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Business Law Midterm Exam 2 | Questions with Correct Solutions

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Business Law Midterm Exam 2 | Questions with Correct Solutions

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  • October 9, 2024
  • 17
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • Business law
  • Business law
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Business Law Midterm Exam 2 | Questions with
Correct Solutions

What are the two primary roles of the judiciary in the U.S. system? - ✔✔Adjudicate cases
and perform judicial review



Which of the following circumstances involves a "remand"? - ✔✔A state appeals court judge,
reverses a trial court case and sends it back to the trial court with instructions that a different
rule should be followed.


What is the name for the petition to the U.S. Supreme Court to request that the court review a
case, and roughly what percentage of cases does the Supreme Court agree to hear each year? -
✔✔Writ of certiorari, 1 percent


Which of the following would not be a legitimate exercise of judicial power in the U.S. system? -
✔✔A federal trial court judge, establishes precedent through his or her court decision.



Which of the following is true of the U.S. court system? - ✔✔U.S. Supreme Court appellate
review is discretionary.



Diversity of citizenship jurisdiction involves a case - ✔✔in federal court with diverse parties
and a controversy over $75,000


Which of the following will not create minimum contacts in a state sufficient to find personal
jurisdiction on an out-of-state defendant? - ✔✔Modern Pharmaceuticals maintains a
website that provides customers information about its products, as well as email addresses and
phone numbers for regional sales representatives from whom customers can purchase
products

,The U.S. Constitution requires that all state court judges be appointed by the state's governor
and approved by the approval of the state's legislature. - ✔✔FALSE



Which of the following statements is true? - ✔✔Dispute resolution requires a cost-benefit
analysis


An Attorney wants to file a lawsuit. What will be the first stage of litigation for him? -
✔✔pleadings


Butler was shopping at Grocerymart and slipped and broke his tailbone because an employee
had dropped a gallon of milk in the aisle. This was on October 25, 2019. The state law that
requires Butler to file his lawsuit by October 25, 2022, is known as a/an ________________. -
✔✔statute of limitations



Formal action in a lawsuit begins when the plaintiff files a _______. - ✔✔summons and
complaint


Selina has been served with a summons and complaint. Which of the following options does
she have? - ✔✔File a motion to dismiss


Leticia was in a conference room being questioned by an attorney. The only other person in the
room was a person from the court making a written record. Which of the following is this? -
✔✔a deposition


In a case where Davey sues Rockridge Corporation for selling him defective software that
crashed his network, the standard used to decide the case will be _______, in a case where
Davey is prosecuted for being a minor in possession of alcohol, the standard used to decide the
case will be _______. - ✔✔preponderance of the evidence, beyond a reasonable doubt



Which of the following statements about alternative dispute resolution (ADR) is true? - ✔✔A
common formal ADR method is mediation.

, The three most common formal methods of ADR are - ✔✔Mediation, arbitration and expert
evaluation


Garp signed a contract with Tech Corp that had a binding arbitration clause. A dispute arose
between Garp and Tech Corp and the matter was heard by an arbitrator. The arbitrator
awarded Tech Corp $50,000. Under which of the following circumstances may a court judge set
aside the award of the arbitrator in the hearing? - ✔✔Both an arbitrator's refusal to hear
relevant evidence that prejudices a party's rights and bias against one's gender are grounds for
setting aside an arbitrator's award



The utilitarian approach is most accurately stated by the following saying - ✔✔"Our actions
should create as many positive results as possible while creating as little harm as possible."


Rocket Corporation's slogan was "Treat customers and the world with respect." This principle
informs Rocket's strategies and plans and guides employees. According to the text, this is an
example of - ✔✔Values management


While organizations may have standards and values they aspire to follow, a practical approach
and strategic legal solution identified by the textbook to make these standards and values
effective is to: - ✔✔Develop a code of ethics


Darryl believed that right and wrong were established by his religious beliefs and followed the
tenets of his religion in his dealings with others. This is known as a - ✔✔principles-based
approach



The relationship between ethics and law is that: - ✔✔an action can be both legal and ethical
an action can be ethical but not legal.
an action can be legal but not ethical.

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