Business Law I (Exam 1) - Wright SBU

Approximately ___% of civil cases settle prior to trial through some form of ADR.

90%

In ethics, compliance with the law is called the:

Moral Minimum

John filed a lawsuit and he does not have a legally protected interest at stake in the litigation. A court will refuse to hear the case on the grounds that which of following is lacking?

Standing

The categorical imperative is most closely associated with which philosopher?

Immanuel Kant

Which fee agreement would be most common in a personal injury case?

An agreement that the attorney will keep 33% of whatever funds are ultimately collected to handle the case

Palette Paints, Inc. expends funds and takes steps to ensure that all employees are safe on the job, that all products are safe for consumers, and that the environmental impact of the corporation is minimal. Palette Paints appears to believe in the concept of

Corporate Social Responsibility

Lyn files a suit against Karl. Karl denies Lyn's charges and sets forth his own claim that Lyn breached their contract and owes Karl money for the breach. Karl's claim is

Counterclaim

Mary believes that a higher or universal law exists that applies to all human beings and that written laws should imitate these inherent principles. Mary is closely aligned with which school of legal thought?

Natural Law School

Neville files a suit against Olina. If Olina fails to respond,

Olina will have a default judgment entered against her

Nicole has a legally valid will written while she is living in the state of New York. She later dies in the state of California. Which constitutional provision would require that Nicole's will be honored by the state of California?

The Full Faith & Credit Clause

The jury selection process is called:

Voir Dire

Hearsay evidence is:

a & b (generally admissible in court and testimony someone gives in court about a statement made by someone else who was not under oath at the time of the statement.

The Constitution sets forth specific powers that can be exercised by the national government and provides that the national government has the implied power to undertake actions necessary to carry its expressly designated powers. Under the Tenth Amendment, all other powers are expressly reserved to

a & b (the states and the people)

Gilbert wants to initiate a suit against Healthways Insurance Company by filing a complaint. The complaint should include

a statement alleging the facts showing the court has jurisdiction.

Sara believes that she has a strong case against Tom for the breach of an employment contract. Despite this belief, Sara cannot file a suit against Tom after the expiration of the time allowed for the filing under

a statute of limitations

Situations in which employers face ethical issues with respect to social media platforms include

all of the choices (conducting an Internet search to discover what a job candidate has posted, judging a job candidate based on what he or she does outside the work environment, rejecting a job candidate if he or she does not participate in any social media.)

Orson files a suit against Portia. Before going to trial, the parties meet, with their attorneys to represent them, to present their dispute to a third party who is not a judge but who imposes a resolution on the parties. This is

arbitration

Jenna files a civil suit against Keshia. To succeed, Jenna must prove her case

by a preponderance of the evidence

The Iowa Supreme Court rules against Jennifer in a case against Kut-Rate Stores, Inc. Jennifer wants to appeal her case to the United States Supreme Court. She must ask the Court to issue a writ of

certiorari

To prepare for a trial between SmartPhones, Inc., and TechApps Company, TechApps' attorney places SmartPhones' chief executive officer (CEO) under oath. A court official makes a record of the attorney's questions and the CEO's answers. This is

deposition

Rodrick, the chief executive officer of Social Post Host Inc., claims that certain actions by the state of Texas infringe on rights guaranteed by the Bill of Rights. Most of these guarantees have been held to limit

federal and state actions

Fresh Harvest Company, which is based in Georgia, packages and sells vegetables. Hayden, who is a resident of Indiana, buys a Fresh Harvest product, eats it, and suffers severe food poisoning. Hayden wants to file a suit against Fresh Harvest. Assuming the amount Hayden seeks is greater than $75,000, the diversity of citizenship between these parties means that

federal and state courts have concurrent jurisdiction.

The Uniform Commercial Code:

has been adopted by state legislatures in all 50 states

Delia files a suit against Eduardo in a Florida state court over the ownership of a boat docked in a Florida harbor. Both Delia and Eduardo are residents of Georgia. Eduardo could ask for a change of venue on the ground that Georgia

is a more convenient location to hold the trial.

As a judge in a federal court, Christine can decide, among other things, whether the laws or actions of the executive and legislative branches are constitutional. The process for making this determination is known as

judicial review

Taco Hot Dogs, Inc., regularly advertises its products. Under the First Amendment, in comparison with noncommercial speech, the protection given these ads is

less extensive

The Montana Supreme Court rules against Natural Grocery Mart in a case against One Stop 2 Shop Stores, Inc. Natural Grocery files an appeal with the United States Supreme Court. The Court does not hear the case. This

means that the Montana court's decision is the law in Montana.

Lorena files a suit against Milton. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A third party suggests or proposes a resolution, which the parties may or may not decide to adopt. This is

mediation

A Maryland state court can exercise jurisdiction over National Insurance Corporation, an out-of-state company, if the firm has

minimum contacts with the state

Bob's Big Burgers n' Shakes Restaurant brings a suit, seeking a remedy at law. A remedy at law is

monetary damages

The Pennsylvania legislature enacts a state law that violates the U.S. Constitution. This law can be enforced by

no one

Congress enacts a law prohibiting toys made in Indonesia from being sold in the United States. The Washington state legislature enacts a law allowing the sale of Indonesian-made toys. Washington's law will most likely be

rendered invalid under the supremacy clause

Larry enters into a contract with Motivational Education Services to host a panel discussion at a sales conference. When the conference is postponed indefinitely, Larry asks a court to cancel the contract and return the parties to the positions that they held before its formation. This request involves

rescission

A showing of probable cause is needed in order to obtain:

search warrant

Mariah creates a t-shirt design that expresses support for Nathan, a presidential candidate, and distributes t-shirts imprinted with the design to her friends. The t-shirts are an example of

symbolic speech

Arnold loses his suit against Buffy in a Colorado state trial court. Arnold appeals to a state intermediate court of appeals and loses again. Arnold would appeal next toq

the Colorado Supreme Court

Much of American law is based on

the English legal system

To hear a case, a court must have jurisdiction over:

the defendant

Ross, a research manager for Stock & Bond Investments, Inc., adheres to utilitarian ethics. Ross will determine that an action is morally correct when it produces the greatest good for

the most people

Beth is a victim of Carl's violation of a criminal law. Criminal law is concerned with

wrongs committed against the public as a whole