Part 1 Flashcards

1
Q

When a court is the only place to go that is known as…
a) Exclusive jurisdiction
b) Mandatory jurisdiction
c) Concurrent jurisdiction
d) Appellate jurisdiction

A

A) Exclusive jurisdiction

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2
Q

Laws enacted by the state legislature are generally referred to as…
a) Statutory Law
b) Precedents
c) Regulations
d) Directives

A

A) Statutory Law

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3
Q

Administrative Laws include the rules of a …
a) company board of directors
b) state legislature
c) governments agency
d) federal court

A

C) Government agency

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4
Q

Common law rules develop from…
a) the rulings of administrative agencies
b) statues enacted by legislatures
c) international treaties and agreements
d) court decision and precedents

A

D) court decisions and precedents

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5
Q

In a civil case, the objective is to…
a) determine the guilt or innocence of the defendant
b) punish the defendant for a crime committed
c) protect society from dangerous individuals
d) attain a remedy for an injured party

A

D) attain a remedy for an injured party

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6
Q

Challenging a congressional enactment before the court by which the court decides its constitutionality is known as…
a) Executive oversight
b) legislative supervision
c) administrative inspection
d) judicial review

A

D) judicial review

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7
Q

When one party wants to file a suit against the other must have jurisdiction over both the
a) parties and subject matter
b) judge and jury
c) witnesses and evidence
d) attorneys and legal system

A

A) parties and subject matter

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8
Q

For a state court to hear a case that was out of state/foreign, there must be…
a) personal jurisdiction over the parties involved in the case
b) territorial jurisdiction over the location where the case occurred
c) criminal jurisdiction over the conduct in the question

A

A) a personal jurisdiction over the parties involved in the case

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9
Q

What is the basis of federal jurisdiction?
a) diversity of citizenship
b) state laws and regulations
c) international treaties and agreements
d) common law principles

A

A) diversity of citizenship

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10
Q

If a Montana legislature violates the Constitution, it is enforceable by…
a) no one
b) the state legislature
c) the state court
d) the federal government

A

no one

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11
Q

Every agreement concerned with trade and every regulation of trade restraints the test of legality under the antitrust laws, according to the rule of reason, is whether the restraint…
a) merely regulates and thereby promotes competition
b) has a substantial effect on interstate commerce
c) suppresses or destroys competition
d) is blatantly, inherently anti-competitive.

A

A) merely regulates and thereby promotes competition

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12
Q

Power Inc. and QuaiGas Corporation refine and sell natural gas. To limit the supply on the market and thereby raise prices, Power and QuaiGas agree to buy “excess” supplies from dealers and “dispose” of it. This is:
a) a deal that neither restrains trade or harms competition
b) not within the scope of the Sherman Act
c) a per se violation of the Sherman Act

A

c) a per se violation of the Sherman Act

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13
Q

Online Media Inc. bundles its products so that consumers are forced to pay for access to some sites that they do not want in order to obtain access to sites that they do want. A court will likely rule that the bundling does not violate the rule of reason if it…
a) does not injure competition
b) is fully within the firms’ ability to achieve
c) is the most restrictive means for the firm to achieve its purpose
d) suppresses or destroys competition

A

a) does not injure competition

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14
Q

Fish Purveyors Corporation and Gill Netters Inc. are the principal suppliers of crustaceans in their market. They agree that Fish Purveyors will sell exclusively to retailers and Gill Netters will sell exclusively to wholesalers. This is most likely…
a) s situation that neither restrains trade nor harms competition
b) a per se violation of antitrust law
c) subject to analysis under the rule of reason
d) not within the scope of the Sherman Act

A

b) a per se violation of antitrust

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15
Q

Mountain Crest Inc. makes and distributes its branded products to authorized dealers. To prevent price-cutting by dealers in direct competition, the firm imposes limits on where each dealer can sell the products. This is…
a) a territorial restriction
b) a trade association
c) smart marketing
d) a price-fixing agreement

A

a) a territorial restriction

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16
Q

Cosmetique Inc. makes and sells cosmetics and related products. By selling its goods at prices substantially below the normal cost of production, the firm hopes to drive its competitors from the market. This is…
a) marketing power pricing
b) predatory pricing
c) pice discrimination
d) price-fixing

A

b) predatory pricing