MBA 504 Final Exam 146 Questions with Verified Answers
Much of American Law is based on - CORRECT ANSWER The English legal system
Aqua Solutions, LLC enters into a contract with Southside Farms, LLC to provide
water for Southside Farm's irrigation needs. Aqua Solutions, LLC fails to deliver.
Southside Farms, LLC initiates a suit against Aqua Solutions, LLC, asking the court
to order Aqua Solutions, LLC to perform. In this case, Southside Farms, LLC is the -
CORRECT ANSWER The plaintiff
All civil cases must be tried by a jury - CORRECT ANSWER True
Sustainable Crops Corporation regularly expresses opinions on political issues,
including whether to ban the use of genetically modified organisms (GMOs).
Under the First Amendment, corporate political speech is - CORRECT ANSWER
Protected
The standard of proof in a civil case is: - CORRECT ANSWER Preponderance of the
evidence
Which of the following accurately describes the order in which litigation proceeds
- CORRECT ANSWER Complaint is filed. Answer is filed. Discovery. Jury Selection.
Trial
In a criminal case, where is venue appropriate - CORRECT ANSWER Where the
crime occured
Kappa Corporation is filing a breach of contract lawsuit (based solely on state law)
against Omega Corporation. Kappa Corporation is incorporated under the laws of
New York and its headquarters is located in New York. Omega Corporation is
incorporated under the laws of Texas and its headquarters is located in Texas. The
amount at issue is $70,000. This case should be brought in ______ court. -
CORRECT ANSWER State Court
,To have standing to sue, a party must meet these three requirements: - CORRECT
ANSWER Injury, Causation, Redressability
An answer can admit to the allegations made in a complaint - CORRECT ANSWER
True
Medvedev Inc wants to file suit against Barty Inc, For a court to hear the case, -
CORRECT ANSWER The court must have jurisdiction
Bilas LLC and Vitale LLC engage in a business transaction that leads to a dispute.
Bilas LLC initiates a lawsuit against Vitale LLC by filing a complaint and serving
Vitale LLC with a summons and a copy of the complaint. If Vitale LLC chooses to
ignore it, - CORRECT ANSWER Bilas LLC will have judgment entered in its favor
Under the commerce clause, _ has/have the power to regulate interstate
commerce - CORRECT ANSWER The federal government
Mediocrité, Inc., makes and sells goods that are substandard. Nancy, who has
never bought or used a Mediocrité item, files a suit against the firm, alleging that
its products are defective. The company's best ground for dismissal of the suit is
that Nancy does not have - CORRECT ANSWER Standing
Administrative law is a source of Amercian law that is comprised of statutes. -
CORRECT ANSWER False
XYZ, Inc. and ABC, LLC disagree over the amount due under their contract. To
avoid involving any third party in the resolution of their dispute, XYZ, Inc. and
ABC, LLC might prefer to use the alternative dispute resolution method of
_______. - CORRECT ANSWER Negotiation
Generally, appellate courts do not examine witnesses - CORRECT ANSWER True
Under the doctrine of stare decisis, judges are obligated to follow previous court
decisions from that jurisdiction that involve similar factual/legal issues as the case
being heard. Those previous court decisions with similar factual/legal issues are
called ______. - CORRECT ANSWER Precedent
, Which of the following is an example of an appellate court? - CORRECT ANSWER
North Carolina Supreme Court
The Town of Wrightsville Beach passed a detailed noise ordinance, Of which
source of law is this an example? - CORRECT ANSWER Statutory Law
A defamatory statement must be communicated to a third party to be actionable
- CORRECT ANSWER True
Driving his motorcycle negligently, Joe crashes into a streetlight. The streetlight
falls onto Kim, who is standing nearby, resulting in her death. But for Joe's
negligence, Kim would not have died. Regarding the death, the crash is - CORRECT
ANSWER The cause in fact
Level Grade Engineering, Inc. sometimes uses explosives to prepare land for
construction projects. Strict liability is imposed on this activity because - CORRECT
ANSWER The activity is abnormally dangerous
Which of the following is NOT an intentional tort - CORRECT ANSWER Negligence
The Honda Astra is a subcompact car. Because of its size, the fuel tank is located
behind the rear axle (instead of the industry practice of locating the fuel tank
above the rear axle in subcompact cars). Also, the Astra's rear bumper (simply a
piece of chrome) offers minimal protection in a rear-end crash. Honda knows this
information, but produces the Astra anyways. Mariam is driving a Honda Astra
when she is rear-ended, resulting in major injuries. In a subsequent lawsuit,
Mariam should pursue which of the following theories? Select the best answer. -
CORRECT ANSWER Design defect
Under the doctrine of strict liability, if there is no fault, there is no liability -
CORRECT ANSWER False
Kim, an attorney, is behind on her billable hours for the month. She considers
"rounding up" her billable hours for each client to meet her target. However, Kim
decides not to do this on the basis of duty-based ethics. Which of the answer
choices would be an example of Kim making a decision on the basis of duty-based
ethics? - CORRECT ANSWER Kim's religious beliefs prohibit lying
