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Exam 2: Business Ethics and Social Responsibility

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Question 21

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What are the trial courts in the federal court system called?

A) U.S. district courts
B) U.S. circuit courts
C) Federal circuit courts
D) Federal jurisdictional courts
E) Preemptory courts

F) A) and E)
G) All of the above

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Question 22

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Early neutral case evaluation provides a binding ruling by a neutral.

A) True
B) False

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Question 23

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Med-arb is a type of ADR method.

Which of the following are written questions that one party sends to another to answer under oath?

Reference - Puppy Woes. Sam promised to sell Linda a Welsh Corgi puppy for $300 but backed out of the deal. Linda sued Sam in state court for breach of contract. Linda asked for a jury in her complaint. During jury selection, one juror, Ann, said that they did not think they could be fair to Linda because Linda did not appear to be a dog lover. Linda asked that Ann not hear the case, and the judge excused Ann. Linda also decided that another juror, Sandy, looked at her in a grumpy manner so she asked the judge to excuse that juror from serving. The judge did so. After the jury was chosen, Linda made a statement to the jury as did Sam. Linda then called to the witness stand a friend of hers, Brenda, who heard the discussion held between Linda and Sam regarding the purchase of the puppy. Brenda testified under questioning by Linda that she heard Linda say that she would pay $300 for the puppy and that she also heard Sam say that he would sell the dog for that amount. Unfortunately for Linda, Brenda also testified in response to questioning by Sam that Sam distinctly told Linda that he would only sell the puppy to her if Linda came with cash for the puppy within seven days. Linda did not show up with the money for ten days and Sam had already sold the dog to someone else. The judge ruled in favor of Sam. The challenge to the juror who said that they could not be fair is referred to as a[n]

State courts have the power to hear all cases not within the exclusive jurisdiction of the federal court system.

Which of the following is true regarding state courts of appeal?

Alice, a resident of Michigan, claims that Pet Food Company Inc. put out some dog food that made her dog, Champ, sick. Champ is a prize winning poodle. He survived the pet food fiasco but only after traveling to a veterinarian in Florida specializing in poodles and having two very expensive surgeries. Additionally, his ability to sire has been impaired, and Alice will have no more breeding fees from Champ. Her damages are $80,000. Pet Food Company Inc., is incorporated in Delaware, with its principal place of business in Michigan. Alice asks you whether she can sue in federal court. What would you tell her and why?

A _____________ is a judgment in favor of the plaintiff that occurs when the defendant fails to answer the complaint and the plaintiff's complaint alleges facts that would support such a judgment.

Reference - Revenge. Jane, a first year law student, while walking to school in inclement weather, accidentally slipped on ice knocking down Greg, another first year law student, breaking his glasses. He was very angry with Jane and let the air out of one of her car tires. Greg also decided to sue Jane for negligence, claiming as damages $300 for his broken glasses. He decided that he already knew all about the law and did not need a lawyer. Greg sued Jane in state court. Jane, in the same lawsuit, brought an action against Greg for letting the air out of her tire. At trial in state court, Jane told the judge that a friend, Susie, told her that she saw Greg let the air out of Jane's tire. The judge disallowed Jane's testimony on that issue. Susie, however, who was in the courtroom also came and testified to that effect. The state court judge ruled in favor of Susie. Greg said that he was not giving up and that he would seek double damages on appeal in federal court. Jane and Greg live in different states when not attending school. After trial, Jane reported Greg's actions in letting the air out of her tire to the police who said that they would proceed with a criminal action against Greg. Greg goes to see Alex, a recent graduate who had just passed the bar, and asked Alex to represent him in a federal court appeal. What advice should Alex give to Greg regarding an appeal filed in federal court?

Cindy and Clowie have a dispute regarding ownership of a dog, Rascal. Cindy removed Rascal's tags in order to give him a bath. Knowing what was coming, Rascal made a run for it and ended up at Clowie's home down the street. When Cindy saw Clowie walking Rascal, she demanded his return. Clowie refused. A lawyer in the neighborhood suggested either an early neutral case evaluation or a mediation in an attempt to resolve the feud. Describe mediation and neutral case evaluation. Which would you suggest and why?

Define the term "in personam" jurisdiction, discuss where corporations are generally subject to that type of jurisdiction, and discuss long-arm jurisdiction.

A person must be a lawyer in order to serve as an arbitrator.

Which of the following do appellate courts primarily handle?

According to the text, what are three criticisms of arbitration when compared to traditional litigation?

Assume a plaintiff files a case in state court that could also have been filed in federal court. Does the defendant have any choice in the matter?

Reference - Supreme Court. Jim, who is a bit eccentric, says that he is fed up with the way a certain employer in his town treats employees and that he is going to sue that employer in an effort to improve matters. Jim also says that he is going to start his case at the appellate court level, skipping over all those "lesser" judges. Jim says that those justices will surely hear him out and that he will also seek a jury. Although he is not a lawyer, Jim believes that the offenses of the employer are so severe that the justices will appreciate his attempt to make things better for the employees involved. Will an appellate court initially hear Jim's case deciding issues such as whether he has a claim and can act as a plaintiff?

What type of dispute resolution process is med-arb?

Which of the following is accurate regarding the speed and cost of ADR?

A reply is an answer to a counterclaim.