REAL Law Final

Marya Callais, a citizen of Florida, was walking along a busy street in Tallahassee, Florida when a large crate flew off a passing truck and hit her, causing numerous injuries. She experienced a great deal of pain and suffering, incurred significant medical expenses, and could not work for six months. She wants to sue the trucking firm for $300,000 in damages. 1. Who is the potential plaintiff in this lawsuit?

Marya

Some companies have begun to focus their decision making on the triple bottom line. Which three of the following are the three key concepts of the triple bottom line? a. corporate profits b. the impact of profits on the government c. the impact of profits on worker safety d. the impact of profits on people e. the impact of profits on the planet f. the corporate costs g. the impact of profits on prices

A, D, E

Marshall is working on a contract with a U.S. company involving the manufacturing of goods in China, and wants to ensure that U.S. law applies in the event of a dispute. He should include which of the following clauses in the contract? a. Choice of law clause. b. Arbitration clause. c. International treaty clause. d. Forum selection clause.

a. Choice of law clause.

A state legislature passes a statute prohibiting businesses from supporting any political candidate. If some business owners challenge the constitutionality of the law in court, will the law be upheld? a. No, because the law is an unconstitutional restriction on free speech. b. No, because the business owners' privileges and immunities have been violated. c. Yes, because the law only prohibits political speech by businesses, not by individual citizens. d. Yes, because political speech is restricted if "constitutionally permissible."

a. No, because the law is an unconstitutional restriction on free speech.

Juan files a lawsuit against Liliana. Liliana responds to the complaint by filing an answer. After the pleadings are closed, Juan can file: a. a motion for judgment on the pleadings. b. a counterclaim. c. an affirmative defense. d. a motion for judgment n.o.v.

a. a motion for judgment on the pleadings.

The city of Flagstaff passes legislation to make it illegal to carry an open container of alcohol on any city street at any time. This legislation is called: a. an ordinance. b. a citation. c. an administrative rule. d. a uniform law.

a. an ordinance.

Federal administrative agencies are created: a. by enabling legislation. b. by legislative orders issued by the president. c. by a judicial order. d. without any formal action.

a. by enabling legislation.

Robert, who lives in Ohio, files a lawsuit against Trading Post, a Washington company, in an Ohio state court. The Trading Post's only sales activity outside the state of Washington occurs via its Web site. According to the sliding-scale standard, the Ohio court can always exercise personal jurisdiction over out-of-state defendants based on Internet transactions if the court finds that the defendant has: a. conducted substantial business with Ohio residents through its Web site. b. interacted with at least three Ohio residents through its Web site. c. a commercial cyber presence. d. received a national trademark and domain name for its Web site.

a. conducted substantial business with Ohio residents through its Web site.

Under the theory of corporate social responsibility, many corporations publish reports outlining how they are good corporate citizens. These are often called: a. corporate sustainability reports. b. corporate rights reports. c. corporate ethics reports. d. corporate profit reports.

a. corporate sustainability reports.

Transpac Corp. and Alliance, Inc., agree to a contract that includes an arbitration clause. After a dispute arises, the case goes to arbitration. The arbitrator finds in Transpac's favor. Alliance files a lawsuit, alleging that the award should not be enforced because the arbitrator made an error in her findings of fact. The court will likely: a. do nothing. b. set aside the arbitrator's award. c. review the sufficiency of the award. d. review the merits of the dispute.

a. do nothing.

Jackson, a homeowner, files a lawsuit against Michael, his construction contractor. Prior to trial, they meet with their attorneys to try to resolve their dispute before going to trial. This proceeding is known as: a. negotiation. b. a summary jury trial. c. arbitrability. d. early neutral case evaluation.

a. negotiation.

When a judge uses legal encyclopedias, law review articles, and Restatements to guide a decision, that judge is using: a. secondary sources of law. b. ineffective sources of law. c. constitutional law. d. primary sources of law.

a. secondary sources of law.

A company may not have a social media policy that prohibits making negative statements about the company or any of its employees because: a. the government protects employees' rights to engage in "concerted activities." b. the government protects employees who want to go to public concerts. c. it is unethical for a company to try to protect its image and control its social media message.

a. the government protects employees' rights to engage in "concerted activities."

A city ordinance allows only two hot-dog stands to operate in the city's downtown area. If someone who would like to add another hot-dog stand challenges this ordinance under the equal protection clause, the rule will be subject to: a. the rational basis test. b. strict scrutiny. c. intermediate scrutiny. d. the police power test.

a. the rational basis test.

Marco files a lawsuit against Allied Company in an Oregon court with limited jurisdiction. The difference between general and limited jurisdiction is based on: a. the subject matter of the cases that the court can decide. b. whether the court is exercising in personam or in rem jurisdiction. c. how many defendants are named in the lawsuit. d. whether a case is brought by an individual or a business.

a. the subject matter of the cases that the court can decide.

Maya prevails in her lawsuit against Anthony. Anthony can satisfy the judgment by: a. transferring property he owns directly to Maya or selling property he owns and using the proceeds to pay her. b. cosigning a loan on behalf of Maya for at least the value of the judgment. c. all of these choices are valid ways of satisfying the judgment. d. naming Maya as the beneficiary on a life insurance policy equal to the value of the judgment.

a. transferring property he owns directly to Maya or selling property he owns and using the proceeds to pay her.

A Minnesota statute required all operators of slow-moving vehicles to display a fluorescent red triangular sign. Henderson, an adherent of the Amish religion, was charged with violating the statute. His defense was that the law violated his First Amendment right to freedom of religion because displaying "loud" colors on his slow-moving black buggy conflicted with his religious belief that he should remain separate from the modern world. Henderson stated that he was willing to display the sign if he could use silver, instead of red, reflective tape, which was equally effective. The state argued that the law applied to all, equally. The court most likely found that the statute, as it applied to Henderson, was: a. unconstitutional under the free exercise clause. b. constitutional under the safety clause. c. constitutional under the free exercise clause. d. unconstitutional under the due process clause.

a. unconstitutional under the free exercise clause.

Executive agencies

agencies that exist within the cabinet departments and report to the president

Independent regulatory agencies

agencies that work under the direction of Congress and whose offices serve for fixed terms

Legislative rules

agency rules that affect substantive legal rights and carry the same weight as congressionally enacted statutes

Corporate social responsibility is most successful when a company undertakes activities that

are significant and related to its business organizations

The state of Michigan was in an economic crisis. The governor and legislature asked Congress to exempt Michigan's citizens from their federal tax burden for two years. Does Congress have the authority to make the exemption? a. No, the commerce clause does not allow different rules for different states. b. No, the taxing and spending clause requires that taxes be imposed uniformly throughout the United States. c. Yes, the privileges and immunities clause allows Congress to grant privileges to certain states. d. Yes, Congress has taxing and spending power to use as it wishes.

b. No, the taxing and spending clause requires that taxes be imposed uniformly throughout the United States.

Elaine is involved in a car accident in which the other driver ran a red light. To determine whether she has a case, her attorney would apply which of the following classifications of law? a. Procedural law b. Substantive law c. Administrative law d. Cyberlaw

b. Substantive law

The town of Rock River decides to put a new road through the middle of town to increase tourist traffic. In order to build the road, they must tear down a number of buildings. They send a note to the building owners telling them to vacate the premises within 24 hours or their possessions will be destroyed when the buildings are torn down. It is likely that the town has violated which provision of the Constitution? a. The commerce clause b. The due process clause c. The establishment clause d. The equal protection clause

b. The due process clause

The idea that individuals should evaluate their actions in light of the consequences that would follow if everyone in society acted in the same way is known as the: a. ethical theory of rights. b. categorical imperative. c. conflictual imperative. d. equal behavior principle.

b. categorical imperative.

John operates a profitable business selling child pornography. His enterprise is likely to be: a. considered political speech. b. considered criminal. c. protected under the right to privacy. d. protected by the First Amendment.

b. considered criminal.

Stan, a citizen of Iowa, files a lawsuit in an Iowa state trial court against Jalisco Farm Supply, a Texas company that sells supplies in Iowa. The court has original jurisdiction because: a. the court has concurrent jurisdiction. b. the case is being heard for the first time. c. the parties have diversity of citizenship. d. the court has venue.

b. the case is being heard for the first time.

Steve, a citizen of New York, wants to obtain a business license in Illinois. The Illinois legislature passed a law requiring nonresidents to pay a $1,500 fee to apply for business licenses in the state of Illinois. Illinois residents pay nothing for a business license. This discrepancy in the fees between the residents of Illinois and other states may violate: a. the due process clause. b. the privileges and immunities clause. c. the separation of powers. d. the full faith and credit clause.

b. the privileges and immunities clause.

Congress passes legislation that requires all people to have health insurance or pay fines to the government. The president analyzes the legislation and signs it. Several different individuals challenge the law as unconstitutional and the United States Supreme Court agrees to hear the case. After the hearing, the justices declare that the law is constitutional. This is an example of: a. the supremacy clause. b. the system of checks and balances. c. the federal form of government. d. preemption.

b. the system of checks and balances.

The Iowa legislature passed a law banning trucks 65 feet long or longer from operating on its roads and highways because big trucks do more damage to roads than smaller trucks and are involved in more serious accidents. Prior to the ban, Consolidated Freightways (CF) had driven big trucks through Iowa on a regular basis, and these trucks were legal in other states. Switching to smaller trucks for trips through Iowa was inconvenient and costly. CF filed a lawsuit contending that the statute was unconstitutional. The United States Supreme Court most likely found that the Iowa statute was: a. unconstitutional under the supremacy clause. b. unconstitutional under the "dormant" commerce clause. c. unconstitutional under the privileges and immunities clause. d. constitutional because Iowa had a compelling state interest in passing the law.

b. unconstitutional under the "dormant" commerce clause.

Garrett was a commercial tour boat operator on the northern coast of Kauai, Hawaii. He was licensed by the state of Hawaii to operate his boat in Hanalei Bay. The U.S. Department of Transportation and the U.S. Coast Guard also granted Garrett an unrestricted license to operate his boats in Hanalei Bay. Hawaii subsequently passed a law that banned all commercial use of Hanalei Bay. The state refused to renew Garrett's state license and ruled that he was not allowed to operate his vessel based on his federal licenses. Garrett sued the state, alleging that the state law that prohibited him from operating his boat conflicted with the federal law that authorized him to do so. The court probably found that the state law was: a. unconstitutional under the equal protection clause. b. unconstitutional under the supremacy clause. c. constitutional under the supremacy clause. d. constitutional under the due process clause.

b. unconstitutional under the supremacy clause.

Lily has suffered severe injuries from a car accident. She would like to sue for compensation, but does not have enough funds on hand to retain an attorney on her own. What is the best type of fee arrangement for Lily? a. Fixed fee b. Hourly fee c. Contingency fee d. Administrative fee

c. Contingency fee

The state of Nevada passes legislation that bans speakers from hallways in academic buildings on university campuses in order to preserve the quiet that students need to study effectively and to ensure that pedestrian traffic is not blocked. Luis challenges the law as a violation of his rights to free speech. Will Luis win his suit? a. Yes, because the right to free speech is absolute. b. No, because the right to free speech is part of the Bill of Rights which applies only to the federal government. c. No, because the right to free speech allows for a reasonable regulation of time, place, and manner so long as the regulation is content neutral. d. Yes, because the right to free speech applies to both the federal government and to the states under the due process clause of the Fourteenth Amendment.

c. No, because the right to free speech allows for a reasonable regulation of time, place, and manner so long as the regulation is content neutral.

The FBI has an open criminal investigation regarding potential terrorist activities in the U.S. The agency wants to gain access to personal information through Internet activities of certain individuals. Congress has passed which of the following acts that allows the FBI to access this kind of information? a. Privacy Act b. The Freedom of Information Act c. The Patriot Act d. HIPAA

c. The Patriot Act

In preparation for a trial between George and the ABC Corporation, ABC's attorney places George under oath and asks George questions that are recorded by a court reporter. This is known as: a. request for admissions. b. an interrogatory. c. a deposition. d. voir dire.

c. a deposition.

Vinny decides to sue Allison. To begin the suit, Vinny must file a complaint. Vinny's attorney argues in the complaint that the Connecticut Superior Court is the most appropriate court in which the case should be heard. Vinny's attorney is asserting: a. a statement indicating the key evidence behind the suit. b. a motion for judgment n.o.v. c. a statement of the basis for the court's jurisdiction. d. a motion for summary judgment.

c. a statement of the basis for the court's jurisdiction.

The National Conference of Commissioners on Uniform State Laws (NCCUSL) passes a new uniform act related to texting while driving. This uniform act: a. automatically becomes the law in every state. b. becomes the law in every state that has joined the NCCUSL. c. becomes the law in every state that adopts the uniform act through legislative action. d. becomes a part of the United States Code, and is therefore the law of the land in every state and territory of the United States.

c. becomes the law in every state that adopts the uniform act through legislative action.

Motor Sports, Inc., sues A-Z Speed. Motor Sports alleges that A-Z breached (failed to perform) a contract that required A-Z to sell ten Jet Skis to Motor Sports. Under the rules governing discovery, Motor Sports is most likely entitled to obtain: a. permission for Motor Sports' president to personally inspect the contents of all of A-Z's paper records and computer files. b. physical examinations of key employees of A-Z. c. documents in A-Z's possession relating to the contract. d. access to the contents of A-Z's top executives' safe-deposit boxes.

c. documents in A-Z's possession relating to the contract.

While hospitalized at the Washoe Medical Center, Swisher fell out of bed and died. Her family sued Washoe. Judges are required to remain impartial and to provide a courtroom that promotes order and decorum. During voir dire at the trial, when the plaintiff's attorney arrived late after a break, the trial judge led the prospective jurors in a standing ovation. The judge joked with one juror whom he had known in college and endorsed another juror's business. The judge's comments were made in the presence of the plaintiff and the defendant, their attorneys, and all prospective jurors. The jury found for Washoe. The plaintiff moved for a new trial, but the judge denied the motion. The plaintiff appealed, arguing that the tone set by the judge prejudiced the plaintiff's right to a fair trial and violated Nevada's Code of Judicial Conduct, which requires judicial neutrality. The appellate court most likely: a. held that the Nevada judicial code did not apply and refused to order a new trial. b. held the Nevada judicial code unconstitutional. c. held that the Nevada judicial code applied and ordered a new trial. d. held that the plaintiff's attorney should have filed a motion for judgment on the pleadings.

c. held that the Nevada judicial code applied and ordered a new trial.

Cal-Ban 3000 was a weight-loss drug made by Health Care, a Florida corporation. Tart, a citizen of North Carolina, read ads for the product in a newspaper and bought Cal-Ban in North Carolina from a local pharmacy. Within a week of taking the supplement, Tart suffered a ruptured colon. Alleging that the injury was caused by Cal-Ban, Tart sued Health Care in a North Carolina state court. Health Care asked the court to dismiss the case, arguing that the North Carolina court could not exercise personal jurisdiction over Health Care. The court most likely: a. dismissed the case because North Carolina did not have personal jurisdiction over the defendant, so Tart would have to sue in the Florida courts. b. refused to dismiss the case, because it was not fair to make Tart travel to Florida for trial. c. refused to dismiss the case, because the defendant had placed the product in the stream of commerce in North Carolina and was subject to being sued in North Carolina. d. dismissed the case because the dispute should be tried in a federal court, given that the defendant and the plaintiff were from different states.

c. refused to dismiss the case, because the defendant had placed the product in the stream of commerce in North Carolina and was subject to being sued in North Carolina.

Cyberlaw consists of: a. laws that are written on computers, smartphones, tablets or other technology. b. only state statutes. c. traditional legal principles that have changed because of technology. d. only federal statutes.

c. traditional legal principles that have changed because of technology.

The system of prior court opinions is called what?

case law

Two important resources for the court in making this decision are the state and federal BLANK , which outline the powers, and limits to those powers, of the state and federal governments.

constitution

Most companies attempt to link law and ethics by

creating company codes of ethics

Stewart, a construction worker, fell from a beam and suffered serious injuries. He sued his employer, Sunrise Construction, for damages. In most jurisdictions, a court will first impose lighter sanctions but eventually will dismiss a case if a party shows blatant disregard for court orders. Over six years of pretrial motions, Stewart was repeatedly asked to provide the names of expert witnesses he intended to call for his case. Sunrise filed motions three times asking the court to compel Stewart to answer the questions. The trial court entered three orders to compel Stewart to answer and four orders allowing him extra time to answer. Stewart did not respond. Sunrise filed a motion to dismiss because of Stewart's failure to comply with the orders. What would the court most likely do? a. Refuse to dismiss the case because Sunrise had no right to Stewart's medical records. b. Refuse to dismiss the case because Stewart's injuries were severe, which means he must be given the chance to litigate. c. Dismiss the case even though Stewart had a good reason not to provide Sunrise with the information. d. Dismiss the case because of Stewart's refusal to provide information to Sunrise.

d. Dismiss the case because of Stewart's refusal to provide information to Sunrise.

In 1961, the Executive Director of the Planned Parenthood League of Connecticut was arrested and convicted of providing contraceptive information and materials to married people in violation of state law. The director appealed her conviction and the United States Supreme Court found that the law violated a constitutional right to privacy. The Constitution never mentions privacy, but the justices found that the right is embedded in several amendments. Which of the following is NOT one of those amendments? a. Fifth b. Third c. First d. Eighth

d. Eighth

An in-depth understanding of ethics is important to the long-term viability of a business because unethical decisions will negatively and directly impact all of the following except which one? a. The business's customers b. The business's suppliers c. The business's image d. The business's number of products

d. The business's number of products

A judgment is entered against Michael in Anderson's case against him. Michael appeals to an intermediate appellate court, which agrees to review the case. On appeal, most appellate courts: a. remand the case for new trial. b. reverse the trial court decision. c. modify trial court findings of fact. d. affirm trial court findings of fact.

d. affirm trial court findings of fact.

Monroe is reviewing an appellate case for class and must correctly identify the parties to the case. The party appealing the case is known as the: a. defendant. b. respondent. c. appellee. d. appellant.

d. appellant.

Another resource for the court are the BLANK passed by the United States BLANK and the state BLANK

1. statues 2. Congree 3. Legislature

Tyler believes that some laws passed by his state's legislature are improper, and he refuses to comply with them. He believes that there is a universal law above all others that grants rights to all people. Which school of jurisprudential thought does Tyler subscribe to? a. The school of legal realism b. The historical school c. The natural law school d. The positivist school

C. the natural law school

What if the United States Supreme Court had not issued the prior opinion and California courts also had not decided that those clauses contravene a strong public policy? This case would be a case of BLANK in California.

first impression

How does a court get personal jurisdiction over a plaintiff? When the plaintiff files a BLANK in that court.

Complaint

Sarah prevails in her lawsuit against Carl for injuries she sustained in a car accident. As a result, Sarah is entitled to a remedy. In the U.S. legal system, Sarah's remedy will most likely be in the form of: a. rescission. b. injunction. c. specific performance. d. damages.

D. damages

Richard is a state appeals court judge. In making judicial decisions, Richard issues rulings which are consistent with precedents established in similar cases within his jurisdiction. Richard is following the principle of: a. laches. b. constitutional constructionism. c. courts of equity. d. stare decisis.

D. stare decisis

The Illinois state legislature passes a law raising the speed limit on certain state roads. This law becomes part of a body of law known as: a. case law. b. administrative law. c. uniform law. d. statutory law.

D. statutory law

One view of duty-based ethics focuses on the principle of rights. Choose the four groups whose rights may be affected by business decisions. a. Government officials b. Consumers c. Suppliers d. Regulatory agency workers e. Shareholders f. Employees g. Foreign officials

B, C, E, F

Assume that Congress passes a law establishing a new administrative agency to oversee cyberlaw issues. The agency writes rules to enable it to carry out its duties. The rules written by the agency will be known as a part of: A. statutory law B. administrative law C. restatement of the law D. constitutional law

B. administrative law

All of the cases which have been decided by U.S. judges, as well as by English judges prior to the American Revolution, constitute a body of law known as: a. the civil law. b. the common law. c. the statutory law. d. the law of equity.

B. common law

A case on the subject of free speech on the Internet comes before a Wisconsin state trial court. It is a case of first impression, which means that no case involving the same issue has been decided by the Wisconsin courts. In deciding such a case, it would be considered the least proper for the judge to consider: a. cases from other jurisdictions. b. survey data from the local community. c. social values and customs. d. public policy.

B. survey data from the local community

T/F All shareholders are stakeholders and all stakeholders are shareholders. a. True b. False

False

T/F Business ethics are consistent only with short-run profit maximization.

False

T/F If a company chooses to do something that is legal, that decision also will always be ethical.

False

T/F Religious ethical principles allow managers to make decisions with few possible negative consequences.

False

When Congress wants to regulate an issue, it most often passes very detailed regulations so that there are no questions about its intent. a. True b. False

False

The firm's headquarters are in Georgia, although the company does business in Florida. In what court might Callais bring suit: a Florida state court, a Georgia state court, or a federal court? What factors might influence her decision? What state(s) have personal jurisdiction over the trucking firm?

Georgia and Florida

Who identified several general guiding principles for moral behavior?

Immanuel Kant

Marya Callais, a citizen of Florida, was walking along a busy street in Tallahassee, Florida when a large crate flew off a passing truck and hit her, causing numerous injuries. She experienced a great deal of pain and suffering, incurred significant medical expenses, and could not work for six months. She wants to sue the trucking firm for $300,000 in damages. Who is the potential defendant?

The trucking firm

Corporate social responsibility combines a commitment to good corporate citizenship with a commitment to making ethical decisions, improving society, and minimizing environmental impact. a. True b. False

True

T/F Businesses may face many ethical issues with regard to social media.

True

T/F The application of the principle of rights, or rights theory, often involves conflicting rights. a. True b. False

True

T/F The utilitarian approach to decision making has been seen as problematic by some because even the greatest good to the greatest number may create unacceptable harm to the few. a. True b. False

True

What is a philosophical theory developed by two British philosophers, Bentham and Mill.

Utilitarianism

Because of the United States Supreme Court opinion and the prior California cases regarding clauses of this type, the California court BLANK enforce the clause in the contract.

Will not

Delegation doctrine

a constitutional rule that allows Congress to give some of its authority to agencies

The city of Trenton, New Jersey, passed an ordinance making it unlawful to use any form of sound amplification on the city streets. Keller mounted a speaker on a truck. Through the speaker, he played music and spoke on a microphone while driving on city streets. Keller was convicted and fined $50. He appealed, arguing that the ordinance violated his rights of free speech and free assembly. The city claimed that the ordinance served a legitimate governmental function in keeping the city streets safe and orderly, and did not prohibit or unduly restrict any particular speech. The court probably found that the ordinance was: a. unconstitutional under the equal protection clause. b. constitutional as a reasonable restriction on fundamental rights. c. constitutional under the establishment clause. d. unconstitutional as an unreasonable restriction on fundamental rights.

b. constitutional as a reasonable restriction on fundamental rights.

A Florida law provides that any person who "knowingly serves" a person "habitually addicted" to alcohol may be liable for an injury caused by the intoxication of that person. Hoag was driving while intoxicated when his car struck Sabo's car. Sabo suffered injuries as a result. Before the accident, Hoag had consumed several drinks at Peoples Restaurant. Sabo sued Peoples Restaurant, alleging that the restaurant violated the statute. Peoples filed a motion for summary judgment, asking the court to grant a judgment in its favor without a trial because it had no knowledge of Hoag's drinking habits. The court most likely: a. denied the motion for summary judgment unless Peoples produced evidence of Hoag's drinking habits. b. denied the motion for summary judgment because there were questions of fact about the restaurant's knowledge of Hoag's drinking habits that had to be determined by a trial. c. granted the motion for summary judgment unless Sabo produced evidence of Hoag's drinking habits. d. granted the motion for summary judgment because there were no questions of fact about Hoag's drinking habits.

b. denied the motion for summary judgment because there were questions of fact about the restaurant's knowledge of Hoag's drinking habits that had to be determined by a trial.

Mason brought a civil rights action against his employer, the New York Department of Mental Hygiene, after it failed to promote him. His complaint stated that the department had discriminated against him by denying him "the authority, salary, and privileges commensurate with this position." The department filed a motion to dismiss for failure to state a claim for which relief could be granted. The court probably: a. refused to dismiss the case because the complaint did state a claim. b. dismissed the case because the complaint did not state a claim. c. dismissed the case because it lacked venue. d. refused to dismiss the case because Mason had standing to sue.

b. dismissed the case because the complaint did not state a claim.

The main difference between independent regulatory agencies and executive agencies is that: a. executive agencies report directly to Congress, but independent regulatory agencies report to the president. b. executive agencies are subject to the authority of the president to a greater degree than independent regulatory agencies. c. independent regulatory agencies are subject only to the authority of Congress.

b. executive agencies are subject to the authority of the president to a greater degree than independent regulatory agencies.

Business ethics does NOT focus on: a. the decisions that businesses must make and whether they are right or wrong. b. how businesses are treated under international laws and customs. c. how business people apply moral principles in making decisions. d. the duties and responsibilities that exist or should exist for businesses.

b. how businesses are treated under international laws and customs.

Karl sells Jason his house. After moving in, Jason learns that Karl failed to disclose serious defects in the house. Jason sues Karl. After the pretrial procedures are completed, the case enters the trial phase. The attorneys begin the process of voir dire. During voir dire: a. the attorneys determine the appropriate number of jurors. b. jurors are picked from a jury pool. c. the attorneys view and discuss pretrial documents obtained during discovery. d. the bailiff organizes the courtroom so that the trial can proceed in a proper fashion.

b. jurors are picked from a jury pool.

If a plaintiff waited to bring a lawsuit for several years, and in those years witnesses died and evidence was lost or destroyed, one equitable defense that the defendant may have is called: a. ripeness. b. laches. c. ineffective evidence. d. equitable maxim.

b. laches.

Dominic sues Gemalt, Inc. for negligence. At trial, Dominic testifies that he heard Francis, a manager at Gemalt, say that he thought Gemalt was acting carelessly. Dominic's testimony about Francis will most likely be: a. not admitted as evidence because it is not relevant to the issues. b. not admitted as evidence because it is hearsay. c. admitted as evidence because it is the testimony of the plaintiff. d. admitted as evidence because the jury is able to evaluate all evidence witnesses wish to present.

b. not admitted as evidence because it is hearsay.

Tina decides to take her claim against her Internet service provider to FairDeal.com, a private, online dispute resolution provider. This limits her access to the court system: a. entirely, as to this and all other claims against her Internet service provider. b. not at all. c. only as to this claim. d. for a period of sixty days

b. not at all.

Customers, creditors, suppliers, employees and the community in which a business operates are all: a. shareholders b. stakeholders c. partners d. managers

b. stakeholders

Congress passes a law prohibiting cigars made in Cuba from being sold in the United States. The Florida state legislature then passes a law allowing the sale of Cuban cigars in Florida. If the constitutionality of the Florida law is challenged in court, it will most likely be: a. struck down on the basis of the due process clause. b. struck down on the basis of the supremacy clause. c. upheld unless Congress expressly prohibits states from enacting laws regarding cigars. d. upheld on the basis of the supremacy clause.

b. struck down on the basis of the supremacy clause.

Ocean City passes an ordinance that prohibits all churches from meeting within its city limits. This rule affects the residents' constitutional right to: a. procedural due process. b. substantive due process. c. full faith and credit. d. interstate commerce.

b. substantive due process.

Congress passes a law that regulates the amount of lettuce that can be grown on a farm. Milton is a farmer who grows lettuce. He grows more lettuce than is allowed under the new law and is fined. He sues to have the law declared unconstitutional, arguing that he grew the allowed amount for sale and then grew some extra for his family to use in personal consumption. The federal courts are likely to: a. declare the law unconstitutional because Milton's actions do not impact interstate commerce in any way. b. declare the law unconstitutional because Milton's actions are solely intrastate. c. declare the law constitutional because Milton's actions impact interstate commerce in a small way. d. declare the law constitutional because Milton's actions substantially affect interstate commerce.

d. declare the law constitutional because Milton's actions substantially affect interstate commerce.

Anna sues Whitney. While presenting her case, Anna's attorney calls Whitney's doctor to the witness stand. The questioning of this witness at this point in the trial is known as: a. a request for admissions. b. cross-examination. c. interrogation. d. direct examination.

d. direct examination.

Miller signed an employment contract containing an arbitration clause stating that "any dispute" arising during employment must be resolved by binding arbitration. Two years later, after she was injured on the job and took leave to recover, she was fired. She filed a complaint for disability discrimination with the Equal Employment Opportunity Commission, which gave her a "right to sue" letter. She then filed suit in federal court against her employer for disability discrimination. The court: a. allowed the suit to proceed because federal rights take precedence over an arbitration clause in a contract. b. dismissed the suit because it must be filed in state court. c. allowed the suit to proceed because arbitration clauses cannot limit the ability to file suit in federal court, only in state court. d. dismissed the suit because of the arbitration agreement.

d. dismissed the suit because of the arbitration agreement.

A trial between Shane and Verna results in a jury verdict in Shane's favor. After the jury renders its verdict, Verna's attorney can file a motion: a. to dismiss the case. b. for a judgment on the pleading. c. for summary judgment. d. for a new trial.

d. for a new trial.

John is a resident of Iowa. While driving through California, he is in an accident involving Marisol, a California resident. Marisol files a lawsuit in a California state court. Over John, the California court has: a. in rem jurisdiction. b. diversity jurisdiction. c. no jurisdiction. d. in personam jurisdiction.

d. in personam jurisdiction.

Most appellate court judges write opinions in which they give the reasons for their decisions. These opinions are collected and published in volumes of books known as: a. case citations. b. the United States Code. c. law journals. d. reporters.

d. reporters.

Toybox, Inc., manufactures the Spintop, a toy that the company has discovered can cause harm. Before anyone is injured, Anne, a pediatric nurse who has not purchased a Spintop, files a suit against Toybox. In seeking to have the suit dismissed, Toybox's best argument is that Anne does not have: a. judicial review. b. jurisdiction. c. certiorari. d. standing to sue.

d. standing to sue.

Charles loses his breach-of-contract case against Micheletta in a Georgia state trial court. Charles appeals to the state court of appeals. Losing again, he files his next appeal with: a. a U.S. Circuit Court of Appeals. b. a U.S. district court. c. the United States Supreme Court. d. the Georgia Supreme Court.

d. the Georgia Supreme Court.

In order for Marya to sue the trucking firm, she has to file the lawsuit in a court that also has personal jurisdiction over the BLANK

defendant

Compliance with the law is sometimes called the

moral minimum

Without the prior guidance, the California courts likely would look to BLANK authorities to help them reason through a decision.

persuasive

If the California court turns to prior court opinions to determine if it should dismiss the suit, it is looking for BLANK

precedent

Ethics can be defined as the study of

what constitutes right and wrong behavior