Legal Env. to Business Ch. 3 and 4

In Jones v. Clinton, the court held that: A. Paula Jones did not demonstrate the essential elements for her claim B. Paula Jones was entitled to a summary judgment C. the case be dismissed because of the President's governmental position. D. President Clinton failed to comply with a discovery order.

A. Paula Jones did not demonstrate the essential elements for her claim.

The last protected trait added by Congressman Smith of Virginia to the bill which became Title VII of the Civil Rights Act of 1964 was A. sex (gender) B. sexual orientation C. national origin D. race.

A. Sex

The primary trial court in the federal system is the A. United States district court B. United States Supreme Court C. United States Appellate courts D. various appeals courts

A. United States district court

The United States has taken a position that legal issues are best resolved by lawsuits involving parties with conflicting interests presenting their strongest possible case to a neutral fact-finder. Because of this, the legal system in the United States is considered. A. an adversary system B. a conflict system C. an alternative dispute resolution system D. a mediation system.

A. an adversary system

According to your text, the biggest change in litigation in the last decade had been A. an explosive rise of electronic discovery B. a decrease in the use of discovery C. the replacement of interrogatories with depositions D. the use of juries in appellate courts

A. an explosive rise of electronics discovery

Judge Zellar was asked to decide if a plaintiff could see the interrogatories procured by the defendant. The judge viewed the documents alone and decided that they should be made available to the plaintiff. The judge made: A. an in camera inspection B. a motion to compel answers to interrogatories C. a request for admission D. a request for the production of documents

A. an in camera inspection

The Administrative Procedure Act A. applies to all federal agencies B. applies to executive branch agencies but not to independent agencies C. applies to independent agencies but not to executive branch agencies. D. does not apply to federal agencies

A. applies to all federal agencies.

In a civil case, the plaintiff must prove the case A. by a preponderance of the evidence B. by clear and convincing evidence C. beyond a reasonable doubt. D. None of the above; the burden of proof is on the defendant

A. by a preponderance of the evidence

Which statement is correct concerning judicial review of an administrative agency's action? A. courts usually accept the facts of the case as determined by the agency and often defer to the agency's interpretation of the law B. courts conduct a de novo review of the case C. courts ignore the facts of the case D. courts substitute their opinion for that of the agency.

A. courts usually accept the facts of the case as determined by the agency and often defer to the agency's interpretation of the law.

After the plaintiff has presented her case, the defendant may be granted a: A. directed verdict B. summary judgement C. judgment NOV D. judgment on the pleadings

A. directed verdict

The concept of stare decisive focuses most on: A. predictability B. flexibility C. legislative D. change

A. predictability.

If in 1900 the Minnesota Supreme Court ruled that a minor can void a contract at any time during minority and in 2008 the courts in Minnesota still follow this ruling, this is an example of: A. stare decisis B. the bystander rule C. statutory law D. enabling legislation

A. stare decisis

Hurt and Collins decide to have their dispute arbitrated by Corrales. Which of the following will NOT be a result of the arbitration? A. Corrales will render a binding decision B. Holt and Collins retain the right to a class action C. Holt and Collins give up the right to discovery. D. Corrales need not give reasons for the decision.

B. Holt and Collins retain the right to a class action.

What is the major distinction between executive and independent agencies? A. executive agencies govern business issues while independent agencies regulate individual matters. B. President has greater control over executive agencies. C. Administrative Procedure Act regulates independent agencies but not executive agencies. D. Subpoenas may be issued by independent agencies, executive agencies do not have subpoena power.

B. President has greater control over executive agencies.

Tina wishes to learn what records the IRS has about her. Under the Freedom of Information Act (FOIA), A. Tina can only obtain copies of declassified information B. Tina is entitles to all information the IRS has about her. C. Tina can only obtain information about the IRS, not records concerning herself. D. Tina cannot obtain any information since the IRS is exempt from the FOIA.

B. Tina is entitled to all information the IRS has about her.

SharCo and Blyron Productions are each applying for a television license. In deciding which applicant is better qualified, the FCC will hold an initial hearing before: A. the OSHA B. an administrative law judge C. an administrative mediator D. a House-Senate Conference Committee

B. an administrative law judge

Which of the following statements is most accurate regarding appellate courts? A. appellate courts often hear new evidence and testimony B. appellate courts generally accept the factual findings of the trial court. C. only the federal court system has appellate courts D. appellate courts hear only criminal cases.

B. appellate courts generally accept the factual findings of the trial court

A party that wants the Supreme Court to review a lower court ruling must: A. present a non obstante veredicto B. file a petition for a writ of certiorari C. file a petition for a voir dire. D. present a motion to dismiss.

B. file a petition for a writ of certiorari

Psychologist Holtz is working with a patient, Rebecca, who has expressed the intention to seriously harm two of her acquaintances. If you apply the principle set forth by the Supreme Court of California in the Tarasoff v. Regents of the University of California case, Psychologist Holtz: A. has, because of the bystander rule, no duty to warn the foreseeable victims about Rebecca's expressed intention to harm them. B. has a duty to exercise reasonable care to protect foreseeable victims of Rebecca's violence. C. is in a special relationship with patients, and this relationship creates a privilege of confidentiality between the communicants. D. will be held to a strict duty of care and will be held liable for any victim's injuries if Holtz failed to warn them of Rebecca's potential violence toward them.

B. has a duty to exercise reasonable care to protect foreseeable victims of Rebecca's violence

Which of the following is an accurate statement regarding Alternative Dispute Resolution (ADR)? A. it is a much slower process than litigation B. it keeps the parties involved talking rather than fighting C. it tends to be more expensive than litigation D. it only takes place in federal courts

B. it keeps the parties involved talking rather than fighting.

Administrative agency rules consists of A. executive and independent rules. B. legislative and interpretive rules C. informal and "notice and comment" rules. D. promulgated and unpromulgated rules

B. legislative and interpretive rules

TECO Coal Corporation is interested in the inspections that the U.S. Bureau of Mines has conducted over the past year. To secure this information, TECO should: A. issue a subpoena duces tecum. B. make a Freedom of Information Act request. C. make a de novo request. D. assert the substantial evidence rule.

B. make a Freedom of Information Act request.

Jurisdiction can be described as A. the study of law B. the authority of a court to decide a particular type of case C. court cases involving the U.S. Constitution or a federal statute D. the burden of proof

B. the authority of a court to decide a particular type of case.

Congresswoman Sloan introduced a bill in the House of Representatives. If the bill is approved by the House committee specializing in that subject, the bill will go to A. a Senate committee specializing in the subject matter of the proposed legislation. B. the full House C. a Conference Committee made up of representatives of both the House and Senate. D. the voters of her state for approval.

B. the full House

Which law imposes controls on federal agencies by requiring basic fairness in areas not regulated by enabling legislation? A. 1964 Civil Rights Act B. Clean Agency Act. C. Administrative Procedure Act D. Freedom of Information Act.

C. Administrative Procedure Act

A civil case generally proceeds as follows: A. answer, complaint, discovery, trial verdict B. complaint, answer, trial, discovery, verdict C. complaint, answer, discovery, trial, verdict D. discovery, complaint, answer, trial, verdict

C. complaint, answer, discovery, trial, verdict

Statutory law is to legislative bodies as common law is to: A. rulemaking B. agencies C. courts D. administrative regulations

C. courts

When an appeal is filled with the U.S Supreme Court, the Supreme Court A. must hear the case if the validity of a federal statute is in question B. must hear the case if two or more U.S. courts of appeals have decided the legal issue differently. C. has discretion as to which cases it hears. D. must hear all cases

C. has discretion as to which cases it hears

An inmate in a state prison claims his United States constitutional rights prohibiting cruel and unusual punishment are being violated by the state correctional facility. This case: A. may not be decided by a federal court since it involves a state facility. B. must be decided by the state court where the inmate established residency before going to prison. C. is a federal question case over which the federal courts have jurisdiction. D. cannot be heard, as prisoners lose the right to sue.

C. is a federal question case over which the federal courts have jurisdiction

The fastest growing method of dispute resolution in the United States is A. Arbitration B. Negotiation C. Mediation D. Litigation

C. mediation

Bert had his driver's license suspended by the state department of transportation. He believes his constitutional due process rights were violated by the administrative agency. Can he immediately file a court action to have agency's actions reviewed? A. yes. A court has the jurisdiction to immediately review an agency's alleged unconstitutional action. B. yes. Bert must specifically allege his constitutional rights have been violated and file a court action in federal court - not a state court. C. no. Bert must first exhaust all possible appeals within the agency itself before he seeks judicial review by a court. D. No. a court of law does not have jurisdiction to review an administrative agency's actions.

C. no. Bert must first exhaust all possible appeals within the agency itself before he seeks judicial review by a court.

The Consumer Product Safety Commission (CPSC) is an independent administrative agency. Which statement is correct about the chairperson? A. the chairperson serves at the whim of the President and can be fired at any time. B. the chairperson can only be fired by the President for good cause C. the chairperson cannot be fired by the President since the CPSC is an independent agency. D. the chairperson has a lifetime appointment and cannot be fired.

C. the chairperson cannot be fired by the President since the CPSC is an independent agency.

Assume that in December 2006, the Environmental Protection Agency (EPA) filed an administrative complaint against Marlin Firearms Co. alleging that the company exceeded chromium emissions limits. The EPA proposed a $257,162 fine. Which statement is correct concerning the administrative agency adjudication? A. a jury decides the matter B. the Federal Rules of Criminal Procedure govern the admissibility of evidence C. the losing party has a right to appeal D. the parties are not represented by attorneys.

C. the losing party has a right to appeal.

Of all forms of dispute resolution, which one probably offers the strongest "win-win" potential because its goal is voluntary settlement? A. litigation B. arbitration C. Jurisdiction D. mediation

D. Mediation

Which of the following is NOT an example of a trial court of limited jurisdiction? A. a probate court B. a juvenile court C. a small claims court D. a general civil division court

D. a general civil division court

The Environmental Protection Agency was investigating whether Exgrow, Inc. violated the Clean Air Act. Exgrow refused to give the EPA its computerized reports concerning pollution. TO get the reports, EPA should use: A. a stare decisis B. a de novo C. an excaliber D. a subpoena duces tecum.

D. a subpoena duces tecum.

Denzil was one of 50,000 people defrauded of $40 in an advertising scam. His best course of action to recover his money is to: A. mediate the claim with the advertiser B. bring an individual lawsuit against the advertiser in a state appellate court. C. bring an individual lawsuit in a U.S. District Court D. become part of a class action lawsuit, which might include plaintiffs who are unaware of the lawsuit or are even unaware they were harmed.

D. become part of a class action lawsuit, which might include plaintiffs who are unaware of the lawsuit or are even unaware they were harmed.

Roberto sued Monica for injuries received in a traffic accident. If Monica does not respond to the complaint and summons served by Roberto within the prescribed time limits, Roberto may obtain a: A. judgment on the pleadings B. summary judgment C. pretrial conference D. default judgment

D. default judgment

Federal jurisdiction based upon a "federal question" includes cases based on: A. the United States Constitution B. a federal statute C. a federal treaty D. diversity

D. diversity

The U.S Supreme Court was asked to decide whether same-sex sexual harassment is a violation of Title VII of the Civil Rights Act. This law forbids discrimination in employment on the basis of sex. In interpreting statutes, the court may use all of the following except: A. the plain meaning rule B. legislative history C. public policy D. enabling legislation

D. enabling legistation

Karen is a strong swimmer. One afternoon she is having a picnic at a lake and sees a man she does not know drowning. Generally, Karen: A. has a legal duty to rescue the man. B. has a legal duty to rescue the man, but only if her efforts will not pose a serious threat to her own safety. C. has a legal duty to rescue the man since, as a strong swimmer, she is treated as a "special class" of persons who must get involved in such situations. D. has no legal duty to rescue the man.

D. has no legal duty to rescue the man.

After answering a summons and complaint, Mike received a set of written questions from the plaintiff's attorney. He was directed to respond to the questions in writing under oath. This discovery technique is called: A. a request for admission B. a request for the production of documents C. a deposition D. interrogatories

D. interrogatories

A jury decision in a civil case: A. must always be unanimous B. must be reached in the same day the case is heard. C. depends on whether or not the parties have agreed to have their case decided by less than a unanimous verdict. D. is achieved by informal deliberations.

D. is achieved by informal deliberations.

A subpoena duces tecum is different from an ordinary subpoena in that a subpoena duces tecum: A. can only be given to an expert to require a personal appearance before a court or administrative hearing. B. is binding on a person even if it is mailed to the person rather than handed to her by a process server. C. allows for privileged or confidential information to be turned over the a court or administrative agency. D. requires the person to bring specified documents to the court or administrative hearing.

D. requires the person to bring specified documents to the court or administrative hearing.

The Administrative Procedure Act imposes controls on agencies by requiring basic fairness in areas not regulated by the enabling legislation. This method of reining in powerful agencies is a form of: A. informational control B. political control C. judicial review D. statutory control

D. statutory control

A _____________ is a ruling by the court that no trial is necessary because there are no essential facts in dispute. A. default judgement B. long-arm statute C. federal question D. summary judgment

D. summary judgment

What two conditions must exists for federal courts to have diversity jurisdiction? A. an individual is bringing suit against a corporation and the amount in dispute exceeds $75,000. B. the plaintiff and defendant are from the same family and the amount in dispute exceeds $50,000. C. the case has been tried in two different states with two different outcomes and the amount in dispute exceeds $50,000. D. the plaintiff and defendant are citizens of different states and the amount in dispute exceeds $75,000.

D. the plaintiff and defendant are citizens of different states and the amount in dispute exceeds $75,000.

The purpose of the Freedom of Information Act (FOIA) is A. to give the government access to information concerning citizens, businesses, and organizations. B. to limit the amount of information that the government can collect about its citizens, businesses, and organizations. C. to permit warrantless searches and seizures of evidence when necessary to ensure safety. D. to give citizens, businesses, and organizations access to information that federal agencies are using.

D. to give citizens, businesses, and organizations access to information that federal agencies are using.

TECO Coal Corporation mines and ships more than six million tons of coal annually. TECO is comprehensively regulated by the U.S. Bureau of Mines. The U.S. Bureau of Mines may conduct a surprise inspection of one of TECO's mines: A. only if it has a search warrant. B. only if it has a subpoena. C. only if it has reason to believe a violation of a regulation has occurred. D. without a search warrant to ensure safety.

D. without a search warrant to ensure safety.