question

The most important primary source of our law is:

answer

The U.S. Constitution.

question

State constitutions are a primary source of law.

answer

True

question

Any law based on a constitution is called

answer

Constitutional law.

question

The U.S. Constitution is

answer

Supreme

question

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

answer

unconstitutional.

question

A second primary source of law involves the U.S.

answer

Congress and state and local legislature.

question

The U.S. Congress passes federal statutes. They do not apply to all states.

answer

False

question

The uniform law adopted by all states that facilitates commerce.

answer

Uniform Commercial Code

question

Administrative agencies are created to:

answer

Perform specific government functions.

question

The Federal Trade Commission is an example of a

answer

Independent regulatory agency.

question

Case law is based on the decisions made by those who run administrative agencies.

answer

False

question

Case law is derived from judges' decisions for actual cases.

answer

True

question

Part of the common law tradition relies on the doctrine of

answer

stare decisis.

question

The Latin phrase for the correct answer in the previous question means:

answer

to stand on decided cases.

question

One of the important functions of law is to provide

answer

stability and predictability.

question

A precedent is a decision that furnishes an example or authority for deciding subsequent cases involving similar legal principles or facts.

answer

True

question

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:

answer

Opinions from trusted papers.

question

Select the order for the following words to form the basic steps in legal reasoning:

answer

Issue, Rule, Application and Conclusion.

question

Generally speaking, the Restatements of Law:

answer

summarize the common law rules followed by most states.

question

Li Ang is researching new state inheritance laws. She will NOT bother to investigate which of the following:

answer

Restatements of Law.

question

One way to divide law is into:

answer

constitutional and Substantive law.

question

Civil law, as opposed to criminal law, can best be described as:

answer

the law that governs relations between persons.

question

Which of the following laws CANNOT be at issue in criminal law?

answer

A law against not performing an employment agreement.

question

When Congress passes a law, you can find it in which publication?

answer

United States Statute at Large.

question

In the field of legal research, a "citation" is:

answer

a reference to a publication in which a legal authority can be found.

question

The parties to lawsuits are the plaintiff and the defendant. Plaintiffs must always be individual persons.

answer

False

question

The party who appeals a lower court's decision.

answer

Appellant

question

Whenever a court's opinion is not unanimous, but most of the judges agree with it, is it called a:

answer

Majority opinion.

question

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?

answer

Dissenting opinion

question

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:

answer

Administrative law.

question

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:

answer

statutory law.

question

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:

answer

stare decisis.

question

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:

answer

the common law.

question

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:

answer

damages.

question

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:

answer

equitable maxims.

question

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?

answer

The natural law school.

question

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?

answer

Substantive law.

question

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:

answer

Reporters.

question

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:

answer

Appellant

question

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

answer

in personam jurisdiction.

question

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

answer

the case is being heard for the first time

question

Vinny decides to sue Allison. To begin the suit, Vinny must file a complaint. A complaint should contain

answer

a statement of the basis for the court's jurisdiction

question

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

answer

standing to sue

question

The doctrine of judicial review allows

answer

the judicial branch to decide whether laws or actions of the other two branches are constitutional

question

The power of judicial review has remained unchallenged since which Supreme Court decision?

answer

Marbury vs Madison

question

3. When a state exercises jurisdiction over property within that state, this type of jurisdiction is called in personam.

answer

False

question

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.

answer

Minimum Contacts

question

Concurrent Jurisdiction

answer

Cases involving federal questions and diversity-of-citizenship cases.,

question

Exclusive Federal Jurisdiction

answer

Cases involving federal crimes, bankruptcy, patents, copyrights, trademarks, and suits against the United States.,

question

Exclusive State Jurisdiction

answer

Cases involving all matters not subject to federal jurisdiction.

question

Venue refers to the primary subject matter of a case at trial.

answer

False

question

Standing to sue 3 elements:

answer

Causation, Harm, Remedy

question

Original

answer

Exists with courts that have the authority to hear a case for the first time

question

Subject Matter

answer

Limits the courts juristrictional authority to particular types of cases

question

Appellate

answer

Exists with courts of appeal and review.

question

A federal court can exercise jurisdiction if a case involves:

answer

a treaty, U.S Constitution, or federal law

question

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?

answer

bc they live in the same state and the damages are too small

question

ordering of the most court systems:

answer

trial ; intermediate appellate courts ; supreme courts

question

Trial Courts deal with:

answer

questions of fact

question

Appellate or Reviewing Courts deal with:

answer

questions of law

question

The Supreme Court hears all cases sent to it for review.

answer

False

question

Which of the following does the Supreme Court have to issue before it hears a case?

answer

a writ of centariari

question

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

answer

for a new trial

question

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

answer

documents in A-Z's possession relating to the contract.

question

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

answer

direct examination.

question

jurisdiction over persons:

answer

power of a court to compel the presence of the parties (including businesses) to a dispute to appear before the court and litigate

question

Jurisdiction over in rem

answer

power to decide issues relationg to real or personal property

question

Long arm statutes

answer

used for non-resident parties based on minimum contacts with state// means defendant had some connection with forum state

question

federal questions

answer

rights or obligations of a party aere created or defined by some federal law

question

diversity citizenship

answer

parties are not from same state and amount in controversy exceed 75,000$

question

standing

answer

a party must have suffered a legal injury and have a sufficient "stake"

question

we are in the ____ circuit

answer

5th: texas, LA, Mississippi

question

a ruling on self defense is

answer

a question of law

question

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.

answer

Choice of law clause.

question

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

answer

do nothing

question

Litigation

answer

The process of resolving a dispute through the court system,

question

Alternative Dispute Resolution (ADR)

answer

The resolution of disputes in ways other than those involved in the traditional judicial process. Negotiation, mediation, and arbitration are forms of ADR.

question

Negotiation

answer

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.

question

Mini-Trial

answer

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.,

question

Facilitation

answer

Settling disputes in which a third party assists disputing parties in reconciling their differences.,

question

Mediation

answer

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.

question

Early Neutral Case Evaluation

answer

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.,

question

The simplest form of ADR is

answer

Negotiation

question

Assisted negotiation consists of the following EXCEPT:

answer

Jury trial

question

Arbitration differs from other forms of ADR because:

answer

the arbitrator hears the dispute and imposes a solution on the parties

question

Negotiation def

answer

parties meet informally without their attorneys and attempt to agree on a resolution

question

Arbitration def

answer

The parties present their arguments and evidence before an arbitorar at a hearing and the arbituror renders a decision resolving the parties dispute

question

Mediation def

answer

A neutral third party meets with the parties and emphasizes points of agreement to bring them towards resolution of their disputes

question

Arbitration

answer

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.,

question

Arbitrator

answer

A neutral third party or panel of experts that hears a dispute in arbitration.,

question

Arbitration Clause

answer

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.,

question

Submission

answer

The act of referring a dispute to an arbitrator., Award In the context of arbitration, the arbitrator's decision.

question

The Federal Arbitration Act established a set arbitration procedure.

answer

False

question

A major not-for-profit provider of ADR services is .

answer

the AAA

question

______ involves a court deciding whether a matter is one that must be resolved through arbitration.

answer

arbitibility

question

Pursuant to the Federal Arbitration Act, an arbitrator's decision may be set aside by reviewing court for all of the following reasons EXCEPT:

answer

disagreement by the court with the outcome of the decision on the merits.

question

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

answer

Negotiation

question

Most states have adopted the

answer

Uniform Arbitation Act

question

The arbitration process begins with the hearing.

answer

False

question

When one party files a lawsuit to compel arbitration, the courts must resolve the issue of arbitrability

answer

True

question

The United States Supreme Court has held that mandatory arbitration clauses in employment contracts are generally unenforceable.

answer

False

question

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

answer

waiver

question

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?

answer

They can include in their agreement a choice of law clause.

question

One of the following is NOT a disadvantage of arbitration:

answer

Arbitration is costless.

question

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

answer

permitted by U.S. law if the payment is made to a minor official to speed up administrative procedures.

question

Under corporate social responsibility theory, to who(m) does the chairman and CEO of the company owe an ethical duty?

answer

The workers, the community and the shareholders.

question

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?

answer

duty-based ethics

question

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?

answer

That long-term profit maximization would be benefitted by this move

question

Ethics can be defined as the study of

answer

what constitutes right and wrong behavior

question

Business ethics does NOT focus on

answer

how businesses are treated under international law.

question

Investors dissatisfied with profit-maximization theory look beyond profits to consider the triple bottom line.

answer

corporate profits, the impact of profits on ppl, the impact of profits on the planet

question

Business ethics are consistent only with short-run profit maximization.

answer

False

question

Compliance with the law is sometimes called the

answer

moral minimum

question

you are starting a new company. You want your employees to act ethically. What will you NOT do?

answer

let employees know that only short run profits matter

question

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?

answer

yes, bc federal labor law protects employees right to engage in concerted activities

question

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

answer

how the expansion will affect the rights of his employees, his consumers, and the community into which he wishes to expand.

question

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

answer

Acme's shareholders.

question

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?

answer

No, because legal compliance is regarded as the moral minimum.

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