Criminal laws

Criminal laws are a protection of society, and the violation of criminal laws results in penalties to the violator such as fines or imprisonment. correct True Criminal laws are a protection of society, and the violation of criminal laws results in penalties to the violator such as fines or imprisonment.  Which equitable maxim favors those who exercise caution in pursuing their claims and disfavors those who rest on their legal rights by failing to act to protect their rights in a reasonable period of time? Equity aids the vigilant Perhaps the most universal of the maxims is the notion that the law favors those who exercise vigilance in pursuing their claims and disfavors those who rest on their legal rights by failing to act to protect their rights in a reasonable period of time

The state trial court in Nevada has issued a decision in which a party has been found guilty of fraud. Should a case arise in the future with the same basic fact situation, Nevada courts will be bound by precedent to follow the reasoning and decision of this prior decision. False It is important to remember that state trial court decisions are binding only on the parties involved in the dispute. Trial court decisions do not set precedent for future disputes or parties. Only appellate-level courts set precedent. 4Courts use a two-prong test to determine whether it has personal jurisdiction over an out-of-state defendant. Which of the following questions is likely to be asked in the second prong that deals with meeting constitutional requirements of fairness and due process? Does the defendant have some level of minimum contacts with the state The second prong in the two-prong test ensures that exercising jurisdiction over an out-of-state defendant meets the constitutional requirements of fairness and due process.

Courts examine two questions in this analysis: First, does the defendant have some level of minimum contacts with the state? Second, has the defendant purposefully availed herself by some affirmative directed to that specific state? 5Civil litigation is the term used to describe a dispute resolution process in which the parties and their counsel argue their views of a civil (noncriminal) controversy in a court of law True Civil litigation is the term used to describe a dispute resolution process in which the parties and their counsel argue their views of a civil (noncriminal) controversy in a court of law. While the term litigation is sometimes used as synonymous with the word trial, the scope of litigation is much broader and includes

pretrial events as well 6Which of the following is a type of informal alternative dispute resolution (ADR)? Settlement agreement Informal ADR can take the form of a settlement agreement whereby one party agrees to a payment in exchange for the other party’s promise not to sue or an agreement to cancel a contract or to revise an existing contract to better reflect the parties’ obligations and needs. 7Ethics addresses how one should act, in a given situation, as defined by society. True Ethics addresses how one should act, in a given situation, as defined by society. It comprises the systematic set of rules used to define

8Differentiate between codes of conduct and codes of ethics. Codes of conduct specify actions in the workplace, and codes of ethics are general guides to decisions about those actions. Codes of conduct specify actions in the workplace, and codes of ethics are general guides to decisions about those actions. An effective code of conduct contains examples of appropriate behavior. 9Which of the following is true of a property sublease?

In a sublease, a tenant transfers her interests to a subleasee for a term that is less than the remaining term of the original lease. If a tenant transfers her interests to a subleasee for anything less than the remaining term, this is known as a sublease. The tenant remains bound to the original lease agreement. The subleasee receives the full legal benefits of tenancy, including the right to sue the landlord if the landlord violates any of her duties such as the right to quiet possession. 10The authority of the state and federal government to take private property is called _____. the power of eminent domain

The authority of the state and federal government to take private property is called the power of eminent domain, which is derived from the Fifth Amendment provision. 1 is the first step in learning how to make legal decisions in a business context. Developing legal insight by understanding the fundamentals of legal theory Developing legal insight by understanding the fundamentals of legal theory and how they may impact business is the first step in learning how legal decisions should be made in a business context. is the first step in learning how to make legal decisions in a business context.

2 Statutory law is the foundation for all other law in the United States and is the supreme law of the land. correct False Constitutional law is the foundation for all other law in the United States and is the supreme law of the land 3 In rem jurisdiction occurs when a court uses its quasi in rem jurisdiction to compel a litigant to appear in court by attaching property that False In rem jurisdiction typically allows a court the authority to determine title to an object or real estate. Quasi in rem jurisdiction occurs when a court uses its in rem jurisdiction to compel a litigant to appear in court by attaching property that belongs to the litigant. 4 Which of the following is the primary purpose of state long-arm statutes? To authorize personal jurisdiction over nonresident defendants

5 Civil litigation is the term used to describe a dispute resolution process in which the parties and their counsel argue their views of a civil (noncriminal) controversy in a court of law true 6 If arbitration is unbinding, the arbitrator’s decision is final unless both parties in the dispute agree to have the case reopened false 7 A very simplistic approach to consider when deciding whether a manager or a company is acting in an ethical manner is to apply a “broadcast news test.”true 8 Differentiate between codes of conduct and codes of ethics. Codes of conduct specify actions in the workplace, and codes of ethics are general guides to decisions about those actions 9 The law tends to offer more protection to commercial tenants than to residential tenants false 10 Josh drives in to a restaurant and hands his car keys to the valet at the entrance.

While leaving the restaurant after dinner, Josh learns that the valet accidentally left the car unlocked and the car has been stolen. In the context of bailment relationships, the restaurant is most likely: liable as a bailee unless it can show that the valet acted with reasonable care 1A bill is a federal statute passed by Congress and signed into law by the president. False 2Attorneys who are part of the executive or midlevel management team of large companies are known as: litigator counsel. 3Courts use a two-prong test to determine whether it has personal jurisdiction over an out-of-state defendant. Which of the following questions is likely to be asked in the second prong that deals with meeting constitutional requirements of fairness and due process?correct Does the defendant have some level of minimum contacts with the state?

In a recent state trial court case against the fraudulent actions of Fuller Inc., the company’s CEO was found guilty of fraud. The company filed an appeal to the state appellate court, which then remanded the case back to the trial court. Which of the following best explains the actions of the state appellate court?→ The error made by the trial court was substantial enough for its decision to be reversed by the appellate court. 5Summary jury trials are used primarily in federal courts but have occasionally been used by state courts when there are complex issues to be litigated.correct True 6Which of the following statements is NOT true of the Federal Arbitration Act (FAA)?→ It spells out specific procedures and formats for conducting arbitration proceedings. 7Understanding which primary and secondary stakeholders will be affected is part of the _____ stage of the ethical decision-making process. identifying impact

Business ethicists agree that in an ideal ethical organization, responsibility is seen as collective rather than individualFalse 9The law tends to offer more protection to commercial tenants than to residential tenantsFalse 10 Which of the following is true of a property sublease In a sublease, a tenant transfers her interests to a subleasee for a term that is less than the remaining term of the original lease 1Which equitable maxim favors those who exercise caution in pursuing their claims and disfavors those who rest on their legal rights by failing to act to protect their rights in a reasonable period of time? Equity aids the vigilant

2Although much of the language of the law has Latin roots, the terminology is primarily a combination of Latin, early and modern English, and Greek False Although much of the language of the law has Latin roots, the terminology is primarily a combination of Latin, early and modern English, and French

Which of the following is the primary purpose of state long-arm statutes? To authorize personal jurisdiction over nonresident defendants Ted is on trial for murder. The prosecution must provide _____ evidence in order to secure Ted’s conviction inculpatory

Which of the following statements is NOT true of the Federal Arbitration Act (FAA)? It spells out specific procedures and formats for conducting arbitration proceedings. 7Managers who adopt the style proposed by Adam Smith’s invisible hand theory are likely to believe that: → a deliberate amorality in corporate decision making is required. 8Which of the following ethical theories is adopted by a company that strives to act as ethically as possible, even at the expense of some additional profits, as long as the business remains profitable? → The moral minimum theory

9According to the landlord-tenant agreement, Ray’s monthly rent includes his electricity and water bills. Daniel, the landlord, has failed to paythe bills for almost four months as a result of which the supply of water and electricity has been stopped in Ray’s apartment. Ray has reminded his landlord to pay the bills several times. In this case, which of the following is true? Ray’s right to habitability has been violated 10The term property in a legal sense is defined broadly as a person’s set of legal rights over others to use his or her property exclusively.correct True Which of the following is an example of equitable relief? A restraining order In a business context, legal counsel is not only a primary and important source of information and advice but is also solely responsible for making decisions about how to resolve a dispute False Joan is on trial for first-degree murder. It is a jury trial in which she is pleading not guilty.

Presently, the plaintiff’s attorney is asking questions of the witnesses on the plaintiff’s list. This is known as correct direct examination Which of the following ethical theories is adopted by a company that strives to act as ethically as possible, even at the expense of some additional profits, as long as the business remains profitable? correct The moral minimum theory Critics of _____ argue that the approach amounts to a mathematical formula to decide how ethical decisions impact individuals.→ utilitarianism Personal property must be tangible but need not be movable FALSE Venue is a determination of the most appropriate court location for litigating a dispute. FALSE Online mediation is generally binding on the parties in a dispute.FALSE Is based on the concept that law is a social institution that should be used to promote fairness by taking into account social and economic realities when arriving at legal conclusions. correct Legal realism Which of the following is true of subject matter jurisdiction on the basis of diversity of citizenship?

In a diversity-of-citizenship case, a federal court will apply state law. Variance refers to a change made to a property lease agreement prior to the expiration of the lease.incorrect FALSE Certain courts are charged with the primary role of performing judicial review. correct True Depositions and interrogatories occur during the _____ stage of litigation. correct discovery Andrew Keaton owns a piece of land covering 24 acres. He has unrestricted rights over the land, except for those restrictions imposed by law.His rights are valid for an unlimited period of time and the land can be inherited by his son or daughter.

In other words, Andrew’s rights over his land are best characterized as _____.  fee simple absolute When compared to the country of origin principle, the country of reception approach to the jurisdiction of Internet transactions: → requires business managers to have more knowledge of the laws of other countries. Fundamentally, state trial courts rule on certain points of state law and render a decision. That decision is binding on the parties, and on everyone else. FALSE Ongoing attention and dialogue regarding values in the workplace build resistance to openness, integrity, and community FALSE