LEGAL ENVIRONMENT
How many circuits are the federal appeals courts divided into?
12, including the D.C. circuit
Which of the following statements are applicable to the doctrine of stare decisis? Choose 2 answers.
A lower court must follow the precedent of a decision made by a higher court in the same jurisdiction. Stare decisis is a principle that arose out of the common law.
Federal courts have exclusive subject matter jurisdiction over which of the following? Choose 2 answer choices.
Bankruptcies Patent/trademark/copyright cases
What are two types of challenges an attorney can make during voir dire? Choose 2 answers.
Challenge for cause Peremptory challenges
In the United States, who creates federal statutory law?
Congress
Megan Kanka was raped and murdered in 1994, when she was only seven years old, by one of her neighbors. As a result of her murder, a federal statute was created that requires law enforcement authorities to make information available to the public regarding registered sex offenders. This federal statute was created by:
Congress
The idea that each person has intrinsic biases that impact their decisions is a component of which school of thought?
Legal Realist School
Which of the following are considerations of corporate social responsibility? Choose 3 answer choices.
Ethical treatment of employees and suppliers Issues within the community where a business is located Environmental impact of a business
Under the common law, which of the following is true?
In a case of first impression, a judge may use persuasive authorities rather than precedents.
Which of the following is an example of federal agency regulations that impact business operations?
Internal Revenue Service rules for business tax audits
In which of the following situations would ONLY state law apply?
Jim and John Brown want to form the Two Brothers Cleaning and Janitorial Company, Inc. and do business in Maryland.
Which of the following lists the steps of a trial in the correct chronological order from beginning to end?
Jury selection, opening statements, plaintiff's case, defendant's case
Under which principle of ethics would a person consider whether his or her action is one that every other person should take?
Kant's categorical imperative
The belief that as humans we are all entitled to certain fundamental rights is a component of which school of thought?
Natural Law
Which of the following are the TWO types of ADR that results in parties voluntarily signing a settlement agreement rather than proceeding to trial? Choose 2 answer choices.
Negotiation Mediation
Which of the following illustrates a financial or non-financial cost of unreported unethical behavior to a company? Choose 2 answers.
Sweet Home Diner lost half of its business when the community became outraged with the owner for failing to stop the racist social media postings of the restaurant manager Employee morale hit an all-time low when Scott, the line supervisor, ignored repeated instances of harassment by certain employees
You've decided to buy some rental property but know very little about the law regarding landlord-tenant relations. You head to the local law library to do a little research on the subject. The law librarian is extremely helpful, and with his help, you have lots of reading material about landlord-tenant law! You discover there are several kinds of law and that some laws are procedural and other laws are substantive. What do you think procedural law covers?
The methods of enforcing the rights established by substantive law.
Which of the following is a true statement of the powers of a branch of the federal government?
The power to enact laws is vested in the legislative branch
Which of the following are reasons why a motion for a new trial might be granted? Choose 3 answers.
The trial was unfair The judge committed prejudicial error Excessive damages were awarded
The ethical model that focuses on the outcome of a decision, as opposed to the motives behind the decision, is:
Utilitarianism
A court has personal jurisdiction over a party in which of the following circumstances? Choose 2 answer choices.
When a party brings a case in its court When the party's property at issue in the case exists within the geographic boundaries of the authority of the court
Rando and Shania are involved in an automobile accident. Rando decides to sue Shania for his injuries, so he files a complaint, a formal pleading that starts the lawsuit and sets out the allegations that Rando has against Shania. Rando has the complaint, along with a summons, served on Shania to give her notice of the lawsuit. If Shania does not respond to the complaint:
a default judgment may be entered against her
The process of filing an appeal requires which of the following to be filed? Choose 3 answers.
an appellant's brief a notice of appeal the trial record and an abstract
Which of the following types of jurisdiction relates to the power of a higher court to review the decision of a lower court?
appellate jurisdiction
Andre is involved in a business dispute with his former partner, Ned. Instead of filing a lawsuit, Andre and Ned decide to use alternative dispute resolution (ADR) to settle their dispute. Andre and Ned choose to present their case to a neutral third party, and that third party will decide the case. The form of ADR that Andre and Ned have decided to use is:
arbitration
When the parties in a dispute present their arguments and evidence to a neutral third party who then renders a decision, it is called:
arbitration
The role of a mediator is to:
assist parties in a dispute in resolving their differences out of court
Steps for creating a statutory law include filing a bill in the legislature, debating and voting on the bill in committees and in the legislative assembly, and ultimately:
becoming an act when signed by the president or state governor, or if vetoed, when the veto is overridden
Sanchez and Yan entered into a contract that required Sanchez to deliver twenty textbooks to Yan's bookstore every month by the 15th raised to the th power of the month. Six months after Sanchez and Yan entered into this contract, Sanchez breached the contract by not delivering the textbooks to Yan's bookstore. After Sanchez breached the contract, Yan sued Sanchez for her damages. Yan must choose the appropriate court in which to file her lawsuit. To do this, Yan needs to be sure the court has:
both subject matter and in personam jurisdiction in the case
In contrast to federal courts, state courts have what kind of jurisdiction?
broad
Jayne is opening her own bakery. As she develops her company policies, she is concerned about the morality of her actions and how those actions will affect her employees, her stakeholders, and herself. Jayne studying the rightness or wrongness of her actions as they apply to her business constitutes the study of:
business ethics
Which of the following types of law originated from early English history in an effort to provide a body of law that applied to the entire English realm?
common law
Business law is a vast body of state and federal law governing business activities that includes statutes (codes), common law, court cases, and: Choose 2 answers.
constitutions regulations
The principle of stare decisis does which of the following?
creates predictability in the legal system
Shelley and Frannie, Tennessee residents, are on vacation in New Mexico. On the third day of vacation, while on their way to Carlsbad Caverns, they are involved in a horrible car accident. Deidre, a New Mexico citizen, failed to stop at a stoplight and ran right into them. Shelley and Frannie were transported by ambulance to the Carlsbad Medical Center where they each had to stay for five days. Once they returned home to Tennessee, Shelley had doctors' appointments and therapy for six months, and Frannie had them for three months. Their medical bills alone were over $200,000, and their car was also totaled. If Shelley and Frannie decide to sue Deidre for their injuries, they can file their lawsuit in:
either state court or federal court
State statutory law is created by:
elected members of the state legislature
Which of the following activities is an example of corporate social responsibility?
establishment of a foundation that funds high school educational initiatives
What does venue refer to?
geographic location of the court
An arbitrator is different than a mediator because an arbitrator:
has the authority to make a binding award
You recently had an accident on the job. Some equipment fell on you causing a serious injury, and your medical bills alone are likely to be over $85,000. You claim an outside vendor who was working on the equipment that day created the problem that caused the injury, and you want to sue. You live and work in Texas, and the outside vendor is a resident of Oklahoma. Where do you think you should file the lawsuit?
in either federal or state court
For the past year, Zegrida has been writing a historical fiction novel based on the experiences of her family as they immigrated to the United States from Latvia during World War II. When finished, she contacted a publisher and was shocked to discover that her book had just been published two weeks ago with Fran, a business acquaintance of Zegrida, listed as the author. Two months ago, Zegrida had asked Fran to review the book and give feedback, but instead, Fran published the book under her own name. Zegrida plans to sue Fran for copyright infringement and is trying to decide in which court to sue. Zegrida must sue Fran:
in federal district court because the suit involves a copyright issue
Alexander, the CEO of Westwind Baby Furnishings, received a report from one of his quality inspectors about a possible defect in the Baby Sleeptime Crib Westwind had just started to market. The report said the bed was not safe for older babies, because there was a chance it would collapse if the baby climbed up onto the railing. Westwind had manufactured 20,000 Baby Sleeptime Cribs and would lose a great deal of money if it could not market the cribs. Alexander decided to proceed with the sale of the cribs anyway, to maximize company short-run profits. Possible consequences Westwind could face for such unethical conduct include:
lawsuits, large settlements, and bad publicity
Which branch of government creates statutory law?
legislative
Which branch of government has the authority to enact law?
legislative
If a trial court judge is deciding an issue that has never come before the court (a case of first impression), they:
may create new precedent.
Ethics is the consideration of how one should act, based on which of the following concepts?
morality, or principles of right and wrong
Angelina's neighbor Andrew tore down a fence that separated Angelina's property from Andrew's property. Angelina was outraged because she believed the fence was a part of her property and Andrew had no right to tear it down. Angelina sued Andrew, and after several months, they went to trial. In deciding the case, the court relied on the decision made in a previous case from the same jurisdiction that had similar facts and similar issues. The previous case the court relied on is referred to as:
precedent
Karishma and Stephen, co-owners of Roundtree Corporation, are discussing a new benefits package they are considering for their employees. The proposed plan is more expensive for the company than the current plan but will offer better benefits to the employees. Stephen wants to decide based solely on the effect on the owners of the corporation, while Karishma's position is that the employees should be taken into consideration as well. Stephen is more concerned with the _____________ theory of management, and Karishma is more concerned with the __________ theory of management.
shareholder; stakeholder
Joan's lawyer, Albert, feels pretty good about the chances of winning Joan's case. He has found a case directly on point, which means it has the same issue and very similar facts. If the court follows the decision in the case Albert found, then Joan will win her case. Albert argues Joan's case to the trial court, and the trial court decides for Joan. The fact that the trial court decided the case in Joan's favor is an example of:
stare decisis
Elton is a state representative for the North Dakota legislature. Recently, Elton and his colleagues in the legislature proposed a law that would increase the penalty drivers would have to pay if they pass a stopped school bus. The type of law that Elton and his colleagues will enact is known as:
statutory law
Which of the following are methods of preventing unethical behavior? Choose 2 answers.
terminating an employee for unethical behavior establishing a company code of ethics
Under the principle of rights, the term "rights" refers to:
the fundamental rights of human beings
When making a decision using the stakeholder theory of management, a business professional would place more weight on which of the following? Choose 2 answers.
the harm to customers from using the company's product over profits the impact of its decisions on employees over the profitability of the business
Granting a Motion for a J.N.O.V. means:
the jury verdict was wrong and so clearly against the weight of the evidence that no reasonable person could have found as the jury did.
Zayden was recently arrested for driving while intoxicated. The law in his state defines the crime of driving while intoxicated as operating a motor vehicle on the public roads with a blood alcohol content over 0.8%. State law also states that anyone convicted of this crime has the right to appeal. Zayden recently took a criminal justice course in college and remembers studying the differences between substantive and procedural law. In his current situation, he knows that:
the law that defines the crime is a substantive law, and the law that provides for the right to appeal is a procedural law
Which of the following represent two of the potential financial costs of reporting unethical behavior? Choose 2 answer choices.
the loss of top performing employees penalties, fines, and lawsuits against the company
In ethics, compliance with the law is considered:
the moral minimum
Historically, the common law developed from:
the unification of local customs and laws in feudal England.
The federal and most state judicial branches have at least these three levels in the court system:
trial court, intermediate appellate court, and highest appellate court.
A company exhibits responsible corporate citizenship when it:
uses its wealth and influence to benefit society as a whole
Juan owns a manufacturing company that wants to expand its line of plastics. To expand and still make a profit, pollution into the local river will be significantly increased. In evaluating his decision, Juan tries to determine whether expanding the company's line of plastics would produce the greatest amount of good for the greatest number of people. In doing so, Juan is following the ethical principle known as:
utilitarianism
Under which theory of ethics would a decision be ethical if it provides the greatest benefit for the largest number of individuals?
utilitarianism