Management 217

Discovery can impose significant costs on businesses, making them more likely to:

settle out of court

The part of the Constitution that gives Congress the authority to make laws to carry out power granted to Congress in the Constitution is the: a) Necessary and Proper Clause b) Contrast Clause c) Takings Clause d) Commerce Clause e) Due Process Clause

a) Necessary and Proper Clause

When a state court hears a case involving incidents that took place in more than one state or entirely in a different state a _______ problem may arise. a) conflict-of-law b) none of the other choices are correct c) conflict-of-court d) conflict-of-state e) conflict-of-jurisdiction

a) conflict-of-law

Res Judicata means: a) none of the other choices b) the law has spoken c) justice has been done d) let justice be done e) the justice of the judge

a) none of the choices are correct

Besides having subject-matter jurisdiction over a case, the court must also have: a) none of the other choices are correct b) personal service jurisdiction c) court jurisdiction d) plaintiff jurisdiction e) substituted service jurisdiction

a) none of the other choices are correct

For a person to be found guilty under a criminal statute, the jury must find the evidence presented demonstrates: a) none of the other choices are correct b) res ipsa loquitur by the defendant c) by a preponderance of the evidence that the person committed the crimes d) more than a modicum of doubt exists that the person committed the crime e) beyond all reasonable doubt that the person committed the crime

a) none of the other choices are correct

The part of the Constitution that probably has the largest impact on business is known as: a) the Commerce Clause b) the Federal Supremacy Clause c) the Matters of Interest Clause d) the Equal Protection Clause e) the Business Clause

a) the Commerce Clause

In Erie Railroad v. Tompkins, where Tompkins was hit by a New York train while in Pennsylvania, regarding the application of common law in a diversity of citizenship case in federal district court, the Supreme Court decided that: a) the common law of the appropriate state must be applied in cases in federal courts b) federal courts must follow procedural law of the state in which it is located c) federal courts must follow federal common law in all disputes before them d) federal courts may apply either state or federal common law to resolve a case before it e) none of the other choices are correct

a) the common law of the appropriate state must be applied in cases in federal courts.

A request for admissions means parties agree to accept certain facts as true and not require them to be proven in court. a) true b) false

a) true

Judges are protected from damages caused by bad decisions they make on the bench by judicial immunity. a) true b) false

a) true

The rule that evidence gathered in violation of the Fourth Amendment may not be used in prosecution is known as the exclusionary rule. a) true b) false

a) true

When parties agree to resolve a dispute by arbitration they rely on an arbitrator. An arbitrator is usually: a) a competitor of both parties b) a neutral expert in the field who may or may not be an attorney c) a judge who has experience in small claims court d) an attorney who knows nothing about the issues in the matter and is unbiased e) a management representative of one side to the dispute

b) a neutral expert in the field who may or may not be an attorney

Many studies find that there is a strong relationship between: a) a well-functioning legal system and the birth rate b) a well functioning legal system and the level of economic development c) the level of corruption and life expectancy d) none of the other choices e) a well-functioning legal system and the number of prisons

b) a well-functioning legal system and the level of economic development

States may pass regulations that: a) in contradiction to federal regulations b) are stricter than federal regulations c) none of the other choices are correct d) less strict than federal regulations e) all of the other specific choices are correct

b) are stricter than federal regulations

State courts such as municipal courts or probate courts are called courts of: a) general jurisdiction b) limited jurisdiction c) small claims d) none of the other choices are correct e) appellate jurisdiction

b) limited jurisdiction

Because of in rem jurisdiction, if Illinois resident Andy sues Alabama resident Carol over a Illinois property dispute and Carol refuses to respond, the Illinois court may: a) not decide who the rightful owner is because it lacks personal jurisdiction over Carol b) none of the other choices are correct c) not decided who the rightful owner is because it lacks personal jurisdiction over Alabama d) not decided who the rightful owner is because it lacks relative jurisdiction over Carol e) decide who the rightful owner is because Illinois and Alabama have a special agreement

b) none of the other choices are correct

Statutory law is: a) a rule declared by the Supreme Court b) none of the other choices are correct c) the separation of powers at the federal level d) a form of common law e) also known as the fundamental law of the nation

b) none of the other choices are correct

The formal statements made to the court by the parties to a case that list their claims and defenses are called: a) services b) pleadings c) statements of reason d) statements of defense e) jurisdictions

b) pleadings

It would be ________ for a state to impose a tax that provided a direct commercial advantage to local business. a) moral b) unconstitutional c) constitutional d) legal, but immoral e) immoral

b) unconstitutional

Criminal law: a) concerns legal wrongs or crimes committed against businesses b) concerns the government c) concerns legal wrongs or crimes against the state d) concerns sales e) concerns contracts

c) concerns legal wrongs or crimes committed against the state

Federal trial courts are called: a) none of the other choices are correct b) claims court c) district courts d) municipal courts e) superior courts

c) district courts

In Southern Pacific v. Arizona, concerning whether Arizona could, for safety considerations, require trains traveling through the state be a shorter length than trains traveling through other states. The Supreme Court held that the Arizona law was: a) valid because it concerned a legitimate state interest to improve transportation safety b) valid because it did not conflict with federal standards c) invalid because it impeded interstate commerce d) none of the other choices e) valid because Congress had not passed legislation dealing with the length of trains

c) invalid because it impeded interstate commerce

A long-arm statute is a: a) state law that allows plaintiffs to force defendants to come to a state for purpose of serving process b) federal law to allow regulatory agencies to sue foreign businesses in federal court c) state law that permits its court to reach beyond state lines for jurisdiction over non-residents defendants d) none of the other choices are correct e) federal law that allows plaintiffs to force defendants to come to the U.S. for purposes of serving process

c) state law that permits its court to reach beyond state lines for jurisdiction over non-residents defendants

The federal court system is a(n) __________ system: a) legislative b) one-level c) three-level d) four-level e) executive

c) three-level

In addition to raising revenue to pay for government services, taxes: a) none of the other choices are correct b) can lead to efficient production c) can influence Supreme Court Justices d) can influence politicians e) can deter certain behaviors

can deter certain behaviors

Wickard v. Filburn concerned the ability of Congress to impose controls on wheat growing, including a farm that produced a small amount of wheat for use on the farm. The Supreme Court held that the controls were:

constitutional; while one farmer made no difference, all small farmers together could impact the wheat market

The judiciary: a) reviews actions taken by the executive branch b) interprets laws enacted by legislative bodies c) contributes to the development of the common law d) all of the other choices are possible e) enforces laws enacted by legislative bodies

d) all of the other choices are possible

Sworn testimony, outside of the courtroom, of a witness recorded by a court official is a: a) request for admission b) discovery testimonial c) production of testimony d) deposition e) demurrer of oath

d) deposition

Foreign commerce: a) may be subject to discriminatory state taxes b) may only be subject to discriminatory state taxes if it adds jobs to the U.S. job market c) none of the other choices are correct d) may not be subject to discriminatory state taxes e) is heavily regulated by state taxes

d) may not be subject to discriminatory state taxes

As the highest legal authority, the United States Constitution: a) none of the other choices is correct b) is unwritten c) overrides any federal, but not state, laws that go beyond what the Constitution permits d) overrides any state or federal laws that go beyond what the Constitution permits e) overrides any state, but not federal, laws that go beyond what the Constitution permits

d) overrides any state or federal laws that go beyond what the Constitution permits

Which is the correct order of stages for a typical lawsuit: a) pleadings, pretrial, discovery, trial, appeals b) discovery, pretrial, trial, pleadings, appeals c) pretrial, pleadings, discovery, trial appeals d) pleadings, discovery, pretrial, trial, appeals e) discovery, pleadings, pretrial, trial, appeals

d) pleadings, discovery, pretrial, trial, appeals

Ellen contracts with James to be her stockbroker, making stock trades for Ellen's account. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating "that in case of any disputes arising out of this contract; the dispute shall be arbitrated using the rules of the New York Stock Exchange" Ellen learns that since signing her contract with James, he has routinely been making trades worth more than $20,000 without her permission, and losing money. Refer to Fact Pattern 3-2. If Ellen and James were to mediate their dispute, rather than arbitrate (assume this is ok), what would they need to do? a) prepare a brief for consideration of a panel b) present their dispute to a court c) get a court to select an arbitrator d) select a mutually agreed upon mediator e) nothing besides sitting down together

d) select a mutually agreed upon mediator

The separation of powers is: a) the division of power within a state legislatures b) the division of the power of the president and the power of the vice president c) the law of the land d) the division in government powers as established by the Constitution e) the division of executive privileges

d) the division in government powers as established by the Constitution

The Federal Rules of Civil Procedure govern: a) how many judges may serve in a given court b) none of the other choices are correct c) where the Supreme Court has jurisdiction d) the procedures of the litigation process and relevant motions e) how long judges can serve

d) the procedures of the litigation process and relevant motions

The doctrine of stare decisis can be defined as: a) a private or civil wrong that results in injury to another b) none of the other choices are correct c) decisions concerning legal wrongs or crimes committed against society d) the use of prior case decisions as guidance in resolving later disputes e) laws setting forth rules for relationships between people

d) the use of prior case decisions as guidance in resolving later disputes

The Klan Motel is one of twenty motels in town but the only one that refuses to rent rooms to non-whites. Congress holds that motels may not discriminate on the basis of race. The Klan Motel challenges the regulation as it applies to that motel. The owner will: a) win; a motel is a place of private, not public, accommodations b) lose; all forms of racial discrimination are forbidden by the Commerce Clause c) win; so long as there are plenty of motels available, there is no significant effect on interstate commerce by such discrimination. d) lose if the state in which the motel is located has passed a similar law to apply to motels e) lose; Congress may regulate such local businesses

e) lose; Congress may regulate such local businesses

Congress passes a law that employers must give employees up to 12 weeks unpaid leave to attend to family matters. The Virginia legislature decides that this is not enough and passes a law that requires employers in Virginia to provide 16 weeks unpaid leave. This law is likely: a) unconstitutional because its terms are different from those of the federal law b) unconstitutional because employee relations is a strictly federal area of concern c) unconstitutional because it invades the police power of the federal government d) constitutional because states may regulate businesses in their borders in whatever manner they think appropriate e) none of the other choices

e) none of the other choices

Service of process (summons) is traditionally achieved by: a) service in absentia b) long-arm statute c) publication d) substituted service e) personal service

e) personal service

The U.S. Constitution creates: a) none of the other choices are in the Constitution b) the rights of citizens c) stare decisis d) informal law e) the executive branch of government

e) the executive branch of government

Common law is: a) the law that the legislature must follow b) the law that everyday citizens, but not government officials, must follow c) none of the other choices d) the law generally applied world wide e) the original or oldest source of law in the United States

e) the original or oldest source of law in the United States

Forum non conveniens (the forum is not suitable) is a doctrine used by judges to: a) dismiss either civil or criminal cases b) dismiss civil but not criminal cases c) dismiss criminal but not civil cases d) transfer foreign defendants to their home countries e) transfer cases to another court

e) transfer cases to another court

The U.S. Constitution created these branches of federal government:

executive, legislature, and judicial

Katzenbach v. McClung involved a restaurant that served food to black customers only at take-out windows. White customers would be seated. Supreme Court held that the:

none of the other choices are correct

Voir Dire is:

the process used to select jury members