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GSU BUSA 2106 - Exam 1 Study Guide
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BUSA2106Exam # 1 Study Guide *Review chapters 1-4 and review the examples the book gives. Also if it wasn’t discussed in class it won’t be on the test. Also review the lectures I provided on GradeBuddy. Remember you can create a cheat sheet!!!! Good luck to us all EXAM I SAMPLE QUESTIONS Multiple Choice and True/False Questions Choose the best answer for each question, using your answer sheet. Read carefully. 1. The state Supreme Court of New Jersey is hearing a tort case that involves the very same legal and factual issues decided a year earlier by the federal U.S. District Court for the District of New Jersey. To the New Jersey Supreme Court, the earlier decision is a. binding authority: Any source of law that a court must follow when deciding a case. Binding authorities include constitutions, statutes, and regulations that govern the issue being decided, as well as court decisions that are controlling precedents within the jurisdiction. (ch.1)b. stare decisis: A common law doctrine under which judges are obligated to follow the precedents established in prior decisions. (ch.1)c. persuasive authority: Any legal authority or source of law that a court may look to for guidance but on which it need not rely in making its decision. (ch.1)d. concurrent jurisdiction: Jurisdiction that exists when two different courts(state & federal) have the power to hear a case. (ch.3)2. In mediation, a neutral third party makes a decision that is binding on the parties. (Ch.3)a. True *(The statement would be true if the word mediation was placed with arbitration: the reason being is usually, the parties in arbitration agree that the third party’s decision will be legally binding)b. False *(This Statement is false because mediation is a method of settling disputes outside of court by using the services of a neutral third party, who acts as a communicating agent betweenthe parties and assists them in negotiating a settlement.)3. The Equal Protection Clause prohibits states from enacting laws that classify and treat "similarly situated" persons differently. Assume that State X has enacted a law that classifiespeople on the basis of race. In reviewing this law, which equal protection standard would the Supreme Court apply? a. Rational basis: Generally, laws regulating economic and social matters are presumed to be valid and are subject to only minimal scrutiny. A classification will be considered valid if there is any conceivable rational basis on which the classification might relate to a legitimate government interest. (can not be crazy or a malicious reason)b. Intermediate scrutiny: A harder standard to meet, and is applied in cases involving discrimination based on gender or legitimacy. Laws using these classifications must be substantially related to important government objectives. (Ch.4) c. Strict scrutiny: The most difficult standard, and is applied when a law or action prohibits some persons from exercising a fundamental right or classifies individuals based on a suspect trait— such as race, national origin, or citizenship status. Under strict scrutiny, the classification must be necessary to promote a compelling state interest. Generally, few laws or actions survive strict-scrutiny analysis by the courts. d. Searching scrutiny: Does not exsist*Make sure you know the difference between the 5th and the 14th amendments, and what they mean. Also know the Equal protection clause and Due process.4. The is a voluntary set of human rights, labor, environmental, and anti-corruption principles that companies can adopt to guide their operations. a. True. *( The statement defines what is CORPORATE SOCIAL RESPONSIBILITY which is The idea that corporations can and should act ethically and be accountable to society for their actions.) (ch.2)b. False. *(The statement is false because Foreign Corrupt Practices Act are not voluntary but are laws that are in forced) (ch.2)Short Answer Questions Write a short answer (1-2 short paragraphs) to each question. In each answer, be sure to answer each question asked, explain your reasoning, refer to the relevant laws, elements, doctrines, or tests by name, and show the steps of your analysis. If your answer requires a fact that is not included in the question, you may assume or “make up” that fact, but be sure to make your assumptions clear in your answer. Use the back of the sheet if you need more space. 1. Penny is an Ohio resident. She owns an office supply store in Cincinnati, Ohio. Sixteen months ago, Penny sold $104,000 in office furniture to Darlene, Inc., a corporation with its headquarters in Kentucky and principal place of business in Ohio. Darlene, Inc. made regular payments for several months, dropping the balance due to $64,000, but has not paid for 3 months. Penny wants to sue Darlene, Inc. in the state of Ohio for breach of state contract law for the balance due plus interest. Assume there is personal jurisdiction over Darlene, Inc. in the state of Ohio. a. In which court system (federal and/ or state) can Penny sue Darlene, Inc. to recover the balance due plus interest? In your answer, refer to the relevant legal rules by nameand show each step of your analysis. (Be sure to explain your reasoning and identify any assumptions that you make.) -Personal jurisdiction: If one has personal jurisdiction they can take their case to state court.-Subject matter: If one has subject matter they can bring their case to federal court1) Federal questiona. Constitutional argumentb. Federal Statue (i.e. Title 7)2) Diversity Questiona. Diversity of citizenship + claim has to be 75,000 or more.- State- Foreign country * Use this as a guide to form the answer (opinion) to the question.2. A public state university has adopted a new policy under which the university’s health service may not prescribe any form of oral contraceptive (“the Pill”) to female students. The university justifies this policy by referring to extensive, widely accepted scientific research showing that long term use of the Pill can increase the risk of cervical and liver cancer. The university intends its policy to protect the health of female students. The health service may still distribute condoms to male students. A group of female students sues the university, arguing that the new policy violates their constitutional rights. a. What constitutional amendment(s) and clause(s) could the plaintiffs use in their case? (Name both the amendment and the clause


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GSU BUSA 2106 - Exam 1 Study Guide

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