Business Law 18 Chapters 1-5
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:
a direct examination.
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.
Bull files a suit against Clay in a state court over payment due on a 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.
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
all of the choices
SPF Sunscreen Corporation and Taylor agree to resolve their dispute through arbitration. The arbitrator's decision is called:
an award
Big Box Retail Stores, Inc. fires its employee Craig for criticizing his manager Daria in posts on social media forums. According to the National Labor Relations Board, this discharge is:
an ethical issue only.
Carol files a suit against Andy in a state trial court and loses. Carol can:
appeal her case.
As a judge, Baxter applies common law rules. These rules develop from:
decisions of the courts in legal disputes.
A federal law requires public libraries to install filtering software on computers to prevent children from accessing adult content online. This law:
does no substantially burden free speech.
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
. True or False. A jury instructs a judge in the law that applies in a case.
false
True or False. A choice-of-law clause is a provision in a contract that excuses a party from liability for nonperformance due to "acts of God."
false
True or False. A counterclaim is raised by a plaintiff against a defendant's answer.
false
True or False. A default judgment is entered against a party only on proof that he or she was at fault in the matter at issue.
false
True or False. A justiciable controversy is a case in which the court's decision—the "justice" that will be served—will be controversial.
false
True or False. A motion for a new trial will be granted only if the trial judge feels that it is appropriate to grant a judgment for the other side.
false
True or False. Business owners' misbehavior has no negative consequences for their business.
false
True or False. In a common law system, judges are not obligated to follow the precedents established within their jurisdictions.
false
True or False. In mediation, the mediator proposes a solution and makes a decision resolving the dispute.
false
True or False. Interrogatories are written questions for which written answers are prepared by a judge.
false
True or False. Minimum contacts with a jurisdiction are never enough to support jurisdiction over a nonresident defendant.
false
True or False. No party can appeal a judge's ruling on a pretrial motion.
false
True or False. Statutory law does not include county ordinances.
false
true or False. States do not have exclusive jurisdiction on any matter.
false
Brewster, the chief executive officer of Cog & Gear Lubricants Corporation, wants to ensure that Cog & Gear's activities are legal and ethical. The best course for Brewster and Cog & Gear is to act:
in good faith.
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
Loren stands in front of Rooster's Round-Up Café, shouting "fighting words" that are likely to incite Rooster's patrons to respond violently. The First Amendment protects such speech:
none of the time
Any decision by the management of Fast-Food Franchise Corporation may significantly affect its:
operators, owners, suppliers, the community, or society as a whole.
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
Café Espresso is a coffee shop subject to the laws of Illinois. In Illinois, the highest-ranking (superior) law is:
provision in the Illinois constitution.
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
A decision by the federal Environmental Protection Agency (EPA) on the amount of carbon that can be emitted from a car's exhaust system conflicts with a California state law. In this situation, under the supremacy clause,
the EPA's decision takes precedence.
Jack enters into a contract with Jill's Farm to provide water for Jill's irrigation needs. Jack fails to deliver. Jill initiates a suit against Jack, asking the court to order Jack to perform. Jill is:
the plaintiff
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.
A federal law prohibiting the use of a certain pesticide directly conflicts with a state law permitting that use. The state law will be rendered invalid due to
the supremacy clause.
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 that area. The state law most likely violates:
the supremacy clause.
True or False. "UCC 2-207(1)" is a citation to Uniform Commercial Code Section 2-207, subsection
true
True or False. A business firm may have to comply with the laws of any jurisdiction in which it actively targets customers
true
True or False. A case is remanded when it is sent back to a trial court for further proceedings consistent with the opinion of the appellate court.
true
True or False. A citation identifies the publication in which a legal authority can be found.
true
True or False. A court can exercise jurisdiction over property located that is located within its boundaries.
true
True or False. A law that prohibits only some persons from exercising a fundamental right will be subject to "strict scrutiny" by the courts under the equal protection clause
true
True or False. An action may be legal but not ethical.
true
True or False. Bribery of foreign government officials is both an ethical and a legal issue.
true
True or False. In a corporation, managers are often faced with ethical trade-offs when a certain decision will benefit one group, but harm another.
true
True or False. In a federal form of government, the national government shares sovereign power with the states.
true
True or False. Many different laws may affect a single business transaction.
true
True or False. Negotiation can involve the parties to a dispute and their attorneys.
true
True or False. Substantive due process limits what the government can do in its legislative and executive capacities.
true
