Expert Answer :MGT 102 – LEGAL ENVIRONMENT OF BUSINESS EXAM 1(ANS

Solved by verified expert :MGT102-HK. LEGAL ENVIRONMENT OF BUSINESS (MGT102-HK) > TAKE ASSESSMENT: EXAM 1Question 1 1 points SaveIf there has been a lot of publicity surrounding a case, the defendant may request:a. a declaration of forum non conveniensb. a determination of concurrent jurisdictionc. a conflict-of-law rulingd. a change of venuee. none of the aboveQuestion 2 1 points SaveWhich of the following in not true about expert witnesses and their testimony:a. the testimony may not be contrary to prevailing scientific opinionb. if the evidence is not credible it will be rejected by the courtc. the experts may not be questioned by the opposition before triald. when experts conflict, the testimony of both sides will be strickene. all of the above are trueQuestion 3 1 points SaveSuppose, before the start of a trial, the judge believes the case should be settled by the parties, rather than go to trial. The judge may:a. order the parties to settle the caseb. order the parties to appear at a pretrial settlement hearingc. request the parties to come to a pretrial settlement hearingd. request the defendant come to a pretrial settlement hearinge. not have a pretrial settlement hearing unless requested by both partiesQuestion 4 1 points SaveA decision by the Chinese Supreme Court held that:a. arbitral awards do not apply in Chinab. China is not a party to the New York Conventionc. lower Chinese courts cannot overturn arbitral awards without its permissiond. lower Chinese court must overturn arbitral awards to protect the honor of the natione. none of theseQuestion 5 1 points SaveAll of the following are grounds for overturning an arbitration decision, according to the Federal Arbitration Act, except:a. the arbitrator does not state the legal basis for the decisionb. the arbitrator engaged in fraudc. the arbitrator exceeded his authorityd. there is evidence of serious procedural misconducte. all of the above are groundsQuestion 6 1 points SaveThe party claiming to have suffered an injury that the law can remedy is:a. the appellate courtb. the judgec. the defendantd. the plaintiffe. the bailiffQuestion 7 1 points SaveUnder the Fifth Amendment, when can a person be forced to produce documents for a government prosecution that could implicate a business in a violation of the law?a. Never; one does not have to report business information that will be incriminatingb. One must produce documents the government requires unless they will incriminate an employee of the businessc. Only if the person is a top executive of the businessd. Only if the person involved does not work for the businesse. Any time; corporate records are not due self-incrimination protection for the businessQuestion 8 1 points SaveA major advantages of the use of precedent in law for businesses is that they will:a. be able to get judges to resolve cases in favor of large businessesb. be able to avoid harsh punishments from the use of ineffective attorneysc. be unable to plan for future contingenciesd. be unable to enforce contractse. have reasonable expectations about the enforcement of agreementsQuestion 9 1 points SaveWhich of these issues may impact a company’s operations?a. international issuesb. political issuesc. ethical issuesd. legal issuese. all of these issuesQuestion 10 1 points SaveThe original or oldest source of law in this country is:a. the federal Constitutionb. the constitution of the first statec. the common lawd. the Declaration of Independencee. none of the aboveQuestion 11 1 points SaveIn a civil trial the parties must prove their contentions:a. beyond a reasonable doubtb. with all due certaintyc. to the satisfaction of the plaintiffd. by a preponderance of the evidencee. unanimouslyQuestion 12 1 points SaveThe first pleading is commonly called:a. the complaintb. the answerc. the affirmative defensed. the res judicatae. none of the aboveQuestion 13 1 points SaveInformal agency procedures may include:a. tests and inspectionsb. processing applicationsc. negotiations with parties in troubled. advisory opinionse. all of the aboveQuestion 14 1 points SaveAccording to the Federal Arbitration Act:a. parties must always use arbitration before going to courtb. arbitration is not recognized by the governmentc. arbitration is allowed only for claims under $75,000d. arbitration must be pre-approved by a courte. courts must uphold agreements to arbitrateQuestion 15 1 points SaveAccording to the Federal Rules of Civil Procedure, a party seeking information must use a discovery tool that:a. imposes significant burdens on the other partyb. is not unduly burdensome to the other partyc. the other party approves of beforehandd. the magistrate approves ofe. none of the aboveQuestion 16 1 points SaveWhich of the following concerns legal wrongs committed against the government:a. civil lawb. procedural lawc. ethical lawd. private lawe. criminal lawQuestion 17 1 points SaveWhich contracts often include arbitration clauses?a. insurance contractsb. investment contracts with stockbrokersc. many commercial contractsd. labor contractse. all of the aboveQuestion 18 1 points SaveIn a hearing at an administrative agency, to determine if the law has been violated:a. defendants have the right to a jury trialb. defendants may have a jury trial if the agency agrees to onec. there is no right to a jury triald. there is no right to jury trials except in cases involving agency common lawe. there is no right to jury trials in regulatory cases unless there is a possibility of a death sentenceQuestion 19 1 points SaveThe structured settlement process that involves an information exchange and, usually, confidential discussions that summarize the two sides of the case is:a. arbitrationb. mediationc. conciliationd. minitriale. court-annexed arbitrationQuestion 20 1 points SaveThe Administrative Dispute Resolution Act of 1990:a. requires all controversies involving Congress to be handled by negotiationb. requires suits against Congress and the President to be handled by negotiationc. authorizes the use of ADR techniques by federal administrative agenciesd. compels the use of ADR techniques by all federal and state administrative agenciese. forbids the use of ADR techniques in administrative law cases when other remedial approaches are feasibleQuestion 21 1 points SaveA summary jury trial:a. is the jury equivalent of a minitrialb. involves a judge giving the jury abbreviated instructions on the lawc. begins with the selection of six advisory jurorsd. involves a short presentation, by each side, of their casee. all of the above are trueQuestion 22 1 points SaveThe screening process used to select jury members is called:a. adverse selectionb. voir direc. summary selectiond. venuee. sequesteringQuestion 23 1 points SaveIf one party to a lawsuit requests the production of documents that would expose a trade secret, the party against whom the request is made may procure the following to ensure the confidentiality of the secret:a. a counterclaimb. a depositionc. a protective orderd. an injunctione. a restraint of tradeQuestion 24 1 points SaveWhen an administrative agency engages in rulemaking, it must first publish the proposed rule, then it must:a. conduct a trial-like hearingb. examine witnesses from all sides of the issuec. permit oral testimony for all interested partiesd. allow written commentaries by interested partiese. all of the aboveQuestion 25 1 points SaveThe First Amendment limits:a. police from searching a private home without a warrantb. Congress from making laws restricting freedom of speechc. racial discriminationd. unequal taxes on in-state and out-of-state businessese. Congress from restricting the right to bear armsQuestion 26 1 points Save