Q&A Hero

Q: Generally, a state court can exercise jurisdiction over anyone within the boundaries of the state.

Q: Dumping is the sale of imported goods at "greater than fair value."

Q: The courts act as a check on the other branches of government.

Q: Donna goes through an involuntary bankruptcy proceeding. An invol­un­tary bankruptcy occurs when a. a debtor files forms designated for the purpose in a bankruptcy court. b. a debtor is unable to pay his or her debts as they come due. c. a debtor's creditors force the debtor into bankruptcy proceedings. d. a debtor's debts exceed the fair market value of his or her assets.

Q: Antidumping duties are the responsibilities of international environmental polluters.

Q: Federal courts are superior to state courts.

Q: Joe files a voluntary petition for Chapter 7 bankruptcy. His petition does not need to include a. a list of Joe's secured creditors. b. a list of Joe's unsecured creditors. c. a list of the occupations of all Joe's creditors. d. the addresses of all Joe's creditors.

Q: Alpha Corporation files a suit against Beta, Inc., alleging that Beta breached a contract to sell Alpha a computer system for $100,000. The court rules in Alpha's favor, and Beta appeals to a higher court. In the initial suit, who was the plaintiff and who was the defendant, and on appeal, which party was the appellant and which the appellee?

Q: Dumping is the exporting of environmentally polluting goods to a foreign market.

Q: Tariffs are taxes on imports.

Q: In a lawsuit between Digital Sales Corporation and Engineering Associates, Inc., the court applies the doctrine of stare decisis.What is this doctrine? What does this doctrine have to do with the American legal system?

Q: Roland files for Chapter 7 bankruptcy. After all his assets have been sold and the proceeds distributed among his creditors, Roland's remaining debts a. are discharged. b. paid by the court. c. must be paid by Roland. d. are put on hold until Roland has sufficient means to pay them.

Q: Norma Jean files for Chapter 7 bankruptcy. She turns her assets over to Addie, who sells the assets and then distributes the proceeds to Norma Jean's creditors. Addie is a a. creditor. b. federal judge. c. bankruptcy trustee. d. debtor.

Q: The Montana Supreme Court decides the case of National Co. v. Overseas Corp. Of nine justices, eight believe the judgment should be in National's favor. Justice Pine disagrees and writes a separate opinion. This opinion is a. a concurring opinion. b. a dissenting opinion. c. a minority opinion. d. a unanimous opinion.

Q: Wilson wants to file an ordinary, or straight, bankruptcy. Wilson should file using a. Chapter 7. b. Chapter 11. c. Chapter 13. d. his state's bankruptcy code.

Q: Quotas are limits on the amounts of goods that can be imported.

Q: If the title of a case appears as "Quality Sales Corp. v. Regional Distribution Co.," the party in whose favor the court decided is a. Quality Sales. b. Regional Distribution. c. either party. d. neither party.

Q: Bess wishes to appeal a decision from a federal bankruptcy court. Bess must appeal to a. a county court. b. a federal district court. c. the U.S. Supreme Court. d. a state court.

Q: Tariffs are imposed only on exports.

Q: Standard Business Company appeals a decision against it, in favor of Top Flight Corporation, from a lower court to a higher court. Standard is a. the appellant. b. the appellee. c. the defendant. d. the plaintiff.

Q: Airways Corporation and Best Business, Inc., enter into a contract over the Internet. Cyberlaw is a. a classification of law distinct from civil law and criminal law. b. a new type of law that applies to online activities. c. law that governs cyberspace transactions. d. non-government rules observed by those who use the Internet.

Q: Dana defaults on a debt to Rachel. Rachel will NOT be able to recover the debt from a. the sale of Dana's prize winning pet dog. b. the sale of Dana's investments in stocks. c. Dana's wages. d. Dana's lottery winnings.

Q: Restrictions on imports may include quotas.

Q: Areas of the law not governed by statutory or administrative law are a. governed by the common law. b. not governed by any law. c. open to each individual's own interpretation. d. subject to local ordinances.

Q: Daphne defaults on a debt to Country Loan Corporation (CLC). As a creditor, CLC can place liens on all of Daphne's property except a. motor vehicles used to commute to work. b. stock in various corporations. c. items that the debtor selects. d. vacant commercial property.

Q: Restrictions on exports may include tariffs.

Q: Fact Pattern 21-1Mary's home is in a state that has a $30,000 homestead exemption. Mary de­faults on a $60,000 debt that she owes to Nina. Mary's home is sold at auc­tion for $80,000.Refer to Fact Pattern 21-1. Other property Mary may own that may be ex­empt from satisfaction of judgment debts includesa. any property that Mary wishes to exempt.b. investments that Mary has made in her family's businesses.c. recreational vehicles that Mary uses on weekends.d. tools that Mary uses in her trade.

Q: Congress cannot impose any restrictions on exports except taxes.

Q: All nations have restrictions on imports.

Q: Quinn is a state court judge. In the case of Regal Products, Inc. v. Superior Manufacturing Co., Quinn establishes a logical relationship by comparing the facts in the case to the facts in other cases and, to the extent the facts are similar, applies the same rule. This is a. deductive reasoning. b. faulty reasoning. c. linear reasoning. d. reasoning by analogy.

Q: A state trial court has before it Eagle Manufacturing Co. v. Fine Products Corp., a case of first impression. The court can a. not refuse to decide the Eagle case. b. postpone deciding Eagle indefinitely. c. postpone deciding Eagle until there is binding authority. d. refuse to decide Eagle.

Q: Fact Pattern 21-1Mary's home is in a state that has a $30,000 homestead exemption. Mary de­faults on a $60,000 debt that she owes to Nina. Mary's home is sold at auc­tion for $80,000.Refer to Fact Pattern 21-1. Nina may recovera. $0.b. $30,000.c. $50,000.d. $60,000.

Q: A party to a licensing agreement generally agrees to pay royalties on some basis.

Q: In Alpha v. Beta, the court decides that a precedent is incorrect or inapplicable. With this in mind, the court a. may rule contrary to the precedent. b. must apply the precedent. c. must refuse to decide the particular case. d. must "stand on the decided case."

Q: Fact Pattern 21-1Mary's home is in a state that has a $30,000 homestead exemption. Mary de­faults on a $60,000 debt that she owes to Nina. Mary's home is sold at auc­tion for $80,000.Refer to Fact Pattern 21-1. Mary will receivea. $0.b. $30,000.c. $50,000.d. $60,000.

Q: A foreign state is immune from the jurisdiction of U.S. courts as long as the state is involved in commercial activity in the United States.

Q: Fact Pattern 21-1Mary's home is in a state that has a $30,000 homestead exemption. Mary de­faults on a $60,000 debt that she owes to Nina. Mary's home is sold at auc­tion for $80,000.Refer to Fact Pattern 21-1. If Nina recovers less than she is owed, she can realize the difference froma. any property that Mary owns.b. only exempt property that Mary owns.c. only nonexempt property that Mary owns.d. property that any other member of Mary's family owns.

Q: Jill is an appellate court judge. In this capacity, Jill establishes a rule of law. Under the doctrine of stare decisis, the principle must be adhered to by a. all courts. b. courts of lower rank only. c. that court and courts of lower rank. d. that court only.

Q: The doctrine of sover­eign immu­nity can immunize a foreign nation from the jurisdiction of U.S. courts.

Q: Drew and Earl are brothers. They agree to act as guarantors on a loan made by their sister, Flo. Flo defaults on the payments and Drew re­fuses to pay. Earl pays the debt. Earl can recover from a. Drew and Flo under the right of proportionate liability. b. Drew and Flo under the right of reimbursement. c. Drew under the right of contribution and Flo under the right of subrogation. d. no one, because the parties are brothers and sister.

Q: Lee is a judge in a court of equity. In this court, Lee may bar a suit if it is not filed within a proper time under the doctrine known as a. laches. b. stare decisis. c. the chancellor's discretion. d. the king's conscience.

Q: The Foreign Sovereign Immunities Act spells out the particulars of what constitutes a com­mercial activity.

Q: Consumer Credit, Inc. (CCI), lends $1,000 to Joe. Kay acts as Joe's surety. If Kay pays the loan, she gets a. any right that CCI had against Joe, but not a right to be reimbursed by Joe. b. a right to be reimbursed by Joe, but not any right that CCI had against Joe. c. any right that CCI had against Joe and a right to be reimbursed by Joe. d. none of the choices.

Q: Gary is a state court judge. In his court, as in most state courts, he may grant a. equitable and legal remedies. b. equitable remedies only. c. legal remedies only. d. neither equitable nor legal remedies.

Q: Under the act of state doctrine, a firm whose assets a foreign gov­ernment has expro­priated may not recover compensatory damages in a U.S. court.

Q: Maggie is a surety for Juli's debt to Bill. Bill and Juli decide to make material changes to the original contract without consulting Maggie. Maggie is a. still bound by the contract. b. discharged completely. c. still bound by the contract, but allowed to make additional changes to the contract. d. still bound by the contract unless she contests it within 30 days of the changes.

Q: Great Internet, Inc. (GII), is an Internet service provider. GII's tech support employees are on strike. Six of the workers are blocking GII's door. To get them away from the door, GII should obtain a. a decree of specific performance. b. an award of damages. c. an injunction. d. a rescission.

Q: William is a surety for Jeannie's loan from Richard. Richard knows of William's existence. When the loan comes due, Jeannie tries to pay Richard, but Richard rejects the payment. William is a. released from any obligation on the debt. b. required to pay the amount of the debt to Richard. c. required to pay up to half of the amount of the debt to Richard. d. required to pay the amount of the debt to Jeannie.

Q: The United States has a common law system. The common law began a. as a body of general rules applied in the courts throughout England. b. as a group of legal principles enacted by continental European nations. c. as part of the Roman civil law. d. in the Islamic courts of Muslim countries.

Q: Expropriation occurs when a government seizes private property for an il­legal pur­pose and awards just compensation.

Q: Dina asks Edie to co-sign a credit application so that she can borrow money and buy a truck from First Street Motors. If, after the loan agreement is signed, Dina agrees to a higher rate of interest without telling Edie, then Edie is a. discharged from the agreement. b. liable at the higher rate of interest. c. liable at the lower rate of interest. d. liable for the principal only.

Q: As a judge, Nora decides cases that involve principles of administrative law, case law, civil law, and statutory law. Common law is a. administrative law. b. case law. c. civil law. d. statutory law.

Q: The act of state doctrine provides that only a head of state can make trea­ties with an­other nation.

Q: Firms overseas have almost total legal protection against government acts in the countries in which they operate, under the act of state doctrine.

Q: Owen is a federal judge whose judicial decisions are part of case law, which includes interpretations of a. administrative regulations only. b. constitutional provisions only. c. statutes only. d. administrative regulations, constitutional provisions, and statutes.

Q: Muffins-2-Go buys a truck from Street Vehicles, Inc., under a contract signed by Riley, Muffins-2-Go's president, making him personally liable if Muffins-2-Go does not pay the loan. Riley is a. a guarantor. b. a surety. c. a co-surety. d. a co-creditor.

Q: A court awards a judgment to Alice, who is the creditor, against Ada, who is the debtor. After the judgment, Alice requests a court order to seize Ada's property to ensure that the judgment will be collectible. This is a. a judicial lien. b. a writ of attachment. c. a writ of execution. d. a violation of most state laws.

Q: Mary is a consultant to the National Conference of Commissioners on Uniform State Laws. This organization a. adopts uniform laws for the states. b. applies uniform laws to the states. c. drafts uniform laws for adoption by the states. d. imposes uniform laws on the states.

Q: Confiscation occurs when a government seizes a private property for a proper public purpose and awards just compensation.

Q: Under the principle of comity, a foreign business that deals with a U.S. business may be subject to U.S. law.

Q: If a provision in the Florida state constitution conflicts with a provision in the U.S. Constitution a. neither provision applies. b. the provisions are balanced to reach a compromise. c. the state constitution takes precedence. d. the U.S. Constitution takes precedence.

Q: Friendly Credit Corporation (FCC) believes that Gary may dispose of the assets that FCC expects to receive as payment for Gary's debt before FCC can obtain a judgment. FCC may ask a court to issue a writ of a. attachment. b. contribution. c. execution. d. redemption.

Q: A treaty is a contract or other agreement between two or more nations that must be ratified by the United Nations to take effect.

Q: The U.S. Congress enacts a new federal statute that sets different standards for the liability of businesses selling defective products. This statute applies a. only to matters not covered by state law. b. only to those states that adopt the statute. c. to all of the states. d. to none of the states.

Q: Ronald's debt to Greg is past due. Ronald obtains a judgment against Greg to collect the debt, but Greg will not pay. Ronald requests a writ of execution. The property that is seized under the writ of execution must be a. in Ronald's possession. b. in Greg's possession. c. in the possession of Greg's employer or other third party. d. located within the court's geographic jurisdiction.

Q: International law attempts to reconcile the authority of each nation over its own affairs with its desire to benefit from trade and harmonious relations.

Q: The River City Council, the Santa Clara County Board, the Texas state legislature, and the U.S. Congress enact laws. These laws constitute a. administrative law. b. case law. c. stare decisis. d. statutory law.

Q: Michael contracts with Jill to fix the brakes on her Honda Civic. Jill leaves her car with Michael, but refuses to pay when the work is done. Michael refuses to return the car until she pays. Michael's lien on Jill's car will end a. in thirty days. b. in sixty days. c. when Michael voluntarily surrenders possession of the car. d. when Jill obtains a court order requiring Michael to return the car.

Q: An international custom is a general practice accepted in the international arena as law.

Q: Portia owes Bon $500 on their contract, but refuses to pay. To collect, Bon files a me­chanic's lien, under which security for the debt is repre­sented by a. Portia's personal property. b. Portia's real estate. c. the $500 owed under the contract. d. the contract.

Q: The written law of a particular society at a particular time is most significant to a. a follower of the historical school. b. a legal positivist. c. a legal realist. d. a person who adheres to the natural law tradition.

Q: The management of Sport Shoes Corporation, a U.S. firm, wants to expand into foreign investment and employment markets. They are considering ei­ther opening their own production facility in a foreign country or enter­ing into a licensing agreement with a foreign firm. What are the advan­tages and disadvantages of each of these courses of action?

Q: Capital Diversified Corporation (CDC) owns assets in Dagistan, a new country in Asia. The gov­ernment of Dagistan wants to nationalize all assets owned by foreign firms and investors. What can CDC do? Can it at least obtain payment for the assets?

Q: A student loan is discharged under Chapter 13 unless the creditor can show "undue hardship."

Q: Rules and regulations adopted by federal administrative agencies are compiled in the Code of Federal Regulations.

Q: Cyberlaw is a new classification of law.

Q: Qang and other foreign citizens allege human rights violations committed overseas by the government of Burma on behalf of Railway Construction Company, a U.S. firm. To seek redress for their injuries in a U.S. court, these citizens can a. allege antitrust injuries under the Sherman Act. b. bring civil suits under the Alien Tort Claims Act. c. file criminal complaints under Title VII of the Civil Rights Act. d. do nothing.

Q: A Chapter 11 reorganization plan must provide for payment of tax claims over a five-year period.

Q: A substantive law creates or defines legal rights and obligations.

Q: Once a discharge is granted, it may not be revoked, even if, for example, a debtor concealed property to defraud a creditor.