Business Law Exam One – Flashcards

Each judge has his or her personal beliefs, which shape the legal reasoning process.

A court of appeals does not hear any evidence.

The use of additional evidence distinguishes the motion for summary judgment from the motion for judgment on the pleadings.

In mediation, the mediator proposes a solution and makes a decision resolving the dispute.

A compulsory arbitration in a consumer contract may be unconscionable.

An arbitrator's fact-findings and legal conclusions are normally final.

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

Generally, government inspectors do not have the right to enter business premises without a warrant.

Substantive due process limits what the government can do in its legislative and executive capacities.

The Bay City Planning Department, the Coastal County Zoning Commission, the Delaware Environmental Quality Agency, and the U.S. Bureau of Land Management issue regulations. These rules constitute: a. administrative law b. case law c. stare decisis d. statutory law

Jenna files a civil suit against Keshia. To succeed, Jenna must prove her case: a. beyond a reasonable doubt b. by a preponderance of the evidence c. by indisputable proof d. to the extent promised in her attorney's opening statement

Fair Trade Company and Good Shipping, Inc., have their dispute resolved in arbitration. The arbitrator meets with Fair's representative to discuss the dispute outside the presences of Good's representative, before determining the award. If this meeting substantially prejudiced Good's rights, a court will most likely: a. do nothing b. review the merits of the dispute c. review the sufficiency of the evidence d. set aside the award

Orson files a suit against Portia. 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 imposes a resolution on the parties. This is: a. arbitration b. mediation c. negotiation d. not a legitimate form of dispute resolution

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