Business law : the ethical, global, and e-commerce environment


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Business Law Legal Ethical Global and E Commerce Environment - Assignment Example

Embeds 0 No embeds. No notes for slide. Business law the ethical global and e commerce environment 16th edition mallor test bank 1. Minor criminal cases and civil disputes are decided in the appellate courts. True False 2. The plaintiff can sue the defendant in whatever court, and in whatever locale that the plaintiff wishes. True False 3. For a state trial court to have the power to decide a civil case, it must have in personam jurisdiction or in rem jurisdiction. True False 4. The assertion of specific in personam jurisdiction satisfies federal or state due process guarantees so long as the defendant has sufficient "minimum contacts" with the forum state.

True False 5. In rem jurisdiction is based only on the fact that property of the defendant is located within the state. True False 6. Generally, forum selection clauses in form agreements are unenforceable. In general, a court has venue if it is territorially fair and convenient for both parties to litigate the case in that court.

True False 8. True False 9. The doctrine of certiorari jurisdiction makes it mandatory for the U. Supreme Court to hear appeals from federal and state courts. True False Brennan sues Melissa for breach of contract.


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In her reply, Melissa claims, among other things, that she should not be liable as she only entered the contract because Brennan defrauded her. This assertion is called an affirmative defense. The defendant must wait until after the pleadings have been completed before making a motion to dismiss. Interrogatories are a form of discovery requiring a party to file written answers to questions submitted to that party.

As in a criminal case, a defendant in a civil case may not be compelled by the plaintiff to testify. Normally, a motion for summary judgment requires that a court decide there are genuine questions of fact and questions of law. The party successful in a civil lawsuit can seek to enforce a judgment by obtaining a writ of execution or by garnishment.

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True False Multiple Choice Questions What is a court's power to hear a case and to issue a decision binding on the parties called? Jurisdiction B. Prerogative C. Venue D. Assignment A "long-arm" statute allows: A. Calvin, a resident of South Park, Colorado, creates a website called "But Seriously" which acts as an electronic billboard for posting funny stories.

Ted, a resident of Northridge, California, posts a story on the website. Stu, another California resident from San Diego, files a lawsuit against Calvin in a federal district court in California, claiming that Calvin had defamed him on his website. Based on these facts, does Calvin have sufficient "minimum contacts" to give the California federal district court in personam jurisdiction over him? No, Ted's posting alone is not enough to create sufficient "minimum contacts.

Yes, Ted's posting creates sufficient "minimum contacts. Yes, by creating a website that is accessible in California, Calvin has sufficient minimum contacts with that state. Bubble Wrap Co. John, a resident of Florida, asserted on his website that BWC is engaged in ongoing criminal activity, scams, and phishing. BWC sued John in the U. John filed a motion to dismiss the case alleging that neither subject-matter nor in personam jurisdiction existed.

The court granted the defendant's motion and dismissed the case because: A.

BWC could not meet its burden of establishing sufficient minimum contacts. BWC did not have subject-matter jurisdiction. BWC neither had subject-matter jurisdiction nor in personam jurisdiction. Jurisdiction based on the presence of property within the state is called jurisdiction. Jack, a resident of Texas, sued Jill, a resident of Kentucky, alleging breach of contract. Jack may attach Jill's bank account in Kentucky to recover the amount of the judgment from the account, if his suit is successful.

This is an example of: A. In general, a court has if it is a territorially fair and convenient forum in which to hear the case. Contracts sometimes contain a provision reciting that disputes between the parties regarding matters connected with the contract must be litigated in the courts of a particular state. What is such a provision called? Choice of law clause B.

Forum selection clause C. Substantive clause D. Minimum contacts clause 7. Bob is a merchant in New York and Betty is a merchant in California. Bob wants to do business with Betty but he is concerned that if a lawsuit should result from their transaction, he might have to travel to California and hire a California litigation lawyer to litigate the dispute.

What type of clause should Bob try to include in his contract with Betty that will probably assure him that if litigation ensues, it will take place in New York? Confession of judgment clause B. Choice of law clause D. Substantive clause Defending against a federal district court suit by Paul, Dan claims that Paul has sued him in the wrong federal district court. Dan has raised a question of: A. Infobox Online, an Internet services provider, includes in its "clickwrap" contract a clause stating that California courts have "exclusive jurisdiction" over subscribers' disputes with Infobox Online.

This clause will most likely be: A. For federal "diversity" jurisdiction to exist: A. In federal courts, a corporation is: A. Original B. Federal question C. Diversity D.

Exclusive Patent cases being litigated in the federal system are an example of: A. In a case where concurrent jurisdiction exists, a state court may decide a case involving federal questions if: A. Today, most appealable decisions from the lower courts fall within the Supreme Court's jurisdiction, under which the Court has discretion whether to hear the appeal. In which of the following cases will the U.

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Business Law: The Ethical, Global, and E-Commerce Environment by Jane P. Mallor

Supreme Court have original, but not exclusive, jurisdiction? When the validity of any treaty has been questioned. When the validity of a federal statute has been questioned. When there is a controversy between two or more states.


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When a state proceeds against citizens of another state.

Business law : the ethical, global, and e-commerce environment Business law : the ethical, global, and e-commerce environment
Business law : the ethical, global, and e-commerce environment Business law : the ethical, global, and e-commerce environment
Business law : the ethical, global, and e-commerce environment Business law : the ethical, global, and e-commerce environment
Business law : the ethical, global, and e-commerce environment Business law : the ethical, global, and e-commerce environment
Business law : the ethical, global, and e-commerce environment Business law : the ethical, global, and e-commerce environment
Business law : the ethical, global, and e-commerce environment Business law : the ethical, global, and e-commerce environment
Business law : the ethical, global, and e-commerce environment Business law : the ethical, global, and e-commerce environment
Business law : the ethical, global, and e-commerce environment Business law : the ethical, global, and e-commerce environment

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