BUA 220 Exam 1

25 July 2022
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An Oklahoma state court can exercise jurisdiction over Petro Resources Inc., an out of state company, if the firm has
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minimum contacts with the state
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Adult Shop in Bay City sells a variety of publications, including child pornography. Bay City enacts an ordinance prohibiting the sale of such materials. This ordinance is most likely
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constitutional under the First Amendment
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Loren stands in front of Rooster's Round-Up Cafe, shouting "fighting words" that are likely to incite Rooster's patrons to respond violently. The First Amendment protects such speech
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none of the time
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Service Employees International Union and Timberline Products Inc., have their dispute resolved in arbitration. The arbitrator arbitrates issues that the parties did not agree to submit arbitration. This is a ground for a court to
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set aside the award
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In an action against Gina, Harry obtains a remedy. This is
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the legal means to recover a right or to redress a wrong
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Bob claims that certain action by the federal government and the state of Delaware infringe on rights guaranteed by the Bill of Rights in the United States Constitution. These rights protect individuals and some corporations from:
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the actions of the government
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Cafe Espresso is a coffee shop subject to the laws of Illinois. In Illinois, the highest-ranking(superior) law is
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a provision in the Illinois constitution
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The Federal Trade Commission (FTC) is a government agency that issues rules, orders, and decisions. The Georgia state legislature enacts statutes. The Harrison County Board and the Island City Council enact ordinances. Administrative law includes
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the rules, orders, and decisions of the FTC
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Emily retains Michael, an attorney, on the contingency-fee basis to seek $1 million in damages in a personal-injury suit against Prescription Pharmaceuticals Inc. Emily wins. She must pay
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Michael's fee, court costs, and other expenses
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Charles is a federal judge whose judicial decisions are part of case law, which does not include interpretations of
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parties' subjective motives for engaging in litigation.
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Carol files a suit against Andy in a state trial court and loses. Carol can
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plead her case before an appellate court.
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The commerce clause's implied limitation of a state's right to legislate in the area of interstate commerce is the
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dormant aspect.
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McHenry, a New York resident, files a suit in a New York state court against OneWorld Inc., a company based in California. OneWorld's only contact with McHenry is the company's app, which McHenry downloaded while traveling across the United States. According to the sliding-scale analysis, the factor most likely to confer jurisdiction on the New York court is
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the degree of interactivity via the app between McHenry and OneWorld
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Coffee Klatch Party Group, a political organization, files a claim to challenge a Delaware statute that limits the liberty of all persons to broadcast "annoying" radio commercials. This claim is most likely based on the right to
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substantive due process
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As a judge in a federal court, Elena can decide, among other things, whether the laws or actions of the executive and legislative branches are constitutional. The process for making this determination is known as
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judicial review
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Mountain States Trucking wants to initiate a suit against Open Pit Mining Corporation by filing a complaint. The complaint should include a statement alleging the facts establishing
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Mountain's basis for relief
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New Cuisine Cafe files a suit in a state court against Olive Oil Inc., alleging a breach of contract. The case proceeds to trial, after which the court renders a verdict. If New Cuisine decides to appeal to a state appellate court, its attorney must file, with the clerk of the appellate court, within a prescribed period of time
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a copy of the record on appeal
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Gabrielle files a suit against Hard 'n Fast Adhesives Inc. Hard 'n Fast responds that even if Gabrielle's statement of the facts is true, according to the law Hard 'n Fast is not liable. This is
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a motion to dismiss
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In the case of Retail Sales Corp v. Trucking Delivery Co., the court may rule contrary to a precedent if the court decides that the precedent
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is incorrect or inapplicable
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In Hazel's suit against Ingrid, the court issues a judgment in Ingrid's favor. If the case is appealed to an appropriate court of appeals, the appellate court will hear
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none of the evidence
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Ballpark Sportsfield Inc., files a suit against Concessions & Tailgate Services. The document that informs Concessions & Tailgate that it must file an answer within a specified time period is
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the summons.
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In Research & Development Company's suit against Structural Engineers, Inc. Research & Development wants to introduce evidence that it claims is relevant. Relevant evidence is evidence that
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establishes the degree of probability of a fact or action, tends to prove or disprove a fact in question.
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During the trail phase of Sof' Drink Corporation's suit against TimeOut Stores Inc., their attorneys engage in voir dire. voir dire is
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the selection of jurors
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Lacey files a civil suit against Mischa. To succeed, Lacey must prove her case
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by preponderance of the evidence
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The Rapid Transit Institute wants the federal government to spend money on inner city and inter-city light rail systems. Congress can spend revenue
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to promote any objective that Congress deems worthwile
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Creamy Dairy produces award-winning ice cream sold to wholesale distributors, retail sellers, and individual consumers in all fifty states. The UCC provides a set of rules governing
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commercial transactions.
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Keralyn creates a website to post threatening messages about celebrities. The First Amendment protects such speech
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none of the time
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The Bay City Planning Department, the Coastal County Zoning commissions, the California Environmental Quality Agency, and the U.S. Bureau of Land Management issues regulations. These rules constitute
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administrative laws
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Gilbert wants to initiate a suit against Healthways Insurance Company by filing a complaint. The complaint should include
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a statement alleging the facts showing the court has juridiction
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The branch of law dealing with the enforcement of private rights and duties between parties is
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civil law
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Garvey files a suit in a state court against Hi-Ride apartments. At the conclusion of Garvey's case, Hi-Rise files a motion asking the judge to direct a verdict for the defendant on the ground that Garvey has presented no evidence to support his claim. This is a motion for
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a judgment as matter of law
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The Regional Counties Commission approves a new property tax measure, and the professors and students at State Law School publish the results of their most legal research. Sources of law include
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measures approved by governing bodies
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Pietro files a suit against Qiana. If Qiana fails to respond, she will
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have a default judgment entered against her
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The members if Citizens Aware believe that a recently enacted federal law in unconstitutional. They write and sign a petition to the government to repeal the law, refuse to obey the law, and stop others from complying with the law. Under the First Amendment, these individuals have a right to
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petition the government
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Hua, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jac, a resident of Kentucky. Jac files a suit against Hua in Indiana. Regarding this suit, Indiana has
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in rem jurisdiction
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Rachel is a state court judge. Salina appears in a case in Rachel's court, claiming that Tomas breached a contract. Possible remedies inclue
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an award of damages to Salina
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In a suit against Ethan Francisco obtains an award of damages. This is
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a payment of money or property as compensation
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Statistics, Inc., is a corporation engaged in the business of compiling, analyzing, and marketing data. To accomplish its purposes, Statistics obtains financing, and hires and fires employees. Laws and government regulations affect such business activities as
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hiring and firing decisions, the manufacturing and marketing of products, and business financing
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The case of Max v. National Credit Co. is heard in a trial court. The case of O! Boy! Ice Cream Co v. Pecan Corp. is heard in an appellate court. The difference between a trial and an appellate court is whether
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a trial is being held