Legal environment chps. 1, 3, 4, 5 &6

Which of the following is not true of an arbitrator's award?

It is subject to judicial review on the merits of a decision.

Which of the following statements is true of freedom of the press?

It is usually construed to prohibit prior restraints on publica!ons.

The judges who make up the U.S. Supreme Court are known as __________.

justices

Subject matter jurisdiction is defined as __________.

a court's power over the issues involved in a case

A local zoning ordinance criminalizes wri!ng anything on public and private proper!es, including one's own private property. This law is most likely to be uncons!tu!onal based on the _________

overbreadth doctrine

If laws are inconsistent, which level of legisla!on will be given the lowest priority?

state and local laws

Which of the following is part of the pretrial procedure?

The discovery process

Which of the following clauses allows for the separa!on of church and state?

The establishment clause

What percentage of tort cases filed in the U.S. District Court are reportedly se"led prior to trial?

98 percent

________, one of the seven elements of principled, interest-based nego!a!ons, are outcomes that are possible without the agreement of the other party in a nego!a!on.

Alterna!ves

Books-R-Us, Corpora!on faces issues on various fronts like accoun!ng discrepancies, false adver!sement, and retailer rela!ons. Books-R-Us wants to se"le its disputes in a quick and cost-effec!ve manner. Which of the following method of dispute resolu!on is Books-R-Us most likely to choose?

Arbitra!on

________ is the technique used in collec!ve-bargaining contracts to se"le grievances that employees have against their employers.

Arbitration

Nelly and Mario are graffi! ar!sts who create designs and pain!ngs depic!ng social issues that affect their community. They make sure their artwork is not obscene and does not incite a hateful reac!on. They exhibit their art pieces at art shows. In this case, which of the following First Amendment protec!ons may be applied to the ac!ons of Nelly and Mario?

Freedom of speech

Which of the following describes an element of a conflict?

It leads to disputes when coupled with claims that are rejected.

refers to the power of a court, at the state or federal level, to hear a case.

Jurisdiction

Which of the following is one of the major criticisms of the jury system in the United States?

Jurors vote their prejudices.

When the dispu!ng par!es resolve all ma"ers of conten!on that they can through media!on and agree to arbitrate the unresolved ma"ers, they are said to be using an alterna!ve dispute resolu!on technique known as _______

Med-Arb

What is the term for the trial jury that returns a verdict in criminal and civil cases?

Petitjury

is the authority that a state or local government has to protect the public's health, safety, and general welfare.

Police power

The __________ to the U.S. Cons!tu!on reinforces federalism by reserving some powers to the states and to the people.

Tenth Amendment

Zippers, Corpora!on constructed a zip-line course on government land a#er signing a lease agreement with the state government. A few years a#er signing the agreement, the state authority sanc!oned the Never-ending Tunnel Company to build a long tunnel through the land where the zip-line course exists. The proprietors of Zippers, Corpora!on claim that the state violated their exis!ng agreement. Which of the following is most likely to be applied in this case between Zippers, Corpora!on and the state government?

The contract clause

Which of the following statements is true of arbitra!on?

The decisions arising from arbitra!on are binding on the dispu!ng par!es.

Which of the following statements is true of trial by jury?

The right to trial by a jury is preserved in civil suits at common law when the amount in controversy exceeds $20.

Which of the following statements is true of the role of judges in U.S. courts?

They apply the law to the facts of a case.

Which of the following statements is true of the role of jurors in U.S. courts?

They determine the facts from conflicting evidence.

Ellis, a resident of New York, wants to bring a tort claim against Timothy, a resident of Texas, for damage to Ellis's house in New York. To use a long-arm statute to obtain personal jurisdic!on over Timothy, the New York court must find that _______

Timothy commi"ed the tort in New York

If a prospec!ve juror admits bias favoring one of the par!es to a trial, that person is most likely to be excused for ____

cause

When a defendant files a counterclaim against the plain!ff, the defendant becomes a __________

counterplain!ff

If a defendant does not respond in any way to a complaint, the court may enter an order of __________ and grant the plain!ff the relief sought.

default

At the federal level, the Supreme Court __________ class-ac!on suits.

discourages

The rules of evidence protect confidential client communications to a lawyer in order to ____

encourage full disclosure by clients

The separa!on of powers between levels of government is known as

federalism

In most states, a jury's decision must be unanimous because __________.

many believe that the truth is more nearly to be found if the jury acts only on one common conscience

When a losing party in an arbitra!on proceeding makes allega!ons of bias against an arbitrator, the allega!ons __________.

normally do not affect the results of arbitra!on

A nego!a!on between a seller and a buyer began with each party sta!ng their respec!ve expecta!ons in a compe!!ve style. The seller started with as high an asking price as is considered reasonable. Likewise, the buyer began with the lowest reasonable price. In the context of nego!a!on methods, this scenario is an example of

posi!onal bargaining

A municipal zoning ordinance a"empts to regulate the placement of satellite dish antennas in residen!al areas by specifying size and loca!on requirements. The Supreme Court rules that the zoning ordinance is uncons!tu!onal, as it violates the Federal Communica!ons Commission Regula!on law. In this case, the ruling of the Supreme Court illustrates the concept of __________.

preemp!on

When a pe!!on for a writ of cer!orari is filed to the Supreme Court, the party ini!a!ng the pe!!on is the pe!!oner and the other party is known as the __________.

respondent

A judge may grant a mo!on for summary judgment if the moving party can show that ______

there are no material disputed issues of fact

The usual rule is that the informa!on sought in discovery is discoverable as long as the informa!on _____

will lead to evidence admissible during a trial