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Business Ethics 2016 - QUIZ & ANSWERS (4) - Alternative, Judicial, and E-Dispute Resolution

Business Ethics 2016

BUSINESS ETHICS 2016

Case study guides and test bank and answer keys (2016)

The Legal Environment of Business and Online Commerce, 8e (Cheeseman)

 

 

The Legal Environment of Business and Online Commerce, 8e (Cheeseman)

Chapter 4   Alternative, Judicial, and E-Dispute Resolution

 

1) In a litigation process, the party who files a complaint is called the ________.

  1. A) bailiff
  2. B) plaintiff
  3. C) prosecutor
  4. D) defendant

Answer:  B

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

2) Once a complaint has been filed with the court, the court will issue a(n) ________, directing the defendant to appear in court.

  1. A) answer
  2. B) rejoinder
  3. C) summons
  4. D) judicial restraint

Answer:  C

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

 

3) In which of the following cases is a default judgment entered?

  1. A) A defendant admits all the allegations in the complaint.
  2. B) There is insufficient evidence to resolve the dispute.
  3. C) The court believes that the lawsuit can be settled before/without trial.
  4. D) A defendant does not file a written response to a plaintiff's complaint.

Answer:  D

Diff: 2

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

 

4) A defendant who believes that he or she has been injured by the plaintiff can file a(n)________ against the plaintiff.

  1. A) injunction
  2. B) cross-complaint
  3. C) rejoinder
  4. D) rebuttal

Answer:  B

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

5) A(n) ________ is a document filed by the original plaintiff to answer the defendant's cross-complaint.

  1. A) rejoinder
  2. B) answer
  3. C) reply
  4. D) plea

Answer:  C

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

6) The act of other interested parties joining as parties to an existing lawsuit is termed as ________.

  1. A) intervention
  2. B) consolidation
  3. C) class action
  4. D) arbitration

Answer:  A

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

 

7) Which of the following can be filed by the defendant in a lawsuit?

  1. A) complaint
  2. B) answer
  3. C) reply
  4. D) injunction

Answer:  B

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

8) In which of the following cases does a class action occur?

  1. A) There are no factual disputes to be decided by the jury.
  2. B) The defendant has multiple grounds for appeal.
  3. C) A group of plaintiffs collectively brings a lawsuit against a defendant.
  4. D) The plaintiff does not reply to the defender's cross-complaint.

Answer:  C

Diff: 2

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

9) Which of the following statements is true about the pretrial litigation process?

  1. A) To initiate a lawsuit, the plaintiff must file an appeal in the proper court.
  2. B) If the plaintiff does not answer a complaint, a default judgment is entered against him or her.
  3. C) A plaintiff files a cross-complaint against the defendant to seek damages.
  4. D) A default judgment establishes the defendant's liability.

Answer:  D

Diff: 2

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

10) The statute of limitations establishes the period within which a ________.

  1. A) plaintiff must bring a lawsuit against a defendant
  2. B) defendant must file a written answer against a plaintiff's complaint
  3. C) defendant can file a cross-complaint against the plaintiff
  4. D) motion for judgment on the pleadings can be made by either party

Answer:  A

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

11) The state of Idaho has a two-year statute of limitations for personal injury actions. Graham was injured by Alice in a car accident on January 1, 2013. If Graham wants to bring a lawsuit against Alice on January 15, 2015, which of the following is most likely to be the outcome?

  1. A) Graham is allowed to sue Alice after appealing for an extension of the statute of limitations.
  2. B) Graham is not allowed to sue Alice, having lost his right to sue her.
  3. C) Graham can sue Alice but will not receive damages.
  4. D) Graham can sue Alice but is not entitled to a jury trial.

Answer:  B

Diff: 1

Skill:  Factual Application

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Application of knowledge

Classification:  Application

 

12) The term ________ refers to the oral testimony given by a party or witness prior to trial.

  1. A) class action
  2. B) deposition
  3. C) interrogatory
  4. D) intervention

Answer:  B

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

13) Which of the following statements is true of a deposition?

  1. A) A deposition has to be a written statement.
  2. B) A witness's deposition is voluntary and not required pursuant to a court order.
  3. C) A deposition is given post-trial.
  4. D) A deponent is allowed to correct his or her answers before signing the deposition.

Answer:  D

Diff: 2

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

 

14) ________ are written questions submitted by one party to a lawsuit to another party.

  1. A) Depositions
  2. B) Rejoinders
  3. C) Interrogatories
  4. D) Summons

Answer:  C

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

15) Which of the following motions asserts that based on supporting evidence outside the pleadings, there are no factual disputes to be decided by the jury, and the judge can apply the proper law to the undisputed facts and decide the case without a jury?

  1. A) motion for summary judgment
  2. B) motion for judgment on the pleadings
  3. C) motion for a directed verdict
  4. D) motion for judgment notwithstanding the verdict

Answer:  A

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

16) A ________ alleges that if all the facts presented in the paperwork filed with the court to initiate or respond to the lawsuit are true, the party making the motion would win the lawsuit when the proper law is applied to these facts.

  1. A) motion for judgment on the pleadings
  2. B) motion for summary judgment
  3. C) motion for judgment notwithstanding the verdict
  4. D) motion to set aside judgment

Answer:  A

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

 

17) What is the purpose of a pretrial hearing?

  1. A) requesting the other party to produce all documents relevant to the case
  2. B) assessing the factual accuracy of the deposition of witnesses
  3. C) instructing the judge to decide the case without a jury
  4. D) facilitating the settlement of a case before it goes to trial

Answer:  D

Diff: 2

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

18) The paperwork that is filed with the court to initiate and respond to a lawsuit is referred to as the pleadings.

Answer:  TRUE

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

19) A class action is a court order directing the defendant to appear in court and answer the complaint.

Answer:  FALSE

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

20) An answer is the defendant's written response to a plaintiff's complaint that is filed with the court and served on the plaintiff.

Answer:  TRUE

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

21) If the defendant does not answer the complaint, a default judgment is entered against him or her.

Answer:  TRUE

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

22) Once a default judgment is established, the plaintiff only has to prove damages.

Answer:  TRUE

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

23) A plaintiff who believes that he or she has been injured by the defendant can file a cross-complaint against the defendant.

Answer:  FALSE

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

24) A reply is a document filed by the original plaintiff in response to the defendant's cross-complaint.

Answer:  TRUE

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

25) A defendant can answer a complaint and file a cross-complaint at the same time.

Answer:  TRUE

Diff: 2

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

26) The act of people interested in the lawsuit joining as parties to an existing lawsuit is called arbitration.

Answer:  FALSE

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

 

27) When a group of plaintiffs with common claims collectively bring a lawsuit against a defendant, it is known as consolidation.

Answer:  FALSE

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

28) A class action lawsuit is certified only if there is commonality among the plaintiffs' claims.

Answer:  TRUE

Diff: 2

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

29) In a case of personal injury due to an accident, the statute of limitations begins to "run" at the time the accident occurs.

Answer:  TRUE

Diff: 2

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

30) Upon request, a plaintiff typically receives at least one judicial extension of the applicable statute of limitations period.

Answer:  FALSE

Diff: 2

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

31) A deposition is oral testimony given by a party or witness during the trial.

Answer:  FALSE

Diff: 2

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

 

32) Interventions are written questions submitted by one party to a lawsuit to the other party.

Answer:  FALSE

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

33) A pretrial motion is made to try and dispose of all or part of a lawsuit prior to trial.

Answer:  TRUE

Diff: 2

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

34) Motions for summary judgment are supported by evidence outside of the pleadings.

Answer:  TRUE

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

35) In deciding the motion for judgment on the pleadings, the judge also considers facts outside the pleadings.

Answer:  FALSE

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

36) A pretrial hearing is also known as a settlement conference.

Answer:  TRUE

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

 

37) The process of bringing, maintaining, and defending a lawsuit is called ________.

Answer:  litigation

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

38) The ________ is the party who files a complaint.

Answer:  plaintiff

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

39) A defendant who believes that he or she has been injured by the plaintiff can file a(n) ________ against the plaintiff.

Answer:  cross-complaint

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

40) The act of others joining as parties to an existing lawsuit is called ________.

Answer:  intervention

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

41)  The act of a court combining two or more separate lawsuits into one lawsuit is called ________.

Answer:  consolidation

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

 

42) A lawsuit where a group of plaintiffs with common claims collectively brings a lawsuit against a defendant is known as a(n) ________.

Answer:  class action

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

43) A(n) ________ establishes the period during which a plaintiff must bring a lawsuit against a defendant.

Answer:  statute of limitations

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

44) A(n) ________ is oral testimony given by a party or witness prior to trial.

Answer:  deposition

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

45) The deposition of a(n) ________ can be given voluntarily or pursuant to a court order.

Answer:  witness/party/deponent

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

46) A(n) ________ alleges that if all the facts presented in the pleadings are taken as true, the party making the motion would win the lawsuit when the proper law is applied to these asserted facts.

Answer:  motion for judgment on the pleadings

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

 

47) A(n) ________ asserts that based on supporting evidence outside the pleadings, there are no factual disputes to be decided by the jury, and the judge should apply the relevant law to the undisputed facts and decide the case.

Answer:  motion for summary judgment

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

48) A(n) ________ is a hearing before a trial in order to facilitate the settlement of a case.

Answer:  settlement conference/pretrial hearing

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

49) Only the ________ can appeal in a criminal case.

Answer:  defendant

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

50) Briefly explain the steps involved in the pretrial litigation process.

Answer:  To initiate a lawsuit, the plaintiff must file a complaint in the proper court. The complaint names the parties to the lawsuit, alleges the ultimate facts and law violated, and contains a "prayer for relief" for a remedy to be awarded by the court. Following this, the defendant must file an answer to the complaint and can also file a cross-complaint against the plaintiff to claim damages. The plaintiff replies to the defendant's cross-complaint. If other persons have an interest in a lawsuit, they may intervene and become parties to the lawsuit. A statute of limitations establishes the period during which a plaintiff must bring a lawsuit against a defendant. If a lawsuit is not filed within this time period, the plaintiff loses his or her right to sue.

Diff: 2

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

 

51) Why are pretrial hearings necessary, especially if both parties have pursued the lawsuit with full knowledge?

Answer:  One of the major purposes of pretrial hearings is to facilitate the settlement of a case. This saves on legal expenses incurred by both parties. It also helps to save the time of the court, which can be used to pursue other (and more crucial) cases. If no settlement is reached, the pretrial hearing is used to identify the major trial issues and other relevant factors.

Diff: 1

Skill:  Legal Concepts

LO:  4.1 Describe the pretrial litigation process.

AACSB:  Analytical thinking

Classification:  Concept

 

52) Which of the following statements is true of a court trial?

  1. A) All civil cases are tried with a jury.
  2. B) The judge is the trier of fact in a jury trial.
  3. C) A jury is not required in a trial unless both parties request one.
  4. D) Prospective jurors are questioned by lawyers for each party.

Answer:  D

Diff: 2

Skill:  Legal Concepts

LO:  4.2 Describe how a case proceeds through trial.

AACSB:  Analytical thinking

Classification:  Concept

 

53) ________ is the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions.

  1. A) Consolidation
  2. B) Trial of fact
  3. C) Voir dire
  4. D) Intervention

Answer:  C

Diff: 1

Skill:  Legal Concepts

LO:  4.2 Describe how a case proceeds through trial.

AACSB:  Analytical thinking

Classification:  Concept

 

 

54) What is direct examination?

  1. A) inspection and verification of all documents related to a trial by the judge
  2. B) inspection and verification of all documents related to a trial by the jurors
  3. C) witnesses being questioned by the plaintiff's attorney
  4. D) prospective jurors being questioned by the judge or lawyers of each party

Answer:  C

Diff: 1

Skill:  Legal Concepts

LO:  4.2 Describe how a case proceeds through trial.

AACSB:  Analytical thinking

Classification:  Concept

55) What is cross-examination?

  1. A) inspection of evidence by the trier of facts
  2. B) prospective jurors being questioned by the judge or lawyers of each party
  3. C) witnesses being questioned by the judge
  4. D) witnesses being questioned by the defendant's attorney

Answer:  D

Diff: 1

Skill:  Legal Concepts

LO:  4.2 Describe how a case proceeds through trial.

AACSB:  Analytical thinking

Classification:  Concept

 

56) Which of the following statements best describes re-direct examination?

  1. A) The plaintiff's attorney questions the witness who was questioned by the defendant's attorney
  2. B) The plaintiff's attorney questions the witness before he or she is questioned by the defendant's attorney.
  3. C) The defendant's attorney questions the witness who was questioned by the plaintiff's attorney.
  4. D) The defendant's attorney questions the witness before he or she is questioned by the plaintiff's attorney.

Answer:  A

Diff: 1

Skill:  Legal Concepts

LO:  4.2 Describe how a case proceeds through trial.

AACSB:  Analytical thinking

Classification:  Concept

 

 

57) Which of the following statements is true of the plaintiff's case?

  1. A) The plaintiff's attorney examines the witnesses during cross-examination.
  2. B) The defendant's attorney examines the witnesses during re-direct examination.
  3. C) The defendant's attorney can ask questions only about the subjects that were brought up during the direct examination.
  4. D) Documents and other evidence have to be introduced before the first witness is subject to direct examination.

Answer:  C

Diff: 2

Skill:  Legal Concepts

LO:  4.2 Describe how a case proceeds through trial.

AACSB:  Analytical thinking

Classification:  Concept

 

58) After the defendant's attorney has finished calling witnesses, the plaintiff's attorney can call witnesses and put forth evidence to disprove the defendant's case. This is called a ________.

  1. A) rebuttal
  2. B) rejoinder
  3. C) closing argument
  4. D) deliberation

Answer:  A

Diff: 1

Skill:  Legal Concepts

LO:  4.2 Describe how a case proceeds through trial.

AACSB:  Analytical thinking

Classification:  Concept

 

59) What is jury deliberation?

  1. A) jurors re-questioning a particular witness from one of the parties
  2. B) jurors considering the evidence and attempting to reach a decision
  3. C) jury and the judge disagreeing on the outcome of the case
  4. D) jurors being replaced in case of illness or disqualification

Answer:  B

Diff: 1

Skill:  Legal Concepts

LO:  4.2 Describe how a case proceeds through trial.

AACSB:  Analytical thinking

Classification:  Concept

 

 

60) Which of the following terms refers to the overturn of verdict when jury misconduct is detected?

  1. A) remittitur
  2. B) judgment notwithstanding the verdict
  3. C) motion for summary judgment
  4. D) motion for judgment on the pleadings

Answer:  B

Diff: 1

Skill:  Legal Concepts

LO:  4.2 Describe how a case proceeds through trial.

AACSB:  Analytical thinking

Classification:  Concept

 

61) In the civil case Jane Doe v. John Deer, the judge learns that the jury was swayed by the fact that Jane Doe was a woman. The jury entered its verdict in her favor. Owing to this, the judge reduces the damages awarded to Jane by $20,000. This act is called ________.

  1. A) remittitur
  2. B) judgment notwithstanding the verdict
  3. C) motion for summary judgment
  4. D) motion for judgment on the pleadings

Answer:  A

Diff: 2

Skill:  Factual Application

LO:  4.2 Describe how a case proceeds through trial.

AACSB:  Analytical thinking

Classification:  Concept

62) Voir dire is the process whereby the jurors ask prospective judges questions to determine whether they would be biased in their decisions.

Answer:  FALSE

Diff: 2

Skill:  Legal Concepts

LO:  4.2 Describe how a case proceeds through trial.

AACSB:  Analytical thinking

Classification:  Concept

 

63) A trial is conducted with a jury only when the defendant requests a jury trial.

Answer:  FALSE

Diff: 2

Skill:  Legal Concepts

LO:  4.2 Describe how a case proceeds through trial.

AACSB:  Analytical thinking

Classification:  Concept

 

 

64) After a witness is sworn in, he or she is immediately cross-examined by the plaintiff's attorney.

Answer:  FALSE

Diff: 1

Skill:  Legal Concepts

LO:  4.2 Describe how a case proceeds through trial.

AACSB:  Analytical thinking

Classification:  Concept

 

65) In a rejoinder, the defendant's attorney can call additional witnesses and introduce other evidence to counter the plaintiff's rebuttal.

Answer:  TRUE

Diff: 1

Skill:  Legal Concepts

LO:  4.2 Describe how a case proceeds through trial.

AACSB:  Analytical thinking

Classification:  Concept

 

66) The process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions is called ________.

Answer:  voir dire

Diff: 1

Skill:  Legal Concepts

LO:  4.2 Describe how a case proceeds through trial.

AACSB:  Analytical thinking

Classification:  Concept

 

67) Differentiate between trials with and without jury.

Answer:  Pursuant to the Seventh Amendment to the U.S. Constitution, a party to a civil action at law is guaranteed the right to a jury trial in a case in federal court. If either party requests a jury, the trial will be by jury. If both parties waive their right to a jury, the trial will occur without a jury. The judge sits as the trier of fact in nonjury trials. Lawyers for each party and the judge can ask prospective jurors questions to determine whether they would be biased in their decisions. Biased jurors can be prevented from sitting on a particular case.

Diff: 1

Skill:  Legal Concepts

LO:  4.2 Describe how a case proceeds through trial.

AACSB:  Analytical thinking

Classification:  Concept

 

 

68) The appealing party in an appeal is called a(n) ________.

  1. A) appellate
  2. B) appellee
  3. C) respondent
  4. D) petitioner

Answer:  D

Diff: 1

Skill:  Legal Concepts

LO:  4.3 Describe how a trial court decision is appealed.

AACSB:  Analytical thinking

Classification:  Concept

 

69) Which of the following statements is true about appellate courts?

  1. A) Appellate courts cannot reverse a finding of fact made by the jury.
  2. B) Appellate courts cannot reverse a finding of fact made by the judge.
  3. C) Appellate courts permit brief oral arguments between attorneys.
  4. D) Appellate courts cannot reverse decisions of lower courts.

Answer:  C

Diff: 2

Skill:  Legal Concepts

LO:  4.3 Describe how a trial court decision is appealed.

AACSB:  Analytical thinking

Classification:  Concept

 

70) Only the defendant can appeal in a criminal case.

Answer:  TRUE

Diff: 1

Skill:  Legal Concepts

LO:  4.3 Describe how a trial court decision is appealed.

AACSB:  Analytical thinking

Classification:  Concept

71) What can a party to a lawsuit do if he or she is displeased with the trial court's judgment?

Answer:  In a civil case, either party can appeal the trial court's decision once a final judgment is entered. Only the defendant can appeal in a criminal case. The appeal is made to the appropriate appellate court. A notice of appeal must be filed by a party within a prescribed time after judgment is entered. An appellate court will reverse a lower court decision if it finds an error of law in the record.

Diff: 2

Skill:  Legal Concepts

LO:  4.3 Describe how a trial court decision is appealed.

AACSB:  Analytical thinking

Classification:  Concept

 

 

72) Which of the following is a form of alternative dispute resolution?

  1. A) pretrial hearing
  2. B) settlement conference
  3. C) appeal
  4. D) mediation

Answer:  D

Diff: 1

Skill:  Legal Concepts

LO:  4.4 Explain the use of arbitration and other methods of alternative dispute resolution.

AACSB:  Analytical thinking

Classification:  Concept

 

73) Rita Fuller and Robert Morgan are contending parties to a lawsuit involving the division of the inheritance from their grandmother. They wish to settle their case out of court. Rita and Robert engage in discussions and bargaining in the presence of their attorneys and finally conclude that Robert keeps 60 percent of the inheritance and Rita gets the remainder. In this scenario, the ________ method of alternative dispute resolution is used.

  1. A) negotiation
  2. B) arbitration
  3. C) mini-trial
  4. D) mediation

Answer:  A

Diff: 2

Skill:  Factual Application

LO:  4.4 Explain the use of arbitration and other methods of alternative dispute resolution.

AACSB:  Analytical thinking

Classification:  Concept

 

74) Which of the following statements best represents the distinction between binding and nonbinding arbitration?

  1. A) Unlike nonbinding arbitration, binding arbitration takes place at a court, in the presence of a judge.
  2. B) If the arbitration is nonbinding, the decision and award of the arbitrator can be appealed to the courts.
  3. C) A nonbinding arbitration takes place at a court, in the presence of the jury.
  4. D) A nonbinding arbitration implies that the arbitrator's decision must be reinforced by the courts.

Answer:  B

Diff: 2

Skill:  Legal Concepts

LO:  4.4 Explain the use of arbitration and other methods of alternative dispute resolution.

AACSB:  Analytical thinking

Classification:  Concept

 

 

75) Which of the following statements is true about the Federal Arbitration Act (FAA) of 1925?

  1. A) The FAA restricts parties from obtaining a court order to compel arbitration with an arbitration agreement.
  2. B) The FAA restricts federal courts from hearing issues of law that have been decided by an arbitrator.
  3. C) The FAA provides that arbitration agreements involving commerce are revocable contracts under ordinary circumstances.
  4. D) Breach of contract cases and tort claims are not candidates for arbitration as per the FAA.

Answer:  B

Diff: 1

Skill:  Legal Concepts

LO:  4.4 Explain the use of arbitration and other methods of alternative dispute resolution.

AACSB:  Analytical thinking

Classification:  Concept

 

76) In which of the following methods of alternative dispute resolution must parties to a case employ a neutral third party to settle their dispute?

  1. A) negotiation
  2. B) mini-trial
  3. C) e-court
  4. D) mediation

Answer:  D

Diff: 1

Skill:  Legal Concepts

LO:  4.4 Explain the use of arbitration and other methods of alternative dispute resolution.

AACSB:  Analytical thinking

Classification:  Concept

 

77) Negotiation is a procedure whereby the parties choose an impartial third party to hear and decide the dispute.

Answer:  FALSE

Diff: 1

Skill:  Legal Concepts

LO:  4.4 Explain the use of arbitration and other methods of alternative dispute resolution.

AACSB:  Analytical thinking

Classification:  Concept

78) ________ is a form of negotiation in which a neutral third party assists the disputing parties in reaching a settlement of their dispute.

Answer:  Mediation

Diff: 1

Skill:  Legal Concepts

LO:  4.4 Explain the use of arbitration and other methods of alternative dispute resolution.

AACSB:  Analytical thinking

Classification:  Concept

 

 

79) In a mediation, the neutral third party is called a(n) ________.

Answer:  mediator

Diff: 1

Skill:  Legal Concepts

LO:  4.4 Explain the use of arbitration and other methods of alternative dispute resolution.

AACSB:  Analytical thinking

Classification:  Concept

 

80) Which of the following is true of electronic mediation or e-mediation?

  1. A) The parties and the mediator communicate through e-mail.
  2. B) Private conversations between the mediator and the parties are not possible.
  3. C) A chat room is assigned for conversations between both parties and the mediator.
  4. D) Settlement cannot be reached without paying substantial lawyers' fees and court costs.

Answer:  C

Diff: 1

Skill:  Legal Concepts

LO:  4.5 Describe e-courts and e-dispute resolution.

AACSB:  Analytical thinking

Classification:  Concept

 

81) Electronic technologies have made it possible to settle disputes online. However, arbitration is not possible in electronic dispute resolution.

Answer:  FALSE

Diff: 1

Skill:  Legal Concepts

LO:  4.5 Describe e-courts and e-dispute resolution.

AACSB:  Analytical thinking

Classification:  Concept

 

 

------

Free Business Ethics Resources

1. See full list of videos: 

Link 1 - Youtube channel www.youtube.com/ecomftu2012

Link 2 - Youtube channel 

2. Free Business Ethics - 2016 Ebooks (free download)

Legal Environment of Business: Online Commerce, Ethics, and Global Issues, 8th Edition, 2016, Henry R. Cheeseman

REVEL for Ethics and the Conduct of Business -- Access Card, 8th Edition, 2016, John R Boatright, Jeffery D. Smith

Business Ethics: Concepts and Cases, 7th Edition, 2012, Manuel G. Velasquez, Santa Clara University

 

3. Link to power point slides (Free Download)

REVEL for Ethics and the Conduct of Business -- Access Card, 8th Edition, 2016, John R Boatright, Jeffery D. Smith

LINK DOWNLOAD FREE PPT - LINK

Legal Environment of Business: Online Commerce, Ethics, and Global Issues, 8th Edition, 2016, Henry R. Cheeseman

LINK DOWNLOAD FREE PPT - LINK

Business Ethics: Concepts and Cases, 7th Edition, 2012, Manuel G. Velasquez, Santa Clara University

4. Test Bank - Free download

Legal Environment of Business: Online Commerce, Ethics, and Global Issues, 8th Edition, 2016, Henry R. Cheeseman

Link - Test bank - free download 

REVEL for Ethics and the Conduct of Business -- Access Card, 8th Edition, 2016, John R Boatright, Jeffery D. Smith

Link - Test bank - free download

 

For Test Bankz, Quiz Answers and Case study Guides, email to: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Good Luck and Success, Enjoy Your Study !

 

----------

 

       

 

Business Ethics 2016, Lecture, Video, Case Study Guides and Quiz, Test Bank, Free Download
------
Revel for Ethics and the Conduct of Business, 8th Edition, 2016, John R Boatright, Jeffery D. Smith
Legal Environment of Business: Online Commerce, Ethics, and Global Issues, 8th Edition, 2016, Henry R. Cheeseman
Business Ethics: Concepts and Cases, 7th Edition, 2012, Manuel G. Velasquez, Santa Clara University

------
1. Ethics in the World of Business
2. Ethical Decision Making
3. Ethical Theories
4. Whistle-Blowing
5. Business Information and Conflict of Interest
6. Privacy
7. Discrimination and Affirmative Action
8. Employment Rights
9. Health and Safety
10. Marketing and Advertising
11. Ethics in Finance
12. Corporate Social Responsibility
13. Governance, Accountability, and Compliance
14. International Business Ethics
------
Part I: Legal and Ethical Environment

1. Legal Heritage and the Digital Age
2. Ethics and Social Responsibility of Business
3. Courts, Jurisdiction, and Administrative Law
4. Judicial, Alternative, and E-Dispute Resolution

Part II: Constitution and Public Law
5. Constitutional Law for Business and E-Commerce
6. Torts and Strict Liability
7. Criminal Law and Cyber Crimes
8. Intellectual Property and Cyber Piracy

Part III: Contracts, Commercial Law, and E-Commerce
9. Formation and Requirements of Contracts
10. Performance and Breach of Contracts
11. Digital Law and E-Commerce
12. UCC Sales Contracts, Leases, and Warranties
13. Credit, Secured Transactions, and Bankruptcy

Part IV: Business Organizations, Corporate Governance, and Investor Protection
14. Small Business, General Partnerships, and Limited Partnerships
15. Limited Liability Companies, Limited Liability Partnerships, and Special Forms of Business
16. Corporations and Corporate Governance
17. Investor Protection and E-Securities Transactions

Part V: Agency, Employment, and Labor Law
18. Agency Law
19. Equal Opportunity in Employment
20. Employment Law and Worker Protection
21. Labor Law and Immigration Law

Part VI: Government Regulation
22. Antitrust Law and Unfair Trade Practices
23. Consumer Protection
24. Environmental Protection
25. Real Property and Land Use Regulation

Part VII: Global Environment
26. International and World Trade Law

Part VIII: Accounting Profession
27. Accountants’ Duties and Liability
------
PART ONE Basic Principles

Chapter 1 Ethics and Business
Introduction
1.1 The Nature of Business Ethics
ON THE EDGE: Was National Semiconductor Morally Responsible?
1.2 Ethical Issues in Business
ON THE EDGE: A Traditional Business
1.3 Moral Responsibility and Blame
ON THE EDGE: WorldCom’s Whistleblower
ON THE EDGE: Gun Manufacturers and Responsibility
CASES FOR DISCUSSION
Slavery in the Chocolate Industry
Aaron Beam and the HealthSouth Fraud

Chapter 2 Ethical Principles in Business
Introduction
2.1 Utilitarianism: Weighing Social Costs and Benefits
2.2 Rights and Duties
ON THE EDGE: Should Companies Dump Their Wastes In Poor Countries?
ON THE EDGE: Working for Eli Lilly & Company
ON THE EDGE: Conflict Diamonds
ON THE EDGE: ExxonMobil, Amerada Hess, and Marathon Oil in Equatorial Guinea
CASES FOR DISCUSSION
Traidos Bank and Roche’s Drug Trials in China

PART TWO The Market and Business

Chapter 3 The Business System: Government, Markets, and International Trade
Introduction
3.1 Free Markets and Rights: John Locke
3.2 Free Markets and Utility: Adam Smith
3.3 Free Trade and Utility: David Ricardo
3.4 Marx and Justice: Criticizing Markets and Free Trade
ON THE EDGE: Commodification or How Free Should Free Markets Be?
ON THE EDGE: Marx’s Children
3.5 Conclusion: The Mixed Economy, the New Property, and the End of Marxism
ON THE EDGE: Napster’s Lost Revolution
ON THE EDGE: Brian’s Franchise
CASES FOR DISCUSSION
The GM Bailout Accolade versus Sega

Chapter 4 Ethics in the Marketplace
Introduction
4.1 Perfect Competition
4.2 Monopoly Competition
ON THE EDGE: Drug Company Monopolies and Profits
4.3 Oligopolistic Competition
4.4 Oligopolies and Public Policy
ON THE EDGE: Fixing the Computer Memory Market
ON THE EDGE: Oracle and Peoplesoft
CASES FOR DISCUSSION
Intel’s “Rebates” and Other Ways It “Helped” Customers
Archer Daniels Midland and the Friendly Competitors

PART THREE Business and Its External Exchanges: Ecology and Consumers

Chapter 5 Ethics and the Environment
Introduction
5.1 The Dimensions of Pollution and Resource Depletion
5.2 The Ethics of Pollution Control
5.3 The Ethics of Conserving Depletable Resources
ON THE EDGE: Ford’s Toxic Wastes
ON THE EDGE: The Auto Companies in China
ON THE EDGE: Exporting Poison
CASES FOR DISCUSSION
The Ok Tedi Copper Mine
Gas or Grouse?

Chapter 6 The Ethics of Consumer Production and Marketing
Introduction
6.1 Markets and Consumer Protection
6.2 The Contract View of Business Firm’s Duties to Consumers
6.3 The Due Care Theory
ON THE EDGE: The Tobacco Companies and Product Safety
6.4 The Social Costs View of the Manufacturer’s Duties
ON THE EDGE: Selling Personalized Genetics
6.5 Advertising Ethics
ON THE EDGE: Advertising Death to Kids?
ON THE EDGE: New Balance and the “Made in USA” Label
6.6 Consumer Privacy
CASES FOR DISCUSSION
Becton Dickinson and Needle Sticks
Reducing Debts at Credit Solutions of America

PART FOUR Business and Its Internal Constituencies

Chapter 7 The Ethics of Job Discrimination
Introduction
7.1 Job Discrimination: Its Nature
ON THE EDGE: Helping Patients at Plainfield Healthcare Center
7.2 Discrimination: Its Extent
7.3 DISCRIMINATION: UTILITY, RIGHTS, AND JUSTICE
7.4 Affirmative Action
ON THE EDGE: Driving for Old Dominion
ON THE EDGE: Peter Oiler and Winn-Dixie Stores
CASES FOR DISCUSSION
Should Kroger pay now for what a Ralphs’ Employee did in the Past
Wal-Mart’s Women

Chapter 8 Ethics and the Employee
Introduction
8.1 The Rational Organization
8.2 The Political Organization
8.3 The Caring Organization
ON THE EDGE: HP’s Secrets and Oracle’s New Hire
ON THE EDGE: Insider Trading or: What Are Friends For?
ON THE EDGE: Delivering Pizza
ON THE EDGE: Sergeant Quon’s Text Messages
ON THE EDGE: Employment at Will at Howmet Corporation?
CASES FOR DISCUSSION
Death at Massey Energy Company
Who Should Pay?
------
key words
Ethics,
Ethical Decision Making,
Ethical Theories,
Whistle-Blowing,
Conflict of Interest,
Privacy,
Discrimination, Affirmative Action,
Employment Rights,
Health and Safety,
Ethics in Finance,
Corporate Social Responsibility,
Governance, Accountability, Compliance,
International Business Ethics,

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