1. BUSINESS LAW TEST REVIEW
CHAPTER 3

2. Zach and Peyton entered into a contract to do business together
Zach and Peyton entered into a contract to do business together. If they have a disagreement later about what is in the contract, what would be an inexpensive, non-binding way for them to settle their disagreement?
By the use of mediator

3. The mediator that Zach and Peyton contracted with was unable to help them reach an agreement in their dispute. What would be an inexpensive way for them to reach a legally binding agreement without going to court?
Using an arbitrator

4. The arbitrator has reached a decision in the Zach/Peyton dispute
The arbitrator has reached a decision in the Zach/Peyton dispute. However, Zach refuses to follow the decision. What governmental forum would Peyton use to help him get justice?
Court of law

5. Chandler has been accused of forging his boss’s signature on some checks. Which court would first hear his case, listening to the witnesses’ testimony and reviewing the evidence?
Trial Court

6. After listening to the testimony of the witnesses and reviewing the evidence presented, a decision was made by the trial court in Chandler’s case. What is this decision called?
Verdict

7. What type of jurisdiction would the trial court have over Chandler’s case?
Original jurisdiction

8. Chandler was found guilty of forgery and sentenced to five years of prison. Chandler feels that there were many errors in applying the law at his trial and that his public defender inadequately defended him. Which court would next hear his case?
Appellate Court

9. When Chandler appeals his case to the appellate court, the court will require the trial court to send a verbatim record of the original trial. This verbatim record is called the
Transcript

10. Chandler has hired Tomas as his new lawyer of record
Chandler has hired Tomas as his new lawyer of record. In filing the appeal of Chandler’s case, Tomas will also be required to file a written argument on the issues of law that were in error in the original case. These arguments are called
Appellate briefs

11. Which section of the U.S. Constitution authorizes the Congress to establish a court system?
Article III; Section 1

12. The United States District Courts are allowed to hear almost any type of case at the federal level. What type of jurisdiction would this be?
General jurisdiction

13. Joe had started a business that, unfortunately, did not make a profit
Joe had started a business that, unfortunately, did not make a profit. He ended up closing the business and filed papers with a court that would “forgive” all of the debts of the business. Which court did Joe file his papers with?
Bankruptcy Court

14. The bankruptcy court that Joe used has what type of jurisdiction?
Specialized jurisdiction

15. Any case where the amount is over $75,000 and
What types of cases will U.S. District Courts have original jurisdiction over?
Any case where the amount is over $75,000 and
Federal questions or cases that arise under the Constitution, U.S. law, and U.S. treaties
Lawsuits between citizens of different states
Lawsuits between a US citizen and a foreign nation
Lawsuit between a US citizen and citizen of a foreign nation

16. If Julio, a US citizen, files a case against Chloe, a Swedish citizen and loses the case at the US District Court, where would he file his appeal?
US Court of Appeals

17. Shane has been having an ongoing dispute with the Environmental Protection Agency over a small piece of his backyard that tends to hold water after a rain. The EPA is wanting to claim the land as a federal wetlands. If Shane is wanting to file a lawsuit to stop this, where would the case be filed?
US Court of Appeals

18. Little Sisters of the Poor are fighting a mandate from the Health and Human Services requiring them to violate their strongly held beliefs having to do with contraception and abortion. Where was this lawsuit originally filed?
US Court of Appeals

19. The parties in the Little Sisters of the Poor did not like the decision of the Court of Appeals and feel that there is a serious violation of the constitutional right of freedom of religion at issue. Which court would next hear this case?
U.S. Supreme Court

20. If the U.S. Supreme Court felt that the issues being raised in the Little Sisters of the Poor case were of a serious enough issue, what could they do?
Issue a writ of certiorari

21. What does a writ of certiorari do?
Requires a lower court to turn over a record of the case to the U.S. Supreme Court for review

22. The complete, exact record of what happens at a trial is referred to as
Court of record

23. James and Isaih get in a dispute over the damage to James car
James and Isaih get in a dispute over the damage to James car. The cost of repairing the car will be approximately $2,000. James feels that Isaih should repair the car since Isaih was driving it at the time it was damaged. Which court would James file his claim in?
Small claims court

24. Miguel, a 16 year old, has been picked up by the police for vandalism
Miguel, a 16 year old, has been picked up by the police for vandalism. He was accused of spray painting graffiti on the sides of a rival high school. Which court would most likely hear Miguel’s case?
Juvenile Court

25. Emily was issued a ticket for violating a city ordinance against open burning of trash. Which court would hear her case?
Municipal court. Could be either a city or a town court, depending on the size of the area.