Business law topics such as contracts, agency, and property are primarily governed by the common law. 1. True 2. False 2. In most states Judges are appointed. 3. The rational relationship test is more exacting than the intermediate test. Legislative law includes 4. City ordinances 5. The Uniform Commercial Code 6. The Restatement of Torts 7. The agency’s enabling statute 8. The U. S. Constitution 9. State constitutions 10. Only the Iowa courts can hear the case 1 1 . The Kansas courts have Jurisdiction to adjudicate the claim 12.
The Kansas federal district court can hear the case based upon diversity of Jurisdiction 7-9. Compliance with 10-12. Able and Baker are both residents of Iowa, but they have a dispute regarding some land located in Kansas. 13. Which of the following defines the method by which to obtain a remedy in court? 4. Substantive law Procedural law Both of the above None of the above 2 14. Most of the protections provided by the U. S. Constitution and its amendments apply only to conduct by governments, which conduct is referred to as 1 . 5. 15. Due process Equal protection
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Separation of power All of the above Diversity of citizenship exists when 1 . The plaintiffs are all citizens of a state or states different from the state or states of which the defendants are citizens 2. A foreign country brings an action against citizens of the United States 3. The controversy is between citizens of the United States and citizens of a foreign country 4. All of the above 5. None of the above Which of the following best describes the treatment of commercial speech under the First Amendment? 17. The contract clause prevents a state from 8.
It is not protected by the Constitution It is protected, but to a lesser degree than other speech It is protected to the same degree as any other speech It is protected more than other speech making contracts with private individuals retroactively impairing any agreements between two parties contracting with another state all of the above none of the above Big Bucks, Inc. Is incorporated in Delaware, but it has its principal place of business in Minnesota. For the purposes of diversity of citizenship, Big Bucks is a resident of Delaware Minnesota doth of the above 19.
That branch of public law that deals with the various regulatory functions and activities of the government in its executive capacity is 20. Which equal protection test is applied to cases based on gender and legitimacy? 1 . 21. The peremptory challenge stage the pre-trial discovery stage the special verdict stage the offer of proof stage The doctrine of stare decides developed from rational relationship test strict scrutiny test intermediate test The procedural stage of a lawsuit after the pleadings but before the trial is 1 . Minimal law administrative law constitutional law substantive law the common law equity statutory law Which of the following is an equitable remedy? Specific performance injunction reformation 4 24. An example of a special court in the federal system is 25. The U. S. Claims Court a federal district court a U. S. Court of appeals When a federal district court hears a case based solely on diversity of citizenship, it must apply Question 3 5 6 7 8 9 10 11 12 13 state substantive law federal statutory law federal common law Answer 14 16 17 18 19 20 24 25