Final Exam 1

Business Law 255 with Jenkins at Ohio University

About this deck

By: Megan McDonald
Created: 2011-03-14
Size: 60 flashcards
Views: 147

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T/F: International law is the law of a particular nation and varies from nation to nation

False

T/F: Our Federal form of government is one in which sovereign power is shared between the Federal government and the Several States

True

T/F: The U.S. Supreme Court may not declare an order of the Executive unconstitutional

False

T/F: If the defendant fails to challenge the plaintiff's standing to sue, lack of standing is waived and cannot be raised in a later proceeding

False

T/F: Any and all Federal courts may review the decisions of any and all State courts on matters of State statutory and/or constitutional law

False

T/F: The federal trial court is the U.S. District Court

True

T/F: The U.S. Constitution provides for three co-equal branches of government

True

T/F: Business entities enjoy all the same rights of free speech, as do private individuals

False

T/F: The Jurisdiction of State courts of appeal is limited to hearing appeals from State trial courts

True

T/F: In a jury trial, the function of the jury is to rule on matters of law

False

T/F: To have standing to sue, a party must have suffered an actual injury or be threatened with an imminent injury caused by the action about which the party complains

True

T/F: State trial courts may use diversity of citizenship to exercise in personam jurisdiction over an out-of-state defendant

False

T/F: A Legal Realist believes the only rights citizens have come from the government

False

T/F: After a verdict has been rendered in a case, neither party may file an appeal

False

T/F: Theoretically, an activity having a substantial effect on interstate commerce in the aggregate may be regulated by Commerce under the Taxing and Spending Clause

False

T/F: Under the Commerce Clause, Congress does not have the authority to regulate commerce between the United States and France

False

T/F: A follower of the Natural Law school of jurisprudence believes the law must evolve to reflect changes in society

False

T/F: An out-of-state business concern which advertises in the national magazine known to reach Ohio, but which conducts no business in Ohio, may be required to defend a lawsuit filed in Ohio as a result of an alleged injury caused by its product legally brought to Ohio by an Ohio purchaser

True

T/F: Where a question of federal law is involved, a lawsuit may be filed only in Federal Court

False

T/F: In an action in Federal Court on diversity of citizenship, the District Court will use the substantive law of one of the states to decide the matter

True

T/F: The Answer is the document filed by the Defendant in order to respond the Plaintiff's legal claim for relief

True

T/F: A writ of certiorari is required to request the US Supreme Court to hear a civil appeal

True

T/F: The Constitutional doctrine of Separation of Powers concerns how the branches of the federal government share power among themselves

False

T/F: An act of state, which creates a classification among citizens based upon national origin is subject to intermediate scrutiny when challenged in court

False

T/F: A later-enacted State statute supersedes or displaces any and all existing conflicting Federal Statutes

False

Aaron, an Ohio resident, sues Zack, a Pennsylvania resident, over an automobile collision in Youngstown, Ohio. Assuming the jurisdictional minimum is met, the suit may be filed in:

A. Ohio State Court

B. Ohio federal court

C. Pennsylvania state court

D. Any of the above

The Ohio state legislature passes a law to regulate local delivery services. The final authority regarding the constitutionality of this law is:

A. the Ohio Supreme Court

B. the president of the United States

C. the governor of Ohio

D. the U.S. Congress

A. the Ohio Supreme Court

"Law" does not:

A. establish rights, duties and privileges

B. establish the values of a society

C. govern relationships among individuals

D. govern relationships between citizens and their governments

B. establish the values of a society

Under the U.S. Constitution, the Executive branch of the government:

A. reviews the law

B. enforces the law

C. interprets the law

D. makes the law

B. enforces the law

B files a lawsuit in a Fed district court against C. C loses, appeals to US Court of Appeals for the 2nd Circuit, loses again. C asks US Supreme Court to hear further appeal. Court is:

A. not req to hear appeal

B. required

C. req b/c C lost in lower court

D. req as exercise of appellate jurisdiction

A. not required to hear the appeal

M claims a NE state statute infringes on her "procedural due process" rights. This claim focuses on:

A. procedures used in making decisions to take life, liberty or property

B. content of statute

C. similarity of treatment of similarly situated individuals

D. steps to be taken to protect Mary's privacy

A. procedures used in making decisions to take life, liberty or property

S a citizen of NM files lawsuit in NM against T a citizen of TX 4 $200,000 for injuries. Their diversity of citizenship may be basis for:

A NM court 2 exercise in rem juri

B fed district court 2 exercise original jur

C US ct of appeals 2 exercise appellate jur

D US supreme Ct 2 issue writ of certiorari

B. federal district court to exercise original jurisdiction

To Pete, the written law of a particular society at a particular time is most significant. Pete is:

A. a legal positivist

B. a legal rationalist

C. a legal realist

D. one who adheres to the natural law tradition

A. a legal positivist

Much of American law is based on:

A. the English legal system

B. the French legal system

C. the Irish legal system

D. the German legal system

A. the English legal system

D filed suit against the fed gov to block enforcement of a new tax law. D claims Congress attempted to regulate indirectly by taxation an area over which it has no authority. Most likely the court will:

A invalidate tax if reasonable

B inval w/o considering reasonability

C val if reas

D val wo consid

C. validate the tax if it is reasonable under the Taxing and Spending Clause

Mary files suit against Albert. At the trial, each party's attorney presents the party's case before judge who hears dispute, finds the facts, applies the law to the facts and renders a legally binding decision. This is:

A. arbitration

B. litigation

C. mediation

D. negotiation

B. litigation

The Common Law began:

A. in the Islamic courts of predominantly Muslim countries

B. as part of the Roman civil law

C. as a body of general rules applied in the courts throughout England

D. as a group of legal principles enacted by European nations

C. as a body of general rules applied in the courts throughout England

A RI statute imposes misdemeanor jail tern of 3 months, w/o a trial, on all st. vendors who operate in certain area. A court would likely hold this statute to be:

A. constitutional under due process

B. const. under = protection

C. unconst. as violation of due process

D. unconst. as violation of = protec

B. constitutional under the equal protection clause

Mike, an advocate of a certain religion, publishes an article in "New Times" magazine insisting that Congress base all federal law on his religion's principles. The First Amendment guarantees Mike's freedom of:

A. Religion only

B. Speech only

C. The press only

D. religion, speech and the press

A, a resident of OH while driving his car in OH collides with E's car. E, a resident of the State of MI wants to file a suit against A. E may file her suit in:

A. OH State courts

B. OH Federal courts if the jurisdictional min is met

C. MI state courts if A has sufficient min contacts with MI

D. a or b

D. either a or b

Fed statute bans "major business entities" from making political contributions individuals are permitted to make. A court would likely hold statute to be:

A. unconst restriction of political speech

B. const under 1st Amend

C. justified by need to protect ind. rights

D. necessary to protect nat interests

A. an unconstitutional restriction of political speech

Consumer Goods Corporation sells poorly made products. Tina who has never bought a CG product files a suit against the firm alleging its products are defective. CG could move for dismissal of the suit on the basis that Tina doesnt have:

A. jurisdiction

B. standing

C. sufficient minimum contacts

D. venue

B. standing

Applying the relevant rule of law to the facts of a case normally requires finding previously decided cases that, in relation to the case under consideration, are:

A. as different as possible

B. as similar as possible

C. identical

D. at odds

B. as similar as possible

Common law is:

A. administrative law

B. case law

C. civil law

D. statutory law

B. case law

Sam files a lawsuit against Laura. Laura must file a responsive document to:

A. the answer

B. the service of process

C. the complaint

D. the summons

C. the complaint

Federal and State courts today are, generally:

A. courts of law only

B. courts of limited jurisdiction

C. courts of general jurisdiction

D. courts of law and equity

A law that deprives all persons of a fundamental right or liberty interest may violate:

A. equal protection

B. procedural due process

C. substantive due process

D. none of the above

C. substantive due process

Net Corporation files a lawsuit against Omga, Inc., alleging Omega breached a contract to sell Net a computer system for $100,000 US. Net:

A. the appellant

B. the appellee

C. the defendant

D. the plaintiff

Generally, the courts accord commercial speech engaged in by business entities:

A. less protection than that afforded the political speech of individual citizens

B. more protection " "

C. no protection

D. the same protection as that afforded the political speech of individual citizens

A. less protection than that afforded the political speech of individual citizens

CD Inc. markets alcoholic beverages. Federal regulation bans disclosure of the alc. content of liquor on CDs labels and of other marketers. Court would likely hold this reg to be:

A. unconst restriction of commercial speech

B. const under 1st amend

C. justified

D. necessary to protect national interests

A. an unconstitutional restriction of commercial speech

T/F: a defamatory statement, to serve as the basis of a tort cause of action, must be communicated to a third part

True

T/F: Conversion is wrongfully taking or retaining an individual's personal property and placing it in the service of another

True

T/F: Diversity of citizenship may be used by State trial courts to exercise in personam jurisdiction over an out-of-state defendant

False

T/F: An offensive touching would be offensive to any person

False

T/F: A defendant may remove any case from State court to U.S. District Court

False

T/F: A battery occurs only if the victim suffers actual physical harm caused by the intentional conduct of another

False

T/F: As a legal theory, intentional infliction of emotional distress no longer requires that the plaintiff also have a physical injury along with the emotional distress

True

Bob pushes Carol. Carol falls and breaks her arm. Bob is liable for the injury

A. if Bob intended to push Carol

B. only if Bob did not intent to break Carol's arm

C. only if Bob was hostile towards Carol

D. only if Bob intended to break Carol's arm

A. if Bob intended to push Carol

Betty owns a ranch in CO. Dan drives his SUV off a highway and onto Betty's land. At a minimum, Dan commits trespass if he:

A. doesn't have Betty's permission to drive on property

B. drives onto property for rec. purposes with Betty's permission

C. harm the property in a material way

D. harms property

A. does not have Betty's permission to drive on the property

L, a resident on MO, owns a warehouse in NE. Dispute arises over ownership of warehouse with O. a resident of KA. O files a suit against L in NE. Regarding the court's exercise of jurisdiction over L's interest in the warehouse, NE has:

A. diversity juris

B. in personam juris

C. in rem juris

D. no juris

C. in rem jurisdiction

About this deck

By: Megan McDonald
Created: 2011-03-14
Size: 60 flashcards
Views: 147

About StudyBlue

“I have used this website for three exams, and I see a huge difference in my test results.”
Naj