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Exam 1 - Room Business Law — Test#1 Each state has its...

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Unformatted text preview: Room Business Law — Test #1 . Each state has its own constitution a. True b. False If a provision in the Florida state constitution conflicts with a provision in the US constitution a. Neither provision applies b. The provisions are balanced to reach a compromise c. The state constitution takes precedence d. The US constitution takes precedence . A procedural law creates or defines legal rights and obligations a. True b. False . The River City Council, the Santa Clara County Board, the Texas state legislature, and the US Congress enact laws. These laws constitute a. Administrative law b. Case law c. Stare decisis d. Statutory law . Gary is a state court judge. In his court, as in most state courts, he may grant a. Equitable and legal remedies b. Equitable remedies only c. Legal remedies only d. Neither equitable nor legal remedies . Iill is an appellate court judge. In this capacity, Iill establishes a rule of law. Under the doctrine of stare decisis, the principle must be adhered to by a. All courts b. Courts of lower rank only c. That court and courts of lower rank d. That court only . A state trial court has before it Eagle Manufacturing Co. v. Fine Products Corp, a case of first impression. The court can a. Not refuse to decide the Eagle case b. Postpone deciding Eagle indefinitely c. Postpone deciding Eagle until there is binding authority d. Refuse to decide Eagle d. the least good for most people 15. The function of the courts is to interpret and apply the law a. True b. False 16. The courts are the final authority concerning the constitutionality of a law a. True b. False 17. Beth is a victim of Carl’s violation of a criminal law. Criminal law is concerned with The prosecution of private individuals by other private individuals The prosecution of public officials by private individuals The relief available when a person’s rights are violated Wrongs committed against the public as a whole 51%" Fri” 18. A long arm statute is a state law that permits courts to obtain personal jurisdiction over out of state defendants a. True b. False 19. The Pennsylvania Supreme Court decides the case of Quality Co. v. Royal Corp. Of nine justices, five believe the judgment should be in Quality’s favor. justice Smith, one of the five, writes a separate opinion. This opinion is a. A concurring opinion b. A dissenting opinion c. A minority opinion (1. A per curium opinion 20. A state law that conflicts with the US Constitution will be deemed unconstitutional a. True b. False 21. Most meetings of a federal agency must be open to public observation a. True b. False 22. Harry, a resident of Indiana, has an accident with lane, a resident of Kentucky, while driving through that state. lane files a suit against Harry in Kentucky. Regarding Harry, Kentucky has a. Diversityjurisdiction b. In personam jurisdiction c. In rem jurisdiction d. No jurisdiction 29. Stan files a suit against Kay. Before going to trial, the parties meet, with their attorneys to represent them, to present their dispute to a third party who is not a judge but who renders a legally binding decision. This is a. Arbitration b. Litigation c. Mediation d. Negotiation 30. Ian and Kyle sign a contract that provides that if a dispute arises, they will submit to arbitration. A dispute arises, but before it goes to arbitration, Jane files a suit against Kyle. The court will likely (1. order the parties to arbitrate 31. The courts can hold acts of the legislative and executive branches unconstitutional a. True b. False 32. The Constitution grants certain powers to the national government a. True b. False 33. Under the Constitution, the executive branch enforces the laws a. True b. False 34. Congress may regulate any activity that substantially affects interstate commerce a. True b. False 35. State police powers relate solely to criminal law enforcement a. True b. False 36. Congress may tax some states and exempt others a. True b. False 37. Texas enacts a statute to impose a prison term without a trial on all street venders who operate in certain areas. A court would likely hold this to be a. Unconstitutional, under the due process clause 38. The First Amendment requires a complete separation of church and state a. True b. False 46. The case of Able Inc V. baker is heard in a Connecticut court with original jurisdiction. The case of Charlie v. Delta Inc is heard in a Connecticut court with appellate jurisdiction. The primary difference between original and appellate jurisdiction is a. The subject matter b. Whether a case is being heard for the first time c. Whether a case is brought by a citizen or by a business d. None of the above 47. Best Sales Corp. regularly advertises its products. Under the First Amendment, these ads and other commercial speech are given a. Less protection than political speech b. More protection than political speech c. No protection d. Same protection as political speech 48. jay seeks information about Kim and other well known businessperson‘s under the Freedom of Information Act. To obtain the information. jay must: a. Agree not to reveal any trade secrets b. Describe the info c. Get a court order d. Have Kim’s and the others’ permission 49. The Motor Vehicle Insurance'Association wants the federal government to spend money to build a new highway. Congress can spend revenues a. Only to carry out Congress’s enumerated powers b. To promote any objective that Congress deems worthwhile c. Without regard to whether the expense violates the Bill of Rights (1. Without regard to whether it violates the Constitution 50. Eli, a citizen of Florida, wants to obtain a business license in Georgia. The Georgia state legislature enacts a law that imposes a $2,000 license fee on nonresidents. Georgia residents don’t pay anything. This most likely violates The provision in the US Constitution The commerce clause The full faith and credit clause ' The privileges and immunities clause P-PP‘P ...
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