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19 Cards in this Set
- Front
- Back
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Richard is a state appeals court judge. In making judicial decisions, Richard issues rulings that are inconsistent with precedents established in similar cases within his jurisdiction. Richard is following the principle of a. Courts of equity b. laches c. constitutional constructionism d. stare decisis |
D. STARE DECISIS |
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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 a. law journals b. the United States Code c. Case citations d. Reporters |
D Reporters |
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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 _______ |
unconstitutional |
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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 a. appellant b. appellee c. respondent d. defendant |
a. appellant |
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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 a. damages b. rescission c. specific performance d. injunction |
A. damages Damages: money saught as a remedy for a breach of contract or for tortious act |
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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
a. no jurisdiction b. in rem jurisdiction C. in personam jurisdiction d. diversity jurisdiction |
C. In personam
In personam: court jurisdiction over the "person" involved in a legal action; personal jurisdiction |
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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 a. direct examination b. interrogation c. cross-examination d. a request for admission |
A. Direct examination Direct examination: the examination of a witness by the attorney who calls the witness to the stand to testify on behalf of the attorneys client |
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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 a. for summary judgement b. for judgement on the pleading c. for a new trial d. to dismiss the case |
C. for a new trial |
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Stan, a citizen of Iowa, files a lawsuit in an iowa state trial court against a Texas company that supplies in Iowa. The court has original jurisdiction because a. the case is being heard for the first time b. the court has venue c. the parties have diversity of citizenship d. the court has concurrent jurisdiction |
A. the case is being heard for the first time |
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Vinny decides to sue Allison. To begin the suit, Vinny must first file a complaint. A complaint should contain a. a statement indicating the key evidence behind the suit b. a motion for summary judgement c. motion for judgement n.o.v d. a statement of the basis for the court's jurisdiction |
D. a statement of the basis for the court's jurisdiction |
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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 conclude with the following clauses in the contract a. Choice of Law clause b. Forum selection clause c. International treaty clause d. arbitration clause |
A. Choice of Law Clause a clause in a contract designating the law (the law of a particular state or nation)that will govern that law |
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Company A and Company B agree to a contract that includes an arbitration clause. After a dispute arises, the case goes to arbitration. The arbitrator finds in Company A's favor. Company B files a lawsuit, alleging that the award should not be enforced because the arbitrator made an error in her findings of the fact. The court will likely a. review the sufficiency of the award b. review the merits of the dispute c. set aside the arbitrator's award d. do nothing |
D. Do nothing |
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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 _____. |
negotiation |
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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 _____ |
waiver |
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Patrick, the human resources manager at Acme company, must decide how to cut personal costs. This decision will harm employees who are laid off or fired. Patrick must balance the interest of employees who have been loyal to the firm for a long time against the interest of a. the state courts b. Acme's shareholders c. Acme's competitors d. the city council |
B. Acme's shareholders |
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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 oversees and have threatened to quit if Jeff makes this move. Under the principle of rights theory, he will make this decision by considering a. whether the expansion violates his employee's principles b. how the expansion will affect the rights of his employees, his consumers, and the communit into which he wishes to expand c. the cost of losing employees and the benefit of the profit he could earn d. how society would be affected if everyone expanded their businesses against the advice of their employees |
B. how the expansion will affect the rights of his employees, his consumers, and the community into which he wishes to expand |
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Bribery is acceptable in certain foregin 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 a. prohibited by U.S. law under any circumstances b. permitted by U.S. law if the payment is made to government officials for the purpose of securing advantageous contracts c. prohibited by U.S. law if the contract exceeds $20,000 d. permitted by U.S. law if the payment is made to a minor official to speed up administrative procedures |
D. permitted by U.S. law if the payment is made to a minor official to speed up the administrative procedures |
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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? |
Yes, because federal labor law protects employees' right to engage in "concentrated activities" |
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Marshall owns and operates a construction firm. He uses inexpensive and lo-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 federal laws. Has he fulfilled all his ethical obligations |
No because legal compliance is regarded as the moral minimum |
