Exam 1 California Business Law (Ch. 1-6) Already Passed

Exam 1 California Business Law (Ch. 1-6) Already Passed A set of enforceable guidelines that help maintain order in a Society is a definition of Law The supreme source of law in this country is The US Constitution How many statutory codes are there in California 29 Behavior that is considered unacceptable to society at large is an example of Criminal law A contract maybe cancel due to some irregularity such as fraud through Rescission Any benefits one party has conferred to another is returned by the court through Restitution Attorney membership in the State Bar of California is Mandatory If you are paying for the actual time your attorney spend on your legal matter you are being charged a Hourly fee Which of the following decisions are generally published in reporters Appellate decisions California reports is the official reporter for The state of California In the US court system the disputing parties are called Litigants Courts restricted to hearing only case is limited to a certain dollar amount or to a particular area of law have Limited jurisdiction Deciding important legal questions and maintaining uniformity of decisions among the lower courts is the purpose of The Supreme Court California has how many federal district courts 4 And appellate must petition the court for a writ of certiori You have his or her case reviewed by The US Supreme Court Diversity of citizenship gives the federal courts jurisdiction when the Parties are citizens of different states AND the amount of controversy is over $75,000 In California the trial court is referred to as the Superior court Small claims court is a method for resolving disputes Fast, and expensively, and fairly A complaint is filled by the Plaintiff The purpose of an appeal is to review a Alleged trial court error Which of the following is considered an ADR procedure? Negotiation, mediation, and arbitration Simplest form to resolve disputes should be Negotiation Which of the following is an adjudicative method of ADR? Judicial arbitration, private arbitration, and private judging And integrative negotiation is considered a Win-win situation Actual negotiations try to focus on Interests It in early neutral evaluation the evaluator is I signed by a judge and usually an experienced attorney Which of the following is false concerning minitrials A mini trial is binding is false The ADR technique where he shortened case is presented to a mock jury is called a Summary jury trial When the arbitrator has rendered a final decision it is called the Award The referee address is a specific question of fact in a Special reference Which of the following is considered an ADR procedure Negotiation, mediation, arbitration The simplest form to resolve disputes should be Negotiation The most popular ADR procedure is Arbitration Which of the following is an adjudicative method of ADR Judicial arbitration, private arbitration, private judging And integrative negotiation is considered a Win-win situation Actual negotiation just try to focus on Interests In an early neutral evaluation ENE, the evaluator is Assigned by a judge and usually an experienced attorney Which of the following is false concerning many trials A mini trial is binding is false The ADR technique way shortened case is presented to a mock jury is called a Summary jury trial When the arbitrator has rendered a final decision it is called the Award The referee address is a specific question of fact in a Special reference The value system we apply when making moral choices and the inherit rightness or wrongness of the decisions we make is a process thatCan be defined as Ethics Do you want to others as you would have done on to you is an example of A duty based ethical theory and the deontological approach A prima facia duty is a moral duty that binds us unless it conflicts with A more compelling stronger prima face duty Freedom of expression and the right of privacy are examples of Negative rights Even when contrary to his or her desires, I relevance makes decisions based on a nations Traditions, culture, laws, and morals The shareholder theory emphasizes the responsibility of a business to Make a profit for its owners Obeying the letter of the law is The minimum standard of behavior we expect from businesses Which of the following would be considered a general rule consistent with business functions that adhere to basic ethical theories Autre confidentiality, exercise due care, and act in good faith Making profits while Staying within the legal and ethical limits is known as Optimizing profits Car is an example of A trade association A person who makes an untrue statement of facts with no reasonable grounds for believing it to be true, is guilty of Negligent misrepresentation Remedies available to a victim of fraud include Rescission and Affirmance Defamation Occurs when a person's reputation is Harmed For privilege to exist a person must be acting In self-defense, and defense of another, and to protect property A basic defense to a claim of trust pass is Consent and necessity When I considerable number of people are affected, a nuisance is considered Public Exercising a wrongful dominion/control over the personal property of another is called Conversion The tour of negligence requires proof that the defendant breached a legal duty To use reasonable/ordinary care, owed to the plaintive, and that was the cause of injury suffered by the plaintiff In California if something is a substantial factor in bringing about an injury it is considered A cause in fact Which of the following is true regarding comparative negligence It is currently the predominant defense for negligence in California and It diminishes damages in proportion to the amount of fault attributed to the plaintiff Slander of title in trade libel are two types of Disparagement Which disparagement the falsity of the statement must be approved by the Plaintiff A false and unprivileged statement about the title to real or personal property that causes actual monetary damages is Slander of title Trade libel is the intentional disparagement On the quality of another's property goods or services To be disparaging a statement must be Untrue Proof that commercial appropriation of a persons name or likeness was knowingly made is a requirement of Statutory law The tort of interference with the economic relations of others includes the theory of Inducing a breach of contract, interference with contractual relationship, and interference with a perspective economic advantage of another Inducement to breach another contract is an intentional act intended to produce an actual brief of a Valid contract Intentional harm toA relationship that is likely to produce an economic benefit is Interference with a perspective economic advantage The cyber term spamming refers to Unsolicited bulk email advertising