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41 terms

LSTD Exam 1

STUDY
PLAY
True
The stability and predictability created by the law is essential to business activities.
True
A state law that conflicts with the US consitution will be deemed unconsititutional.
False
In most states, a court cant grant a legal remedy and an equitable remedy and an equitable remedy in the same case.
True
Generally, a state court can exercise jusridiction over anyone with inthe boundaries of the state.
False
Doing substantial business in a jursidiction execlusivley over the internet is never enough to support jurisdiction over a nonresident defendant.
True
Most lawsuits are settled or dismissed before they go to trial
True
Most states enforce arbitration clauses
False
Arbitration clauses are seldom found in contracts governing in the international sale of goods.
False
Corporate decisions affect only those who own operate, or work for the company.
True
An effective way to set a tone of ethical behavior is to create an ethical code of conduct.
Interpret and apply the laws
Alan is a judge. The function of Alan and other judges is to
No one
Hawaii enacts a state law that violates the US consitution the US legal system. This system is based on the legal system
Decisions of the courts in legal disputes
As a judge, Jay applies common law rules. These rules develop from
The appellant
Net Corporation files a suit against Omega Inc. alleging that Omega breached a contract to sell Net a computer system for $100,000 Net is
Create legal rights and obligations
The term substantive law refers to laws that
The Judicial system
The Ohio State Legislature passes a law to regulate local delivery services. The final authority regarding the consitutionality of this law is
A federal district court to exercise original jursidiction
Stan, a citizen of Texas, wants to final a suit against Uma, a citizen of Virginia. Their diversity of citizenship maybe a basis for
Standing
Inferior Company sells products that are poorly made. Jack, who has never bought an Inferior product, files a suit against Inferior, alleging that its products are defective. The firms best ground for dismissal of the suit is that Jack doesnt have
True
The natural law philosophers believes that formal law is inferior to universal moral and ethical principles that are part of human nature
False
Statutory law does not include a county ordinances.
True
The court acts as a check on the other branches of governments
True
Any lawsuit involving a federal question can originate in a federal court
False
Voir dire is a process for selecting jurors/presenting evidence in a case
True
The goal of mediation is to work out a resolution that benefits both sides
False
An arbitrators mistake in a finding of fact is normally the basis for setting aside an award.
False
Ethics is not concerned with the philosophical, rational basis for morality
False
The unethical conduct of corporate management is unlikely to affect the behavior of lower level employees
False
An action may be ethical but illegal
A provision in the Nebraska Supreme Court
In Nebraska, the superior (highest ranking) law is
England
The federal governmnet and the state governments consitute the US legal system. This system is based on the legal system of
To recover a right to redress a wrong
In a suit against Adam, a state supreme court held that a minor could cancel a contract for the sale of a car. Now a trial court in the same state is deciding Charles v. Delta, a case with similar facts.
Allow the minor to cancel the contract
In Abel v. Baker, a state supreme court held that a minor could cancel a contract for the sale of a car. Now a trial court in the same state is deciding Charles v. Delta, a case with similar facts. Under the doctrine of stare decisis, the trial is likely to
In rem jursidiction
Leo, a reisdent of Missouri, owns a warehouse in Nebraska, a dispute arises over the ownership of the warehouse with Opal, a resident of Kansas. Opal files a suit against Leo in Nebraska regarding this suit, Nebraska has
Wrongs committed against the public as a whole
Beth is victim of Carl's violation of a criminal law. Criminal law is concerned with
Conducted substantial business with North Carolina residents at its website
Lariat Rope Company, a firm baesd in Montana advertises on the web. A court in North Carolina would be most likely to exercise jurisdiction over Lariat if the firm
Dismissed or settled at this point
Opal files a complaint in a suit against Phil, and he files an answer. The case may now be
Judgement N.O.V
In Kays suit againt Local Industries Inc. the jury returns a verdict in Kays favor. Local Industries files a motion stating that even if the evidence is viewed in the light most favorable to Kay, a reasonable jury should not have found in her favor. This is a motion for
A motion for judgement N.O.V
Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict.

Refer to fact Pattern 1-2-2. If Kelly decides to appeal to a state appellate court, Kelly's attorney must file, with the clerk of the appellate court with in a prescribed period of time
Negotiation
Betty files a suit against Curt. Before going to trial, the parties meet with their attorneys to represent them, to try to resolve their dispute with out the involvement of a third party. This is
mediation
Jack files a suit against Kay. Before going to trial, the parties meet with their attorneys to represent their dispute to a third party who is not a judge but renders a legally binding decision. This is
An award
Fact Pattern 1-3-1
Java Coffee Company and Kafe Impact Corporation dispute a term in their contract.

National sales corporation and Owen agree to resolve their dispute in arbitration. The arbitrators decision is