BUS LAW MIDTERM

Any court can exercise jurisdiction over any property, no matter where it is located.

False

Ethics simply looks at whether a decision (or act) is legal or illegal.

False

Even if it conflicts with the U.S. Constitution, a state constitution is supreme within that states' borders.

False

Flights over someone's land can never be a violation to the owner's property rights.

False

If a party is unhappy about the decision of their case in their state supreme court, and it was a case involving state law, they can appeal it to the Federal Supreme Court.

False

Jeff threatens Alison with a gun and then shoots her. The firing of the gun is both assault and battery.

False

Real property consists of land and does not include anything attached to it.

False

Slander is defamation in writing or another permanent form such as a digital recording.

False

Subject matter jurisdiction refers to whether a court is located in the area in which the plaintiff or defendant live.

False

The Fifth Amendment allows persons to be deprived of property without due process of law.

False

Corporate "citizenship" involves making decisions beyond just maximizing profits and dividends.

True

Rescission is an equitable remedy

True

When making ethical decisions, a business should evaluate the financial implications.

True

Richard owns Scholars Apartment House. His ownership rights include the right to sell or give away the property without restriction, as well as to use the property for whatever purpose he sees fit. His ownership interest is

a fee simple absolute.

The Bill of Rights embodies

a series of protections for the individual against government action.

Edna and Flavia buy a cottage in Gulfport, Mississippi. On the death of either owner, that owner's interest in the dwelling passes to her heirs. This is

a tenancy in common.

Smelter, Inc., operates a plant—a "major source"—that emits hazardous air pollutants for which the Environmental Protection Agency has set maximum levels of emission. The plant does not use equipment to reduce its emissions. Under the Clean Air Act, this is most likely

a violation.

Sara owns a ring. She asks Tomas, a jeweler, to add a diamond to it. Adding the diamond will increase the value of the ring. This is

accession.

Business torts generally involve wrongful interference with another's

business rights.

Beck and Carli are married. Carli purchases a condominium near Downhill Ski Resort. Beck and Carli each technically own an undivided one-half interest in the condo. This is

community property.

Slim owns cattle, a pick-up truck, and stock in Range Corporation, which owns and operates the Big R Ranch. Capable of being involved in a bailment is

the cattle, the truck, and the stock.

Hale, research manager for Investor Fund, Inc., adheres to utilitarian ethics in making business and ethical decisions that involve the actions of the firm. According to this standard, an action is morally correct when it produces the greatest good for

the greatest number.

Caryn is faced with making a business decision. As she thinks about the problem, she feels that there is no easy answer. She continues to think about what is making her uncomfortable about the situation before brainstorming possible solutions. If Caryn is using the IDDR approach to decision making, she is engaged in which step?

the inquiry step.

Wrongfully taking or retaining possession of an individual's personal property and placing it in the service of another is known as

the tort of conversion.

Be honest and treat people fairly." With respect to business ethics, implementing this motto is

very important.

A controlling precedent is any legal authority or source of law that a court may look to for guidance but need not follow when making its decision.

False

A federal statute applies only to those states that agree to apply it within their borders.

False

A finder of mislaid property has no obligation to return the property to the true owner.

False

A finder of mislaid property obtains title to the goods.

False

A state supreme court is considered a federal court.

False

Accession occurs when someone acquires title to a valuable piece of personal property by assuming a position of power.

False

An easement is the right to go onto land owned by another and take away some part of the land itself or some product of the land.

False

An overemphasis on long-run profit maximization is a common reason for ethical problems that may occur in a business.

False

Because courts of law and equity have merged, the principles of equity are no longer applied.

False

Because laws may change, the ability to analyze and evaluate the legal ramifications of situations as they arise is not a lasting skill.

False

Compartmentalizing the law into discrete topics indicates that each business transaction is subject to only one specific area of the law.

False

Consideration may be given for an insurance contract but is not required.

False

Discovery includes the process of serving a summons, and a copy of a complaint on a defendant.

False

Establishing ownership rights is more complicated for personal property than for real property.

False

If the leased premises are destroyed by fire or flood, and the tenant is forced to move out, the tenant must still continue to pay the rent until the lease ends.

False

If the plaintiff gives consent to the outrageous conduct that leads to an intentional infliction of emotional distress claim, the lawsuit is likely to proceed.

False

In a bailment for the mutual benefit of the bailee and the bailor, the bailee need not exercise reasonable care in storing items or holding property.

False

In some circumstances, individuals will be liable for defamatory statements because they enjoy immunity.

False

Interrogatories consist of oral testimony given by a party under oath.

False

Judging a job applicant based on what an online search reveals about the applicant's activities outside the workplace, or their social media posts is universally viewed as ethical.

False

Judicial review is the process through which Congress approves or rejects judicial appointments.

False

Jurisdiction refers to the ability of a citizen to bring a case before a court.

False

Land includes the soil on the surface of the earth, but not the waters contained on it.

False

Legal encyclopedias, law review articles, and treatises are sources of primary law.

False

The UCC is a uniform law that most states have adopted to govern commercial transactions.

False

The purpose of tort law is to provide remedies for the invasion of various securities.

False

The study of business law does not involve an ethical dimension

False

The study of business law does not involve an ethical dimension.

False

The term moral minimum is best defined as the highest degree of ethical behavior expected of a firm.

False

The triple bottom line is a measure that includes: a corporation's profit, its impact on people, and how the corporation feels about it

False

The triple bottom line is a measure that includes: a corporation's profit, its impact on people, and how the corporation feels about it.

False

To acquire property by adverse possession, the possession must be secret or clandestine.

False

To be a fixture, an item of personal property must be physically attached to the land in some way.

False

A law that limits a fundamental right that may be held to violate substantive due process.

True

Abnormally high profits and stock prices may lead to unethical business behavior.

True

All laws establish rights, duties, and privileges that are consistent with the values and beliefs of a society (or its ruling group).

True

An appellate court can only challenge a trial court's finding of fact if the finding is clearly erroneous.

True

An assault can be completed even if there is no actual contact with the plaintiff, provided the defendant's conduct causes the plaintiff to have a reasonable apprehension of imminent harm.

True

An electronic court filing system allows parties to file litigation-related documents via electronic means in most states.

True

An employer's statements in written evaluations of employees are an example of a qualified privilege.

True

An environmental impact statement includes a formal analysis of the impact of any major federal action that will significantly affect the environment.

True

An insurable interest in property need not exist when a policy insuring against its damage or loss is purchased.

True

An insurance company can raise as a defense against payment on a policy, any of the defenses that would be valid in an ordinary action on a contract.

True

As part of the IDDR approach as described in the text, it is important to list as many possible various alternatives, and identify strengths and weaknesses of any remaining alternatives.

True

Because a warehouse company is a professional bailee, it is expected to exercise a high degree of care to preserve and protect bailed goods.

True

Because no one can actually hold a piece of land, certain rights and duties are recognized to constitute the ownership interests in real property.

True

Case law governs all areas of business not covered by statutory or administrative law.

True

Congress or a state legislature establishes an administrative agency to perform a specific function.

True

Corporate social responsibility may increase a business's reputation or goodwill.

True

Courts give significant weight—deference—to an agency's judgment, and interpretation of its rules

True

Courts give significant weight—deference—to an agency's judgment, and interpretation of its rules.

True

Courts often refer to secondary sources of law for guidance in interpreting and applying a primary source of law.

True

Courts will accept the legal fiction of corporate personhood to provide companies with the same rights before the law as individuals.

True

During any global outsourcing, a company should continue to monitor those suppliers to make sure those employers are treating their employees fairly.

True

Duty-based ethics is based on the idea that every business has certain duties to others and the planet

True

Duty-based ethics is based on the idea that every business has certain duties to others and the planet.

True

General damages compensate individuals for the nonmonetary aspects of the harm suffered such as pain and suffering.

True

If a trial was fundamentally flawed, a party can ask the judge for a motion, and for a new trial in order to prevent a miscarriage of justice.

True

If the act that created the apprehension is completed and results in harm to the plaintiff, it is a battery.

True

If the bailed property has been lost, a court will presume that the bailee was negligent, which he or she can rebut by showing an exercise of due care

True

In a case alleging slander, the plaintiff must prove special damages to establish the defendant's liability.

True

In a case based on diversity of citizenship involving individuals, a federal court will apply the relevant state law.

True

In a case involving Internet transactions, jurisdiction can be met by a state through minimum contacts if the company conducts substantial business in that jurisdiction through online contracts or sales.

True

In many states, hotel operators are not liable for any loss or damage to their guests' personal property, provided this limit is brought to the guests' attention.

True

Insurance is an arrangement for transferring and allocating risk.

True

International law derives from a variety of sources, including the laws of individual nations.

True

Life insurance requires that an insurable interest in the continued life of the insured exists when a policy is obtained.

True

Mediation requires the use of a neutral third party to help facilitate an agreement between the parties.

True

Merely advertising a product online is never enough to avail your company to jurisdiction of that state.

True

Minimum contact means that the defendant must have enough of a connection to the state for the judge to conclude that it is fair for the state to exercise power over the defendant.

True

One common denominator identified by businesspersons who have faced ethical problems is the feeling of uncertainty.

True

Rescission is an equitable remedy.

True

Sometimes, a person can become an owner of personal property merely by possessing it.

True

The Administrative Procedure Act (APA) imposes strict procedural requirements that agencies must follow in legislative rulemaking and other functions.

True

The authority of a court to hear and decide a specific case is called jurisdiction.

True

The basis of a civil law system is a written code of laws.

True

Rafe signs a one-year lease for an apartment owned by Suki. Rafe is a student and needs the apartment only for two semesters, at the end of which he plans to sublet it for the rest of the term. Rafe's tenancy is

a fixed-term tenancy.

Brick & Mortar Stores, Inc., signs a lease for a storefront owned by Commercial Properties, Inc. The lease does not specify how long it is to last but does specify that rent is to be paid at certain intervals. This is

a periodic tenancy.

The Uniform Commercial Code facilitates commerce

among the states.

One of the elements of a bailment is

an agreement for the return or disposal of the bailed property.

Sara files a suit in a state court against Tech Innovations Inc. The parties are allowed to file litigation-related documents with the court online for their state. This is considered:

an electronic court filing system.

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

an equitable remedy.

Sheila finds Tim's briefcase in her office after Tim leaves following their meeting. This is

an involuntary bailment.

These are protected by the First Amendment (choose all applicable answers)

an offensive political T-shirt.

In a suit against Karen, Luke obtains an injunction. This is

an order to do or to refrain from doing a certain act.

Compliance with the law is not always sufficient to determine if a decision or behavior is "right" because

being legal does not necessarily mean it is ethical.

When a business makes an unethical decision and then rationalizes it by saying it is only a small issue, is an example of:

categorical imperative.

If Terry wants to sue Jerry and they are citizens of different states, and the amount of damages sought is $100,000. Furthermore, Jerry has long-arm and minimum contacts with Terry's state, the fact that Terry can bring the suit in his home state court or federal court is called:

concurrent jurisdiction

Before entering the dining room in Café Peru, Diego checks his coat in the lobby with a valet employed by the restaurant. In the coat's pocket is an iPhone. A bailment may exist between the restaurant and its customer for

the coat and the phone.

A judicial decision on the constitutionality of an executive order that limits certain state actions is

the power of judicial review

The 1803 decision of the United States Supreme Court in the case of Marbury v. Madison established

the power of judicial review.

Colleen owns a house. In the house, on a tile floor is a throw rug and a heavy decorative urn. Most likely to meet the definition of a fixture is

the tile floor.

In the cost-benefit analysis utilitarian model, the focus is to always do the most amount of good for the most amount of people.

true

Outcome-based ethics deals with the consequences of an action, not the nature of the action itself, nor any religious or moral beliefs.

true

Cattle House Steaks, an Alabama company, enters into a contract for goods over the phone with Beef Packing Inc., an out-of-state corporation. If a dispute arises, an Alabama court can exercise jurisdiction over Beef Packing

under the minimum contacts test.

Viaduct Corporation used untested and risky construction techniques to build a bridge under budget. The techniques were legal but the bridge collapsed, killing several people. Viaduct's actions were

unethical, and may result in legislation.

Managers who set unrealistic production or sales goals increase the probability that employees will act:

unethically

___________________ is law that has to do with wrongs committed against society for which society demands redress.

Civil law

______________________________ refers to the number of procedural devices to obtain information and gather evidence about the case from the other party or from third parties before the trial begins.

Discovery

In a criminal case, the object is to obtain a remedy.

False

When a joint tenant dies, his or her interest in the property passes to his or her chosen heirs.

False

While hiking on Mountain Trail, Ness's camera falls from his pocket. He fails to notice its loss for a mile, and then gives up looking for it. Ole finds the camera. Pau tries to take it from Ole. The party who can assert the best title to the camera is

Ole

Which of the following does not qualify as an invasion of privacy?

Privilege.

In determining whether the duty of care has been breached, which of the following does the court not consider?

The finances of the person in breach.

Estray statutes encourage the return of found property to its owner by making it possible for the finder to acquire title to it.

True

The basis of all law in the United States is

U.S. Constitution

Jason, a citizen of Kansas, wants to file a suit against Lora, a citizen of Michigan. Their diversity of citizenship may be a basis for:

a federal court to exercise jurisdiction.

A guest in your home is not a trespasser unless that guest

has been asked to leave but refuses.

A person will not be liable for the tort of wrongful interference with a contract or business relationship if it can be shown that the interference was

All of these choices

Defenses to a claim of trespass to land is to show that the

All of these choices

Retailers and other firms that explicitly or implicitly invite persons to come onto their premises have a duty to exercise reasonable care to protect these

All of these choices

The publication of false information about another's product alleging that it is not what its seller claims is

All of these choices.

The degree of care to be exercised varies, depending on the defendant's

Both a and b

Commercial Supply wants to initiate a suit against Downwind Power Corporation by filing a complaint. The complaint should include a statement of the facts necessary to show that:

Commercial is legally entitled to relief.

A binder in an insurance policy is the amount that is paid for the policy.

False

An administrative legislative rule is not legally binding on businesses.

False

Company codes are the same as laws.

False

The commerce clause has had no greater impact on business than any other provision in the Constitution.

False

The covenant of quiet enjoyment guarantees that the buyer will not disturb the land or any of its neighbors.

False

The owner of a life estate has the same rights as a fee simple owner, including the right to sell the property or pass it to his or heirs.

False

Under the doctrine of stare decisis , judges are encouraged to follow the precedents established within their jurisdictions.

False

Under the takings clause of the Fifth Amendment to the U.S. Constitution, private property may be taken for public use without "just compensation."

False

When profit maximization alone is the goal, a company does not benefit by behaving ethically.

False

When there is a direct conflict between a federal law and a state law, both laws are rendered invalid

False

When there is a direct conflict between a federal law and a state law, both laws are rendered invalid.

False

The ___________________________, for example, is an agency within the U.S. Department of Health and Human Services.

Food and Drug Administration

Greta applies for a homeowners' policy with Home Insurance Company through Ivy, an insurance agent. As a general rule, the insurer is bound by

Ivy's acts.

This law was designed to help reduce corporate fraud and unethical management decisions, by requiring accountability measures for publicly traded companies:

Sarbanes-Oxley Act.

Reza has a fixed-term tenancy for her apartment with Studio Apartments. If Reza abandons the premises before the lease expires

Studio may be required to mitigate its damages.

Which of the following is not a characteristic of the reasonable person standard?

The reasonable person standard is said to be subjective.

A constitution is a primary source of law.

True

A fee simple absolute is an estate or interest in land with no limits in terms of disposition or duration.

True

The effectiveness of an industry code of ethics is partly determined by the commitment of the industry, or company leadership to enforce it.

True

The gift of a large portion of a person's assets can indicate fraud.

True

The law protects a person's rights and interests in anything with an ascertainable value that is subject to ownership

True

The owner of real property has relatively exclusive rights to the airspace above the land.

True

The rights of the owner to the subsurface of a piece of land would have little value if the owner could not use the surface to exercise those rights.

True

The same restrictions that apply to an assignment of the tenant's interest in leased property apply to a sublease.

True

The tort of intentional infliction of emotional distress (IIED) can be defined as extreme and outrageous conduct resulting in severe emotional distress to another.

True

There are different types of taxes for real property and personal property.

True

Tile and carpeting permanently attached to the floor of a house are most likely intended to be fixtures.

True

To establish defamation, plaintiffs who are public figures must prove actual malice.

True

To minimize potential liability under Superfund, a business can conduct its own regular environmental compliance audits of its operations.

True

To obtain relief under the nuisance doctrine, a property owner may have to identify a distinct harm separate from that affecting the general public.

True

Top management's behavior in a company sets the ethical tone for the workplace.

True

Tort law provides remedies for acts that cause physical (or emotional) injury or interfere with physical (or emotional) security and freedom.

True

Under a state long-arm statute, a court can exercise jurisdiction over certain nonresident defendants based on their activities within the state.

True

Under the rights theory, determining whether a business decision is unethical is to see how it affects others.

True

Unless the initial hurdle of proving special damages is overcome, a plaintiff alleging slander normally cannot go forward with the suit and recover any damages.

True

Venue has to do with where the most appropriate physical location to file a lawsuit exists.

True

With a tenancy at will, either party can terminate the tenancy without notice.

True

Martin files a suit against Nichelle 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 Martin v. Nichelle, a party can appeal the decision to the United States Supreme Court only if

a federal question is involved.

Cal has an easement that allows him to drive across Dale's land to get to Cal's house. With respect to Dale's land, Cal's right is

a nonpossessory interest.

Seafood Café Company makes products that can cause severe health problems to those with shellfish allergies. Seafood analyzes the cost of warning people of the risk (which they believe is obvious), and the risk of harm to people if no warning is included in advertising and on menus. This analysis most likely is part of

an outcome-based ethics.

Jade owns a loft that she leases to Key and Liu. If Jade sells the loft, Key and Liu

become the tenants of the new owner.

Good intentions are not a defense against conversion, and someone who buys stolen goods

can be sued for conversion even if the buyer did not know that the goods were stolen.

One downside of arbitration is that if the parties are not satisfied with the decision, they:

cannot appeal the decision.

A court may use the identity of the party who receives a benefit from an ordinary bailment to determine, with respect to the bailed property, the standard of

care required of the bailee.

Serene 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 Tyler's suit against the city, a court would likely hold the ordinance to be

constitutional under the First Amendment.

ChemCo Inc. expends funds and takes steps to ensure that all employees are treated fairly, and that they are acting ethically and are accountable to society. This is the concept of:

corporate social responsibility

Power, Inc., is a corporation engaged in the business of producing, refining, and distributing energy resources. With respect to the firm's managers, legal concepts would not be useful for Power's _________.

customers

Fraudulent misrepresentation involves intentional deceit for personal gain and includes

damage suffered as a result of the reliance.

In making a business decision, Jin Soo brainstorms possible solutions to his problem, and then considers what he should do. If Jin Soo is using the IDDR approach to decision making, he is in the:

discussion step.

When economically injurious falsehoods are made about another's product or property rather than about another's reputation

disparagement of property occurs

Artificial Intelligence Inc. sells to Beta Bots Corporation a promising idea for a technological innovation that is still being developed and that looks very promising. This is

ethical and legal

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

exclusive jurisdiction.

Miles obtains a property insurance policy from Nova Insurance Company for Miles's restored 1957 Chevy. Nova can cancel the policy if Miles

fails to pay the premiums.

The key difference between intentional and negligent misrepresentation is whether the person making the misrepresentation had actual knowledge of

falsity.

According to the theory of corporate social responsibility, any decision by the management of Precision Processing Corporation should consider how a proposed action may affect only the

firm's officers, shareholders, and stakeholders.

There are no precedents on which the court deciding the case Algorithm Corp. v. Beta Bytes, Inc., can base its decision. The court can consider, among other things,

government policy based on widely held social values.

Cynthia is the chief financial officer of Digital Corporation. In that capacity, when she is unsure whether a certain business action is legal, she should act

honestly and responsibly.

Product Sales Inc. adheres strictly to the goal of maximizing profits. Even so, Product Sales will benefit by also using ethical behavior:

if customer service and reviews are good.

To obtain the title to land without delivery of a deed, one person must possess the property of another

in an open, visible, and notorious manner.

When adopting duty-based ethics, corporations often describe the values and duties they owe:

in their mission statements and strategic plans.

A law that restricts a person's activities based on their gender will receive _____ by the courts

intermediate scrutiny

Red obtains a fire insurance policy on his vacation cabin near Smoky Mountain from Torchlight Insurance Company. The cabin is lost in a fire, but the parties dispute the amount of Torchlight's liability under an ambiguous clause in the policy. A court would most likely

interpret the clause against Torchlight

Analytica LLC files a suit against the United States, challenging a congressional enactment mandating that employers pay their employees' student loans. The process by which the court decides this issue is

judicial review.

On Demi's authorization, Engine Work, Inc., repairs her car. She refuses to pay for the job. Engine Work can

keep the car and place a lien on it until Demi pays.

Ethics are important because laws may not always be easy to interpret or apply. This is because

laws represent the will of the people, and that is often changing

An internal business code of conduct is not

legally binding law.

Jill and Kane meet with their attorneys 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 an example of:

mediation.

Ethics has to do with how a businessperson applies this(ese) in their business decisions:

moral principles

Quarry Mining Inc. and Riverside Vineyards agree to resolve a dispute in arbitration. The arbitrator meets with Quarry's representative to discuss the matter without Riverside's representative being present. Is this normally allowed during arbitration?

no

Under the First Amendment, in comparison with commercial speech, the protection given to obscene speech is

non-existent.

Kristen signs a one-year lease for a mobile home owned by Lamont. If Kristen dies during the lease term, the lease interest

passes to Kristen's heirs as personal property.

A ________________________ is a legal authority that a court may consult for guidance, but that is not binding on the court.

persuasive authority

Earl buys a fishing license and goes fishing. He catches a trout, cleans it, cooks it, and eats it. Earl's acquisition of the trout is by

possession.

Mike owns a beach house in North Carolina in fee simple. This ownership interest is

potentially infinite in duration.

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

privacy

Legislative rulemaking under the Administrative Procedure Act (APA) typically involves all, but which one of the following three steps:

public hearing

Barry and Marie's child Macy is very ill. The hospital determines that she needs a blood transfusion in order to survive. Barry and Marie argue that a blood transfusion is against their religion, and to force them to allow it would be a Constitution infringement on their religious rights. The government could step in and allow it under

public policy exception.

Cody makes a business decision based on financial outcomes alone, and then attempts to argue that it is ethical as well. Cody is

rationalizing his decision.

This is what distinguishes a joint tenancy from a tenancy in common

right of survivorship

To avoid unethical practices by a foreign supplier, an effective business practice is to

routinely monitor the foreign workplaces.

An overemphasis on this, is the most common reason for ethical problems in the workplace:

short-run profit maximization.

A person must have _______________________________, or a sufficient "stake" in the matter to justify seeking relief through the court system.

standing to sue

Fifi, an independent contractor and technical writer, has a computer in her office. She has a copyright on her most recent work, Guide to Coding. Her tangible personal property includes

the computer

One party wants to file a suit against another. For a court to hear the case,

the court must have jurisdiction over the parties, as well as the subject matter at issue.

An automobile repair shop can retain a customer's car under an artisan's lien when

the customer refuses to pay for repairs already completed.

The principle that people in society are free to act as they please so long as their actions do not infringe on the interests of others is known as

the duty of care.

With respect to what society will tolerate, a company's compliance with the law, and no more, is

the moral minimum.

Flo, the manager of Grounds Maintenance Inc., must decide whether to use an herbicide that could be unhealthy to employees. They want to use it (as well as the public) once it is on the ground. Flo might lose the client if she refuses to use the herbicide. If Flo analyzes the importance of good health and the avoidance of disease as the rights of people in making her decision, she is likely using

the principle of rights theory.

The identity of the party who receives a benefit from an ordinary bailment dictates

the rights and liabilities of both parties.

A law based on a suspect trait will not stand under the equal protection clause, even if it is necessary to promote a compelling government interest.

False

A state supreme court is considered a federal court

False

Federal agency regulations do not take precedence over conflicting state regulations.

False

Independent regulatory agencies are not subject to the authority of the president.

False

_______________ may be best suited for resolving small- to medium-sized business liability claims, which may not be worth the expense of litigation or traditional ADR.

Online dispute resolution

A court might look at fairness, social values and customs, and public policy in deciding a case if there is no precedent.

True

Failing to strictly follow the procedural rules and standards for determining disputes in courts is likely to affect the outcome in a particular case.

True

For purposes of diversity jurisdiction, a corporation can be considered a citizen of the state where their principal place of business is located.

True

The common law is a body of law developed from judicial decisions.

True

The most "formal" form of alternative dispute resolution is arbitration.

True

The system of checks and balances in the U.S. Constitution allows each branch of government to limit the actions of the other branches

True

The system of checks and balances in the U.S. Constitution allows each branch of government to limit the actions of the other branches.

True

Pros in Politics, a bookstore in Capitol City, sells publications that criticize government actions and policies. The city enacts an ordinance prohibiting the sale of such materials in the interest of preserving public tranquility. This ordinance is most likely constitutional under the First Amendment.

an unconstitutional restriction of speech.

VidGames, Inc., markets a variety of shooting, fighting, and hunting video games. A state statute is enacted to require all game makers to label any games with an option to kill something as "excessively violent." A court would likely hold this regulation to be

an unconstitutional restriction of speech.

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 objective.

Cornel and Deanna resolve their dispute over the destruction 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 would be:

arbitration.

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

equal protection.

Under the U.S. Constitution, Congress has the power to regulate

every commercial enterprise in the United States.

Tyler, a citizen of Utah, files a suit in a Utah state court against SeaCoast Sales Corporation, a Washington state company that does regular business in Utah. Utah state court would have jurisdiction over SeaCoast because of:

long-arm and minimum contacts jurisdiction.

The courts have developed a standard, called a ___________________ standard, for determining when the exercise of jurisdiction over an out-of-state defendant is proper.

sliding scale

Numerous federal courts now hold _____________________________ (another type of ADR), in which the parties present their arguments and evidence, and the jury renders a verdict.

summary jury trials

A______________________ consists of a document that notifies a defendant that a legal action has been commenced against them, and that they must appear in court to answer the complaint.

summons

Mary creates a t-shirt design that expresses support for Nash, a presidential candidate, and distributes t-shirts to all of her friends. The t-shirts are an example of

symbolic speech.

Georgia 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. Price-Lo Stores files a suit to block the law's enforcement. The court would likely hold that this law violates

the establishment clause.

Each court has a jurisdiction. Jurisdiction is best defined as

the geographic area in which a court has the power to apply the law.

The term checks and balances refers to the system under which

the powers of government are divided among its branches, each of which exercises a check on the actions of the others.

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

the process is not as adversarial as litigation.

Under the U.S. Constitution, the federal government has the power to regulate commercial activities among the states. This grant implies that the regulation of such activities is not within the authority of

the states