Test Bank For The Legal Environment of Business 11th Edition by Roger E. Meiners

Description

Test Bank For The Legal Environment of Business 11th Edition by Roger E. Meiners

Table of content

1. Today’s Business Environment: Law and Ethics.
2. The Court Systems.
3. Trials and Resolving Disputes.
4. The Constitution: Focus on Application to Business.
5. Criminal Law and Business.
6. Elements of Torts.
7. Business Torts and Product Liability.
8. Real and Personal Property.
9. Intellectual Property.
10. Contracts.
11. Domestic and International Sales.
12. Negotiable Instruments.
13. Business Organizations.
14. Agency and the Employment Relationship.
15. The Regulatory Process.
16. Employment and Labor Regulations.
17. Employment Discrimination.
18. Environmental Law.
19. Consumer Protection.
20. Antitrust Law.
21. Securities Regulation.
22. The International Legal Environment of Business. Appendices

 

Chapter 3 Trials and Resolving Disputes TEST BANK

1. An adversary system of justice does not:

a. reflect the belief that truth is discovered through the presentation of competing ideas

b. require opposing parties to argue their positions before a court

c. require an actual case or controversy

d. require a judge to apply the law to the facts established

e. all of the other choices are correct

ANSWER:  e (page 55)

National:  AACSB Analytic; AICPA BB-Legal

1. A judicial system that requires parties to represent themselves and argue their positions before a neutral court is referred to as:

a. an adversary system of justice

b. an aversive system of justice

c. an adversarial system of justice

d. a complex system of justice

e. none of the other choices are correct

ANSWER:  a (page 55)

National:  AACSB Analytic; Communication; AICPA BB-Legal

1. A judicial system that requires parties to represent themselves and argue their positions before a neutral court is referred to as:

a. an admonishing system of justice

b. an aversive system of justice

c. an adversarial system of justice

d. a complex system of justice

e. none of the other choices are correct

ANSWER:  e (page 55)

National:  AACSB Analytic; Communication; AICPA BB-Legal

1. An adversary system of justice is one in which:

a. parties must be represented by a lawyer before a neutral court

b. parties must represent themselves before a biased court

c. parties must represent themselves and argue their positions before a neutral court

d. parties may not represent themselves 

e. none of the other choices are correct

ANSWER:  c (page 55)

National:  AACSB Analytic; Communication; AICPA BB-Legal

1. An adversary system of justice is one in which:

a. parties must be represented by a lawyer before a neutral court

b. parties must represent themselves before a biased court

c. parties must submit their case to the highest court possible 

d. parties may not represent themselves 

e. none of the other choices are correct

ANSWER:  e (page 55)

National:  AACSB Analytic; Communication; AICPA BB-Legal

1. Which is the correct order of stages for a typical lawsuit:

a. discovery, pretrial, trial, pleadings, appeals

b. pleadings, pretrial, discovery, trial, appeals

c. pretrial, pleadings, discovery, trial, appeals

d. pleadings, discovery, pretrial, trial, appeals

e. discovery, pleadings, pretrial, trial, appeals

ANSWER:  d (page 55)

National:  AACSB Analytic; AICPA BB-Legal

1. Which is the correct order of stages for a typical lawsuit:

a. discovery, pleadings, pretrial, trial, appeals

b. pleadings, pretrial, discovery, trial, appeals

c. pretrial, pleadings, discovery, trial, appeals

d. discovery, pretrial, trial, pleadings, appeals

e. none of the other choices are correct

ANSWER:  e (page 55)

National:  AACSB Analytic; AICPA BB-Legal

1. To begin the litigation process, the plaintiff must first:

a. give notice to the defendant by service of process

b. determine in which court to bring the action

c. serve the defendant with the complaint

d. make a motion for a pleading

e. request a pre-trial hearing before a judge

ANSWER:  b (page 55)

National:  AACSB Analytic; AICPA BB-Legal

1. The first thing the plaintiff must do to begin the litigation process is:

a. give notice to the defendant by service of process

b. request a pre-trial hearing before a judge

c. serve the defendant with the complaint

d. make a motion for a pleading

e. none of the other choices are correct

ANSWER:  e (page 55)

National:  AACSB Analytic; AICPA BB-Legal

1. When a plaintiff files a suit against a defendant, plaintiff:

a. must publish a notice of the suit in the legal advertisement section of the local newspaper

b. must give notice to the defendant by service of process

c. must give notice to the defendant by posting notice of the suit with the clerk of the court

d. has no duty to notify defendant since we have a duty to know what legal actions may be pending against us

e. none of the other choices are correct

ANSWER:  b (page 55)

National:  AACSB Analytic; AICPA BB-Legal

1. When a plaintiff files a suit against a defendant, plaintiff:

a. must publish a notice of the suit in the legal advertisement section of the local newspaper

b. pays a fee to the bailiff to handle service of process to defendant

c. must give notice to the defendant by posting notice of the suit with the clerk of the court

d. has no duty to notify defendant since we have a duty to know what legal actions may be pending against us

e. none of the other choices are correct

ANSWER:  e (page 55)

National:  AACSB Analytic; AICPA BB-Legal

1. The first pleading is commonly called:

a. the complaint

b. the answer

c. the affirmative defense

d. the res judicata

e. none of the other choices

ANSWER:  a (page 55)

National:  AACSB Analytic; Communication; AICPA BB-Legal

1. The first pleading is commonly called:

a. the problem

b. the answer

c. the affirmative defense

d. the res judicata

e. none of the other choices

ANSWER:  e (page 55)

National:  AACSB Analytic; Communication; AICPA BB-Legal

1. The complaint filed by plaintiff contains:

a. a statement alleging the facts necessary for the court to take jurisdiction

b. a short statement of the facts necessary to show that plaintiff may be entitled to a remedy

c. a statement of the remedy the plaintiff is seeking

d. the names of the parties

e. all of the other choices are included

ANSWER:  e (page 55)

National:  AACSB Analytic; AICPA BB-Legal

1. A complaint filed by a plaintiff need not contain:

a. a statement alleging the facts necessary for the court to take jurisdiction

b. a statement of the facts necessary to show that plaintiff may be entitled to a remedy

c. a statement of the evidence in the plaintiff’s possession

d. a statement of the remedy the plaintiff is seeking

e. all of the other choices are necessary

ANSWER:  c (page 55)

National:  AACSB Analytic; AICPA BB-Legal

1. Along with a summons, the plaintiff serves the defendant with:

a. a copy of the complaint

b. a copy of the evidence against the defendant

c. a copy of the plaintiff’s citizenship

d. a copy of the plaintiff’s lawyer’s contract

e. none of the other choices are correct

ANSWER:  a (page 55)

National: AACSB Analytic; Communication; AICPA BB-Legal

1. The formal statements made to the court by the parties to a case that list their claims and defenses are called:

a. statements of defense

b. statements of reason

c. pleadings

d. services

e. jurisdictions

ANSWER:  c (page 55)

National:  AACSB Analytic; Communication; AICPA BB-Legal

1. The formal statements made to the court by the parties to a case that list their claims and defenses are called:

a. statements of defense

b. statements of reason

c. jurisdictions

d. services

e. none of the other choices are correct

ANSWER:  e (page 55)

National:  AACSB Analytic; Communication; AICPA BB-Legal

1. A complaint is a formal statement that:

a. informs the defendant that he is being sued

b. informs the plaintiff that he must appear in court

c. details the agreement between the plaintiff and his lawyer

d. sets forth the plaintiff’s claim against the defendant

e. sets forth the defendant’s claim against the plaintiff

ANSWER:  d (page 55)

National:  AACSB Analytic; Communication; AICPA BB-Legal

1. A complaint is a formal statement that:

a. informs the defendant that he is being sued

b. informs the plaintiff that he must appear in court

c. details the agreement between the plaintiff and his lawyer

d. sets forth the defendant’s claim against the plaintiff

e. none of the other choices are correct

ANSWER:  e (page 55)