Business Law Chapters 1-4 quiz

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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.


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