social law final

The Due Process Clause is found in the ___ and _____ Amendments of the United States Constitution and prohibits the government from depriving citizens of life, liberty, or property without due process of law.

5th and 14th

An analysis of whether a defendant's act or failure to act is sufficiently connected to the plaintiff's injury falls under which negligence element?

Causation

Which of the following is not an objective of the law?

Ensure commercial profitability

______ law deals with the relationship between the government and the citizens while ______law deals with the legal relationship among individuals.

Public, private

Which of the following is not a benefit of privatization?

Reduced services

If Tom owes John $300 for work that John has performed for him, and John gives this debt to Jim in repayment for work that Jim has done for him, then this transfer of rights to this debt is referred to as a(n) _____.

assignment

A _____ refers to two or more people who carry on a business as co-owners.

partnership

A company builds a garden at the side of its building to enhance the appearance of its neighborhood. This is an example of a _____.

positive externality

Governments can use the __________ to take private property for public uses such as building highways, bike trails, and parks, while providing just compensation to the owners.

power of eminent domain

Which of the following is true of the "Third Way" followed in Nordic countries?

1. These countries emphasize collective welfare over individual preferences.Formularbeginn

Which of the following types of contracts ordinarily involves a situation in which both parties make promises?

A bilateral contract

Which of the following best describes an injunction?

A court order that may either require or forbid a party to perform a specified act.

Which Article in the Constitution creates the court system?

Article III

Which of the following prescribes the structure of our governments and protection for our individual rights?

Constitutions

Which of the following areas of law gives us a reliable mechanism for freely expressing our preferences for life?

Contract law

Federal agencies that compel or restrict business conduct fall under which category of the federal regulatory agency duties?

Control of conduct

Threats of monopolies, pollution, and abuse of workers are some of the concerns associated with increasing __________ power.

Corporate Correct

As China embraces principles of capitalism, which of the following has been a crackdown target by the Chinese government?

Drugs, internet freedom, golf

Which of the following is true of federal question jurisdiction?

Federal and state courts have concurrent jurisdiction for some federal questions.

Which of the following amendments poses an obstacle to FCC regulations on indecency?

First Amendment

Jonathan, a motel owner, was suspected of being associated with an illegal narcotics operation. The police put a GPS tracking unit on Jonathan's car and followed his movements for more than a month. He was arrested in 2010, and in a trial in 2012, the jury found him guilty of intent to distribute methamphetamine for which he was sentenced to life in prison. On appeal, Jonathan argued that his conviction should be overturned because the warrantless use of GPS tracking unit violated the __________.

Fourth Amendment

Which of the following is not a recognized defense to an intentional tort claim?

Fraud

Companies must follow ________ , a set of measurements and disclosure rules, when it comes to information about income, assets, and liabilities.

GAAP

Which of the following third parties may not enforce a contract?

Incidental beneficiaries

______ trading has occurred when a director or an officer buys or sells a security while in possession of material, nonpublic information.

Insider

A new security offered to persons domiciled in different states is what type of offering?

Interstate

Which of the following statements is true of the Magnuson-Moss Warranty Act?

It applies only to consumer products.

In the context of legally enforceable contracts, which of the following best describes consideration?

It is the bargained-for legal value that one party agrees to pay to secure the promise of another.

Which of the following best describes battery?

It refers to intentionally touching another in a harmful or offensive way without legal justification or the consent of that person.

Which of the following is a role served by lobbying?

It serves the role of efficiently educating busy politicians about the vast array of issues they must address but cannot possibly master without assistance.

Which of the following is true of the Uniform Commercial Code?

It was given to the states for state-by-state approval.

________ refers to a court's power and authority to hear a case.

Jurisdiction

Which of the following is a requirement for use of the assumption of risk defense?

Knowledge of the risk

Which level of Carroll's social responsibility pyramid focuses on the idea that a firm should play by the rules of the game?

Legal responsibilities

Which of the following controls agency power by creating and dissolving the agencies?

Legislative branch

Which type of agency rules are policy expressions having the effect of law?

Legislative rules

_____ of a corporation implies that when a corporation has liabilities that exceed its assets, its creditors cannot reach the personal assets of the shareholders.

Limited liability

__________ is the effort to legally influence the actions of public officials?

Lobbying

1. contends that only free-market principles can produce a rational, moral life. Objectivism

Objectivism

A shareholder derivative lawsuit can be filed by minority shareholders of a corporation against whom?

Officers and directors

Which of the following are the three Ps of the triple bottom line?

People, planet, and profit

_____ are those in which a decision maker does not receive the full benefit of a decision because a portion of those benefits spill over on to third parties.

Positive externalities

Which of the following was created, largely for institutional investors like pension funds, to fill the gap on the risk-return spectrum between long-term debt and common stock?

Preferred stock

Making treaties, commanding the armed forces, and executing laws are powers held by which of the following?

President

A government turns over a portion of its duties to a non-governmental firm. This is known as _____.

Privatization

Which of the following are possible defenses to strict liability cases?

Product misuse and assumption of the risk.

Under which of the following is it illegal, in connection with the sale or purchase of a security, to employ any scheme or to engage in any practice that defrauds another person participating in the financial markets?

Rule 10(b) of the 1934 Act

The federal legislation governing initial securities offerings is the:

Securities Act of 1933.

Which of the following is described as spoken defamation?

Slander Correct

Which of the following is not a category of negligence claims stemming from defective products?

Strict liability

Which of the following tort claims focuses on the condition of a product rather than the conduct of the parties?

Strict liability

The __________ of the U.S. Constitution nullifies state action that conflicts with federal law.

Supremacy Clause

Identify the country that practiced market socialism in such a way that healthy economic growth with cradle-to-grave social care was provided.

Sweden

Which of the following protects our personal freedoms, such as religion and speech, from the government?

The Bill of Rights

Which of the following gives the federal government the authority to regulate commerce among the several states?

The Commerce Clause

Which Amendment to the U.S. Constitution contains both the Establishment Clause and the Free Exercise Clause?

The First Amendment

Which Amendment to the U.S. Constitution protects free speech?

The First Amendment

Which Amendment to the U.S. Constitution provides that no state shall "deny to any person within its jurisdiction the equal protection of the laws"?

The Fourteenth Amendment

Which Amendment contains the right to bear arms?

The Second Amendment

Norah, a waitress at a restaurant, was hospitalized because of a drug overdose. When questioned by the police, she agreed to call Michael, whom she identified as the source of drugs. The police arrested Michael, searched him and his cell phone, and discovered call records confirming that the phone was used to talk to Norah. This evidence was used at trial against Michael, who argued that the cell phone search violated his Fourth Amendment rights. Which of the following is most likely to happen in this scenario?

The cell phone evidence will be discarded because it is unlawful for cell phones to be searched upon arrest without a warrant.

Which of the following rules provides that evidence secured in violation of the Fourth Amendment may not be used against a defendant at trial?

The exclusionary rule

Marxist fundamentalists are primarily concerned about:

The imbalance between the rich and the poor.

Jack is driving from Los Angeles to San Francisco. On his way, Jack is stopped by a police patrol car for repeatedly crossing a double yellow line into oncoming traffic. A police officer politely asks Jack to step out of the vehicle, while the officer's partner performs a warrantless search of Jack's car. The police officer finds a gram of cocaine on the dashboard. Which of the following is most likely to happen in this scenario?

The police officer is allowed to secure drugs that are abandoned or in plain view even though a warrant has not been obtained.

Which model of corporate social responsibility considers all of the groups that may be affected by a firm's performance when making decisions?

The stakeholder model

Which of the following company mission statements indicates that a firm has a profit maximization point of view?

To reap the highest return possible for shareholders, within the law.

_____ involve breaches of duty to particular persons, causing loss or injury.

Torts

During the Great Recession, which of the following did the United States utilize to bail out companies that were deemed "too big to fail"?

Troubled Asset Relief Program

Which of the following content included in articles of incorporation is discretionary?

Voting rules.

One of the elements of a crime is the _____, that is, a wrongful act or omission.

actus reus

In a civil trial, after the judgment is rendered on a case, either party may appeal the decision to a higher court. If no error is found by the appellate court, the lower court decision is _____.

affirmed

Socialists' emphasis on equality indicates that:

all humans are meritorious, and distinctions among them are inherently unjust.

In response to a complaint, the defendant may file with the court an initial pleading, called a(n) _____, wherein the defendant enters a denial by setting out his or her version of the facts and law, or in which the defendant simply concedes the validity of the plaintiff's position.

answer

The discretionary/philanthropic responsibilities level of Carroll's social responsibility pyramid focuses on the idea that a firm should:

be a good corporate citizen.

In a criminal case, the burden of proof is:

beyond a reasonable doubt.

Critics suggest that American life has become obsessed with competition, profitability, reliance on technology, and faith in growth, which are values usually associated with:

businesspeople.

The outline that a law student prepares in an attempt to master the law is called a(n) _____.

case brief

Advertisements via circulars and billboards are examples of __________ speech

commercial

San Francisco is rolling out a plan that may raise on-street parking to as much as $18 per hour in high-demand areas during busy hours of the day while lowering prices in less-congested areas and during less frantic hours. This scenario is an example of _____.

congestion pricing

The doctrine of corporate social responsibility is also referred to as __________.

corporate citizenship

In the context of takeover defenses, when a target company's management arranges for a friendly third party to purchase its critical assets at a reasonable price, it is referred to as a _____ defense.

crown jewel

The government of Westburn offers extensive privileges to business to create wealth, and it imposes regulations as and when needed. This scenario exemplifies a system of _____.

democratic capitalism

The free market enthusiasm of the 1980s resulted in strenuous efforts to:

deregulate the economy.

In the state court systems, generally at the base of the court pyramid in most states is a _____.

district court

The idea that a firm should be profitable fulfills the firm's responsibilities on the __________ level of Carroll's social responsibility pyramid.

economic responsibilities

Independent agencies, such as the Federal Trade Commission, the Federal Communications Commission, and the Securities and Exchange Commission, were established by Congress by means of statutes labeled _____.

enabling legislation

If an individual owns a potentially hazardous enterprise such as a bungee tower or a water slide, one way for the owner to protect himself from litigation should a customer be hurt is to include a(n) _____ in the customer agreement.

exculpatory clause

When parties overtly and explicitly manifest their intention to enter an agreement, either in writing or orally, the result is a(n) _____.

express contract

Intentionally detaining a person against his or her will could give rise to a claim of:

false imprisonment.

An intentional untruth is a(n) _____.

fraud Correct

The results of deregulation in the 1970s often included:

increased innovation.

The government might mandate disclosure requirements by businesses to combat imperfect or the lack of:

information.

The due diligence defense in a Section 11 action is available to all of the following except the:

issuer.

For an offer to be valid, it must contain all of the following except:

it must take written form.

A movie theater is required to obtain a local permit for setting up its operations. This act of granting a local permit is called _____.

licensure

The rule that states that acceptance is effective when sent, even if never received, is the ________ rule.

mailbox

A type of alternative dispute resolution that uses a neutral third party to facilitate an agreement between two disputing parties is _____.

mediation Correct

A crime punishable by a fine or imprisonment for no more than a year is a _______.

misdemeanor

Pollution is an example of a(n) _____.

negative externality

The plaintiff in a breach of contract action who has suffered no actual damage may be entitled to an insignificant sum to illustrate the wrongfulness of the breach, known as:

nominal damages

Tortious interference that impairs the enjoyment of one's land is known as a(n):

nuisance.

With a conditions _________, the parties to a contract have no binding duties until the specified event occurs.

precedent

The _____ offers the wisdom of the past and enhances efficiency by eliminating the need to resolve every case as though it were the first of its kind.

principle of stare decisis

Hobbes Corp., a toy manufacturer, has been prohibited from selling toys with removable parts to children below the age of five. This is an example of _____.

product banishment

A _____ assumes that most forms of government such as regulatory agencies, consumer protection, environmental rules, occupational licensure, zoning restrictions, and antitrust law would be eliminated, leaving the business structures and societies to be operated by and large on foundational legal mechanisms.

pure free market approach

In some cases of negligence claims, courts adopt the doctrine of _____, in which the facts suggest that the plaintiff's injury must have resulted from the defendant's negligence, but the circumstances are such that the plaintiff is unable to prove negligence.

res ipsa loquitur

Adam's political ideologies are inclined toward capitalism. He is promoting the ideas of _____.

self-interest and strong pursuit of individual wealth

A company whose shareholders are the primary focus of management and who believe that by focusing on the bottom line society is best served follow the __________ approach.

shareholder

The owners of a corporation are called _____.

shareholders

Community and commitment bonds that seem to emerge in a culture where people regularly interact with each other is known as:

social capital.

According to Davis and Blomstrom, the idea of __________ is that decision makers are obligated to take actions that protect and improve the welfare of society as a whole along with their own interests.

social responsibility

A no-fault concept, when an individual or organization is responsible for harm without proof of carelessness, is known as _____.

strict liability

In the context of classifications of law, laws that create, define, and regulate rights and obligations fall into the category of _____________.

substantive law

A firm that operates with a focus on environmentally sensitive practices that will preserve scarce resources and maintain a healthy community is called a _____.

sustainable corporation

Which of the following countries practices socialism?

sweden

In United States v. Lopez, the United States Supreme Court ruled:

that the prosecution of a high school student for taking a gun to school in violation of the Gun Free School Zones Act did violate the Commerce Clause.

A registration statement filed pursuant to the 1933 Act consists of:

the prospectus and supplemental information.

Giving close accounting attention to social and environmental performance in addition to the financial performance of a firm is referred to as __________.

the triple bottom line

The intentional entry onto the land belonging to another without consent is:

trespass.

Consequences for violating securities laws include all of the following except:

unjust enrichment.

Beatrice doesn't like her ex, Beauregard. Beatrice contracts with Beary to assault Beauregard for the sum of $5,000.00. This situation is best described as a(n):

void contract.