BUS 115 - Unit 1 Review

The UCC is a uniform law that most states have adopted to govern commercial transactions.

• True

• False

Answer explanation

The UCC was first issued in 1952 and has been adopted in all fifty states, the District of Columbia, and the U.S. Virgin Islands. The UCC facilitates commerce among the states by providing a uniform, yet flexible, set of rules governing commercial transactions.

The Bill of Rights embodies

• a series of protections for the individual against government action.

• payment in the form of taxes by business entities to obtain certain rights.

• the privileges and immunities of the citizens in the several states.

• rights established under deeds, wills, contracts, and similar instruments.

Mary creates a t-shirt design that expresses support for Nash, a presidential candidate, and distributes t-shirts to all of her friends. The t-shirts are an example of

• unprotected speech

• commercial speech

• symbolic speech

• illegal speech

Answer explanation

Symbolic speech - gestures, movements, articles of clothing, and other forms of expressive conduct - is also given substantial protection by the courts.

The Fifth Amendment allows persons to be deprived of property without due process of law.

• True

• False

Answer explanation

The Fifth Amendment guarantees the rights to indictment (formal accusation) by a grand jury, to due process of law, and to fair payment when private property is taken for public use. The Fifth Amendment also prohibits compulsory self-incrimination and double jeopardy (prosecution for the same crime twice).

Stare decisis is best defined as

• a doctrine under which judges follow established precedents.

• the authority to decide a specific dispute.

• a judicial proceeding to redress a wrong.

• a situation giving a person a right to initiate a judicial proceeding.

Answer explanation

Stare Decisis is the practice of deciding new cases with reference to former decisions (precedents) has become a cornerstone of the U.S. judicial system.

Kari and Lillian, who are citizens of Mississippi, are involved in a case related to the adoption of their child. Regarding jurisdiction of this case, Mississippi state courts have:

• concurrent jurisdiction with federal courts.

• concurrent jurisdiction with other state courts.

• exclusive jurisdiction.

• no jurisdiction.

Answer explanation

Generally, a court with jurisdiction over a particular geographic area can exercise personal jurisdiction (in personam jurisdiction) over any person or business that resides in that area. Also, state courts have exclusive jurisdiction over certain subject matters, including divorce and adoption.

Bob is a resident of Ohio and is involved in a car accident with Joan who is a resident of Kentucky. The accident takes place in Indiana. Where can Bob bring a suit against Joan? Select all applicable answers.

• Indiana

• Ohio

• Kentucky

• Federal Court

Answer explanation

If an out-of-state defendant caused an automobile accident or sold defective goods within the state, for instance, a court will usually find that minimum contacts exist to exercise jurisdiction over the defendant.

Federal district courts can also exercise jurisdiction over cases involving diversity of citizenship if the plaintiff and defendant are residents of different states and the dollar amount is over $75,000. In this case, we don't know how much money is involved so diversity of citizenship could apply.

This is an example of concurrent jurisdiction where either the states or federal courts could have jurisdiction.

Subject matter jurisdiction refers to whether a court is located in the area in which the plaintiff or defendant live.

• True

• False

Answer explanation

Jurisdiction over subject matter is a limitation on the types of cases a court can hear. An example of a state court with subject matter jurisdiction is a probate court, which only handles matters relating to the transfer of a person's assets and obligations after that person's death. This includes matters of custody and guardianship of children and/or incompetent adults.

An appellate court can only challenge a trial court's finding of fact if the finding is clearly erroneous.

• True

• False

Answer explanation

Appellate courts generally focus on questions of law rather than questions of fact. The assumption is that the trial court in the initial case has accurate facts. If there is a fact that is found to be incorrect, then the appellate court can challenge it.

A ________ will be granted only if there is are no genuine questions of fact, and the sole question is a question of the law.

• Motion for Summary Judgment

• Motion to Dismiss

• Discovery Request

• Injunction

Answer explanation

A motion for summary judgment and a motion for judgment on the pleadings are similar except for the summary judgment allows the court to consider evidence outside of the pleadings while a motion for judgment on the pleadings does not.