BLAW Test

Opti-Med Inc., a U.S. firm, signs a contract with Pharma Ltd., a Canadian firm, to give Pharma the right to sell Opti-Med's products in Canada. This is

. a distribution agreement.

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

. statutory law

One party wants to file a suit against another. For a court to hear the case,

. the court must have jurisdiction

A judicial decision on the constitutionality of an executive order that limits certain state actions is

. the power of judicial review.

gri Products Inc., a U.S. firm, signs a contract with Bao Ltd., a Chinese firm, to distribute Agri's products in China. The most likely reason for this deal is

China represents a substantial market for Agri

Dick submits his claim against EZ Sales Corporation to FairSettle.com, a private, online dispute resolution forum. At any time, an appeal of the dispute to a court may be made by:

Dick or EZ.

The Texas legislature passes a law making it illegal to criticize the governor of Texas. Which body of government could render a decision that this statute violates the U.S. Constitution?

The courts

Which of the following normally is not available in online dispute resolution?

The service provider makes findings of fact and recommends how a court should proceed.

Which of the following is not true of administrative agencies:

They are prohibited from adjudicating disputes regarding their own regulations.

1. One primary source of American law is:

U.S. Constitution

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.

Molly files a suit against Nick. 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 parties take part in mandatory negotiations. This is:

a summary jury trial.

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

a. settle it between themselves. b. resolve it through an alternative method, such as arbitration. c. any of the choices. d. litigate it. any of these choices are correct

Power, Inc., is a corporation engaged in the business of producing, refining, and distributing energy resources. With respect to the firm's managers, legal concepts can be useful for Power's

all of choices

The United States taxes each barrel of imported oil at a flat rate. This is

an antidumping duty.

Specific performance is:

an equitable remedy only.

One of the most effective ways of setting a tone of ethical behavior within an organization is to create:

an ethical code of conduct.

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

an ethical duty beyond those duties mandated by law

Scott Jensen owned two hundred acres of farmland in California. A creek flowed through the land, and Jensen used water from the creek to irrigate his crops. The water was adequate for his needs. Wesley Sarvis purchased farmland upstream from Jensen's property and began using water from the creek to irrigate. Claiming that he had exclusive rights to the water, Jensen filed a lawsuit in a California state court against Sarvis for using the water. The court held that Jensen and Sarvis had to divide their water use equally and that each of them was entitled to use the water every other week. Fifty years later, a similar dispute arose between two more California farmers. Bo Ellis lived upstream from Faye Deason. Deason claimed that she had exclusive rights to the water and filed a lawsuit in a California state court against Ellis for his use of the water. In the second case, Deason v. Ellis, the court will most likely:

apply stare decisis and divide the water rights because the facts of the two cases are similar.

im files a suit against Kay. Before going to trial, the parties meet, with their attorneys to represent them, to present their dispute to a third party who is not a judge but who renders a legally binding decision. This is:

arbitration

Ethics is important because laws may not always be easy to interpret or apply. This is because

aws represent the will of the people and that will is often changing.

The Uniform Commercial Code facilitates commerce

b. among the states.

The basis of all law in the United States is

b. the U.S. Constitution.

Secondary sources of law include

c. legal scholars' research.

Primary sources of law include

case law

Abigail sues Zeke for defamation. At trial, Abigail and Zeke disagree over whether Zeke made a false factual statement about Abigail's business. The court rules in favor of Abigail's version of events. On appeal, the appellate court will:

challenge the trial court's finding of fact if it is clearly erroneous.

While Samantha was driving to school, she stopped at a stoplight and was struck from behind by Nathan's car. Samantha was injured, and her car was damaged, and she filed a lawsuit against Nathan to recover for her losses. This case is an application of:

civil law.

Mining Company, a U.S. firm, owns property in Bolivia. The government of Bolivia seizes the property for an illegal purpose without paying just compensation. This is

confiscation.

Statutes are enacted by either the U.S. ____ or state ____

congress: legislatures

Law based on documents setting forth the general organization, powers, and limits of the government is called

consitutional law

Enabling legislation:

creates an administrative agency and gives the agency powers.

The Uniform Commercial Code provides a set of rules governing

d. commercial transactions.

On a challenge to a provision in a state constitution that conflicts with a provision in the U.S. Constitution

d. the state provision will not be enforced.

Due to a website malfunction, you find you would be able to purchase all of your textbooks from the university bookstore for free. The opportunity is tempting. If you follow the concept of Kant's categorical imperative, you will:

decline to take advantage of the opportunity because if everyone did it, the bookstore would not be able to conduct business.

Airbud Corporation, a U.S. firm, signs a contract with Bueno Computadores Ltd., an Argentinean firm, for a shipment and payment for Airbud's goods. This is

direct exporting.

Artificial Intelligence Inc. sells to Beta Bots Corporation a promising idea for a technological innovation that is still being developed and that looks very promising. This is

ethical and legal

A reasoning process in which an individual examines the situation at hand in light of his or her moral convictions or ethical standards is known as:

ethical reasoning.

The Fraud Reduction and Data Analytics Act to prevent, detect, and respond to fraud in federal programs institutionalizes

ethical rights and duties

Kari and Lillian, who are citizens of Mississippi, are involved in a case related to the adoption of their child. Over this case, Mississippi state courts have

exclusive jurisdiction

A federal court judge is an elected official.

false

Case law is based on the decisions made by those who run administrative agencies.

false

Mandatory arbitration clauses in employment contracts are not enforceable.

false

No court requires mediation before a case goes to trial.

false

States must adopt the Uniform Commercial Code (UCC) in its entirety without any changes.

false

The U.S. Constitution expressly gives the power of judicial review to the executive branch of government.

false

Vince, from Illinois, was attending a concert in Michigan. Vince's obnoxious behavior irritated Troy, who was from Indiana. Troy asked Vince to settle down. Vince responded with an obnoxious comment and Troy shoved Vince. Vince fell to the ground and broke his arm. Vince wants to sue Troy for the injuries that Vince suffered. Assume Troy's action constitutes the crime of battery. Vince may file a criminal suit against Troy.

false

When the U.S. Congress passes federal statutes, states are not obligated to follow them.

false

Unless otherwise agreed, the result of an online dispute resolution proceeding may not be appealed to a court.

flase

A law enacted by the Wyoming state legislature requires that all drivers over the age of seventy-five pass a driving test to ensure that they are competent to operate a motor vehicle. If a driver fails to take or pass the test, the driver's license is automatically suspended. Ron Plakke is a seventy-seven-year-old Wyoming resident whose license was revoked for failing to take the test. Police later stopped Plakke for driving erratically and issued him a traffic citation for driving with a suspended license. The court most likely will find Plakke: not guilty because the co

guilty under the state statute.

When Overseas Exports, Inc., based in New York, does business internationally, the firm may be subject to international law. The sources of this law include:

he laws of individual nations, and treaties and international organizations.

The triple bottom line looks at all of the following except

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

Product Sales Inc. adheres strictly to the goal of maximizing profits. Even so, Product Sales will benefit from ethical behavior

if customer service is good

Hal, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jack, a resident of Kentucky. Jack files a suit against Hal in Indiana. Regarding this suit, Indiana has

in rem jurisdiction.

The Federal Trade Commission is an example of a(n)

independent regulatory agency

A body of law—formed as a result of international customs, treaties, and organizations—that governs relations among or between nations is

international law

Hamilton House is engaged in the restaurant business. The company has operated successfully for over a decade, but economic pressures have impacted profits. To counter this, Hamilton fired some employees and required those that remained to take fewer breaks than required by the Occupational Safety and Health Administration (OSHA) rules. The most likely outcome for Hamilton will be:

investigation and enforcement by OSHA for violations of its rules.

Of all U.S. laws, including state laws, the U.S. Constitution

is considered the supreme over all others

Analytica LLC files a suit against the United States, challenging a congressional enactment mandating that employers pay their employees' student loans. The process by which the court decides this issue is

judicial review.

An ethical code of conduct is not

law

A constitution sets forth government

limit and powers

In Sales Distribution Corp. v. Consumer Products Co., the court decides that a precedent is incorrect or inapplicable. The court:

may rule contrary to the precedent.

Sid files a suit against Tina. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A third party helps them to reach an agreement. This is:

mediation

Joe and Krista have a dispute concerning a contract. They decide to try to settle the problem themselves, without the help of a third party. This type of ADR is known as:

negotiation

Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract. The least expensive method to resolve the dispute between Java and Kaffe may be:

negotiation because no third parties are needed.

The Montana legislature enacts a state law that violates the U.S. Constitution. This law can be enforced by

no one

Equity International Inc., a U.S. firm, and Finance Invest Ltd., a firm in Great Britain, are parties to a contract with a forum-selection clause. The forum specified in the clause must be within the geographic boundaries of

none of choices

Lewis is a state court judge. Like other judges, Lewis often refers to secondary sources of law for guidance. These sources include:

official comments to statutes.

The U.S. Congress enacts a new federal statute that sets different standards for the liability of businesses selling defective products. This statute applies:

only to those states that adopt the statue

The primary focus of utilitarian ethics is the:

outcome of actions

Duty-based ethical standards often derive from:

principles rooted in religion.

In early England, common law rules developed from the:

principles underlying judges' decisions in actual legal controversies.

Criminal defendants are prosecuted by:

public officials on behalf of the state.

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.

In a suit against Charles, Diana obtains the cancellation of a contract, which is:

rescission

Trade barriers are

restrictions on imports.

Under the Outer Space Treaty, with respect to a space object and the personnel aboard it, the launching state

retains complete jurisdiction and control.

Inferior Company sells products that are poorly made. Jack, who has never bought or used an Inferior product, files a suit against Inferior, alleging that its products are defective. The firm's best ground for dismissal of the suit is that Jack does not have: certiorari.

standing

Sandra was injured when her car was struck by a car driven by David. As a result, Sandra has the right to file a lawsuit against David. This is an example of:

substantive

Sandra was injured when her car was struck by a car driven by David. As a result, Sandra has the right to file a lawsuit against David. This is an example of:

substantive law

Venezuela seizes the assets of World Oil, Inc., a U.S. firm. World Oil's recovery from Venezuela in a U.S. court may be prevented by

the act of state doctrine.

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.

Compliance with the law is not always sufficient to determine "right" behavior because

the law does not codify all ethical requirements

The 1803 decision of the United States Supreme Court in the case of Marbury v. Madison established

the power of judicial review.

A key technique employed by utilitarians to determine the morality of a given action is:

to conduct a cost-benefit analysis.

2. A state's constitution is a primary source of law in that state.

true

A court may depart from its precedent if the court decides that the precedent should no longer be followed

true

A court may depart from its precedent if the court decides that the precedent should no longer be followed.

true

A federal case typically originates in a federal district court.

true

A function of the courts is to interpret and apply the law.

true

A state constitution is supreme within the state's borders so long as it does not conflict with the U.S. Constitution or a federal law.

true

A state court can exercise jurisdiction over a nonresident by showing that he or she had minimum contacts with the state.

true

Equitable remedies include injunctions and decrees of specific performance.

true

Ethical standards based on religious teachings tend to be absolute.

true

The courts can decide whether the other branches of government have acted within the scope of their constitutional authority.

true

To have standing to sue, a party must have been harmed or have been threatened with harm by the action about which he or she complains.

true

f the United States Supreme Court determines that a state criminal law violates a provision of the Fourth Amendment to the U.S. Constitution, that law will be declared

unconstitutional

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.

Theis is a uniform law adopted by all states that facilitates business transactions.

uniform commerical code

An approach to ethical reasoning in which a "good" decision is one that results in the greatest good for the greatest number of people affected by the decision is:

utilitarianism

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

very important.