BULW 3300 Exam 1 Questions with Detailed Answers Latest Update (Rated 100%)

BULW 3300 Exam 1 Questions with Detailed Answers Latest Update (Rated 100%) You recently had an accident on the job. Some equipment fell on you causing a serious injury, and your medical bills alone are likely to be over $85,000. You claim an outside vendor who was working on the equipment that day created the problem that caused the injury, and you want to sue. You live and work in Texas, and the outside vendor is a resident of Oklahoma. Where do you think you should file the lawsuit? - Answers in either state or federal court In contrast to federal courts, state courts have what kind of jurisdiction? - Answers broad What does venue refer to? - Answers geographic location of the court Which branch of government has the authority to enact law? - Answers legislative The federal and most state judicial branches have at least these three levels in the court system: - Answers trial court, intermediate appellate court, and highest appellate court. When the parties in a dispute present their arguments and evidence to a neutral third party who then renders a decision, it is called: - Answers arbitration The role of a mediator is to: - Answers assist parties in a dispute in resolving their differences out of court. What is a document called that is filed with the court to state the position of the plaintiff or the defendant in a lawsuit and ask for relief from the court? - Answers pleading After all pleadings are filed and discovery is completed, a party may ask the judge to rule in their favor on the basis that there are no genuinely disputed facts and the judge need only rule on the law. The motion asks the court for a: - Answers summary judgement What are the three steps of a civil trial? - Answers closing arguments, opening arguments, and presentation of testimony and evidence What is the process of interviewing prospective jurors and either approving of or challenging a person's impartiality toward service on a particular jury? - Answers voir dire Mary and Hanna, who are Tennessee residents, were traveling through Mississippi when they were involved in an automobile accident with Franco, who is a resident of Mississippi. Franco sues Mary, who was driving the car, in federal court in Mississippi and asks for $100,000 to reimburse him for his medical bills and lost wages. In deciding the case, what law will the federal district judge apply? - Answers state law Sanchez and Yan entered into a contract that required Sanchez to deliver twenty textbooks to Yan's bookstore every month by the 15th raised to the th power of the month. Six months after Sanchez and Yan entered into this contract, Sanchez breached the contract by not delivering the textbooks to Yan's bookstore. After Sanchez breached the contract, Yan sued Sanchez for her damages. Yan must choose the appropriate court in which to file her lawsuit. To do this, Yan needs to be sure the court has: - Answers both subject matter and in personam jurisdiction in the case. For the past year, Zegrida has been writing a historical fiction novel based on the experiences of her family as they immigrated to the United States from Latvia during World War II. When finished, she contacted a publisher and was shocked to discover that her book had just been published two weeks ago with Fran, a business acquaintance of Zegrida, listed as the author. Two months ago, Zegrida had asked Fran to review the book and give feedback, but instead, Fran published the book under her own name. Zegrida plans to sue Fran for copyright infringement and is trying to decide in which court to sue. Zegrida must sue Fran: - Answers in federal district court because the suit involves a copyright issue. Andre is involved in a business dispute with his former partner, Ned. Instead of filing a lawsuit, Andre and Ned decide to use alternative dispute resolution (ADR) to settle their dispute. Andre and Ned choose to present their case to a neutral third party, and that third party will decide the case. The form of ADR that Andre and Ned have decided to use is: - Answers arbitration Rando and Shania are involved in an automobile accident. Rando decides to sue Shania for his injuries, so he files a complaint, a formal pleading that starts the lawsuit and sets out the allegations that Rando has against Shania. Rando has the complaint, along with a summons, served on Shania to give her notice of the lawsuit. If Shania does not respond to the complaint: - Answers a default judgment may be entered against her. Federal courts have exclusive subject matter jurisdiction over which of the following? - Answers Bankruptcies, Patents/trademark/copyright cases, Federal criminal prosecutions, and cases against the US A court has personal jurisdiction over a party in which of the following circumstances? - Answers - When the party's property at issue in the case exists within the geographic boundaries of the authority of the court - When a party brings a case in its court An arbitrator is different than a mediator because an arbitrator: - Answers has the authority to make a binding award. Which of the following are the TWO types of ADR that result in parties voluntarily signing a settlement agreement rather than proceeding to trial? - Answers mediation and negotiation Which of the following lists the steps of a trial in the correct chronological order from beginning to end? - Answers Jury selection, opening statements, plaintiff's case, defendant's case What are two types of challenges an attorney can make during voir dire? - Answers Peremptory challenges and challenges for cause You play drums in a band that is very popular on your campus. In addition to playing other groups' hit songs, your band plays music that you write. One of your songs has gone viral and has over five million "likes" on Facebook. Your band copyrighted this song and is selling the single via iTunes. You learn that someone in Spain is selling downloads of the song without your permission. You want to stop the unauthorized sales. You are aware of the Berne Convention, an international treaty that would require Spain to recognize your copyright and enable you to enforce your rights in that country. You are thrilled that this treaty exists and you wonder how it came into existence. How are international agreements like the Berne Convention adopted? - Answers Treaties must be approved by the supreme power of each nation. In the United States, approval by both the president and the Senate is required. The treaty must pass in the Senate by a minimum vote of two-thirds. In order for the provisions of a treaty to apply to a country, the country must: - Answers have ratified the treaty. Which of the following are the 3 places a court may look to as a source of international law? - Answers -international treaties -international customs -international organizations A choice-of-law clause in an international contract will determine: - Answers which country's law will apply in the event of a dispute. Which of the following is true about the International Court of Justice? - Answers 1. The jurisdiction of the court is limited to hearing cases from countries which agree to be bound by its decision. 2. Only a country may initiate a case on behalf of individuals in this court. 3. Only a country may initiate a case on behalf of individuals in this court. In order to control what enters the U.S., Congress may: - Answers -prohibit the import of certain goods -create important quotas -tax imported goods Which of the following are tactics that Congress can use to control exporting? - Answers - setting quotas -employing subsides If a business owner's property in a foreign country is confiscated, what remedy is available? - Answers the company can try to convince the US to intervene and try tp negotiate a settlement with the foreign country.