of the following is NOT a major form of discovery?
interrogatory
Which of the following is NOT a major pleading in a lawsuit?
symbolic
Which of the following is NOT a recognized method of service of process?
establishing uniform principles of individual morality
Which of the following is not a primary function of law in the United States?
which executive nominated the judge presiding over the case?
Which of the following is not a relevant question according to the IRAC method of critical legal thinking?
Law and Economics
Which of the following schools of jurisprudential thought might suggest that the federal government's policy of subsidized housing provides incentives resulting in too many homes being built?
Critical legal thinking
_____ improves a person's problem-solving skills and helps him or her to make clear, logical, rational, and well-reasoned conclusions and judgments.
To maintain a class action, a class must be _____ by the appropriate federal or state court.
certified
treaty
A(n) _____ is a compact made between two or more nations.
summons
A(n) _____ is a court order that directs the defendant to appear in court and answer the complaint.
ordinance
A(n) _____ is a law enacted by local government bodies, such as cities and municipalities, counties, school districts, and water districts.
interrogatories
_____ are written questions submitted by one party to a lawsuit to another party.
law
_____ is a body of rules of action or conduct prescribed by controlling authority and having binding legal force.
arbitration
_____ is a form of alternative dispute resolution in which the parties choose an impartial third party to hear and decide the dispute.
mediation
_____ is a form of negotiation in which a neutral third party assists (without making a decision or an award) the disputing parties in reaching a settlement of their dispute.
consolidation
_____ is the act of a court to combine two or more separate lawsuits into one lawsuit.
voir dire
_____ is the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions.
in rem
_____ jurisdiction means "jurisdiction over the thing."
stare decisis
_____ means "to stand by the decision."
diversity
_____ of citizenship occurs if a lawsuit involves citizens of different states, or a citizen of a state and a citizen or subject of a foreign country.
The United States Constitution is
_____ the supreme law of the United States.
