BUSI 2371 Exam 1

Persons who favor the creation of a federal biotech agency to regulate the production of genetically modified agricultural and animal products should concentrate their lobbying efforts on..

a. Congress

Reality Financial Corporation, a US firm, files a suit against Switzerland in a US court. Switzerland claims foreign sovereign immunity. Under the Foreign Sovereign Immunities act

a. Reality Financial must show that Switzerland is not entitled to sovereign immunity

Much of american law is based on...

a. The English Legal system

Optima Medico Corporation, a US firm, signs a contract with Pharma Beneficial, Ltd. a Canadian firm, to give Pharma the right to sell Optima's products in Canada. This is...

a. a distribution agreement

The Occupational Safety and Health Administration (OSHA) discovers that Petro Refinery, Inc., is violating an OSHAS regulation. If this situation is resolved like most such disputes, the outcome will be

a. a negotiated settlement

The functions of the National Transportation Safety board, like those of other federal administrative agencies include

a. adjudication

The Bay City Planning Department, the Coastal County Zoning Commission, the Delaware Environmental Quality Agency and the US Bureau of Land Management issue regulations. These rules constitute

a. administrative law

Martin files a suit against Nichelle in a state court over payment due on a short-term employment contract. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court.. After it's review of Martin v. Nichelle, the appellate court upholds the lower court's verdict. The appellate court has..

a. affirmed the case

Congress enacts the Ad Restriction Act to limit advertising in certain circumstances. The ARA will be considered valid if it directly advances a substantial government interest

a. and goes no further than necessary to achieve its purpose

In reviewing the actions of the US Bureau of Land Management and other federal agencies, the courts...

a. are usually reluctant to review questions of fact

HoneyBee Foods, Inc., in Illinois and Jelly Roll Pastries in Kentucky consent to have their dispute resolved in arbitration according to the law of Illinois. This is a ground for a court to

a. compel arbitration

Lyn files a suit against Karl. Karl denies Lyn's charges and sets forth his own claim that Lyn breached their contract and owes Karl money for the breach. Karl's claim is

a. counterclaim

GetTogether, A Social Media Company encourages its managers to behave ethically, reasoning that lower-level employees will take their cues from management. One of the most important ways to create and maintain an ethical workplace is for GetTogether's management to...

a. demonstrate a commitment to ethical decision making

Kimberly, the owner of Littleton Cinema, trusts Max to manage the theater's daily cash flow. One night, without Kimberly's knowledge or consent, Max takes and keeps $1000 from the receipts. This is most likely...

a. embezzelment

Fresh Harvest Company, which is based in Georgia, packages and sells vegetables. Hayden who is a resident of Indiana, buys a Fresh Harvest product, eats it, and suffers severe food poisoning. Hayden wants to file a suit against Fresh Harvest. The diversity of citizenship between these parties means that

a. federal and state courts have concurrent jurisdiction

Laird is an employee of Motor Parts, an auto parts store. On the orders of his employer, he switches trademarks on parts that come into the store to be sold to consumers. This is most likely

a. forgery

Juan is a judge. How Juan and the judges in other courts interpret a particular statute determines

a. how the statute will be applied

Skip is accused of a crime. Skip can refuse to provide information about his allegedly criminal activities...

a. if he suspects the information will be used to prosecute him

Martin files a suit against Nichelle in a state court over payment due on a short term employment contract. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. After a final determination in the case of Martin v. Nichelle any judgment will be satisfied

a. if the losing party pays the judgment

Morsels Restaurant Inc., and Nature Foods Corporation dispute a term in their contract. Oona, a third party, resolves the dispute between Morsels and Nature. In most states, Oona must issue an award or decision in writing...

a. if the resolution is involved in arbitration

Petro Refining Corporation makes payments to potential customers, suppliers, and others with whom they might do business, including foreign private companies and the representatives of foreign labor organizations. If Petro knows that these payments will be passed on to a foreign government, this practice is..

a. illegal if the payments violate the Foreign Corrupt Practices Act

Renewable Resources, Inc, files a suit against Sunrich Utility Company and seeks to examine certain documents in Sunrich's possession. A legitimate reason for this examination is that the documents contain...

a. information that is relevant to the case

In the case of Retail Sales Corp v. Trucking Delivery Co. the court may rule contrary to a precedent if the court decides that the precedent...

a. is incorrect or inapplicable

The US Fish & Wildlife Service discovers that Grosse Farm fisheries, Inc. has violated a federal regulation. If no negotiated settlement can be reached, the agency will most likely

a. issue a formal complaint against Grosse Farm

As a judge in a federal court, Christine can decide among other things, whether the laws or actions of the executive and legislative branches are constitutional. The process for making this determination is known as

a. judicial review

Leslie commits an act via e-mail against Money Investment Company, a business in New York, where the act is a cyber crime. Leslie resides in Ohio, where the act is not a crime. Prosecution of Leslie in NY involves questions of

a. jurisdiction

To Sam, the written law of a particular society at a particular time is most significant. Sam is a

a. legal positivist

The Pennsylvania legislature enacts a state law that violates the US Constitution. This law can be enforced by...

a. no one

To resolve a dispute, Ripley in South Dakota and Tyler in Utah utilize Virtual Solution, a nonbonding online dispute resolution ODR service. This limits these parties' recourse to the courts

a. not at all

The basis for India to give effect to the laws and court decisions of the US is primarily

a. respect and courtesy

In studying the business law, students also review ethics in a business context. Ethics includes the study of what constitutes

a. right or wrong behavior

Maggie and Nate enter into a contract for the sale of a car, but Nate later refuses to deliver the car. Maggie asks a court to order Nate to perform as promised. Ordering a party to perform what was promised is

a. specific performance

Global Marketing Inc, a US firm owns property in Honduras. The government in Honduras takes Global Marketing's property without paying for it. A US court will probably not examine the validity of this act committed by Honduras within its own territory, under

a. the act of state doctrine

Operational Processes, Inc., appeals a decision against it, in favor of Precision Manufacturing Corporation, from a lower court to a higher court, Operational Processes is ....

a. the appellant

State and federal transportation agencies may issue regulations that conflict. When a state regulation conflicts with a federal regulation

a. the federal regulation takes precedence

The Nebraska Supreme Court issues an opinion that can be found at 285 Neb. 88, 825 N.W.2d.429. "285" is...

a. the number of the volume in the official reports of the courts decisions

Jane enters into a contract with Jill to provide 100 roses for a dinner party. Jill fails to deliver the roses. Jane initiates a suit against Jill, asking the court to order Jill to refund Jane's payment. Jane is..

a. the plaintiff

Sara believes that she has a strong case against Tom for the breach of an employment contract. Despite this belief, Sara cannot file a suit against Tom after the expiration of the time allowed for the filing under

a. the statute of limitations

Mont Blanc S.A. a French firm, imports its goods into the US and offers those goods for sale at "less than fair value" Fair value is the price of Mont Blanc's goods in...

b. France

Ajay sells "Bulk Up" steroids over the internet. He is arrested and charged with the sale of a controlled substance. This is cyber crime, which is...

b. a crime that occurs in the virtual community on the internet

Congress enables the EPA to regulate air and water pollution. This congressional act is

b. a delegation of legislative power

To prepare for a trial between SmartPhones Inc, and Tech Apps Company, Tech Apps' attorney places SmartPhones' CEO under oath. A court official makes a record of the attorney's questions and the CEO's answers. This is...

b. a deposition

O'Reilly files a suit against Petrarch. They meet, and each party's attorney argues the party's case before a judge and jury. The jury presents an advisory verdict, after which the judge meets with the parties to encourage them to settle their dispute. This is

b. a summary jury trial

UniVision Corporation, a US company, sets up a firm in Vietnam. Univision remains in the US and retains ownership of the Vietnamese branch as well as authority & control over all phases of the operation. This is...

b. a wholly owned subsididary

Dyan, the owner of Expert Restoration Services, Inc, adheres to the "principles of rights" theory. Under this theory, a key factor in determining whether a business decision is ethical is how that decision

b. affects the rights of others

Lowell runs Medical Debt Collection Agency. He collects debts by misrepresenting the facts and pretending to be licensed to perform various occupations. Lowell's conduct most likely warrants

b. an injunction plus other sanctions

Karen is a judge hearing the case of Local dispatch Co. v. National Transport Corp. Applying the relevant rule of law to the facts of the case requires Karen to find cases on point--previously decided cases that, in relation to the case under consideration, are...

b. as similar as possible

Ryland, an officer for Sports Park, Inc., attempts to apply a duty-based approach to ethical reasoning in conflicts that occur on the job. This approach is based on the idea that a person must

b. avoid unethical behavior regardless of the consequences

Jenna files a civil suit against Keisha. To succeed, Jenna must prove her case...

b. by preponderance of the evidence

The Iowa Supreme Court rules against Jennifer in a case against Kut-Rate-Stores, Inc. Jennifer wants to appeal her case to the US Supreme Court. She must ask the Court to issue a writ of...

b. certiorari

Marcus files a suit against Naomi in an Ohio state court. Naomi's only connection to Ohio is an ad on the Web originating in Pennsylvania. For Ohio to exercise Jurisdiction, the issue is whether Naomi, through her ad, has...

b. conducted substantial business with Ohio residents

Palette Paints, Inc expends funds and takes steps to ensure that all employees are safe on the job, that all products are safe for consumers, and that the environmental impact of the corporation is minimal. Palette Paints appears to believe in the concept of

b. corporate social responsibility

Rodrick, the CEO of Social Post Host Inc claims that certain actions by the state of Texas infringe on rights guaranteed by the Bill of Rights. Most of these guarantees have been held to limit

b. federal and state actions

The US Food and Safety Inspection Service conducts searches of certain businesses. This agency and other administrative agencies can conduct warrantless searches in..

b. highly regulated industries

Posing as Platinum Bank, Quentin e-mails Rachel, asking her to update her personal banking information through a link in the e-mail. She clicks on the link and types in the data, which Quentin promptly sells to Spence. This is...

b. identity theft

Owen uses the Internet to defraud Prairie Valley Credit Union. He is found guilty of wire fraud. He can be punished by

b. imprisonment for up to 30 years and fines up to $1 million

Selena's Fajitas, a fast food outfit, files a suit against the state of Texas, claiming that a TX state law violates the commerce clause. The court will agree if the statute imposes a substantial burden on

b. interstate commerce

Taco Hot Dogs, Inc., regularly advertises its products. Under the First Amendment, in comparison with noncommercial speech, the protection given these ads is

b. less extensive

Desdemona works for e-Innovation, inc. Her job includes putting "spin" on the firm's successes and failures. In this context, ethics has to do with how businesspersons, in making their decisions, apply

b. moral and ethical principles

Reno, driving while intoxicated, causes a car accident that results in the death of Santo. Reno is arrested and charged with a felony. A felony is a crime punishable by death or imprisonment for..

b. more than one year

Keralyn creates a Web site to post threatening messages about celebrities. The first amendment protects such speech

b. none of the time

Jon, a law enforcement official, monitors Kelsey's Internet activities--email and website visits--to gain access to her personal financial data and student information. this may violate Kelsey's right to...

b. privacy

Lewis wants to file a suit against Mikayla. Before any court can hear the case

b. the court must have jurisdiction

In an effort to reduce traffic, Bay City 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

b. the equal protection clause

The Constitution sets forth specific powers that can be exercised by the national government and provides that the national government has the implied power to undertake actions necessary to carry its expressly designated powers. Under the tenth amendment, all other powers are expressly reserved to

b. the states

The Long-haul Truckers Association wants the federal government to spend funds to build a new highway. Congress can spend revenues

b. to promote any objective it deems worthwhile

Yokio Ltd., and Zeno, S.A., transact an international sale of goods. At the request of these parties, a court in Portugal resolves a dispute between them. A US court will most likely honor the judgment...

b.. if it is consistent with Portuguese laws & public policy

Transcontinental Tours, a US firm, and Victoria Hotels, Ltd. a Canadian firm, enter into a contract that does not have a forum-selection or choice of law clause. Litigation between Transcontinental and Victoria over a dispute involving this contract occur in

c. Canada, the US, or both

The government of Korea sets a limit on the amount of rice that can be imported from the US. This is

c. a quota

Eartha receives from Fergie a guitar stolen from Harper. To be criminally liable, Eartha must

c. know the guitar is stolen

Milo files a suit against Otis. At the trial, each party's attorney presents the party's case before a judge who hears the dispute and renders a legally binding decision. This is

c. litigation

Donatello files a suit against Erasmus. Before going to trial, the parties meet, with their attorneys to represent them, to try to resolve their dispute without the involvement of a third party. This is

c. negotiation

Larry enters into a contract with Motivational Education Services to host a panel discussion at a sales conference. When the conference is postponed indefinitely, Larry asks a court to cancel the contract and return the parties to the positions that they held before its formation. This request involves...

c. recission

Dynamic Oil Corporation, a US firm, owns property in Ecuador. When the government of Ecuador seizes the property, Dynamic Oil asks a US court to order the property's return. The court rules that Ecuador is exempt from the court's jurisdiction. This is

c. the doctrine of sovereign immunity

Grid Tool & Hardware Company is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, Grid Tools wants a court to review it. First, however, the firm must use all of the potential administrative remedies. This is

c. the exhaustion doctrine

Suisse Internationale, a Swiss maker of athletic equipment, enters into a price fixing agreement with Total World Sports, a US wholesaler of Suisse's products. US Courts will apply US antitrust laws if ...

c. the price fixing has a substantial effect on US commerce

Bean House Coffees and Java Distributors Inc, have a long standing business relationship that they would like to continue. For this reason, they may prefer to settle any dispute between them through facilitation because

c. the process is not adversarial

A statute enacted by the Arizona state legislature to regulate trucking affects interstate commerce. In evaluating this statute, the courts will balance the burden that it imposes on interstate commerce against

c. the state's interest in regulating the matter

Gem programs software to prompt a computer to continually crash and reboot. Gem intends to install this program on various companies' computer systems without the companies knowledge. The program can reproduce itself, but must be attached to a host file to travel form one computer network to another. This program is a

c. virus

The US Patent & Trademark Office wants to review certain records of Omni App Corporation. The USPTO can legitimately gain access to the records through

d. Omni App's voluntary compliance

Closed meetings of the NSA and other federal administrative agencies are permitted...

d. all of the choices

Big Deal! Marketing Company, a US firm, signs a contract with Comercio Exterior, Ltd. a Chilean firm, to give Comercio the right to use Big Deal!'s animation techniques and characters in product promotions. This is a

d. licensing

Fresh Meds, inc, a US firm, contracts with Gong Lt., a Hong Kong firm, allowing Gong to use and profit from Fresh Meds' patented products. This is...

d. licensing

The Montana Supreme Court rules against Natural Grocery Mart in a case against One Stop 2 Shop Stores, inc. Natural Grocery files an appeal with the United States Supreme Court. The Court does not hear the case. This

d. means that the Montana court's decision is the law in Montana

The least expensive method of resolving a dispute between Ronald and Sharon may be

d. negotiation because no third parties are needed

Discount Mart Corporation contracts with companies in developing nations to produce goods, because the wage rates in those nations are significantly lower than those in the US. Discount Mart takes steps to avoid bad publicity by monitoring its suppliers' workplaces to make sure that the employees are not mistreated. Discount Mart

d. not acting unethically

Transnational Corporation and United Shipping Inc., agree to a contract that includes an arbitration clause. If a dispute arises, a court having jurisdiction may...

d. order a party to submit to arbitration

Secure Investments, Inc, a US firm, expands into international markets through a joint venture. In this situation, Secure Investments owns

d. part of the operation

Klay arrests Leonida on suspicion of embezzlement. According to the US Supreme Court in Case 7.3, Miranda v. Arizona, Leonida must be apprised of certain constitutional rights

d. prior to any police interrogation

Congresswoman Smith and other politicians want to prohibit the import of certain genetically modified agricultural products that they believe may pose a danger to domestic crops. With respect to these products' import, Congress can

d. prohibit the imports

First community credit union and General Hydraulics Inc., have their dispute resolved in arbitration. Before determining the award, the arbitrator meets with First Community's representative to discuss the dispute without General Hydraulics' representative being present. If this meeting substantially prejudices General Hydraulics' rights, a court will most likely...

d. set aside any award

Charles is a federal judge whose judicial decisions are part of case law, which does not include interpretations of

d. sound bites in the media

The government of North Korea violates an international law. Persuasive tactics to remedy the situation fail. The only recourse of other nations is to

d. take coercive action-sever relations, impose boycotts, go to war

A provision in the California state constitution conflicts with a provision in the US Constitution. If challenged

d. the US Constitution, not the state provision, will be enforced

Michael, a citizen of Ireland, and Nina a citizen of the US, enter into a contract. When Nina breaches the contract, Michael obtains an award of damages in an Irish court. He asks a US court to enforce the award. The US court defers to and enforces the Irish court's decree. This is

d. the principle of comity

During the trial phase of Soft Drink Soda Corporation's suit against TimeOut Convenience Stores Inc, their attorneys engage in voir dire. This is...

d. the selection of jurors

Ballpark Sportsfield, Inc., files a suit against Concessions & Tailgate Services. The document that informs Concessions & Tailgate that it must file an answer within a specific time period is...

d. the summons

Green Hybrid Auto Corporation pays its executives an excessive amount relative to what lower level employees at the company receive and to what executives at competitive companies are paid. Green Hybrid's pay scale is most likely to be challenged as

d. unethical

Maxi Retail Corporation is subject to a decision by the National Labor Relations Board. Maxi Retail appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision

d. was plainly contrary to the evidence

Chaz uses his computer to secretly install software on thousands of personal computers without their owners' knowledge. The program can reproduce itself and spread from one computer to another via any USB port. This program is a

d. worm