LAW 231- Midterm (part 1)

Liz and Moss disagree over the amount due under their contract. To avoid involving a third party in the resolution of their dispute, Liz and Moss could resolve their dispute through a. mediation. b. arbitration. c. negotiation. d. litigation.

. negotiation

Sources of law that courts must follow in deciding a case are called binding authority. Binding authority does not include: A section of the Revised Missouri State Statutes. Rules and regulations of the Federal Trade Commission. Court decisions from a higher court in the jurisdiction. An article of the Missouri Constitution. An article from a reputable newspaper such as the Wall Street Journal.

An article from a reputable newspaper such as the Wall Street Journal.

Which of the following is considered to be the earliest forerunner to modern day law? United States Constitution Mayflower Compact Code of Hammurabi Magna Carta Articles of Confederation

Code of Hammurabi

A constitutional rule that allows Congress to give some of its authority to agencies is referred to as the Arbitrary and Capricious Test Administrative Law Judge Rule Bureaucracy Rule Delegation Doctrine Administrative Statute

Delegation Doctrine

Khloe brings suit against Kylie for defamation, for spreading nasty personal rumors about her that are not true. Kourtney is a witness for Khloe, and Kendall is a witness for Kylie. Kim, who just recently graduated law school and passed the bar exam in California, has been hired by Kylie to represent her in the case. Who is the defendant? Khloe Kim Kylie Kendall Kourtney

Kylie

Which of the following are considered primary sources of American law? The Magna Carta and state constitutions. The U.S. Constitution and state constitutions. The United Nations and the U.S. Constitution. The Declaration of Independence and the U.S. Constitution. The League of Nations and state constitutions

The U.S. Constitution and state constitutions.

Ray, the manager of Soy Farm Inc., must decide whether to plant genetically modified seed that could spread to the crop of an adjacent farm, whose owner opposes its use. Not using the seed could cut Soy's production and profitability, impacting its owners, employees, creditors, and others. If Ray considers all of these factors in making his decision, he is likely applying a. the principle of rights theory. b. religious principles. c. the categorical imperative. d. utilitarianism.

a. the principle of rights theory.

On a challenge to a provision in a state constitution that conflicts with a provision in the U.S. Constitution a. the state provision will not be enforced. b. both provisions will be enforced. c. neither provision will be enforced. d. the state provision will be enforced only within that state's borders.

a. the state provision will not be enforced.

Ginny and Haruto present their case to an Idaho state court for resolution. The court defers to a different Idaho court's findings of fact in the case, and focuses on the application and interpretation of the law to the dispute. The court currently deciding Ginny and Haruto's dispute is a. an appellate court. b. a U.S. magistrate's court. c. a special inferior court. d. a trial court.

a. an appellate court.

Power Company creates a t-shirt design to express support for state tax credits favoring the use of energy-efficient products. The firm distributes the t-shirts to many of its customers. The t-shirts are an example of a. commercial speech. b. unprotected speech. c. symbolic speech. d. illegal speech.

a. commercial speech.

Sharp Machine Company files a suit against Tseng Parts Ltd., alleging a defective shipment of goods. During the trial, the plaintiff's attorney calls the first witness and asks questions. This questioning is called a. direct examination. b. an opening statement. c. hearsay. d. cross-examination.

a. direct examination.

State trial courts that are called county, district, superior, or circuit courts are most likely to have a. general jurisdiction. b. no jurisdiction. c. appellate jurisdiction. d. limited jurisdiction.

a. general jurisdiction.

Hobbes, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jules, a resident of Kentucky. Jules files a suit against Hobbes in Indiana. Regarding this suit, Indiana has a. in rem jurisdiction. b. in personam jurisdiction. c. no jurisdiction. d. federal jurisdiction.

a. in rem jurisdiction.

Jill and Kane, with their attorneys, meet to try to resolve a dispute. A neutral third party works with both sides and proposes a solution, but does not make a decision resolving the matter. This is a. mediation. b. negotiation. c. arbitration. d. none of the choices.

a. mediation.

During the trial of a suit concerning liability for an accident involving Cartage Ltd. and Docking Inc., the plaintiff's attorney presents evidence from Emma, a commercial accident reconstruction specialist. With respect to the evidence in the case that falls within Emma's field, she can a. offer her opinions and conclusions. b. testify only about the facts. c. describe only what she personally observed. d. prevent other witnesses from testifying.

a. offer her opinions and conclusions.

Common law rules develop from a. principles underlying judges' decisions in actual controversies. b. regulations issued by administrative agencies. c. statutes enacted by Congress and the state legislatures. d. uniform laws drafted by legal scholars.

a. principles underlying judges' decisions in actual controversies.

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through social media. The first step is a. publish a notice of the proposed rulemaking. b. solicit public comment. c. draft the rule. d. compile the rule with others in the Code of Federal Regulations.

a. publish a notice of the proposed rulemaking.

Laws enacted by legislative bodies at any level of government make up the body of law generally referred to as a. statutory law. b. uniform law. c. the basis of all law in the United States. d. the supreme law of the land.

a. statutory law.

Heyli is not a resident of Iowa although her website can be accessed by residents of that state. Jen files a suit against Heyli in an Iowa state court. The court is most likely to have jurisdiction over Heyli if Jen's claim arises from a. substantial business between Jen and Heyli through Heyli's website. b. the Internet's capacity to bypass boundaries. c. minimum contacts between Heyli and any Iowa resident. d. no interactivity between Heyli and any Iowa resident through Heyli's website.

a. substantial business between Jen and Heyli through Heyli's website.

Kansas enacts a law requiring all businesses in the state to donate 10 percent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level. Lo-Price Stores files a suit to block the law's enforcement. The court would likely hold that this law violates a. the establishment clause. b. the supremacy clause. c. the free exercise clause. d. no clause in the U.S. Constitution.

a. the establishment clause.

Considering the triple bottom line requires looking at how business decisions impact all of the following except a. the platitudes. b. the profits. c. the people. d. the planet.

a. the platitudes.

The Food and Drug Administration (FDA) is an executive agency. As an executive agency, the FDA is subject to the authority of a. the president. b. state legislatures. c. no government official or entity. d. the U.S. Attorney General

a. the president.

NatGas Corporation obtains a federal license to operate a gas pipeline through a certain area of Oregon. The Oregon state legislature enacts a law that bans gas pipelines in that area. Most likely, the state law violates a. the supremacy clause. b. the commerce clause. c. no provision in the U.S. Constitution. d. the due process clause.

a. the supremacy clause.

A precedent is a. the chief executive officer of the United States. b. a court decision that furnishes an example for deciding subsequent cases involving similar or identical facts or principles. c. the fundamental procedure by which the government exercises its authority. d. a lawsuit in which a number of persons join together.

b. a court decision that furnishes an example for deciding subsequent cases involving similar or identical facts or principles.

The Federal Emergency Management Agency (FEMA) discovers that Rescue Inc. is violating a FEMA regulation. If this situation is resolved like most such disputes, the outcome will be a. a trial and an appeal to a higher authority. b. a negotiated settlement. c. a trial and the dissolution of the business. d. a trial and a fine.

b. a negotiated settlement.

Closed meetings of the U.S. Bureau of Land Management, a federal administrative agency, are permitted when a. the subject of the meeting concerns accusing a person of a crime. b. all of the choices c. open meetings would frustrate the implementation of future actions. d. the subject of the meeting involves matters relating to future rulemaking.

b. all of the choices

Ordering a party to perform what was promised is a. an action. b. an equitable remedy. c. beyond the court's authority. d. an unenforceable demand.

b. an equitable remedy.

Loni files a civil suit against Meme's Bridal Shop, seeking to recover the amount of a refund for an undelivered wedding dress. To succeed, the plaintiff must prove her case a. through a scintilla of evidence. b. by a preponderance of the evidence. c. to the extent promised in his attorney's opening statement. d. beyond a reasonable doubt.

b. by a preponderance of the evidence.

A business corporation that acts to ensure its employees are treated fairly and its operations minimally impact the environment is applying the concept of a. categorical imperative. b. corporate social responsibility. c. moral minimum. d. triple bottom line.

b. corporate social responsibility.

River City enacts an ordinance that prohibits all advertising on the sides of trucks. A court would likely review this ordinance under the principles of a. free exercise. b. due process c. interstate commerce. d. equal protection.

b. due process

To reduce traffic, Market Town enacts an ordinance that allows only a few specific street vendors to operate in certain areas. A court would likely review this ordinance under the principles of a. free speech. b. equal protection. c. interstate commerce. d. free exercise.

b. equal protection.

Bath & Kitchen Inc. is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, the firm wants a court to review it. First, however, the firm must a. petition other interested parties to oppose the decision. b. exhaust all possible administrative remedies. c. publish its opposition in the Federal Register. d. refuse to comply with the agency decision.

b. exhaust all possible administrative remedies.

Peanut Products Company (PPC) makes goods that can cause severe health problems to those with peanut allergies. PPC analyzes the cost of warning people of the risk (which the company's management sees as obvious) and the harm to people if no warning is provided. This analysis most likely is part of a. corporate social responsibility. b. outcome-based ethics. c. religious ethical principles. d. a duty-based ethics approach.

b. outcome-based ethics.

The 1803 decision of the United States Supreme Court in the case of Marbury v. Madison established a. the jurisdiction of the courts. b. the power of judicial review. c. the writ of certiorari. d. the rule of four.

b. the power of judicial review.

The executive branch of the government can exercise control over an administrative agency through a. legislation that takes away the agency's power. b. the president's veto powers. c. none of the choices. d. judicial review of agency actions and decisions.

b. the president's veto powers.

A cost-benefit analysis is part of a. corporate social responsibility. b. utilitarianism. c. the principle of rights theory. d. a duty-based ethics approach

b. utilitarianism.

Cattle House Steaks, a Colorado company, enters into a contract over the phone with Beef Packing Inc., an out-of-state corporation. If a dispute arises, a Colorado court can exercise jurisdiction over Beef Packing a. in no circumstances. b. only if Beef Packing files the suit. c. under the minimum-contacts test. d. on the basis of a federal question.

c. under the minimum-contacts test

Data Inc. pays income and other taxes collected by the Internal Revenue Service (IRS). Like other federal administrative agencies, the IRS was created by a. a court, through the adjudicatory process. b. the president, through an executive order. c. Congress, through enabling legislation. d. an administrative agency, through administrative regulations.

c. Congress, through enabling legislation.

To prepare for a trial between Sky Quest Inc. and Telescope Company, the plaintiff's attorney places the defendant's chief executive officer (CEO) under oath. A court official makes a record of the attorney's questions and the CEO's answers. This is a. hearsay. b. voir dire. c. a deposition. d. a cross-examination.

c. a deposition.

Stare decisis is best defined as a. the authority to decide a specific dispute. b. a judicial proceeding to redress a wrong. c. a doctrine under which judges follow established precedents. d. a situation giving a person a right to initiate a judicial proceeding.

c. a doctrine under which judges follow established precedents.

Maris files a suit against Ngu in a state court over an employment contract. The case proceeds to trial, after which the court renders a verdict. The case is appealed to the state's highest court. After that court's review of Maris v. Ngu, a party can appeal the decision to the United States Supreme Court if a. the party is unsatisfied with the result. b. the state trial and appellate court rulings are different. c. a federal question is involved. d. a state question is unresolved.

c. a federal question is involved.

An award of damages is a. the right to harm another. b. the cancellation of a contract. c. a payment of money or property. d. an order to do or to refrain from doing a certain act.

c. a payment of money or property.

Sportsfield Inc. files a suit against Tailgate Services. Before the trial, during the jury selection process, Sportsfield's attorney asks, without providing any reason, that one of the potential jurors not be sworn in. This is a. an affirmative defense. b. a motion to dismiss. c. a peremptory challenge. d. a challenge for cause.

c. a peremptory challenge.

A proceeding in which an administrative law judge hears and decides issues that arise when an agency charges a person or a firm with an agency violation is a. investigation. b. declaration. c. adjudication. d. rulemaking.

c. adjudication.

The concept of venue reflects the policy that a court trying a case should a. have exclusive jurisdiction over the subject matter. b. have minimum contacts with the parties to the case. c. be in the geographic neighborhood of the incident or parties in dispute. d. be more or less informed or prejudiced for or against the defendant.

c. be in the geographic neighborhood of the incident or parties in dispute.

The classification of law that concerns the rights and duties that exist between persons and between citizens and their government is a. criminal law. b. natural law. c. civil law. d. legal positivism.

c. civil law.

The Environmental Protection Agency (EPA) discovers that Fish Farm Inc. has violated an EPA regulation. If no settlement is reached, the EPA can a. immediately impose sanctions. b. take the matter to the U.S. Supreme Court. c. issue a formal complaint. d. do nothing.

c. issue a formal complaint.

State trial courts that are called special inferior trial courts or minor judiciary courts are most likely to have a. no jurisdiction. b. appellate jurisdiction. c. limited jurisdiction. d. general jurisdiction.

c. limited jurisdiction.

Grain Farm Inc. files a suit against Harvest Services. Before the court can exercise jurisdiction over Harvest, the court must have proof that a. Harvest committed the act of which Grain Farm complains. b. Grain Farm is prepared to notify Harvest of the suit. c. Grain Farm did not act to precipitate a dispute with Harvest. d. Harvest was notified of the suit.

d. Harvest was notified of the suit.

A dispute between two cheese makers—Cheddar Creamery Company and Deli Dairy Inc.—falls under a state statute on unfair trade practices. The application of this law to these parties must be determined by a. a jury. b. an appellate court. c. a trial court. d. a judge.

d. a judge.

The means to enforce a right or compensate for the violation of a right is a. a cornerstone. b. stare decisis. c. jurisdiction. d. a remedy.

d. a remedy.

The Environmental Protection Agency (EPA) wants Waste Disposal Company to produce certain records for review. The EPA can gain access to the records through a. a formal complaint. b. a rule for parol evidence. c. an order for specific performance. d. a subpoena.

d. a subpoena.

An injunction is a. the cancellation of a contract. b. a departure from precedent. c. a payment of money. d. an order to do or to refrain from doing a certain act.

d. an order to do or to refrain from doing a certain act.

Cornel and Deanna resolve their dispute over the subsidence of Cornel's real property due to Deanna's excavation for an irrigation pond by having a neutral third party render a binding decision. This is a. negotiation. b. mediation. c. early neutral case evaluation. d. arbitration.

d. arbitration.

Bess files a suit against Chet over the sale of Dairy Farm. During the trial, after the plaintiff's attorney is finished questioning the first witness, the witness is subject to a. a closing statement. b. a preponderance of the evidence. c. direct examination. d. cross-examination.

d. cross-examination.

Independent regulatory agencies such as the Federal Communications Commission are a. not part of the government's executive branch. b. cabinet departments within the executive branch. c. subagencies within the cabinet departments. d. outside the federal executive departments.

d. outside the federal executive departments.

The state of Florida can regulate building contractors and building codes in the state under its a. commerce power. b. entitlement to full faith and credit. c. system of checks and balances. d. police powers.

d. police powers.

Steel Mill Inc. makes steel forms of substandard quality. Tower Building Company has never bought or used a Steel Mill form, but files a suit against the firm, alleging that its products are defective. The defendant's best ground for dismissal of the suit is that the plaintiff does not have a. venue. b. exclusive jurisdiction. c. minimum contacts. d. standing to sue.

d. standing to sue.

Ty, a citizen of Utah, files a suit in a Utah state court against Vancouver Sales Corporation, a Washington state company that does business in Utah. The court has original jurisdiction, which means that a. the court has a unique method of deciding whether to hear a case. b. the subject matter of the suit is interesting and new. c. the court has unusual procedural rules. d. the case is being heard for the first time.

d. the case is being heard for the first time.

Believing that a higher, or universal, law exists that applies to all human beings, and that each written law should reflect the principles inherent in this higher law, is a. legal realism. b. legal positivism. c. the historical school of legal thought. d. the natural law tradition.

d. the natural law tradition.

When Lara and Mick cannot resolve their dispute amicably, Lara initiates a lawsuit against Mick. Lara is a. the case of first impression. b. the persuasive authority. c. the defendant. d. the plaintiff.

d. the plaintiff.

Ihlan initiates a lawsuit against Juno, alleging that Juno has not paid her rent for six months and Ihlan wants her to vacate her apartment. The sheriff serves a summons. Juno does not respond. Ihlan a. must withdraw the complaint. b. must provide proof in support of the claim. c. must file a motion for renewed service of process. d. will be awarded a default judgment.

d. will be awarded a default judgment.

A resident of one state, when in another state, can be denied the privileges and immunities of that state for any reason. t f

false

A secondary source of law establishes the law on a particular issue. t f

false

Privacy rights receive no protection under federal law. t f

false

Procedural due process focuses on the content of legislation. true false

false

The term moral minimum is best defined as the highest degree of ethical behavior expected of a firm true false.

false

When profit maximization is the goal, a company does not benefit from ethical behavior. t f

false

Fidgets-R-Us, Inc., appeals a decision against it, in favor of Widgets 'N More, Inc., from a lower court to a higher court. Widgets 'N More is the plaintif. the defendant. the petitioner. the appellant. the appellee.

the appellee.

Corporate "citizenship" involves making decisions beyond just maximizing profits and dividends. t f

true

Corporations enjoy many of the same rights and privileges as natural persons do t f

true

The Sarbanes-Oxley Act was enacted to reduce the number of unethical business decisions by requiring the accountability of publicly traded companies. t f

true

The dormant commerce clause comes into play when state regulations affect interstate commerce. t f

true

Under the full faith and credit clause, any judicial decision in one state with respect to contract rights will be honored and enforced in all states. true false

true

Voir dire refers to the jury selection process. t f

true