Midterm

Quest Inc., a US firm , and Real Treks, Ltd., a Canadian firm, enter into a contract that does not have a forum-selection or choice-of-law clause. Litigation between Quest and Real Treks involving this contract may occur in...

Canada, the US, or both

Destiny and Enzo engage in a business transaction. When a dispute arises, Destiny initiates a lawsuit against Enzo by filing a complaint. If Enzo files a motion to dismiss, he is asserting that...

Destiny did not state a claim for which relief can be granted

"Voir dire" refers to the seriousness of the controversy in a case

FALSE

A court appeal re-hears all of the evidence introduced at trial

FALSE

A default judgement is entered against a party only on proof that he or she was at fault in the matter at issue

FALSE

A jury instructs a judge in the law that applies in a case

FALSE

A justiciable controversy is a case in which the court's decision - the "justice" that will be served - will be controversial

FALSE

A key to avoiding business disputes is to go ahead without thinking

FALSE

A motion for summary judgement may be made before, during, or after a trial

FALSE

A person directly involved in the events concerning a lawsuit is known as an "expert" witness

FALSE

A reviewing court may reverse a trial court's judgment only in a case in which the plaintiff lost

FALSE

A state case typically originates in a federal court

FALSE

According to utilitarianism, it does not matter how many people suffer a negative effect from an act

FALSE

Adhering strictly to all business laws is all that is necessary to fulfill a business ethics obligations

FALSE

Administrative law is a source of American law that consists of statutes

FALSE

Arbitration that is mandated by a court is often binding on the parties

FALSE

At the beginning of a trial, only the defendant's attorney makes an opening statement

FALSE

Business owners' misbehavior has no negative consequences for their businesses

FALSE

Concurrent jurisdiction exists only when state courts have the power to hear a particular case

FALSE

Courts never depart from precedents

FALSE

Criminal acts are prohibited only by federal government statues

FALSE

Either party may appeal a jury's verdict but only if the plaintiff may appeal a judge's ruling

FALSE

Ethics is as clearly defined as the law

FALSE

If an action is legal, it is ethical

FALSE

In mediation, the mediator proposes a solution and makes a decision resolving the dispute

FALSE

In the United States Supreme Court does not have original jurisdiction in any case

FALSE

Interrogatories are written questions for which written answers are prepared by a judge

FALSE

Minimum contacts with a jurisdiction are never enough to support jurisdiction over a nonresident defendant

FALSE

Only a defendant may file a motion for summary judgement

FALSE

Procedural law is irrelevant with respect to a person's ability to pressure a legal claim

FALSE

Service of process is the process of obtaining information from an opposing party before trial

FALSE

Some cases decided by federal courts of appeals are not subject to review by the US Supreme Court

FALSE

Stare decisis is a doctrine obligating judges to help persons who have failed to protect their own rights

FALSE

State courts are superior to federal courts

FALSE

The U.S. Constitution resevres to the federal government all powers not granted to the states

FALSE

The amount in controversy in a diversity of citizenship case must be more than $1 million before a federal court can take jurisdiction

FALSE

The concept of corporate social responsibility is imposed on corporations by law

FALSE

The legality of an action is always clear

FALSE

The party against whom a lawsuit is brought is the plaintiff or petitioner

FALSE

The term "common law" refers to law that is common throughout the world

FALSE

To have standing to sue, a party must be "standing" in the geographical jurisdiction of the court in which a suit is filed

FALSE

Under the principle of rights theory, one person's principle s are as "right" as another's

FALSE

Unless a corporation violates a law, its actions do not raise questions about corporate ethics

FALSE

When all the judges (or justices) agree on a decision, a majority opinion is written for the entire court

FALSE

Flexo Trucking Company transports hazard¬ous waste. Garn is a Flexo driver, whom the company knows drives longer hours than federal regulations permit. One night, Garn exceeds the limit and has an accident. Spilled chemicals contaminate Hill City's water source, forcing the residents to move away. Flexo acted unethically because...

Flexo showed reckless disregard for Hill City's residents and others

Isabel and Josh engage in a business transaction that leads to a dispute. Isabel initiates a lawsuit against Josh by filing a complaint. The sheriff serves Josh with a summons. If Josh chooses to ignore it...

Isabel will have a judgement entered in her favor

Emily retains Michael, an attorney, on a contingency-fee basis to seek $1 million in damages in a personal-injury suit against Prescription Pharmaceuticals Inc. Emily wins. She must pay...

Michael's fee, court costs, and other expenses

Milo files a suit against Nick in an Ohio state court, noting that Nick operates a Web site through which Ohio residents have done substantial business with him. The court is most likely to have jurisdiction over Nick if Milo's claim arises from...

Nick's website activities relating to conduct in Ohio

Pietro files a suit against Qiana. If Qiana fails to respond...

Qiana will have a default judgement entered against her

"UCC 2 - 207 (1)" is a citation to Uniform Commercial Code section 2 - 207, subsection 1

TRUE

A business firm may have to comply with the laws of any jurisdiction in which is activity targets customers

TRUE

A case is remanded when it is sent back to a trial court for further processing consistent with the opinion of the appellate court

TRUE

A citation identifies the publication in which a legal authority can be found

TRUE

A company that acts ethically, or in good faith, has a stronger position in litigation than a company that does not

TRUE

A court can exercise jurisdiction over property that is located within its boundaries

TRUE

A summary judgement is issued only if there is no genuine question of fact

TRUE

Administrative law consists of the rules, orders, and decisions of administrative agencies

TRUE

An action may be legal but not ethical

TRUE

An answer can deny the allegation made in a complaint

TRUE

An appellate court can reverse the decision of a trial court that erred

TRUE

Any relevant material, including information stored electronically, can be the object of a discovery request

TRUE

Before a lawsuit begins, the court must have proof that the defendant was notified of the lawsuit

TRUE

Before a trial, the plaintiff can file a motion to dismiss

TRUE

Bribery of foreign government officials is both an ethical and legal issue

TRUE

Business decision makers are expected to make decisions that are ethically sound

TRUE

Business ethics looks at the decisions that businesses make or have to make and whether those decisions are right or wrong

TRUE

Cases arising between citizens of different states involve diversity of citizenship

TRUE

Codes of ethical conduct can indicate how employees are expected to act

TRUE

Companies that provide employee support through ethical training programs (as opposed to companies that provide no training) generally have more effective ethics codes

TRUE

Corporations can be perceived as owing ethical duties to groups other than their shareholders

TRUE

Corporations can be viewed as "citizens" that are expected to participate in bettering society

TRUE

Damages are a remedy at law

TRUE

Discovery is the process of obtaining information from an opposing party before trail

TRUE

Duty-based ethical standards very often derive from religious precepts

TRUE

Effective corporate ethical policies must be clearly communicated to employees

TRUE

Ethical reasoning is the process through which an individual links his or her moral convictions or ethical standards to the particular situation at hand

TRUE

Ethics is the study of the principles and conduct that guide business decision making based on what is right and good

TRUE

Focusing on a firm's short-run profits without considering the company's long-term needs may be acting unethically

TRUE

For jurisdictional purposes, corporations are considered legal persons

TRUE

Hearsay evidence is testimony someone gives in a court about a statement made by someone else who was not under oath at the time

TRUE

If a discovery request involves confidential business information, the scope of the request can be limited

TRUE

If people merely comply with the law, they are acting at the lowest ethical level society will tolerate

TRUE

In a common law system, judges general follow stare decisis unless there is a compelling reason to overturn a precedent

TRUE

In a corporation, managers are often faces with ethical trade-offs when a certain decision will benefit one group, but harm another

TRUE

In ethical terms, a cost-benefit analysis is an assessment of the negative and positive effects of alternative actions on individuals

TRUE

Law consists of enforceable rules governing relationships among individuals and between individuals and their society

TRUE

Laws and government regulations affect almost all business activities

TRUE

Management's behavior sets the ethical tone of a firm

TRUE

Managers must apply the same ethical standards to their employees as they do to themselves

TRUE

Many different laws may affect a single business transaction

TRUE

Most state trial court decisions are not published

TRUE

Negotiation can involve the parties to a dispute and their attorneys

TRUE

Religious rules generally are absolute with respect to the behavior of their adherents

TRUE

Remedies in equity include injections

TRUE

Remedies in equity include specific performance

TRUE

Sometimes, there is no "good" answer to the ethical question that arises

TRUE

Statues are laws enacted by congress and the state legislatures and comprise one of the sources of American law

TRUE

Statutory law included state statutes

TRUE

The courts, in interpreting statutory law, may rely on sources outside of the statue (such a common law precedents) as a guide to what the legislators intended

TRUE

The courts, in interpreting statutory law, often rely on the common law as a guide to what the legislators intended

TRUE

The expenses associated with an appeal can be considerable

TRUE

The minimum-contacts requirement is usually met if a corporation advertises or sells its products within a state

TRUE

The role of the court is to interpret and apply the laws

TRUE

The stability and predictability of the law are essential to business activities

TRUE

The study of ethics goes beyond legal requirements to evaluate what is right for society

TRUE

The term "alternative dispute resolution" refers to methods for resolving disputes outside the traditional judicial process

TRUE

The term "venue" refers to the location of the trial

TRUE

Trial courts conduct trials

TRUE

The legislature of the state of Wyoming enacts a new statue that sets standards for the liability of businesses selling defective products. This statute applies in...

Wyoming only

New Cuisine Cafe files a suit in a state court against Oliver Oil Inc., alleging a breach of contract. The case proceeds to trial, after which yer court renders a verdict. If New Cuisine decides to appeal to a state appellate court, it's attorney must make sure the clerk of the trial court sends to the clerk of the appellate court, within a prescribed period of time...

a copy of the record on appeal

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...

a counterclaim

To prepare for a trial between Fones, Inc., and G-Bytes's attorney places Fones's chief executive officer under oath. A court official make a record of the attorney's questions and the CEO's answers. This is...

a deposition

Olivia, a citizen of Nebraska, wants to file a suit against Micah, a citizen of Kansas. Their diversity of citizenship may be a basis for​...

a federal court to exercise original jurisdiction

Faye files a suit in a state court against Gas Station Stop, claiming employment discrimination. Gas station loses the suit and appeals. After the state's highest court's review of Faye v. Gas Station Stop, either party can appeal the decision to the US Supreme Court if...

a federal question is involves

Garvey files a suit in a state court against Hi-Rise Apartments. At the conclusion of Garvey's case, Hi-Rise files a motion asking the judge to direct a verdict for the defendant on the ground that Garvey has presented no evidence to support his claim. This is a motion for...

a judgement as a matter of law

Gabrielle files a suit against Hard 'n Fast Adhesives, Inc. Hard 'n Fast responds that even if Gabrielle's statement of the facts is true, according to the law Hard ' Fast is not liable. This is...

a motion to dismiss

In Fuel Injection Products & Service Corportation's suit against Gears & Cylinders, Inc., the jury returns a verdict in Fuel Injection's favor. Gears & Cylinders files a motion asking the judge to set aside the verdict and begin new proceedings. This is a motion for...

a new trial

Calvert files a suit in a state court against Denny, seeking an amount of allegedly unpaid rent for an office that Denny leased and later vacated. If Denny losses the suit and decides to appeal, his attorney must file, with the clerk of the trial court, within a prescribed period of time...

a notice of appeal

In a suit against Ethan, Francisco obtains an award of damages. This is...

a payment of money or property as compensation

Cafe Espresso is a coffee shop subject to the laws of Illinois. In Illinois, the highest-ranking (superior) law is...

a provision in the Illinois constituion

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

Cullen files a suit against Demi. Cullen and Demi meet, and each party's attorney argues the party's case before a judge and jury. The jury presents an advisory verdict, after which the judge meets with the parties to encourage them to settle their dispute. This is...

a summary jury trial

The case of Max v. National Credit Co. is heard in a trial court. The case of O! Boy! Ice Cream Co. v. Pecan Corp. is heard in a appellate court. The difference between a trial and an appellate court is whether...

a trial is being held

Brick & Mortar Construction & Masonry Corporation's ethical committee is asked a question: Should the firm bid low to obtain a contact that it knows can fulfill only at a higher price? A practical method of investigating and answering this question involves all of the following steps except...

absolution

Erin believes that a higher, or universal, law exists that applies to all human beings. Erin asserts that each written law should reflect the principles inherent in this higher law. Erin​...

adheres to the natural law tradition

The Bay City Planning Department, the Coastal Country Zoning Commission, the California Environmental Quality Agency, and the US Bureau of Land Management issue regulations. These rules constitute...

administrative law

Dylan, the owner Expert Restoration Services, Inc., adheres to the "principle fo rights" theory. Under this theory, a key factor in determining whether a business decision is ethical is how that decision...

affects the right of other

Bull files a suit against Clay in a state court over payment due on a short-term lease of grazing land. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. After its review of Bull v. Clay, the appellate court upholds the lower court's verdicts. The appellate court has...

affirmed the case

As CEO of Alabama Archery Supplies, Bertran applied ethical standards derived from religious principles. For businesses, religious principles can be...

all of the choices

In Research & Development Company's suit against Structural Engineers, Inc., Research & Development wants to introduce evidence that it claims is relevant. Relevant evidence is evidence that...

all of the choices

Statistics, Inc., is a corporation engaged in the business of compiling, analyzing, and marketing data. To accomplish its purposes, Statistics obtains financing, and hires and fires employees. Laws and government regulations affect such business activities as...

all of the choices

In Benny v. City Car Dealership, a state Supreme Court held that a minor could cancel a contract for the sale of a car. Now, a trial court in the same state is deciding Dora v. Even Steven Auto Deals, Inc., a case with similar facts and issues. Under the doctrine of stare decisis, the trial court is likely to...

allow the minor to cancel the contract

Deb and Earl are involved in a lawsuit. This is...

an action

In a suit by the National Forest Preservation Organization (NFPO) against Old Growth Logging, Inc., NFPO serves a written request for Old Growth to admit the truth of matters relating to the trial. Old Growth's admission in response is the equivalent of...

an admission in court

Dirt Machines Inc. files a suit in a state court against Earth Movers Inc., claiming that the defendant leased and failed to return a bulldozer. The case proceeds to trial, after which the court renders a verdict. If Earth Movers to, and files a brief with, a state appellate court, Dirt Machines's attorney may file within a prescribed period of time...

an answering brief

SPF Sunscreen Corporation and Taylor are to resolve their dispute through arbitration. The arbitrator's decision is called...

an award

Rachel is a state court judge. Salina appears in a case in Rachel's court, claiming that Tomas breached a contract. Possible remedies include​...

an award of damages to Salina

James and Kay enter into a contract for the sale of a bicycle, but Kay later refuses to deliver the goods. James asks a court to order Kay to perform as promised. Ordering a party to perform what was promised is​...

an equitable remedy

Corporate Security Company provides other firms with security services. Questions of what is ethical involved the extent to which Corporate Security has...

an ethical duty beyond those duties mandated by law

As a part of a hiring process, Codex Marketing Company conducts an Internet search to discover what a job candidate has posted. To Codex, this act should present...

an ethical issues

In a suit filed against Ian, Jenna obtains an injunction. This is...

an order to do or to refrain from doing a particular act

If Cornel and Deanna resolve their dispute by having a neutral third party render a binding decision, they will have used the method of...​

arbitration

Kevin is a judge hearing the case of Local Dispatch Co. v. National Transport Corp. Applying the relevant rule of law to the facts of the case requires Kevin to find previously decided cases that, in relation to the case under consideration, are​...

as similar as possible

Ryland, an officer for Sports Park, Inc., attempts to apply a duty-based approach to ethical reasoning in conflicts that occur on the job. This approach is based on the idea that a person must...

avoid unethical behavior regardless of the consequences

Invested Capital Corporation provides other firms with funds to expand operations. If Invested Capital strictly complies with existing laws, the firm's business ethics obligations will..

be partially met

Lacey files a civil suit against Mischa. To succeed, Lacey must prove her case...

by a preponderance of the evidence

Ricardo suspects his supervisor Simone of unethical accounting practices. But Ricardo does not want to report Simone if she will find out who reported her and fire Ricardo. An important feature of online reporting systems like EthicsPoint is that an employee reporting unethical behavior...

can do so anonymously

The Kentucky Supreme Court rules against Luther in a case against Motor Cars, Inc. Luther wants to appeal the case to the United States Supreme Court. Luther must ask the court to issue a writ of...

certiorari (cert)

The branch of law dealing with the enforcement of private rights and duties between parties is...

civil law

Creamy Dairy produces award-winning ice cream sold to wholesale distributors, retail sellers, and individual consumers in all 50 states. Its business is regulated by the UCC, which provides a set of rules governing....

commercial transactions

Destiny and Eduardo, investors in Competitive Acquisitions Corporation, are dissatisfied with the profit-maximization theory of corporate objectives. These investors and others who look beyond profits and dividends may consider the triple bottom line, which does not include a corporation's...

congressional lobbying activities

Metal Fabrication Inc. expends funds and takes steps to ensure that all employees are Sade on the job, that all products are safe for consumers, and that the environmental impact of the corporation is minimal. Metal's owners and management appear to believe in the concept of...

corporate social responsibility

Daniel files a suit against Ava, alleging that she failed to pay him for 2 months' labor at her Choice Cheese Factory. Ava denies the charge and claims that Daniel breached their contract to produce a certain quantity of cheeses and owes Ava damages for the breach. Ava's claim is a...

counterclaim

Sara brings a lawsuits against Tucci over a sale of 1,500 acres of ranch land. During the trial, Tucci's attorney asks questions of the plaintiff's witness Ulysses. This is...

cross-examination

Dave and Ellen enter into a contract via e-mail. When a dispute arises over the performance of the deal, Dave files a suit against Ellen. The emerging body of law that governs transactions conducted via the Internet is referred to by the term...

cyberlaw

In the early King's Court of England, a court of law could grand as a remedy only...

damages

As a judge, Baxter applies common law rules. These rules develop from...

decisions of the courts in legal disputes

GetTogether, A Social Media Company encourages its managers to behave ethically, reasoning that lower-level employees will take their cues from management. One of the most important ways to create and maintain an ethical workplace is for GetTogether's management to...

demonstrate a commitment to ethical decision making

All Bikes, Inc., a firm in Wisconsin, advertises on the Web. A court in Ohio would be most likely to exercise jurisdiction over All Bikes if the firm...

did a substantial business with Ohio residents over the Internet

Bibi brings a lawsuit against Cocteau over an allegedly defective shipment of machine parts. During the trial, Bibi's attorney asks questions of Bibi's witness Drummond. This is...

direct examination

Madison riles a complaint in a suit against Christopher, and he files an answer. This case may now be...

dismissed or settled

In Precise Paving Company's suit against Ride, Park, 'n Go, Inc., the jury returns a verdict in Precise Paving's favor. Precise Pavings Company will most likely ask the court to...

enter a judgement in accordance with the verdict

Karl and Lillian, who are citizens of Mississippi, are involved in a case related to the adoption of their child. Over this case, Mississippi states have....

exclusive jurisdiction

Millie and Noble dispute the quality of a set of patio furniture sold over the Internet. They agree to resolve their dispute in Come2Terms.com, an online forum. Like most online forums, Come2Terms.com applies​...

general, universal legal practices

Dawn files a suit in a state court against Entree Enterprises Inc., alleging the break of an employment contract. After a final determination in the case of Dawn v. Entree Enterprises Inc. in favor of Dawn, the judgement will be satisfied...

if Entree pays the judgement

Marty files a suit against Norah 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 an appellate court. After the highest state courts review of Marty v. Norah, a party can appeal the decision to the US Supreme Court...

if a federal question is involved

Distinguishing between legal and equitable remedies is...

important because the type of remedy available will depend on the type of harm suffered

Brewster, the chief executive officer of Cog & Gear Lubricants Corporation, wants to en¬sure that Cog & Gear's activities are legal and ethical. The best course for Brewster and Cog & Gear is to act...

in good faith

Hua, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jac, a resident of Kentucky. Jac files a suit against Hua in Indiana. Regarding this suit, Indiana has...

in rem jurisdiction

Renewable Resources Inc., files a lawsuit against Sunrich Utility Company and seeks to examine certain documents in Sunrich's possession. A legitimate reason for this examination is that the documents contain...

information that is relevant to the case

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

In the case of Retail Sales Corp. v. Trucking Delivery Co., the court may rule contrary to a precedent if the court decides that the precedent...

is incorrect of inapplicable

Martin Luther King, Jr. played a single role in the most significant social movement in the history of the US - the Civil Rights Movement. King has been chronicled in books and movies, and is featured on mementos, some of which are offered for sale by PriceMart Corp. Under the principles discussed in "A Sample Court Case," Rosa and Raymond Parks Insitutue for Self-Development v. Target Corp., PriceMart's sale of these items most likely...

is qualified privilege to communicate on matters of public interest

In Coastal Fishing Company's suit against Dockside Marina, Inc., the jury returns a verdict in Coastal's favor. Dockside files a motion stating that even if the evidence is viewed in the light most favorable of Coastal, a reasonable jury should not have found in its favor. This is a motion for...

judgement n.o.v

As a judge in a federal court, Elena 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

In attempting to maximize profits, executives and employees of Capital Solutions, Inc., and other corporations have to distinguish between short-run and long-run profit maximization. Business ethics is consistent only with...

long-run profit maximization

Housemate, Inc., makes and sells a variety of household products. With a fair amount of certainty, Housemate's decision makers can predict whether a given business action would be legal in...

many situations

The Montana Supreme Court rules against Natural Grocery Mart in a case against One Stop 2 Shop Stores, Inc. Natural Grocery asks the US Supreme Court to review the case. The court does not hear the case. This....

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

Salina files a suit against Tanner. 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 adopt. This is​...

mediation

An Oklahoma state court can exercise jurisdiction over Petro Resources Inc., an out-of-state company, if the firm has...

minimum contacts with the state

Daisy works for eMarketing, Inc. Her job includes putting "spin" on the firm's successes and failures. In this context, ethics has to do with how businesspersons, in making their decisions, apply...

moral and ethical principles

Sofia files a suit against Turista Airlines, Inc. Turista responds that it appears from the pleadings that the parties do not dispute the facts and the only question is how the law applies to those facts. Turista supports this response with witnesses' sworn statements. This is a...

motion for summary judgement

Mountain States Trucking wants to initiate a suit against Open Pit Mining Corporation by filing a complaint. The complaint should include a statement alleging the facts establishing...

mountains basis for relief

Liz and Moss disagree over the amount due under their contract. To avoid involving any third party in the resolution of their dispute, Liz and Moss might prefer to use the alternative dispute resolution method of​...

negotiation

The North Carolina state legislature enacts a law that violates the US Constitution. This law can be enforces by...

no one

In Hazel's suit against Ingrid, the court issues a judgment in Ingrid's favor. If the case is appealed to an appropriate court of appeals, the appellate court will hear...

none of the evidence

To resolve a dispute in nonbonding arbitration, Alyson in Baltimore and Chuck in Denver utilize E-Resolve, an online dispute resolution (ODR) service. This limited these parties; recourse to the courts...

not at all

David, an Alabama resident, files a suit in an Alabama court against QuickAds, an Internet company based in Georgia that provides advertising services. QuickAds's only contact with persons in Alabama has been through QuickAds's passive advertising. The Alabama court is...

not likely to have jurisdiction over the case because QuickAd is based in Georgia, and only passively advertises in Alabama

D'Antoni files a suit in a federal district court against Enya. D'Antoni loses the suit, appeals to the US Court of Appeals for the Ninth Circuit, and loses again. D'Antoni ask the US Supreme Court to hear the case. The Court is...

not required to hear the case

Pad, Pod & Phone Accessories LLC (3PA) makes "PacBacs," a famous brand of cases for electronic devices. Without 3PA's consent, Offshoot Rip-Offs Inc. begins to use "pacbacs" as part of a domain name. 3PA files a suit against ORO. Service of process for this suit must provide...

notice of the lawsuit

Major Construction & Manufacturing Corporation makes a side payment to a government official in India. Under the Foreign Corrupt Practices Act, this is permitted...

only if the payment is to a minor official whose duties are ministerial

Any decision by the management of Fast-Food Franchise Corporation may significantly affect its...

operators, owners, suppliers, the community, or society as a whole

Sour Dough Inc. and The Bread Company, agree to a contract that includes an arbitration clause. If a dispute arises, a court having jurisdiction may...

order a party to submit to arbitration

Steak n' Fries Restaurant Company's decision makers view a particular risk in the consumption of Steak n' Fries products as open and obvious. Continuing to market the products without explicitly telling consumers of the risk could be justifies from a perspective of...

outcome-based ethics

According to the view that Applied Engineering Corporation is a "citizen", the firm is expected to...

participate in bettering communities and society

Charles is a federal judge whose judicial decisions are part of case law, which does not include interpretations of...

parties' subjective motives for engaging in litigation

In business deals, Fiona, the chief executive officer of Glazed Donuts, Inc., follows duty-based ethical standards. These are most likely derived from...

philosophical reasoning

Carol files a suit against Andy in a state trial court and loses. Carol can...

plead her case before an appellate court

There are no precedents on which the court deciding the case Standard Resource Co. v. Topline Inventory, Inc., can base its decision. The court can consider, among other things,...

public policy or social values

Judge Bell decides that the precedent for the case she is hearing is no longer correct due to technological changes. She overturned the precedent when she decides the case. It is likely that her case will...

receive a great deal of publicity

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

In studying the business law, students also review ethics in a business context. Ethics includes the study of what constitutes...

right or wrong behavior

Ethical standards would most likely be considered violated if Team Logos Merchandising Corporation deals with a company in a developing nation that...

routinely violates labor and environmental standards

First Community Credit Union and General Hydraulics. Inc., have their dispute resolved in arbitration. Before determining the award, the arbitrator meets with First Community's representative to discuss the dispute without General Hydraulics' representative being present. If this meeting substantially prejudices General Hydraulics' rights, a court will most likely...

set aside any award

Service Employees International Union and Timberline Products, Inc., have their dispute resolved in arbitration. The arbitrator arbitrates issues that the parties did not agree o submit to arbitration. this is a ground for a court to...

set aside the award

Sforza files a suit against Thieu. If this suit is like most cases, it will be...

settled before a trial

Mediocrite Inc., makes and sells goods that are substandard. Naomi, who has never bought or used a Mediocrite item, files a suit against the firm, alleging that its products are defective. The company's best ground for dismissal of the suit is that Naomi does not have...

standing

Kent's witness Lois is not an expert in the matter about which she is being questioned. Lois can...

testify only about what she personally observed

Laredo loses his suit against McLain in a North Dakota state trial court. Laredo appeals to a state intermediate court of appeals and loses again. Laredo would appeal next to...

the North Dakota Supreme Court

A provision in the California state constitution conflicts with a provision in the U.S. Constitution. If challenged...

the US Constitution, not the state provision, will be enforced

Zoom In, Inc., is engaged in the business of coding, with an emphasis on Internet marketing, business apps, and intra-corporate networks. In all of Zoom In's business activities, it is subject to US laws and regulations The basis for all law in the US is...

the US constitution

Provident Medical Health Center asks its employees, many of which are members of the American Nurses Association, to apply the utilitarian theory of ethics. This theory dopes not require...

the acquiring of the means of production by workers

Tyler, a citizen of Utah, files a suit in a Utah state court against Veritas Sales Corporation, a Washington state company that does business in Utah. The court has original jurisdiction, which means that...

the case is being heard for the first time

Morgan and other executive officers of Regional Economic Development Associates, Inc., apply the utilitarian theory of ethics in business contexts. Utilitarianism focuses on...

the consequences of an action

Hope wants to file a suit against Gerry. For a court to hear the case...

the court must have jurisdiction

McHenry, a New York resident, files a suit in a New York state court against OneWorld Inc., a company based in California. OneWorld's only contact with McHenry is the company's app, which McHenry downloaded while traveling across the United States. According to the sliding-scale analysis, the factor most likely to confer jurisdiction on the New York court is...

the degree of interactivity via the app between McHenry and OneWorld

The Maine state legislature passes a law to regulate local delivery services. The final authority regarding the constitutionality of this law is...

the judicial system

Stephan wins his suit against Tidewater Boats, Inc. Tidewater's best ground for appeal is the trial court's interpretation of....

the law that applied to the issues in the case

Precision Engineering Inc., like other corporations, is subject to laws that are broad in their purpose and their scope. Compliance with these laws is not always sufficient to determine the "right" behavior because...

the laws does not codify all ethical requirements

In an action against Giana, Harry obtains a remedy. This is...

the legal means to recover a right or to redress a wrong

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

The Regional Counties Commission approves a new property tax measure, and the professors and students at State Law School publish the results of their most recent legal research Sources of law include...

the new property tax measure

The Appellate Division of the New York Supreme Court issues an opinion that can be found at 137 A.D.3d 409, 26 N.Y.S.3d 66. "137" is...

the number of the volume in the official reports of the court's decisions

Jack enter into a contract with Jill's Farm to provide water for Jill's irrigation needs. Jack fails to deliver. Jill initiates a suit against Jack, asking the court to order Jack to perform. Jill is...

the plaintiff

In making business decisions, Glenda, personnel manager for HVAC Maintenance, Inc., applies her belief that all persons have fundamental rights. This is...

the principle of rights

Farmers Pantry Products Inc. and Market Grocers LLC dispute a term in their contract. If Farmers Pantry and Market Grocers have a long-standing business relationship that they would like to continue, they may prefer to settle their dispute through mediation because...

the process is not as adversarial

Congress enacts a statue, the Federal Deposit Insurance Corporation (an administrative agency) issues rules, the Southeast financial Institutions Association (a private organization) issues instructions, South Valley Bank posts a memo with orders for its employees, and Tina tells her co-workers about a recent news story. Sources of law include...

the rules issues by federal administrative agencies

The Federal Trade Commission (FTC) is a government agency that issues rules, orders, and decisions. The Georgia state legislature enacts statutes. The Harrison County Board and the Island City Council enact ordinances. Administrative law includes....

the rules, orders, and decisions of the FTC

Mary works in the accounting department of New Trends Sales Company. Her job includes reviewing expense reports submitted by management and employees. In determining which expenses are "padding," Mary should apply to management...

the same ethical principles that apply to employees

During the trial phase of Sof' Drink Soda Corporation's suit against TimeOut Convenience Stores, Inc., their attorneys engage in voir dire. This is...

the selection of jurors

Ballpark Sportsfield, Inc., files a suit against Concessions & Tailgate Services. The document that informs Concessions & Tailgate that it must file an answer within a specified time period is...

the summons

Big Box Retail Stores, Inc., fires its employee Craig for criticizing his manager Daria in posts on social media forums. According to the National Labor Relations Board, this discharge is...

the violation of federal labor law

In a suit against Olive, Pimento obtains damages. In the U.S. legal system, this remedy at law is...

usual

In making decisions for Commercial Janitorial & Maintenance Services, Inc., Isaiah uses a cost-benefit analysis. This analysis is part of...

utilitarianism

Julie is sales manager for Kelso's Concrete & Stone Products, Inc. In applying ethical principles to the business of the firm, Kelso's and Julie will most likely evaluate...

what duties and responsibilities should exist for the business

Sweet Lemonade, Inc., disputes the use of "sweet-lemonade.come" as a domain name by Sweet Citrus Beverages, Ltd., and files a suit to resolve the dispute. Service of process must be by....

whatever means is reasonably calculated to do the job, as long as it is provided for in the Rules of Civil Procedure

Lucas is a corporate officer for Micro Manufacturing Company. Ethical dilemmas that Lucas is not likely to encounter include deciding...

whether to provide federally mandated family medical leave to employees

SuperMeds Corporation develops a new drug that controls severe acne. The drug is not approved by the government for sale in the United States because one of its ingredients is a banned chemical. This chemical is not banned in Mexico. Whether it is ethical for SuperMeds to sell the drug in Mexico depends on...

which ethical standards are applied

Under the "stakeholder view" or corporate social responsibility, the most difficult aspect of the stakeholder analysis faced by the management of Natural Gas Piping Corporation is determining....

which group's interest should receive greater weight

Criminal law is concerned with...

wrongs committed against the public as a whole