BUS LAW UTampa Exam 1 questions with verified
answers
administrative law Ans✓✓✓laws passed by legislature, requires
additional rules typically.
Administrative Procedure Act (APA) Ans✓✓✓procedural requirements
for agency rulemaking: 1. notice of proposed rulemaking in federal
register 2. comment period 3. final rule
affdavits Ans✓✓✓written statement of facts, confirmed by oath
affirmative defense Ans✓✓✓response to plaintiff, do not deny facts,
attacks legal right to bring action
arbitration Ans✓✓✓arbitrator hears dispute and imposes a resolution
chevron case Ans✓✓✓supreme court held that courts should defer to an
agency's interpretation of the statute if the agency's interpretation is
reasonable.
Choice of Law Clauses Ans✓✓✓in contract, a certain law will be
applied in any dispute
Commerce Clause Ans✓✓✓congress regulates interstate commerce
, Counterclaim Ans✓✓✓defendant switches it and sues the original
plaintiff
cross examination Ans✓✓✓questioning of an opposing witness during
trial
default judgement Ans✓✓✓judgement where defendant does not
appear in court.
deposition Ans✓✓✓sworn testimony by party or witness
direct examination Ans✓✓✓attorney who calls them has them testify
discovery Ans✓✓✓opposing parties may obtain info from each other
and third parties prior to trial.
Diversity of Citizenship Ans✓✓✓amount of controversy > $75,000,
between citizens of different states
Due Process Clause Ans✓✓✓must have minimum contacts, fifth and
fourteenth amendment, no person denied life, liberty, property
Exhaustion Doctrine Ans✓✓✓requires regulated party to go through
administrative adjudication process before suing
answers
administrative law Ans✓✓✓laws passed by legislature, requires
additional rules typically.
Administrative Procedure Act (APA) Ans✓✓✓procedural requirements
for agency rulemaking: 1. notice of proposed rulemaking in federal
register 2. comment period 3. final rule
affdavits Ans✓✓✓written statement of facts, confirmed by oath
affirmative defense Ans✓✓✓response to plaintiff, do not deny facts,
attacks legal right to bring action
arbitration Ans✓✓✓arbitrator hears dispute and imposes a resolution
chevron case Ans✓✓✓supreme court held that courts should defer to an
agency's interpretation of the statute if the agency's interpretation is
reasonable.
Choice of Law Clauses Ans✓✓✓in contract, a certain law will be
applied in any dispute
Commerce Clause Ans✓✓✓congress regulates interstate commerce
, Counterclaim Ans✓✓✓defendant switches it and sues the original
plaintiff
cross examination Ans✓✓✓questioning of an opposing witness during
trial
default judgement Ans✓✓✓judgement where defendant does not
appear in court.
deposition Ans✓✓✓sworn testimony by party or witness
direct examination Ans✓✓✓attorney who calls them has them testify
discovery Ans✓✓✓opposing parties may obtain info from each other
and third parties prior to trial.
Diversity of Citizenship Ans✓✓✓amount of controversy > $75,000,
between citizens of different states
Due Process Clause Ans✓✓✓must have minimum contacts, fifth and
fourteenth amendment, no person denied life, liberty, property
Exhaustion Doctrine Ans✓✓✓requires regulated party to go through
administrative adjudication process before suing
