Test 1- Tina Benkiser

The necessity defense can be successfully used when a defendant can show that:

A criminal act was necessary to prevent an even greater harm

The FTC passes regulations that govern how a company can advertise its products. These regulations are what kind of law?

Administrative Law

A court may impose criminal liability on corporate officers regardless of whether they:

Directed the criminal violations

Interrogatories are written questions for which written answers are prepared by a judge

False

T or F Interrogatories are written questions for which written answers are prepared by a judge.

False

The U.S. Social Security Administration is a federal agency. The Iowa Department of Social Services is a parallel state agency. If these agencies' actions conflict, the:

Federal Agency's actions will prevail

If north carolina law conflicts with federal law, which governs?

Federal Law

What 4 things should businesses always evaluate to both maximize profit and reflect good citizenship

Legal implications of each decision, Public relations impact, Safety risks for employees and customers, financial implications

Does thinking about killing someone constitutes the crime of attempted murder?

No, thoughts alone are not criminal. Generally, crimes require the performance of a prohibited act and a specified state of mind by a person

The necessity defense can be successfully used when a defendant can show that:

a criminal act was necessary to prevent an even greater harm

Unlike statutory law, administrative law is created by:

administrative agencies

covers the legal principles that apply to government agencies, bureaus, boards, or commissions

administrative law

A property based legal system

allows people to exclude others from interfering with what their efforts produce

Formal agency adjudications are held before:

an administrative law judge

Unlike a mediator, an arbitrator ______

imposes a solution on the parties (usually binding)

Which has more protection, political speech or commercial speech

political speech

Carl lives in Dunlap, TN. James, who is from GA, drives into Carl's house causing $ 180,000 in property damage. To recover his losses, Carl wants to sue James. In this scenario, Carl can sue James in either TN or GA.1) If he files in , Carl is most likely to file the initial lawsuit in 2) he files in GA, Carl is most likely to file the initial lawsuit in

1. State Trial Court2. Federal District Court

The constitutional protection that an individual has not to be compelled to be a witness against himself or herself in a criminal matter is found in the

5th Amendment

The ________ Amendment to the US Constitution guarantees the right to a jury trial in many cases

6 Amendment

Baby Fashionista manufactures baby clothes, which Kiddo Distribution buys and sells to Adorable Babies, which sells them to consumers. Little Elmer is injured while wearing pajamas that his mom bought from Adorable Babies. In a product liability suit based on strict liability, Little Elmer (or his mother) may recover from...

All those in the line of Distribution

What is the purpose of the discovery phase in a lawsuit

Allows both sides to discover facts and uncover information from the other party ad from witnesses before trial

What is the disclosure rule?

Asl how you would feel if your behavior appeared in some public forum or disclosed to someone you respect, eg. published paper or television, to your grandma

Stakeholder theory suggests that ethical corporate behavior...

Depends on managers who take into account various stakeholders

If Frank challenges a government action as being unconstitutional and the court requires the government to prove that it's action advanced an important government objective and that the action is substantially related to the government's objective, the court is reviewing the action

Based on an Intermediate Level review

Tony has admired Ann for months, but he has never talked to her. One day, Tony walks up to Ann and gives her a hug and a kiss. Ann is angry and decides to sue Tony. Tony has committed the tort of:

Battery

John owns a liquor store. Kevin owns a gun store. Which of their stores is subject to warrantless searches?

Both

Ari wants to utilize the processing power of thousands of computers to perform certain activities. He decides to go about this by writing a software program that secretly installs on thousands of personal computers. The program then allows these computers to come under Ari's control and allows him to forward transmissions to an even larger number of computer systems. Ari has created a:

Botnet

The clause in the U.S. Constitution that gives Congress its broadest power to regulate interstate highways, railroad cars carrying corn from Iowa to Michigan, and gas being transported via barge from Louisiana to Ohio is the

Commerce Clause

If Joe runs over Sally and breaks her leg, when Sally sues him, what kind of remedy will she likely receive?

Damages (money)

Most international contracts contain choice of forum & law provisions to

Eliminate uncertainty of which court has jurisdiction & which law applied

Diane takes money from the petty cash account at work almost every day. Diane is guilty of the crime of:

Embezzlement

Dan is a supporter of the formalist view. Which of the following is most likely to be his belief about lying?

He is likely to condemn all forms of lying

In the context of alternative dispute resolution, mediators....

Help the parties find a solution but do not impose one on them

Which of the following statements is true of the effect of the group on ethics in a corporate organization?

Individuals may feel a diminished sense of responsibility, which invites ethical compromise.

Coach Kleats is in charge of the softball team at Phoenix Junior School. He loses his temper with one of the substitutes following a game and slams the child against the lockers in his anger. The child is badly bruised and is bleeding from the nose. In this scenario, the coach can be sued for committing a(n) ________.

Intentional Tort

Which of the following statements is true of the role of judges in U.S. Courts?

Judges apply law to the facts of the case

Which of the following statements is true of the role of jurors in U.S. Courts?

Juries determine facts from conflicting evidence

What are the 3 branches of government?

Legislative - makes laws Executive - enforces laws Judicial - interprets laws

Name one reason that a party may seek to resolve a dispute through ADR rather than litigation

Less expensive, less formal, and quicker. Can keep confidential

From an ethical standpoint, is it better to focus on short term profits or long term profits

Long term

When profits earned illegally are channeled through a legitimate business, the act of ____ occurs

Money laundering

Compliance with the law is called?

Moral Minimum

Which of the following statements is true of ethical systems?

Motivation to observe moral values comes from within

If you obey the law, is that the same thing as being ethical?

No

Once litigation starts, are the parties precluded from entering into or using ADR methods?

No

The Pennsylvania legislature enacts a state law that violates the U.S. Constitution. This law can be enforced by...

No one

The Pennsylvania legislature enacts state law that violates the U.S Constitution. This law can be enforced by

No one

What does the 5th Amendment protect you but not necessarily your business from be forced to do?

No person compelled in any criminal case to be a witness against him/herself

Judy files a lawsuit against Adrian for breach of contract. Who is Plaintiff, who is Defendant

P= Judy D= Adrian

Which of the following statements is true of the use of alternative dispute resolution(ADR) techniques?

Parties CAN agree to use ADR after a dispute arises.

What is the primary difference between arbitration and mediation?

Power of the arbitrator and mediator. Arbitrators decide the dispute and impose decisions on the parties. Mediators help parties come to their own resolution of the dispute; they can suggest resolutions but cannot impose them on the parties.

Which federal power has been used to expand the federal government's reach into even businesses of the most local nature such as dictating how or what your family farm grows its crops?

Power to regulate commerce under the Constitutions Commerce Clause

John has written a book, My Life on the Sea, and was talking to some interested parties from Broadway about making a musical based on it. However, he turned down an offer due to conflicting opinions of who should play the lead roles. A year later, My Life on the Sea was made into a musical but it did not acknowledge the author. This scenario best reflects a violation of _____.

Property Law

What are the standards of review that a court uses when determining whether or not a government action is constitutional

Rational Basis Intermediate Level Strict Scrutiny

What protections do you have under the 4th Amendment

Right to be secure in persons, houses, papers, and effects = right against UNR searches and seizures

According to ______ judges in current cases follow wherever possible the legal reasoning set forth in prior judicial opinions or cases in the same jurisdiction.

Stare Decisis

James and Carl both live in Dunlap, TN. James drives into Carl's house causing $180,000 in property damage. To recover his losses, Carl wants to sue James. In this scenario, Carl is most likely to file the initial lawsuit in ___.

State trial court

law passed by the TN Legislature is an example of what kind of law?

Statutory Law

If you local city council passes a law that you cannot express your opinion on its new order to wear a mask in public, what standard of review is a court likely to use if you challenge the new order?

Strict Scrutiny

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

What are stakeholders?

Those who will be affected by a particular decision

What is striking a jury called

Voir Dire

What is the triple bottom line?

When focus on decision's impact on people, profits, & planet

The ___, proposed by Kant, says that a person has a moral duty to act in the way he or she believes everyone should act.

categorical imperative

The legislation that Congress passes that specifics the name, purposes, functions, and powers of an agency being created is known as:

enabling legislation

The security guard at MV-Store suspects Roberta of shoplifting and detains her. His suspicion is based solely on the fact that she is dressed differently than the store's typical customer. The security guard finds nothing illegal in Roberta's belongings. Roberta is furious and decides to sue MV-Store. In this case, Roberta is most likely to file a lawsuit against MV-Store for

false imprisonment

The purpose of compensatory damages is to

make a plaintiff whole again, at least financially

A wrongful mental state is known as:

mens rea

When profits earned illegally are channeled through a legitimate business, the act of _____ occurs.

money laundering

Ron causes an accident in Chattanooga while delivering a pizza for WeBeOnTime Pizza Company. Ron and WeBeOnTime Pizza are liable to...

only those whose injuries Ron foreseen

The time allowed for one party to sue another and the rules of law governing the process of a lawsuit are examples of

procedural laws

Which of the following statements is true of voluntary arbitration?

procedure is not tied to a court and is not bound by rules of evidence.

Probable cause means

there is a substantial likelihood that the person has committed or is about to commit a crime.

Kate has entered into a binding agreement to sell a house to Michael. When Michael shows up to complete the deal as per the agreement, Kate refuses to go through with the transaction. Which of the following best categorizes Kate and Michael's issue in the context of classifications of laws?

this is a private law issue regarding contract law

Administrative regulations may result in significant costs for business

true