Ch 3 and 4 quiz – Flashcards

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question
All courts require arbitration before a case goes to trial.
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False
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Velvety Pancake House, Inc., a U.S. firm, and Wallaby Waffles, Ltd., an Australian firm, enter into a contract that does not have a forum-selection or choice-of-law clause. Litigation between Velvety and Wallaby over a dispute involving this contract may occur in
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Australia, the United States, or both.
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Few corporate lawsuits are settled or dismissed before they go to trial.
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False
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A submission occurs when one of the parties to arbitration agrees to give up his or her claims.
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False
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An arbitrator's award may be set aside if it was the result of corruption or fraud.
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True
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A mini-trial is a private proceeding in which each party's attorney argues the party's case before the other party.
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True
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Arbitration clauses are often found in contracts governing the international sale of goods.
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True
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Seaside Hotels, Inc., adopts an alternative dispute resolution (ADR) program. Tess, a current employee, signs an agreement under which arbitration is subject to "Seaside's rules, with the employee to bear all costs of the proceeding." When a dispute arises, Tess refuses to arbitrate. Seaside files a suit to compel arbitration. The court will most likely
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refuse to order arbitration if Tess lacks the ability to pay.
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A court's scope of review on the appeal of an arbitrator's award may be restricted.
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True
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The federal government enforces agreements to arbitrate disputes between private parties.
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True
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Lamont files a suit against Melvin. 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 renders a legally binding decision. This is
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arbitration
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Berle, a dairy farmer, and Clover Creamery, Inc., are engaged in court-annexed arbitration proceedings. The award will be binding on
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neither Berle nor Clover.
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Virtually any dispute can be the subject of arbitration.
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True
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An arbitrator's error in judgment is sufficient to provide a basis for overturning an award.
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False
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Rocko Corporation, a U.S. firm, and Siena, S.A., a Columbian firm, enter into a contract providing that any dispute between them will be heard in a specific British court. Litigation between Rocko and Siena over a dispute involving this contract may occur in
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the specified British court only.
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To resolve a dispute, Ripley in South Dakota and Tyler in Utah utilize Virtual Solution, an online dispute resolution (ODR) service. This limits these parties' recourse to the courts
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not at all.
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Deepwell Drilling Service and Eco-Refuge, Inc., agree to have their dispute resolved in arbitration. The arbitrator makes an erroneous finding of fact. This is a ground for a court to
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do nothing.
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Pixie files a suit against Quiver. 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
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arbitration
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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
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negotiation
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Most states do not enforce agreements to arbitrate disputes between private parties.
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False
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An action may be legal but not ethical.
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True
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Ryan, the owner of SuperMart Stores, Inc., adheres to the "principle of rights" theory. Under this theory, a key factor in determining whether a business decision is ethical is how that decision affects
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the rights of others.
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Restricting the bonuses that are paid to executives is unethical.
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False
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Sunny Energy Corporation engages in ethical behavior solely for the purpose of getting good publicity and thereby increasing profits. Sunny is
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not acting unethically.
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Business ethics applies only to the owners, operators, and employees of corporations.
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False
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Managers must apply different standards to themselves than they apply to their employees.
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False
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Solid Tool Company's decision makers view a particular risk in the use of Solid's product as open and obvious. Continuing to market the product without telling consumers of the risk could be justified from a perspective of
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utilitarian ethics.
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It may be unethical for a company with a product that is outlawed in one country to look elsewhere for a market.
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True
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Ethical codes of conduct can set the ethical tone of a firm.
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True
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Business ethics is consistent only with short-run profit maximization.
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False
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To assist in detecting illegal bribes, Cut Rite Contractors, Inc., and all U.S. companies, must
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keep records that "accurately and fairly" reflect financial activities.
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Fealty Credit Corporation asks its employees to evaluate their actions and get on the ethical business decision-making "bandwagon." Guidelines for judging individual actions include all of the following except
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loopholes in the law or company policies.
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Any decision by the management of Fast-Food Franchise Corporation may significantly affect its
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Correct operators, owners, suppliers, the community, or society as a whole.
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In business deals, Felipe, the chief executive officer of Glazed Donuts, Inc., follows duty-based ethical standards. These are most likely derived from
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philosophical reasoning.
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Chuckie, president of DrinkUp Fresh Beverages, Inc., does not apply utilitarianism to business ethical issues. One problem with utilitarianism is that it
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tends to justify human costs that many find unacceptable.
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A business firm can sometimes predict whether a given action is legal.
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True
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The role played by women may present some difficult ethical problems for firms doing business internationally.
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True
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DeLouse Plastics Corporation pays its executives an excessive amount relative to other employees and to what executives at competitive companies are paid. This is most likely to be challenged as
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unethical only.
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Ethics is concerned with the fairness or justness of an action.
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True
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Kennedy Capital Corporation provides other firms with funds to expand operations. If Kenney strictly complies with existing laws, the firm will
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fulfill some business ethics obligations.
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