BUL exam 1 practice questions

The American legal system has been strongly influenced by: a. English law. b. Russian law. c. Italian law. d. Mexican law.

a. English law

Nicole, a university student, adheres to the principle of not cheating on school work, because if everyone cheated on their school work, then the grades would be meaningless. The ethical principle she adheres to is based on: a. Kant's categorical imperative. b. utilitarianism. c. the principle of rights. d. religious teachings.

a. Kant's categorical imperative.

A federal court can exercise jurisdiction if a case involves which of the following a. a federal law. b. state law and more than three parties who are all from the same state. c. more than five defendants. d. a matter of state law only.

a. a federal law.

The party who appeals a trial court's judgment is known as the a. appellant. b. defendant. c. plaintiff. d. appellee.

a. appellant.

Scott Jensen owned two hundred acres of farmland in California. A creek flowed through the land, and Jensen used water from the creek to irrigate his crops. The water was adequate for his needs. Wesley Sarvis purchased farmland upstream from Jensen's property and began using water from the creek to irrigate. Claiming that he had exclusive rights to the water, Jensen filed a lawsuit in a California state court against Sarvis for using the water. The court held that Jensen and Sarvis had to divide their water use equally and that each of them was entitled to use the water every other week. Fifty years later, a similar dispute arose between two more California farmers. Bo Ellis lived upstream from Faye Deason. Deason claimed that she had exclusive rights to the water and filed a lawsuit in a California state court against Ellis for his use of the water. In the second case, Deason v. Ellis, the court will most likely: a. apply stare decisis and divide the water rights because the facts of the two cases are similar. b. refuse to apply stare decisis and overturn the rule because the facts of the cases are not similar. c. refuse to apply stare decisis and overturn the rule because so much time has passed. d. apply stare decisis and give Ellis exclusive rights to the water.

a. apply stare decisis and divide the water rights because the facts of the two cases are similar.

If you are a victim of false imprisonment, you are: a. confined or restrained by another person intentionally and without justification. b. made fearful of an unwanted contact with another person. c. intentionally bad-mouthed by another person. d. touched by another person in an unwanted or offensive way.

a. confined or restrained by another person intentionally and without justification.

A Minnesota state statute restricts certain kinds of advertising to protect consumers from being misled. A court would likely hold this statute to be: a. constitutional under the First Amendment. b. constitutional under the Fourteenth Amendment. c. constitutional under the Fifth Amendment. d. an unconstitutional restriction of free speech.

a. constitutional under the First Amendment.

Jewel's Office Supply made a commitment to increase the percentage of its supplies that are made from recycled materials. It also allows its employees time off to do volunteer work and sponsors several local sports teams. This is an example of: a. corporate citizenship. b. the principle of rights. c. the moral minimum. d. a corporate compliance program.

a. corporate citizenship.

Serena and Cliff are getting a divorce. Cliff is suing Serena for custody of their two young sons. This case will be heard in a(n) a. court of limited jurisdiction. b. federal court. c. appellate court. d. court of general jurisdiction.

a. court of limited jurisdiction.

A judgment entered by a court against a defendant who fails to file an answer or make an appearance before the court is called a a. default judgment. b. motion for directed verdict. c. summary judgment. d. motion to dismiss.

a. default judgment.

In a lawsuit against Sharon Fruit Distributors, the plaintiff's lawyer requests access to the company president's laptop in order to obtain information about the files stored there: who created them, when they were created, and when they were accessed. This information is a. e-evidence. b. direct examination. c. an interrogatory. d. a deposition.

a. e-evidence Evidence consisting of computer-generated or electronically recorded information.

Sam is the president of a large company and wants to ensure an ethical culture throughout the business. One way for him to accomplish this would be to: a. implement an ethics training program to educate employees about the company's policies. b. weed out unethical employees through Internet searches. c. depend upon employees to model ethical behavior for management. d. make each individual department responsible for its members' ethical behavior.

a. implement an ethics training program to educate employees about the company's policies.

The federal government has the constitutional authority to regulate business enterprises: a. in the United States that are involved in interstate commerce. b. that involve international commerce. c. that are located in North America. d. that are not involved in interstate commerce.

a. in the United States that are involved in interstate commerce.

In order to commit an intentional tort, a person must cause harm and: a. intend to commit the act that caused harm. b. communicate with a third party about the action that caused harm. c. personally know the person who suffered harm. d. commit the harm within the state in which he or she lives.

a. intend to commit the act that caused harm.

A law proposes to restrict women of child-bearing age from working with certain dangerous chemicals. This law would be subject to: a. intermediate scrutiny. b. the free exercise clause. c. the rational basis test. d. strict scrutiny.

a. intermediate scrutiny.

Under the First Amendment, commercial speech is given: a. less protection than noncommercial speech. b. the same protection as noncommercial speech. c. more protection than noncommercial speech. d. no protection.

a. less protection than noncommercial speech.

Brad, a homeowner, files a lawsuit against Ed, his construction contractor. Prior to trial, they meet with their attorneys to try to resolve their dispute before going to trial. This proceeding is known as a. negotiation. b. early neutral case evaluation. c. a summary jury trial. d. arbitration.

a. negotiation.

Bob is a resident of Ohio and borrows $50,000 from a bank in New York. When he defaults on the loan, the bank sues Bob in federal court. The federal court has a. no jurisdiction. b. concurrent jurisdiction. c. diversity jurisdiction. d. in rem jurisdiction.

a. no jurisdiction.

The basic purpose of tort law is to: a. provide remedies for acts that cause physical injury. b. ensure that Congress does not overstep its legal authority. c. punish criminal wrongdoers. d. make sure that citizens follow appropriate immigration regulations.

a. provide remedies for acts that cause physical injury.

Duty-based ethical standards often derive from: a. revealed truths. b. administrative agency rulings. c. civil law codes. d. environmental regulations.

a. revealed truths. Duty-based ethical standards often are derived from revealed truths, such as religious precepts. They can also be derived through philosophical reasoning.

In order to be effective, a corporate compliance program: a. should be monitored and coordinated by a committee that is separate from the corporation's various departments. b. should be undertaken by each separate department in a corporation according to its unique culture. c. usually moves in a bottom-up fashion, with employees influencing managers to put ethical standards in place. d. need not be any more involved than a written ethical code of conduct.

a. should be monitored and coordinated by a committee that is separate from the corporation's various departments.

Judges are obligated to follow the precedents established within their jurisdictions under the doctrine of: a. stare decisis. b. common law. c. precedent. d. equity.

a. stare decisis.

A company's French subsidiary is taken to court in France, which is governed by the civil law system. The judge in this case will be bound by: a. statutory code. b. case precedent. c. international law. d. treaties.

a. statutory code.

If you defame someone, you injure: a. that person's good reputation. b. yourself. c. the judiciary. d. the person bodily.

a. that person's good reputation.

Jeri takes a very straightforward approach to decision making in her role as a corporate officer. She doesn't want to cause the company any trouble, but as she sees it, as long as it's legal, it's OK. This is the idea of: a. the moral minimum. b. moral relativism. c. corporate citizenship. d. cost-benefit analysis.

a. the moral minimum.

Remedies are best described as: a. the relief given to innocent parties to enforce a right or to prevent a wrong. b. causes of action. c. statutes against theft. d. legal principles that underlie previous court decisions.

a. the relief given to innocent parties to enforce a right or to prevent a wrong.

Ralph Young was a commercial tour boat operator on the northern coast of Kauai, Hawaii. He was licensed by the state of Hawaii to operate his boat in Hanalei Bay. The U.S. Department of Transportation and the U.S. Coast Guard had also specifically granted Young an unrestricted license to operate his boats in Hanalei Bay. Hawaii subsequently passed a law that banned all commercial use of Hanalei Bay. The state refused to renew Young's state license, and he was not allowed to operate his vessel under his federal licenses. Young filed a lawsuit against the state alleging that the state law that prohibited him from operating his boat conflicted with the federal law that authorized him to do so. The court probably found that the state law was: a. unconstitutional under the supremacy clause. b. constitutional under the due process clause. c. unconstitutional under the equal protection clause. d. constitutional under the supremacy clause.

a. unconstitutional under the supremacy clause.

Congress passes a law that requires straight mud flaps be installed on trucks (18 wheelers) and tractor trailers by the manufacturers to minimize water, mud, snow, and ice from being thrown into the windshields of nearby vehicles. Due to a recent increase in accidents caused by snow and ice being thrown into the windshields of passing vehicles, the state of Colorado passes a law that requires a contoured mud flap on any trucks and tractor trailers that drive on Colorado roads. Texas Trucking Company, Inc. is a trucking company with a fleet of 100 trucks that operates out of Amarillo, Texas, and regularly makes deliveries to Colorado. It will cost the company more than $100,000 to purchase and install new mud flaps on its trucks and tractor trailers. It files suit against the state of Colorado in a Colorado federal court claiming the state law violates the commerce clause. The court will likely rule that: a. Colorado has the right to enact laws that regulate its roads. b. Colorado has violated the commerce clause. c. Colorado has the right to regulate activities within Colorado's borders. d. Colorado has the right to promote the public order, health, safety, morals, or general welfare.

b. Colorado has violated the commerce clause.

To address the issue of certain payments by U.S. businesspersons to government officials in foreign countries in an attempt to secure advantageous contracts, Congress passed the: a. Civil Rights Act of 1964. b. Foreign Corrupt Practices Act. c. Cost-Benefit Analysis Act. d. Corporate Social Responsibility Act.

b. Foreign Corrupt Practices Act

A dispute arises between Calvin and Patrick, who own a business together. They have tried but are unable to work it out between themselves, but they value their business relationship and want to be able to continue to work together. How should they go about settling their dispute? a. Negotiation b. Mediation c. Arbitration d. Filing a complaint in court

b. Mediation

Which of the following is not an intentional tort against property? a. Trespass to land b. Wrongful interference c. Conversion d. Trespass to personal property

b. Wrongful interference

A tort is: a. being late. b. a civil wrong. c. a court. d. a punishment.

b. a civil wrong.

The act that requires certain companies to set up confidential systems so that "red flags" can be raised about suspected illegal and unethical business practices is called the: a. Enron Espionage Act. b. Sarbanes-Oxley Act. c. Private Compliance Act. d. Litigation of Ethics Act.

b. Sarbanes-Oxley Act. Congress enacted the Sarbanes-Oxley Act to help reduce corporate fraud and unethical management decisions. Among other things, the act calls for a greater degree of government oversight of public accounting practices.

The supreme law of the land is the: a. set of federal administrative regulations. b. U.S. Constitution. c. federal code. d. common law.

b. U.S. Constitution.

Which of these is a type of outcome-based ethics? a. Kantian ethics b. Utilitarianism c. The principle of rights d. Religious ethical standards

b. Utilitarianism

One of the first pleadings filed by the defendant in a typical lawsuit is a. pre-trial motions. b. an answer c. interrogatories. d. an appeal.

b. an answer

The clause in the federal Constitution that has had the greatest impact on business is the: a. taxing and spending clause. b. commerce clause. c. separation of powers. d. Tenth Amendment.

b. commerce clause. Constitutional provision that gives Congress the power to regulate commerce.

The "Tabulauet" was a tablet computer made by Tabulauet, Ltd., a technology startup company in California. Doug Smith, a citizen of Florida, read an ad for the Tabulauet while searching the Internet and pre-ordered a Tabulauet from the company's website for $499 plus tax. Tabulauet was unable to raise enough funds to manufacture the product and went out of business. Doug was unable to contact the company as the phone line had been disconnected and emails were returned undelivered. He filed suit in federal court in Florida for breach of contract. Tabulauet responded to the suit and asked the court to dismiss the case, arguing that the federal court in Florida did not have jurisdiction over Tabulauet. The court most likely a. refused to dismiss the case because it was not fair to make Doug travel to California for trial. b. dismissed the case because the federal court diversity-of-citizenship requirements had not been met. c. refused to dismiss the case because the defendant had placed the product in the stream of commerce in Florida and was subject to being sued in Florida. d. dismissed the case because Florida did not have personal jurisdiction over the defendant.

b. dismissed the case because the federal court diversity-of-citizenship requirements had not been met. Diversity-of-citizenship: Situation in which parties to a lawsuit are citizens of different states or countries.

Transpac Corp. and Alliance, Inc., agree to a contract that includes a binding arbitration clause. After a dispute arises between the parties, the case goes to arbitration. The arbitrator finds in Transpac's favor. Alliance files a lawsuit, alleging that the award should not be enforced because the arbitrator made a minor error in her findings of fact. The court will likely a. set aside the arbitrator's award. b. do none of these actions. c. review the merits of the dispute. d. review the sufficiency of the award.

b. do none of these actions.

Jackie is the lowest-producing member of her team, and the company is thinking of cutting her position in order to make some technological upgrades. Jackie's manager Sarah is reluctant to let her go, however, because she knows that Jackie has two young children to support and has been caring for her ailing mother. Sarah is applying: a. corporate social responsibility. b. duty-based ethics. c. Kant's categorical imperative. d. utilitarianism.

b. duty-based ethics.

The Georgia state legislature passes a law raising the speed limit on certain roads. This law becomes part of a body of law known as: a. administrative law. b. statutory law. c. case law. d. the uniform commercial code.

b. statutory law. Statutory law: Laws enacted by a legislative body.

A Delaware law allowed electrical contractors doing state-funded work to pay lower wage rates to apprentices if the contractors had registered their apprenticeship programs in the state. Out-of-state contractors, however, could not pay the lower rate unless they maintained a permanent office in Delaware. If an out-of-state contractor files suit claiming that Delaware's regulations discriminate against out-of-state contractors, the federal court will probably: a. find the law to be unconstitutional as an unreasonable restriction on fundamental rights. b. find the law to be in violation of the dormant commerce clause. c. find the law to be valid because state regulations take precedence over federal regulations. d. find the law to be justified because there are no nondiscriminatory alternatives.

b. find the law to be in violation of the dormant commerce clause.

Bob Noll is a state appeals court judge. In making judicial decisions, Judge Noll issues rulings that are consistent with precedents established in similar cases within his jurisdiction. Judge Noll is following the principle of: a. his own personal views. b. stare decisis. c. the Constitution. d. equity.

b. stare decisis. Stare decisis: A doctrine under which judges must follow established precedents.

A traditional type of ADR by which a third party works with both sides to facilitate a resolution is called a. negotiation. b. mediation. c. arbitration. d. online dispute resolution.

b. mediation. Mediation: The use of a neutral third party to facilitate a settlement. ADR: Alternative dispute resolution

Corina was a five-year-old girl when her uncle bought a handgun manufactured by Aldo Uberti and Co., an Italian company. The uncle wrapped the gun in a towel and placed it under the seat of his car. Corina was helping her uncle clean out his car when the gun fell out of the towel, hit the pavement, and discharged. The bullet struck Corina in the head and killed her. Corina's parents filed a suit in an Arizona state trial court against Uberti. Uberti asked the court to dismiss the case on the ground that the parents lacked standing to sue. The court probably a. dismissed the case because Corina's parents lacked standing. b. refused to dismiss the case, because Corina's parents had standing. c. dismissed the case because the court lacked original jurisdiction. d. refused to dismiss the case, because venue was proper.

b. refused to dismiss the case, because Corina's parents had standing.

Congress passes a law prohibiting the sale of cigars from certain countries in the United States. Soon thereafter, the Florida state legislature passes a law allowing the prohibited cigars to be sold in Florida. If the constitutionality of the Florida law is challenged in court, it will most likely be: a. upheld on the basis of the supremacy clause. b. struck down on the basis of the supremacy clause. c. upheld because Congress did not intend to prohibit individual states from enacting laws regarding cigars. d. struck down on the basis of the due process clause.

b. struck down on the basis of the supremacy clause. Supremacy clause: Provision that declares the Constitution "the supreme Law of the Land."

The first ten amendments to the U.S. Constitution are known as: a. the Bill of Rejoinder. b. the Bill of Rights. c. the Magna Carta. d. the Declaration of Man's Rights.

b. the Bill of Rights.

Oklahoma enacts a law requiring all businesses in the state to donate 10 percent of their profits to churches that provide certain services to persons whose income is below the poverty level. PriceLess Stores files a suit to block the law's enforcement. The court would likely hold that this law violates: a. no amendment in the U.S. Constitution. b. the First Amendment. c. the Fifth Amendment. d. the Fourteenth Amendment.

b. the First Amendment.

The body of law that evolved from court decisions in actual legal disputes is: a. regulatory law. b. the common law. c. the law of Indian affairs. d. international law.

b. the common law

Two fundamental approaches to ethical reasoning in a business environment are: a. the regulatory and command approaches. b. the duty-based and outcome-based approaches. c. the existentialist and postmodernist approaches. d. the rationalist and irrationalist approaches.

b. the duty-based and outcome-based approaches.

The equal protection clause essentially says that: a. the government is prohibited from establishing a state-sponsored religion. b. the government must treat similarly situated individuals in a similar manner. c. federal laws supersede state laws. d. the federal government has the power to regulate interstate commerce.

b. the government must treat similarly situated individuals in a similar manner.

A body of enforceable rules governing relationships among individuals and between individuals and their society is known as: a. common law. b. the law. c. statutory law. d. the constitution.

b. the law

A state legislature decides that the drinking age and the voting age should be the same and therefore raises the voting age to 21. This law would be: a. a civil law. b. unconstitutional. c. an administrative law. d. punishable in criminal court.

b. unconstitutional.

Matthew worked at the courthouse as a bailiff. His fiancée, Lisa, worked for an airline whose responsibility was to mail frequent flyer vouchers to customers. On a number of occasions, Lisa would take a few vouchers for herself instead of mailing them out and would then give them to Matthew to sell, as they planned to use the money for their honeymoon. The actual passengers were not harmed by and did not complain of the deception. Lisa and Matthew's behavior is: a. unethical, because passengers did not suffer monetary damages. b. unethical, because their actions constituted theft from the airlines. c. ethical, because the passengers were not harmed. d. ethical, even though it was illegal.

b. unethical, because their actions constituted theft from the airlines.

Business ethics focuses on: a. how government intervention results in unethical treatment of groups. b. what constitutes ethical behavior in the business world. c. how businesses can best accommodate regulatory requirements. d. how businesses are treated under the law.

b. what constitutes ethical behavior in the business world.

Ethics can be defined as the study of: a. what is a voluntary exchange. b. what constitutes right or wrong behavior. c. psychological phenomena in business decisions. d. beliefs in otherworldly beings.

b. what constitutes right or wrong behavior.

One of the differences between tort law and criminal law is: a. the state prosecutes and punishes civil actions. b. with a tort, an individual brings a personal suit against another to obtain compensation or relief. c. the punishment for a tort is imprisonment. d. a tort is considered a wrong against society.

b. with a tort, an individual brings a personal suit against another to obtain compensation or relief.

Arthur Craft entered into a contract with Henderson's Helmets to supply bicycle helmets for his sporting goods store. If Henderson's fails to provide the agreed-upon shipment of helmets, a court injunction: a. may involve imprisonment for officers of Henderson's. b. would direct Henderson's to deliver the goods per the contract. c. would award monetary damages to Craft. d. relies on the criminal statutes in that jurisdiction.

b. would direct Henderson's to deliver the goods per the contract.

The commerce clause of the U.S. Constitution authorizes: a. the executive branch to regulate commerce. b. the states to regulate commerce and foreign trade. c. Congress to regulate commerce. d. the judicial branch to regulate commerce.

c. Congress to regulate commerce.

A new law provides that employers are not required to allow employees any vacation days each year, and that it is up to the discretion of the company. DDT Business Solutions had allowed its employees a minimum of seven vacation days each year, and has stated that it will continue to do so. The company has acted: a. unethically. b. in ignorance of the law. c. ethically. d. illegally.

c. ethically.

Tom and Cindy devise a plan for their company that will force their suppliers to sell to them significantly below standard prices. Under their plan, the suppliers will be powerless to refuse, and the company stands to save millions of dollars. When they propose the plan to their manager, Jack, however, he is skeptical about the sustainability of such a plan and reluctant to act on it. If other companies were to also put such a plan in place, it would be detrimental to the entire industry. Jack's reasoning is based on: a. the moral minimum. b. the principle of rights theory. c. Kant's categorical imperative. d. corporate citizenship

c. Kant's categorical imperative. Kant believed that individuals should evaluate their actions in light of the consequences that would follow if everyone in society acted in the same way

Which of the following is not a defense available to a person who is sued for assault and battery? a. Defense of others b. Defense of property c. Lack of consent d. Self-defense

c. Lack of consent

The Bill of Rights contains a list of protections for the individual against governmental interference. Which of the following is true? a. All of the protections in the Bill of Rights apply to corporations. b. None of the protections in the Bill of Rights apply to corporations. c. Some of the protections in the Bill of Rights apply to corporations. d. Only the First Amendment applies to corporations.

c. Some of the protections in the Bill of Rights apply to corporations.

Which of the following is an example of the checks and balances that the Constitution uses to prevent the national government from using its power arbitrarily? a. The judicial branch is responsible for foreign affairs, but treaties with foreign governments require the advice and consent of the Senate. b. The judicial branch makes the laws, the legislative branch enforces the laws, and the executive branch interprets the laws. c. The legislative branch can enact a law, but the executive branch has the constitutional authority to veto that law. d. Congress appoints federal judges, and the president determines the jurisdiction of the federal courts.

c. The legislative branch can enact a law, but the executive branch has the constitutional authority to veto that law.

In order to keep her manufacturing business in legal compliance, Janice Tucker must understand the clean water regulations created by the Environmental Protection Agency. These regulations are: a. case law. b. injunctions. c. administrative law. d. statutory law.

c. administrative law.

The typical state court system is made up of trial courts and a. criminal courts. b. family law courts. c. appellate courts. d. administrative law courts.

c. appellate courts

Under the federal Constitution, the president can veto or sign the legislation that Congress enacts. This veto power by the president demonstrates the principle of: a. privileges and immunities. b. full faith and credit. c. checks and balances. d. the supremacy clause.

c. checks and balances. Checks and balances: Divisions of power among the branches of government.

A lawsuit begins when a lawyer files a a. default judgment. b. deposition. c. complaint. d. motion.

c. complaint.

Don operates a title company and wants to ensure his employees understand the company's ethical priorities. The most effective way to achieve this objective is to: a. develop a corporate compliance program. b. create an audit committee. c. develop a code of conduct. d. subscribe to an online confidential reporting system.

c. develop a code of conduct.

The system of checks and balances set forth in the U.S. Constitution allows: a. the executive branch to dominate all the other branches. b. the judicial branch to have the final say on any issue. c. each branch to limit the actions of the other branches. d. the legislative branch to tell the judges what to do.

c. each branch to limit the actions of the other branches.

Before a person can bring a lawsuit before the court, the party must a. file a writ of cert. b. file an answer. c. have standing to sue. d. file a motion.

c. have standing to sue.

The simplest form of alternative dispute resolution (ADR) is a. mediation. b. online dispute resolution. c. negotiation. d. arbitration.

c. negotiation. negotiation: An attempt to settle a dispute without going to court. Or, the transfer of a negotiable instrument to a holder.

Playtime, Inc., manufactures the Whirligig, a toy that the company discovers can cause serious harm. Before anyone is injured, Anne, a pediatric nurse who has not purchased a Whirligig, files a suit against Playtime. In seeking to have the suit dismissed, Playtime's best argument is that Anne does not have a. judicial review. b. jurisdiction. c. standing to sue. d. certiorari.

c. standing to sue.

If an Ohio law prohibits African Americans from opening businesses in a certain area of town, the law will be subject to: a. substantive due process. b. the rational basis test. c. strict scrutiny. d. intermediate scrutiny.

c. strict scrutiny.

A state law that directly conflicts with a federal law is invalid under the: a. equal protection clause. b. establishment clause. c. supremacy clause. d. commerce clause.

c. supremacy clause.

The CDC wants to release information regarding patients who have contracted a serious and highly contagious disease. This action will be subject to: a. the Electronic Communications Privacy Act. b. the Freedom of Information Act. c. the Privacy Act. d. strict scrutiny.

c. the Privacy Act.

James robbed George of his money at gunpoint. James is apprehended by the police, and his criminal case is pursued by: a. the NCCUSL. b. George. c. the government. d. the civil law system.

c. the government.

International law sources include: a. international organizations. b. treaties only. c. the laws of individual nations, customs, and treaties. d. the laws of individual nations only.

c. the laws of individual nations, customs, and treaties.

Legal compliance is regarded as a moral minimum, which means: a. simply obeying the law. b. business firms can predict with a fair amount of certainty whether a given action would be legal. c. the lowest standard of business behavior that society will tolerate. d. the legality of a particular action is not always clear.

c. the lowest standard of business behavior that society will tolerate.

Ricky loses his breach-of-contract case against Glenn in an Oklahoma state trial court. Ricky appeals to the state court of appeals. Losing again, he files his next appeal with a. the United States Supreme Court. b. a U.S. circuit court of appeals. c. the state supreme court. d. a U.S. district court.

c. the state supreme court.

A Rhode Island state statute imposes a prison term, without trial, on all street vendors who operate in certain areas. A court would likely hold this statute to be: a. unconstitutional under the equal protection clause. b. constitutional under the equal protection clause. c. unconstitutional under the due process clause. d. constitutional under the due process clause.

c. unconstitutional under the due process clause.

Walter's company, a U.S. business, has been constructing buildings in a foreign country for the last year. To ensure his company is able to gain an advantage over procuring the construction contracts and to exclude the competition, Walter has been paying foreign government officials money on the side. His actions are likely illegal and in violation of the: a. Business Ethics and Law Act. b. Cost-Benefit Analysis Act. c. Unfair Anti-Competition in Foreign Countries Act. d. Foreign Corrupt Practices Act.

d. Foreign Corrupt Practices Act.

A state legislature passes a statute prohibiting all businesses from speaking out about any political candidate. If a group of store owners challenges the constitutionality of the law in court, will the law be upheld? a. No, because the store owners do not have privileges and immunities. b. Yes, because political speech is often significantly restricted. c. Yes, because the law only prohibits certain political speech. d. No, because the law is an unconstitutional restriction on free speech.

d. No, because the law is an unconstitutional restriction on free speech.

Don's accounting firm is preparing an audit of a large publicly traded corporation. Don approaches his manager about some irregularities regarding the company's earnings report but is told to "let it slide." Don fears that this may be a violation of the: a. Uniform Commercial Code. b. Foreign Corrupt Practices Act. c. principle of rights. d. Sarbanes-Oxley Act.

d. Sarbanes-Oxley Act. Congress enacted the Sarbanes-Oxley Act to help reduce corporate fraud and unethical management decisions. Among other things, the act calls for a greater degree of government oversight of public accounting practices.

In a civil law system, the primary source of law is: a. precedent. b. treaties. c. administrative agencies. d. a statutory code

d. a statutory code

A Nebraska law limits a citizen's ability to vote if they are a convicted felon. This law: a. limits a fundamental right based on a suspect trait. b. violates procedural due process. c. would fail the rational basis test. d. affects a fundamental right and is subject to evaluation under the equal protection clause

d. affects a fundamental right and is subject to evaluation under the equal protection clause

A traditional and formal method of ADR where disputes are settled by a neutral third party who renders a decision that is legally binding is called a. online dispute resolution. b. mediation. c. negotiation. d. arbitration.

d. arbitration.

Lori prevails in her lawsuit against Charlotte for injuries she sustained in a car accident. As a result, Lori is entitled to a remedy. In the U.S. legal system as it exists today, Lori's remedy will most likely be in the form of: a. specific performance. b. rescission. c. injunction. d. damages

d. damages

Jones, an employee of Carey Chemical, was injured at work when chemicals entered through a hole in his protective eyewear. According to the Occupational Safety and Health Administration's regulations, Carey Chemical had eyewash stations in all areas where employees handled chemicals. Unfortunately, the nearest eyewash station was inoperable at the time and Jones suffered from partial blindness due to the effects of the chemicals. Jones brought suit against Carey Chemical for the accident. Jones had an employment contract. The judge in this case likely will: a. dismiss the case based on the lack of applicable law. b. rely heavily on stare decisis in making her decision. c. issue an injunction against Carey Chemical based on the implied contract between employee and employer. d. award damages to Jones based on administrative law.

d. award damages to Jones based on administrative law.

In a(n) _______ case, one party tries to make another party comply with a duty. a. administrative b. criminal c. statutory d. civil

d. civil Civil law: Law that defines and enforces all private and public rights, as opposed to criminal matters.

Jennifer signs a contract with Brad to purchase his house. Brad decides not to sell his house to Jennifer, and she sues him for a breach of contract. The body of law applicable to a breach of contract cause of action would be: a. criminal law. b. administrative law. c. international law. d. civil law.

d. civil law.

Judge Jones, a state supreme court justice, writes an opinion on behalf of the court for publication resulting from a recent case. This type of judicial decision is also known as: a. statutory law. b. civil law. c. administrative law. d. common law.

d. common law. common law: A body of law developed from court decisions.

One's assessment of the negative and positive effects of alternative actions is known as: a. the principle of rights. b. a categorical imperative. c. duty-based reasoning. d. cost-benefit analysis.

d. cost-benefit analysis.

George Geary was a sales representative at U.S. Steel Corp. The company had a written code of ethics that outlined examples of ethical and unethical behavior. The code specifically dealt with fraudulent accounting. Geary, who did not have a strong background in accounting, believed that a friend of his was engaging in accounting fraud. Geary thought through the consequences to himself, his friend, and his company of reporting his suspicions and, alternatively, not reporting. Determining that more harm would occur if he did not report, Geary called the company's toll-free phone number for employees to confidentially report illegal or unethical conduct. The company investigated and concluded that no accounting fraud had occurred. Geary: a. fulfilled his ethical obligations because he reported the conduct directly to the company instead of confronting his friend. b. failed to fulfill his ethical obligations because he did not investigate the accounting fraud himself. c. failed to fulfill his ethical obligations because he followed company policy concerning accounting fraud rather than following his own principles. d. fulfilled his ethical obligations under a cost-benefit analysis.

d. fulfilled his ethical obligations under a cost-benefit analysis.

Statutory law includes: a. rules, orders, and decisions of government bodies such as departments and commissions charged by Congress with carrying out the terms of particular laws. b. acts prohibited by local, state, or federal government statutes. c. contract law. d. laws enacted by Congress, state legislatures, as well as ordinances passed by cities and counties.

d. laws enacted by Congress, state legislatures, as well as ordinances passed by cities and counties.

Freedom of speech is protected by the First Amendment of the U.S. Constitution. In 1989 the U. S. Supreme Court held that burning the American flag is protected as part of the First Amendment because it is symbolic speech. In a renewed response to individuals burning the American flag at political events, Congress enacts a statute in March 2016 that prohibits "burning of the American flag, which shall constitute a criminal offense." The state of Texas also enacts a state statute that mirrors the federal statute in June 2016. After the federal and state statutes are enacted, Don sets an American flag on fire at a political event in Texas. He is arrested and charged with violating Texas law. As a defense, Don is claiming symbolic speech protected by the First Amendment of the U. S. Constitution. The court should find Don: a. not guilty because this is a civil issue. b. guilty under the federal statute because it was enacted before the state statute. c. guilty under the state statute because the offense occurred in Texas. d. not guilty because the act is protected under the First Amendment's Freedom of Speech

d. not guilty because the act is protected under the First Amendment's Freedom of Speech

Courtney files a lawsuit against Albert. If her case is like most lawsuits filed in this country, it will be a. arbitrated. b. litigated. c. appealed. d. settled.

d. settled.

Gates worked for Arizona Brewing Co. and was a member of a union. A contract between Arizona Brewing and the union (an association of employees) stated that in the event of a dispute, the parties were to try to settle their differences, and if they could not, the matter was to be decided by arbitration. Gates contended that Arizona Brewing owed him wages, which Arizona Brewing denied. Rather than submitting his dispute to arbitration, Gates filed a lawsuit. An Arizona statute recognized the validity of arbitration clauses in most contracts. Gates claimed that the arbitration clause in his contract was void under an exception in the statute that stated "this act shall not apply to collective contracts between employers and . . . associations of employ[ees]." Arizona Brewing argued that Gates had to arbitrate the claim before filing suit. On the question of whether the arbitration requirement would be enforced, the court found that a. employment disputes are federal questions and that the state court did not have the authority to make the decision. b. the Arizona statute was unconstitutional. c. the Arizona statute did not apply, and thus Gates was bound by the clause to have the claim arbitrated. d. the Arizona statute specifically applied to the situation, and thus Gates did not have to submit to arbitration

d. the Arizona statute specifically applied to the situation, and thus Gates did not have to submit to arbitration

Harold files a lawsuit against Allied Company in an Oregon court with limited jurisdiction. A court of limited jurisdiction and a court of general jurisdiction differ in a. whether an individual or a business brings the case. b. how many defendants are named in the lawsuit. c. whether the court is exercising in personam or in rem jurisdiction. d. the subject matter or types of cases that the court can decide.

d. the subject matter or types of cases that the court can decide.

Jason's company is in serious financial jeopardy. He believes that he can streamline his processes and eliminate 30% of his staff positions. If he does not do this, it is likely that he will go out of business within five years, and his entire workforce will be unemployed. Jason decides to go ahead with the workforce reduction, applying the theory of: a. corporate social responsibility. b. duty-based ethics. c. the moral minimum. d. utilitarianism

d. utilitarianism