-1- THE LEGAL ENVIRONMENT OF BUSINESS PRACTICE TEST 1. Which is a correct statement concerning civil procedure: (a) Subject matter jurisdiction refers to the authority of a particular court to decide a case of a particular kind. (b) A court needs both subject matter jurisdiction and jurisdiction over the person of the defendant to bind the defendant in a judgment. (c) The purpose of pleadings is to provide notice and to narrow the issues for trial or settlement. (d) All of the above. 2. Civil jurisdiction over the person or property of the defendant exists when: (a) The defendant is "present" in the jurisdiction and was served with suit. (b) The defendant is "doing business" in the jurisdiction. (c) The defendant had certain "minimum contacts" with the jurisdiction from which the claim in suit arose. (d) All of the above. 3. Which constitutional guarantee is most implicated by each of the following laws or rules: A state university male-only admission policy; a city ordinance banning throw-away bottles but not banning cans; and an FAA federal agency regulation requiring pilots and co-pilots on commercial be under 60 years of age: a. Equal protection. b. The Interstate Commerce Clause. -2- c. Procedural due process. d. All of the above are equally implicated. 4. Hansel's Canned Herring, Inc. advertises, markets, distributes, and sells Hansel's herring products only in the state of Maine. Hansel's is incorporated and has its principal place of business in Maine. Ethel, a Virginia resident, purchases a can of Hansel's at a store in Portland, Maine, where she was visiting relatives, used it in a picnic dish she made, and became deadly ill eating the product, with medical expenses in excess of $50,000. Ethel recovers, returns to Virginia, and files suit in a Virginia federal court. As such: (a) Hansel's can remove the case to state court in Norfolk. (b) Hansel's can dismiss the case because the court lacks subject matter jurisdiction. (c) Hansel's can dismiss the case because the court lacks in personam jurisdiction over Hansel's. (d) All of the above are options for Hansel's. 5. Which of the following is a true statement regarding the federal preemption and the burden-on- commerce doctrines? (a) Federal preemption and the burden-on-commerce doctrines are arguments to have state or local laws held unconstitutional. (b) Only federal laws can unconstitutionally burden interstate commerce, while both state and federal laws can be preempted. (c) Only federal laws can be preempted, while both state and federal laws can be uncon- stitutionally burdensome on interstate commerce. (d) All of the above. 6. Sally, a ninth-grader at City Middle School, is suspended for violating the school's "no excuse" anti-drug policy by handing a classmate an aspirin tablet in class, which violates the policy. She brings suit through her parents against the school, asking the court to review the school's decision. Which is correct: -3- (a) The suit raises denial of equal protection if it complains other students who were caught handing out pills in school were merely warned instead of suspended. (b) The suit raises denial of procedural due process if it complains that the "no excuse" policy was not published or she was not warned about the policy in advance. (c) The suit raises denial of substantive due process if it complains Sally was deprived of her right to stay in school and get an education. (d) All of the above. 7. After extensive lobbying by U.S. automobile and consumer products manufacturers who have been "hit" throughout the country with excessive punitive-damage jury verdicts, Congress is debating a bill to limit punitive damages awarded in personal-injury tort products liability cases. Manufacturers say it is a "crisis" of national concern. Some opposing the bill were concerned that Congress and the Federal Government lack the constitutional power to pass such a measure. Which constitutional provision has been used and would best support the power of Congress to regulate damage awards against manufacturers across the country: (a) The interstate-commerce power from the Commerce Clause. (b) The police-power provisions of the Constitution, allowing Congress to regulate for the health, safety, and welfare of the people. (c) The general-welfare power. (d) All of the above are equally good. 8. Concerning criminal law: (a) A criminal conviction requires proof beyond a reasonable doubt as to each element of the offense charged. (b) Criminal law, formerly made up almost entirely of common law, is now almost always the product of legislation which is narrowly construed by the courts. (c) Because the government is involved in every criminal prosecution, the Constitution and its Bill of Rights are applicable. (d) All of the above. Microsoft Word - BUS-697-SampleTest.doc
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