LAW 231 Exam 1
Felonies are crimes like arson, murder, rape, or robbery that carry the most severe sanctions. True False
True
Independent regulatory agencies such as the Federal Communications Commission are a. cabinet departments within the executive branch. b. outside the federal executive departments. c. not part of the government's executive branch. d. subagencies within the cabinet departments.
b. outside the federal executive departments.
A proceeding in which an administrative law judge hears and decides issues that arise when an agency charges a person or a firm with an agency violation is a. investigation. b. rulemaking. c. declaration. d. adjudication.
d. adjudication.
Peanut Products Company (PPC) makes goods that can cause severe health problems to those with peanut allergies. PPC analyzes the cost of warning people of the risk (which the company's management sees as obvious) and the harm to people if no warning is provided. This analysis most likely is part of a. a duty-based ethics approach. b. religious ethical principles. c. corporate social responsibility. d. outcome-based ethics.
d. outcome-based ethics.
Match each description with its correct piece of legislation, doctrine, or clause. 1. Federal agencies must prepare guides that explain in plain English how small businesses can comply with federal regulations. 2. Law that specifies the procedural requirements that all federal agencies must follow in their rulemaking, adjudication and other functions. 3. Whenever a new regulation will have a "significant impact upon a substantial number of small entities," the agency must conduct an analysis to measure the cost that the rule would impose on small businesses and consider less burdensome alternatives. 4. Requires that "every portion" of every meeting be open to "public observation" with limited exemptions. 5. Requires federal government to disclose records on request, but denial can be challenged in court. Options: A. Regulatory Flexibility Act B. Administrative Procedures Act C. Government in the Sunshine Act D. Freedom of Information Act E. Small Business Regulatory Enforcement Act
1-E 2-B 3-A 4-C 5-D
A resident of one state, when in another state, can be denied the privileges and immunities of that state for any reason. True False
False
A secondary source of law establishes the law on a particular issue. True False
False
Misdemeanors are lesser crimes punishable by a fine or imprisonment for up to five years. True False
False
One cannot be guilty of arson for burning their own home or property. True False
False
Privacy rights receive no protection under federal law. True False
False
Procedural due process focuses on the content of legislation. True False
False
The term moral minimum is best defined as the highest degree of ethical behavior expected of a firm. True False
False
Corporate "citizenship" involves making decisions beyond just maximizing profits and dividends. True False
True
Sources of law that courts must follow in deciding a case are called binding authority. Binding authority does not include: a. An article from a reputable newspaper such as the Wall Street Journal. b. Court decisions from a higher court in the jurisdiction. c. An article of the Missouri Constitution. d. Rules and regulations of the Federal Trade Commission. e. A section of the Revised Missouri State Statutes.
a. An article from a reputable newspaper such as the Wall Street Journal.
Which of the following is considered to be the earliest forerunner to modern day law? a. Code of Hammurabi b. Mayflower Compact c. Articles of Confederation d. United States Constitution e. Magna Carta
a. Code of Hammurabi
Data Inc. pays income and other taxes collected by the Internal Revenue Service (IRS). Like other federal administrative agencies, the IRS was created by a. Congress, through enabling legislation. b. the president, through an executive order. c. a court, through the adjudicatory process. d. an administrative agency, through administrative regulations.
a. Congress, through enabling legislation.
The primary objective of the Foreign Corrupt Practice Act (FPCA) of 1997 is to: a. Prohibits U.S. businesses from making payments to (bribing) officials in other countries to secure beneficial contracts. b. Increase corporate accountability by imposing strict disclosure requirements and harsh penalties for violations of securities laws. c. Prohibit various forms of fraud and to stabilize the securities industry by requiring disclosure of certain information to investors. d. Provides for continuous periodic disclosures by publicly held corporations to enable the government to regulate subsequent trading. e. Establish criteria as to whether a foreign sovereign nation (or its political subdivisions, agencies, or instrumentalities) is immune from suit in U.S. federal or state courts.
a. Prohibits U.S. businesses from making payments to (bribing) officials in other countries to secure beneficial contracts.
Closed meetings of the U.S. Bureau of Land Management, a federal administrative agency, are permitted when a. all of the choices. b. the subject of the meeting involves matters relating to future rulemaking. c. the subject of the meeting concerns accusing a person of a crime. d. open meetings would frustrate the implementation of future actions.
a. all of the choices.
Corporate Financial Inc., and its officers, directors, employees, and shareholders, buy and sell securities on behalf of themselves and their clients. SEC Rule 10b-5 applies to the purchase or sale of a. any security. b. a security involving short-swing profits only. c. a security involving a corporate insider only. d. a security by the corporation only.
a. any security.
The concept of venue reflects the policy that a court trying a case should a. be in the geographic neighborhood of the incident or parties in dispute. b. have exclusive jurisdiction over the subject matter. c. have minimum contacts with the parties to the case. d. be more or less informed or prejudiced for or against the defendant.
a. be in the geographic neighborhood of the incident or parties in dispute.
A business corporation that acts to ensure its employees are treated fairly and its operations minimally impact the environment is applying the concept of a. corporate social responsibility. b. triple bottom line. c. categorical imperative. d. moral minimum.
a. corporate social responsibility.
Bath & Kitchen Inc. is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, the firm wants a court to review it. First, however, the firm must a. exhaust all possible administrative remedies. b. refuse to comply with the agency decision. c. publish its opposition in the Federal Register. d. petition other interested parties to oppose the decision.
a. exhaust all possible administrative remedies.
State trial courts that are called county, district, superior, or circuit courts are most likely to have a. general jurisdiction. b. no jurisdiction. c. appellate jurisdiction. d. limited jurisdiction.
a. general jurisdiction.
The Environmental Protection Agency (EPA) discovers that Fish Farm Inc. has violated an EPA regulation. If no settlement is reached, the EPA can a. issue a formal complaint. b. take the matter to the U.S. Supreme Court. c. do nothing. d. immediately impose sanctions.
a. issue a formal complaint.
State trial courts that are called special inferior trial courts or minor judiciary courts are most likely to have a. limited jurisdiction. b. appellate jurisdiction. c. general jurisdiction. d. no jurisdiction.
a. limited jurisdiction.
The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through social media. The first step is a. publish a notice of the proposed rulemaking. b. solicit public comment. c. compile the rule with others in the Code of Federal Regulations. d. draft the rule.
a. publish a notice of the proposed rulemaking.
Steel Mill Inc. makes steel forms of substandard quality. Tower Building Company has never bought or used a Steel Mill form, but files a suit against the firm, alleging that its products are defective. The defendant's best ground for dismissal of the suit is that the plaintiff does not have a. standing to sue. b. venue. c. minimum contacts. d. exclusive jurisdiction.
a. standing to sue.
Laws enacted by legislative bodies at any level of government make up the body of law generally referred to as a. statutory law. b. the basis of all law in the United States. c. uniform law. d. the supreme law of the land.
a. statutory law.
Venezuela seizes the assets of World Oil Inc., a U.S. firm. World Oil's recovery from Venezuela in a U.S. court may be prevented by a. the doctrine of sovereign immunity. b. a court in Venezuela. c. the act of state doctrine. d. the principle of comity.
a. the doctrine of sovereign immunity.
NatGas Corporation obtains a federal license to operate a gas pipeline through a certain area of Oregon. The Oregon state legislature enacts a law that bans gas pipelines in that area. Most likely, the state law violates a. the supremacy clause. b. the due process clause. c. the commerce clause. d. no provision in the U.S. Constitution.
a. the supremacy clause.
Khloe brings suit against Kylie for defamation, for spreading nasty personal rumors about her that are not true. Kourtney is a witness for Khloe, and Kendall is a witness for Kylie. Kim, who just recently graduated law school and passed the bar exam in California, has been hired by Kylie to represent her in the case. Who is the defendant? a. Khloe b. Kylie c. Kourtney d. Kim e. Kendall
b. Kylie
Nery, a police officer, wants to search the offices of Operational Business Corporation. She asks Judge Pearl to issue a warrant. Under the Fourth Amendment, no warrant for a search can be issued without: a. Double jeopardy. b. Probable cause. c. Reasonable doubt. d. Immunity. e. Reading Miranda rights.
b. Probable cause.
Which of the following would be considered a violent crime? a. Burglary. b. Robbery. c. Larceny. d. Arson. e. Bribery.
b. Robbery.
Cornel and Deanna resolve their dispute over the subsidence of Cornel's real property due to Deanna's excavation for an irrigation pond by having a neutral third party render a binding decision. This is a. mediation. b. arbitration. c. early neutral case evaluation. d. negotiation.
b. arbitration.
Loni files a civil suit against Meme's Bridal Shop, seeking to recover the amount of a refund for an undelivered wedding dress. To succeed, the plaintiff must prove her case a. through a scintilla of evidence. b. by a preponderance of the evidence. c. to the extent promised in his attorney's opening statement. d. beyond a reasonable doubt.
b. by a preponderance of the evidence.
Jill and Kane, with their attorneys, meet to try to resolve a dispute. A neutral third party works with both sides and proposes a solution, but does not make a decision resolving the matter. This is a. negotiation. b. mediation. c. none of the choices. d. arbitration.
b. mediation.
During the trial of a suit concerning liability for an accident involving Cartage Ltd. and Docking Inc., the plaintiff's attorney presents evidence from Emma, a commercial accident reconstruction specialist. With respect to the evidence in the case that falls within Emma's field, she can a. testify only about the facts. b. offer her opinions and conclusions. c. describe only what she personally observed. d. prevent other witnesses from testifying.
b. offer her opinions and conclusions.
Rosa, who operates a Street Tacos restaurant in her apartment, is charged with criminal violations of the local health and building codes, state license regulations, and federal environmental statutes. To obtain a conviction, the prosecution must a. persuade three-fourths of the jurors to agree on a guilty verdict. b. prove beyond a reasonable doubt that Rosa committed every essential element of an offense. c. convince the court it is more likely than not that the charges are true. d. show the evidence as reasonably permitting a guilty verdict.
b. prove beyond a reasonable doubt that Rosa committed every essential element of an offense.
A speedy trial, a trial by jury, a public trial, and the right to confront witnesses are guaranteed by a. state law, not the U.S. Constitution b. the Sixth Amendment. c. the Fourth Amendment. d. the Fifth Amendment.
b. the Sixth Amendment.
Kansas enacts a law requiring all businesses in the state to donate 10 percent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level. Lo-Price Stores files a suit to block the law's enforcement. The court would likely hold that this law violates a. the free exercise clause. b. the establishment clause. c. no clause in the U.S. Constitution. d. the supremacy clause.
b. the establishment clause.
Grain Farm Inc. files a suit against Harvest Services. Before the court can exercise jurisdiction over Harvest, the court must have proof that a. Grain Farm did not act to precipitate a dispute with Harvest. b. Harvest committed the act of which Grain Farm complains. c. Harvest was notified of the suit. d. Grain Farm is prepared to notify Harvest of the suit.
c. Harvest was notified of the suit.
Which of the following are considered primary sources of American law? a. The League of Nations and state constitutions. b. The Declaration of Independence and the U.S. Constitution. c. The U.S. Constitution and state constitutions. d. The Magna Carta and state constitutions. e. The United Nations and the U.S. Constitution.
c. The U.S. Constitution and state constitutions.
A precedent is a. the fundamental procedure by which the government exercises its authority. b. a lawsuit in which a number of persons join together. c. a court decision that furnishes an example for deciding subsequent cases involving similar or identical facts or principles. d. the chief executive officer of the United States.
c. a court decision that furnishes an example for deciding subsequent cases involving similar or identical facts or principles.
To prepare for a trial between Sky Quest Inc. and Telescope Company, the plaintiff's attorney places the defendant's chief executive officer (CEO) under oath. A court official makes a record of the attorney's questions and the CEO's answers. This is a. a cross-examination. b. voir dire. c. a deposition. d. hearsay.
c. a deposition.
The Environmental Protection Agency (EPA) wants Waste Disposal Company to produce certain records for review. The EPA can gain access to the records through a. a rule for parol evidence. b. an order for specific performance. c. a subpoena. d. a formal complaint.
c. a subpoena.
Ordering a party to perform what was promised is a. beyond the court's authority. b. an unenforceable demand. c. an equitable remedy. d. an action.
c. an equitable remedy.
The classification of law that concerns the rights and duties that exist between persons and between citizens and their government is a. criminal law. b. natural law. c. civil law. d. legal positivism.
c. civil law.
Posing as eBank, Frank e-mails Grace, asking her to update her credit-card information through a link in the e-mail. She clicks on the link and types in the data, which Frank promptly sells to Hector. This is a. cyberterrorism. b. hacking. c. phishing. d. no crime.
c. phishing.
Power Company creates a t-shirt design to express support for state tax credits favoring the use of energy-efficient products. The firm distributes the t-shirts to many of its customers. The t-shirts are an example of a. illegal speech. b. unprotected speech. c. symbolic speech. d. commercial speech.
c. symbolic speech.
Believing that a higher, or universal, law exists that applies to all human beings, and that each written law should reflect the principles inherent in this higher law, is a. legal realism. b. the historical school of legal thought. c. the natural law tradition. d. legal positivism.
c. the natural law tradition.
When Lara and Mick cannot resolve their dispute amicably, Lara initiates a lawsuit against Mick. Lara is a. the case of first impression. b. the persuasive authority. c. the plaintiff. d. the defendant.
c. the plaintiff.
Considering the triple bottom line requires looking at how business decisions impact all of the following except a. the planet. b. the people. c. the platitudes. d. the profits.
c. the platitudes.
On a challenge to a provision in a state constitution that conflicts with a provision in the U.S. Constitution a. the state provision will be enforced only within that state's borders. b. neither provision will be enforced. c. the state provision will not be enforced. d. both provisions will be enforced.
c. the state provision will not be enforced.
Cattle House Steaks, a Colorado company, enters into a contract over the phone with Beef Packing Inc., an out-of-state corporation. If a dispute arises, a Colorado court can exercise jurisdiction over Beef Packing a. on the basis of a federal question. b. in no circumstances. c. under the minimum-contacts test. d. only if Beef Packing files the suit.
c. under the minimum-contacts test.
A dispute between two cheese makers—Cheddar Creamery Company and Deli Dairy Inc.—falls under a state statute on unfair trade practices. The application of this law to these parties must be determined by a. an appellate court. b. a jury. c. a trial court. d. a judge.
d. a judge.
The means to enforce a right or compensate for the violation of a right is a. stare decisis. b. a cornerstone. c. jurisdiction. d. a remedy.
d. a remedy.
Ginny and Haruto present their case to an Idaho state court for resolution. The court defers to a different Idaho court's findings of fact in the case, and focuses on the application and interpretation of the law to the dispute. The court currently deciding Ginny and Haruto's dispute is a. a U.S. magistrate's court. b. a trial court. c. a special inferior court. d. an appellate court.
d. an appellate court.
An injunction is a. a payment of money. b. a departure from precedent. c. the cancellation of a contract. d. an order to do or to refrain from doing a certain act.
d. an order to do or to refrain from doing a certain act.
Hearth & Home Furniture store advertises bedroom suites at a "Special Low Price of $599." When Ilene tries to buy one of the suites, Jill, the salesperson, tells her that they are all sold and no more are obtainable. Jill adds that Hearth & Home has other bedroom suites available for as low as $2,599. This is a. counteradvertising. b. a cease-and-desist order. c. puffery. d. bait-and-switch advertising.
d. bait-and-switch advertising.
Bess files a suit against Chet over the sale of Dairy Farm. During the trial, after the plaintiff's attorney is finished questioning the first witness, the witness is subject to a. a preponderance of the evidence. b. a closing statement. c. direct examination. d. cross-examination.
d. cross-examination.
The state of Florida can regulate building contractors and building codes in the state under its a. commerce power. b. entitlement to full faith and credit. c. system of checks and balances. d. police powers.
d. police powers.
Common law rules develop from a. regulations issued by administrative agencies. b. statutes enacted by Congress and the state legislatures. c. uniform laws drafted by legal scholars. d. principles underlying judges' decisions in actual controversies.
d. principles underlying judges' decisions in actual controversies.
Evita, a police officer, wants to search the offices of Debit & Credit, Accountants. She asks Judge Bern to issue a warrant. No warrant for a search can be issued without a. immunity. b. double jeopardy. c. reasonable doubt. d. probable cause.
d. probable cause.
A cost-benefit analysis is part of a. a duty-based ethics approach. b. corporate social responsibility. c. the principle of rights theory. d. utilitarianism.
d. utilitarianism.
When applying the rule of reason to an activity that allegedly violates the antitrust laws, a court will not consider a. the purpose of the agreement. b. the potential effect of the agreement on competition. c. the parties' market ability to implement the agreement. d. whether the agreement is a per se violation.
d. whether the agreement is a per se violation.
Ihlan initiates a lawsuit against Juno, alleging that Juno has not paid her rent for six months and Ihlan wants her to vacate her apartment. The sheriff serves a summons. Juno does not respond. Ihlan a. must provide proof in support of the claim. b. must file a motion for renewed service of process. c. must withdraw the complaint. d. will be awarded a default judgment.
d. will be awarded a default judgment.
A constitutional rule that allows Congress to give some of its authority to agencies is referred to as the a. Administrative Statute b. Bureaucracy Rule c. Administrative Law Judge Rule d. Arbitrary and Capricious Test e. Delegation Doctrine
e. Delegation Doctrine
Match each description with its correct piece of ethics legislation. 1. Among other things, provided for more internal controls and accountability as well as certain certification and monitoring requirements. 2. Among other things, governs initials sales of stock to investors; prohibits deceit, misrepresentation and fraud; and provides investor protections by requiring information. 3. Applies to securities exchanges and the industry and provides for continuous disclosure. 4. Among other things, deals with discrimination, equal access, and desegregation. 5. Deals primarily with bribery and accountability. Options: A. Securities and Exchange Act of 1934 B. Sarbanes-Oxley Act of 2002 C. Foreign Corrupt Practices Act of 1977 D. Securities Act of 1933 E. Civil Rights Act of 1964
1-B 2-D 3-A 4-E 5-C
Match each with the appropriate corresponding summary/description appearing below. 1. Regulates chemicals and chemical compounds that are known to be toxic, such as asbestos and polychlorinated biphenyls (PCB's) 2. Authorizes regulations for monitoring, transporting, storage, treatment, and disposal of hazardous substances. 3. Requires anyone planning to use chemicals first determine their effect on human health and environment. 4. Designed to ensure the clean-up of hazardous waste sites and to assign liability for the costs of the cleanup. 5. Protect living organisms that are threatened with extinction. 6. Allows developers who comply with state voluntary clean-up programs to avoid federal liability for the properties that they decontaminate and develop. 7. Generally limits environmental harm from federal government activities. Options: A. Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) B. Toxic Substances Control Act C. Small Business Liability Relief and Brownfields Revitalization Act D. Resource Conservation and Recovery Act E. Endangered Species Act F. Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) G. National Environmental Policy Act
1-B 2-D 3-A 4-F 5-E 6-C 7-G
Match the following descriptions/provisions with their correct privacy laws. 1. Provides that individuals have a right to obtain access to information about them collected in government files. 2. Requires privacy disclosures and safeguards of personal medical records from disclosure for non-related purposes. 3. Prohibits the disclosure of nonpublic personal information about a consumer to an unaffiliated third party unless strict disclosure and opt-out requirements are met. 4. Protects the privacy of individuals about whom the federal government has information, regulates agencies' use and disclosure of data, and gives individuals access to and a means to correct inaccuracies. 5. Authorizes government encroachment into individual privacy including empowers agencies to access and monitor electronic, financial, and other personal data and communication. Options: A. Privacy Act B. Freedom of Information Act C. USA Patriot Act D. Gramm-Leach-Bliley Act E. Health Insurance Portability and Accountability Act
1-B 2-E 3-D 4-A 5-C
Match each with the appropriate corresponding summary/description appearing below. 1. Reduces the risk of identity theft by regulating how consumer account information is handled. 2. Prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you. 3. Requires sellers and lenders to disclose credit terms or loan terms so that individuals can shop around for the best financing arrangements. 4. Makes it unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction, on the basis of certain protected classes. 5. Promotes the accuracy, fairness, and privacy of consumer information contained in the files of consumer reporting agencies; intended to protect consumers from the willful and/or negligent inclusion of inaccurate information in their credit reports. Options: A. Fair Debt Collection Practices Act (FDCPA) B. Equal Credit Opportunity Act (ECOA) C. Truth-in-Lending Act (TILA) D. Fair and Accurate Credit Transactions Act (FACT) E. Fair Credit Reporting Acts (FCRA)
1-D 2-A 3-C 4-B 5-E
Match each with the appropriate corresponding summary/description appearing below. 1. Establishes food standards, specifies safe levels of potentially hazardous food additives, and provides classifications of foods and food advertising. 2. Regulates the way foods are grown, harvested and processed; also provides authority to directly recall any food products that it suspects are tainted, rather than relying on the producers to recall items. 3. Among other things, ifted restrictions on preventative services and preexisting conditions, and imposed cost controls with regard to prescription drugs and health insurance. 4.Created a commission with broad regulatory authority over the safety of consumer products; also provides authority to pursue recalls and to ban products under certain circumstances. Options: A. Affordable Care Act (ACA) B. Consumer Product Safety Act C. Food Safety Modernization Act (FSMA) D. Federal Food, Drug and Cosmetic Act (FDCA)
1-D 2-C 3-A 4-B
When profit maximization is the goal, a company does not benefit from ethical behavior. True False
False
Corporations enjoy many of the same rights and privileges as natural persons do. True False
True
The Sarbanes-Oxley Act was enacted to reduce the number of unethical business decisions by requiring the accountability of publicly traded companies. True False
True
The dormant commerce clause comes into play when state regulations affect interstate commerce. True False
True
Under the full faith and credit clause, any judicial decision in one state with respect to contract rights will be honored and enforced in all states. True False
True
Voir dire refers to the jury selection process. True False
True
Which of the following grants normal trade relations (NTR) status to other member countries and facilitates regional trade agreements and associations help to minimize trade barriers between nations? a. The World Trade Organization (WTO) b. The Berne Convention c. The New York Convention d. The Convention on Contracts for the e. International Sale of Goods (CISG) e. The TRIPS Agreement of 1994
a. The World Trade Organization (WTO)
Maris files a suit against Ngu in a state court over an employment contract. The case proceeds to trial, after which the court renders a verdict. The case is appealed to the state's highest court. After that court's review of Maris v. Ngu, a party can appeal the decision to the United States Supreme Court if a. a federal question is involved. b. the party is unsatisfied with the result. c. the state trial and appellate court rulings are different. d. a state question is unresolved.
a. a federal question is involved.
An award of damages is a. a payment of money or property. b. an order to do or to refrain from doing a certain act. c. the right to harm another. d. the cancellation of a contract.
a. a payment of money or property.
Sportsfield Inc. files a suit against Tailgate Services. Before the trial, during the jury selection process, Sportsfield's attorney asks, without providing any reason, that one of the potential jurors not be sworn in. This is a. a peremptory challenge. b. a challenge for cause. c. an affirmative defense. d. a motion to dismiss.
a. a peremptory challenge.
Teri borrows $10,000 from USA Bank to remodel a room in her home. This transaction is subject to a. the Truth-in-Lending Act. b. no federal law. c. the Consumer Product Safety Act. d. the Consumer Leasing Act.
a. the Truth-in-Lending Act.
Activities considered contrary to public values and morals such as public drunkenness and prostitution are classified as: a. No-fault crimes. b. Victimless crimes. c. Shameful crimes. d. Turpitude crimes. e. Private order crimes.
b. Victimless crimes.
Stare decisis is best defined as a. a situation giving a person a right to initiate a judicial proceeding. b. a doctrine under which judges follow established precedents. c. the authority to decide a specific dispute. d. a judicial proceeding to redress a wrong.
b. a doctrine under which judges follow established precedents.
Components Inc., a maker of vehicle parts, refuses to sell to DIY Repair Inc., a national vehicle service firm. The maker convinces Engine Parts Company, a competitor, to do the same. This is a. a market division. b. a group boycott. c. a tying arrangement. d. a trade association.
b. a group boycott.
Andy causes a disturbance at Brew Pub. He is arrested and charged with disorderly conduct, a crime punishable by imprisonment up to one year. This crime is a. a tort. b. a misdemeanor. c. a civil wrong. d. a felony.
b. a misdemeanor.
The Federal Emergency Management Agency (FEMA) discovers that Rescue Inc. is violating a FEMA regulation. If this situation is resolved like most such disputes, the outcome will be a. a trial and a fine. b. a negotiated settlement. c. a trial and the dissolution of the business. d. a trial and an appeal to a higher authority.
b. a negotiated settlement.
The 1803 decision of the United States Supreme Court in the case of Marbury v. Madison established a. the writ of certiorari. b. the power of judicial review. c. the jurisdiction of the courts. d. the rule of four.
b. the power of judicial review.
Hobbes, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jules, a resident of Kentucky. Jules files a suit against Hobbes in Indiana. Regarding this suit, Indiana has a. in personam jurisdiction. b. no jurisdiction. c. in rem jurisdiction. d. federal jurisdiction.
c. in rem jurisdiction.
Liz and Moss disagree over the amount due under their contract. To avoid involving a third party in the resolution of their dispute, Liz and Moss could resolve their dispute through a. arbitration. b. litigation. c. negotiation. d. mediation.
c. negotiation.
The executive branch of the government can exercise control over an administrative agency through a. none of the choices. b. judicial review of agency actions and decisions. c. the president's veto powers. d. legislation that takes away the agency's power.
c. the president's veto powers.
Sharp Machine Company files a suit against Tseng Parts Ltd., alleging a defective shipment of goods. During the trial, the plaintiff's attorney calls the first witness and asks questions. This questioning is called a. hearsay. b. cross-examination. c. an opening statement. d. direct examination.
d. direct examination.
River City enacts an ordinance that prohibits all advertising on the sides of trucks. A court would likely review this ordinance under the principles of a. free exercise. b. equal protection. c. interstate commerce. d. due process
d. due process
To reduce traffic, Market Town enacts an ordinance that allows only a few specific street vendors to operate in certain areas. A court would likely review this ordinance under the principles of a. free exercise. b. interstate commerce. c. free speech. d. equal protection.
d. equal protection.
Heyli is not a resident of Iowa although her website can be accessed by residents of that state. Jen files a suit against Heyli in an Iowa state court. The court is most likely to have jurisdiction over Heyli if Jen's claim arises from a. no interactivity between Heyli and any Iowa resident through Heyli's website. b. minimum contacts between Heyli and any Iowa resident. c. the Internet's capacity to bypass boundaries. d. substantial business between Jen and Heyli through Heyli's website.
d. substantial business between Jen and Heyli through Heyli's website.
Ty, a citizen of Utah, files a suit in a Utah state court against Vancouver Sales Corporation, a Washington state company that does business in Utah. The court has original jurisdiction, which means that a. the court has a unique method of deciding whether to hear a case. b. the court has unusual procedural rules. c. the subject matter of the suit is interesting and new. d. the case is being heard for the first time.
d. the case is being heard for the first time.
The Food and Drug Administration (FDA) is an executive agency. As an executive agency, the FDA is subject to the authority of a. state legislatures. b. the U.S. Attorney General c. no government official or entity. d. the president.
d. the president.
Ray, the manager of Soy Farm Inc., must decide whether to plant genetically modified seed that could spread to the crop of an adjacent farm, whose owner opposes its use. Not using the seed could cut Soy's production and profitability, impacting its owners, employees, creditors, and others. If Ray considers all of these factors in making his decision, he is likely applying a. utilitarianism. b. the categorical imperative. c. religious principles. d. the principle of rights theory.
d. the principle of rights theory.
Fidgets-R-Us, Inc., appeals a decision against it, in favor of Widgets 'N More, Inc., from a lower court to a higher court. Widgets 'N More is a. the appellant. b. the defendant. c. the petitioner. d. the plaintif. e. the appellee.
e. the appellee.
