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UARK Law and Ethics OMGT 4313 Questions & answers
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UARK Law and Ethics OMGT 4313Which of the following best describes the role of an arbitrator? - ANS-decides the case
and issues an award(does not go to trial with judge, faster)
Which of the following is not a type of pre-trial litigation discovery? - ANS-Affidavit
During litigation, when may new evidence be offered? - ANS-During trial only
Which of the following are preliminary litigation issues? I. Does Plaintiff have standing?
II. Does the court have jurisdiction? III. What is the amount of the damages award? -
ANS-I and II
In instances of diversity subject-matter jurisdiction, both the federal and state courts
have power to hear the case. This is called ____________________ jurisdiction. -
ANS-concurrent
Which type of motion asks the judge to decide a case before trial because there is no
factual dispute and only matters of law to be decided? - ANS-Motion for Summary
Judgment
Every lawsuit begins in a _________________. - ANS-Trial Court
Who rules on questions of law? - ANS-Only a judge
Sara received a notice to report to her local courthouse for jury duty. When she arrived
at the courthouse, she sat in a courtroom with 50 other people who were also called for
jury duty. A judge was present and attorneys asked Sara and the other people
questions related to a trial that was going to begin later that day. What is the name of
this questioning process? - ANS-voir dire (jury selection)
The Whiteboard Video in Chapter 1-3b (Stare Decisis) summarizes stare decisis as
follows: - ANS-A higher court's decisions are binding on lower court's decisions in the
same jurisdiction.
Which of the following is true regarding the U.S. Supreme Court's opinion in Brown v.
Board of Education? - ANS-The court overruled a prior opinion. Thus, the Constitution
was unchanged, but the court's interpretation of the Constitution changed.
, If a district attorney (lawyer for government) brings a lawsuit against a person for
stealing cars, what is the classification of this lawsuit? - ANS-Criminal
Each state has its own set of laws. If the laws from states are very different this creates
problems for businesses working in multiple states. To help create uniformity and
consistency in laws among the states, a group of legal scholars and lawyers issues
model statutes for states to consider adopting. What is another name for these "model
statutes?" - ANS-uniform laws
The system of using past court decisions to guide how to decide a new case with similar
facts and legal issues is called ____________. - ANS-stare decisis
The "due process clause" protects which of the following interests: I. Liberty, II. Life, III.
Pursuit of Happiness, IV. Property. - ANS-I, II, and IV
Article 1 of the Constitution establishes the Congress. It also grants to Congress the
power "to regulate Commerce with foreign Nations, and among the several States, and
with the Indian Tribes." What is the common name for this clause? - ANS-Commerce
clause
Which of the following is characteristic of a federal form of government? - ANS-A
national government shares sovereign power with state government.
State "police powers" often include the powers to : - ANS-promote public order, health,
safety, and morals.
Which of the following is an example of a content-neutral law limiting free speech
rights? - ANS-Banning all public rallies between the hours of 10 p.m. and 7 a.m.
Has the U.S. Congress passed any laws to protect the privacy of individuals? -
ANS-Yes, e.g. the Health Insurance Portability and Accountability Act
The EPA establishes air and water quality standards. Who enforces those standards? -
ANS-the states
May a corporation's CEO serve prison time for conspiring to willfully violate safety
standards? - ANS-Yes, e.g. Massey Energy's CEO was sentenced to one year in prison
for violations of mine health and safety standards.
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