Deck 30: How to Brief Cases and Analyze Case Problems

Question 1

In a brief filed in Gene's suit against Hoyt in a federal court,Ilsa,Gene's attorney,cites,Jon v.Klint,an unpublished opinion.According to a ruling of the United States Supreme Court,the judge in Gene's suit

A)may consider the unpublished opinion persuasive.
B)must apply the unpublished opinion as binding.
C)must ignore the unpublished opinion.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.

Answer 1

A

Question 2

In Eastside Grocery Company's suit against Fresh Foods,Inc. ,Fresh seeks to discover electronically stored information (ESI)that should be in Eastside's possession.If Eastside did not preserve the ESI despite a clear duty to do so,the company should most likely

A)ask the court to sanction Fresh for an unreasonable request.
B)reconstruct the ESI to the best of its ability.
C)refuse to provide the ESI on the ground that it is confidential.
D)settle the dispute.

Answer 2

D

Question 3

When a dispute arises between Geo Biotech Corporation and Hybrid Genetics Company,the firms retain a private judge to hear their arguments and issue a ruling without the public scrutiny of a regular trial.One of the potential long-term effects of such proceedings is

A)a decline in media reporting of regular court proceedings.
B)an increase in the application of the law in the genetics industry.
C)a strengthening of the biotechnology industry.
D)a weakening of the common law.

Answer 3

D

Question 4

World Investment & Trading,Inc. ,encourages its employees to build trust with its customers and other companies.A corporation that "outbehaves" its competition ethically

A)may outperform its competition financially.
B)most likely has fools for managers.
C)may succeed but is not likely to outperform its competition.
D)will undercut its profits and may not achieve business success.

Question 5

Sustainability-economic development that meets the needs of the present without compromising the ability of future generations to meet their needs-has been legislatively committed to by

A)no state statute or federal law.
B)at least one state-Oregon.
C)federal statutes only.
D)international law only.

Question 6

Energy Resources Company develops its marketing strategies in terms of what its management perceives as its ethical obligations,which represent its

A)legal liability.
B)profitability.
C)standards of right and wrong.
D)unilateral corporate duties.

Question 7

Commercial Wholesale,Inc. ,conducts its operations unethically,which,when revealed,will likely affect its

A)good will only.
B)profits only.
C)reputation only.
D)good will,profits,and reputation.