BUS LAW

Itablets Inc. files a suit against Andromeda Pads Corporation, Suri is a witness for iTablets. Kevin is a witness for Andromeda iTablets may direct interrogatories to

Andromeda

Eliza is a state court judge. Flora appears in a case in Eliza's court, claim-ing that Glover breached a contract. Which of the following actions may Eliza take?

Award damages or issue a decree of specific performance

A law that has any impact on religion is unconstitutional.

False

Flexo Trucking Company transports hazard-ous waste. Garn is a Flexo driver, whom the company knows drives longer hours than federal regula-tions permit. One night, Garn exceeds the limit and has an accident. Spilled chemicals contaminate Hill City's water source, forcing the residents to move away. Flexo acted unethically because

Flexo showed reckless disregard for Hill City's residents and others.

Milo files a suit against Nick in an Ohio state court, noting that Nick op-erates a Web site through which Ohio residents have done substan-tial business with him. The court is most likely to have jurisdiction over Nick if Milo's claim arises from

Nick's website activities

Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. After its review of Kelly v. Lewis, the appellate court upholds the lower court's verdict. The appellate court has

affirmed the case

In deciding questions of corporate social responsibility, Valley Disposal & Recycling, Inc., is concerned with

all of the choices

Fact Pattern 2-1 (Questions 31-33 apply) Bean Vendors, Inc., and Java Bistros Corporation dispute a term in their contract. ​Refer to Fact Pattern 2-1. If Bean and Java resolve their dispute by having a neutral third party render a binding decision, they will have used the method of

arbitration

Karen is a judge hearing the case of Local Dispatch Co. v. National Transport Corp. Applying the relevant rule of law to the facts of the case requires Karen to find previously decided cases that, in relation to the case under consideration, are

as similar as possible

Ben files a suit in a federal district court against Cathy. Cathy loses the suit, appeals to the U.S. Court of Appeals for the Second Circuit, and loses again. Cathy asks the United States Supreme Court to hear the case. The Court agrees to hear the case. This means that

at least four justices approve of hearing the case.

Japan violates an international law. Other countries may take coercive actions, which include

boycotting japaneese goods

Applied Business Corporation makes and markets its products nationwide. Under the stakeholder approach, to be considered socially responsible when making a business decision, Applied must take into account the needs of

employees, owners, consumers, the community, and society.

In studying the legal environment of business, Professor Dooley's students also review ethics in a business context. Ethics includes the study of what constitutes

fair or just behavior

A court's review of an arbitrator's award may be restricted.

false

According to German philosopher Immanuel Kant, individuals should evaluate their actions in light of the consequences that would follow if they were the only members of society that acted in that way.

false

Being a small-business owner means that you will never have to take on the role of finance manager, marketing manager or accountant.

false

Lawyers are not allowed to represent people in small claims courts in any of the states.

false

No one believes that judging a job candidate based on what he or she does outside the work environment is ethical.

false

On a motion for judgment on the pleadings, a court may consider evidence outside the pleadings.

false

The First Amendment requires a complete separation of church and state.

false

The establishment clause of the U.S. Constitution prohibits the federal government from establishing a state-sponsored religion.

false

The terms "due process" and "equal protection" mean the same thing.

false

Whether financial statements created by an accountant need to be verified for accuracy is not a legal question.

false

Drummond wants to make a federal case out of his dispute with Elena. Federal cases originate in

federal districts courts

With respect to the potential for American Discount Stores, Inc., and any other major corporation to suffer damage to its reputation or loss of profits through negative publicity, the Internet has

increased in potential

In the case of Retail Sales Corp. v. Trucking Delivery Co., the court may rule contrary to a precedent if the court decides that the precedentrm

is incorrect or inapplicable

The Financial Institutions Association would like a certain law enacted, administered, interpreted, and enforced in the best interest of its members, which include banks. Under the Constitution, Congress

makes the laws

To resolve a dispute, Amy in Boston and Chris in Denver utilize E-Solution, an online dispute resolution (ODR) service. This limits these parties' recourse to the courts

not at all

In business deals, Fiona, the chief executive officer of Snacks n' Bites, Inc., follows duty-based ethical standards. These are most likely derived from

philosophical reasoning

Marie claims that a Nebraska state statute infringes on her "procedural due process" rights. This claim focuses on

procedures used in making decisions to take life, liberty, or property.

Reusable Energy Corporation regularly expresses opinions on political issues. Under the First Amendment, corporate political speech is

protected.

At a meeting of employees, Fuel Injection Design & Manufacturing, Inc.'s managers announce the creation of a new company-wide code of ethical conduct and the initiation of an ad campaign to publicize the new code. They also say that any employees who do not adhere to the code will be discharged. The effectiveness of this code will be determined by

the commitment of company leadership to enforcing the code.

Bob, research manager for CornAgri Products, Inc., ap-plies utilitarian eth-ics to determine that an action is morally cor-rect when it produces the greatest good for

the most people

Starlight Café brings a suit, seeking a remedy at law. A remedy at law is

the payment of money or property as compensation for damages. ition

Under Ohio's state constitution, the Ohio Environmental Protection Agency issues a new rule, the Polk County Commission approves a new property tax measure, and the professors and students at Ohio Law School publish the results of their most recent legal research. Sources of law do not include

the results of legal scholars' research

Congress enacts a law prohibiting toys made in China from being sold in the United States. The Hawaii state legislature enacts a law allowing the sale of Chinese-made toys. Hawaii's law will most likely be struck down under

the supremacy clause

A confederal form of government is a confederation of independent states with a central government of very limited powers.

true

A court may depart from a precedent if the precedent is no longer valid.

true

At least in theory, Congress can regulate every commercial enterprise in the United States.

true

Ethics is less certain than law

true

In mediation, the mediator proposes a solution that includes what com-pro-mises are necessary to reach an agreement.

true

In order to truly understand our legal system, it is important to understand the origins of the common law tradition.

true

Many companies have provided guidelines about what is appropriate when making posts on social media accounts.

true

Money or property, including land, remedies at law.

true

Most online dispute resolution services apply general, universal legal principles to resolve disputes.

true

T or F: A deposition is a sworn testimony by a party to a lawsuit or any witness.

true

T or F: A state law that conflicts with the U.S. Constitution will be deemed unconstitutional.

true

T/F administrative law consists of the rules, orders, and decisions of administrative agencies

true

The First Amendment protects corporate political speech.

true

The Fourteenth Amendment guarantees a right to due process of law.

true

The President appoints federal judges with the advice and consent of the Senate.

true

There is at least one federal district court in every state.

true

Chelsea is a state court judge. Like judges in most state courts, in a particular case, she may grant

​a remedy in equity and a remedy at law.

Peak & Vale Accountants provides other firms with accounting services. Questions of what is ethical involve the extent to which Peak & Vale has

​an ethical duty beyond those duties mandated by law.

Fresh Harvest Company, which is based on Georgia, packages and sells vegetables. Jack, who is a resident of North Carolina, buys a Fresh Harvest product, eats it, and suffers severe food poisoning. Jack wants to file a suit against Fresh Harvest. The diversity of citizenship between these parties means that

​federal and state courts have concurrent jurisdiction.

To assist in detecting illegal bribes, International Civil Engineers, Inc., and all other U.S. companies must

​keep records that "accurately and fairly" reflect their financial activities.

A common ethical dilemma faced by the management of Spencer Hydraulics Corporation involves the effect that its decision will have on

​one group as opposed to another.

Jon, a law enforcement official, monitors Kelsey's Internet activities—e-mail and Web site visits—to gain access to her personal financial data and student information. This may violate Kelsey's right to

​privacy.

Congress enacts a law that sets out a rigorous medical-device premarket approval process for the U.S. Food and Drug Administration to follow. The law includes a preemption provision. Moe is injured by a device that underwent the process and files a claim under New Hampshire state law to recover for the injury. The court will most likely rule that

​the federal law preempts Moe's state law claim.