Exam 1 BUS 340 GCU Test Prep Questions And Verified Answers.

What are Trial Courts? - correct answer First level of courts to hear disputes. US District courts are the primary trial courts of the federal system What is jurisdiction? - correct answer a courts power to hear a case and bind parties to its determination What is a summons? - correct answer the courts written notice that a lawsuit has been filed What is a long arm statute? - correct answer statute that may broaden a state courts jurisdiction what are appellate courts? - correct answer higher courts which generally accept the facts provided by trial courts and review the record for legal errors Appellant - correct answer the party filing an appeal of a trial verdict Appellee - correct answer the party opposing an appeal what is a Federal question case? - correct answer a claim based on the US Constitution, a federal statute, or a federal treaty what is a diversity case? - correct answer a lawsuit in which the plaintiff and defendant are citizens of different states and the amount in dispute exceeds $75,000 What is the US Court of appeals? - correct answer The intermediate courts of appeal; they are divided into geographical circuits What is the Supreme Court? - correct answer The highest court in the country: there are nine judges, one of whom is chief justice, and the others are associate justices; when they decide a case, each justice casts an equal vote Pleadings - correct answer the documents that begin a lawsuit, consisting of a complaint, the answer, and sometimes a reply Complaint - correct answer The pleadings that start a lawsuit, this is a short statement of facts alleged by the plaintiff and his or her legal claims Answer (Pleadings) - correct answer the defendant's response to the complaint Default judgement - correct answer a decision that the plaintiff in a case without going to trial Class Action - correct answer a suit filed by a group of plaintiffs with related claims Motion - correct answer a formal request to the court that it take some step or issue some order Motion to dismiss - correct answer a request that the court terminate a case because the law does not offer a legal remedy for the plaintiff's problem What is the discovery process? - correct answer the pre-trial opportunity for both parties to gather information relevant to the case Interrogatories (Discovery) - correct answer written questions that the opposing party must answer in writing under oath Depositions (Discovery) - correct answer a chance for one party's lawyer to question the other party or a potential witness under oath Deponent - correct answer the person being questioned in a deposition The discovery Process can bring forward what kinds of information? - correct answer Relevant documents for inspection and copying to produce physical objects and for permission to enter land to make an inspection. Physical and mental examination of each party. all digital data. Summary Judgement - correct answer a ruling that no trial is necessary because essential facts are not in dispute Adversary System - correct answer a system based on the assumption that if two sides present their best case before a neutral party the truth will be established Precedent (stare decisis) - correct answer earlier decisions by a court on similar or identical issues on which subsequent court decisions can be based Affirm (Appeals) - correct answer to allow a court decision to stand as is Modify (appeals) - correct answer to let a court decision stand but with changes Reverse and Remand (Appeals) - correct answer to nullify a lower court's decision and return a case to trial Reverse (Appeals) - correct answer to rule that the loser in a previous case wins, with a new trial What is an Administrative law Judge(ALJ)? - correct answer an agency employee who acts as an impartial decision maker Adjudicate - correct answer to hold a formal hearing about an issue then decide it subpoena duces tecum - correct answer an order to require a person to produce certain documents or things Subpoena - correct answer an order to appear at a particular time and place what are Interpretive Rules? - correct answer These are the agency's interpretation of what the law already requires, but they still can affect us all. What are Legislative Rules? - correct answer these are the most important agency rules and they are much like statutes What is Common Law? - correct answer legal precedents created by appeals courts. The common law is judge made law stare decisis - correct answer "let the decision stand" and describes the practice of courts following prior decisions What is a Bill? - correct answer A proposed statute, submitted to Congress or a state legislature what is a statute? - correct answer laws passed by congress or state legislature What is Judicial power? - correct answer Article III of the constitution create the supreme court and permits congress to establish lower courts within the federal court system What is Judicial Review? - correct answer refers to the power of the federal courts to declare a statute or government action unconstitutional and void. The courts can examine acts from any branch of federal or state government What is Executive Power? - correct answer The basic job of the president is to enforce the nation's laws; key powers are appointment, legislation and foreign policy. What is the Commerce Clause? - correct answer Gives Congress the power to regulate commerce with foreign nations and among states What is Congressional Power? - correct answer Congress may impose taxes, spend money, create copyrights, support the military, declare war, etc. none of these rights is more important than the power of the purse Federalism - correct answer the national government was to have considerable power, but it would be limited Separation of Powers - correct answer Three branches of government were created each independent and equal and each acting as a check to keep the other two in balance What is the Freedom of Information Act (FOIA)? - correct answer designed to give all of us access to the information that federal agencies are using and any information it may have about us Privacy Act of 1974 - correct answer prohibits federal agencies from giving information about an individual to other agencies or organizations without written consent there are exceptions but overall this act has reduced the governments exchange of information about us behind our backs Congress has passed a new bill, the president has vetoed this bill, what happens now? - correct answer The bill goes back to congress and must now pass by 2/3rds majority negotiation - correct answer discussion aimed at reaching an agreement, first form of ADR Mediation (ADR) - correct answer A form of ADR in which a neutral third party guides the disputing parties toward a voluntary settlement. Mediator - correct answer a neutral party who does not render a decision but uses a variety of skills to move the parties toward a decision. Job is to earn the trust of the two parties, difuse anger and fear, explore common ground, and to try to convince each party of the other persons persepective, and create a win-win. Arbitration - correct answer a form of ADR in which a neutral third party has the power to impose a binding decision Arbitration agreements - correct answer contracts in which the parties agree to arbitrate their claims instead of filing a lawsuit. Ethics - correct answer how people should behave Ethics decision - correct answer any choice about how a person should behave based on the sense of right and wrong Life Principles - correct answer the rules by which you live your life What is the shareholder theory? - correct answer (Thinks more of profit) A corporate managers primary responsibility is to the owners of the organization: the shareholders What is the stakeholders theory? - correct answer that corporations should consider all company stakeholders (employees, customers, communities) Utilitarian Ethics (Theories of Ethics)(Mill) - correct answer A correct decision is the one to maximize overall happiness and minimize overall pain, thereby producing the greatest net benefit What is a criticism of Utilitarian Ethics?(Mill) - correct answer difficult to measure utility accurately, to decide what would be best Deontological Ethics (Theory of Ethics)(Kant) - correct answer The duty to do the right thing regardless of the result Categorical Imperative (Kant) - correct answer an act is only ethical if it would be acceptable for everyone to do the same thing. The ends do matter. Rawlsian Justice (Theory of Ethics)