are in effect a form of punishment for violating the law and have a preventive function.
With reference to the hierarchy of sources of law, case law prevails over local ordinances.
Which of the following statements is true of the rule of law?
The single largest number of lawsuits today, especially in the federal courts, involves one business suing another business for tortious conduct.
Punitive damages are frequently awarded in
Stephanie has written a book, Mirari, and was talking to some interested parties from Hollywood about making a movie based on it. However, she turned down an offer due to differences of opinion. A year later, Mirari was made into a movie but it did not acknowledge the author. This scenario best reflects a violation of
Whether it is stated in the contract or not, when a breach of contract occurs, the injured party will usually recover his or her attorney fees as part of compensatory damages.
Coach Kleats is in charge of the softball team at Phoenix Junior School. He loses his temper with one of the substitutes following a game and slams the child against the lockers in his anger. The child is badly bruised and is bleeding from the nose. In this scenario, the coach can be sued for committing a(n)
Creation of codes of ethics is far more important than implementation and enforcement of those codes.
Business ethics reflect elements of both formalism and consequentialism, but tend to focus more heavily on the former.
Which of the following belongs to the category of involuntary stakeholders?
The social contract theory is based on duty and not on contract or agreement.
For a consequentialist, the
Which of the following is a national group of senior business leaders that has identified a general list of topics that organizational codes of business ethics should cover?
For utilitarians, the
Which of the following statements is true of ethical systems?
Which of the following statements is true of the Fourth Circuit Court of Appeals?
Those who think that the power to exercise judicial review should be used whenever the needs of society justify its use believe in
The members of the U.S. Supreme Court are called
is a court’s power over the issues involved in a case
James wrecks Carl’s house in a motor vehicle accident. Carl incurs $180,000 in property damages. To recover his losses, he wants to sue James. In this scenario, Carl is most likely to file the initial lawsuit in
In diversity of citizenship cases, if a case involves multiple plaintiffs with separate and distinct claims,
In diversity of citizenship cases, if a case involves multiple plaintiffs with separate and distinct claims,
Many states have eliminated the requirement of unanimity in their courts in civil cases and two states have done so in criminal cases.
Each state has its own licensing regulations for arbitrators.
Most businesses use litigation as the primary means to resolve disputes.
A party involved in arbitration can withdraw from the arbitration process and resort to litigation if the members of that party think the process is not going well.
Most state statutes authorizing voluntary arbitration accept an agreement to arbitrate even if it is oral in form.
The final step to a successful mediation is
It is mandatory to have a panel of three arbitrators to decide on any dispute case.
According to Roger Fisher, William Ury, and Bruce Patton, _____ is an element of principled, interest-based negotiations that involves the application of accepted standards to the topic negotiated—rather than having the disputing parties state unsupported propositions.
A court assumes arbitration was intended unless it can say with positive assurance that the arbitration clause was not intended to include the particular dispute.
Which of the following is part of the pretrial procedure?
Statutes that provide for the service of process beyond state boundaries are referred to as long-arm statutes.
After an appeal gets rejected by an interm2 eodutiaotef 2 points appellate court, the losing party may petition the highest court in the system for a(n)
After a plaintiff has presented his or her evidence in a trial, a defendant may make a motion for _____, which is granted if the evidence, taken in the light most favorable to the plaintiff, establishes as a matter of law that the defendant is entitled to a verdict.
In the pretrial phase of litigation, the argument used by a defendant to dismiss a suit on the basis of expiration of the time limit during which the defendant is subject to suit is usually referred to as
In a federal court, the party who is dissatisfied with a jury’s verdict is limited to filing a posttrial motion with the judge seeking a judgment notwithstanding the verdict.
For a court to hear a plaintiff’s case, the plaintiff must show the court that it has
When the result of a lawsuit at the trial court level is appealed, the successful party in the trial court is called the
Discuss the importance of Common Law in America Government
Identify and discuss the differences between Blackst Kent
Other sets
Courts often use a balancing test when examining whether a party acted with due care in negligence cases.
Article 6 of the Treaty on European Union, called the Maastricht Treaty, says the EU is “founded” on:
A mediator cannot impose a binding solution on the parties
If the judge finds that the verdict is erroneous as a matter of law, she may enter a
A business that does not act ethically serves itself from society, from the good, and ultimately from its own source of support.
A formalist would conclude that a business’s secret monitoring of employees is ethical if the monitoring reveals a significant number of crimes or malfeasance, providing a net good for the business.
A negotiated settlement is generally more expensive and time-consuming than litigation.
Judges in future cases are not so likely to follow the dicta in prior cases as they are the holdings.
Businesses working in the international arena find social contract theory especially valuable because it promotes the idea that all parties deserve an equal opportunity for achievement, regardless of the country or system of laws they come from.
Diverse societies are characterized as societies that have a single, unified system of ethical values that guide behavior.
In most cases, an arbitrator’s award:
A negotiation between a seller and a buyer begins with each party stating their respected expectations. The seller starts with as high an asking prices as is considered reasonable. Likewise, the buyer begins with the lowest reasonable price. This is an example of:
Contract-based arbitration is considered to be:
In addition to the state in which it is incorporated, a corporation’s “citizenship” is recognized by the court as:
Mike is driving 15 miles over the posted speed limit when he is pulled over by Tom, a local police officer. As Tom approaches the car, he hears Kathy in the front seat moaning in pain. Mike tells Tom that Kathy is in labor and that he is rushing to the hospital. Tom issue Mike a speeding ticket, nevertheless. Tom’s ethical approach in this matter most closely matches:
An arbitrator must be a lawyer or judge in good standing in the community where the arbitration is to take place.
Ambrose Bierce posited that individuals in large groups such as corporations feel more responsibility and accountability for what happens in the group than they do for what happens in their individual lives.
Contract law
Courts can use judicial review to change the awards of voluntary arbitration when:
A series of written questions concerning the lawsuit sent to the opposing parties are known as:
Although property law is categorized as one kind of private law; in our legal system, it is at the heart of both public and private law.
A statue of limitations determines the maximum amount of money that a plaintiff may sue for.
A lawyer cannot be actively involved in the personal decisions of clients
De novo review means that:
Judicial decisions called laws, apply to a legal problem and interpret the relevant constitutional, legislative, and regulatory laws.
A writ of certiorari is a request from the winner in a case to have the favorable judgment confirmed by a higher court.
Contract law often but not always requires actual injury to the owner’s resources.
If the defendant, upon being served, decides to sue the plaintiff, the defendant is then called the
A lawyer’s first duty is to his client.
James has been appointed as an arbitrator in a dispute. Which of the following can he do without the danger of it constituting misconduct?
In addition to compensatory damages, breach-of-contract cases may award punitive damages, when the breaching party knew or had reason to know that special circumstances existed that would case the other party to suffer additional losses if the contract were breached.
A is a decision that arises when parties already in dispute decided that arbitration is better than litigation.
A is civil wrong other than a breach of contract.
Occurs when a trial judge requires the disputing parties to submit to the mediation process before a complaint can be litigated formally.
Courts of appeal require the parties to file a document containing a description of the case and its facts and the research benefiting their client’s issues. This document is called a
A collection of legislations passed by the Congress on the same subject are called
A property based legal system
In most states, a jury’s decision must be unanimous. What is the rationle behind such a requirement?
A request for second review is, in some states, called a writ of:
In civil cases, the right to trial by a jury is preserved in suits at common law when the amount in controversy exceeds:
Select one article from week 2”additional materials” and provide a detailed account of: the issue, opinion of the court, dissent, and significance.
Define and discuss politics.
The administrative agencies in the City of Dover have passed a written law banning smoking in most restaurants and bars. This legislation is an example of a(n)
The United Kingdom, the United States, Canada, Jamaica, India, Nigeria, New Zealand, and a few other countries—all colonized by England—follow the common law.
Which of the following sources of law ranks the highest in the hierarchy of sources of law?
The ideas and philosophies that explain the origin of law and its justification are called
Following much debate, the Congress has decided to pass a bill that will increase the taxes on tobacco sales. This legislation is called a(n)
property is an ownership fence, which applies to resources like land that more than one individual owns jointly.
Which of the following statements is true of substantive law?
Judges in future cases are not as likely to follow the dicta in prior cases as they are the holdings.
Which of the following statements best defines ethics?
Consequentialism concerns itself with the morality of the actions themselves.
Increasing economic interdependence prevents executives and managers at a firm from manipulating corporate actions for their own benefit.
To judge the utility of a particular action, it is necessary to consider alternative courses of action.
In which of the following situations is there a conflict of interest?
Which of the following statements is true of the sharing of moral values?
Opponents of the Civil Rights Act of 1964 inserted the prohibition against _____ in employment in hopes of preventing its passage, thinking that such discrimination was acceptable and that many others agreed with them.
According to the social contract theory, though there may be social and economic inequalities, these inequalities must be based on what a person does, not on who a person is.
The Patient Protection and Affordable Care Act was passed by the U.S. Congress with the intention of reducing the number of people covered by health insurance.
When the U.S. Supreme Court reviews petitions for a writ of certiorari, the writ is granted if _____ of the nine justices vote to take a case.
Reviewing courts exercising judicial restraint often engage in a balancing approach to their decisions.
The rules of evidence protect confidential client communications to a lawyer to:
In the federal system, the U.S. constitution gives the power to appoint federal judges, including Supreme Court justices, to:
The Patient Protection and Affordable Care Act is a defining legislative achievement of President Obama’s presidency.
A petition for a writ of certiorari is:
In the context of state courts, which of the following statements is true of reviewing courts?
Jim Corp. and Bartle Inc., two parties involved in a spice trade contract, enter into a dispute because of conflicting interests. They are unable to agree to arbitrate and opt for settlement through litigation. This scenario indicates that to settle disputes, Jim Corp. and Bartle Inc. are most likely to have included
An arbitrator’s award must
In the context of negotiating styles, collaborating is the hardest to demonstrate even though it is a common response in a negotiation.
A _____ in mediation occurs when a mediator meets privately with one party without the other party.
Positional bargaining is an approach based on principled, interest‐based negotiations.
When a losing party in an arbitration proceeding makes allegations of bias against an arbitrator, the allegations
In the context of alternative dispute resolution systems, the act of referring a matter to arbitration is called
Which of the following statements is true of arbitrators?
After receiving an answer that contains one or more counterclaims, a plaintiff files a reply that specifically admits or denies each allegation of a defendant’s counterclaims.
Eli, a resident of New York, wants to sue Tony, a resident of Texas, for trespassing against Eli’s property in New York. To obtain personal jurisdiction over Tony under a long‐arm statute, the New York court must find that
The typical long‐arm statute allows a court to obtain jurisdiction over a defendant even though the process is served beyond its borders if the defendant
Which of the following parties could sue to stop a merger of two companies?
The usual rule in the scope of discovery is that the information sought in discovery is discoverable and an objection is overruled as long as the information
Which of the following is part of the pretrial procedure?
Terrell files a complaint against Chad for negligence with the court clerk. After Terrell receives an answer from Chad in response to the summons, Terrell believes that he can win based solely on his original complaint and Chad’s answer. In this case, Terrell is most likely to file a
The verdict is always the final decision of a case entered by a judge.
Identify and define parties and procedures of the court system
Analyze the Judgment of Jezebel or Ahab – be sure to demonstrate a clear understanding of the biblical passage that includes key points and relevance to ethical conduct.