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Practice Midterm Exam for EMBA 8200 Legal & Ethical Environment of Business

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Prepare for success in your legal and ethical studies with the EMBA 8200: Legal and Ethical Environment of Business - Practice Midterm Exam and Answer Key. This essential resource is tailored for students aiming to excel in understanding complex business laws and ethical frameworks. Why This Res...

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  • December 26, 2024
  • 12
  • 2015/2016
  • Exam (elaborations)
  • Questions & answers
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EMBA 8200: The Legal and Ethical Environment of Business
Practice Exam

1. Indicate which type of law each concept addresses:
X = criminal law
O = civil law
B = both

_____ Tort _____ Stare decisis _____ Mens Rea

_____ Vicarious Liability _____ Preponderance of evidence

_____ Incarceration _____ Private _____ Public ______ Violation of a statute

_____ Double jeopardy _____ Jury verdict by simple majority

_____ District Attorney _____ A wrong against an individual


2. Responsibilities in an Agency Relationship

Indicate whether the responsibility belongs to P = principal or A = Agent or B = Both

_____ Loyalty _____ Agreement to serve

_____ Good faith _____ Compensation/Payment

_____ Exercise Care _____ Render an accurate accounting

_____ Notification of conflict _____ Indemnification

_____ Reimbursement of expenses _____ Obedience _____ Honesty

3. There are _____ Federal Districts. There are _____ State Supreme Courts. There
are _____ U.S. Supreme Courts.

4. Without a choice of forum clause, where would a lawsuit filed by Carlton
Enterprises, a Delaware domiciled company, against Bundler Industries, a
California engineering constancy, over breach of contract for $50,000 most likely
be tried?
a. Federal court
b. the State courts of California
c. the State courts of Delaware

5. As a result of the lawsuit in (4), Bundler Industries has gone bankrupt. They have
been ordered to appear in Bankruptcy Court on June 1, 1998. Where should
Mr. Bundler ask his driver to take him?
a. the State Courthouse
b. the Federal Courthouse
c. the Internal Revenue Service
d. the overseas terminal at LAX




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, 6. Number the following legal events in order: (this is a toughie!)



7. Verdict
Reply to answer
Plaintiff’s case
Opening statements
Motion for summary judgment
Motion for judgment notwithstanding the verdict
Jury selection
Instructions to Jury
Entry of judgment
Discovery
Deliberation
Defendant is served
Defendant’s case
Cross claim or counter claim
Complaint
Collect the judgment
Closing Arguments
Appeals
Answer
“Sufficient minimal contacts” and “regular, systematic and continuous” are
important phrases in defining _______________ statutes.

8. A ruling by the 6th District Court of Appeals is binding to which Federal Court
Districts? _______

9. Jurisdiction can best be simply defined as the ________ of a court to hear a case.

10. Can a Georgia State Court be compelled to adjudicate a case under Louisiana law?
Why?

11. The location for settlement of a dispute can be identified in a contract with a choice
of ______ clause.

12. An appellant is to appellee as
a. counsel is to attorney
b. winner is to loser
c. defendant is to plaintiff
d. plaintiff is to defendant

13. Fleming & Associates is considering a lawsuit against Robert Waste Disposal, Inc.
over waste processing at a landfill bordering on their corporate daycare center.
In the last 15 years, no one has been successful in obtaining an injunction
against a waste company in a similar situation, however Fleming’s attorney,
Wade Kruger, Esq., assures his client that HE can win this case. Under the
concept of stare decisis, should Fleming & Associates pursue the action?


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