BL Multiple Choice Final
Federico and Gwen are involved in a court proceeding to enforce a right. This is...
an action.
In a case based on diversity of citizenship, a court will apply...
the relevant state law.
A precedent is...
a court decision that furnishes an example for deciding subsequent cases involving similar or identical facts or principles.
Stare decisis is best defined as...
a doctrine under which judges follow established precedents.
Lazlo, a citizen of Minnesota, wants to file a suit against Nadji, a citizen of Ohio. The diversity of citizenship may be a basis for...
a federal court to exercise jurisdiction.
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 federal question is involved.
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 judge.
The United States Supreme Court issues an opinion that can be found at __ U.S. __, 138 S.Ct. 617, 199 L.Ed.2d 501. "617" is...
a page number in the referenced volume.
The availability of different remedies is a factor that can affect...
a party's decision to litigate in a certain court.
In deciding a case of first impression, appropriate sources for a court to consider include all of the following except...
a poll of those present in the courtroom at the time of the decision.
In Peyton v. Quality Motors, a state supreme court held that a minor could cancel a contract for the sale of a car. Now a trial court in the same state is deciding Rikki v. Street Deals, Inc., a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to...
allow the minor to cancel the contract.
The Uniform Commercial Code facilitates commerce...
among the states.
Book Stop, a bookstore in Capital 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...
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.
Two businesses—Berry Farms LLC and Canned Jams Inc.—dispute the quality of goods delivered by the seller and the price agreed to by the buyer. With regard to this dispute, the two parties can...
any of the choices.
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...
arbitration.
The concept of venue reflects the policy that a court trying a case should...
be in the geographic neighborhood of the incident or parties in dispute.
Primary sources of law include...
case law.
The classification of law that concerns the rights and duties that exist between persons and between citizens and their government is...
civil law.
The Uniform Commercial Code provides a set of rules governing...
commercial transactions.
Regulations issued by a state or local agency may affect all of the following aspects of a business's operations except...
compliance with conflicting federal agency regulations.
Metro City enacts an ordinance that bans the use of "sound amplifying systems" on public streets. Niles wants to campaign for a seat on the city council by broadcasting his message through speakers mounted on a truck. In Niles's suit against the city, a court would likely hold the ordinance to be...
constitutional under the First Amendment.
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...
due process
A highly successful company is most likely to behave more unethically than a less successful firm if...
employees are expected to continue performing at a high level.
Under the U.S. Constitution, Congress has the power to regulate...
every commercial enterprise in the United States.
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.
If a company strictly complies with existing laws, the firm will...
fulfill some business ethics obligations.
When the chief financial officer, or other executive, of a corporation is unsure whether a certain business action is legal, she should act...
honestly and responsibly.
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...
in rem jurisdiction.
When adopting duty-based ethics, corporations often demonstrate the duties they owe...
in their mission statements and strategic plans.
A company's ethical code of conduct is not...
law.
A constitution sets forth a government's...
limits and powers.
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...
mediation.
At one time, a court of law could grant as a remedy only...
monetary damages.
Ethics focuses on how persons making business decisions apply...
moral principles.
Under the First Amendment, in comparison with commercial speech, the protection given obscene speech is...
non-existent.
Bryan creates a website to post threatening messages about celebrities. Under the First Amendment, these messages are most likely protected...
none of the time.
Pat stands in front of Rogue's Tavern, shouting "fighting words" that are likely to incite Rogue's patrons to respond violently. The First Amendment protects such speech...
none of the time.
In a civil case, the object is to...
obtain a remedy to compensate the injured party.
According to the theory of corporate social responsibility, any decision by corporate management should consider how an action affects the firm's...
officers, shareholders, suppliers, customers, and community.
The state of Florida can regulate building contractors and building codes in the state under its...
police powers.
Dom burns a U.S. flag in his backyard. He films the activity and posts the video on YouTube.com. Dom's conduct is most likely...
protected by the First Amendment.
Ethical issues that a business manager is not likely to encounter include...
protocols for company meetings.
Making a business decision based on its projected financial outcome and then arguing that the decision is ethical is...
rationalizing the decision.
Rock Quarry Inc. and Serene Vineyards agree to resolve a dispute in arbitration. The arbitrator meets with the quarry's representative to discuss the matter without the vineyard's representative being present. If this substantially prejudices the grape grower's rights, a court will most likely...
set aside any award.
Once a court has applied a principle to a certain set of facts, that principle must be applied in future cases involving...
similar facts.
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...
standing to sue.
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...
substantial business between Jen and Heyli through Heyli's website.
Basil and other managers employed by Creosote Company are most likely to find that unethical behavior in the workplace can be deterred by...
taking immediate action in response to unethical conduct.
The utilitarian theory of ethics does not require...
the acquiring of the means of production by workers.
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...
the case is being heard for the first time.
The federal government has the power to regulate commercial activities among the states under...
the commerce clause.
Ovid wants to file a suit against Petra. For a court to hear the case,...
the court must have jurisdiction.
In addressing an ethical problem, a business decision maker evaluates possible solutions to the problem and then considers what should be done. In terms of the IDDR approach, this is...
the discussion step.
Alix posts a podcast on the Believe! website in which she insists that Congress base all federal law on her religious principles. Under the First Amendment, Alix is guaranteed...
the freedoms of religion and speech.
Each court has a jurisdiction. Jurisdiction is best defined as...
the geographic area in which a court has the power to apply the law.
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....
the natural law tradition.
Considering the triple bottom line requires looking at how business decisions impact all of the following except...
the platitudes.
The 1803 decision of the United States Supreme Court in the case of Marbury v. Madison established...
the power of judicial review.
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.
On a challenge to a provision in a state constitution that conflicts with a provision in the U.S. Constitution...
the state provision will not be enforced.
A decision on a question of state law is final when...
the state's highest court make the decision.
A federal form of government is one in which the national government shares sovereign power with...
the states.
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.
Federal regulations concerning medical devices directly conflict with a certain state law. Under the U.S. Constitution, which law takes precedence is determined by...
the supremacy clause.
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...
the supremacy clause.
The United States Supreme Court has held that a mandatory arbitration clause in an employment contract is generally enforceable because in agreeing to the clause, the parties waived...
their right to sue.
Centre City enacts an ordinance that bans the distribution of all printed materials on city streets. Diners Café opposes the city's latest "revenue-enhancing" measure—a tax on prepared food sales—and wants to protest by distributing handbills. In Diners' suit against the city, a court would likely hold the ban on printed materials to be...
unconstitutional under the First Amendment.
Build-It Inc. applied an inexpensive but untested technique to brace a transit tunnel wall. The technique was legal but the tunnel collapsed, killing several commuters. Build-It's action was...
unethical because the technique was untested.
A challenge to the constitutionality of an executive order that limits certain state actions is...
within the power of judicial review.
Criminal statutes proscribe...
wrongs committed against society for which society demands redress.
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 can be useful for Power's...
all of the choices.
Utah enacts a statute to ban advertising in "bad taste." Most likely, a court would hold this statute to be...
an unconstitutional restriction of speech.
A trial court's capacity to directly observe witnesses' gestures, demeanor, and other nonverbal behavior supports the decision of an appellate court to...
defer to the trial court's findings on questions of fact.
Secondary sources of law include...
legal scholars' research.
Common law rules develop from...
principles underlying judges' decisions in actual controversies.
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...
the establishment clause.
The jurisdiction of the federal courts is limited because...
the federal government has limited powers.
To successfully apply the concept of corporate social responsibility, the key factor is...
the relation of a social activity to a corporate business activity.
Administrative law includes...
the rules, orders, and decisions of a government agency.