Business Law Exam 1 Practice Questions With Well Elaborated Answers Success Guaranteed.

Dexter loses his breach-of-contract case against Micheletta in a Georgia state trial court. Dexter appeals to the state court of appeals. Losing again, he files his next appeal with: - correct answer the Georgia Supreme Court Transpac Corp. and Alliance, Inc., agree to a contract that includes an arbitration clause. After a dispute arises, the case goes to arbitration. The arbitrator finds in Transpac's favor. Alliance files a lawsuit, alleging that the award should not be enforced, because the arbitrator made an error in her findings of fact. The court will likely: - correct answer do nothing Britney files a lawsuit against Kevin and wants her case settled as quickly and with as little cost as possible. Her best hope is: - correct answer mediation John is a resident of Iowa. While driving through California, he has an accident involving Marisol, a California resident. Marisol files a lawsuit in a California state court. Over John, the California court has - correct answer in personam jurisdiction Toybox, Inc., manufactures the Spintop, a toy that the company discovers can cause harm. Before anyone is injured, Anne, a pediatric nurse who has not purchased a Spintop, files a suit against Toybox, Inc. In seeking to have the suit dismissed, Toybox, Inc.'s, best argument is that Anne does not have: - correct answer standing to sue Jackson, a homeowner, files a lawsuit against Johnson, his construction contractor. Prior to trial, they meet with their attorneys to try to resolve their dispute before going to trial. This proceeding is known as: - correct answer negotiation Stan, a citizen of Iowa, files a lawsuit in an Iowa state trial court against Jalisco Farm Supply, a Texas company that sells supplies in Iowa. The court has original jurisdiction because - correct answer the case is being heard for the first time The Food and Drug Administration (FDA) is investigating a report that Cherise Cosmetics Co. is in violation of purity and testing regulations. The FDA wants Yasmin, the lead chemist for the company, to testify at an administrative hearing. Yasmin refuses, so the FDA: - correct answer issues an ordinary subpoenas The Equal Employment Opportunity Commission issues a statement describing how it will apply a section of the Americans with Disability Act. After exhausting the administrative remedies, Jill files a lawsuit in federal court alleging that the EEOC incorrectly interpreted the statute. The court likely will: - correct answer give deference to the EEOC's interpretation so long as it is reasonable Theo is injured at work and files a workers' compensation claim, which is administered by the workers' compensation agency in his state. His employer disputes the extent of Theo's injuries. The case is heard by an administrative law judge (ALJ), who decides the case in the employer's favor. Theo's attorney tells him that his case cannot be appealed to a court because: - correct answer he has not first appealed the case to the workers' compensation board that heads the state agency Joseph is appointed to serve as an officer for a federal agency. He is appointed by the president of the United States and confirmed by the U.S. Senate. He is to serve for a six-year, fixed term and cannot be removed without cause (even if there is a change in the president). Joseph is most likely serving in: - correct answer an independent agency Carla works for the EPA. Her department determines that a new rule is necessary to help protect seabirds along the California coast. Carla is in charge of the notice for the proposed rulemaking. This means she must draft a notice of the proposed rulemaking proceedings to be published in - correct answer The Federal Register Assume that Congress passes a law establishing a new administrative agency to oversee cyberlaw issues. The agency writes rules to enable it to carry out its duties. The rules written by the agency will be known as a part of: - correct answer The Environmental Protection Agency conducts meetings to discuss the possibility of creating additional regulations within the next five years. Under the Government in the Sunshine Act, the meetings: - correct answer may be closed to the public UsAgainstThem, a nonprofit environmental group, is contesting the EPA's interpretation of a rule that has allowed a refinery to offset an increase in emissions relating to one part of the refinery by reducing emissions in another part of the refinery. In challenging the EPA's interpretation, a court will likely - correct answer defer to the agency's interpretation The Equal Employment Opportunity Commission issues a statement describing how it will apply a section of the Americans with Disability Act. This statement is an example of a(n): - correct answer interpretive rule Congress passed the Securities Exchange Act of 1934, which created the Securities Exchange Commission. This legislation, which created an independent regulatory agency, is known as: - correct answer enabling legislation William wants to obtain information from the Securities and Exchange Commission regarding the number of active cases related to insider trading. To request this information, he would need to file which of the following with the SEC: - correct answer a Freedom of Information Act request AT&T wants to obtain additional rights to operate within the 700 MHz spectrum in the United States. The Federal Communications Commission (FCC) has rules and regulations that govern wireless spectrum auction. The FCC is - correct answer an administrative agency BP violated the Clean Air Act by discharging pollutants from one of its refineries and was unable to reach a settlement with the EPA regarding a violation of the law. The EPA plans to go forward with a trial on this matter, which will be heard by - correct answer an administrative law judge (ALJ) The Food and Drug Administration is an example of an executive agency. If Fred Smith is an officer in the FDA and he fails to perform his duties properly, the power to remove him lies with - correct answer the president of the Unit