SOPHIA BUSINESS LAW FINAL EXAM QUESTIONS WITH CORRECT ANSWERS

Define what the law is (do not use the textbook definition). Demonstrate a comprehension of our readings and dialouge. - Answer Laws are a set of rules that have been put in place to prevent bad things from happening. These laws are put in place to attempt to protect us and our belongings. Along with keeping us safe, it is also to keep everyone in check. It tries to prevent unwanted things from happening. What was the key factor in the development of the English common law? - Answer the use of precedence of past cases for judges to decide present similar cases Identify three ways that a Federal Court could have jurisdiction to hear a lawsuit: - Answer The federal court could have jurisdiction to hear a lawsuit if 1. it violates the constitution or federal law 2. crimes on federal land 3. bankruptcy cases What is a judicial decision? - Answer a decision about an individual lawsuit issued by a federal or state court What are the three absolute requirements that must be in a Complaint? Explain both the requirement and the rationale. - Answer To file a complaint, the complaint must name the parties to the lawsuit meaning naming everyone who has a stake in this complaint. alleges the ultimate facts and law violated meaning explaining what laws have been violated and providing all the facts so a decision may be decided. and contains a prayer for relief which is a request of prayer made to the court. The reward they get if they win. Stare decisis is the doctrine of ________. - Answer adhering to legal precedent Which of the following is not a General-Jurisdiction Trial Court: - Answer Court of appeals Describe how our judicial system evolved from the English Common Law model. - Answer English common law was law that was created by judges that issued their opinion when they were deciding cases. These laws were made as a base for future cases involving it. English common law evolved from: law courts, equity courts, and merchant courts. Voir dire is the process by which attorneys select prospective judges through a process of asking questions to determine if there is a potential bias. TRUE or FALSE - Answer False What are the requirements and purpose of a class action lawsuit? - Answer The requirements for a class action lawsuit that must be met are if there are a group of plaintiffs that collectively bring a lawsuit against a defendant. These plaintiffs must have similar problems that the defendant caused. It also must be certified by the appropriate federal or state court. It can be certified if the factual claims of all the parties are common. What is the importance of forum-selection and choice-of-law clauses in today's business environment? - Answer Forum-selection clauses are important because if they didn't exist, businesses would be subject to all of the 50 states jurisdictions and would have to find lawyers for all the states whenever they would have to settle a dispute with someone. With the forum-selection clause the business can have any dispute settled in where they are located so they only have to focus on that one state's jurisdiction. A court has jurisdiction to hear and decide a case because it has jurisdiction over the property at issue in the lawsuit, is called? - Answer In Rem Jurisdiction What is the Supreme Law of the Land in the United States? - Answer US Constitution How old do you have to be to be able to properly accept service of process? - Answer 13 In the State of Washington, if I were to appeal a decision of Pierce County Superior Court, what court would I appeal it to? - Answer Court of Appeals Describe with some detail, your favorite method of discovery and why. - Answer My favorite method of discovery is deposition because when you talk to the person in person, you can read their emotions and their facial expressions when asking them questions allowing you to have a better understanding of their standing in the case. What are the four stages of pretrial process and what is the importance of the pretrial processes? - Answer Pleadings Discovery Pretrial motions Settlement Conference They are important because they get everything ready for the trial so it could go smoothly and efficiently. Why are ADR solutions so important to the function of justice and business? - Answer They are important because they are a lot quicker and cheaper so the lawyers and plaintiffs and defendants don't have to go to court to settle a case if they don't want to. This makes it a lot easier for everyone. Which of the following is established by the Supremacy Clause of the U.S. Constitution? - Answer The U.S. Constitution and federal treaties, laws, and regulations are the supreme law of the land. The first ten amendments to the U.S. Constitution are collectively known as the ______ - Answer Bill of Rights Give me an example of 'Limited Protection Speech': - Answer An example of limited protected speech is adult swim on cartoon network can only air after 10pm (when children go to sleep) because the shows on adult have explicit language and it is on a tv network that kids watch so they limit their speech to a certain time. Elvira was on her way home when an assailant stopped her car and threatened to physically harm her. Elvira can sue the assailant to recover damages for ________. - Answer assault Is Unprotected Speech illegal speech? If so what is the crime and if not how is it enforced? - Answer Unprotected speech is illegal speech because it is not protected by the first amendment, since it is not protected, it can be acted upon. An example of unprotected speech would be yelling "fire" in a crowded building when there is no fire. What is an attractive nuisance, define and give me an example not in the book. - Answer An attractive nuisance is something that is on your property that attracts children in but threatens them with harm. An example of an attractive nuisance would be a swimming pool, it attracts the children in but they can drown. Why is the patent period important to future of innovation? - Answer It gives an incentive to inventors to keep innovating and creating new things that help society. When the patent is expiring, in those last 2 to 3 years of the patent the creator is looking to innovate its original creation and make it better and patent his innovation. Jared, Josh, and Kaleb are passengers on a flight from Chicago to New York. They injure their legs when their seatbelts do not fasten during take-off. The airline is sued by all three together for injuries caused, and the airline is found to be negligent and is directed by the court to pay damages to the injured parties. Which of the following parties is entitled to recover maximum damages? - Answer Josh, an NFL football player, earning $2M per year If a competitor reverse-engineers a trade secret, then the competitor is ________. - Answer allowed to use the trade secret but not its original trademark What are the requirements for obtaining a patent and define them: 1) 2) 3) - Answer A patent has to be novel, useful, nonobvious Novel - has to be new and not have been invented and used in the past. Useful - if it has some practical purpose and not just theoretical benefit. Nonobvious - if it is obvious then it cannot qualify for a patent.