BLFf7Unit_1_Exam_chaps1to4and52

BLFf7Unit_1_Exam_chaps1to4and52 - Unit One Exam Chapters 1...

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Unit One Exam: Chapters 1 through 4 and 52: September 12 Page 1 of 5 LAWS 3930, Business Law FundamentalsO'Hara © 2007 ____________________ PRINT NAME to be eligible to earn a quiz grade above zero. Name left blank and names in script earn a quiz grade of zero. ON THE ANSWER SHEET PRINT YOUR ANSWERS . Turn in both your question sheets and your answer sheet. Only one word is required for each answer, unless answer sheet notes otherwise. Present your student ID when turning in your exam materials. Quiz Chap. 2 & 3 Aug 29 A. The plaintiff's complaint has three parts: cause of action; court's jurisdiction (b0th ___[1]___ jurisdiction and subject matter jurisdiction); and ___[2]___. B. If the parties to a dispute are seeking a private resolution of that dispute with the aid of a neutral third party, then they might be engaged in arbitration or they might be engaged in ___[3]___ but, they are not likely to be engaged in ___[4]___. C. A trial court focuses upon questions of ___[5]___ and applying the law. In contrast, an appellate court focuses upon questions of interpreting law and finding errors by the trial court. The appellate course reviews the trial court's decision for any one of three types of error: clear error of fact; ___[6]___ error of procedure; or ___[7]___ error of law. D. At a minimum, ___[8]___involves the use of interrogatories (i.e., ___[9]___ questions), or depositions (i.e., ___[10]___ questions), or both. Quiz Chap. 4 Sep 5 E. Due process of law comes in two forms: substantive due process, and procedural due process of law. Substantive due process is provided to ___[11]___ constitutional rights. However, ordinarily, all that government need provide is procedural due process. Procedural due process requires the government to provide ___[12]___ and ___[13]___, both proportional to the interests involved. F. The individual USA State's power to regulate the local actions of business is the Police Power (i.e., the power of a USA State to regulate for the People's ___[14]___, ___[15]___, morals, and general welfare). To regulate the interstate aspects of business the federal government uses the Article I, section 8, clause 3, Commerce Clause power.
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Unit One Exam: Chapters 1 through 4 and 52: September 12 Page 2 of 5 LAWS 3930, Business Law FundamentalsO'Hara © 2007 G. Sometimes, but far from always, the federal government has the power to preempt the laws of the State governments by way of the federal power granted in Article VI, section 2 of the USA Constitution , which is known as the ___[16]___ Clause.
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