Which of the true regarding federal jurisdiction

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Assignment:

Question

Question 1. Which of the following is (are) positive about arbitration?

1. Arbitrators are assigned so parties do not have to pick them.
2. Arbitration is generally less expensive than litigation.
3. Arbitrators are bound by the same rules as judges in applying precedent.
4. Arbitrators are assigned so parties do not have to pick them, and arbitration is generally less expensive than litigation.
5. Arbitrators are assigned so parties do not have to pick them, arbitration is generally less expensive than litigation, and arbitrators are bound by the same rules as judges in applying precedent.

Question 2. The United States Constitution and __________ establish the fundamental principles and rules by which the United States and the individual states are governed.

1. the administrative rules
2. the procedural rules
3. the constitution of each state
4. the bylaws of each state
5. both the procedural rules and the bylaws of each state

Question 3. Billy knows that he can bring his case against Bob in a state court in Tennessee. He is unsure, however, of which county in which to proceed. Which of the following addresses the proper county?

1. In personam jurisdiction
2. Venue
3. Subject-matter jurisdiction
4. Diversity jurisdiction
5. Long-arm jurisdiction

Question 4. Patricia, the president of a company that makes batteries, has a new interest in the environment. She recently went to a seminar on environmental dangers and has decided to take steps to clean things up. She started at home and was also committed to change things at work. Patricia had to face the fact that her company has been cheating and is not in compliance with applicable environmental regulations due to dumping in a nearby river. Her company has never been cited, however, because it employs a very large number of people in the community, including the mayor's wife and the chief-of-police's brother. On her mission to clean things up, Patricia has decided to go even further than the law requires and install the very latest environmental protections.

When she announced her plan, the chair of the company's board of directors, Cindy, had a meeting with Patricia. Cindy told Patricia to analyze the situation carefully because the cost of the additional equipment would mean no dividend to shareholders and no raise for employees. Furthermore, Cindy told Patricia that installing all the new equipment would result in higher prices for the company's batteries and could bankrupt the company because of foreign competition. Cindy hinted that Patricia could be fired if she persisted. Cindy suggested that Patricia just be concerned with a minimal standard of ethics. Which of the following is the minimal standard that a business must meet in a consideration of business ethics?

1. Decisions must meet the criteria of a follower of the WPH framework for business ethics.
2. Decisions must meet the requirements of the most important stakeholders.
3. Decisions must receive a majority vote of acceptance by employees.
4. Decisions must be legal.
5. Decisions must be legal, and decisions must receive a majority vote of acceptance by employees.

Question 5. Positive abstractions that capture our sense of what is good or desirable are __________.

1. ethical ideas
2. values
3. conscience demands
4. desirable principles
5. action goals

Question 6. Which of the following involves disputes between private individuals or groups?

1. Public law
2. Private law
3. Governmental law
4. Public law and private law, but not governmental law
5. Public law, private law, and governmental law

Question 7. Which of the following is true regarding federal jurisdiction?

1. There is no exclusive federal jurisdiction in civil matters.
2. If a case falls within federal jurisdiction, it may not also fall within state jurisdiction.
3. Some cases fall within both federal jurisdiction and state jurisdiction, but there is no exclusive federal court jurisdiction.
4. Some cases fall within both federal jurisdiction and state jurisdiction, but that only occurs in criminal matters.
5. Some cases fall within both federal jurisdiction and state jurisdiction, but the federal court system has exclusive jurisdiction over some cases.

Question 8. When courts rely on precedent, they are obeying __________.

1. common analysis
2. res judicata
3. stare decisis
4. in rem process
5. federal law

Question 9. What type of law is created by administrative agencies involving applications, licenses, permits, available information, hearings, appeals, and decision making?

1. Executive law
2. Congressional law
3. Administrative law
4. Enabling law
5. Rule law

Question 10. The "public disclosure" test is also known as the __________ test.

1. primary
2. golden
3. television
4. Powell
5. self-conscious

Question 11. What do the initials ALJ represent in the administrative law arena?

1. Administrative Legal Journal
2. Agency Legal Jargon
3. Administrative Law Judge
4. Agency Legal Judge
5. Agency Law Jurisprudence

Question 12. What usually happens to decisions of administrative law judges that are appealed to the federal court system?

1. The decisions are usually upheld.
2. The decisions are usually denied.
3. The decisions are upheld approximately 50% of the time.
4. The decisions are generally upheld as a matter of law unless a jury is requested.
5. None of these since there is no right of appeal to the federal court system.

Question 13. Which of the following is a type of alternative dispute resolution?

1. Consultation
2. Mediation
3. Case argument
4. Case analysis
5. Focus grouping

Question 14. If a computer store dumps waste behind its building in violation of local, state, or federal environmental regulations, the resulting dispute focuses on __________ law.

1. public
2. preferential
3. consensual
4. private
5. black letter

Question 15. Which of the following are types of rule that an agency may enact?

1. Procedural and interpretive
2. Interpretive and legislative
3. Legislative and judicial
4. Procedural, interpretive, and legislative

Question 16. The term __________ involves the use of past decisions to guide future decisions.

1. commonality
2. precedent
3. restatement
4. uniformity
5. modeling

Question 17. What types of powers do administrative agencies have?

1. Legislative and judicial
2. Judicial and executive
3. Executive and legislative
4. Legislative, judicial, and executive

Question 18. Which of the following involves disputes between private individuals or groups and their government?

1. Public law
2. Private law
3. Governmental law
4. Public law and private law, but not governmental law
5. Public law, private law, and governmental law

Question 19. Which of the following was the result in Alexis Perez v. John Ashcroft, the case in the textbook in which the plaintiff claimed that-without formal rulemaking as required by law-the Immigration and Naturalization Service wrongfully imposed a rule that required visa applicants who work in a professional capacity in a religious vocation to have formal religious training?

1. The court ruled that no formal rulemaking was required because the agency was merely interpreting previously-approved regulations.
2. The court ruled that no formal rulemaking was required because the Immigration and Naturalization Service was exempt from the Administrative Procedures Act.
3. The court upheld the rule on the basis that as a potential immigrant, the plaintiff lacked standing to sue.
4. The court struck the rule on the basis that the Immigration and Naturalization Service lacked the authority to pass any rules whatsoever when First Amendment freedom of religion rights were at issue.
5. The court struck the rule on the basis that all substantive rules adopted by an agency creating law must be implemented through formal rulemaking procedures.

Question 20. Which of the following do appellate courts primarily handle?

1. Questions of law
2. Questions of fact
3. Questions of law and fact
4. Cases when they initially enter the legal system
5. Questions of law and fact, and also cases when they initially enter the legal system

Question 21. Business ethics:

1. results in a set of correct decisions made by a company.
2. refers to a standard of business conduct.
3. can improve business decisions.
4. refers to a standard of business conduct and can improve business decisions.
5. results in a set of correct decisions made by a company and can improve business decisions.

Question 22. Which of the following is the minimal standard that a business must meet in a consideration of business ethics?

1. Decisions must be legal.
2. Decisions must meet the criteria of a follower of the WPH framework for business ethics.
3. Decisions must meet the requirements of the most important stakeholders.
4. Decisions must receive a majority vote of acceptance by employees.
5. Decisions must be legal, and decisions must receive a majority vote of acceptance by employees.

Question 23. Which of the following is FALSE regarding executive agencies at the federal level?

1. The president with the advice and consent of the U.S. House of Representatives appoints the administrative head of an executive agency.
2. The president may discharge executive-agency heads at any time, for any reason.
3. Executive agencies are usually under one of the cabinet-level departments.
4. Executive agencies are generally located within the executive branch.
5. Executive agencies tend to have responsibility for making rules covering a broad spectrum of industries and activities.

Question 24. Congress created federal administrative agencies through passage of what type of legislation?

1. Administrative
2. Enabling
3. Statutory
4. Agency
5. Interstate

Question 25. Which of the following is accurate regarding the speed and cost of alternative dispute resolution?

1. It is usually faster and cheaper.
2. It is usually faster but more expensive.
3. It is usually slower and more expensive.
4. It is usually slower but cheaper.
5. No studies have known, so the answer is unknown.