Big Corporation (BC) is an American business incorporated in the State of Delaware. Its
principal place of business is in New Jersey. Franklin lives in New York. For purposes of
diversity of citizenship, Big Corporation is a citizen of - ️️Both Delaware and New
Jersey
Assume that the Vermon...
BUL 3310 Exam 1 FSU Bailey
Big Corporation (BC) is an American business incorporated in the State of Delaware. Its
principal place of business is in New Jersey. Franklin lives in New York. For purposes of
diversity of citizenship, Big Corporation is a citizen of - ✔️✔️Both Delaware and New
Jersey
Assume that the Vermont legislature passed a bill prohibiting the sale within the state of
detergents containing certain chemicals harmful to the environment. Assume further
that the governor signed the bill into law. This law has the status of a(n) ______ . -
✔️✔️Statute
Gaggle, Inc., and Chirp Chirp, Inc., have their dispute resolved in arbitration. The
arbitrator makes an erroneous finding of fact. This is a ground for a court to review the
merits of the award.
True
False - ✔️✔️False
Res judicata is best defined as - ✔️✔️A controversy that has been litigated and forever
settled between the parties
Today, scholars argue the role of the corporation is to maximize the return on
investment of shareholders.
True
False - ✔️✔️False
Deductive reasoning requires one to ____. - ✔️✔️use major and minor premises to
draw logical conclusions
It is the function of a grand jury to determine the guilt or innocence of a defendant in a
capital case.
True
False - ✔️✔️False
Sue failed to file an answer or respond in any way to a complaint and summons. The
court will enter a motion to dismiss against her.
True
False - ✔️✔️False
,The first of the pleadings in a civil case is filed by the plaintiff and contains the
allegations he is making against the defendant. This document is called the_________.
- ✔️✔️Complaint
Most of the powers of the federal government enumerated in the Constitution are
powers shared with the states.
True
False - ✔️✔️False
The powers of the federal government are limited to those enumerated in the
Constitution
True
False - ✔️✔️True
Selling alcohol to a minor is an example of a strict liability crime.
True
False - ✔️✔️True
For misdemeanors, the government brings charges against the accused in a
(n)__________. - ✔️✔️Information
Tort law is a subset of private law that seeks to compensate the injured party for the
loss caused by the actions of another.
True
False - ✔️✔️True
Bob's Beer and Booze Barn classfies a clerk as a "managerial assistant" and assigns
menial supervisory duties to this employee, that do not meet the department of labor
(DOL) standards, to avoid paying overtime wages. Bob "knows" the clerk will not be
aware that these new supervisory duties do not meet the requirements of the DOL and
does not expect the department of labor will look into the classification if the clerk does
not contest their status with the DOL. This practice is: - ✔️✔️-Unethical and contrary to
the spirit of the employment laws
-Unethical and contrary to the letter of the employment laws
Fat Frank's Pies falsified federally mandated tests on his "all natural no calorie" "Fat
Pies" to introduce a new type of weight-loss pie. Which of the following is true with
respect to his actions: - ✔️✔️Fat Frank behaved unethically
Fat Frank can potentially face criminal liability for his actions.
Fat Frank can be sued in tort in civil court.
,Gaggle Inc. decides to wrongly infringe on Chirp Chirp's patent and establish a similar
"knock-off" product because Chirp Chirp is just a small start-up company and they lack
the money to litigate in court with Gaggle, Inc.
Gaggle, Inc. is: - ✔️✔️Unethically exploiting their power and size in the marketplace.
Bob's Beer Barn and Booze is in a price war with Lucy Liquor's. Bob has talked to his
attorney to find out if he can illegally bring a meritless lawsuit against Lucy that may
potentially shut her down. Which of the following best characterizes this scenario. -
✔️✔️This type of legal action cannot be ethically or legally justified.
All legal conduct is ethical?
True
False - ✔️✔️False
Ethical behavior often requires a higher standard than merely legal behavior.
True
False - ✔️✔️True
Ethical conduct never brings about new laws.
True
False - ✔️✔️False
Gaggle, Inc., and Chirp Chirp, Inc., have their dispute resolved in arbitration. The
arbitrator makes an erroneous finding of fact. This is a ground for a court to review the
sufficiency of the evidence.
True
False - ✔️✔️False
Gaggle, Inc., and Chirp Chirp, Inc., have their dispute resolved in arbitration. The
arbitrator makes an erroneous finding of fact. This is a ground for a court to set aside
the award.
True
False - ✔️✔️False
Federal law prevails if federal and state statutes conflict.
True
, False - ✔️✔️True
Police powers are part of the enumerated powers granted to the federal government.
True
False - ✔️✔️False
Powers not specifically delegated to the federal government or to the states are
reserved to the federal government.
True
False - ✔️✔️False
State statutes control whenever they conflict with federal statutes.
True
False - ✔️✔️False
Dicta is another term for "controlling precedent."
True
False - ✔️✔️False
Legal reasoning limits one's ability to see more than one side of a question.
True
False - ✔️✔️False
Profit-maximization theory holds ____. - ✔️✔️Rational self-interest can lead to
economic prosperity
Failure to obey the order of a court of equity can result in imprisonment.
True
False - ✔️✔️True
What is the minimum amount of damages a plaintiff must allege to get into Federal
District Court based on a federal question?
20
75000
100000
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