Question
1. What is not an actual direct source of American law (as opposed to an indirect influence or a source that can be adopted in
1. What is not an actual direct source of American law (as opposed to an indirect influence or a source that can be adopted in whole or in part)?
Statutory law (law or ordinances created by federal, state, and local legislatures) | ||
Administrative law (rules, orders, and decisions made by federal or state government administrative agencies) | ||
Uniform Law (model laws developed by the National Conference of Commissioners on Uniform State Laws, like the Uniform Commercial Code, or UCC) | ||
Constitutional Law (US Constitution and state constitutions) | ||
Case Law and common law doctrines (judge-made law, including interpretations of constitutions, statutes, and regulations) |
3. What isnotone of the critical clauses in the US Constitution for business law?
The Supremacy Clause. Article VI. | ||
Emoluments Clause. Article I, Section 9. | ||
The "Dormant" Commerce Clause. Article I, Section 84. | ||
The Commerce Clause. Article I, Section 8 |
4. What isnotone of the explicit rights guaranteed in the Bill of Rights to individuals (and in some instances, business entities) as a protection against interference by the federal government?
Freedom of Religion under the First Amendent to the US Constitution | ||
Freedom of Speech under the First Amendent to the US Constitution | ||
The Right to Privacy under the Fourteenth Amendent to the US Constitution | ||
Equal Protection under the Fourteenth Amendent to the US Constitution | ||
Due Process under the Fifth and Fourteenth Amendents to the US Constitution |
1a. What isnota requirement for a court to have jurisdiction (that is, power and authority to act) over a person or property in a lawsuit?
venue (the most appropriate location for a trial, which is usually the geographic area where the event leading to the dispute took place or where the parties reside; for example, Brown County for a business contract dispute between two people who both live and work in Green Bay, Wisconsin) | ||
standing to sue (the party must have a legally protected interest at stake sufficient to justify seeking relief through the court system; the controversy at issue must also be real and substantial, not hypothetical or academic) | ||
federal jurisdiction (the plaintiff's cause is based, at least in part, on the US Constitution, a treaty, or federal law; or the case involves diversity of citizenship and the amount in controversy exceeds $75,000) | ||
subject matter jurisdiction (the types of cases a court can hear; for example, a state probate court can handle only matters related to a person's assets and obligations after their death, and a federal bankruptcy court can handle only bankruptcy proceedings) |
4a.A person has filed a lawsuit, and both the law and the facts are 100% on his side. There are no issues of material fact that a jury needs to decide, and he is entitled to judgment as a matter of law. What pre-trial motion should he file before the trial judge, to avoid an unnecessary and expensive jury trial, and to have the judge issue a decision in his favor?
Motion for Summary Judgment | ||
Motion to Dismiss | ||
Motion for Discovery | ||
De novoreview |
5a.What isnota form of ADR (alternative dispute resolution)?
Voir dire | ||
Negotiation | ||
Mediation | ||
Arbitration |
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started