carry fines and/or imprisonment penalties.

Faxed documents: it's difficult to tell if a signature is authentic: clarity is a problem and signatures can be cut/pasted. The UCC provides: anything placed on doc w/intent to authenticate is a binding signature for a valid contract. The UCC def:

did not anticipate the technology problems arising from the fax.

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Mod 1

Question	Answer
Violations of civil laws can result in imprisonment	False
If conduct is a criminal violation, it cannot also be a civil violation.	False
There are no criminal laws at the federal level	False
Terms of a consulting contract are an example of private law.	True
Stare decisis is Latin for "let the decision stand."	True
The common law in each state is the same.	False
Statutory law exists at all levels of government	True
The United States Code includes laws on anticompetitive activities as well as laws regulating the sale of securities.	True
Ordinances are generally found in state legislative codes.	False
States do not have administrative laws.	False
City ordinances generally cover the legal aspects of incorporation and securities registration.	False
Citations are a form of legal shorthand for referring to statutes, ordinances, and cases.	True
Constitutions exist at both state and federal levels.	True
The Internal Revenue Code is part of federal statutory law.	True
Equitable remedies are not available in courts of law in the United States.	False
Laws' flexibility allow adjustments for technology changes.	True
A personnel manual is an example of private law.	True
Union/management laws demonstrate the role of law as a compromiser.	True
Criminal laws are generally enforced by individuals.	False
A multilateral treaty is a treaty among several nations.	True
The act of state doctrine permits other countries to intervene in a nation's government when human rights are violated.	False
The Uniform Commercial Code and the Uniform Partnership Act are both enactments of Congress.	False
Party autonomy is not permitted in international contracts.	False
Treaties are a source of international law.	True
Custom has no impact on international law.	False
Once a court decision is issued, it cannot be reversed without legislative action.	False
A curfew is an example of the type of law that would be found in city or town ordinances.	True
The uniform laws on partnerships and corporations are found codified in the United States Code.	False
Courts create and apply the common law.	True
If you run a red light and hit and injure a pedestrian, both civil and criminal laws will apply	True
The CISG (Contracts for the International Sale of Goods) is another name for the UCC	False
Courts interpret all levels of statutes and regulations.	True
Zoning is an example of private law.	False
Statutes that eliminate federal constitutional protections are still valid if they are federal statutes.	False
The U.S. Constitution does not apply to the states.	False
Judicial review is one means for clarifying the meaning of laws.	True
Which of the following is not part of the United States Code?	Uniform Commercial Code
In "cite 15 U.S.C. sec. 77," the 15 represents:	volume number
Which is not an example of private law?	zoning ordinances
Administrative regulations are promulgated by:	administrative agencies.
Which of the following subjects is not generally covered by local ordinances?	partnerships
Criminal laws:	carry fines and/or imprisonment penalties.
Faxed documents: it's difficult to tell if a signature is authentic: clarity is a problem and signatures can be cut/pasted. The UCC provides: anything placed on doc w/intent to authenticate is a binding signature for a valid contract. The UCC def:	did not anticipate the technology problems arising from the fax.
Which of the following is an example of a law that provides compromises?	union/management laws
Ellen has been operating a small catering business out of her home. Business growth is now requiring an office and kitchen facilities. Before expanding facilities, she wishes to incorporate her business. Where would she find the laws of incorporation?	state statutes
Business ethics provides a guarantee of profitability.	False
Unethical behavior is not necessarily illegal behavior	True
A lack of business ethics can result in a lack of business goodwill	True
Business ethics is the application of standards for moral reasoning to business dilemmas.	True
Situational ethics is also known as moral relativism.	True
Natural law and positive law are one and the same theories of moral standards.	False
Milton Friedman's standard for business social responsibility is one that requires a company to do all that it can for its community.	False
The inherence school is one that follows the standard of society's interest coming first.	False
The enlightened self-interest school manager serves only the shareholder.	False
Invisible hand managers do not become involved in social issues.	True
The social-responsibility school holds that businesses profit by being responsive to society.	True
Giving a false impression, although not actually an untruth, is still an ethical violation.	True
A code of ethics is an individual firm's behavior standard for employees.	True
Condoning unethical behavior is an ethical breach.	True
The "front page of the newspaper test" is an application of whether conduct gives the appearance of impropriety.	True
The first question of the Blanchard/Peale model for resolving ethical dilemmas is whether the conduct is legal.	True
Whether everyone else does it is one method for evaluating the ethics of a particular course of action.	False
"I was just following orders," is a defense in law and a test for ethical behavior.	False
"That's the way it has always been done," is a phrase that often signals ethical difficulties.	True
The first question of the Wall Street Journal model is whether the conduct complies with the law.	True
Ethics can provide a strategic advantage for companies.	True
"Everybody else does it" is a valid test for determining whether conduct is ethical.	False
Compliance with the law meets all ethical standards	False
Sarbanes-Oxley is the most extensive regulation of companies since the 1933 and 1934 Securities laws.	True
An anonymous reporting system is a requirement for companies under Sarbanes-Oxley.	True
Having a code of ethics does not reduce a company's sentence under the federal sentencing guidelines.	False
A company that self-reports a legal violation risks a higher penalty.	False
Training employees in ethics is a factor that reduces a company's sentence under the federal sentencing guidelines.	True
Ethics consists of the unwritten rules we apply in both business and personal lives.	True
"When in Rome, do as the Romans do," is an example of moral relativism.	True
Conflicts of interest can result in the use of quid pro quo.	True
"It's a gray area," if it applies, means that the conduct you are evaluating is ethical, so long as you stay in the gray area.	False
Rationalization is one form of ethical analysis.	False
To obtain the protections and benefits of the sentencing guidelines, companies must have a code of ethics.	True
To obtain the protections and benefits of the sentencing guidelines, companies must have some form of anonymous reporting.	True
Ethics are key to the success of economic systems.	True
Corruption impedes economic development.	True
ch2 Q 38	ethical relativism
Milton Friedman's philosophy on corporate behavior is:	a business serves its shareholders best by serving shareholders
An inherence school company would become involved in a residential property tax for schools only if:	the issue would affect the company's performance
Which of the following is not a question for the Blanchard/Peale test for ethical behavior?	Does it follow industry code?
ch2 q 42	enlightened self-interest school
Which of the following is not an element of the Nash test?	Is it legal?
Which of the following is not a requirement of Sarbanes-Oxley?	both a and c
ch 2 q 45	all of the above
ch2 q 46	all of the above
Why does the late Dr. Milton Friedman feel that managers should not involve their companies in social issues?	they are agents of the shareholders and should act in their best interests
Michael Chertoff was the head of the Department of Homeland Security. Mr. Chertoff pays 25 cents to the federal government each time a personal fax comes to him at his federal office. Mr. Chertoff's actions:	are meant to establish an effective tone at the top.
"If you think what we're doing now is bad, you should have seen 10 years ago at this company..." is an example of:	rationalization.
A trial court generally has three judges who preside in a case.	False
An appellate court's role is to take additional evidence after a trial has ended.	False
The trial transcript, trial evidence, and appellate briefs are generally not available to the appellate court.	False
Dicta is the rule of law in a case.	True
An appellate court reversal requires a unanimous vote by the reviewing judges.	False
When a case is remanded, the lower court must conduct additional proceedings.	True
An appellate court has the authority to order a new trial.	True
The U.S. Supreme Court nearly always issues writs of certiorari when cases are appealed to it	False
The party who appeals a decision is called an appellant.	True
Decisions of the federal district court are reported in the Federal Reporter.	False
Federal district courts are courts of original jurisdiction.	True
There are 13 federal judicial circuits.	True
The U.S. Court of Appeals is a court of original jurisdiction.	False
State supreme court decisions can be appealed to the U.S. Supreme Court.	True
Small claims courts are state courts of original jurisdiction in which minimal damage suits are tried.	True
Regional reporters carry the opinions of state appellate and supreme court decisions.	True
A court that has subject matter jurisdiction over a case also has in personam jurisdiction over the case.	False
Long-arm statutes give courts power to take jurisdiction over parties in other states in some cases.	True
The doctrine of "minimum contacts" is one of fairness in extending in personam jurisdiction.	True
All states have a general trial court of original jurisdiction	True
Federal district courts are the general trial courts of the federal system.	True
The International Court of Justice can compel parties to appear before it.	False
A case that is remanded requires further procedures.	True
If any mistake is made in a case, it is reversible error.	False
Diversity of citizenship and a claim of $75,000 or more and a federal question are required for a federal district court to take jurisdiction on a case.	False
The U.S. Courts of Appeal use a writ of certiorari process for appeals.	False
Specialty courts exist in both the state and federal systems.	True
An en banc hearing is one in which all the judges participate.	True
Bankruptcy courts are the only courts in the state or federal system that handle bankruptcy declarations and proceedings.	True
U.S. Supreme Court cases are generally heard by three judges.	False
U.S. Supreme Court opinions are reported in three different reporter series.	True
If a plaintiff's home country provides an adequate remedy for a wrong, the case cannot be heard in the United States.	True
A writ of certiorari is:	a U.S. Supreme Court order granting review of a case.
When a case is remanded:	it is sent back to the trial court.
Which of the following names apply to the party who appeals the trial court decision?	appellant
In which system are bankruptcy courts located?	Federal court system
Which of the following is an example of a reversible error?	a and b only
An appeal of an IRS decision against you on your tax return would be heard in:	tax court.
ch 3 q 40	venue.
Which of the following is NOT true of long-arm statutes?	they are not subject to federal review
Which of the following is an issue in subject matter jurisdiction determinations?	all of the above are issues in subject matter jurisdiction
A traffic court:	is a court of limited jurisdiction
Which is not part of the National Reporter System?	Federal Supplement
A lawyer who knows that his client is guilty of a breach of contract:	must keep that information confidential
The U.S. Supreme Court has no original jurisdiction.	False
A lawsuit begins with the filing of a complaint or petition.	True
A complaint must establish subject matter jurisdiction.	True
Venue is the subject matter jurisdiction of a court.	False
Specific performance is an equitable remedy.	True
Injunctions are equitable remedies.	True
There is no difference between a summons and a subpoena.	False
The summons is the same document as the complaint.	False
The complaint and answer are both pleadings.	True
A default is entered when the defendant counterclaims.	False
A motion for judgment on the pleadings is the same as a motion for summary judgment.	False
A motion for summary judgment is appropriate only if there are no issues of fact.	True
Interrogatories must be answered in writing and under oath.	True
Work product is discoverable.	False
Every trial requires a jury.	False
Voir dire is the process of screening prospective jurors.	False
A prima facie case is one that can survive a directed verdict.	True
All hearsay is inadmissible as evidence.	False
If a judge grants a motion for a judgment NOV, the effect is a reversal of the jury verdict.	True
Arbitration proceedings have less stringent evidentiary standards than trials.	True
In mediation, the disputing parties use a third party as a go-between to facilitate negotiations.	True
A mini-trial is a public method of dispute resolution.	False
The results of an arbitration hearing are generally binding.	True
The results of mediation are generally binding.	False
Interrogatories are given under oath.	True
There is an absolute right to a jury trial in civil cases.	False
In some states, unanimous jury verdicts are not required.	True
Interrogatories are only given to the parties in a case.	True
The International Chamber of Commerce (ICC) is a private court.	False
So long as a court has subject matter jurisdiction, there is no need for in personam jurisdiction.	False
In personam jurisdiction is not an issue when one of the parties is from another country.	False
A deposition can be used at trial.	True
A directed verdict can occur immediately after the pleadings are filed.	False
Arbitration is not allowed when federal statutory rights are involved.	False
In international disputes, it is likely that foreign companies will be required to come to the United States to bring suit for issues involving the Internet and U.S. companies	False
Spoilation is the destruction of evidence that is needed in a case.	True
It is quite common for courts to overturn an arbitration award.	False
Mandatory arbitration is unconstitutional.	False
Which of the following would not be discoverable in a contract suit requesting lost profits as damages?	work product
A motion for judgment NOV:	is a motion for judgment notwithstanding the verdict.
Ch 4 q 40	could constitute obstruction of justice.
When is a motion for a directed verdict properly made?	after the plaintiff has presented its case
ch 4 q 42	both b and c
What are the sanctions for the failure to admit facts made through a request for admissions?	the cost of proving the facts not admitted may be assessed against the party who failed to admit those facts
ch 4 q 44	could have Jack struck from the panel for cause.
Who conducts cross-examination when the defendant is presenting its case?	the plaintiff
A prima face case:	is one that has met the elements of proof.
If there is a hung jury:	the case can be retried.
Order of civil preocedure	1. complaint/2. counterclaim/3. judgment on pleadings/4. summary judgment/5. desposition/6. voir dire/7. direct examination/8. cross-examination/9. jury instructions/10. judgment NOV/11. appeal

Created by: shanekory

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