The Legal Environment Today Business In Its Ethical Regulatory E-Commerce and Global Setting 7th Edition by Roger LeRoy Miller – Test Bank

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ISBN-13: 978-1111530617 ISBN-10: 1111530610

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The Legal Environment Today Business In Its Ethical Regulatory E-Commerce and Global Setting 7th Edition by Roger LeRoy Miller – Test Bank

Unit 1: The Foundations
Ch 1: Business and Its Legal Environment
Ch 2: Ethics and Business Decision Making
Ch 3: Courts and Alternative Dispute Resolution
Ch 4: Constitutional Authority to Regulate Business
Ch 5: Torts and Cyber Torts
Ch 6: Criminal Law and Cyber Crime
Ch 7: International Law in a Global Economy
Unit 2: The Commerical Environment
Ch 8: Intellectual Property and Internet Law
Ch 9: Formation of Traditional and E-Contracts
Ch 10: Contract Performance, Breach, and Remedies
Ch 11: Sales, Leases, and Product Liability
Ch 12: Creditor-Debtor Relations and Bankruptcy
Ch 13: Mortgages and Foreclosures after the Recession
Unit 3: Business and Employment
Ch 14: Small Business Organizations
Ch 15: Corporations
Ch 16: Agency
Ch 17: Employment, Immigration, and Labor Law
Ch 18: Employment Discrimination
Unit 4: The Regulatory Environment
Ch 19: Powers and Functions of Administrative Agencies
Ch 20: Consumer Protection
Ch 21: Protecting the Environment
Ch 22: Real Property and Land-Use Control
Ch 23: Antitrust Law and Promoting Competition
Ch 24: Investor Protection and Corporate Governance

 

Chapter 3 Courts and Alternative Dispute Resolution

N.B.:  TYPE indicates that a question is new, modified, or unchanged, as follows.

N A question new to this edition of the Test Bank.

+ A question modified from the previous edition of the Test Bank,

= A question included in the previous edition of the Test Bank.

true/false questions

1. The function of the courts is to interpret and apply the law.

ANSWER:TPAGE:53TYPE:=

NAT: AACSB AnalyticAICPA Legal

2. The courts can decide whether the other branches of government have acted within the scope of their constitutional authority.

ANSWER:TPAGE:54 TYPE:N

NAT: AACSB AnalyticAICPA Legal

3. A state court can exercise jurisdiction over any person within the boundaries of the state.

ANSWER:TPAGE:54TYPE:=

NAT: AACSB AnalyticAICPA Legal

4. A state court can exercise jurisdiction over any property within the boundaries of the state regardless of the property owner’s location.

ANSWER:TPAGE:54TYPE:+

NAT: AACSB AnalyticAICPA Legal

5. A long arm statute permits a court to exercise jurisdiction over an out-of-state defendant.

ANSWER:TPAGE:55TYPE:=

NAT: AACSB AnalyticAICPA Legal

6. Minimum contacts with a jurisdiction are never enough to support jurisdiction over a nonresident defendant.

ANSWER:FPAGE:55TYPE:+

NAT: AACSB AnalyticAICPA Legal

7. A business firm may have to comply with the laws of any jurisdiction in which it actively targets customers.

ANSWER:TPAGE:56TYPE:N

NAT: AACSB ReflectiveAICPA Critical Thinking

8. A lawsuit involving a federal question can originate in a federal court.

ANSWER:TPAGE:58TYPE:=

NAT: AACSB AnalyticAICPA Legal

9. For purposes of diversity of citizenship, a corporation is a citizen only of the state in which it is incorporated.

ANSWER:FPAGE:58TYPE:=

NAT: AACSB AnalyticAICPA Legal

10. Concurrent jurisdiction exists when both federal and state courts have the power to hear a particular case.

ANSWER:tPAGE:58TYPE:N

NAT: AACSB AnalyticAICPA Legal

11. A court cannot exercise jurisdiction over an out-of-state defendant who has only done business in the state over the Internet.

ANSWER:FPAGE:59TYPE:=

NAT: AACSB AnalyticAICPA Legal

12. Venue is the term for the subject matter of a case.

ANSWER:FPAGE:61TYPE:N

NAT: AACSB AnalyticAICPA Legal

13. To have standing to sue, a party must have been harmed or have been threatened with harm by the action about which he or she complains.

ANSWER:TPAGE:62TYPE:=

NAT: AACSB AnalyticAICPA Legal

14. A justiciable controversy is a case in which the court’s decision—the “justice” that will be served—will be controversial.

ANSWER:FPAGE:62TYPE:=

NAT: AACSB AnalyticAICPA Legal

15. The jurisdiction of a state court of appeal is substantially limited to hear­ing appeals.

ANSWER:TPAGE:64TYPE:=

NAT: AACSB AnalyticAICPA Legal

16. A federal case typically originates in a federal district court.

ANSWER:TPAGE:64TYPE:=

NAT: AACSB AnalyticAICPA Critical Thinking

17. The United States Supreme Court can review a decision by a state’s high­est court only if a question of federal law is involved.

ANSWER:TPAGE:66TYPE:=

NAT: AACSB AnalyticAICPA Legal

18. An answer can admit to the allegations made in a complaint.

ANSWER:TPAGE:68TYPE:=

NAT: AACSB AnalyticAICPA Legal

19. A counterclaim is raised by a plaintiff against a defendant’s response to a complaint.

ANSWER:FPAGE:68TYPE:N

NAT: AACSB AnalyticAICPA Legal

20. A summary judgment is granted only if there is no genuine question of law.

ANSWER:FPAGE:69TYPE:=

NAT: AACSB AnalyticAICPA Critical Thinking

21. Service of process is the process of obtaining information from an opposing party before trial.

ANSWER:FPAGE:69TYPE:N

NAT: AACSB ReflectiveAICPA Critical Thinking

22. Interrogatories are written questions for which written answers are prepared and signed under oath.

ANSWER:TPAGE:70TYPE:N

NAT: AACSB AnalyticAICPA Legal

23. In most states, if neither party requests a jury, there will be no jury trial.

ANSWER:TPAGE:71TYPE:=

NAT: AACSB AnalyticAICPA Legal

24. Voir dire is a process for presenting evidence in a case.

ANSWER:fPAGE:71 TYPE:=

NAT: AACSB AnalyticAICPA Legal

25. A judge instructs a jury as to the law that applies in a case.

ANSWER:TPAGE:72TYPE:N

NAT: AACSB AnalyticAICPA Legal

26. A motion for a judgment notwithstanding the verdict seeks to set aside a verdict and enter a new verdict in favor of the non-prevailing party.

ANSWER:TPAGE:74TYPE:N

NAT: AACSB AnalyticAICPA Legal

27. Any judgment is enforceable.

ANSWER:FPAGE:76TYPE:=

NAT: AACSB AnalyticAICPA Critical Thinking

28. In mediation, the mediator proposes a solution that includes what com­pro­mises are necessary to reach an agreement.

answer:TPAGE:78TYPE:N

NAT: AACSB ReflectiveAICPA Critical Thinking

29. Mediation is adversarial in nature.

answer:FPAGE:78TYPE:=

NAT: AACSB ReflectiveAICPA Critical Thinking

30. A court’s review of an arbitrator’s award may be restricted.

answer:TPAGE:78TYPE:=

NAT: AACSB AnalyticAICPA Legal

31. Negotiation is the most complex form of alternative dispute resolution.

answer:FPAGE:78TYPE:N

NAT: AACSB ReflectiveAICPA Critical Thinking

32. Mandatory arbitration clauses in employment contracts are not enforceable.

ANSWER:FPAGE:78TYPE:=

NAT: AACSB AnalyticAICPA Legal

33. Negotiation traditionally involves just the parties to a dispute without their attorneys.

ANSWER:FPAGE:78TYPE:N

NAT: AACSB AnalyticAICPA Legal

34. Most online dispute resolution services apply general, universal legal principles to resolve disputes.

ANSWER:TPAGE:81TYPE:N

NAT: AACSB TechnologyAICPA Leveraging Technology

35. Unless otherwise agreed, the result of an online dispute resolution proceeding may not be appealed to a court.

ANSWER:FPAGE:81TYPE:=

NAT: AACSB AnalyticAICPA Legal

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