Business Law l: Chapter 3, LAW MIDTERM (CH3), Claw 301 study guide, BUSA 310 exam 1, Business Law - Cengage CH.2, Business law - Chapter 3, BUA 220 Exam 1, Quiz 2 (ch 2 +3), Business Law, Chap 1 Quiz, BLaw Ch. 3 Quiz, BUSI 2371 Exam 1, Chp 1-3, Busin...

Posy brings a lawsuit against Quisa over a sale of 350 acres of farmland. During the trial, Quisa's attorney asks questions of the plaintiff's witness Raina. This is...

A cross-examination

Which of the following does the Supreme Court have to issue before it hears a case?

A writ of certiorari.

Martin files a suit against Nichelle in a state court over payment due on a short-term employment contract. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. Refer to Fact Pattern 3-B2. After its review of Martin v. Nichelle, the appellate court upholds the lower court's verdict. The appellate court has...

Affirmed the case

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

By a preponderance of the evidence

Quest Inc., a U.S. 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 United States, or both

Jessie, an employee of Kim's Restaurant, believes that her employer has violated her rights in the workplace. Larson argues that a Metro City government agency has imposed a ordinance that violates his rights under the U.S. Constitution. The branch of law dealing with the definition and enforcement of all private or public rights is​

Civil Law

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

Destiny and Enzo engage in a business transaction for the creation and baking of a cake and other pastries and desserts for Destiny's wedding dinner and reception. When a dispute arises, Destiny initiates a lawsuit against Enzo by filing a complaint. Refer to Fact Pattern 3-B1. If Enzo files a motion to dismiss, he is asserting that...

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

Destiny and Enzo engage in a business transaction for the creation and baking of a cake and other pastries and desserts for Destiny's wedding dinner and reception. When a dispute arises, Destiny initiates a lawsuit against Enzo by filing a complaint. Refer to Fact Pattern 3-B1. If Enzo files a motion to dismiss, and the court grants it...

Destiny will be given time to file an amended complaint

In selecting a mediator what should you consider? a) Do they know the jurisdiction b) Do they have knowledge of the lawsuit c) Are they cheap d) Will they travel to your home city to mediate

Do they know the jurisdiction?

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

Enter a judgment in accordance with the verdict

Destiny and Enzo engage in a business transaction for the creation and baking of a cake and other pastries and desserts for Destiny's wedding dinner and reception. When a dispute arises, Destiny initiates a lawsuit against Enzo by filing a complaint. Refer to Fact Pattern 3-B1. If Enzo files a motion to dismiss, and the court denies it...

Enzo will be given time to file another response

Federal Judges are appointed by which branch of government? a) Executive b) Legislative c) Judiciary

Executive

It is guaranteed that any judgment will be enforceable.

FALSE

Procedural law does not have a significant impact on a person's ability to pursue a legal claim.

FALSE

The litigation process has three phases: filing, answering, and appealing.

FALSE

A jury's good sense and careful consideration of consequences is known as jurisprudence.​

False

A law that has any impact on religion is unconstitutional.

False

Criminal acts are prohibited only by federal government statutes.​

False

In most states, the courts no longer grant "equitable" remedies.​

False

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

False

No court offers mediation as an option before a case goes to trial

False

The Fifth Amendment prohibits unreasonable searches and seizures of persons or property.

False

The rights secured by the Bill of Rights are absolute.

False

Under the Constitution, the judicial branch makes the laws.

False

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

False, default judgements refer to the defendant not showing up and that has nothing to do with the facts.

A motion for a new trial will be granted only if the trial judge feels that it is appropriate to grant a judgement for the other side.

False, judge has already found you guilty or not. They cannot decide you appeal to a higher court.

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

False, refers to the art/science of selecting juries.

Martin files a suit against Nichelle in a state court over payment due on a short-term employment contract. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. Refer to Fact Pattern 3-B2. After a final determination in the case of Martin v. Nichelle, any judgment will be satisfied...

If the losing party pays the judgment

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

A plaintiff's action against a defendant commences when her lawyer files a complaint with the clerk of the appropriate court. Complaints can be lengthy or brief, depending on the complexity of the case and the rules of the jurisdiction. The complaint contains statements or allegations concerning the following

Jurisdiction, Legal theory and Remedy

The power of judicial review has remained unchallenged since which Supreme Court decision?

Marbury v. Madison

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

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

Mountain's basis for relief

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 Web site activities.

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. In this case, the Alabama court most likely

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

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

Olina will have a default judgment entered against her

What should always happen before a mediation takes place? a) Plaintiff makes a demand b) Discovery takes place c) Pre-trial conference should be held d) Suit should be filed

Plantiff makes a demand

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

TRUE

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...

Tends to disprove a fact in question, tends to prove a fact in question and establishes the degree of probability of a fact or action.

The Supremacy Clause of the U.S. Constitution establishes a) And Grants the original colonies supreme power as to the other 37 states and U.S. territories b) Allows the federal government to enact any law it chooses c) The U.S. Constitution and federal laws and treatises as supreme law of U.S. d) None of the above

The U.S Constitution and federal laws and treatises as supreme law of U.S.

The First Amendment prevents limits from being placed on independent political expenditures by corporations.

True

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

True

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

True

Any state law that is contradictory to a federal law is: a) Valid within the boundaries of the state where enacted b) Good if it promotes solely a state interests c) Unconstitutional d) Valid if in one of the original 13 colonies

Unconstitutional

West Virginia has an influx of former residents of Ohio. We all know they drive in the wrong lane of the interstate highway. WV passes a law restricting anyone who used to live in Ohio from obtaining a license to drive in WV. This law is: a) A really good one! b) Unconstitutional because it restricts freedom of movement c) Unconstitutional because it violates the 14th Amendment. d) Constitutional because it does not discriminate due to race, sex, religion, etc.

Unconstitutional because it violates the 14th amendment

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

Wyoming only

New Cuisine Cafe files a suit in a state court against Olive Oil Inc., alleging a breach of contract. The case proceeds to trial, after which the court renders a verdict. If New Cuisine decides to appeal to a state appellate court, its attorney must file, with the clerk of the appellate court, within a prescribed period of time

a copy of the record on appeal

Testimony by a party to the lawsuit or by any witness, recorded by an authorised court official, where a person gives testimony and answers questions asked by the attorney's from both sides and the questions and answers are recorded, sworn to, and signed is termed

a deposition

To prepare for a trial between Fones, Inc., and G-Bytes Company, G-Bytes's attorney places Fones'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 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

Felicity wants her suit against Godwin to be a federal case. A federal case originates in a. a federal court of appeal. b. a federal administrative agency. c. a federal district court. d. a state's highest court.

a federal district court.

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 seek to appeal the decision to the US Supreme Court if

a federal question is involved

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 judgment as matter of law

Pad, pod, and phone makes "pacbacs" a famous brand of cases for electronics. Without their consent, offshoot rip begins to use "pacbacs" as part of a domain name. 3pa files a suit against oro. Service of process for this suit must provide

a medium for offshoot to respond

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 'n Fast is not liable. This is

a motion to dismiss

In fuel injection products & services corporation's suit against Gears & cylinders Inc., the jury returns a verdict in fuel injections 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

Café espresso is a coffee shop subject to the laws of Illinois. In Illinois, the highest ranking (superior) law is

a provision in the Illinois constitution

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 juridiction

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 . This 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 an appellate court. The difference between a trial and an appellate court is whether

a trial is being held

Persons who favor the creation of a federal biotech agency to regulate the production of genetically modified agricultural and animal products should concentrate their lobbying efforts on..

a. Congress

Reality Financial Corporation, a US firm, files a suit against Switzerland in a US court. Switzerland claims foreign sovereign immunity. Under the Foreign Sovereign Immunities act

a. Reality Financial must show that Switzerland is not entitled to sovereign immunity

Much of american law is based on...

a. The English Legal system

Optima Medico Corporation, a US firm, signs a contract with Pharma Beneficial, Ltd. a Canadian firm, to give Pharma the right to sell Optima's products in Canada. This is...

a. a distribution agreement

The Occupational Safety and Health Administration (OSHA) discovers that Petro Refinery, Inc., is violating an OSHAS regulation. If this situation is resolved like most such disputes, the outcome will be

a. a negotiated settlement

The functions of the National Transportation Safety board, like those of other federal administrative agencies include

a. adjudication

In reviewing the actions of the US Bureau of Land Management and other federal agencies, the courts...

a. are usually reluctant to review questions of fact

HoneyBee Foods, Inc., in Illinois and Jelly Roll Pastries in Kentucky consent to have their dispute resolved in arbitration according to the law of Illinois. This is a ground for a court to

a. compel arbitration

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...

a. demonstrate a commitment to ethical decision making

Kimberly, the owner of Littleton Cinema, trusts Max to manage the theater's daily cash flow. One night, without Kimberly's knowledge or consent, Max takes and keeps $1000 from the receipts. This is most likely...

a. embezzelment

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. The diversity of citizenship between these parties means that

a. federal and state courts have concurrent jurisdiction

Laird is an employee of Motor Parts, an auto parts store. On the orders of his employer, he switches trademarks on parts that come into the store to be sold to consumers. This is most likely

a. forgery

Juan is a judge. How Juan and the judges in other courts interpret a particular statute determines

a. how the statute will be applied

Skip is accused of a crime. Skip can refuse to provide information about his allegedly criminal activities...

a. if he suspects the information will be used to prosecute him

Morsels Restaurant Inc., and Nature Foods Corporation dispute a term in their contract. Oona, a third party, resolves the dispute between Morsels and Nature. In most states, Oona must issue an award or decision in writing...

a. if the resolution is involved in arbitration

Petro Refining Corporation makes payments to potential customers, suppliers, and others with whom they might do business, including foreign private companies and the representatives of foreign labor organizations. If Petro knows that these payments will be passed on to a foreign government, this practice is..

a. illegal if the payments violate the Foreign Corrupt Practices Act

The US Fish & Wildlife Service discovers that Grosse Farm fisheries, Inc. has violated a federal regulation. If no negotiated settlement can be reached, the agency will most likely

a. issue a formal complaint against Grosse Farm

Leslie commits an act via e-mail against Money Investment Company, a business in New York, where the act is a cyber crime. Leslie resides in Ohio, where the act is not a crime. Prosecution of Leslie in NY involves questions of

a. jurisdiction

To Sam, the written law of a particular society at a particular time is most significant. Sam is a

a. legal positivist

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

a. no one

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

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

Marie claims that a Nebraska state statute infringes on her "procedural due process" rights. This claim focuses on

a. procedures used in making decisions to take life, liberty, or property.

The basis for India to give effect to the laws and court decisions of the US is primarily

a. respect and courtesy

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

a. right or wrong behavior

Maggie and Nate enter into a contract for the sale of a car, but Nate later refuses to deliver the car. Maggie asks a court to order Nate to perform as promised. Ordering a party to perform what was promised is

a. specific performance

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 United States laws and regulations. The basis for all law in the U.S. is

a. the U.S. Constitution.

Global Marketing Inc, a US firm owns property in Honduras. The government in Honduras takes Global Marketing's property without paying for it. A US court will probably not examine the validity of this act committed by Honduras within its own territory, under

a. the act of state doctrine

Operational Processes, Inc., appeals a decision against it, in favor of Precision Manufacturing Corporation, from a lower court to a higher court, Operational Processes is ....

a. the appellant

State and federal transportation agencies may issue regulations that conflict. When a state regulation conflicts with a federal regulation

a. the federal regulation takes precedence

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 "right" behavior because

a. the law does not codify all ethical requirements.

The Nebraska Supreme Court issues an opinion that can be found at 285 Neb. 88, 825 N.W.2d.429. "285" is...

a. the number of the volume in the official reports of the courts decisions

Jane enters into a contract with Jill to provide 100 roses for a dinner party. Jill fails to deliver the roses. Jane initiates a suit against Jill, asking the court to order Jill to refund Jane's payment. Jane is..

a. the plaintiff

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. the statute of limitations

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

a. what duties and responsibilities should exist for the business.

National Hospital Organization (NHO), a political lobbying group, wants a certain healthcare cost-reimbursement policy enacted into law. If NHO's policy conflicts with the U.S. Constitution, a law embodying it can be imposed by a. ​none of the choices. b. ​Congress. c. ​the President. d. ​a federal court.

a. ​none of the choices.

Brick & Mortar Construction & Masonry Corporation's ethics committee is asked a question: Should the firm bid low to obtain a contract that it knows it 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 County Zoning Commission, the California Environmental Quality Agency, and the U.S. Bureau of Land Management issue regulations. These rules constitute​

administrative law.

Bull files a suit against Clay in a state court over payment due on 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 verdict. The appellate court has

affirmed the case

What is the primary protection of the 5th Amendment to the United States Constitution? a) Against self-incrimination b) Right to vote c) Freedom of speech

against self- incrimination

Which of the following is not required to establish standing in order to bring a lawsuit to court?

all individuals involved in the lawsuit must have retained suitable legal counsel

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

all of the choices.

A mediation could result in the following... a) An apology b) Money changing hands c) An agreement to not trespass on property d) All the above

all the above

A reason to use an Alternative Dispute Resolution is ... a) Cheaper b) More certain c) You have more control of the process d) All the above

all the above

I should mediate a case prior to filing a lawsuit because ... a) There are facts the other side doesn't know b) Cost c) I don't want to testify at trial d) All the above

all the above

What rules govern an arbitration a) civil procedure b) contract c) Agreed to the rules d) all the above

all the above

Deb and Earl are involved in a lawsuit. This is

an action.

In a suit by National Forest Preservation Organisation against Old Growth Logging, 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

an admission in court

Typically, a defendant's response to a complaint takes the form of a(n):

an answer

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 and taylor agree to resolve their dispute through arbitration. The arbitrator's decision is called

an award

Check My Work (No more tries available) 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

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

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 involve the extent to which Corporate Security has

an ethical duty beyond those duties mandated by law.

As 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 issue.

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

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

Congress enacts the Ad Restriction Act (ARA) to limit advertising in certain circumstances. The ARA will be considered valid if it directly advances a substantial government interest

and goes no further than necessary to achieve its purpose

Savers Mart, Inc., distributes its merchandise to retail outlets on an interstate basis. Under the commerce clause, Congress has the power to regulate

any commercial activity in the United States

Under the commerce clause, Congress has the power to regulate

any commercial activity in the United States that substantially affects interstate commerce.

Fresh Pantry Products Inc. and Market Grocers LLC are having a dispute over a term in their contract. If Fresh Pantry and Market Grocers resolve their dispute by having a neutral third party render a binding decision, they will have used the method of a. arbitration. b. intervention. c. mediation. d. conciliation.

arbitration

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.

A mediation has taken place, the parties are only $5,000.00 apart in a multi-million dollar case. The Court wants to know the status of settlement talks...the court can... a) Require the mediator to disclose the status of mediation b) Order mediation to continue c) Ask the parties d) b and c only

b and c only

Mont Blanc S.A. a French firm, imports its goods into the US and offers those goods for sale at "less than fair value" Fair value is the price of Mont Blanc's goods in...

b. France

Ajay sells "Bulk Up" steroids over the internet. He is arrested and charged with the sale of a controlled substance. This is cyber crime, which is...

b. a crime that occurs in the virtual community on the internet

Congress enables the EPA to regulate air and water pollution. This congressional act is

b. a delegation of legislative power

O'Reilly files a suit against Petrarch. They 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

b. a summary jury trial

UniVision Corporation, a US company, sets up a firm in Vietnam. Univision remains in the US and retains ownership of the Vietnamese branch as well as authority & control over all phases of the operation. This is...

b. a wholly owned subsididary

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

b. affects the rights of others

Lowell runs Medical Debt Collection Agency. He collects debts by misrepresenting the facts and pretending to be licensed to perform various occupations. Lowell's conduct most likely warrants

b. an injunction plus other sanctions

Karen 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 Karen to find cases on point--previously decided cases that, in relation to the case under consideration, are...

b. as similar as possible

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

b. certiorari

Marcus files a suit against Naomi in an Ohio state court. Naomi's only connection to Ohio is an ad on the Web originating in Pennsylvania. For Ohio to exercise Jurisdiction, the issue is whether Naomi, through her ad, has...

b. conducted substantial business with Ohio residents

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

b. corporate social responsibility

The US Food and Safety Inspection Service conducts searches of certain businesses. This agency and other administrative agencies can conduct warrantless searches in..

b. highly regulated industries

Posing as Platinum Bank, Quentin e-mails Rachel, asking her to update her personal banking information through a link in the e-mail. She clicks on the link and types in the data, which Quentin promptly sells to Spence. This is...

b. identity theft

Owen uses the Internet to defraud Prairie Valley Credit Union. He is found guilty of wire fraud. He can be punished by

b. imprisonment for up to 30 years and fines up to $1 million

Selena's Fajitas, a fast food outfit, files a suit against the state of Texas, claiming that a TX state law violates the commerce clause. The court will agree if the statute imposes a substantial burden on

b. interstate commerce

Desdemona works for e-Innovation, 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

b. moral and ethical principles

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

b. moral and ethical principles.

Reno, driving while intoxicated, causes a car accident that results in the death of Santo. Reno is arrested and charged with a felony. A felony is a crime punishable by death or imprisonment for..

b. more than one year

Lewis wants to file a suit against Mikayla. Before any court can hear the case

b. the court must have jurisdiction

In an effort to reduce traffic, Bay City 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

b. the equal protection clause

The Long-haul Truckers Association wants the federal government to spend funds to build a new highway. Congress can spend revenues

b. to promote any objective it deems worthwhile

Yokio Ltd., and Zeno, S.A., transact an international sale of goods. At the request of these parties, a court in Portugal resolves a dispute between them. A US court will most likely honor the judgment...

b.. if it is consistent with Portuguese laws & public policy

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

Transcontinental Tours, a US firm, and Victoria Hotels, Ltd. a Canadian firm, enter into a contract that does not have a forum-selection or choice of law clause. Litigation between Transcontinental and Victoria over a dispute involving this contract occur in

c. Canada, the US, or both

The government of Korea sets a limit on the amount of rice that can be imported from the US. This is

c. a quota

Eartha receives from Fergie a guitar stolen from Harper. To be criminally liable, Eartha must

c. know the guitar is stolen

Milo files a suit against Otis. At the trial, each party's attorney presents the party's case before a judge who hears the dispute and renders a legally binding decision. This is

c. litigation

Donatello files a suit against Erasmus. Before going to trial, the parties meet, with their attorneys to represent them, to try to resolve their dispute without the involvement of a third party. This is

c. negotiation

Dynamic Oil Corporation, a US firm, owns property in Ecuador. When the government of Ecuador seizes the property, Dynamic Oil asks a US court to order the property's return. The court rules that Ecuador is exempt from the court's jurisdiction. This is

c. the doctrine of sovereign immunity

Grid Tool & Hardware Company is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, Grid Tools wants a court to review it. First, however, the firm must use all of the potential administrative remedies. This is

c. the exhaustion doctrine

Suisse Internationale, a Swiss maker of athletic equipment, enters into a price fixing agreement with Total World Sports, a US wholesaler of Suisse's products. US Courts will apply US antitrust laws if ...

c. the price fixing has a substantial effect on US commerce

Bean House Coffees and Java Distributors Inc, have a long standing business relationship that they would like to continue. For this reason, they may prefer to settle any dispute between them through facilitation because

c. the process is not adversarial

Gem programs software to prompt a computer to continually crash and reboot. Gem intends to install this program on various companies' computer systems without the companies knowledge. The program can reproduce itself, but must be attached to a host file to travel form one computer network to another. This program is a

c. virus

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

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 fifty states. The UCC provides a set of rules governing

commercial transactions.

Which is a type of law? a) Common b) Statute c) University Policies d) All of the above

common

Adult Shop in Bay City sells a variety of publications, including child pornography. Bay City enacts an ordinance prohibiting the sale of such materials. This ordinance is most likely

constitutional under the First Amendment

serena city enacts an ordinance that bans the use of "sound amplifying systems" on public streets. Tyler wants to campaign for a seat on the city council by broadcasting his message through speakers mounted on a truck. In tylers suit against the city, a court would likely hold the ordinance to be

constitutional under the first amendment

Daniel files a suit against Ava, alleging that she failed to pay him for two 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 lawsuit against Tucci over a sale of 1,500 acres of ranchland. During the trial, Tucci's attorney asks questions of the plaintiff's witness. This is a

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

The US Patent & Trademark Office wants to review certain records of Omni App Corporation. The USPTO can legitimately gain access to the records through

d. Omni App's voluntary compliance

Closed meetings of the NSA and other federal administrative agencies are permitted...

d. all of the choices

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

d. congressional lobbying activities.

Big Deal! Marketing Company, a US firm, signs a contract with Comercio Exterior, Ltd. a Chilean firm, to give Comercio the right to use Big Deal!'s animation techniques and characters in product promotions. This is a

d. licensing

Fresh Meds, inc, a US firm, contracts with Gong Lt., a Hong Kong firm, allowing Gong to use and profit from Fresh Meds' patented products. This is...

d. licensing

The least expensive method of resolving a dispute between Ronald and Sharon may be

d. negotiation because no third parties are needed

Discount Mart Corporation contracts with companies in developing nations to produce goods, because the wage rates in those nations are significantly lower than those in the US. Discount Mart takes steps to avoid bad publicity by monitoring its suppliers' workplaces to make sure that the employees are not mistreated. Discount Mart

d. not acting unethically

Transnational Corporation and United Shipping Inc., agree to a contract that includes an arbitration clause. If a dispute arises, a court having jurisdiction may...

d. order a party to submit to arbitration

Secure Investments, Inc, a US firm, expands into international markets through a joint venture. In this situation, Secure Investments owns

d. part of the operation

Klay arrests Leonida on suspicion of embezzlement. According to the US Supreme Court in Case 7.3, Miranda v. Arizona, Leonida must be apprised of certain constitutional rights

d. prior to any police interrogation

Congresswoman Smith and other politicians want to prohibit the import of certain genetically modified agricultural products that they believe may pose a danger to domestic crops. With respect to these products' import, Congress can

d. prohibit the imports

The government of North Korea violates an international law. Persuasive tactics to remedy the situation fail. The only recourse of other nations is to

d. take coercive action-sever relations, impose boycotts, go to war

Michael, a citizen of Ireland, and Nina a citizen of the US, enter into a contract. When Nina breaches the contract, Michael obtains an award of damages in an Irish court. He asks a US court to enforce the award. The US court defers to and enforces the Irish court's decree. This is

d. the principle of comity

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

d. the summons

Green Hybrid Auto Corporation pays its executives an excessive amount relative to what lower level employees at the company receive and to what executives at competitive companies are paid. Green Hybrid's pay scale is most likely to be challenged as

d. unethical

Maxi Retail Corporation is subject to a decision by the National Labor Relations Board. Maxi Retail appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision

d. was plainly contrary to the evidence

Chaz uses his computer to secretly install software on thousands of personal computers without their owners' knowledge. The program can reproduce itself and spread from one computer to another via any USB port. This program is a

d. worm

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

damages.

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

decisions of the courts in legal disputes

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 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 files a complaint in a suit against Christopher, and he files for an answer. The case may now be

dismissed or settled

A federal law requires public libraries to install filtering software on computers to prevent children from accessing adult content online. This law

does not substantially burden free speech.

The commerce clause's implied limitation of a state's right to legislate in the area of interstate commerce is the

dormant aspect.

center city enacts an ordinance that imposes a jail term, without a trial, on all contractors who solicit business without a city permit. A court would likely review this ordinance under the principles of

due process

The Constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that

each branch has some power to limit the actions of the others.

The Alternative Energy Association would like a certain law enacted, administered, interpreted, and enforced in the best interest of its members, which include solar power companies. Under the Constitution, Congress

enacts the laws.

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

exclusive jurisdiction

A judge's function is to make the law. True False

false

A key to avoiding business disputes is to go ahead without thinking ahead. True False

false

A state constitution is supreme within the state's borders. True False

false

A state income tax is valid even if the state income tax law allows you to avoid paying 30% of your federal income tax because you are paying that money to the state. True False

false

An arbitration panel is picked by the court? a) True b) False

false

Constitutional law includes only the U.S. Constitution. True False

false

I call the President of Abscam University a profane name. Is that protected speech under the 1st Amendment? True False

false

The 13 original colonies had a formal constitution prior to the adoption of the U.S. Constitution. True False

false

The term common law refers to law that is common throughout the world. True False

false

Whether a law is constitutional depends on its source. True False

false

Roderick, 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

Paltry Poultry Farms, which is based on Arkansas, raises and sells chickens and eggs that lack quality. Raven, who is a resident of Missouri, buys a Paltry product and suffers an injury through its consumption. Raven wants to bring a lawsuit against Paltry. The diversity of citizenship between these parties means that a. no court has jurisdiction. b. federal courts have exclusive jurisdiction. c. federal and state courts have concurrent jurisdiction. d. state courts have exclusive jurisdiction.

federal and state courts have concurrent jurisdiction.

The Unites States's form of government is: a) Federalism b) Democratic c) Communism d) Socialism e) None of the above

federalism

Ryan, a follower of a certain religion, sells an article to Sunday! magazine in which he insists that Congress base all federal law on his religious principles. The First Amendment guarantees Ryan's

freedom of religion.

What right does the 1st Amendment to the U.S. Constitution protect? a) Freedom speech b) Right against self-incrimination c) Right to vote

freedom speech

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

general, universal legal principles

Pietro files a suit against Qiana. If Qiana fails to respond, she will

have a default judgment entered against her

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

hiring and firing decisions, the manufacturing and marketing of products, and business financing

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

if entree pays the judgement

The Seventh Amendment to the U.S. Constitution guarantees the right to a jury trial for cases at law

in federal courts when the amount in controversy exceeds $20

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 suit 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

Orinoco.com, an online seller of a variety of consumer streaming products, files a suit against the state of Nevada, claiming that a Nevada state law violates the commerce clause. The court will agree if the statute imposes a substantial burden on

interstate commerce.

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.

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

is a qualified privilege.

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 or inapplicable

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 to Coastal, a reasonable jury should not have found in its favor. This is a motion for

judgment 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

Which branch of government generally introduces new laws? a) Legislative b) Executive c) Judicial

legislative

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.

Which of the following is not a form of ADR?

litigation

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.

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​

measures approved by governing bodies.

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

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 judgment

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

Fresh Pantry Products Inc. and Market Grocers LLC are having a dispute over a term in their contract. The least expensive method of resolving the dispute between Fresh Pantry and Market Grocers may be a. mediation because the dispute will be resolved by a nonexpert. b. arbitration because the case will be heard by a mini-jury. c. litigation because each party will pay its own legal fees. d. negotiation because no third parties are needed.

negotiation because no third parties are needed.

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

no one

The easiest and cheapest Alternative Dispute Resolution is ... a) Hire a lawyer b) Take matters into your own hands c) Negotiate d) None of the above

none of the above

Tom, a West Virginia resident, was in a car wreck in West Virginia with another West Virginia resident, where can he bring his lawsuit? a) Pennsylvania b) Ohio c) Federal Court d) None of the above

none of the above

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

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

none of the evidence

Keralyn creates a website to post threatening messages about celebrities. The First Amendment protects such speech

none of the time

Loren stands in front of Rooster's Round-Up Cafe, shouting "fighting words" that are likely to incite Rooster's patrons to respond violently. The First Amendment protects such speech

none of the time

katelyn creates a web site to post threatening messages about celebrities. The first amendment protects such speech

none of the time

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

not at all.

D'Antoni files a suit in a federal district court against Enya. D'Antoni loses the suit, appeals to the U.S. Court of Appeals for the Ninth Circuit, and loses again. D'Antoni asks the United States Supreme Court to hear the case. The Court is a. required to hear the case because D'Antoni lost in a lower court. b. required to hear the case because D'Antoni lost in a federal court. c. required to hear the case because it is an appeal. d. not required to hear the case.

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

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

Soap 'n Suds Cleaning Supplies Company and Tiempo Transport, Inc., agree to a contract that includes an arbitration clause. If a dispute arises, a court having jurisdiction may a. order an arbitrator to rule in a particular way. b. order a party to submit to arbitration. c. order a party to bring the dispute to court. d. monitor any arbitration until it concludes.

order a party to submit to arbitration.

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

The members if Citizens Aware believe that a recently enacted federal law in unconstitutional. They write and sign a petition to the government to repeal the law, refuse to obey the law, and stop others from complying with the law. Under the First Amendment, these individuals have a right to

petition the government

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

plead her case before an appellate court

Jon, a law enforcement official, monitors Kelsey's Internet activities—e-mail and Web site visits—to gain access to her personal financial data and student information. This may violate Kelsey's right to

privacy.

Big box retail stores Inc, fires its employee craig for criticizing his manager daria in posts on social forums. According to the national labor relations board, this discharge is

protected by the employee's right to curtail "concerted activities"

George burns an American flag in his backyard. He films his actions and posts the video on YouTube.com. George's actions are

protected by the first amendment

Sustainable Agro Corporation regularly expresses opinions on political issues, including whether to ban the use of genetically modified organisms (GMOs). Under the First Amendment, corporate political speech is

protected.

There are no precedents on which the court deciding the case can base its decision, the court can consider, among other things,

public policy or social values

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

recissions

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 to submit arbitration. This is a ground for a court to

set aside the award

Raylene files a suit against Travis. If this suit is like most cases, it will be a. resolved only after a trial. b. dismissed during a trial. c. settled before a trial. d. transferred to a higher court.

settled before a trial

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

settled before a trial

John and Stacy have a disagreement that involves an item worth less than $5,000. Their dispute may be a candidate for:

small claims court.

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 a suit is that Naomi does not have

standing

Coffee Klatch Party Group, a political organization, files a claim to challenge a Delaware statute that limits the liberty of all persons to broadcast "annoying" radio commercials. This claim is most likely based on the right to

substantive due process

mary creates a design that expresses support for particular presidential candidate and distributes t- shirts emblazoned with the design to the candidates supporters. This is an example of

symbolic speech

Kent's witness Lois is not an expert in the matter about which she is being questions. 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 U.S. Constitution, not the state provision, will be enforced.

Bob claims that certain actions by the federal government and the state of Delaware infringe on rights guaranteed by the Bill of Rights in the United States Constitution. These rights protect individuals and some corporations from

the actions of the government.

Tyler, a citizen of Utah, files a suit in a Utah state court against Virtual 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

Oklahoma enacts a law requiring all businesses in the state to donate 10 per¬cent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level. PriceLess Stores files a suit to block the law's enforcement. The court would likely hold that this law violates

the establishment clause

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.

In an action against Gina, 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 publish the results of their most recent legal research. Sources of law include

the new property tax measure

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.

The case of Spoons Soup Café v. Tacos de Tomas Lunch Truck is heard in a trial court. The case of Gino's Gelato Ice v. Refrigerated Transport Co., is heard in an appellate court. The difference between a trial and an appellate court is whether a. the proceedings focus on the presentation of evidence and the examination of witnesses. b. the court is appealing. c. the subject matter of the case involves complex facts. d. the parties question how the law applies to their dispute.

the proceedings focus on the presentation of evidence and the examination of witnesses.

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 adversarial

Fresh Pantry Products Inc. and Market Grocers LLC are having a dispute over a term in their contract. If Fresh 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 a. the process is not adversarial. b. the dispute will eventually go to trial. c. the case will be heard by a mini-jury. d. the resolution of the dispute will be decided an expert

the process is not adversarial

congress enacts a statute, 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-worker about a recent news story. Sources of law include

the rules issued 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

A statute enacted by the Arizona state legislature to regulate trucking affects interstate commerce. In evaluating this statute, the courts will balance the burden that it imposes on interstate commerce against

the state's interest in regulating the matter.

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 out its expressly designated powers. All other powers are expressly reserved to

the states.

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

Brad, a citizen of California, obtains a federal license to operate a commercial fishing boat in a certain area off the coast. The California state legislature enacts a law that bans all commercial fishing in the area. The state law most violates

the supremacy clause

The Rapid Transit Institute wants the federal government to spend money on inner city and inter-city light rail systems. Congress can spend revenue

to promote any objective that Congress deems worthwile

A Court ordered mediation requires the parties to mediate prior to trial. a) True b) False

true

A state law that conflicts with the U.S. Constitution will be deemed unconstitutional. True False

true

An arbitration clause in a contract requires arbitration before a lawsuit can be prosecuted? a) True b) False

true

An arbitration panel is always on odd number? a) True b) False

true

I live in West Virginia. I buy a new television from Best Buy over the internet. The state of West Virginia can require Best Buy to collect WV sales tax on the purchase and pay it to the state. True False

true

Law if the body of enforceable rules governing relationships among individuals and between individuals and their society. True False

true

One act can lead to both a criminal and a civil suit? True False

true

The Legislative Branch of Government is the only branch that can originate Laws. True False

true

The result of a successful mediation is a contract? a) True b) False

true

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

true

The states that seceded the union during the Civil War were not in violation of U.S. Constitution law at this time. True False

true

There is a set of federal rules of procedure and various set of rules for state courts. True False

true

Lake City enacts an ordinance that bans the distribution of all printed materials on city streets. Mac opposes the city's latest "revenue-enhancing" measure and wants to protest by distributing handbills. In his suit against Lake City, a court would likely hold the ban on printed materials to be

unconstitutional under the first amendment

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

usual

Sweet lemonade disputes the use of "sweet-lemonade.com" as a domain name by sweet citrus and files a suit to resolve the dispute. Serice of process must be by

whatever means is reasonably calculated to do the job as long as it it 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.

under the stakeholder view of corporate socialresponsibility, 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

A decision in arbitration is binding a) Yes b) No

yes

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 court's review of Marty v. Norah, a party can appeal the decision to the United States Supreme Court if​

​if a federal question is involved

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