BUSI301 TEST QUESTION

Topics: Court, Law, Trial court Pages: 5 (2171 words) Published: December 6, 2014
Criminal laws are a protection of society, and the violation of criminal laws results in penalties to the violator such as fines or imprisonment. correct True Criminal laws are a protection of society, and the violation of criminal laws results in penalties to the violator such as fines or imprisonment. 2 Which equitable maxim favors those who exercise caution in pursuing their claims and disfavors those who rest on their legal rights by failing to act to protect their rights in a reasonable period of time? Equity aids the vigilant Perhaps the most universal of the maxims is the notion that the law favors those who exercise vigilance in pursuing their claims and disfavors those who rest on their legal rights by failing to act to protect their rights in a reasonable period of time 3The state trial court in Nevada has issued a decision in which a party has been found guilty of fraud. Should a case arise in the future with the same basic fact situation, Nevada courts will be bound by precedent to follow the reasoning and decision of this prior decision. False It is important to remember that state trial court decisions are binding only on the parties involved in the dispute. Trial court decisions do not set precedent for future disputes or parties. Only appellate-level courts set precedent. 4Courts use a two-prong test to determine whether it has personal jurisdiction over an out-of-state defendant. Which of the following questions is likely to be asked in the second prong that deals with meeting constitutional requirements of fairness and due process? Does the defendant have some level of minimum contacts with the state The second prong in the two-prong test ensures that exercising jurisdiction over an out-of-state defendant meets the constitutional requirements of fairness and due process. Courts examine two questions in this analysis: First, does the defendant have some level of minimum contacts with the state? Second, has the defendant purposefully availed herself by some affirmative directed to that specific state? 5Civil litigation is the term used to describe a dispute resolution process in which the parties and their counsel argue their views of a civil (noncriminal) controversy in a court of law True Civil litigation is the term used to describe a dispute resolution process in which the parties and their counsel argue their views of a civil (noncriminal) controversy in a court of law. While the term litigation is sometimes used as synonymous with the word trial, the scope of litigation is much broader and includes pretrial events as well 6Which of the following is a type of informal alternative dispute resolution (ADR)? Settlement agreement Informal ADR can take the form of a settlement agreement whereby one party agrees to a payment in exchange for the other party's promise not to sue or an agreement to cancel a contract or to revise an existing contract to better reflect the parties' obligations and needs. 7Ethics addresses how one should act, in a given situation, as defined by society. True Ethics addresses how one should act, in a given situation, as defined by society. It comprises the systematic set of rules used to define

8Differentiate between codes of conduct and codes of ethics. Codes of conduct specify actions in the workplace, and codes of ethics are general guides to decisions about those actions. Codes of conduct specify actions in the workplace, and codes of ethics are general guides to decisions about those actions. An effective code of conduct contains examples of appropriate behavior. 9Which of the following is true of a property sublease?

In a sublease, a tenant transfers her interests to a subleasee for a term that is less than the remaining term of the original lease. If a tenant transfers her interests to a subleasee for anything less than the remaining term, this is known as a sublease. The tenant remains bound to the original lease agreement. The subleasee receives...
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