Quiz 1,2,3 of BusLaw – Flashcards

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F In the absence of law, we would rely solely on the goodwill and dependability of one another.

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T While some new laws have been adopted to regulate the kinds of activities businesses can now conduct online, cyberlaw is based primarily on existing laws.

T Case law, also called common law, is the collection of legal interpretations made by judges.

T Case law, also called common law, interpretations are law unless revoked later by new statutory law.

F The principle of "stare decisis" refers to "standing by their decision," a reference to rulings made in higher courts that become a binding precedent for lower courts.

T When an issue is brought before a state court, the court will determine whether the state supreme court has made a decision on a similar issue, which creates a binding precedent or pattern of law the lower court must follow.

F Constitutions and statutes never cover all the detailed rules that affect relationships between government and business.

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F Courts may have in rem jurisdiction (Latin for "jurisdiction over the thing") even over property.

F A federal district court established a "sliding-scale" standard in the 1997 case Zippo Mfg. Co. v. Zippo Dot Com, Inc. for determining whether a business that has Internet contact with a plaintiff in a different state satisfies the minimum-contacts standard.

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T In an extremely limited number of cases, the U.S. Supreme Court functions as a trial court of limited jurisdiction. These cases include controversies between states and lawsuits against foreign ambassadors.

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

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F The case or controversy (or justiciable controversy) requirement ensures that courts do not render advisory opinions.

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T Peremptory challenges allow a party to challenge a certain number of potential jurors without giving a reason.

T The U.S. Supreme Court ruled that race-based peremptory challenges violate the U.S. Constitution.

F In most civil cases, a plaintiff must prove her case by a preponderance of the evidence.

F Either party may appeal the judge's decision on post-trial motions or on her or his final judgment.

T If a judge agrees with the majority's decision, but for different reasons, the judge may write a concurring opinion, stating the reasons used to reach the majority's conclusion.

F The Supreme Court hears, on average, only 80 to 90 cases each year.

T The term ADR refers to the resolution of legal disputes through methods other than litigation, such as negotiation, mediation, arbitration, summary jury trials, minitrials, neutral case evaluations, and private trials.

F Not only are businesses increasingly turning to ADR, but courts are generally quite supportive of ADR methods, which alleviate some of the pressure on the overwhelming court dockets.

F When selecting a mediator, parties should be aware that mediators come from a variety of backgrounds: experts in the area of the dispute, lawyers, judges, psychologists, and sociologists.

F Lawyers, professors, or other professionals typically serve as arbitrators.

T Because an arbitrator is hired to resolve a dispute between two parties, the arbitrator is more likely to make a compromise ruling instead of a win-lose ruling.

F In the global context, ADR is favored over litigation.

T 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.

F A summary jury trial leads to a nonbinding jury verdict.

F With early neutral case evaluation, the parties select a neutral third party and explain their respective positions to this neutral, who then evaluates the strengths and weaknesses of the case.

F The 1998 Alternative Dispute Resolution Act required that in all district courts, civil litigants must "consider the use of an alternative dispute resolution process at an appropriate stage in the litigation."