Business Law Questions

Susan advertised a nice painting that Sally wanted to buy. Sally contacted Susan and offered her $2,750 for the painting. Susan emailed Sally that she accepted the offer. Sally responded that she would be at Susan's home by noon the next day with the money. When she arrived, Susan informed Sally that she received an offer of $4,750 for the painting and Sally must pay that amount or Susan will sell to the other buyer. Sally really wanted the painting. If she sued Susan, what course of action will best provide the results she desires?

a) sue for breach of contract and seek a legal remedy

b) bring a suit for equity and seek monetary damages

c) sue for breach of contract and seek a decree of specific performance

d) sue for an injunction

The professor asked Smith to leave the lecture. Smith refused, which made the professor angry and he punched Smith. Smith sued the professor for hitting him. Both sides belive that you can provide information for their side. What discovery method should they use to get your information?

a) a deposition

b) interrogatory

c) request that you write down your recollection so they can file for a request for production to obtain a statement

d) any of the above

The effects test is used:

a) to determine the amount of damages a defendant must pay the plaintiff

b) by the U.S.Supreme Court to decide whether to accept a case for reveiw

c) to establish personal jurisdiction over an out of state defendant in certain cases when minimum contacts do not otherwise exist

d) by a federal court to determine whether state precedent should apply to a case it is adjudicating

The state of Vermont enacted a law requiring all trucks dviding on Vermont roads to have devices installed that made it possible for state police to monitor speed on the highway believing that doing so would cut down on the number of speed related accidents. Any truck driving into Vermont must have these devices installed or go around the state. This Vermont law:

a) Valid because Vermont's right to protect its citizens under its police powers will override any challenges to this law

b) Valid because it only applies to Vermont roads and such a law is entirely instrastate.

c) Invalid because this law is intended to regulate interstate commerce, an enumerated federal power

d) Invalid because, although on its face its an intrastate law, this statute will cause an undue economic burden on interstate commerce

Bob witnessed an accident but didn't stop to help. Had he stopped, he could have helped. When the victim's partner heard from Bob could have easily saved the victim, but chose to ignore the situation, he sued Bob. The state in which the accident occurred had no duty to assist laws. Which of the following will the court apply when making a decision in this case?

a) statutory law

b) administrative law

c) common law

d) equity law

e) none of the above is correct

How are international Court of Justice's rulings enforced?

a) U.N Security Council

b) Monetary sanctions

c) No means to enforce the judgments

d) Unilateral agreement by the parties before their case is heard

Under Foregin Sovereign Immunities Act ( FSIA) a foreign country is not under the jurisdiction of U. S. Courts if the foreign nation:

a) Its actions have a direct effect on U.S. interests

b) Waived immunity, expliciitly or by implication

c) Is engaged in some commercial enterprise on U.S. soil

d) Files a lawsuit in its own courts against a U.S. based business

A state statute mandates that the statute of limitations for negligence law suit is two years and the plaintiff is barred from filing the suit if they file after that time. This statute is an example of a :

a) criminal law

b) substantive law

c) private law

d) proecedural law

e) none of the above is correct

A Oregon company and an Alabama company entered into a contract stating that any legal disputes will be conducted in Alabama using Alabama law. This aggrement is called a:

a) venue selection clause

b) state selection clause

c) site selection clause

d) forum selection clause

e) none of the above is correct

For a state to use its long arm statutue, which of the following does NOT need to be shown:

a) defendant owns property in the plaintiff's state

b) defendenat must have violated a plaintiff's state law

c) defendant must have committed negligence within the plaintiff's state borders resulting in loss to the plaintiff

d) defendant must transact business within the plaintiff's state borders

Binding arbitration means:

a) a decision of the arbitrator will be final unless both parties agree to reopen the case

b) that the rules of the hearing will be strict in terms of number of witnessesses called, duration of hearing itself and whether attorneys could be present

c) the decision of the arbitrator will be final and the parties are barred from agreeing to reopen the case

d) the parties had previously agreed that arbitration would be utilized rather than litigation should a dispute arise

Which of the following is not a procedural due process issue?

a) police must obtain a search warrant to enter and search a citizens home for guns

b) Alabama passed a statute following home growing of marijuiana for private consumption

c) North Carolina passed a law prohibiting citizens from presenting evidence in trials involving concealed weapons

d) state of California changed the drinking age to 16 years old