Quiz Questions and Answers Chpts 1-5 Chapter One Public law, which is positive law is The law that should be applied the same in all cases under all circumstances In a suit between general motors and turtle motors the trial court bases it decision on the doctrine of stare decisis. This means that the court follows the rules of law established by Courts of lower rank In a suit by Wrongway Cars, Inc. against Last Chance Bank, the trial court issues an injunction which is an equitable remedy. This is An order to perform what was promised Common law or case law includes interpretations of federal and state: Constitution only A statute of limitations means: Federal law limits application of state law Chapter Two Harry, a resident of Indiana, has an accident with Jane, a resident of Illinios, while driving through Kentucky. Jane files a suit against Harry in Kentucky. Regarding Harry, Kentucky has Diversity jurisdiction The case of Argyle Clothing Corporation v. Brummel is heard in a Connecticut court with original jurisdiction. The case of Chuck-a-Block v. Dunderhead, INC. is heard in a Connecticut court with appellate jurisdiction. The difference between original and appellate jurisdiction is whether A case is being heard for the first time Ilsa files a suit against Jack. The document that sets out the ground for the court?s jurisdiction, the basis of Ilsa?s case, and the relief that Ilsa seek The summons Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract. The least expensive method to resolve the dispute between Java and Kaffe may be mediation because the dispute will be resolved by a non-expert. Jim files a suit against Kary. Before going to trial, the parties meet, with their attorneys to represent them, to present their dispute to a third party who is not a judge but who renders a legally binding decision. This is litigation. Chapter Three Peak & Vale Accountants provides other firms with accounting services. Questions of what is ethical involve the extent to which Peak & Vale has an ethical duty beyond those duties mandated by law Any decision by the management of Fast-Food Franchise Corporation may significantly affect its operators, owners, suppliers, the community, or society as a whole Kennedy Capital Corporation provides other firms with funds to expand operations. If Kenney strictly complies with existing laws, the firm will fulfill some business ethics obligations Eden, the chief executive officer of Flo-Thru Piping Corporation, wants to ensure that Flo-Thru?s activities are legal and ethical. The best course for Eden and Flo-Thru is to act in good faith Tilly, the chief financial officer for USA Products Corporation, attempts to apply Christian precepts in making ethical decisions and in doing business. In applying duty-based ethical standards that are derived from a religious source, Tilly would consider the motive behind an act to be irrelevant Chapter Four Federico, the president of Gems Retail Corporation, claims that certain actions by the federal government and the state of New Mexico infringe on rights guaranteed by the Bill of Rights. Most of these rights limit New Mexico and the federal government. Machismo Motor Sales Corporation regularly advertises its off-the-road and all-terrain vehicles and other products. Under the First Amendment, these ads and other commercial speech are given less protection than noncommercial speech The checks and balances system refers to: Each branch possesses power that can curb exercise of power by the other branches Brad stands in front of Rustler?s Round-Up Café, shouting ?fighting words? that are likely to incite Rustler?s patrons to respond violently. The First Amendment protects such speech none of the time. The states? police power involves: Regulation necessary to promote public order, health, safety, morals, and general welfare Chapter Five Tall Ladder Company is subject to regulations issued by the Occupational Safety and Health Administration (OSHA). Like other federal administrative agencies, the OSHA was created by Congress, through enabling legislation Plastix Produx Company is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, Plastix Produx wants a court to review it. First, however, the firm must use all of the potential administrative remedies. This is the exhaustion doctrine. The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through corporate Web sites. The first step is to publish a notice of the proposed rulemaking The U.S. Citizenship and Immigration Service issues a rule. Like the rules of other federal administrative agencies, this rule is compiled in the code of federal regulations After notice-and-comment rulemaking, the U.S. Bureau of Land Management (BLM) issues a new rule and applies it to Longhorn Cattle Company. Longhorn appeals the application to a federal court. The court will most likely defer to the BLM?s interpretation of facts and law
Want to see the other 4 page(s) in Quiz Questions 1-5.docx?JOIN TODAY FOR FREE!