Legal Test 1

Federico and Gwen are involved in a court proceeding to enforce a right. This is

An Action

Two business companies dispute the quality of goods delivered by the seller and the price agreed to by the buyer. With regard to this dispute, the two firms can

Any of the choices

The classification of law that concerns the rights and duties that exist between persons and between citizens and their government is

Civil Law

A party does not need to have legitimate grounds to appeal a trial court's decision.

False

Appellate courts have no discretionary power to reject an appeal—appellate courts must accept all appeals.

False

In a case involving Internet transactions, jurisdiction is proper only when the defendant conducts substantial business in the jurisdiction online.

False

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

False

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

False

Outcome-based ethics deals with traditional standards of behavior.

False

Rationalization is the process of making a logical decision based in evidence and an analysis of the ethical dimensions of the decision.

False

Under the categorical imperative, an unethical decision that would have only a small impact is acceptable as long as no one else in society acts the same way.

False

When profit maximization is the goal, a company does not benefit from ethical behavior.

False

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

The Food and Drug Administration (FDA) is an executive agency. As an executive agency, the FDA is subject to the authority of

The President

A motion to dismiss asserts that a claim has no basis in law

True

A motion to dismiss asserts that a claim has no basis in law.

True

A question of law is generally the focus of an appellate court.

True

Congress enacted the Sarbanes-Oxley Act to help reduce unethical management decisions.

True

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

True

It can be difficult to predict with certainty how a court will apply a given law to a particular action.

True

Outcome-based ethics determines what is ethical by looking at the potential benefits and harms of a given action.

True

When concurrent jurisdiction exists, the decision of whether to litigate in a federal or state court can be affected by the availability of different remedies.

True

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.

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

Beth files a suit against Cruise Line, Inc. Cruise 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. Cruise can support this response with witnesses' sworn statements. Cruise should file with the court

a motion for summary judgment

In a suit against Guillermo, Hailey obtains an award of damages. This is

a payment of money or property.

The means to enforce a right or compensate for the violation of a right is

a remedy

Home Care Company is charged with violating a rule of the Social Security Administration. Most likely, Home Care will be required to appear at a hearing presided over by

an administrative law judge.

Gina and Harry present their case to an Idaho state court for resolution. The court defers to a different Idaho court's findings of fact in the case, and focuses on the application and interpretation of the law to the dispute. The court currently deciding Gina and Harry's dispute is

an appellate court.

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.

Questions of what is ethical involve the extent to which a company has

an ethical duty beyond those duties mandated by law.

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

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

Applying the relevant rule of law to the facts of a case requires a judge to find previously decided cases that, in relation to the case under consideration, are

as similar as possible

The Uniform Commercial Code provides a set of rules governing

commercial transactions.

Neville files a suit against Olina. To obtain information to prepare for trial, the parties engage in discovery. This includes gaining access to each other's witnesses and other types of evidence by

depositions, interrogatories, and other procedural devices.

If a company strictly complies with existing laws, the firm will

fulfill some business ethics obligations.

The triple bottom line looks at all of the following except

how decisions impact the relationship between the U.S. and other nations.

To benefit from international trade, individual nations agree to be governed by

international law.

An ethical code of conduct is not

law

Secondary sources of law include

legal scholars' research

A constitution sets forth a government's

limits and powers

At one time, a court of law could grant as a remedy only

monetary damages

In a civil case, the object is to

obtain a remedy to compensate the injured party.

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

outcome-based ethics.

Common law rules develop from

principles underlying judges' decisions in actual controversies.

Lucy is a business manager for Manufacturing Company. Ethical issues that Lucy is not likely to encounter include determining

protocols for company meetings

When making decisions that are ethical under either profit maximization or corporate citizenship theories, a business should include all of the following steps except

publicize the options you rejected with your reasons.

Service Employees International Union and Timberline Products, Inc., have their dispute resolved in arbitration. The arbitrator decides issues that the parties did not agree to submit to arbitration. This is a ground for a court to

set aside the award.

Laws enacted by legislative bodies at any level of government make up the body of law generally referred to as

statutory law

Laws enacted by legislative bodies at any level of government make up the body of law generally referred to as

statutory law.

Tyler, a citizen of Utah, files a suit in a Utah state court against SeaCoast 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 National Restaurant Association announces a new industry code of ethics. The effectiveness of this code will be determined by

the commitment of management to enforcing the code.

Each court has a jurisdiction. Jurisdiction is best defined as

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

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

the lowest ethical level.

Administrative law includes

the rules, orders, and decisions of a government agency.

A federal court will apply federal law in a case involving a federal question.

true

An appellate court can modify a trial court's decision, in whole or in part.

true

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

true

Cattle House Steaks, an Alabama company, enters into a contract 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.

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

very important.

Criminal statutes proscribe

wrongs committed against society for which society demands redress.