Question 1

Teyton, Ltd., a multinational company, services oil pumping systems. The United States begins to investigate alleged bribery by Teyton through its U.S. subsidiary to obtain a contract in United Arab Emirates. The best reason to stop the investigation would be

A) commercial interests should be given precedence over ethics.
B) Teyton's allegedly illegal acts occurred outside the United States.
C) Teyton admits to illegal acts, pays a fine, and agrees to stop.
D) the United States is directly involved in the situation.

C

Accepted Answer

If Teyton admits to illegal acts, pays a fine, and agrees to stop, it may resolve the issue without further investigation, as the company is taking responsibility and agreeing to corrective actions.

Question 2

Donato, S.A.., a multinational company, makes military weapons systems. The United States begins to investigate alleged bribery by Donato to obtain a contract in Eritrea. This indicates that&#10;A) commercial interests should be given precedence over ethics.&#10;B) Donato should be able to profit from unethical practices in wartime.&#10;C) the United States is not directly involved in the situation or contract.&#10;D) the United States will take on corporate corruption on a global level.

Accepted Answer

The fact that the United States is investigating alleged bribery by Donato to obtain a contract in Eritrea indicates that the country is taking on corporate corruption on a global level. The investigation suggests that the country is committed to promoting ethical practices among companies, especially in the military weapons systems sector.

Question 3

Khalil and Jasmin sign a prenuptial agreement that provides for any dispute to be arbitrated according to Islamic law. When a dispute arises over the parties' marital property in Iowa, Jasmin files a suit in an Iowa state court to contest the arbitration provision. According to rulings in other states' courts in similar cases, the provision will most likely be

A) enforced.
B) rewritten to remove the Islamic law clause.
C) struck down as outside the common legal framework of our society.
D) suspended while the court considers an equitable result.

A

Accepted Answer

Generally, courts will enforce valid prenuptial agreements, including those that include arbitration clauses. The fact that the agreement provides for arbitration according to Islamic law is not inherently illegal or contrary to public policy, so long as both parties voluntarily agreed to it. The courts have upheld similar provisions in other cases, so it is likely that the provision will be enforced in this case as well.

Question 4

In Eastside Grocery Company's suit against Fresh Foods, Inc., Fresh seeks to recover the cost to provide cop?ies of e-documents to Eastside. This cost could be awarded if&#10;A) all of the parties used the e-documents.&#10;B) Eastside's ability to pay is greater than Fresh's.&#10;C) Fresh covered the cost, hoping to recover it later.&#10;D) the court approved the provision of the e-documents.

Accepted Answer

The answer of In Eastside Grocery Company's suit against Fresh...

Question 5

Oklahoma enacts a law to require Internet pharmacies to obtain a license from Oklahoma to do business with that state's residents. Most likely this law would be considered&#10;A) acceptable under the dormant commerce clause.&#10;B) an exception to federal regulation of Internet commerce.&#10;C) an undue burden on interstate commerce.&#10;D) a violation of the dormant commerce clause.

Accepted Answer

This law would be acceptable under the dormant commerce clause, as states are allowed to regulate commerce that occurs within their borders, as long as it does not place an undue burden on interstate commerce. By requiring Internet pharmacies to obtain a license from Oklahoma to do business with its residents, Oklahoma is regulating commerce within its borders and therefore not violating the dormant commerce clause.

Question 6

Nevada enacts a law to regulate Internet prescription transactions. New York enacts a ban on the Internet sale of tobacco products to New York residents. Texas prohibits automakers from selling vehicles on their Web sites. State regulation of Internet activities

A) always violates the dormant commerce clause.
B) is not subject to evaluation under the dormant commerce clause.
C) may violate the dormant commerce clause.
D) never violates the dormant commerce clause.

Accepted Answer

State regulation of internet activities may violate the dormant commerce clause if it discriminates against or excessively burdens interstate commerce. The constitution grants Congress the power to regulate interstate commerce and the dormant commerce clause prohibits states from enacting laws that would interfere with or discriminate against this power. Therefore, each of the regulations listed may need to be evaluated under the dormant commerce clause to determine whether they are constitutional.

Question 7

In a brief filed in Lea's suit against Mica in a state court, Neil, Lea's attorney, cites, Ole! Cafe v. Pan Foods Corp., an unpublished opinion. With respect to the persuasiveness of unpublished opinions, most states traditionally

A) allowed their courts to consider such opinions.
B) did not allow their courts to consider such opinions.
C) imposed certain hierarchical rankings.
D) required their courts to consider such opinions.

Accepted Answer

Most states traditionally did not allow their courts to consider unpublished opinions as they are not considered binding precedent. However, some states have implemented rules allowing for consideration of unpublished opinions under certain circumstances.

Question 8

In a brief filed in Gene's suit against Hoyt in a federal court, Ilsa, Gene's attorney, cites, Jon v. Klint, an unpublished opinion. According to a ruling of the United States Supreme Court, the judge in Gene's suit

A) may consider the unpublished opinion persuasive.
B) must apply the unpublished opinion as binding.
C) must ignore the unpublished opinion.
D) must issue a judgment in Hoyt's favor.

Accepted Answer

According to the ruling of the United States Supreme Court, judges may consider unpublished opinions as persuasive authority, but they are not binding precedent. Therefore, Ilsa can cite Jon v. Klint as an example that supports Gene's case, and the judge may choose to consider it alongside other relevant legal authorities.

Question 9

Ahsan and Imani want to obtain a divorce and divide their marital property according to the principles of sharia. Officially recognized sharia courts with the full power of equivalent courts within a judicial system to rule on issues of divorce and financial disputes between couples have been sanctioned in

A) Canada.
B) Great Britain.
C) the United States.
D) no Western jurisdiction.

Accepted Answer

The answer of Ahsan and Imani want to obtain a...

Question 10

Capital Credit Company files a suit against Downtown Developers, Inc., and seeks, as part of dis?covery, certain electronic documents in Downtown's possession. Responding to this request will most likely be required if the documents contain data that is relevant and

A) accessible.
B) privileged.
C) recoverable.
D) text only.

Accepted Answer

The question specifies that Capital Credit Company is seeking electronic documents in Downtown Developers, Inc.'s possession. If the documents contain data that is relevant and accessible, it is likely that Downtown will be required to produce them during discovery. Privilege and recoverability may also be factors in determining whether electronic documents must be produced, but this question does not provide enough information to assess those issues. Similarly, the fact that the documents may be text-only is not relevant to whether Downtown must produce them.

Deck 21: for Unit One