MGT102-HK. Legal Environment of Business
Exam 1 (UMT)

Status
:Completed

Score
:99 out of 100 points

Question
1 1 out of 1 points

One of the major advantages of dispute resolution through the common
law is:

Question
2 1 out of 1 points

In federal court, which of the following kind of case is most
numerous:

Question
3 1 out of 1 points

Ginger attacks Richard and cuts him with a knife. He sues Ginger.
The jury awards Richard $50,000 for medical expenses and lost time at work and
adds $100,000 to the award because Ginger was so vicious. The $50,000 is
called:

Question
4 1 out of 1 points

InHughes v. Wal-Mart
Stores,where a girl in Louisiana was injured in an
accident involving a product bought at a Wal-Mart store, Wal-Mart being
headquartered in Arkansas, and suit was filed in federal court in Arkansas, the
appeals court held that under the conflict-of-laws rules, the proper result
would be for the:

Question
5 1 out of 1 points

After completion of the discovery process the case is ready:

Question
6 1 out of 1 points

The U.S. Constitution provides that the judicial power (the court
system) is:

Question
7 1 out of 1 points

After a judgment is entered in favor of plaintiff, what may the
plaintiff seek if the defendant refuses to pay?

Question
8 1 out of 1 points

If the parties to a case agree as to the facts of the dispute,
before trial, either party may ask the judge to apply the law to those facts
and resolve the dispute. This is a request for:

Review
Assessment: Exam 1 h_p://coursesite.umtweb.edu/webapps/assessment/review/review.j…

1
of 10 29/3/2015 12:27 PM

Question
9 1 out of 1 points

The government seized a large amount of cash (as the
“instrumentality” of the crime) being carried out of the country by a
couple who failed to report that they were leaving the country with more than

$10,000. The Supreme Court held that the seizure of the cash was:

Question
10 1 out of 1 points

The first ten amendments of the U.S. Constitution are called:

Question
11 1 out of 1 points

Which of the following is not a reasonable ground for overturning an
arbitration award?

Question
12 1 out of 1 points

To help stimulate jobs in its wine industry, New York does not tax
New York wines but taxes other wines

$1 per bottle. This tax is:

Question
13 1 out of 1 points

A summary jury trial:

Question
14 1 out of 1 points

The administrative agency equivalent to a court trial is:

Question
15 1 out of 1 points

When parties agree to resolve a dispute by arbitration they rely on
an arbitrator. An arbitrator is often:

Question
16 1 out of 1 points

Litigation in federal court often involves parties from different
states. In addition, at least how much in dollar terms must be in controversy
for a case to be heard in a federal court?

Question
17 1 out of 1 points

The constitutional right to jury trial in criminal cases is
addressed by the:

Question
18 1 out of 1 points

In an orderly society, law and the legal system serve to:

Question
19 1 out of 1 points

When filing a lawsuit, the party bringing the suit must select a
court that has both:

Question
20 1 out of 1 points

Loraine wants to sue the Federal Aviation Administration because she
thinks the local airport is too noisy and is operated carelessly. She has
exhausted all administrative channels and now wishes to bring suit. Loraine
should file her suit:

Question
21 1 out of 1 points

Statutory law is:

Question
22 1 out of 1 points

The legal issues in a business dispute are typically:

Question
23 1 out of 1 points

The primary purpose of the Administrative Procedures Act is:

Question
24 0 out of 1 points

In the following situation, which court system has jurisdiction? The
plaintiff lives in State A; the defendant lives in State B; the dispute
involves a matter of state law; and the dispute is for $35,000:

Question
25 1 out of 1 points

Many aspects of the litigation process between two private parties
in the federal court system, including pleadings, discovery, trial procedures,
and motions, are governed by:

Question
26 1 out of 1 points

A defendant must file a responsive pleading to a complaint filed by
a plaintiff. The defendant may file which of the following:

Question
27 1 out of 1 points

Taken together, the Necessary and Proper Clause and the Commerce
Clause, provides justification for:

Question
28 1 out of 1 points

If a defendant answering a complaint admits to the plaintiff’s
allegations but asserts additional facts that constitute a defense to the
complaint, the defendant has asserted:

Question
29 1 out of 1 points

Common law and statutory law that define and establish legal rights
and regulate behavior is:

Question
30 1 out of 1 points

In the area of medical malpractice, arbitration is:

Question
31 1 out of 1 points

After reviewing an appeal, members of an appellate court may issue
which of the following types of opinions?

Question
32 1 out of 1 points

If Congress imposes a regulation on business, the states:

Question
33 1 out of 1 points

Administrative rules are classified as substantive (legislative),
interpretative, and:

Question
34 1 out of 1 points

According to the Federal Rules of Civil Procedure, a party seeking
information must use a discovery tool that:

Question
35 1 out of 1 points

The Fourth Amendment of the Constitution:

Question
36 1 out of 1 points

Freedom of speech in the U.S., compared to European nations such as
Germany and France, is generally:

Question
37 1 out of 1 points

Morals refer to:

Question
38 1 out of 1 points

Congress created the first regulatory agency in 1887. It is:

Question
39 1 out of 1 points

In litigation, when a business loses a case, compared to if an
individual lost the same case, the damages awarded the plaintiff would be
likely to be:

Question
40 1 out of 1 points

Which area of law is most likely to impact the finance and accounting
departments of a company?

Question
41 1 out of 1 points

If one party to a lawsuit requests the production of documents that
would expose a trade secret, the party against whom the request is made may
procure the following to ensure the confidentiality of the secret:

Question
42 1 out of 1 points

Procedural, as opposed to substantive, law includes all of the
following except for:

Question
43 1 out of 1 points

The U.S. Constitution was ratified and became effective in:

Question
44 1 out of 1 points

If property that is located in a state becomes the subject matter of
a lawsuit, the power of a court in that state to resolve disputes concerning
the property is called:

Question
45 1 out of 1 points

Using decisions from earlier legal cases for guidance in legal
principles to solve current cases is referred to as:

Question
46 1 out of 1 points

Negotiation is always:

Question
47 1 out of 1 points

If the testimony of an expert witness is critical to a case being
made, but the judge rejects the expert testimony as not credible, then,
according to the Supreme Court:

Question
48 1 out of 1 points

A person who wishes to bring a complaint against another person or
business for violation of a statute administered by a federal agency must
first:

Question
49 1 out of 1 points

The least formal method of alternative dispute resolution is:

Question
50 1 out of 1 points

Which of the following is not a procedural requirement for judicial
review of an agency decision:

Question
51 1 out of 1 points

Administrative agencies engage in rulemaking to:

Question
52 1 out of 1 points

Procedural rules issued by administrative agencies are:

Question
53 1 out of 1 points

The five procedural requirements for judicial review of a challenge
to an agency decision are:

Question
54 1 out of 1 points

The goal of mediation is to:

Question
55 1 out of 1 points

The discovery state in the trial process is intended for the:

Question
56 1 out of 1 points

If someone is sued in a civil suit, such as in tort for hitting
someone on the head with a stick, to find the wrongdoer liable, the jury must
find that the injured party was favored by:

Question
57 1 out of 1 points

Every state court system has trial courts where disputes are
initially brought and tried. These are the courts of:

Question
58 1 out of 1 points

The original or oldest source of law in this country is:

Question
59 1 out of 1 points

During a formal rulemaking process, an agency may:

Question
60 1 out of 1 points

The most widely recognized form of alternative dispute resolution
process is:

Question
61 1 out of 1 points

The complaint filed by plaintiff contains:

Question
62 1 out of 1 points

Congress may check agency powers through which means:

Question
63 1 out of 1 points

Procedural law specifies:

Question
64 1 out of 1 points

When a disgruntled party to an arbitration appeals the arbitrator’s
decision to the courts, to have a chance of success, the appeal best be based
on:

Question
65 1 out of 1 points

A complaint filed by a plaintiff need not contain:

Question
66 1 out of 1 points

The commerce clause of the Constitution gives Congress the power to
regulate trade:

Question
67 1 out of 1 points

An opinion written by a judge on a court of appeals who agrees with
the decision of the majority, but for a different reason, is called a:

Question
68 1 out of 1 points

In a hearing at an administrative agency, to determine if the law
has been violated:

Question
69 1 out of 1 points

An important source of law affecting the legal environment of
business are regulations, opinions, and orders flowing from:

Question
70 1 out of 1 points

The doctrine ofstare
decisiscan be defined as:

Question
71 1 out of 1 points

Some court systems require arbitration before a trial in certain
classes of disputes. The quasijudicial hearing usually resolves the matter
without a trial. This is called:

Question
72 1 out of 1 points

InOregon v. Lillard,a mother sued an out-of-state university in
California court after her son died during a basketball game. In this case the
appeals court held:

Question
73 1 out of 1 points

The Fifth Amendment protects individuals against:

Question
74 1 out of 1 points

Which of the following should a corporation consider when faced with
a possible lawsuit?

Question
75 1 out of 1 points

All of the following are grounds for overturning an arbitration
decision, according to the Federal

Arbitration Act, except:

Question
76 1 out of 1 points

A major notable expansion in administrative agencies came during
which period:

Question
77 1 out of 1 points

“No state shall…deprive any person of life, liberty, or
property, without due process of law…” is a part of the:

Question
78 1 out of 1 points

The party claiming to have suffered an injury that the law can
remedy is:

Question
79 1 out of 1 points

A principal function served by the appellate courts is to:

Question
80 1 out of 1 points

One of the most important state laws affecting business is:

Question
81 1 out of 1 points

When an agency makes a legislative (substantive) rule it must
publish it for public inspection in the:

Question
82 1 out of 1 points

The first pleading is commonly called:

Question
83 1 out of 1 points

InQuill Corp. v. North
Dakota,a state sales tax was imposed on out-of-state
firms doing mail-order business with North Dakota residents. This law was
found:

Question
84 1 out of 1 points

Congress has authorized the EPA to regulate air quality by reducing
emissions from gasoline engines.

After public notice, the EPA imposes upon car producers a regulation
for engine emissions. A year later the EPA decides that gasoline engines must
be banned to really cut air pollution, and immediately issues such a
regulation. The new regulation is probably:

Question
85 1 out of 1 points

Administrative laws with the same force of law as statutes enacted by
Congress are:

Question
86 1 out of 1 points

The traditional primary use of the Fifth Amendment’s just
compensation (takings) clause is to require:

Question
87 1 out of 1 points

Jane wants to sue Bob in a Virginia state court. Bob is a resident
of Texas. Which of the following method may Jane use to get jurisdiction over
the person of Bob?

Question
88 1 out of 1 points

States have the power to impose:

Question
89 1 out of 1 points

An administrative agency is:

Question
90 1 out of 1 points

Powers not granted to the federal government are retained by states
or are left to the people according to:

Question
91 1 out of 1 points

Which of the following statements is true?

Question
92 1 out of 1 points

As a general rule, judges who are scheduled to have a case tried
before them:

Question
93 1 out of 1 points

By the use of laws and the legal system, the government can:

Question
94 1 out of 1 points

In preparing answers for written interrogatories, a defendant may
not talk to an attorney.

Question
95 1 out of 1 points

After DeepBlue presents its case as plaintiff, Paul’s Store,
defendant, moves for a directed verdict. The judge denies the motion. The next
step in the trial is that the attorney:

Question
96 1 out of 1 points

U.S. district courts:

Question
97 1 out of 1 points

When monetary damages are awarded for a violation of the law that
involves no actual damages to a person or property, the damages are called:

Question
98 1 out of 1 points

State courts such as municipal courts or probate courts are called
courts of:

Question
99 1 out of 1 points

About how many federal agencies share the responsibility for
regulating various aspects of business activity?

Question
100 1 out of 1 points

Cases involving disputes between citizens of different states are
commonly referred to as: