exam 1 Flashcards
The Federal Circuit Court of Appeals, located in Washington D.C., has exclusive jurisdiction to hear appeals from federal courts of appeals throughout the country prior to their appeal to the U.S. Supreme Court.
True or False
false
Restatements of the Law are written and revised by Congress and state legislatures as needed.
True or False
false
According to the textbook, which of the following statements are true about the typical relationships between corporations and attorneys in the United States?
Multiple Choice
A. All of the answer choices are correct.
B. Working closely with a business attorney results in opportunities and reduced business costs.
C. It is almost unheard of for more than one attorney’s advice to be needed on a legal matter, as consulting more than one attorney leads to confusion and conflicting counsel.
D. The majority of companies rely upon in house counsel for their legal needs.
B. Working closely with a business attorney results in opportunities and reduced business costs.
Grimshaw v. Ford Motor Company is often cited as a failing of the management’s hand approach to corporate social responsibility.
True or False
True
What is the name for the petition to the U.S. Supreme Court to request that the court review a case, and roughly what percentage of cases does the Supreme Court agree to hear each year?
Multiple Choice
A. Writ of certiorari, 5 percent
B. Writ of certiorari, 1 percent
C. Writ of habeas corpus, 1 percent
D. Writ of habeas corpus, 10 percent
B. Writ of certiorari, 1 percent
The highest court in the state is always called that state’s Supreme Court.
True or False
false
Business ethics is a commitment to following the opinions of stakeholders in pursuing a course of action in business operations.
True or False
false
A court may exercise personal jurisdiction over a business entity.
True or False
true
A state court may not unilaterally declare or decide that the proper venue for a case should be in another state.
True or False
true
According to the textbook, which of the following statements about corporate strategy with legal counsel is/are true?
Multiple Choice
A. All of the answer choices are correct.
B. Research indicates that management working cooperatively with attorneys will add value to the business.
C. It is considered a sound strategy for a corporation to rely exclusively on attorneys to drive the legal decision-making process because they are the experts in the law and will generally understand the business side of things better than many corporate managers.
D. If one can understand the fundamentals of legal theory and how they impact a business, this is all that is needed to be able to understand how legal decisions should be made in a business context.
B. Research indicates that management working cooperatively with attorneys will add value to the business.
Albert has sued Tina for breach of contract and received a judgment for $50,000. Tina’s assets may be exempt from collection of the judgment if Tina has filed bankruptcy.
True or False
true
Which of the following statement(s) is/are true?
Multiple Choice
A. All of the answer choices are correct.
B. Timothy rode his motorcycle while intoxicated. He wrecked his bike into Hazel, a pedestrian, breaking her leg. Timothy could be both prosecuted and sued for his actions.
C. In the United States, a civil law would enable Olivia to be compensated for her medical bills incurred due to Justin’s negligence.
D. Procedural law sets out the steps that the city of Newark must follow when their police obtain warrants to perform searches of homes of those suspected of criminal activity.
A. All of the answer choices are correct.
Most schools of jurisprudential thought center on the government’s role in creating the law.
True or False
false
The ethical decision-making approach of John Rawls, under which everyone negotiates from behind a veil of ignorance, is often referred to as a contract-based approach.
True or False
True
Which of the following is correct of legally mandated arbitration?
Multiple Choice
A. It is nonbinding and gives the losing party the right to appeal only under certain narrow conditions.
B. It is nonbinding and gives the losing party the automatic right to appeal.
C. It is binding and gives no right to appeal to either party.
D. It is unconstitutional, as all citizens have a constitutional right to a jury trial.
B. It is nonbinding and gives the losing party the automatic right to appeal.
A long-arm statute would be triggered when:
Multiple Choice
A. Georgiana, a resident of Arkansas, is suing Lydia in Arkansas, who has a Nebraska-based business making jewelry. Georgiana purchased the jewelry from Lydia, which caused a severe allergic reaction, while Lydia was selling products from a booth at a street fair in Eureka Springs, Arkansas.
B. All of the answer choices involve situations where a long-arm statute would be triggered.
C. Wickham, a resident of Maryland, owns a vacation home in the state of Washington. Bingley, a person who rented Wickham’s vacation home, was injured when a mirror in the home broke. Bingley is suing Wickham in Washington.
D. Darcy, a resident of Kentucky, is suing Elizabeth, a resident of West Virginia, in Kentucky based on an accident in Kentucky in which Darcy is alleging Elizabeth’s negligence.
B. All of the answer choices involve situations where a long-arm statute would be triggered.
Which of the following is true of the U.S. court system?
Multiple Choice
A. All of the answer choices are correct.
B. Federal appellate courts set precedent, while state court decisions are only binding on the parties to the case.
C. The U.S. Supreme Court is constitutionally mandated to be nine justices.
D. U.S. Supreme Court appellate review is discretionary.
D. U.S. Supreme Court appellate review is discretionary.
LaShonda is a resident of Wisconsin. While visiting Six Flags Over Georgia in Atlanta, she was criminally assaulted by Hans, a Minnesota resident. Ordinarily, venue in this criminal case would originally be in:
Multiple Choice
A. Wisconsin.
B. Minnesota.
C. Georgia.
D. the state chosen by LaShonda because multiple states are involved.
C. Georgia.
A summons is a court order compelling a person to testify or produce evidence in his or her possession.
True or False
false
Karin is a federal court judge looking at a bill passed by Congress and signed by the president into law. A case challenging this law on constitutional grounds is before her appellate court, and she has determined the law to be unconstitutional. What is the name for this judicial action?
Multiple Choice
A. Judicial review
B. Judicial veto
C. Jurisprudential scrutiny
D. Federal preemption
A. Judicial review
Ethical misconduct not only includes illegal and unethical practices but also includes questionable practices of managers and organizations.
True or False
true
Constitutional law and administrative law are known in the United States as ________blank sources of law.
Multiple Choice
A. secondary
B. common
C. procedural
D. primary
D. primary
Lin-Mara’s company has a code of ethics and a separate code of conduct. If she wants to be sure that she complies with the company dress code, she would reference the code of ethics.
True or False
false
she would look for code of conduct
Most states have combined courts of law and equity.
True or False
true
Butler was shopping at Grocerymart and slipped and broke his tailbone because an employee had dropped a gallon of milk in the aisle. This was on October 25, 2019. The state law that requires Butler to file his lawsuit by October 25, 2022, is known as a/an ________blank.
Multiple Choice
A. statute of limitations
B. request for filing
C. civil procedure timing rule
D. laches limit
A. statute of limitations
Corporations and other business entities receive the same level of constitutional protection as individuals.
True or False
false
As a general rule, judges are ________blank and juries are ________blank.
Multiple Choice
A. finders of law, finders of fact
B. finders of fact, finders of law
C. inquisitors, authenticators
D. in charge of determining which testimony is more believable, in charge of determining which legal standards should apply
A. finders of law, finders of fact
The Bill of Rights recognizes fundamental constitutional rights of citizens.
True or False
true
Corruptco is a large machine shop that fabricates metals. Corruptco maximizes profits and shareholder value by polluting the local river, where fish are often killed off due to the pollution, rather than installing a pollution abatement device. While this is not specifically in violation of the law, it does put burdens on the local community. Which theory of corporate social responsibility is Corruptco exhibiting?
Multiple Choice
A. The broad view, or management’s hand theory
B. The narrow view, or invisible hand theory
C. The hybrid view, or citizen’s hand theory
D. The moderate view, or government’s hand theory
B. The narrow view, or invisible hand theory
A statute of limitations determines the maximum and minimum amounts of monetary relief that may be granted in different types of civil lawsuits.
True or False
false
