question

Courts are not obligated to follow precedents

answer

False

question

The Pennsylvania legislature enacts a state law that violates the U.S. Constitution. This law can be enforced by

answer

No one

question

Charles is a federal judge whose judicial decisions are part of case law, which does not include interpretations of

answer

Sound bites in the media

question

Procedural law consists of all laws that outline the methods of enforcing rights.

answer

True

question

Dave and Ellen enter into a contract via e-mail. When a dispute arises over the performance of the deal, Dave files a suit against Ellen. The emerging body of law that governs transactions conducted via the Internet is referred to by the term

answer

Cyberlaw

question

A jury's good sense and careful consideration of consequences is known as jurisprudence.

answer

False

question

Laws and governmetn regulations affect almost all business activities.

answer

True

question

Larry enters into a contract with Motivational Education Services to host a panel discussion at a sales conference. When the conference is postponed indefinitely, Larry asks a court to cancel the contract and return the parties to the positions that they held before its formation. This request involves

answer

Rescission

question

Each judge had his or her personal beliefs and philosophy, which shape the legal reasoning process.

answer

True

question

Beth is a victim of Carl's violation of a criminal law. Criminal law is concerned with

answer

wrongs committed against the public as a whole

question

A provision in the California state constituion conflicts with a provision in the U.S. Constitution. If challeged

answer

The U.S. Constitution, not the state provision, will be enforce.

question

Common law is term for the laws that are familiar to most of us.

answer

False.

question

Decisions by higher courts are not binding on lower courts

answer

False

question

Jane enters into a contract with Jill to provide 100 roses for a dinner party. Jill fails to deliver the roses. Jane initiates a suit against Jill, asking the court to order Jill to refund Jane's payment. Jane is

answer

The Plaintiff

question

Maggie and Nate enter into a contract fo the sale of a car, but Nate later refuses to deliver the car. Maggie asks a court to order Nate to perform as promised. Ordering a party to perform what was promised is

answer

Specific performance

question

Sara believes that she has a strong case against Tom for the breach of an employment contract. Despite this belief, Sara cannot file a suit against Tom after the expiration of the time allowed for the filing under

answer

A statue of limitations

question

The decisions made by the courts establish the boundaries of the law as it applies to almost all business relationships.

answer

True

question

In the case of Retail Sales Corp. v. Trucking Delivery Co., the court may rule contrary to a precedent if the court decides that the precedent

answer

is incorrect or inapplicable

question

A citation identifies that publication in which a legal authority can be found.

answer

True

question

The Uniform Commerical Code has been adopted in all fifty states

answer

True

question

The courts, in interpreting statutory law, often rely on the common law as a guide to what the legislators intended.

answer

True

question

When all the judges (or justices) agree on a decision, a majority oppinion is written for the entire court.

answer

False

question

Clearly, a judge's function is to make the laws.

answer

False

question

Data Analytics, Inc., is a corportaion engaged in the business of compiling, analyzing, and marketing data. To accomplish its purposes, Data Analytics obtains financing, and hires and fires employees. Laws and government regulations affect such business activities as

answer

All of the choices

question

Federal agency regulations take precedence over conflicting state agency regulations.

answer

True

question

The Nebraska Supreme Court issues an opinion that can be found at 285 Neb. 88, 825 N.W.2d 429. "825" is

answer

The number of the volume in the official reports of the court's decisions.

question

In most legal controversies, there is one single correct result.

answer

False

question

Operational Processes, Inc., appeals a decision against it, in favor of Precision Manufacturing Corporation from a lower court to a higher court. Operational Processes is

answer

The appellant

question

Much of American law is based on

answer

the English legal system

question

The party against whom a lawsuit is brought is the plaintiff or petitioner.

answer

False

question

Juan is a judge. How Juan and the judges in other courts interpret a particualar statue determines

answer

how that statue will be applied

question

The U.S. Constitution reserves to the federal government all powers not granted to the states.

answer

False

question

Federal agency regulations take precedence over conflicting state agency regulations

answer

True

question

The U.S. Congress enacts a new federal statue that imposes liability on businesses hiring employees without verigying their citizenship status. This statute applies

answer

to all the states

question

A Maryland state court can exercise jurisdiction over National Insurance Corporation, an out-of-state company, if the firm has

answer

minimum contacts with the state.

question

After both sides have rested their cases, only the plaintiff's attorney makes a closing argument.

answer

False

question

Under the authority of a long arm statute, a court can exercise personal jurisdiction over certain out-of-state defendants.

answer

True

question

Laws would be meaningless without the courts to interpret and apply them.

answer

True

question

The use of additional evidence distinguishes the motion for summary judgment from the motion for judgment on the pleadings.

answer

True

question

A court of appeals does not hear any evidence.

answer

True

question

Jenna files a civil suit against Keshia. To succeed, Jenna must prove her case

answer

by a preponderance of the evidence.

question

Fresh Harvest Company, which is based on Georgia, packages and sells vegetables. Hayden, who is a resident of Indiana, buys a Fresh Harvest product, eats it, and sufferrs severe food poisoning. Hayden wants to file a suit aginst Fresh Harvest. The diversity of citizenship between these parties means that

answer

federal and state courts have concurrent jurisdiction.

question

Either party may appeal a jury's verdict but only the defendant may appeal a judge's ruling.

answer

False

question

The federal courts are superior to the state courts.

answer

False

question

Arnold loses his suit against Buffy in a Colorado state trial court. Arnold appeals to a state intermediate court of appeals and loses again. Arnold would appeal next to

answer

the Colorado Supreme Court

question

A court can exercise jurisdiction over property that is located withing its boundaries.

answer

False

question

Renewale Resources, Inc., files a suit aginst Sunrich Utility Company and seeks to examine certain documents in Sunrich's possession. A legitimate reason for this examination is that the documents contain

answer

information that is relevant to the case

question

To prepare for a trial between SmartPhones, Inc., and TechApps Company, TechApps' attorney places SmartPhones' chief executive officer (CEO) under oath. A court official makes a record of the attorney's questions and the CEO's answers. This is

answer

A deposition

question

Neville files a suit agianst Olina. If Olina fails to respond,

answer

Olina will have a default judgment entered against her.

question

The minimum-contacts requirement is usually met if a corporation advertises or sells its products withing a state.

answer

True

question

Interrogatories are written questions for which written answers are prepared by a judge.

answer

False

question

As a judge in federal court Christine can decide, among other things, whether the laws or actions of the executive and legislative branches are constitutional. The process for making this determination is known as

answer

judicial review.

question

Martin files a suit against Nichelle in a state court over payment due on a short-term employment contract. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. Refer to Fact Pattern 2-1. After the state's highest court's review of Martin v. Nichelle, a party can apppeal the decision to the United States Supreme Court if

answer

A federal question is involved.

Business Law Quiz 1 – Based on the Blackboard – Flashcards

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