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Business law hw

The most important primary source of our law is:
The U.S. Constitution.
State constitutions are a primary source of law.
True
Any law based on a constitution is called
Constitutional law.
The U.S. Constitution is
Supreme
Hector believes that a law under which he was convicted for a crime violates the Constitution. If ultimately the Supreme Court agrees with him, that law will be declared
unconstitutional.
A second primary source of law involves the U.S.
Congress and state and local legislature.
The U.S. Congress passes federal statutes. They do not apply to all states.
False
The uniform law adopted by all states that facilitates commerce.
Uniform Commercial Code
Administrative agencies are created to:
Perform specific government functions.
The Federal Trade Commission is an example of a
Independent regulatory agency.
Case law is based on the decisions made by those who run administrative agencies.
False
Case law is derived from judges’ decisions for actual cases.
True
Remedies involve specific performance.
Part of the common law tradition relies on the doctrine of
stare decisis.
The Latin phrase for the correct answer in the previous question means:
to stand on decided cases.
One of the important functions of law is to provide
stability and predictability.
A precedent is a decision that furnishes an example or authority for deciding subsequent cases involving similar legal principles or facts.
True
A source of law that courts must follow when deciding a case is called a binding authority. A binding authority does NOT include which of the following:
Opinions from trusted papers.
Select the order for the following words to form the basic steps in legal reasoning:
Issue, Rule, Application and Conclusion.
Generally speaking, the Restatements of Law:
summarize the common law rules followed by most states.
Li Ang is researching new state inheritance laws. She will NOT bother to investigate which of the following:
Restatements of Law.
One way to divide law is into:
constitutional and Substantive law.
Civil law, as opposed to criminal law, can best be described as:
the law that governs relations between persons.
Which of the following laws CANNOT be at issue in criminal law?
A law against not performing an employment agreement.
When Congress passes a law, you can find it in which publication?
United States Statute at Large.
In the field of legal research, a “citation” is:
a reference to a publication in which a legal authority can be found.
The parties to lawsuits are the plaintiff and the defendant. Plaintiffs must always be individual persons.
False
The party who appeals a lower court’s decision.
Appellant
Whenever a court’s opinion is not unanimous, but most of the judges agree with it, is it called a:
Majority opinion.
In a particular case, Judge Angle does not agree at all with the other judges’ opinions. Which of the following type of opinion will he write?
Dissenting opinion
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:
Administrative law.
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:
statutory law.
Richard is a state appeals court judge. In making judicial decisions, Richard issues rulings that are consistent with precedents established in similar cases within his jurisdiction. Richard is following the principle of:
stare decisis.
All of the cases that 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:
the common law.
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:
damages.
A case comes before a Wisconsin state trial court on the subject of free speech on the Internet. It is a case of first impression, meaning that no case involving the same issue has been decided by the Wisconsin courts. In deciding such a case, it would not be considered proper for the judge to consider:
equitable maxims.
Tyler believes that some laws passed by his state’s legislature are bad, and he refuses to comply with them. He believes that there is a universal law above all others that grants rights to all people and that it is above all other laws. Tyler subscribes to what school of jurisprudential thought?
The natural law school.
Elaine is involved in a car accident where 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?
Substantive law.
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:
Reporters.
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:
Appellant
John is a resident of Iowa. While driving through California, he has an accident involving Marisol, a California resident. Marisol files a lawsuit in a California state court. Over John, the California court has
in personam jurisdiction.
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
the case is being heard for the first time
Vinny decides to sue Allison. To begin the suit, Vinny must file a complaint. A complaint should contain
a statement of the basis for the court’s jurisdiction
Toybox, Inc., manufactures the Spintop, a toy that the company discovers can cause harm. Before anyone is injured, Anne, a pediatric nurse who has not purchased a Spintop, files a suit against Toybox, Inc. In seeking to have the suit dismissed, Toybox, Inc., best argument is that Anne does not have
standing to sue
The doctrine of judicial review allows
the judicial branch to decide whether laws or actions of the other two branches are constitutional
The power of judicial review has remained unchallenged since which Supreme Court decision?
Marbury vs Madison
3. When a state exercises jurisdiction over property within that state, this type of jurisdiction is called in personam.
False
A long arm statute allows one state’s court to exercise jurisdiction over a defendant from another state who has _______ with the state in which the court is located.
Minimum Contacts
Concurrent Jurisdiction
Cases involving federal questions and diversity-of-citizenship cases.,
Exclusive Federal Jurisdiction
Cases involving federal crimes, bankruptcy, patents, copyrights, trademarks, and suits against the United States.,
Exclusive State Jurisdiction
Cases involving all matters not subject to federal jurisdiction.
Venue refers to the primary subject matter of a case at trial.
False
Standing to sue 3 elements:
Causation, Harm, Remedy
Original
Exists with courts that have the authority to hear a case for the first time
Subject Matter
Limits the courts juristrictional authority to particular types of cases
Appellate
Exists with courts of appeal and review.
A federal court can exercise jurisdiction if a case involves:
a treaty, U.S Constitution, or federal law
The Johnsons are in an auto accident with a driver who lives near them in the same town. No one is injured and the Johnsons’ car suffered only $5,000 in damages. Why can’t the Johnson’s sue the other driver in federal court?
bc they live in the same state and the damages are too small
ordering of the most court systems:
trial > intermediate appellate courts > supreme courts
Trial Courts deal with:
questions of fact
Appellate or Reviewing Courts deal with:
questions of law
The Supreme Court hears all cases sent to it for review.
False
Which of the following does the Supreme Court have to issue before it hears a case?
a writ of centariari
A trial between Shane and Verna results in a jury verdict in Shane’s favor. After the jury renders its verdict, Verna’s attorney can file a motion
for a new trial
Motor Sports, Inc., sues A-Z Speed. Motor Sports alleges that A-Z breached (failed to perform) a contract that required A-Z to sell ten Jet Skis to Motor Sports. Under the rules governing discovery, Motor Sports is most likely entitled to obtain
documents in A-Z’s possession relating to the contract.
Anna sues Whitney. While presenting her case, Anna’s attorney calls Whitney’s doctor to the witness stand. The questioning of this witness at this point in the trial is known as
direct examination.
jurisdiction over persons:
power of a court to compel the presence of the parties (including businesses) to a dispute to appear before the court and litigate
Jurisdiction over in rem
power to decide issues relationg to real or personal property
Long arm statutes
used for non-resident parties based on minimum contacts with state// means defendant had some connection with forum state
federal questions
rights or obligations of a party aere created or defined by some federal law
diversity citizenship
parties are not from same state and amount in controversy exceed 75,000$
standing
a party must have suffered a legal injury and have a sufficient “stake”
we are in the ____ circuit
5th: texas, LA, Mississippi
a ruling on self defense is
a question of law
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.
Choice of law clause.
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
do nothing
Litigation
The process of resolving a dispute through the court system,
Alternative Dispute Resolution (ADR)
The resolution of disputes in ways other than those involved in the traditional judicial process. Negotiation, mediation, and arbitration are forms of ADR.
Negotiation
In regard to dispute settlement, a process in which parties attempt to settle their dispute without going to court, with or without attorneys to represent them.
Mini-Trial
A private proceeding in which each party to a dispute argues its position before the other side and vice versa. A neutral third party may be present and act as an adviser if the parties fail to reach an agreement.,
Facilitation
Settling disputes in which a third party assists disputing parties in reconciling their differences.,
Mediation
A method of settling disputes outside of court by using the services of a neutral third party, called a mediator. The mediator acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute.
Early Neutral Case Evaluation
A form of alternative dispute resolution in which a neutral third party evaluates the strengths and weakness of the disputing parties’ positions. The evaluator’s opinion forms the basis for negotiating a settlement.,
The simplest form of ADR is
Negotiation
Assisted negotiation consists of the following EXCEPT:
Jury trial
Arbitration differs from other forms of ADR because:
the arbitrator hears the dispute and imposes a solution on the parties
Negotiation def
parties meet informally without their attorneys and attempt to agree on a resolution
Arbitration def
The parties present their arguments and evidence before an arbitorar at a hearing and the arbituror renders a decision resolving the parties dispute
Mediation def
A neutral third party meets with the parties and emphasizes points of agreement to bring them towards resolution of their disputes
Arbitration
The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision. The decision may or may not be legally binding.,
Arbitrator
A neutral third party or panel of experts that hears a dispute in arbitration.,
Arbitration Clause
A clause in a contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court.,
Submission
The act of referring a dispute to an arbitrator.,
Award In the context of arbitration, the arbitrator’s decision.
The Federal Arbitration Act established a set arbitration procedure.
False
A major not-for-profit provider of ADR services is .
the AAA
______ involves a court deciding whether a matter is one that must be resolved through arbitration.
arbitibility
Pursuant to the Federal Arbitration Act, an arbitrator’s decision may be set aside by reviewing court for all of the following reasons EXCEPT:
disagreement by the court with the outcome of the decision on the merits.
James, a homeowner, files a lawsuit against Helen, his construction contractor. Prior to trial, they meet with their attorneys to try to resolve their dispute before going to trial. This procedure is known as
Negotiation
Most states have adopted the
Uniform Arbitation Act
The arbitration process begins with the hearing.
False
When one party files a lawsuit to compel arbitration, the courts must resolve the issue of arbitrability
True
The United States Supreme Court has held that mandatory arbitration clauses in employment contracts are generally unenforceable.
False
Andrew submitted a business dispute with Rebecca to arbitration pursuant to the terms of the parties’ contract. Rebecca did not object and participated in the arbitration, but lost. She objected to the submission of the case to arbitration. Her objection will be denied because of the application of the legal principle of
waiver
What is the mechanism by which the parties to a contract can make sure that the law of a particular state governs their arbitration agreement?
They can include in their agreement a choice of law clause.
One of the following is NOT a disadvantage of arbitration:
Arbitration is costless.
Bribery is acceptable in certain foreign countries. Indeed, U.S. Development, Inc., has found that the only way it can ensure delivery on certain contracts in these countries is to bribe the officials. This is
permitted by U.S. law if the payment is made to a minor official to speed up administrative procedures.
Under corporate social responsibility theory, to who(m) does the chairman and CEO of the company owe an ethical duty?
The workers, the community and the shareholders.
When the CEO of the company decides that he wants to pay the workers while the plant is closed, because “it is the right thing to do” regardless of the consequences, what ethical philosophy is he likely using?
duty-based ethics
Which of the following would be the best argument to the shareholders that paying the workers while the plant is under construction is the correct decision?
That long-term profit maximization would be benefitted by this move
Ethics can be defined as the study of
what constitutes right and wrong behavior
Business ethics does NOT focus on
how businesses are treated under international law.
Investors dissatisfied with profit-maximization theory look beyond profits to consider the triple bottom line.
corporate profits, the impact of profits on ppl, the impact of profits on the planet
Business ethics are consistent only with short-run profit maximization.
False
Compliance with the law is sometimes called the
moral minimum
you are starting a new company. You want your employees to act ethically. What will you NOT do?
let employees know that only short run profits matter
Olivia makes a statement on her Twitter account that casts a negative light on her employer. Her manager fires her for violating her company’s social media policy. Olivia claims that federal law prohibits her from being fired. Does she have a valid argument?
yes, bc federal labor law protects employees right to engage in concerted activities
Jeff believes in the principle of rights theory and uses it to make ethical decisions for his business. He must decide whether to expand his business into Asia. Several key employees do not want the business to expand overseas and have threatened to quit if Jeff makes this move. Under the principle of rights theory, he will make this decision by considering
how the expansion will affect the rights of his employees, his consumers, and the community into which he wishes to expand.
Patrick, the human resources manager at Acme Company, must decide how to cut personnel costs. This decision will harm employees who are laid off or fired. Patrick must balance the interests of employees who have been loyal to the firm for a long time against the interests of
Acme’s shareholders.
Marshall owns and operates a construction firm. He uses inexpensive and low-grade building products and accepts inferior carpentry work from his subcontractors. Nevertheless, Marshall complies with all the city building codes as well as all state and federal laws. Has he fulfilled all of his ethical obligations?
No, because legal compliance is regarded as the moral minimum.

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