Business Law Quiz

Business Law Quiz 1a - Key
Chapter 1 - True or False 1. Congress can only pass legislation that falls within the limits set up by the US Constitution. T 2. Only the US federal government has a constitution. F 3. State agencies take precedence over conflicting federal agency regulations. F Review Question
Bob has a dispute with Ace Company over a perceived product defect. Bob hires a lawyer and after discussing the facts and issues, Bob’s attorney agrees to file a lawsuit against Ace. 1. Who is the plaintiff and who is the defendant in this lawsuit? 2. Which court would this lawsuit be filed in? lower court, or trial court 3. Would a contingency fee agreement between Bob and his lawyer likely to
If the trial court rules against Bob, what are his options? Motion for reconsideration/appeal
Chapter 2 - True or False 1. The function of the courts is to interpret and apply the law. 2. A long arm statute permits a court to obtain jurisdiction over an out-of-state defendant. 3. To have standing to sue, a party must have been injured or have been threatened with injury by the action about which he or she is complaining. 4. The US Supreme Court can review a decision by a state’s highest court only if a question of federal law is involved. T 5. Mediation is adversarial in nature. F
Multiple choice:
Harry, resident of Indiana, has an accident with Jane, a resident of Kentucky, while driving through that state. Jane files a suit against Harry in Kentucky. Regarding Harry, Kentucky has: a. Diversity jurisdiction; b. In personam jurisdiction: B c. In rem jurisdiction; d. No jurisdiction.
Chapter 3 - True or False 1. In most states, if neither party requests a jury, there will be no jury trial. T 2. At the beginning of a trial, only the plaintiff’s attorney makes an opening statement. F 3. A plaintiff’s rebuttal includes evidence to refute the defendant’s case.
The service of process; d. The summons. D
The trial phase where attorneys engage in voir dire is also known as: a. The assessment of the arguments on the issues; b. The determination of the issues to be argued; c. The litigation of the issues and arguments; d. The selection of jurors. D
Chapter 4 - True or False 1. The courts make the final determination on issues involving constitutional interpretation. 2. Under their police powers, states can regulate private activities to protect or promote the public order, health, safety, morals, and general welfare. T 3. A state law that treats nonresidents different from residents may violate the privileges and immunities clause. T 4. Under the US Constitution, each branch of government limits some actions of the other branches. T 5. The supremacy clause of the Constitution provides that a state law is invalid when it directly conflicts with a federal law. T 6. The Bill of Rights protects individuals against various types of interference by the states and by the federal government. T 7. The First Amendment protects obscene speech. F
Multiple choice: 1. Under the Constitution, the legislative branch of the