BUS 140 Week 2 Ethic Quiz

BUS 140 Week 2 Ethic Quiz | MiraCosta College

Question 1

In which of the following documents must a party assert any affirmative defenses he or she may have against any allegations made by a plaintiff?  

Complaint  

Motion 

Summons

Question 2

How many days does a Defendant have to respond after being served a Complaint?  

10 days  

20 days  

30 days  

As many days as he needs 

Question 3

Moral principles, values and what constitutes right or wrong behavior are known as:  

Duties  

Standards of Care  

Ethics  

Ten Commandments 

Question 4

Which of the following is a tool of discovery used during the course of a civil lawsuit?  

Request for Admissions  

Interogatories  

Request for a physical examination  

All of the above 

Question 5

An accountant must exercise what standard of care when providing her services to a client?  

That equivalent to a tax attorney  

That of a reasonably prudent accountant, using GAAP and GAAS  

That of an ordinarily prudent person of any career  

Accountants do not have to exercise a standard of care

Question 6

The process of questioning potential jurors to determine if they have any biases or prejudices is called:  

Voir Dire  

Impaneling the Jury  

Challenging the Case  

Askus Wetell 

Question 7

Which of the following books assist attorneys and legal staff in civil litigation procedures?  

California Code of Civil Procedure  

Rules of Court  

Local Rules  

All of the above 

Question 8

Which of the following statements are true?  

All actions or behavior that are unethical are also unlawful.  

All actions or behavior that follow the boss’s direction are ethical and therefore, lawful.  

Actions or behavior that are lawful are always ethical.  

Actions or behavior that are lawful may still be unethical

Question 9

Which of the following best represents the usual process of trial?  

Opening arguments, plaintiff’s case, defendant’s case, closing arguments 

Opening arguments, defendant’s case, plaintiff’s case, closing arguments 

Opening statements, plaintiff’s case, defendant’s case, closing arguments  

Opening statements, defendant’s case, plaintiff’s case, closing arguments

Question 10

An out-of-court oral examination of a party under oath is known as a(n):  

Deposition  

Request for Testimony 

Verification 

Interrogation 

Question 11

The Sarbanes-Oxley Act assists companies in creating and keeping an ethical tone by:  

Imposing strict regulations on corporations 

Imposing an oversight board 

Imposing whistle-blowing options through confidential systems  

All of the above 

Question 12

During a trial, when an attorney is finished questioning his own witness and the opposing attorney begins to question the same witness, it is known as:  

Harassing the Witness  

Cross Examination  

Direct Examination  

Badgering the Witness 

Question 13

The formal notice that a lawsuit has begun and the defendant is the one being sued is known as a(n):  

Summons 

Eye Opener Notice 

Notification 

Service of Process 

Question 14

A type of out-of-court attempt to resolve a matter that involves a neutral third party who helps facilitate communication between the parties and is generally informal is called:  

Negotiation  

Mediation  

Arbitration  

Intervention 

Question 15

The motion filed when a party claims that there is “no triable issue of fact” is known as a(n):  

Motion to Dismiss  

Demurrer  

Motion for Summary Judgment  

Motion to Appeal 

Question 16

Which of the following is a method to promote good and proper ethics in a business environment?  

Provide training programs  

Set a good example 

Create a positive attitude 

All of the above 

Question 17

The step in a jury trial when the attorney outlines his case by telling the jury what the evidence will prove is known as the:  

Opening Argument 

Opening Statement 

Closing Argument  

Closing Statement 

Question 18

The process of going through the court system is called:  

Litigation  

Discovery  

Service  

Synthesis

Question 19

What is the best way for a defendant to be “served”?  

By leaving the documents under a pizza in a pizza box.  

By mailing a Dear John letter from his girlfriend 

By handing the documents directly to him 

By hiding the documents in a bouquet of roses 

Question 20

Written questions sent by one party to be answered by another party during the discovery process are known as:  

Interrogatories 

Depositions 

Request for Documents 

Requests for Inspection of Land 

Question 21

Which of the following matters are NOT discussed in the pre-trial conference?  

Jury Instructions 

Motions in Limine 

Strategies of the attorneys 

Witness List

Question 22

The document that is equivalent to a Motion to Dismiss in California and claims that the plaintiff “failed to state a cause of action” is known as a(n):  

Demurrer  

Summary Judgment  

Motion for Rehearing 

Motion for Mulligan

Question 23

A type of out-of-court attempt to resolve a matter that does not involve a neutral third party is called: 

Arbitration  

Mediation  

Negotiation  

Intervention

Question 24

Which of the following ways may a defendant be “served?”  

Personal Service  

Substitute Service  

Publication  

All of the above 

Question 25

The document in a lawsuit that sets forth the causes of actions and allegations against another party, usually described in separate numbered paragraphs is known as a(n):  

Complaint 

Motion  

Discovery 

Question 26

At trial, an attorney may argue his or her case to the jury during the:  

Opening Statement  

Opening Argument  

Closing Statement  

Closing Argument

Question 27

After the “boom!” which of the following is the first step in the litigation process?  

The defendant goes to court and explains why he should not be sued 

The defendant hides from a process server and denies knowing of the lawsuit  

The plaintiff hands the defendant a notice that he intends on suing the defendant  

The plaintiff files a complaint with the court and then serves the defendant

Question 28

  During the jury selection process, challenging a limited number of jurors and dismissing them for no particular reason, because of a hunch or a “bad vibe,” is known as:  

Challenges for Cause  

Peremptory Challenges  

Biased Based Challenges  

Challenges for Free 

Question 29

The process used by a one party to gather information from another party in a lawsuit is known as:  

Motions 

Pleadings 

Discovery  

Harrassment 

Question 30

The delivery of the summons and complaint in a legal action to the defendant(s) is called:  

Service of Process 

Notification of Action  

Process of Elimination  

Take Out Service 

Question 31

Once served with a complaint, the defendant has the option to:  

File a Demurrer  

File an Answer  

File a Cross-Complaint  

All of the above 

Question 32

WHO may serve a defendant in a civil lawsuit?  

Anyone not involved in the case and is an adult.  

Anyone who is over the age of 18 and who is not a party to the case.  

Only an attorney or process server may serve the defendant.  

Anyone can serve the defendant, even the plaintiff, as long as he/she is over the age of 18. 

Question 33

How may a Demurrer be used as a stategic or tactical tool during the course of litigation?  

It can stall for time to allow the Defendant to investigate the facts or prepare for additional defenses against the Plaintiff.  

It can be used to allow time for the Defendant to prepare for bankruptcy.  

It can be used to exhaust the Plaintiff's money/funds and be forced to drop the case against the Defendant. 

All of the above 

Question 34

What is the standard of care that a general practitioner of law must exercise when representing a client?  

That of every attorney regardless of skill, special knowledge or certification 

That of an ordinarily prudent person 

That of a reasonably prudent attorney with the same skill, experience and knowledge  

None of the above.  Attorneys do not have to exercise any care.

Question 35

During a trial, the examination of an attorney’s or party’s own witness is called:  

Cross Examination 

Direct Examination 

Rebuttal Examination 

Summation 

Question 36

Rosie and Donald have been involved in a dispute for quite some time.  They finally decided to try and resolve their matter out of court to avoid negative publicity.   In a formal setting, they presented their evidence supporting their respective side and the neutral third party, a retired judge, made a binding decision in the matter.  This best represents:  

Negotiation 

Mediation 

Arbitration 

Intervention 

Question 37

During the jury selection process, challenges that are unlimited when dismissing a potential juror when there is a clear bias or prejudice on the part of that juror are called:  

Challenges for Cause  

Peremptory Challenges  

Bias Based Challenges 

Challenges for Free 

Question 38

Which of the following is an example of a Motion in Limine?  

Motion in Limine to Limit Testimony  

Motion in Limine to Suppress Evidence  

Motion in Limine to impose a Gag Order  

All of the above

Question 39

Pre-printed forms that are available to the public to assist those who represent themselves are called:  

Pleading Packets  

Pleading Paper  

Judicial Council Forms  

Judiciary Court Packets

Question 40

What was the basis of appeal in the Exxon Valdez case?  

Exxon claimed the jury award for punitive damages was excessive  

Exxon claimed the jury did not understand the facts of the case  

Exxon claimed the fisherman should have to pay for the costs to clean up  

Exxon claimed the fisherman should fish elsewhere