Business Law - Exam 1

answer; reply

The ______ is a document filed by the defendant in a lawsuit, whereas the ______ is filed by the plaintiff in response to a counterclaim.

principal of rights

The ______ of ______ asserts that whether a business decision is ethical depends on how the decision affects the rights of all involved

Universalization Test

The ______ test asks us to consider what the world would be like were our decision copied by everyone else.

US Supreme Court, "Nerve center"

The _______ created a(n) _______ approach to determine the location of a corporation.

Golden Rule

The __________ Rule is the idea that we should interact with other people in a manner consistent with the way we would like them to interact with us.

opening

The attorneys for the plaintiff and defendant must first explain their case to the jury by way of a(n) ______ statement.

situational ethics

The business ethics theory of ______ requires that when we evaluate whether an action is ethical, we imagine ourselves in the position of the person facing the ethical dilemma.

hypothetical

The case or controversy requirement ensures that courts are not rendering decisions in disputes that are merely

Choosing a lawful way to compete against rival firms

The minimum standard to be an ethical business includes

conforms to a set of ethical rules

The morality or ethics of a decision to terminate an employee, when considered under the theory of absolutism, considers only whether the termination

numbered circuits

The intermediate appellate courts in the federal system are identified by: _______.

legal realism

The laws that previously held homosexuality as illegal were struck down because courts recognized the changes in society's views on homosexuality and homosexual marriages. The school of thought that best fits the laws striking down segregation is known as _____.

Kantian Ethics

The most famous of the deontological approaches to business ethics is referred to as ______ ethics.

appellant; appellee

The party filing the appeal is generally referred to as the ______ and the party defending the appeal is generally called the ______.

process of service

______ of ______ occurs when the defendant is given a copy of the complaint and summons by a process server or by certified or ordinary mail.

business law

_______ consists of the enforceable rules of conduct that govern commercial relationships.

situational ethics

______ ethics holds that once we put ourselves in another person's "shoes," we can evaluate whether that person's action was ethical.

Business ethics

______ is the application of ethics to the special problems and opportunities experienced by businesspeople.

Ethics

______ is the study and practice of decisions about what is good or right.

judge

Discretion to grant a motion to change venue rests with the: ______.

Ethical Fundamentalism

Absolutism is also referred to as ethical ______.

mediators

All but which of the following people are affected by a firm's business decisions?

dilemma

The use of ethics and ethical principles to solve business dilemmas is called an ethical

Immanuel Kant

Which philosopher proposed the categorical imperative to determine whether an action is right?

the edge of a state's borders

Generally, a state court's power to exercise in personam jurisdiction extends to: _______.

assume the destroyed documents were prejudicial to the company's case

A Fortune 500 Company purposefully destroyed internal electronic communications prior to and during litigation. The judge issued a jury instruction at the end of the trial instructing the jury to: ________.

peremptory

A ______ challenge allows a party to challenge potential jurors without giving a reason.

social responsiblities; community

A business's __________ should typically align with the expectations of the ______ where the business is located. (Choose ALL that apply)

ripe

A case is ______ if a judge's decision is capable of affecting the parties immediately.

intervene and tell the supervisor you assumed responsibility and forgot to submit the paperwork

A co-worker who has to leave work early to deal with a personal matter asks that you complete some time-sensitive paperwork and turn it into your supervisor before leaving at the end of the day. You agree and urge your co-worker to leave in order to address his personal matter, assuring him it will be taken care of. At the end of the day, you neglect to carry through on your promise and do not complete the paperwork. The next day, your supervisor chastises your co-worker, indicating that a reprimand will be placed in their personnel file because of the failure. Your co-worker does not disclose that you had promised to complete the work. Using the Golden Rule as a guideline, you should: _______.

reply

A counterclaim filed by a defendant in a lawsuit requires that the plaintiff respond with a(n): _______.

pay property taxes.

A court may exercise in rem jurisdiction over an out-of-state defendant's property in order to

stakeholders

A crucial consideration of all ethical guidelines or approaches is considering the effect of a particular decision on: ________.

affirmative defense

A defendant uses a(n) _________ when his answer admits that the facts contained in the complaint are accurate.

motion to dismiss

A demurrer is also known as a(n) ______ to ______.

circuit

A federal ______ court of appeals hears appeals from government administrative agencies.

motion

A formal request for a court to grant some relief during the litigation process, for example, to dismiss a case early, is called a

Fifth Amendment

A high school in Alabama suspended one of its students, John, on grounds of vandalism of school property. When the matter reached the court, the defense argued that John should be entitled to a fair trial in accordance with the _____ to the U.S. Constitution.

Work with community leaders to find a compromise for use of the buildings

A large construction company has purchased a piece of property in a small suburban community that values historic preservation. The piece of property contains buildings that have significant historic value to the town, however, the law does not provide any protection that requires preservation of the buildings. A socially responsible construction company would probably: ______.

directed, legal

A motion for a(n) _______ verdict, made by defense at the close of the plaintiff's case, asks a judge to enter verdict for the defendant before the defendant presents any evidence because there is no ______ basis for the plaintiff's claim.

ethical

A particular business practice may well be legal; however, it does not automatically follow that the same practice is also: _______.

remove

A party who wishes to transfer a case from state to federal court must file a motion to: _______.

standing

A person who has the legal right to bring an action in court has _______ to sue.

public law

A pharmaceutical company has been regularly dumping its hazardous waste in a nearby lake. This has led to serious health issues among people living in the neighborhood. Which of the following laws will regulate this incident?

Jurisdiction

A question of fact is typically resolved in a court that possesses original: ______.

political speech.

A shipping corporation supporting the campaign of an Ohio congressman for the post of governor would be protected by the First Amendment under the category of

mock trial

A trial set up by a jury selection firm to test jurors' reactions to attorneys' arguments and witnesses' testimony is known as: _______.

motion

A written argument arguing why a litigant wants to appeal a judicial decision is called a _______.

ethical

A(n) ______ dilemma is one in which the right answer is not always clearcut.

shadow

A(n) ______ jury watches an actual trial and deliberates, giving the attorneys an indication of how the real jurors might be deliberating.

complaint

A(n) ______ specifies the factual and legal basis for the lawsuit and the relief the plaintiff seeks.

mock

A(n) ______ trial is organized by a jury selection firm and occurs before trial.

treaty

A(n) _______ is best described as a binding agreement between two states or international organizations.

efficiency

Abigail has to decide whether to terminate a long-time employee whose productivity has failed to meet minimum guidelines over a period of time. One of the values that would impact Abigail's decision is: _________.

motion for judgment notwithstanding the verdict

Abigail, the plaintiff in a breach of contract case, was disappointed when the jury issued a verdict in favor of the defendant. Abigail's attorney, however, was convinced the jury did not properly apply the law and asked the judge to issue a judgment in favor of Abigail. The attorney accomplished this by filing a(n): _______.

Tenth

According to the __________ Amendment to the U.S. Constitution, all powers that the Constitution neither gives exclusively to the federal government nor takes from the states are reserved for the states.

new trial

After Abigail lost her breach of contract trial, she discovered that the defendant had lied on the witness stand. Her attorney can use this discovery to support a motion for a

complaint

After failing to resolve a contract dispute with Big Corp., John decides to pursue a remedy in court. The first document John's attorney will file in court is called a(n): ________.

discovery

After filing the initial pleadings and motions, the parties gather information from each other via: _______.

motion for summary judgment

After months of discovery, depositions, medical exams, document production and the like, John believes the court should find in his favor without the need for a full trial. In order to obtain a judgment in John's favor at this stage of the litigation, John's lawyer will likely file a(n) _______.

directed verdict.

After the close of a plaintiff's case, the defendant often makes a motion for a(n)

Appealing an arbitrator's award is more restrictive.

All but which of the following is an advantage of using the arbitration process?

past stakeholders

All of the following are potential stakeholders of a firm except: ________.

Code of Federal Regulations

All the Executive Orders created by the Presidents of the United States are found in the: ________.

county ordinances

Allison owned a floral shop in Greenville, South Carolina, but has moved to Chicago, Illinois, for personal reasons. She wants to establish another floral shop in the new city. She can find information regarding local taxes if she refers to the:

district

Almost every case in the federal court system begins in United States ______ court.

cost-benefit analysis

Alpha Manufacturing is considering closing a plant in the United States and moving outside of the country to save money. If Alpha's decision to do so was made solely by comparing savings in manufacturing costs, the company would be applying a(n) ______-______ analysis, a form of utilitarianism commonly applied by firms and government.

post-trial motion

Although the jury found in favor of John on his claim against Big Corp, John was surprised to learn that the case was not over yet. Big Corp intends to file a(n): ________.

legal

An affirmative defense is typically raised when the defendant agrees with the facts claimed by the plaintiff, but can offer a ______ reason for those facts.

Utilitarianism

An ethical theory that urges managers to take those actions that provide the greatest pleasure after having subtracted the pain or harm associated with the action in question is called _______.

the trial judge admitted hearsay evidence that affected the case

Appeals court justices may reverse a trial court decision if: _______.

catergorical imperative

Applying the categorical ______ would lead you to conclude that you should not cheat on a drug test, because if everyone acted in the same way, the drug test would be meaningless.

state court of last resort

Assume two parties are engaged in a lawsuit in the state of South Carolina, and the plaintiff chooses to appeal the verdict of the South Carolina trial court. Presuming South Carolina does not have an intermediate court of appeal, where would the case be heard?

judgement

At the end of the trial, the jury issues a verdict, and then the judge enters a final: _______.

mediation; 90

At the federal appellate level, if the judges refer the parties to a(n) _______ program, that program is expected to resolve the dispute within _______ days,

When it gives the defendant a copy of the complaint and a summon.

At which stage of a case proceeding does a court acquire in personam jurisdiction over a defendant?

racial background

Brown v. Wade

purpose

Business decisions are made for a reason. In other words, there exists a ___________ behind every decision as reflected in the WPH approach to ethical decision-making.

Values

Business decisions are typically driven by a particular purpose. The WPH frameworks suggests that the purpose or end result of a particular decision often reflects the business's

Standards

Business ethics refers to ________ of business conduct.

contracts, sales, partnerships

Clothing Manufacturer, Inc., a United States-based clothing manufacturer, chooses to use manufacturing plants in countries that do not prohibit child labor. This practice is perfectly legal. However, because of opposition to child labor in the United States, many view this decision as unethical. Unethical decisions may cost this company: _______. (Check ALL that apply.)

case law

Collection of legal interpretations made by judges is known as _____.

tax issues international trade bankruptcy

Congress has created specialized courts to deal with such issues as:_______. (Check all that apply.)

presiden; agent

Courts allow either the ----- or ------- of a corporation to receive service of process.

Common law

Courts issue judicial decisions that often include interpretations of statutes and administrative regulations. This type of law is best described as which of the following?

original

Courts of ________ jurisdiction are courts where evidence is presented and witnesses testify.

precedent

Courts use _____ to help them interpret statutes and admin. Regulations.

law

Courts with original jurisdiction deal with questions of fact, while courts of appellate jurisdiction address questions of: _______.

deposition

During a(n) ______, a witness is questioned under oath and the questions and answers are recorded by a court reporter.

direct examination

During his trial against Big Corp., John is called to the witness stand to answer questions posed by his own attorney. These questions are called: _______.

federal

Each of the fifty states has its own state court system, but the United States also has a(n) ______ court system.

ethical relativism

Ethical ______ is a theory of ethics that denies the existence of objective moral standards.

Natural

Ethical laws and principles believed to be morally right and "above" the law devised by humans are known as _____ law.

contracts

Ethical principles of honesty and dependability have long shaped the legal framework associated with the law of: _______.

profit

Ethical problems sometimes create difficult choices for business managers. For example, the purpose of most businesses is to make a ______, but that purpose must sometimes give way to a greater good.

fines; sanctions

Failure to comply with discovery requests made during litigation may result in: ________. (Check all that apply.)

All arbitration decisions are binding in international disputes and no defenses to enforcement exist.

France and Belgium are having a contractual dispute. According to their agreement (which falls under the New York Convention) the parties agreed for the dispute to be arbitrated in France. The French company presented its side to the arbitrator; however, the Belgian company did not appear at the arbitration. The arbitrator ruled in favor of the French company. All but which of the following defenses might the Belgian company use as a defense to enforcement of the arbitrator's decision?

nations

Global law regulates business practices between: _______.

Fourth Amendment

Government and law enforcement officials can conduct a search on personal property only if they have a court issued search warrant. This right is given to the U.S. citizens by the _____ to the Constitution.

It holds that whether an action is moral does not depend on the perspective of the person facing the ethical dilemma.

How is absolutism different from ethical relativism and situational ethics?

will likely not allow him to raise it during the trial

If a defendant fails to raise an affirmative defense in the answer, the judge: _______.

reverse

If an appellate court decides that the judgment of the lower court was wrong, the appellate court can ______ the judgment.

Administrative Law

If the Federal Trade Commission (FTC), a government agency, requires businesses to adhere to certain standards in advertising, the law that would cover this rule would be:

Executive Order

If the President signed a directive requiring all federal contractors to engage in Affirmative Action, this directive would be called a(n) _____________.

motion

If the location of a case needs to be changed because of heightened publicity surrounding the case, this can be accomplished by filing a ______ to change venue.

judgment on the pleadings

If the plaintiff in a breach of contract case believes that the complaint and answer, taken together, justify judgment in his favor, the plaintiff may file a motion for: _______.

concurrent

In a case involving ______ jurisdiction, either party has the ability to ensure that the case will be heard in the federal court system.

dispute occurred defendant lives

In a civil case, venue is appropriate where the: _______ (Check all that apply.)

bench; judge

In a(n) _______ trial, the _______ decides questions of fact.

forum-selection clause

In a(n) _________ clause, the parties specify which court would hear a dispute over an alleged breach of the contract.

Administrative Law

Law made by agencies is called the __ law.

administrative

In addition to encouraging settlement, Judge Smith calls parties before the court for a pretrial conference to hammer out ______ details, such as how long the trial will take and how many witnesses the parties may call.

counterclaim

In addition to offering, in the answer, any affirmative defense to the claims made by a plaintiff in a complaint, a defendant may also assert its own legal claims against the plaintiff by way of a(n): ______.

standing

In order for a court to exercise authority over a particular dispute, there must be an actual case or controversy, the case must be ripe for resolution, and the parties must have ______ to bring the case.

Jurisdiction

In order for a court to render a binding decision in a case before it, the court must have: ______.

notice

In order to appeal a trial court judgment, the losing party must file a ______ of appeal.

the thing

In rem jurisdiction is jurisdiction over an individual through: ______.

unethical

In some countries, bribery of local officials is essential to complete a business transaction. Although these countries may not prohibit this practice, bribing local officials may still be considered: _______.

Executive

In the United States, a treaty is generally negotiated by the _____ branch.

federal

In the United States, each state has its own court system, but there is also a(n) ______ court system.

closing argument

In the ______, each attorney summarizes evidence from the trial in a manner consistent with his or her client's case.

Hertz Corp. v Friend

In the case __________, the U.S. Supreme Court applies a "nerve center" approach to jurisdictional questions based upon diversity-of-citizenship.

negotiate

In the event a legal dispute begins to brew between two small business owners, the most common first step in resolving that dispute is to: ________.

12

In total, the federal court system has how many mid-level appeals courts?

federal circuit courts of appeal

Intermediate appellate courts in the various states are similar to the: ________.

moot

James brought an action against Sam two years after Sam had corrected his faulty work under a service contract. The court dismissed the action because the issue was: _______.

federal question

James claims a state statute preventing him from assembling in front of town hall to protest property taxes violates his first amendment rights to assemble. Although John can challenge this statute in state court, the federal courts can also hear the challenge because it raises a(n): _______.

Legal Positivism

Jason steals a life-saving drug to help his terminally-ill wife. The school of legal thought that would state that Jason has an absolute duty to adhere to the laws which prohibit theft no matter if it is for a greater good is known as: _______.

Minitrial

Jason's Bakery and Sophia's Shoe Shop were involved in a dispute. They decided to have their lawyers present their respective arguments in front of a neutral advisor. Both Jason and Sophia have settlement authority for their companies. After the lawyers presented their arguments to this neutral advisor, she rendered a nonbinding decision. Jason and Sophia then discussed the case, their lawyer's arguments, and the neutral advisor's decision in hopes of coming to a settlement. This scenario is an example of what method of dispute resolution.

defualt

John files a breach of contract complaint in court and serves that complaint according to the local rules for service of process on Big Corp. Big Corp., however, does not file its answer within the time required by the rules. In this situation, the court can issue a ______ judgment against Big Corp.

Lily

John is considering completing a commission-based sale to a regular customer of his co-worker, Lily. Lily stepped out of the office for an hour in order to have lunch with her mother, who is visiting from out of state. If John's decision-making were driven by the situational ethics theory, he should consider the effect of this decision on

demurrer

Judges generally grant a(n) ______ only when it appears beyond a doubt that the plaintiff cannot prove any set of facts to justify granting the judgment she seeks.

clearly erroneous

Judges grant motions for a new trial only if they believe the jury's decision was _______, but they are not sure that the other side should necessarily have won the case.

subject matter jurisdiction

Jurisdiction over the type of case before a court is called: _______.

Rule Utilitarianism

Labor laws that prohibit employers from hiring children are founded on the ______ form of consequentialism.

Schools of jurisprudence

Legal positivism, identification with the vulnerable, and cost-benefit are examples of: ______.

statutory laws

Legislative bodies, such as Congress or state legislatures, create what kind of laws?

privileges and immunities clause.

Mac, a successful restaurateur from Georgia, wanted to expand his business to Memphis, Tennessee. He was denied a business license from the regulatory authorities in Memphis. The authorities told him that he was a nonresident and could not get a license to conduct business in Tennessee. This denial is a blatant violation of the

small claims court domestic relations courts probate courts

Many jurisdictions have:_______.

continue as a sponsorship

Micro Corp. has been the national sponsor of a well-known charitable organization for years. Because Micro Corp is having a particularly slow year, it is considering pulling its sponsorship from that charity. If considered against the Public Disclosure Test, Micro Corp. should

model laws

NCC urges states to enacht ________.

the ethics of care

Nurturing human relationships is the cornerstone for the ethical approach known as: _______.

law

On appeal, an appeals court's job is to consider whether there were any errors of ______ during the trial.

deposition

On her drive to work, Abigail is involved in an automobile accident. Later on, she is sued by the other driver and, during the litigation, she receives a summons from the other driver's attorney to appear and answer questions. Abigail is most likely being asked to appear for a(n)

venue

Once a case is in the proper court system, ______ determines which trial court in the system will hear the case.

surprises

One of the main functions of discovery is fact gathering; this process prevents ______ at trial.

the law of the vulnerable

One school of jurisprudence talks about laws that attempt to level an uneven playing field. These laws are designed to provide fairness. Such laws are known as: _______.

documents

Parties to a civil lawsuit where injury is involved will often ask to see medical records, tax documents, wage statements and doctor's reports by serving a request for the production of ______.

values

Positive abstractions that capture our sense of what is good or desirable are called _______.

opening statement

Prior to calling witnesses or presenting evidence in a trial, the attorneys are allowed to make a statement before the jury. The statement is an introduction of the case to the jury, providing general information about he facts of the case and the legal arguments. This statement is called a(n): ________.

The parties may hide their dispute from the public, and the private trial may lead to a two-tier system of justice.

Private trials have been criticized for which of the following reasons?

ethical relativism

Questions of morality cannot be judged on an objective basis under the theory of

Negotiation

Red Resource Inc. and Coral Techno Inc. are in a dispute over a contract. They decide to use a form of alternative dispute resolution (ADR) to settle the dispute. Both the parties, along with their respective lawyers, meet to discuss the issue. However, there is no neutral third party involved. Which form of ADR is most likely being used here?

legal

Regardless of whether a particular course of action is ethical, at a bare minimum, a business decision should be: ______.

What is meant by peremptory challenges?

Rights given to a party to challenge a certain number of potential jurors without giving a reason.

employees

Since opening almost 30 years ago, Abigail's Restaurant has always closed on Christmas Day. This year, the new owner of the restaurant is considering opening on Christmas. The restaurant would not be violating any local or state laws in remaining open. In considering the decision, the stakeholders who would be most affected by the decision to remain open are the : _______.

historical

Stare decisis is an example of the ____ school of legal thought.

limited

State court systems, like the federal court system, have courts of both general and ______ jurisdiction.

live outside the state

State long-arm statutes allow for service of process on defendants who: _______.

restatements of the law

Summaries of the common law rules in a particular area of the law are known as: _______.

cost-benefit analysis

Suppose that a court must decide whether or not a mandatory arbitration clause must be upheld in a contract dispute. The judge then weighs the costs of the pros and cons of upholding the law. The judge reaches a decision based on these estimates; therefore, the school of jurisprudence that the judge has used is known as: _______.

vulnerable

The "identification with the __________" school of jurisprudence recognizes that while some members of our society are able to take care of themselves, others -- such as the ill, children, the aged, the disabled, and the poor -- require assistance to meet their fundamental needs of life, health, and education.

personal stake

The American legal system requires that a plaintiff have a(n) ________ in the outcome of the case because this stimulates her to present the best possible case.

Supremacy Clause

The Federal Trade Commission has issued a ban on an ingredient which cannot be allowed in products. This ban is based upon research showing its role in increased birth defects. If North Carolina permits the usage of this ingredient in a dietary supplement, then North Carolina would be a violation of the _____.

supremacy clause

The Federal Trade Commission has issued a ban on an ingredient which cannot be allowed in products. This ban is based upon research showing its role in increased birth defects. If North Carolina permits the usage of this ingredient in a dietary supplement, then North Carolina would be a violation of the _____.

gives the right to limited free speech.

The First Amendment of the U.S. Constitution

prevents states from denying the equal protection of the laws to any citizen.

The Fourteenth Amendment to the U.S. Constitution

ethical guideline

The Golden Rule is an example of a(n): _______.

One of the parties did not have the authority to enter into a legal contract.

The New York Convention ensures that countries that are parties to the treaty will enforce an arbitration award. Which of the following is a defense to lack of enforcement of the arbitration award?

President George Bush

The Sarbanes-Oxley Act was signed into law by

Federalism

The U.S. Constitution establishes a system of government based on the principle of __________, according to which the authority to govern is divided between federal and state governments.

arbitration

The US favors ______ for resolution of international disputes.

notice

The United States Constitution does not require specific means of service, but it does require service that is reasonably calculated to provide: _______.

final appellate court; last resort; highest authority

The United States Supreme Court is the court of: _______. (Check all that apply)

circuit

The United States ______ courts of appeal make up the second level of courts in the federal system.

"what if everyone acted this way"

The Universalization Test, an ethical guideline available as a tool for businesses, asks the question: _______.

stakeholders

The WPH process of ethical decision-making requires a business manager to focus on the "whom", also known as the _________, that may be affected by a decision.

EPA (Environ. Protection Agency); OSHA (Occupational Safety & Health Admin.)

The ____ enforces federal environmental statutes, while _____ enforces workplace safety regulations

plaintiff

The ______ initially determines the venue of a case when it is filed in court

Administrative Law

The collection of rules and orders of government agencies is know as __ law.

authorizes the federal government to regulate interstate commerce and international commerce.

The commerce clause

consequences

The deontological approach to ethics recognizes that certain actions are considered either right or wrong regardless of the: ________.

summons

The document that puts the defendant on notice of a complaint against them and explains how to respond is called a(n)

summons

The document that tells the defendant to respond to a complaint within a certain period of time is called the ______.

web of care

The ethics of care presumes that when an individual cares for another, they are, in fact, caring for all individuals who fall within a(n): _______.

Article III, Section 2

The federal court system derives its power from ______ of the United States Constitution.

pleading

The first formal stage of a lawsuit is the ______ stage

uphold contracts and public acts established in other states, as long as they do not violate their public policy.

The full faith and credit clause requires that courts in all states

supreme

The highest court in most state court systems is called the ______ court.

United States Supreme Court

The highest court in the federal court system is the

Golden Rule

The idea that we should interact with other people in a manner consistent with the manner in which we would like them to interact with us is called the _______.

public disclosure test

The premise behind the _______ test is that ethics is hard work - labor that we might avoid if we did not have frequent reminders that we live in a community.

service of process

The procedure by which courts present complaint and summons documents to defendants is known as _____.

evidence

The purpose of a closing statement is to provide the jury with a summary of the: ________.

inconsistencies in testimony

The purpose of cross-examination of witnesses is to point out: _______.

adverse

The relationship between a plaintiff and a defendant in litigation that satisfies the case or controversy requirement must be ______.

Administrative Law

The rules and decisions made by a government agency are known as ______.

procedure

The rules of civil _____ govern civil case proceedings.

legal realism

The school of jurisprudence known as ______ ______ is based on the idea that a judge, when ruling on a case, needs to consider not just the law, but social and economic conditions as well.

legal positivism

The school of thought that sees the law as a set of rules to be obeyed despite negative moral implications is known as: _______.

cost-benefit analysis

The school of thought which states that legal change should maximize benefits and minimize costs is known as

plaintiff has a personal stake in the outcome of the case.

The standing requirement of a lawsuit is said to be met when

U.S. Supreme Court

The structure of the state court systems is very similar to the federal court system and, therefore, state courts of last resort can be likened to the: _______.

the good life

The ultimate goal of virtue ethics as an ethical system is the achievement of

choice-of-law forum-selection

To minimize extra costs associated with future litigation, many businesses will include in their contracts a(n) _______ clause, a(n) _______ clause, or both.

access to a large enough supply of goods and services to meet your basic needs, safety from those wishing to interfere with your property rights, self-confidence to such an extent that risks are welcome.

The value of "security" includes all of the following alternative meanings

freedom; without restrictions

The value of _______ is the ability to act _______ from rules imposed by others.

fact-finders

Theoretically, ________ make informed and impartial rulings because each party has an incentive to find all relevant evidence and make the strongest possible arguments on behalf of her position.

the plaintiff and defendant must live in different states.

To have a diversity-of-citizenship case,

interrogatories

To uncover the basic facts surrounding a lawsuit, a defendant and plaintiff serve a written set of ______ on each other.

false

True or false: A peremptory challenge requires a party to give a reason for why a juror should be excluded.

false

True or false: Appeals courts are courts of original jurisdiction.

false

True or false: It is not possible to obtain in personam jurisdiction over a corporation because a corporation is not a person.

false

True or false: Technology has had no impact on the discovery process used by the parties to litigation.

FALSE

True or false: The phrase "business ethics" is synonymous with the phrase "social responsibility".

False

True or false: The term Jurisdiction means to "decide the law."

Fasle

True or false: The underlying ethics of a business decision can be ascertained quite simply by following the categorical imperative.

false

True or false: There are no limits on a court's ability to decide a case.

Shadow jury

What is the name for a jury which is comprised of individuals whose demographics match those of a trial's real jurors and that watches the actual trial?

affirm

Typically, when an appellate court agrees with the lower court decision, the appellate court will: _______.

Natural

Under _____ law, individuals not only have basic human rights, but also the freedom to disobey a law enacted by the government if their conscience goes against it and they believe it is wrong.

lacks an official transcript

Unlike a trial, an arbitration proceeding _______

adversarial

Unlike the legal systems in other countries, the United States embraces a litigation system that relies on a neutral body to hear opposing sides of a case and come to a conclusion in favor of one party. This system is known as a(n) ______ system.

geographic location

Venue is a matter of ________ which is determined by each state's statutes.

where the defendant resides

Venue is appropriate: _______.

courage and justice

Virtue ethics as an ethical system focuses on the development of positive character traits such as:_________

Who and How

What do the letters "WH" mean in reference to the "WH Framework for Business Ethics" discussed in the text?

The North American Free Trade Agreement

What does the acronym NAFTA stand for?

sanctions

When John realizes he is about to be sued for breach of his employment contract, he deletes all his emails, both private and employment-related. John is worried that his employer may see emails to a competitor sharing trade secrets. Under the rules of civil procedure, the court may later impose ______ on John for this behavior.

a state long-arm statute.

When a New York company sells a product that injures a resident of Kentucky, a Kentucky court can exercise personal jurisdiction over the New York defendant based upon: _______.

ADR tends to exemplify the spirit of compromise while a trial has a definite winner and loser.

When a business is involved in a dispute and it must decide between ADR and a trial, it needs to consider which of the following?

cost-benefit analysis

When a business makes decisions based on a(n) ___________ analysis, it is comparing the pleasure and pain of its optional choices, as that pleasure and pain are measured in monetary terms.

Consequentialism

When a business manager makes a decision that takes into account the harm and benefit caused by that decision, the manager is actually applying the theory of business ethics known as: _______.

could be viewed on the news

When a company executive is considering engaging in profitable, yet dishonest, behavior, it is always wise to consider how that behavior

affirmative defenses

When a defendant files an answer to a complaint, that answer typically includes any ______ ______ being raised by the defendant.

served

When a defendant is ______ with a complaint, it allows the court to assert personal, or in personam, jurisdiction over that defendant.

property is located

When a legal dispute involves the ownership of property, venue is appropriate where the: _______.

relief

When a party decides to pursue a lawsuit, it is important that the complaint be drafted to include the facts that support the legal claim, the basis for the court's jurisdiction, and the request for: ________.

concurrent

When both state and federal courts have authority to hear a particular type of case, jurisdiction is said to be: _______.

When the defendant fails to answer to the copy of the complaint sent by the court.

When does a default judgment occur?

Rule Utilitarianism

When employees in a firm asked for a pay hike, the management assessed the expenses involved in it. It realized that the shareholders and customers would have to face more negative consequences when compared to the benefits enjoyed by the employees. Thus, the management decided to introduce employee stock options in order to keep both the employees and the shareholders satisfied. Which of the following theories of business ethics does this best illustrate?

lawyer

When negotiating a legal dispute informally fails, parties often must consult a(n) ____ to help navigate the legal issues and resolve the dispute.

concurrent authority

When state and federal governments have _____, both powers have the power to regulate the same subject matter.

jurisprudence

When the courts or legislators make law, they are guided by certain habits of mind and specific beliefs about human nature. The results are schools of ______ which shape the interpretation of the law.

will not hear the case

When the issue on appeal in a case is purely a state law issue, the U.S. Supreme Court: _______.

Shareholders, employees, customers, and management

Which of the following are stakeholders of a business?

Refusing to hear relevant evidence.

Which of the following can form grounds for disputing an arbitrator's decision in a court of law?

The confidentiality associated with an arbitration proceeding can be harmful.

Which of the following is a disadvantage of arbitration?

trial

______ courts, or courts of original jurisdiction, have the power to hear and decide cases when they first enter the legal system.

to encourage social justice

Which of the following is an intended and essential purpose of law?

counterclaim

Which of the following is included with defendant's answer when he or she has a claim against the plaintiff?

Help each party listen to the opposing party's concerns.

Which of the following is one of the main goals of a mediator in a dispute?

business ethics

Which of the following is the application of ethics to special problems and opportunities experienced by those in business?

Business ethics refers to standards of business conduct but does not result in a set of correct decisions.

Which of the following is true regarding business ethics?

private law

Which of the following laws would govern a dispute between a tenant and a landlord over payment of rent?

It is a system of government in which the authority to govern is divided between federal and state governments.

Which of the following statements best explains federalism?

The Privileges and Immunities Clause.

Which provision of the U.S. Constitution prohibits states from discriminating against citizens of other states when those nonresidents engage in "ordinary and essential" activities?

historical

Which school of legal thought relies on custom or tradition, and assumes that past practice was the product of careful thought?

both sides

Which side's attorney gets to have an opening statement in a civil trial?

are considered acts against society as a whole

While civil law involves the right between people and people and the governments, criminal law

guidelines

While ethical dilemmas sometimes have no clear cut right or wrong answer, the study of business ethics has generated certain schools of thought or ethical theories, many of which provide ______ in decision making.

It enables courts to serve defendants outside the state as long as the defendant has sufficient minimum contacts within the state.

Why have most states enacted a long-arm statute?

Checks and balances

_____ is that system in which the U.S. Constitution allocates specific powers to each branch of government to keep the respective branches from dominating one another.

values

______ are positive abstractions that capture our sense of what is good or desirable. We derive our ethics from them, and they represent our understanding of the purposes we will fulfill by making particular decisions.

Deontology

______ consists of acting on the basis of the recognition that certain actions are right or wrong, regardless of their consequences.

Appellate, clearly erroneous

______ courts can overrule trial courts' decisions on questions of fact, but only when the trial court's finding was ________ or when no trial evidence supports the trial court's finding.

intemediate

______ courts of appeal, analogous to federal circuit courts of appeal, exist in approximately half the states.

Med-arb

_______ is a dispute resolution process in which the parties agree to start out in mediation and, if the mediation is unsuccessful on one or more points, also agree to move on to arbitration.

Venue

_______ is the legal term for the geographic location in which a case may be tried. It is determined by each state's statutes.

Mediation

_______ is the primary alternative dispute resolution (ADR) process used in federal district courts.

absolutism

_______ requires individuals to follow a rigid set of rules regardless of the situation.

in personam

_________ jurisdiction (literally, "jurisdiction over the person")

restatements of the law

___________ are summaries of common law used by legal scholars and professionals to understand law in particular states.

pretrial

a --------- conference is an informal meeting of the judge and attorneys that occurs before trial. During this conference, the parties try to narrow the legal and factual issues and possibly settle the case.

Act Utilitarianism

urges managers to take those actions that provide the greatest pleasure after having subtracted the pain or harm associated with the action in question.

Summary jury trials

allow judge to set own rules

commerce clause

authorizes the federal government to regulate interstate commerce and international commerce.

The Bill of Rights applies to corporations because

business corporations are considered "artificial persons."

appellate courts

have the power to review previous judicial decisions passed by trial courts.

The Chinese constitution

prohibits citizens from engaging in political acts against the government.

federal

the _____ Rules of Civil Procedure govern how cases are run in the federal district courts.

freedom

to act w/o restriction from rules imposted by others, to posses the capacity/resources to act as one wishes, to escape the cares and demands of this world entirely

Efficiency

to maximize the amount of wealth in society, to get the most from a particular output, to minimize costs

security

to possess a large-enough supply of goods/services to meet basic needs, to be safe from those wishing to interfere with your property rights, to achieve the psychological condition of self-confidence to such an extent that risks are welcome

justice

to receive the products of your labor, to treat all humans identically, regardless of race, class, gender, age and sexual preference, to provide resources in proportion to need, to possess anything that someone else is willing to grant you