1) The form of alternative dispute resolution wherein theparties hire someone to review the evidence and make a decisionthat is binding upon the parties is called
A. negotiation
B. settlement conference
C. conciliation
D. arbitration
2) The Federal Trade Commission is an example of
A. a federal agency created by the federal government
B. a corporation subsidized by the federal government
C. a branch of the U.S. Supreme Court
D. a temporary commission created by executive order that hasbecome permanent
3) A corporation is considered a citizen of what state?
A. The state where the majority of the employees live
B. It is not a citizen because it is a business
C. The state where it filed its Articles of Incorporation
D. The state where the president of the corporation lives
4) The Federal False Claims Act is also known as
A. the Sarbanes-Oxley Act
B. the Whistleblower Statute
C. the Statute of Frauds
D. the Statute of Limitations
5) Utilitarianism is a moral theory, which states
A. ethics requires a decision-maker to take actions which result inthe greatest good to society
B. ethics requires following the Golden Rule (do unto others as youwould have them do unto you)
C. ethics requires actions which use the most efficient tools
D. ethics requires acting according to the Bible or some outsidesource
6) Which of the following statements is true?
A. If something is legal, it is always ethical.
B. Practices that are legal in the United States are legaleverywhere in the world.
C. Practices that are ethical in the United States are consideredethical everywhere else in the world.
D. A course of action can be legal but not ethical.
7) If a defendant files a motion for summary judgment in a civilcase, what is the defendant saying?
A. That the plaintiff’s claims are false
B. That the court has no jurisdiction to decide the case
C. That the case is ready to go to the jury
D. That even if what the plaintiff says is true, there is no basisfor judgment against the defendant
8) A defendant fails to answer a civil lawsuit, what is likely tohappen?
A. A court will contact the defendant and ask him to answer thelawsuit.
B. The court will grant a default judgment against thedefendant.
C. The case will be appealed before the court makes a ruling.
D. The court will order that the defendant go to jail until he orshe agrees to answer.
9) The legal authority of a court to make orders that are bindingupon the parties is called
A. in rem jurisdiction
B. personal jurisdiction
C. quasi in rem jurisdiction
D. enumerated jurisdiction
10) Harry Hoosier, an Indiana resident, drives his family toFlorida for spring vacation. When he is at a red light, FreddieFloridian, a Florida resident, is unable to stop in time and hisvehicle impacts Harry’s car from the rear. No one is hurt andHarry’s vehicle suffers approximately $10,000 in damages. Which iscorrect?
A. Harry can sue Freddie in federal court in Florida but not inIndiana.
B. Harry can sue Freddie in state court in Florida or Indiana.
C. Harry can sue Freddie in state court but not federal court inFlorida but not in Indiana.
D. Harry can sue Freddie in state court but not federal court inFlorida or Indiana.
11) Monica owed Bob $500 for a business investment, which was morethan a year overdue. Bob got drunk at a party and told everyonethat Monica had owed him $500 for over a year. Can Monica recoverfrom Bob for defamation?
A. Yes, because Bob abused his conditional privilege.
B. No, because Bob was telling the truth.
C. Yes, because Bob communicated the statement to thirdpersons.
D. No, because Bob had been drinking.
12) What is the definition of a tort?
A. Any violation of an ethical duty
B. Any crime or misdemeanor
C. Any action done in violation of a prior agreement, which allowsthe victim to recover damages
D. Any civil wrong that allows the injured person to recoverdamages
Pete and Vicky make the following agreement: Pete promises he willgo into a store, buy something for $5, and pay for it with a $100bill on which he has written “Happy Birthday Vicky!” Vicky promisesthat after Pete collects his change and leaves the store, she willgo into the same store, buy something that costs $5, and pay with a$10 bill. When the clerk attempts to give her change for $10, Vickywill claim that the $100 bill that is in the cash register wasmoney she just received for her birthday, and will demand changefrom a $100 bill. Then Pete and Vicky will split the extra moneythey think Vicky will receive in change. Is this a validcontract?
A. This is a valid contract. There was a promise in exchange for apromise, and both parties got what they wanted.
B. This is a void contract, because the parties agreed to commitfraud.
C. This is a voidable contract because Vicky can change hermind.
D. This is not an enforceable contract because the agreement is notin writing.
ScholarMatic: Explanation & Answer
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