43 terms

Business Law

If a provision in the Florida astate constitituino conflicts with a provision in the Us constitituion.....
The U.S constitution takes precedent
True or False: A procedural Law creates or defines legal rights and obligations
Sara is a state court judge. IN his court, as in most state courts, he may grant what?
Equitable and legal remedies
Jill is an appellate court judge. IN this capacity, Jill establishes a rule of law. Under the doctrine of Stare Decisis the principle must be adhered to by that court and??
Courts of lower rank..... obligated to follow precedents
State trial has before it Eagle Manufacturing Co. v Fine Products Corp. a case of first impression. the court cant?
Refuse to decide the Eagle case...... it is the first case
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 what?
Plantiff.... omega is defendant
The united States has a common law system. The common law began as?
A body of general rules applied in the courts throughout England.
Written ehtical codes of conduct, more than managements behavior, set the ethical tone of a firm.
According to utilitarianism, an action that affects a minority adversely is morraly wrong.
CPC Markets its products nationwide. When making a decision, CPC must take into account the needs of..
Consumers and employees, owners and shareholders, society and the community, all the above.
Biotech research labs as its employees to consider ethical behavior from the "categorical imperative" perspective. This approach
Forces a person to consider the consequences of his or her actions. If everyone behaved in a similar way.
Bob, a research manager for Agri-products Inc. applies utilitarian ethics to determine that an action is morally correct when it produces
The greatest good for the most people.
The courts are the final authority concerning the constitutionality of the law.
Beth is a victim of carl's violation of criminal law. Criminal Law is concerened with
wrongs committed against the public as a whole.
A long-arm statute is a state law that permits courts to obtain personal jurisdiciton over out of state defendants...
Five justices come to an agreement on a certain case..howeever the sixth judge has a diffrent opinion.. this is called...
a concurring opinion
A state law that conflicts with the US constitution will be deemed unconstitutional.
Most meetings of a federal agency must be open to public observation
harry a resident of Indiana has an accident with Jane, a resident of Kentucky. Jane files a suit agianst harry in kentucky. Regarding harry, Knetucky has....
In Personam Jurisdiction.. In Rem-property
Stan from texas wants to file suit agianst Uma, a citizen of virginia, Their diversity of citienzship may be a basis for?
A federal district court to exercise original jurisdiciton.
Sally and Tommy disagree over the amount of money due under their contract. To avoid involving any third party in a resolution of the dispute, Sally and Tom might prefer to use the alternative dispute reselution of?
Lora files a suit in michigan against ned over the ownership of a boat docked in a michigan harbor. Lora and Ned are residents of ohio. Ned could as for a change of venue on the ground that Ohio...
is a more convenient location to hold the trial
Brad files a suit agianst corporate industries inc. in a delawarer state court. A state court system typically includes
A state supreme court, intermediate appellate courts, and trial courts. all the above
Billy files a suit against kay. the parties meet with their attorneys to represent them, to present their dispute to a third party who is not a judge but renders a legally binding decision.
This is arbitration
jan and kyle sign a contract that provides that if a dispute arises they will submit to arbitration. A dispute arises, but before it goes to arbitration, Jan files a suit against kyle. The court will likely...
order the parties to arbitrate
The courts can hold acts of the legislative and executive branches unconstitutional.
The constitution grants certain powers to the national government
Under the constitution, the executive branch enforces the law
Congress may regulate any activity that substantially affects interstate commerce
State police powers relate solely to criminal law enforecement.
false..... morals general health etc
Congress may tax some states and exempt others.
Texas enacts a statute that imposes a prison term withouta trial to all street vendors who operate in a certain areas. A court would likely hold this to be
unconstitutional under the due process clause.
The first amendment requires a complete seperation of church and state
false--- freedom of speech
Procedural due process requires that any taking of a persons life, liberty or property by government must be made equitably or fairly
Under the constitution...
THe national government and the states share soverign power.
The mass state legislature enacts a law that directly conflicts with a federal law. The state law will be rendered invalid under
the supremacy clause
Congress enacts the revised income tax act which bears a resonable relationship to revenue production. RITA will be
Dian, a US Citizen, is the owner of eagle inc. the bill of rights embodies a series of protections for Dian against various types of interference by...
the government only
Indian enacts a statute that bans the distribution of anonymous political leaflets. A court would likely hold this to be??
a unconstitutional restriction of speech
Congress encacts the acto to restrict commercial speech. The ARCS will be considered valid if..
IF it directly advances a substantial government interest but goes no further than necessry
The primary difference between original and appellate jurisditcion is
Whether a case is being heard for the first time
Best stales corp. regularly advertises its products. Under the first amendment, these ads and other commercial speech are given
Less protection than political speech
eli wants to obtain a business license in georgia. Gergoe residents pay 0$... This most likely violates
The priveleges and immunities clause. cant treat other states citizens as aliens.