Quiz 1
Which of the following is true regarding alternative dispute resolution (ADR) compared to litigation?
ADR could potentially cost a fraction of normal litigation costs.
What are the two primary roles of the judiciary?
Adjudicate disputes and exercise judicial review
Suppose that a civil trial court in Mecklenburg County, North Carolina hears an automobile accident case and renders a judgement in favor of the plaintiff for $125,000. The trial court decision in this case is an example of what role of the judiciary?
Adjudicating disputes
Which of the following is true regarding venue?
An argument supporting a change of venue in a criminal case is that an out-of-area jury will be more impartial and less influenced by the media.
Which of the following articles of the United States Constitution establishes the judicial branch of government, including a U.S. Supreme Court?
Article III
Which of the following articles of the United States Constitution establishes the Constitution and federal law as the supreme law of the land?
Article VI
Which of the following is true regarding dispute resolution and business planning?
Business managers and owners have an ever-increasing number of options to resolve disputes within and outside the legal system.
Which of the following sources of law is the foundation for all other law in the United States?
Constitutional
Suppose that Aja, a disabled resident of Massachusetts, is denied employment at Stapler's Office Supplies, Inc., a corporation headquartered in Massachusetts. Aja believes Stapler's did not offer him a position due to his disability, and he is considering suing Stapler's for violation of the Americans with Disabilities Act, a federal law. (In fact, the Equal Employment Opportunity Commission has already investigated Aja's claim, concluded that his claim has merit, and issued him a "right-to-sue" letter.) If Aja chooses to proceed with litigation, in which court should he file his claim?
Federal court, since the Americans with Disabilities Act (ADA) is federal law
Thom Richardson and Amanda Starnes, both residents of Pennsylvania, are divorced. Pursuant to court order, Thom has been required to make scheduled alimony payments to Amanda (Thom was always the "bread-winner" in the family, although he has consistently been a low-income earner.) Amanda has made a deal with the state of Pennsylvania to transfer her right to receive alimony payments from Thom in return for scheduled welfare payments from the state. Per the terms of the deal, Thom will be required to make his alimony payments directly to the state (The actual amount of the alimony payments did not change.) Thom was not informed of the meetings to arrange the deal between his ex-wife and the state, and when he learned of the arrangement via an official mailing from the state, he was furious, believing his rights were violated. What is Thom's best constitutional argument regarding the agreement between Amanda and the state of Pennsylvania?
He can claim that his procedural due process rights were violated.
Which of the following is true regarding venue?
In a criminal case, venue is ordinarily where the crime was committed.
Which of the following is true regarding justice?
In a just system, legal principles apply equally to all parties regardless of their position in society or wealth.
Which of the following is true regarding a counterclaim?
In some states, a counterclaim is called a countersuit
Which of the following is true regarding the moderate view of corporation social responsibility (CSR?)
It emphasizes the role that government and regulatory agencies play in setting the outer limits of corporate social responsibility.
Which of the following is true regarding the definition of the term "law" throughout recorded history?
It has been defined in a variety of ways throughout history.
Which of the following is true regarding constitutional originalism?
It is associated with the late United States Supreme Court justice Antonin Scalia.
Which of the following is true regarding mediation?
It is relatively informal.
Which of the following are the two steps required to amend the United States Constitution under Article V?
Proposal and ratification, along with the approval of supermajorities at each step
Which of the following sources of law is created by a legislative body and either approved or disapproved by the executive branch of government?
Statutory
Which of the following is true regarding a community-based nonprofit?
Surplus earnings are reinvested in activities that achieve the company's social mission.
Which of the following amendment(s) to the United States Constitution declare(s) that no person shall be deprived "of life, liberty, or property, without due process of law?"
The Fifth and Fourteenth Amendments
Which amendment to the United States Constitution proclaims that "No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner prescribed by law?"
The Third Amendment
Which of the following is true regarding the power of the United States Congress to regulate purely intrastate commerce?
The U.S. Congress has the power to regulate intrastate commerce if the activity in the aggregate produces a substantial economic effect on interstate commerce.
Which of the following is true regarding the judiciary's adoption of the Zippo standard?
The Zippo standard has been adopted by a majority of federal circuits, as well as by several state courts.
The United States Congress's power to establish a space exploration agency such as the National Aeronautics and Space Administration (NASA) is an example of which approach to constitutional interpretation?
The living Constitution theory
Which of the following is a recognized requirement for standing to sue?
The party asserting the claim must articulate what legal redress exists to compensate for the injury.
Which of the following is true regarding trial and litigation?
The scope of litigation is much broader than trial.
Nobel Prize-winning economist Milton Friedman's beliefs regarding corporate social responsibility (CSR) represents which of the following schools of thought that define CSR?
Then narrow view
Which of the following is true regarding ethical dilemmas faced by managers?
They are often complex, with no clear ethical choice.
Which ethical theory evaluates conduct based on whether it promotes good moral character?
Virtue ethics
Jamal was involved in an automobile accident with Zach. Jamal believes that Zach was clearly responsible for the accident, since Jamal was stopped at a stoplight when Zach's car collided with the back of Jamal's car. Jamal files a complaint and summons and serves the documents on Zach. Which of the following is true regarding Zach's response as required by the rules of civil procedure?
Zach must provide a formal answer within a prescribed time, normally within twenty days.
In 1997, a federal district court in Pennsylvania generated the first comprehensive scheme for testing a minimum-contacts analysis of personal jurisdiction based on one party's use of the Internet in its business. Named after the parties in the case, this analytical model became known as the __________ standard.
Zippo
In cases where no binding authority exists on a particular legal issue, courts may look to decisions by either lower courts or appellate courts outside of their own geographic authority for reasoning they find to be persuasive. These are known as __________.
cases of first impression
Habitat for Humanity is an example of a _________
community-based nonprofit
Generally, the law is defined as a body of rules of action or conduct prescribed by __________ authority and having __________ force.
controlling; legal binding
If the defendant does not answer the plaintiff's complaint within the prescribed time frame, he will likely automatically lose the case without the benefit of trial. This is known as a(n) __________.
default judgment
Suppose that Hickory Manufacturing, Inc., a corporation headquartered in North Carolina, believes that it is entitled to a $24,700 federal tax refund, and that the Internal Revenue Service (IRS) has wrongfully refused to issue the refund. If Hickory Manufacturing elects to sue the United States (the IRS is a federal administrative agency) to recover the refund, it must pursue the matter:
in federal court, since the United States is a party to the litigation
For larger companies or companies that have extraordinary regulatory burdens, counsel may very well be a part of the executive or midlevel management team. These attorneys are referred to as __________.
in-house council
Which of the following types of alternative dispute resolution (ADR) often involves the parties negotiating face-to-face or through intermediaries to arrive at a mutually agreeable solution without the use of a formal process?
informal arbitration
Law may be established by:
judicial decisions, legislative enactments, and actions of government agencies.
The principle that courts have the implicit authority to invalidate state or federal laws that are in direct conflict with the United States Constitution is known as __________.
judicial review
If a lower court deviates from binding precedent on a settled legal issue, the court must:
justify its decision by articulating an essential factual or legal difference from the precedent case.
The majority of companies rely on __________ for their legal needs.
law firms
Venue is the legal concept that defines the most appropriate __________ for the trial.
location
Civil litigation refers to dispute resolution processes of __________ cases in __________ courts of __________.
noncriminal; public; law
Alternative dispute resolution (ADR) refers to __________ methods by which disputes individuals or businesses are resolved __________ the federal or state court system through the help of __________.
nonjudicial; outside; third parties
When one party alleges a violation of some legal right or standard, the aggrieved party, called the __________, may bring a lawsuit against the alleged violator, called the __________, in a trial court.
plaintiff; defendant
A __________ is a document containing factual allegations that each party is required to file in a lawsuit.
pleading
The notion of applying the law of previous cases to current cases with substantially similar circumstances is called ________
precedent
Which of the following categories of law is binding between two parties even though no specific statute or regulation provides for the rights of the parties?
private
Item 2 The state of North Carolina has a three-year statute of limitations for negligence actions, meaning that the plaintiff has three years from the defendant's negligent act to file a lawsuit seeking damages. This is an example of __________ law
procedural
Appellate courts determine whether an error was made at the trial level. In cases where the error is substantial enough, a court may reverse the decision of the trial court and send the case back to the trial court. This is known as __________.
remand
Joe, a customer at the local Food Extravaganza, Inc. grocery store, was injured in a "slip-and-fall" while at the store. Apparently, a store employee had mopped the front entryway of the facility but had not placed a warning sign to advise customers of the danger, and Joe believes this is a clear case of negligence. Joe will be able to pursue litigation against the local grocery store, since he has __________ to sue.
standing
The doctrine of __________ is the principle that similar cases with similar facts and issues should have the same judicial outcome.
stare decisis
International Merchandising, Inc., headquartered in San Diego, California, contracted with Titan Shipping, Inc. to deliver certain goods to Amalgamated Retailing, Inc. in Norfolk, Virginia. The goods are destroyed in transit, and International Merchandising would like to sue Titan Shipping to recover for the loss, using the Uniform Commercial Code (UCC) for legal authority. (The UCC has been adopted in all states, and addresses title and risk of loss transfer issues in shipping contracts). In this case, the UCC is an example of __________ law.
substantive
The __________ is formal notification to the defendant that she has been named in a lawsuit and that an answer must be filed within a certain period of time.
summons
Which of the following is one of the three schools of thought that define corporate social responsibility in practice?
the narrow view
When considering whether a given action was right or wrong in the moral sense, the noted philosopher Immanuel Kant would ask "What if everybody took the same action?" This Kantian question is sometimes called a(n) __________ test.
universalization
Google LLC's widely known "Don't be evil" policy is an example of __________ management.
values
How many times has the United States Constitution been amended since its ratification in 1789?
27 times
What is the set of moral principles or core values for deciding between right and wrong?
Ethics
Which of the following is a common trait of effective values management?
Management articulates a clear vision of ethics and moral integrity through all levels of the organization.
According to the Declaration of Independence, "We hold these truths to be self-evident: that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness." This is an example of which principles-based approach to ethics?vir
Natural law theory
Which theory of ethics is a moral philosophy that certain rights and moral values are timeless, universal, and discoverable through human reason?
Natural law theory
Even when the United States Congress has not enacted legislation, the mere existence of congressional commerce powers under Article I, Section 8 of the U.S. Constitution restricts the states from discriminating against or unduly burdening interstate commerce. This is known as the __________ Clause or __________ Clause.
Negative Commerce; Dormant Commerce