United States Constitution and Administrative Agencies

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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 be used in this case? 4. 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...
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