BUL 3310 - UNIT 1
A system focusing on the outcome of a decision is ____ . Self-interest theory All of the above Utilitarianism Profit maximization theory
All of the above
Components of Codes of Ethics often include ____ . Obey the law Be honest and open Treat people with respect All of the above
All of the above
Consequential systems, focusing on the outcome of a decision are ____. Utilitarianism Self-interest theory Profit maximization theory All of the above
All of the above
Rights/duties ethical systems are may be based on ____. Religious standards Philosophical principles A theory of social contracts Any of the above
All of the above
Fat Frank's Pies falsified federally mandated tests on his "all natural no calorie" "Fat Pies" to introduce a new type of weight-loss pie. Which of the following is true with respect to his actions: Fat Frank can potentially face criminal liability for his actions. A, B, and C A and B Fat Frank can be sued in tort in civil court. Fat Frank behaved unethically.
All of the above (A,B,C)
An important step in the application of the legal reasoning process is ____. Identifying the general area of the law Determining the relevant facts Deciding the specific legal rules applicable to the facts All of the above are important steps in the legal reasoning process
All of the above are important steps in the legal reasoning process
It is a violation of the separation of powers doctrine for State A to adopt a law identical to one adopted by State B.
False
The power of the judicial branch to declare that laws are invalid because they violate the Constitution is known as ______. Stare decisis Res judicata Quasi in rem jurisdiction Judicial review
Judicial review
Angela is a law student writing a law review article on the economic impact of certain white-collar crimes. She follows the ____ school of jurisprudence. Law and Economics Sociological Natural Law Positive Law
Law and economics
Angela is a law student writing a law review article on the economic impact of certain white-collar crimes. She follows the ____ school of jurisprudence. Positive Law Natural Law Law and Economics Sociological
Law and economics
One who is concerned with the impact of economics on the law likely is a follower of the ____ school of jurisprudence. Positive Law Natural Law Law and Economics Sociological
Law and economics
A syllogism is the style of argument used in deductive reasoning.
True
A system of ethics based upon rights and duties seeks to align ethical standards with moral absolutes.
True
According to the self-interest theory, "good" decisions benefit the individual making the decision.
True
An individual's best argument may be fashioned by the application of legal reasoning.
True
Analogical reasoning is different from deductive reasoning.
True
Analogical reasoning relies inferences drawn from previous similar situations.
True
Codes of Ethical Conduct adopted by businesses and professions often provide for sanctions against individuals who violate the code.
True
Criminal and taxing statutes are strictly and narrowly construed
True
Deductive reasoning is but one component of legal reasoning.
True
Deontological ethics refers to ethical systems based on rights and duties.
True
Employees take their ethical cues from the behavior of top management.
True
Ethical behavior often requires a higher standard than merely legal behavior
True
Ethical behavior often requires a higher standard than merely legal behavior.
True
Ethics involves the correctness of one's public behavior, while morality involves one's private beliefs.
True
In deciding a case, a court will not use common law if there is a statute that applies to the dispute.
True
In deciding a case, statutory law always supersedes common law.
True
It is good practice to include in a contract which state's law will govern disputes that arise under the contract.
True
Jurisprudence involves the study of the law as a philosophical system.
True
Legal realism holds the law is what judges rule it to be
True
Legal realism holds the law is what judges rule it to be.
True
Legal reasoning does not limits one`s ability to see more than one side of a question.
True
Malum per se criminal conduct is also repugnant to strongly held moral beliefs.
True
Many areas of law important to businesses are governed by the Uniform Commercial Code.
True
Many economists believe personal interest is a basis for a well-functioning economy.
True
One of the important powers of courts in the United States is to interpret legislation.
True
Principles of legal reasoning may successfully be applied to solving certain problems related to business strategies.
True
Systems of ethics, which focus on outcomes to determine the ethics of an act, are also called consequential systems.
True
The body of law that will be used to determine which state's law will apply in a multi-state transaction is conflict of laws.
True
The conclusion follows from the relationship between the major and minor premises.
True
The law in many European countries is based on codified statutes, not case precedents. Such law is classified as a civil system.
True
The purpose of the doctrine of stare decisis is to give certainty and predictability to the law
True
The town of Somerset passed a law forbidding parking on Main Street between the hours of 9:00 a.m. and 4:00 p.m. This is an example of an ordinance.
True
Tort law is a subset of private law that seeks to compensate the injured party for the loss caused by the actions of another.
True
Use of analogical reasoning involves the comparison of the facts of the current case with the facts in previously decided cases.
True
In common law, deductive reasoning precedes crafting of rules of law.
false
In deductive reasoning on draws a conclusion from a premise
false
Legal reasoning always yields a single, correct answer for any legal problem.
false
Legal reasoning limits one's ability to see more than one side of a question.
false
The laws in the U.S. do not provide a mechanism that would allow the intellectual property of a business to be license
false
The search for the truth is the focal point of all legal reasoning
false
Utilitarianism teaches an action that brings the greatest happiness to the largest number of a select group of people is ethical.
false
ethical conduct is also necessarily legal
false
knowledge of the law allows one to identify legal risks and completely eliminate liability flowing from those risks
false
________________is the theory of jurisprudence that believes that the law is simply the command of a government and that there is no necessary moral component to it.
positive law
A license of intellectual property is a contract which allows one firm to use the intellectual property of another in return for payment.
true
Corporations may consider the legal, ethical and philanthropic effects of corporate decisions
true
the justice theory of ethics seeks a just distribution of societal resources
true
deductive reasoning requires one to
use major and minor premises to draw logical conclusions
Which of the following are legal protections available to a business that allow a business to capitalize on the firms intellectual property
- a patent for an invention - a copyright for written work - protection for a trade secret
Res judicata is best defined as A court enforced promise A controversy that has been litigated and forever settled between the parties The ruling of a court of equity The legal basis for dicta in court opinions.
A controversy that has been litigated and forever settled between the parties
Courts may use which of the following to interpret the meaning and purpose of a piece of federal legislation? Rules of statutory interpretation Minutes of committee hearings The entire legislative history of the act All of the above may be used by the courts.
All of the above may be used by the courts.
Courts may use which of the following to interpret the meaning and purpose of a piece of federal legislation? The entire legislative history of the act Rules of statutory interpretation All of the above may be used by the courts. Minutes of committee hearings
All of the above must be used by the courts
Ethical standards are frequently enacted into laws and cited in court decisions ____. Because of the religious beliefs of attorneys and judges As a reflection of society's views of right and wrong Because of the views of the ruling class As a means of enforcing certain moral principles
As a reflection of society's views of right and wrong
Bob's Beer and Booze Barn classfies a clerk as a "managerial assistant" and assigns menial supervisory duties to this employee, that do not meet the department of labor (DOL) standards, to avoid paying overtime wages. Bob "knows" the clerk will not be aware that these new supervisory duties do not meet the requirements of the DOL and does not expect the department of labor will look into the classification if the clerk does not contest their status with the DOL. This practice is: Unethical and contrary to the spirit of the employment laws Unethical and contrary to the letter of the employment laws C and D A legitimate legal strategy to reduce labor costs and remain competitive Technically allowed since the employee has some managerial duties..
C and D
The theory of constitutional interpretation that is willing to reject precedent in order to address current social forces and needs is called Constitutional relativity Judicial Restraint Limited Judicial Review Pro bono republicae
Constitutional relativity
The trend is for more and more states to adopt uniform laws governing Criminal law Probate Procedures in Small Claims Courts Building codes
Criminal law
Which of the following is not a category of private law? Tort law Property law Contract law Criminal law
Criminal law
The belief that the law reflects the biases of a ruling class is a foundation of the ____ school of legal thought. Law and Economics Sociological Critical Legal Studies Legal Realism
Critical Legal Studies
That the biases of a ruling class are reflected in the laws passed is a belief of ____ adherents. Critical Legal Studies Sociological Law and Economics Legal Realism
Critical legal studies
Comments contained in judicial opinions that are not necessary to the decision of the case are called Procedural law Substantive law Res judicata Dicta
Dicta
Followers of the self-interest theory practice selfless acts because ____ . Doing so will benefit the individual making the decision Doing so will benefit society as a whole Doing a good deed will result in good deeds from others in return
Doing so will benefit the individual making the decision
The common law system in the United States has its roots in Ancient Rome France Ancient Greece England
England
If the laws of several jurisdictions are involved in a case, the doctrine of res judicata will determine which state law will apply.
False
A syllogism offered by Maria at trial has a false minor premise. The conclusion drawn from these premises must be valid.
False
All legal conduct is ethical?
False
Codes of Ethical Conduct adopted by corporations and professional associations have the same legal status as ordinances.
False
Codes of Ethical Conduct adopted by corporations and professional associations have the same legal status as statutes.
False
Contract and tort law are examples of public law
False
Criminal law is a subset of private law.
False
Critical thinking does not require deliberation in analyzing a problem
False
Critical thinking does not require deliberation in analyzing a problem.
False
Deductive and analogical reasoning alone are sufficient to comprise legal reasoning.
False
Dicta is another term for "controlling precedent."
False
Ethical conduct never brings about new laws.
False
Ethics concerns how one should behave based upon one's own concept of right and wrong.
False
Ethics means the same thing as morals.
False
If one obeys the law, one is not necessarily acting ethically because ethical standards of conduct and legal standards of conduct are identical.
False
Legal reasoning has as its goal persuasion without critical analysis of legal questions.
False
Once a dispute has been litigated and decided, stare decisis bars the parties involved from ever litigating the issue again.
False
Only decisions by the United States Supreme Court can have the status of res judicata.
False
Stare decisis, the doctrine giving rise to the importance of precedent, is not an example of analogical reasoning.
False
State X requires that a party who wants to appeal the decision of a trial court file a notice of appeal within 30 days of the verdict. This is an example of a substantive state law.
False
The Uniform Commercial Code is an important federal statute regulating interstate commerce.
False
The separation of powers doctrine applies only to the federal government and not to state governments
False
Tort law is a subset of general criminal law.
False
Courts often use transcripts of the legislative hearings and debates that preceded a law's passage to determine the purpose and reach of a law. This background is called a law's legislative ______ . Legacy History Antecedents Precedents
History
The Executive, Legislative, and Judicial branches of the federal government each have their own unique duties and functions. This arrangement constitutes an ______ separation of powers. Transitional Horizontal Equitable Vertical
Horizontal
The Executive, Legislative, and Judicial branches of the federal government each have their own unique duties and functions. This arrangement constitutes an__________separation of powers. Vertical Horizontal Equitable Transitional
Horizontal
The Executive, Legislative, and Judicial branches of the federal government each have their own unique duties and functions. This arrangement constitutes an__________separation of powers. Vertical Horizontal Transitional Equitable
Horizontal
An important initial step in the legal reasoning process is
Identifying the general area of the law at issue
Common law is also known as ______ law. Statutory Public Codified Judge-made
Judge-made
Anne, a resident of New York, is suing Bill, also a resident of New York, in a contract dispute that is governed by New York state law. This controversy would be classified as an ______ case. Interstate Intrastate Sited Bifurcated
Intrastate
Maya, who lives in Maryland, hired Mark, a contractor who lives and is licensed in Maryland, to renovate her home. The contract is governed by Maryland law. Should a dispute arise over the contract, it would be classified as a(n)---------------case. Bifurcated Uniform Intrastate Interstate
Intrastate
Which of the following statements about res judicata is correct? It establishes a precedent that will be applied to future cases with similar fact patterns. It is another term for dicta. It binds the parties to the decisions in a lawsuit so that neither can re-litigate the case. It is the legal basis of the courts power of judicial review.
It binds the parties to the decisions in a lawsuit so that neither can re-litigate the case.
Which of the following statements about the Uniform Commercial Code is true?
It consists in identical statutes enacted by the states to provide consistent and uniform laws for commercial transactions
A civil law system is based on ______ and a common law system is based on ______. Legislative codes?..judicial decisions Judicial decisions?.legislative codes Precedents?.written constitutions None of the above is a valid distinction between civil law and common law systems
Legislative codes?..judicial decisions
The Supreme Court case that created the doctrine of judicial review is Roe v. Wade Kelo v. City of New London Marbury v. Madison Wickard v. Filburn
Marbury v. Madison
The doctrine of judicial review was first articulated in The Declaration of Independence Article II of the Constitution Marbury v. Madison Roe v Wade
Marbury v. Madison
Prof. Johnson is a law professor who teaches the existence of a higher authority than the state binding human behavior. She is an adherent of the ____ school of jurisprudence. Positive Law Natural Law Law and Economics Legal Realism
Natural Law
Prof. Johnson is a law professor who teaches the existence of a higher authority than the state binding human behavior. She is an adherent of the ____ school of jurisprudence. Positive Law Legal Realism Natural Law Law and Economics
Natural law
____is the theory of jurisprudence which believes there are higher legal and moral authorities than the State and laws should reflect them. sociological positive law natural law legal realism
Natural law
The City of Sunnydale enacted a law limiting to 4 the number of unrelated individuals who can live together in a house or apartment. This city law has the status of an____________. Statute Ordinance Uniform code Executive agency regulation
Ordinance
The triple bottom line model encourages corporations to consider the effect of their decisions on ____ . Planet Profit People All of the above
Planet, profit, people
________________is the theory of jurisprudence that believes that the law is simply the command of a government and that there is no necessary moral component to it. natural law positive law legal realism sociological
Positive law
A state Statute of Limitations which requires that suits for breach of contract be filed within 2 years of the date of breach are examples of ______ laws. Procedural Judge-made Substantive Inculpatory
Procedural
A state statute requiring that medical malpractice suits be initiated within 3 years of the injury is an example of a(n) ______ law. Substantive Inculpatory Exculpatory Procedural
Procedural
Rules of the court room are classified as Dicta Res judicata Substantive law Procedural law
Procedural law
Profit-maximization theory holds ____. Maximizing profits is the only rational imperative Rational self-interest can lead to economic prosperity Laissez-faire capitalism is the highest economic good The invisible hand maximizes profits
Rational self-interest can lead to economic prosperity
Codes of Ethics do not encourage ____ . Fairness Honesty Self-aggrandizement Courtesy
Self-aggrandizement
Codes of Ethics are not based upon ____. Fairness Honesty Self-regard Self-restraint
Self-regard
Timothy believes the law should reflect societal values, which may change over time. He is an adherent of the ____ school. Natural Law Sociological Legal Realism Law and Economics
Sociological
Stare decisis translates as the thing is done that ought to be done stand and be recognized stand by the decision the decision of the sovereign
Stand by the decision
Assume that the Vermont legislature passed a bill prohibiting the sale within the state of detergents containing certain chemicals harmful to the environment. Assume further that the governor signed the bill into law. This law has the status of a(n) ______ . Executive agency regulation Statute Ordinance Uniform code
Statue
Legislation passed by Congress and signed into law by the President is classified as a(n) ______ _ Ordinance Statute Agency regulation Executive order
Statue
The Congress of the United States passed the Soldiers' and Sailors' Relief Act of 1940 and President Franklin Roosevelt signed it into law. This Act has the status of an____________. Uniform code Ordinance Executive agency regulation Statute
Statue
Legislation passed by Congress and signed into law by the President is classified as a(n) ______ _ Statute Ordinance Agency regulation Executive order
Statute
Maximizing utility may involve ____. The impact of a decision on relationships and health One's perception of oneself Philosophical advantages of a decision One's personal benefit
The impact of a decision on relationships and health
Rights/duties ethical systems are not concerned with ____ . Religious standards Philosophical principles A theory of social contracts The result of a decision or course of action
The result of a decision or course of action
Bob's Beer Barn and Booze is in a price war with Lucy Liquor's. Bob has talked to his attorney to find out if he can illegally bring a meritless lawsuit against Lucy that may potentially shut her down. Which of the following best characterizes this scenario. This type of legal action cannot be ethically or legally justified. This action is certainly legal, but not ethical. Everyone knows Lucy sells her liqour cheap, so bob's action is ethical. None of the above This legal course of action is legal and ethical
This type of legal action cannot be ethically or legally justified
The societal belief that "people who injure other persons or their property should compensate them for their loss" is the basis of Tort law Public law Criminal law Administrative law
Tort Law
A basic principle of statutory interpretation is that specific provisions in the statute are of greater weight than general provisions.
True
Gaggle Inc. decides to wrongly infringe on Chirp Chirp's patent and establish a similar "knock-off" product because Chirp Chirp is just a small start-up company and they lack the money to litigate in court with Gaggle, Inc. Gaggle, Inc. is: acting ethically...business is war. None of the above Ethically challenging the role of patent rights in society Unethically exploiting their power and size in the marketplace. Ethically using the civil legal system just like everyone else.
Unethically exploiting their power and size in the marketplace
The federal government and state governments, although they share a similar structure, have their own unique duties and functions. This division of sovereign power between the state and federal level is called a(n)----------separation of powers. Vertical Horizontal Bipartisan Bilateral
Vertical
he Internal Revenue Service IRS wants to fine Mike for violating a section of the Tax Code. Mike believes that the IRS is misinterpreting the Code and that he has violated no laws. The Code section is complex and its application is not clear. Using standard rules of statutory interpretation, the court that hears this case will favor the government IRS because it is the author of the law. look to dicta in previous cases involving the IRS. construe the punishment provision of the statute strictly in favor of Mike. refer the issue to a special master in equity.
construe the punishment provision of the statute strictly in favor of Mike.
A follower of utilitarianism must engage in _________
cost benefit analysis
Deductive reasoning does not allow one to make inferences from facts to make a legal conclusion use major and minor premises to draw logical conclusions derive the correct premises from a logical conclusion draw conclusions from similar cased decided in the past
draw conclusions from similar cased decided in the past
is the theory of jurisprudence which holds the decisions of those charged with administering the law, such as judges and juries, determines what the law is
legal realism
Sen. Harris, addressing Senators on the subject of protests against surveillance laws, insists these laws be obeyed as written. Sen. Harris is a ____ school adherent
positive law
The important common law doctrine that means "to stand by the decision" is
stare decisis
A federal law requires that employers with 15 or more employees take steps to "reasonably accommodate" the religious needs and practices of their employees. A law, such as this one, that gives rights and imposes duties is an example of an ______ law
substantive
crimes such as selling or possessing certain drugs or possessing certain weapons are malum prohibitum crimes because
such crimes are designated as criminal by society
Which of the following statements about the Uniform Commercial Code UCC is correct?
the UCC consists of identical statutes enacted by the states to provide businesses with consistent and predictable laws