MGT102-HK. LEGAL ENVIRONMENT OF BUSINESS (MGT102-HK) > TAKE ASSESSMENT: EXAM 1 Question 1 1 points Save If there has been a lot of publicity surrounding a case, the defendant may request: a. a declaration of forum non conveniens b. a determination of concurrent jurisdiction c. a conflict-of-law ruling d. a change of venue e. none of the above Question 2 1 points Save Which of the following in not true about expert witnesses and their testimony: a. the testimony may not be contrary to prevailing scientific opinion b. if the evidence is not credible it will be rejected by the court c. the experts may not be questioned by the opposition before trial d. when experts conflict, the testimony of both sides will be stricken e. all of the above are true Question 3 1 points Save Suppose, before the start of a trial, the judge believes the case should be settled by the parties, rather than go to trial. The judge may: a. order the parties to settle the case b. order the parties to appear at a pretrial settlement hearing c. request the parties to come to a pretrial settlement hearing d. request the defendant come to a pretrial settlement hearing e. not have a pretrial settlement hearing unless requested by both parties Question 4 1 points Save A decision by the Chinese Supreme Court held that: a. arbitral awards do not apply in China b. China is not a party to the New York Convention c. lower Chinese courts cannot overturn arbitral awards without its permission d. lower Chinese court must overturn arbitral awards to protect the honor of the nation e. none of these Question 5 1 points Save All of the following are grounds for overturning an arbitration decision, according to the Federal Arbitration Act, except: a. the arbitrator does not state the legal basis for the decision b. the arbitrator engaged in fraud c. the arbitrator exceeded his authority d. there is evidence of serious procedural misconduct e. all of the above are grounds Question 6 1 points Save The party claiming to have suffered an injury that the law can remedy is: a. the appellate court b. the judge c. the defendant d. the plaintiff e. the bailiff Question 7 1 points Save Under the Fifth Amendment, when can a person be forced to produce documents for a government prosecution that could implicate a business in a violation of the law? a. Never; one does not have to report business information that will be incriminating b. One must produce documents the government requires unless they will incriminate an employee of the business c. Only if the person is a top executive of the business d. Only if the person involved does not work for the business e. Any time; corporate records are not due self-incrimination protection for the business Question 8 1 points Save A major advantages of the use of precedent in law for businesses is that they will: a. be able to get judges to resolve cases in favor of large businesses b. be able to avoid harsh punishments from the use of ineffective attorneys c. be unable to plan for future contingencies d. be unable to enforce contracts e. have reasonable expectations about the enforcement of agreements Question 9 1 points Save Which of these issues may impact a company’s operations? a. international issues b. political issues c. ethical issues d. legal issues e. all of these issues Question 10 1 points Save The original or oldest source of law in this country is: a. the federal Constitution b. the constitution of the first state c. the common law d. the Declaration of Independence e. none of the above Question 11 1 points Save In a civil trial the parties must prove their contentions: a. beyond a reasonable doubt b. with all due certainty c. to the satisfaction of the plaintiff d. by a preponderance of the evidence e. unanimously Question 12 1 points Save The first pleading is commonly called: a. the complaint b. the answer c. the affirmative defense d. the res judicata e. none of the above Question 13 1 points Save Informal agency procedures may include: a. tests and inspections b. processing applications c. negotiations with parties in trouble d. advisory opinions e. all of the above Question 14 1 points Save According to the Federal Arbitration Act: a. parties must always use arbitration before going to court b. arbitration is not recognized by the government c. arbitration is allowed only for claims under $75,000 d. arbitration must be pre-approved by a court e. courts must uphold agreements to arbitrate Question 15 1 points Save According to the Federal Rules of Civil Procedure, a party seeking information must use a discovery tool that: a. imposes significant burdens on the other party b. is not unduly burdensome to the other party c. the other party approves of beforehand d. the magistrate approves of e. none of the above Question 16 1 points Save Which of the following concerns legal wrongs committed against the government: a. civil law b. procedural law c. ethical law d. private law e. criminal law Question 17 1 points Save Which contracts often include arbitration clauses? a. insurance contracts b. investment contracts with stockbrokers c. many commercial contracts d. labor contracts e. all of the above Question 18 1 points Save In a hearing at an administrative agency, to determine if the law has been violated: a. defendants have the right to a jury trial b. defendants may have a jury trial if the agency agrees to one c. there is no right to a jury trial d. there is no right to jury trials except in cases involving agency common law e. there is no right to jury trials in regulatory cases unless there is a possibility of a death sentence Question 19 1 points Save The structured settlement process that involves an information exchange and, usually, confidential discussions that summarize the two sides of the case is: a. arbitration b. mediation c. conciliation d. minitrial e. court-annexed arbitration Question 20 1 points Save The Administrative Dispute Resolution Act of 1990: a. requires all controversies involving Congress to be handled by negotiation b. requires suits against Congress and the President to be handled by negotiation c. authorizes the use of ADR techniques by federal administrative agencies d. compels the use of ADR techniques by all federal and state administrative agencies e. forbids the use of ADR techniques in administrative law cases when other remedial approaches are feasible Question 21 1 points Save A summary jury trial: a. is the jury equivalent of a minitrial b. involves a judge giving the jury abbreviated instructions on the law c. begins with the selection of six advisory jurors d. involves a short presentation, by each side, of their case e. all of the above are true Question 22 1 points Save The screening process used to select jury members is called: a. adverse selection b. voir dire c. summary selection d. venue e. sequestering Question 23 1 points Save If one party to a lawsuit requests the production of documents that would expose a trade secret, the party against whom the request is made may procure the following to ensure the confidentiality of the secret: a. a counterclaim b. a deposition c. a protective order d. an injunction e. a restraint of trade Question 24 1 points Save When an administrative agency engages in rulemaking, it must first publish the proposed rule, then it must: a. conduct a trial-like hearing b. examine witnesses from all sides of the issue c. permit oral testimony for all interested parties d. allow written commentaries by interested parties e. all of the above Question 25 1 points Save The First Amendment limits: a. police from searching a private home without a warrant b. Congress from making laws restricting freedom of speech c. racial discrimination d. unequal taxes on in-state and out-of-state businesses e. Congress from restricting the right to bear arms Question 26 1 points Save The U.S. Constitution: a. established and limited the powers of government b. created the common law c. created the four major branches of the U.S. government d. created the 50 states e. all of the above Question 27 1 points Save To help stimulate jobs in its wine industry, New York does not tax New York wines but taxes other wines $1 per bottle. This tax is: a. a constitutional control on intrastate business b. constitutional, so long as it is not shown to impede foreign trade c. constitutional because New York state interests outweigh other states’ interests d. unconstitutional because it violates the Necessary and Proper Clause e. unconstitutional because it violates the Commerce Clause Question 28 1 points Save A longstatute is a: a. federal law to allow agencies to sue foreign businesses b. state law that permits its courts to reach beyond state lines for jurisdiction over nondefendants c. state law that allows plaintiffs to force defendants to come to a state for purpose of serving process d. federal law that allows plaintiffs to force defendants to come to the U.S. for purposes of serving process e. none of the above Question 29 1 points Save Damages that may be awarded to a plaintiff because the defendant’s conduct was willful or malicious are called: a. punitive damages. b. exceptional damages. c. expectancy damages. d. compensatory damages. e. injunctive damages. Question 30 1 points Save Statutory law is: a. a law enacted by a legislative body b. also known as the fundamental law of the nation c. a form of common law d. establishes the separation of powers at the federal level e. all of the above Question 31 1 points Save The doctrine of stare decisis can be defined as: a. the use of precedent or prior decisions as guidance in resolving later disputes b. laws setting forth rules for relationships between people c. a private or civil wrong that results in injury to another d. decisions concerning legal wrongs or crimes committed against society e. none of the above Question 32 1 points Save Written interrogatories are questions submitted by: a. the jury b. the judge c. the court reporter d. the opposing party e. none of the above Question 33 1 points Save Procedural, as opposed to substantive, law includes all of the following except for: a. court orders b. securities regulation c. rules of evidence d. administrative procedure e. all of the above are procedural law Question 34 1 points Save During a trial a plaintiff presents her case and then rests. The defendant claims that even if everything plaintiff has presented is true, there is still not enough evidence to support her claim. The defendant can move for a: a. j.n.o.v. b. directed verdict c. rehearing d. mistrial e. none of the above Question 35 1 points Save The judiciary: a. reviews actions taken by the executive branch b. interprets laws enacted by legislative bodies c. enforces laws enacted by legislative bodies d. contributes to the development of the common law e. all of the above Question 36 1 points Save If a jury cannot reach a decision, the jury is said to be: a. divided b. deliberated c. sequestered d. hung e. none of the above Question 37 1 points Save Suppose an agency inspector, such as an OSHA safety inspector discovers a violation of the law at a business being inspected: a. the violation may be cleared up informally b. under the Administrative Procedures Act, a complaint must be filed and a notice of violation sent to the company c. the inspector must file a formal complaint, but the company could agree to correct the problem before litigation d. all suspected violations must be reported to a U.S. Attorney for consideration for prosecution e. none of the above Question 38 1 points Save Which of the following is not a procedural requirement for judicial review of an agency decision: a. ripeness b. diversity c. exhaustion d. jurisdiction e. standing Question 39 1 points Save When a court has power over the person who is the defendant of a lawsuit, it is called: a. in rem jurisdiction b. quasi in rem jurisdiction c. in personam jurisdiction d. concurrent jurisdiction e. none of the above Question 40 1 points Save Congress passed the Communications Decency Act to restrict child pornography on the Internet. When it reviewed the constitutionality of the statute, the Supreme Court held the law to be: a. an unconstitutional restriction on speech b. a constitutional restriction on speech because it affected minors c. a constitutional restriction on speech because it affected an area subject to regulation d. a constitutional restriction on speech because it was narrowly tailored to achieve a compelling governmental interest e. none of the above Question 41 1 points Save The U.S. Constitution guarantees a right to a jury trial in: a. the First Amendment b. the Fourth Amendment c. the Fifth Amendment d. the Sixth Amendment e. the Eighth Amendment Question 42 1 points Save Which of the following is not a part of the rules that govern most developed nations: a. formal rules b. informal rules c. social customs d. ethics e. all of the above are part of the rules Question 43 1 points Save In the following situation, which court system has jurisdiction? The plaintiff lives in State A; the defendant lives in State B; the dispute involves a matter of state law; and the dispute is for $35,000: a. federal court b. state court c. federal or state court d. concurrent courts e. none of the above Question 44 1 points Save Loraine wants to sue the Federal Aviation Administration because she thinks the local airport is too noisy and is operated carelessly. She has exhausted all administrative channels and now wishes to bring suit. Loraine should file her suit: a. in the state district court where she lives b. in the state district court in which the airport owner lives c. in the federal district court nearest the airport because this is a federal question d. with the Supreme Court because this controversy involves a statutory interpretation e. file her suit in the court Congress specified when it wrote the enabling statute for the FAA Question 45 1 points Save When Congress grants courts the ability to review administrative actions, it may: a. only specify the subject matter of court review b. only specify the personal jurisdiction of the court c. specify that judicial review is prohibited d. only specify that in rem jurisdiction is permitted e. specify the preferred outcomes of court adjudications Question 46 1 points Save Every state court system has trial courts where disputes are initially brought and tried. These are the courts of: a. limited jurisdiction b. special jurisdiction c. original jurisdiction d. appellate jurisdiction e. none of the above Question 47 1 points Save When monetary damages are awarded for a violation of the law that involves no actual damages to a person or property, the damages are called: a. punitive damages b. trivial damages c. nominal damages d. equitable damages e. compensatory damages Question 48 1 points Save One of the major advantages of dispute resolution through the common law is: a. strict adherence to stare decisis, so that the law does not change b. its ability to change with the times c. the Congress can pass laws in accordance with the wishes of the voters d. a state constitution specifies how laws are passed e. none of the above Question 49 1 points Save In preparing answers for written interrogatories, a defendant may not talk to an attorney. a. True b. False Question 50 1 points Save Administrative agencies may issue subpoenas to obtain business documents that agencies need for law enforcement. Subpoenas may: a. only be issued when there is good cause to believe that a violation of the law has occurred b. not be used to get confidential information c. only be issued by a federal district judge d. be used to obtain any information agencies want and no reasons need be given e. none of the above Question 51 1 points Save If a defendant answering a complaint admits to the plaintiff’s allegations but asserts additional facts that constitute a defense to the complaint, the defendant has asserted: a. a counterclaim b. an affirmative defense c. a pleading d. an answer e. none of the above Question 52 1 points Save A party seeking further review from the highest state court may seek review from: a. the federal district court in that district b. the federal appeals court in that district c. a panel of state supreme court justices from surrounding states d. the U.S. Supreme Court e. may not seek any further review Question 53 1 points Save One federal law that has tended to have a negative impact on the African-American community, but has disproportionately helped union members, is: a. the Taft-Hartley Act b. the Davis-Bacon Act c. the Omnibus Rehabilitation Act d. the Equal Employment Opportunity Act e. none of these Question 54 1 points Save The facts of a case are developed in court by: a. the judge b. the attorney appointed by the judge c. the jury d. the parties to the case e. all of the above Question 55 1 points Save A principal function served by the appellate courts is to: a. ensure that the trial judge correctly applied the law b. investigate the jury members to be sure that each was thinking in an unbiased manner c. verify the factual determinations made by the judge d. verify the factual determinations made by the jury e. all of the above Question 56 1 points Save A federal agency collects documents in its law enforcement activities. Except for trade secrets, these documents are: a. always secret, under the Privacy Act, unless used in court b. available to the public under the Freedom of Information Act, unless they concerns information about individuals protected by the Privacy Act c. available to the public under the Government in the Sunshine Act, unless it concerns information about individuals protected by the Privacy Act d. available to the public, whether it concerns individuals or not, under the Federal Sunshine Act e. none of the above Question 57 1 points Save Taken together, the Necessary and Proper Clause and the Commerce Clause, provides justification for: a. broad Congressional regulation of business b. broad state control of interstate commerce c. executive control of foreign trade d. Senate control of trade negotiations e. none of these Question 58 1 points Save Which of the following statements is true? a. law imposes structure on society by limiting activities that hurt the “public interest” b. the sale of marijuana is illegal worldwide c. the sale of alcoholic beverages is legal worldwide d. the law does not apply to individuals; only to society as a whole e. all of the above are true Question 59 1 points Save Administrative agencies are created by: a. a Supreme Court order b. federal courts to help in areas difficult to regulate by litigation c. an enabling statute of Congress d. an executive order of the President e. a and c Question 60 1 points Save If a party refuses to comply with a court order to produce documents or answer written interrogatories: a. nothing can be done, since no one can be forced to answer questions; the trial must proceed as best it can b. nothing can be done at that time, but the questions can be asked again during the trial to show the judge and jury that the party would not provide relevant information c. the court can find the party in contempt of court, which can result in fines or imprisonment d. the court can declare a mistrial and order the procedure to begin again e. none of the above Question 61 1 points Save The Judicial Improvements Act of 1990: a. encourages the increased use of the federal court system b. discourages caseload management c. imposes educational requirements for federal court judges d. directs more cases to state court rather than to federal court e. encourages, and in some cases requires, the use of alternative dispute resolution by federal courts Question 62 1 points Save An opinion written by a judge on a court of appeals who agrees with the decision of the majority, but for a different reason, is called a: a. majority opinion b. dissenting opinion c. concurring opinion d. modifying opinion e. none of the above; no such written opinion is allowed Question 63 1 points Save Specific performance refers to a remedy when the court requires the defendant to place the plaintiff back into the economic position they had before the injury in question was inflicted. a. True b. False Question 64 1 points Save Many aspects of the litigation process between two private parties in the federal court system, including pleadings, discovery, trial procedures, and motions, are governed by: a. the U.S. Court Rules of Civil Process b. the Federal Rules of Civil Procedure c. the Official Litigation Rules for Civil Procedure d. the Civil Litigation Code e. none of the above Question 65 1 points Save The constitution of the United Kingdom (England): a. is called the Magna Carta b. is called the King’s Writ c. dates back to William the Conqueror d. must be renewed every ten years by an act of Parliament e. none of the above; there is no constitution Question 66 1 points Save In federal court, which of the following kind of case is most numerous: a. torts b. contracts c. labor d. patents, copyrights and trademarks e. antitrust Question 67 1 points Save When a disgruntled party to an arbitration appeals the arbitrator’s decision to the courts, to have a chance of success, the appeal best be based on: a. errors of law b. errors of fact c. fraud d. misunderstanding of circumstances e. failure to comply with civil procedure Question 68 1 points Save A major notable expansion in administrative agencies came during which period: a. the Good Times era b. the Revolutionary era c. the Civil War era d. the Great Depression era e. none of the above Question 69 1 points Save “No state shall…deprive any person of life, liberty, or property, without due process of law…” is a part of the: a. First Amendment b. Fifth Amendment c. Sixth Amendment d. Fourteenth Amendment e. Declaration of Independence Question 70 1 points Save When an appellate court’s opinion agrees with (upholds) the decision of the trial court, the court is said to have_______the decision. a. affirmed b. remanded c. concurred with d. reversed e. none of the above Question 71 1 points Save The most widely recognized form of alternative dispute resolution process is: a. arbitration. b. mini-trials. c. mediation. d. hearings. e. none of the above. Question 72 1 points Save Sometimes states legislate on the same subject as Congress. If Congress passes a regulation: a. states must abolish their regulations because state law cannot exist along with Federal law b. federal regulation takes precedence over state laws that conflicts with the federal standards c. state law has more power within the state as long as relevant actions occur in the state d. the states are able to reduce the impact of the federal law by adding their own law to it e. none of the above are correct Question 73 1 points Save Which of the following is not a procedural requirement for judicial review of an agency decision: a. ripeness b. discretion c. exhaustion d. jurisdiction e. standing Question 74 1 points Save Federal judges are appointed for a term of: a. four years b. seven years c. ten years d. fourteen years e. none of the above Question 75 1 points Save Suppose an agency inspector, such as an OSHA safety inspector discovers a violation of the law at a business being inspected: a. the U.S. Attorney for the relevant district must be contacted to begin prosecution b. under the Administrative Procedures Act, a complaint must be filed and a notice of violation sent to the company c. the inspector must file a formal complaint, but the company could agree to correct the problem before litigation d. all suspected violations must be reported to a U.S. Attorney for consideration for prosecution e. none of the above Question 76 1 points Save Common law and statutory law that define and establish legal rights and regulate behavior is: a. procedural law b. moral law c. substantive law d. stare decisis e. none of the above Question 77 1 points Save In practice, the commerce clause of the Constitution: a. has little effect on the operation of international trade b. applies only to corporations c. has no effect within individual states d. has a significant effect on the operation of all businesses e. is rarely used by Congress Question 78 1 points Save Luis, a highly talented painter, signs a contract to paint Mina’s home, which is very unique, and difficult to paint. After one day, Luis decides the job is not worth it and leaves. Mina asks the court to force Luis to paint the house as agreed. Mina is seeking: a. injunctive relief b. restitution of the contract c. remission of the contract d. specific performance of the contract e. compensatory damages for Luis’ failure to fulfill the contract Question 79 1 points Save During a formal rulemaking process, an agency may: a. send the proposed rule to the appropriate oversight committee in Congress for review b. send the proposed rule to the U.S. Court of Appeals for review of constitutionality c. hold an investigatory hearing that may include witnesses who testify about the rule d. all of the above e. none of the above Question 80 1 points Save Substantive (legislative) rules issued by agencies are: a. statements that provide the agency staff and public with guidance regarding what the agency believes a certain statute or regulation means b. administrative statutes with the same force and effect of law as statutes passed by Congress c. rules that describe an agency’s organization, method of operation, and internal practices d. statements that may only rephrase the language of a statute passed by Congress e. none of the above Question 81 1 points Save Congress created the first regulatory agency in 1887. It is: a. Federal Trade Commission b. Federal Power Commission c. Interstate Commerce Commission d. Federal Communications Commission e. none of the above Question 82 1 points Save After reviewing an appeal, members of an appellate court may issue which of the following types of opinions? a. dissenting opinions b. concurring opinions c. majority opinions d. all of the above e. none of the above, an appellate court only issues orders Question 83 1 points Save ________________ involves the use of the law and the legal process to resolve disputes among individuals, businesses, and governments. a. civil litigation b. subject matter jurisdiction c. territorial jurisdiction d. concurrent jurisdiction e. criminal litigation Question 84 1 points Save During a formal rulemaking process, an agency : a. send the proposed rule to the appropriate oversight committee in Congress for review b. send the proposed rule to the U.S. Court of Appeals for review of constitutionality c. request a review of the rule by the White House for Presidential approval d. all of the above e. none of the above Question 85 1 points Save There are limits on Congressional power to regulate commerce. Congress may not: a. regulate trade among the states and foreign nations. b. regulate a business that has a de minimis effect on interstate commerce. c. impose a tax to regulate rather than raise revenue. d. regulate trade between state governments. e. none of the above are correct. Question 86 1 points Save Federal trial courts are called: a. district courts b. municipal courts c. superior courts d. claims courts e. none of the above Question 87 1 points Save Administrative agencies may issue subpoenas to obtain business documents that agencies need for law enforcement. Subpoenas may: a. only be issued when there is good cause to believe that a violation of the law has occurred b. be used to get confidential information c. only be issued by a federal district judge d. be used to obtain any information agencies want and no reasons need be given e. none of the above Question 88 1 points Save The party who is sued in a law suit is the: a. state. b. defendant. c. plaintiff. d. judge. e. bailiff. Question 89 1 points Save Ginger attacks Richard and cuts him with a knife. He sues Ginger. The jury awards Richard $50,000 for medical expenses and lost time at work and adds $100,000 to the award because Ginger was so vicious. The $50,000 is called: a. punitive damages b. compensatory damages c. nominal damages d. an equitable remedy e. none of the above Question 90 1 points Save The number of disputes filed with the American Arbitration in recent years was about: a. 10,000 b. 75,000 c. 200,000 d. 750,000 e. 5 million Question 91 1 points Save When a plaintiff names a defendant to a suit, the defendant: a. may be anyone the plaintiff “has substantial knowledge of” b. must be a “real and substantial party” to the lawsuit c. must be “in proximity” to the plaintiff d. must live in the same jurisdiction e. must be approved by the bailiff Question 92 1 points Save A counterclaim is: a. the denial by the defendant of the plaintiff’s complaint b. an additional claim by the plaintiff added on the original complaint c. the defendant’s claim against the plaintiff d. b and c e. none of the above Question 93 1 points Save Some court systems require arbitration before a trial in certain classes of disputes. The quasijudicial hearing usually resolves the matter without a trial. This is called: a. courtarbitration b. minitrial c. judicial negotiation d. mediated litigation e. none of the above; no such nonprocedure is used Question 94 1 points Save If an appeals court reverses a trial court decision, it: a. may order that the judgment be reversed b. may remand the case to the trial court for a retrial c. may affirm the decision of the trial court but modify it in an important way d. all of the above Question 95 1 points Save By the use of laws and the legal system, the government can: a. change acceptable behavior b. instruct individuals on what is allowed in certain circumstances c. encourage certain types of business activity d. impose sanctions to deter business activities that society disapproves of e. all of the above Question 96 1 points Save The legal process that resolves disputes among persons, businesses, and governments is known as: a. appellate jurisdiction b. criminal procedure c. civil litigation d. general jurisdiction e. limited jurisdiction Question 97 1 points Save If parties to a summary jury trial or a minitrial are dissatisfied with the results, they may: a. still take the dispute to a full trial b. not pursue further legal recourse c. attempt another form of ADR, but may not pursue litigation d. appeal the decision only to the appropriate administrative agency e. petition the judge for a new summary jury trial Question 98 1 points Save U.S. district courts: a. are not found in each state b. do not use juries c. are the trial courts of the federal system d. have fivepanels for exceptional situations e. all of the above are true Question 99 1 points Save Judges serve to: a. provide the principal link between law and society b. resolve disputes between citizens c. uphold the dignity of the law d. provide parties a full opportunity to receive the benefits of the adversarial legal system e. all of these Question 100 1 points Save In Wauchop v. Domino’s Pizza, Domino’s President, Monaghan, failed to appear for a deposition requested by the plaintiff. The court in this case held that Monaghan: a. is not required to testify in a deposition unless he is personally being sued b. is only required to answer written interrogatories, not appear for a deposition c. may send a qualified corporate officer to testify in his place d. must give a deposition when convenient e. must give a deposition and pay the plaintiff’s costs of having the deposition takenMGT102-HK. LEGAL ENVIRONMENT OF BUSINESS (MGT102-HK) > TAKE ASSESSMENT: EXAM 1 Question 1 1 points Save If there has been a lot of publicity surrounding a case, the defendant may request: a. a declaration of forum non conveniens b. a determination of concurrent jurisdiction c. a conflict-of-law ruling d. a change of venue e. none of the above Question 2 1 points Save Which of the following in not true about expert witnesses and their testimony: a. the testimony may not be contrary to prevailing scientific opinion b. if the evidence is not credible it will be rejected by the court c. the experts may not be questioned by the opposition before trial d. when experts conflict, the testimony of both sides will be stricken e. all of the above are true Question 3 1 points Save Suppose, before the start of a trial, the judge believes the case should be settled by the parties, rather than go to trial. The judge may: a. order the parties to settle the case b. order the parties to appear at a pretrial settlement hearing c. request the parties to come to a pretrial settlement hearing d. request the defendant come to a pretrial settlement hearing e. not have a pretrial settlement hearing unless requested by both parties Question 4 1 points Save A decision by the Chinese Supreme Court held that: a. arbitral awards do not apply in China b. China is not a party to the New York Convention c. lower Chinese courts cannot overturn arbitral awards without its permission d. lower Chinese court must overturn arbitral awards to protect the honor of the nation e. none of these Question 5 1 points Save All of the following are grounds for overturning an arbitration decision, according to the Federal Arbitration Act, except: a. the arbitrator does not state the legal basis for the decision b. the arbitrator engaged in fraud c. the arbitrator exceeded his authority d. there is evidence of serious procedural misconduct e. all of the above are grounds Question 6 1 points Save The party claiming to have suffered an injury that the law can remedy is: a. the appellate court b. the judge c. the defendant d. the plaintiff e. the bailiff Question 7 1 points Save Under the Fifth Amendment, when can a person be forced to produce documents for a government prosecution that could implicate a business in a violation of the law? a. Never; one does not have to report business information that will be incriminating b. One must produce documents the government requires unless they will incriminate an employee of the business c. Only if the person is a top executive of the business d. Only if the person involved does not work for the business e. Any time; corporate records are not due self-incrimination protection for the business Question 8 1 points Save A major advantages of the use of precedent in law for businesses is that they will: a. be able to get judges to resolve cases in favor of large businesses b. be able to avoid harsh punishments from the use of ineffective attorneys c. be unable to plan for future contingencies d. be unable to enforce contracts e. have reasonable expectations about the enforcement of agreements Question 9 1 points Save Which of these issues may impact a company’s operations? a. international issues b. political issues c. ethical issues d. legal issues e. all of these issues Question 10 1 points Save The original or oldest source of law in this country is: a. the federal Constitution b. the constitution of the first state c. the common law d. the Declaration of Independence e. none of the above Question 11 1 points Save In a civil trial the parties must prove their contentions: a. beyond a reasonable doubt b. with all due certainty c. to the satisfaction of the plaintiff d. by a preponderance of the evidence e. unanimously Question 12 1 points Save The first pleading is commonly called: a. the complaint b. the answer c. the affirmative defense d. the res judicata e. none of the above Question 13 1 points Save Informal agency procedures may include: a. tests and inspections b. processing applications c. negotiations with parties in trouble d. advisory opinions e. all of the above Question 14 1 points Save According to the Federal Arbitration Act: a. parties must always use arbitration before going to court b. arbitration is not recognized by the government c. arbitration is allowed only for claims under $75,000 d. arbitration must be pre-approved by a court e. courts must uphold agreements to arbitrate Question 15 1 points Save According to the Federal Rules of Civil Procedure, a party seeking information must use a discovery tool that: a. imposes significant burdens on the other party b. is not unduly burdensome to the other party c. the other party approves of beforehand d. the magistrate approves of e. none of the above Question 16 1 points Save Which of the following concerns legal wrongs committed against the government: a. civil law b. procedural law c. ethical law d. private law e. criminal law Question 17 1 points Save Which contracts often include arbitration clauses? a. insurance contracts b. investment contracts with stockbrokers c. many commercial contracts d. labor contracts e. all of the above Question 18 1 points Save In a hearing at an administrative agency, to determine if the law has been violated: a. defendants have the right to a jury trial b. defendants may have a jury trial if the agency agrees to one c. there is no right to a jury trial d. there is no right to jury trials except in cases involving agency common law e. there is no right to jury trials in regulatory cases unless there is a possibility of a death sentence Question 19 1 points Save The structured settlement process that involves an information exchange and, usually, confidential discussions that summarize the two sides of the case is: a. arbitration b. mediation c. conciliation d. minitrial e. court-annexed arbitration Question 20 1 points Save The Administrative Dispute Resolution Act of 1990: a. requires all controversies involving Congress to be handled by negotiation b. requires suits against Congress and the President to be handled by negotiation c. authorizes the use of ADR techniques by federal administrative agencies d. compels the use of ADR techniques by all federal and state administrative agencies e. forbids the use of ADR techniques in administrative law cases when other remedial approaches are feasible Question 21 1 points Save A summary jury trial: a. is the jury equivalent of a minitrial b. involves a judge giving the jury abbreviated instructions on the law c. begins with the selection of six advisory jurors d. involves a short presentation, by each side, of their case e. all of the above are true Question 22 1 points Save The screening process used to select jury members is called: a. adverse selection b. voir dire c. summary selection d. venue e. sequestering Question 23 1 points Save If one party to a lawsuit requests the production of documents that would expose a trade secret, the party against whom the request is made may procure the following to ensure the confidentiality of the secret: a. a counterclaim b. a deposition c. a protective order d. an injunction e. a restraint of trade Question 24 1 points Save When an administrative agency engages in rulemaking, it must first publish the proposed rule, then it must: a. conduct a trial-like hearing b. examine witnesses from all sides of the issue c. permit oral testimony for all interested parties d. allow written commentaries by interested parties e. all of the above Question 25 1 points Save The First Amendment limits: a. police from searching a private home without a warrant b. Congress from making laws restricting freedom of speech c. racial discrimination d. unequal taxes on in-state and out-of-state businesses e. Congress from restricting the right to bear arms Question 26 1 points Save The U.S. Constitution: a. established and limited the powers of government b. created the common law c. created the four major branches of the U.S. government d. created the 50 states e. all of the above Question 27 1 points Save To help stimulate jobs in its wine industry, New York does not tax New York wines but taxes other wines $1 per bottle. This tax is: a. a constitutional control on intrastate business b. constitutional, so long as it is not shown to impede foreign trade c. constitutional because New York state interests outweigh other states’ interests d. unconstitutional because it violates the Necessary and Proper Clause e. unconstitutional because it violates the Commerce Clause Question 28 1 points Save A longstatute is a: a. federal law to allow agencies to sue foreign businesses b. state law that permits its courts to reach beyond state lines for jurisdiction over nondefendants c. state law that allows plaintiffs to force defendants to come to a state for purpose of serving process d. federal law that allows plaintiffs to force defendants to come to the U.S. for purposes of serving process e. none of the above Question 29 1 points Save Damages that may be awarded to a plaintiff because the defendant’s conduct was willful or malicious are called: a. punitive damages. b. exceptional damages. c. expectancy damages. d. compensatory damages. e. injunctive damages. Question 30 1 points Save Statutory law is: a. a law enacted by a legislative body b. also known as the fundamental law of the nation c. a form of common law d. establishes the separation of powers at the federal level e. all of the above Question 31 1 points Save The doctrine of stare decisis can be defined as: a. the use of precedent or prior decisions as guidance in resolving later disputes b. laws setting forth rules for relationships between people c. a private or civil wrong that results in injury to another d. decisions concerning legal wrongs or crimes committed against society e. none of the above Question 32 1 points Save Written interrogatories are questions submitted by: a. the jury b. the judge c. the court reporter d. the opposing party e. none of the above Question 33 1 points Save Procedural, as opposed to substantive, law includes all of the following except for: a. court orders b. securities regulation c. rules of evidence d. administrative procedure e. all of the above are procedural law Question 34 1 points Save During a trial a plaintiff presents her case and then rests. The defendant claims that even if everything plaintiff has presented is true, there is still not enough evidence to support her claim. The defendant can move for a: a. j.n.o.v. b. directed verdict c. rehearing d. mistrial e. none of the above Question 35 1 points Save The judiciary: a. reviews actions taken by the executive branch b. interprets laws enacted by legislative bodies c. enforces laws enacted by legislative bodies d. contributes to the development of the common law e. all of the above Question 36 1 points Save If a jury cannot reach a decision, the jury is said to be: a. divided b. deliberated c. sequestered d. hung e. none of the above Question 37 1 points Save Suppose an agency inspector, such as an OSHA safety inspector discovers a violation of the law at a business being inspected: a. the violation may be cleared up informally b. under the Administrative Procedures Act, a complaint must be filed and a notice of violation sent to the company c. the inspector must file a formal complaint, but the company could agree to correct the problem before litigation d. all suspected violations must be reported to a U.S. Attorney for consideration for prosecution e. none of the above Question 38 1 points Save Which of the following is not a procedural requirement for judicial review of an agency decision: a. ripeness b. diversity c. exhaustion d. jurisdiction e. standing Question 39 1 points Save When a court has power over the person who is the defendant of a lawsuit, it is called: a. in rem jurisdiction b. quasi in rem jurisdiction c. in personam jurisdiction d. concurrent jurisdiction e. none of the above Question 40 1 points Save Congress passed the Communications Decency Act to restrict child pornography on the Internet. When it reviewed the constitutionality of the statute, the Supreme Court held the law to be: a. an unconstitutional restriction on speech b. a constitutional restriction on speech because it affected minors c. a constitutional restriction on speech because it affected an area subject to regulation d. a constitutional restriction on speech because it was narrowly tailored to achieve a compelling governmental interest e. none of the above Question 41 1 points Save The U.S. Constitution guarantees a right to a jury trial in: a. the First Amendment b. the Fourth Amendment c. the Fifth Amendment d. the Sixth Amendment e. the Eighth Amendment Question 42 1 points Save Which of the following is not a part of the rules that govern most developed nations: a. formal rules b. informal rules c. social customs d. ethics e. all of the above are part of the rules Question 43 1 points Save In the following situation, which court system has jurisdiction? The plaintiff lives in State A; the defendant lives in State B; the dispute involves a matter of state law; and the dispute is for $35,000: a. federal court b. state court c. federal or state court d. concurrent courts e. none of the above Question 44 1 points Save Loraine wants to sue the Federal Aviation Administration because she thinks the local airport is too noisy and is operated carelessly. She has exhausted all administrative channels and now wishes to bring suit. Loraine should file her suit: a. in the state district court where she lives b. in the state district court in which the airport owner lives c. in the federal district court nearest the airport because this is a federal question d. with the Supreme Court because this controversy involves a statutory interpretation e. file her suit in the court Congress specified when it wrote the enabling statute for the FAA Question 45 1 points Save When Congress grants courts the ability to review administrative actions, it may: a. only specify the subject matter of court review b. only specify the personal jurisdiction of the court c. specify that judicial review is prohibited d. only specify that in rem jurisdiction is permitted e. specify the preferred outcomes of court adjudications Question 46 1 points Save Every state court system has trial courts where disputes are initially brought and tried. These are the courts of: a. limited jurisdiction b. special jurisdiction c. original jurisdiction d. appellate jurisdiction e. none of the above Question 47 1 points Save When monetary damages are awarded for a violation of the law that involves no actual damages to a person or property, the damages are called: a. punitive damages b. trivial damages c. nominal damages d. equitable damages e. compensatory damages Question 48 1 points Save One of the major advantages of dispute resolution through the common law is: a. strict adherence to stare decisis, so that the law does not change b. its ability to change with the times c. the Congress can pass laws in accordance with the wishes of the voters d. a state constitution specifies how laws are passed e. none of the above Question 49 1 points Save In preparing answers for written interrogatories, a defendant may not talk to an attorney. a. True b. False Question 50 1 points Save Administrative agencies may issue subpoenas to obtain business documents that agencies need for law enforcement. Subpoenas may: a. only be issued when there is good cause to believe that a violation of the law has occurred b. not be used to get confidential information c. only be issued by a federal district judge d. be used to obtain any information agencies want and no reasons need be given e. none of the above Question 51 1 points Save If a defendant answering a complaint admits to the plaintiff’s allegations but asserts additional facts that constitute a defense to the complaint, the defendant has asserted: a. a counterclaim b. an affirmative defense c. a pleading d. an answer e. none of the above Question 52 1 points Save A party seeking further review from the highest state court may seek review from: a. the federal district court in that district b. the federal appeals court in that district c. a panel of state supreme court justices from surrounding states d. the U.S. Supreme Court e. may not seek any further review Question 53 1 points Save One federal law that has tended to have a negative impact on the African-American community, but has disproportionately helped union members, is: a. the Taft-Hartley Act b. the Davis-Bacon Act c. the Omnibus Rehabilitation Act d. the Equal Employment Opportunity Act e. none of these Question 54 1 points Save The facts of a case are developed in court by: a. the judge b. the attorney appointed by the judge c. the jury d. the parties to the case e. all of the above Question 55 1 points Save A principal function served by the appellate courts is to: a. ensure that the trial judge correctly applied the law b. investigate the jury members to be sure that each was thinking in an unbiased manner c. verify the factual determinations made by the judge d. verify the factual determinations made by the jury e. all of the above Question 56 1 points Save A federal agency collects documents in its law enforcement activities. Except for trade secrets, these documents are: a. always secret, under the Privacy Act, unless used in court b. available to the public under the Freedom of Information Act, unless they concerns information about individuals protected by the Privacy Act c. available to the public under the Government in the Sunshine Act, unless it concerns information about individuals protected by the Privacy Act d. available to the public, whether it concerns individuals or not, under the Federal Sunshine Act e. none of the above Question 57 1 points Save Taken together, the Necessary and Proper Clause and the Commerce Clause, provides justification for: a. broad Congressional regulation of business b. broad state control of interstate commerce c. executive control of foreign trade d. Senate control of trade negotiations e. none of these Question 58 1 points Save Which of the following statements is true? a. law imposes structure on society by limiting activities that hurt the “public interest” b. the sale of marijuana is illegal worldwide c. the sale of alcoholic beverages is legal worldwide d. the law does not apply to individuals; only to society as a whole e. all of the above are true Question 59 1 points Save Administrative agencies are created by: a. a Supreme Court order b. federal courts to help in areas difficult to regulate by litigation c. an enabling statute of Congress d. an executive order of the President e. a and c Question 60 1 points Save If a party refuses to comply with a court order to produce documents or answer written interrogatories: a. nothing can be done, since no one can be forced to answer questions; the trial must proceed as best it can b. nothing can be done at that time, but the questions can be asked again during the trial to show the judge and jury that the party would not provide relevant information c. the court can find the party in contempt of court, which can result in fines or imprisonment d. the court can declare a mistrial and order the procedure to begin again e. none of the above Question 61 1 points Save The Judicial Improvements Act of 1990: a. encourages the increased use of the federal court system b. discourages caseload management c. imposes educational requirements for federal court judges d. directs more cases to state court rather than to federal court e. encourages, and in some cases requires, the use of alternative dispute resolution by federal courts Question 62 1 points Save An opinion written by a judge on a court of appeals who agrees with the decision of the majority, but for a different reason, is called a: a. majority opinion b. dissenting opinion c. concurring opinion d. modifying opinion e. none of the above; no such written opinion is allowed Question 63 1 points Save Specific performance refers to a remedy when the court requires the defendant to place the plaintiff back into the economic position they had before the injury in question was inflicted. a. True b. False Question 64 1 points Save Many aspects of the litigation process between two private parties in the federal court system, including pleadings, discovery, trial procedures, and motions, are governed by: a. the U.S. Court Rules of Civil Process b. the Federal Rules of Civil Procedure c. the Official Litigation Rules for Civil Procedure d. the Civil Litigation Code e. none of the above Question 65 1 points Save The constitution of the United Kingdom (England): a. is called the Magna Carta b. is called the King’s Writ c. dates back to William the Conqueror d. must be renewed every ten years by an act of Parliament e. none of the above; there is no constitution Question 66 1 points Save In federal court, which of the following kind of case is most numerous: a. torts b. contracts c. labor d. patents, copyrights and trademarks e. antitrust Question 67 1 points Save When a disgruntled party to an arbitration appeals the arbitrator’s decision to the courts, to have a chance of success, the appeal best be based on: a. errors of law b. errors of fact c. fraud d. misunderstanding of circumstances e. failure to comply with civil procedure Question 68 1 points Save A major notable expansion in administrative agencies came during which period: a. the Good Times era b. the Revolutionary era c. the Civil War era d. the Great Depression era e. none of the above Question 69 1 points Save “No state shall…deprive any person of life, liberty, or property, without due process of law…” is a part of the: a. First Amendment b. Fifth Amendment c. Sixth Amendment d. Fourteenth Amendment e. Declaration of Independence Question 70 1 points Save When an appellate court’s opinion agrees with (upholds) the decision of the trial court, the court is said to have_______the decision. a. affirmed b. remanded c. concurred with d. reversed e. none of the above Question 71 1 points Save The most widely recognized form of alternative dispute resolution process is: a. arbitration. b. mini-trials. c. mediation. d. hearings. e. none of the above. Question 72 1 points Save Sometimes states legislate on the same subject as Congress. If Congress passes a regulation: a. states must abolish their regulations because state law cannot exist along with Federal law b. federal regulation takes precedence over state laws that conflicts with the federal standards c. state law has more power within the state as long as relevant actions occur in the state d. the states are able to reduce the impact of the federal law by adding their own law to it e. none of the above are correct Question 73 1 points Save Which of the following is not a procedural requirement for judicial review of an agency decision: a. ripeness b. discretion c. exhaustion d. jurisdiction e. standing Question 74 1 points Save Federal judges are appointed for a term of: a. four years b. seven years c. ten years d. fourteen years e. none of the above Question 75 1 points Save Suppose an agency inspector, such as an OSHA safety inspector discovers a violation of the law at a business being inspected: a. the U.S. Attorney for the relevant district must be contacted to begin prosecution b. under the Administrative Procedures Act, a complaint must be filed and a notice of violation sent to the company c. the inspector must file a formal complaint, but the company could agree to correct the problem before litigation d. all suspected violations must be reported to a U.S. Attorney for consideration for prosecution e. none of the above Question 76 1 points Save Common law and statutory law that define and establish legal rights and regulate behavior is: a. procedural law b. moral law c. substantive law d. stare decisis e. none of the above Question 77 1 points Save In practice, the commerce clause of the Constitution: a. has little effect on the operation of international trade b. applies only to corporations c. has no effect within individual states d. has a significant effect on the operation of all businesses e. is rarely used by Congress Question 78 1 points Save Luis, a highly talented painter, signs a contract to paint Mina’s home, which is very unique, and difficult to paint. After one day, Luis decides the job is not worth it and leaves. Mina asks the court to force Luis to paint the house as agreed. Mina is seeking: a. injunctive relief b. restitution of the contract c. remission of the contract d. specific performance of the contract e. compensatory damages for Luis’ failure to fulfill the contract Question 79 1 points Save During a formal rulemaking process, an agency may: a. send the proposed rule to the appropriate oversight committee in Congress for review b. send the proposed rule to the U.S. Court of Appeals for review of constitutionality c. hold an investigatory hearing that may include witnesses who testify about the rule d. all of the above e. none of the above Question 80 1 points Save Substantive (legislative) rules issued by agencies are: a. statements that provide the agency staff and public with guidance regarding what the agency believes a certain statute or regulation means b. administrative statutes with the same force and effect of law as statutes passed by Congress c. rules that describe an agency’s organization, method of operation, and internal practices d. statements that may only rephrase the language of a statute passed by Congress e. none of the above Question 81 1 points Save Congress created the first regulatory agency in 1887. It is: a. Federal Trade Commission b. Federal Power Commission c. Interstate Commerce Commission d. Federal Communications Commission e. none of the above Question 82 1 points Save After reviewing an appeal, members of an appellate court may issue which of the following types of opinions? a. dissenting opinions b. concurring opinions c. majority opinions d. all of the above e. none of the above, an appellate court only issues orders Question 83 1 points Save ________________ involves the use of the law and the legal process to resolve disputes among individuals, businesses, and governments. a. civil litigation b. subject matter jurisdiction c. territorial jurisdiction d. concurrent jurisdiction e. criminal litigation Question 84 1 points Save During a formal rulemaking process, an agency : a. send the proposed rule to the appropriate oversight committee in Congress for review b. send the proposed rule to the U.S. Court of Appeals for review of constitutionality c. request a review of the rule by the White House for Presidential approval d. all of the above e. none of the above Question 85 1 points Save There are limits on Congressional power to regulate commerce. Congress may not: a. regulate trade among the states and foreign nations. b. regulate a business that has a de minimis effect on interstate commerce. c. impose a tax to regulate rather than raise revenue. d. regulate trade between state governments. e. none of the above are correct. Question 86 1 points Save Federal trial courts are called: a. district courts b. municipal courts c. superior courts d. claims courts e. none of the above Question 87 1 points Save Administrative agencies may issue subpoenas to obtain business documents that agencies need for law enforcement. Subpoenas may: a. only be issued when there is good cause to believe that a violation of the law has occurred b. be used to get confidential information c. only be issued by a federal district judge d. be used to obtain any information agencies want and no reasons need be given e. none of the above Question 88 1 points Save The party who is sued in a law suit is the: a. state. b. defendant. c. plaintiff. d. judge. e. bailiff. Question 89 1 points Save Ginger attacks Richard and cuts him with a knife. He sues Ginger. The jury awards Richard $50,000 for medical expenses and lost time at work and adds $100,000 to the award because Ginger was so vicious. The $50,000 is called: a. punitive damages b. compensatory damages c. nominal damages d. an equitable remedy e. none of the above Question 90 1 points Save The number of disputes filed with the American Arbitration in recent years was about: a. 10,000 b. 75,000 c. 200,000 d. 750,000 e. 5 million Question 91 1 points Save When a plaintiff names a defendant to a suit, the defendant: a. may be anyone the plaintiff “has substantial knowledge of” b. must be a “real and substantial party” to the lawsuit c. must be “in proximity” to the plaintiff d. must live in the same jurisdiction e. must be approved by the bailiff Question 92 1 points Save A counterclaim is: a. the denial by the defendant of the plaintiff’s complaint b. an additional claim by the plaintiff added on the original complaint c. the defendant’s claim against the plaintiff d. b and c e. none of the above Question 93 1 points Save Some court systems require arbitration before a trial in certain classes of disputes. The quasijudicial hearing usually resolves the matter without a trial. This is called: a. courtarbitration b. minitrial c. judicial negotiation d. mediated litigation e. none of the above; no such nonprocedure is used Question 94 1 points Save If an appeals court reverses a trial court decision, it: a. may order that the judgment be reversed b. may remand the case to the trial court for a retrial c. may affirm the decision of the trial court but modify it in an important way d. all of the above Question 95 1 points Save By the use of laws and the legal system, the government can: a. change acceptable behavior b. instruct individuals on what is allowed in certain circumstances c. encourage certain types of business activity d. impose sanctions to deter business activities that society disapproves of e. all of the above Question 96 1 points Save The legal process that resolves disputes among persons, businesses, and governments is known as: a. appellate jurisdiction b. criminal procedure c. civil litigation d. general jurisdiction e. limited jurisdiction Question 97 1 points Save If parties to a summary jury trial or a minitrial are dissatisfied with the results, they may: a. still take the dispute to a full trial b. not pursue further legal recourse c. attempt another form of ADR, but may not pursue litigation d. appeal the decision only to the appropriate administrative agency e. petition the judge for a new summary jury trial Question 98 1 points Save U.S. district courts: a. are not found in each state b. do not use juries c. are the trial courts of the federal system d. have fivepanels for exceptional situations e. all of the above are true Question 99 1 points Save Judges serve to: a. provide the principal link between law and society b. resolve disputes between citizens c. uphold the dignity of the law d. provide parties a full opportunity to receive the benefits of the adversarial legal system e. all of these Question 100 1 points Save In Wauchop v. Domino’s Pizza, Domino’s President, Monaghan, failed to appear for a deposition requested by the plaintiff. The court in this case held that Monaghan: a. is not required to testify in a deposition unless he is personally being sued b. is only required to answer written interrogatories, not appear for a deposition c. may send a qualified corporate officer to testify in his place d. must give a deposition when convenient e. must give a deposition and pay the plaintiff’s costs of having the deposition taken