Business Law Quiz 1 – Based on the Blackboard

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

To Sam, the written law of a particular society at a particular time is most significat. Sam is a
answer

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 Bay City Planning Departmnent, the Coastal County Zoning Commission, the Delaware Environmental Quality Agency, and the U.S. Bureau of Land Management issue regulations. These rules constitute
answer

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

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 appeal the decision to the United States Supreme Court if
answer

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

During the trial phase of Saf Drink Soda Corporation’s suit against TimeOut Convenience Stores, Inc., their attorneys angage in voir dire. This is
answer

question

The federal courts are superior to the state courts.
answer

False
question

Gilbert wants to initiate a suit against Healthways Insurance Company by filing a complaint. the complaint should include
answer

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

The Iowa Supreme Court rules against Jennifer in a case against Kut-Rate Stores, Inc. Jennifer wants to appeal her case to the United States Supreme Court. She must ask the Court to issue a writ of
answer

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

In Hazel’s suit aganist Ingrid, the court issues a judgment in Ingrid’s favor. If the case is appealed to an approriate court of appeals, the appellate court wil hear
answer

question

Ballpark Sportsfield, Inc., files a suit against Concessions & Tailgate Services. The document that informs Concessions & Tailgate that it must file an answer within a specified time period is
answer

question

Because corporations are not considered legal persons, courts use different principles to determine whether it is fair to exercise jurisdiciton over a corporation.
answer

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.

Get instant access to
all materials

Become a Member