Exam 1

The Pennsylvania legislature enacts a state law that violates the U.S. Constitution. This law can be enforced by: a. no one. b. the federal government only. c. the state of Pennsylvania only. d. the United States Supreme Court only.

A- no one

Fresh Harvest Company, which is based on Georgia, packages and sells vegetables. Hayden, who is a resident of Indiana, buys a Fresh Harvest product, eats it, and suffers severe food poisoning. Hayden wants to file a suit against Fresh Harvest. The diversity of citizenship between these parties means that a. federal and state courts have concurrent jurisdiction. b. federal courts have exclusive jurisdiction. c. no court has jurisdiction. d. state courts have exclusive jurisdiction.

A-Federal and state courts have concurrent jurisdiction

Sara believes that she has a strong case against Tom for the breach of an employment contract. Despite this belief, Sara cannot file a suit against Tom after the expiration of the time allowed for the filing under: a. the statute of limitations. b. the doctrine of laches. c. an equitable maxim. d. the remedy at law.

A-Statute of limitations

Lyn files a suit against Karl. Karl denies Lyn's charges and sets forth his own claim that Lyn breached their contract and owes Karl money for the breach. Karl's claim is a. counterclaim. b. motion for judgment on the pleadings. c. motion for summary judgment. d. motion to dismiss.

A-counterclaim

Mac and Nan engage in a business transaction from which a dispute arises. Mac initiates a lawsuit against Nan by filing a complaint. If Nan responds to Mac's complaint by filing a counterclaim, then a. Mac will also have to file an answer. b. Mac will have a judgment entered in his favor. c. Nan will also have to file an amended answer. d. Nan will have a judgment entered in her favor.may say, but a time of deciet and power transends in the gender social system.

A-mac will also have to file an answer

A Maryland state court can exercise jurisdiction over National Insurance Corporation, an out-of-state company, if the firm has: a. minimum contacts with the state. b. maximum contacts with the state. c. medium contacts with the state. d. no contacts with the state.

A-minimum contacts with the state

Boyd 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 is a. not required to hear the case. b. required to hear the case because Cathy lost in a federal court. c. required to hear the case because Cathy lost in a lower court. d. required to hear the case because it is an appeal.

A-not required to hear the case

In studying the business law, students also review ethics in a business context. Ethics includes the study of what constitutes a. right or wrong behavior. b. financially rewarding behavior. c. legal behavior. d. religious behavior.

A-right or wrong behavior

The Nebraska Supreme Court issues an opinion that can be found at 285 Neb. 88, 825 N.W.2d 429. "285" is: a. the number of the volume in the official reports of the court's decisions. b. the number of the volume in Thomson Reuter's unofficial publication of the court's decisions. c. a page number in the appropriate volume. d. the number of the case in the sequence decided by the state's highest court.

A-the number of the volume in the offical reports of the court's decisions

To prepare for a trial between SmartPhones, Inc., and TechApps Company, TechApps' attorney places SmartPhones' chief executive officer (CEO) under oath. A court official makes a record of the attorney's questions and the CEO's answers. This is a. a cross-examination. b. a deposition. c. voir dire. d. an interrogatory.

B- a deposition

Mac and Nan engage in a business transaction from which a dispute arises. Mac initiates a lawsuit against Nan by filing a complaint. The sheriff serves Nan with a summons. If Nan chooses to ignore it a. Mac must file an amended complaint. b. Mac will have a judgment entered in his favor. c. Nan must be served with a second summons. d. Nan will have a judgment entered in her favor.

B-Mac will have a judment entered in his favor

Lowell runs Medical Debt Collection Agency. He collects debts by misrepresenting the facts and pretending to be licensed to perform various occupations. Lowell's conduct most likely warrants a. an admonition for unethical behavior but no other sanctions. b. an injunction plus other sanctions. c. no sanctions but no praise. d. praise for the aggressive approach to collecting debts.

B-an injunction plus other sanctions

Ryland, an officer for Sports Park, Inc., attempts to apply a duty-based approach to ethical reasoning in conflicts that occur on the job. This approach is based on the idea that a person must a. achieve the greatest good for the most people. b. avoid unethical behavior regardless of the consequences. c. conform to society's ethical standards. d. place his or her employer's interest first.

B-avoid unethical behavior regardless of the consequences

The U.S. Congress enacts a new federal statute that imposes liability on businesses hiring employees without verifying their citizenship status. This statute applies: a. only to businesses not covered by state law. b. only to those states that consent to apply it. c. to all of the states. d. to none of the states.

C- to all the states

Corporate Security Company provides other firms with security services. Questions of what is ethical involve the extent to which Corporate Security has a. a legal duty beyond those duties mandated by ethics. b. an ethical duty beyond those duties mandated by law. c. any duty beyond those mandated by both ethics and the law. d. any duty when it is uncertain whether a legal duty exists.

C-any duty beyond those mandated by both ethics and the law

Donatello files a suit against Erasmus. Before going to trial, the parties meet, with their attorneys to represent them, to try to resolve their dispute without the involvement of a third party. This is a. arbitration. b. mediation. c. negotiation. d. not a legitimate form of dispute resolution.

C-negotiation

Larry enters into a contract with Motivational Education Services to host a panel discussion at a sales conference. When the conference is postponed indefinitely, Larry asks a court to cancel the contract and return the parties to the positions that they held before its formation. This request involves: a. specific performance. b. an injunction. c. rescission. d. an action that the court cannot order.

C-recission

Transnational Corporation and United Shipping, Inc., agree to a contract that includes an arbitration clause. If a dispute arises, a court having jurisdiction may a. monitor any arbitration until it concludes. b. order an arbitrator to rule in a particular way. c. order a party to bring the dispute to court. d. order a party to submit to arbitration.

D

In making business decisions, Ridgeline Utility Service Company and other corporations should strive to be "good citizens" by evaluating a. the legal implications of each decision. b. the public relations impact. c. the safety risks for consumers and employees. d. all of the choices.

D-all of the choices