Test #1 Review

Terms 1

100

One against whom a lawsuit is brought, or the accused person in a criminal proceeding.

What is defendant

200

Ethics in a business context; a consensus of what constitutes right or wrong behavior in the world of business and the application of moral principles to situations that arise in a business setting.

What is business ethics

300

The body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature.

What is common law

400

Court jurisdiction over the “person” involved in a legal action; personal jurisdiction.

What is in personam jurisdiction

500

Court jurisdiction over a defendant’s property.

What is in rem jurisdiction

Terms 2

100

A statement by a court expressing the reasons for its decision in a case.

What is opinion

200

In regard to dispute settlement, a process in which parties attempt to settle their dispute without going to court, with or without attorneys to represent them.

What is negotiation

300

Method of settling disputes outside of court by using the services of a neutral third party.

What is mediation

400

An approach to ethical reasoning in which ethically correct behavior is related to an evaluation of the consequences of a given action on those who will be affected by it. In reasoning, a “good” decision is one that results in the greatest good for the greatest number of people affected by the decision.

What is utilitarianism

500

A common law doctrine under which judges are obligated to follow the precedents established in prior decisions.

What is stare decisis

Hypos 1

100

An Iowa state court can exercise jurisdiction over Benedict Co., an out-of-state company, if the firm has a. minimum contacts with the state. b. maximum contacts with the state. c. median contacts with the state. d. no contacts with the state.

What is a. minimum contacts with the state.

200

Juan files a suit against June. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A neutral third party suggests or proposes a resolution, which the parties may or may not adopt. This is a. arbitration. b. mediation. c. negotiation. d. not a legitimate form of dispute resolution.

What is b. mediation.

300

Scooters Inc., a firm in New York, advertises on the Web. A court in Illinois would be most likely to exercise jurisdiction over Scooters Inc. if the firm a. did substantial business with Illinois residents over the Internet. b. did not want to interact with Illinois residents through its Web site. c. only engaged in passive advertising on the Web. d. suddenly removed its ad from the Internet.

What is a. did substantial business with Illinois residents over the Internet.

400

Dimensions of jurisdiction include all of the following EXCEPT a. natural jurisdiction b. original jurisdiction c. in rem jurisdiction d. appellate jurisdiction

What is a. natural jurisdiction

500

Ernesto believes that a higher, or universal, law exists that applies to all human beings. Ernesto asserts that each written law should reflect the principles inherent in this higher law. Ernesto a. is a legal positivist. b. adheres to the historical school of legal thought. c. is a legal realist. d. adheres to the natural law tradition.

What is d. adheres to the natural law tradition.

Hypos 2

100

A provision in a Minnesota state statute conflicts with a provision in the U.S. Constitution. If challenged a. neither provision will be enforced. b. the provisions will be balanced to reach a compromise. c. the state provision, not the U.S. Constitution, will be enforced. d. the U.S. Constitution, not the state provision, will be enforced.

What is d. the U.S. Constitution, not the state provision, will be enforced.

200

Fred enters into a contract with Jim's Farm to provide water for Jims irrigation needs. Fred fails to deliver. Jim initiates a suit against Fred, asking the court to order Fred to perform. Jim is a. the plaintiff. b. the defendant. c. the binding authority. d. the persuasive authority.

What is a. the plaintiff.

300

Lad loses his suit against Maria in a South Dakota state trial court. Lad appeals to a state intermediate court of appeals and loses again. Lad would appeal next to a. the American Arbitration Association. b. the South Dakota Supreme Court. c. the United States Premier Court. d. the U.S. Court of Appeals for the Eighth Circuit.

What is b. the South Dakota Supreme Court.

400

Sue and James, who are citizens of Maine, are involved in a case related to the adoption of their child. Over this case, Maine state courts have a. concurrent jurisdiction with federal courts. b. concurrent jurisdiction with other state courts. c. exclusive jurisdiction. d. no jurisdiction.

What is c. exclusive jurisdiction.

500

Baker Medical, makes and sells goods that are substandard. Neeko, who has never bought or used a Baker Medical item, files a suit against the company, alleging that its products are defective. The company’s best ground for dismissal of the suit is that Neeko does not have a. certiorari. b. jurisdiction. c. standing. d. sufficient maximum contacts.

What is c. standing.

Concepts

100

What does IRAC stand for?

What is issue, rule, analysis/application, conclusion

200

The law is the moral __________.

minimum

300

What does ADR stand for?

Name 3 types of ADR.

Alternative Dispute Resolution

Negotiation

Mediation

Arbitration

400

Name at least 2 sources of primary law.

constitutions, statutes, regulations, and case law

500

What are the 3 components of the triple bottom line?

Its profits, its impact on people, and its impact on the planet.