BUS M33 Test #1

How many districts are there in the federal court system?

94

Over which of the following does the federal court system have exclusive jurisdiction?

A). Admiralty cases and bankruptcy cases, but not federal criminal prosecutions

Environmental Concerns. Connie, the president of a company that makes paper, has a new interest in the environment. She recently went to a seminar on environmental dangers and has decided to take steps to clean things up. She started at home and was also committed to change things at work. Connie had to face the fact that her company has been cheating and is not in compliance with applicable environmental regulations due to dumping in a nearby river. Her company has never been cited, however, because it employs a very large number of people in the community, including the mayor's wife and the chief-of-police's brother. On her mission to clean things up, Connie has decided to go even further than the law requires and install the very latest environmental protections. When she announced her plan, the chair of the company's board of directors, Brooke, had a meeting with Connie. Brooke told Connie to analyze the situation carefully because the cost of the additional equipment would mean no dividend to shareholders and no raise for employees. Furthermore, Brooke told Connie that installing all the new equipment would result in higher prices for the company's paper products and could bankrupt the company because of foreign competition. Brooke hinted that Connie could be fired if she persisted. Brooke suggested that Connie just be concerned with a minimal standard of ethics. Which of the following is the minimal standard that a business must meet in a consideration of business ethics?

A). Decisions must be legal

Which of the following involves disputes between private individuals or groups and their government?

A). Public Law

Which of the following is a question of fact?

A). Whether a vehicle ran a traffic light

Which of the following involves disputes between private individuals or groups?

B). Private Law

Which of the following is an example of the primary value of freedom?

B). To possess the capacity or resources to act as one wishes

_____________consists of the enforceable rules of conduct that govern commercial relationships

Business Law

Which type of law involves the rights and responsibilities involved in relationships between persons, and between persons and their government?

C). Civil Law

___________ statutes enable a court to serve a defendant outside the state as long as the defendant has sufficient minimum contacts within the state and it seems fair to assert jurisdiction.

C). Long arm statutes

If someone commits an act against the public, he or she will be violating what type of law?

Criminal Law

The purpose of criminal law is to punish an offender for causing harm to public health, safety, or morals. 1) The Foreign Corrupt Practices Act (FCPA) prohibits payments to foreign officials to influence an official act or decision corruptly or to influence a foreign government. 1) The Foreign Corrupt Practices Act (FCPA) prohibits payments to foreign officials to influence an official act or decision corruptly or to influence a foreign government. 1) The Foreign Corrupt Practices Act (FCPA) prohibits payments to foreign officials to influence an official act or decision corruptly or to influence a foreign government. 1) The Foreign Corrupt Practices Act (FCPA) prohibits payments to foreign officials to influence an official act or decision corruptly or to influence a foreign government.

Criminal Law -- True FCPA (1) -- True

Which of the following is required for diversity-of-citizenship?

E). Both that the plaintiff and the defendant reside in different states and that the controversy concerns an amount in excess of $75,000

Crimes are prosecuted by:

E). State or federal government

Administrative agencies are located at the state level only

False

Because they are non-violent offenses, white-collar crimes are not punishable by imprisonment.

False

Extortion is the offering, giving, soliciting, or receiving of money or any object of value for the purpose of influencing the judgment or conduct of a person in a position of trust.

False

In strict liability crimes, mens rea is required.

False

The U.S. Constitution explicitly allows courts to review legislative and executive actions to determine whether they are constitutional

False

The burden of proof in a civil case is much higher than the burden of proof in a criminal case.

False

White-collar crimes are nonviolent acts against society that occur most frequently in the non-business content

False; Business Context

Administrative agencies are created by the judicial branch to carry out specific duties.

False; Legislative

Administrative agencies have legislative and judicial, but not executive, powers.

False; all three

Administrative agencies typically act slower than Congress in creating and enacting new laws.

False; more swiftly

According to the Tenth Amendment to the U.S. Constitution, all powers that the Constitution neither gives exclusively to the states nor takes from the federal government are reserved for the federal government.

False; reserved for the states

The U.S. Constitution establishes a system of government based on the principle of unfettered state autonomy.

Fasle; federalism

The idea that we should interact with other people in a manner consistent with the manner in which we would like for them to interact with us is called the ________.

Golden Rule

A majority of citizens in a democracy can agree to permit certain authorities to make and enforce rules describing what behavior is permitted and encouraged in their community. These rules are what we refer to as ________.

Law

Bob sued Jane over a motor vehicle accident. Bob and Jane settled the case prior to trial for $1,000. The lawsuit is now ________.

Moot - subject to debate, dispute, or uncertainty

Which of the following is not a purpose of the law as set forth in the text?

None of the purposes above

Which of the following is one of the numerous purposes fulfilled by the law?

Providing order such that one can depend on a promise or an expectation of obligations, serving as an alternative to fighting, Facilitating a sense that change is possible, but only after a rational consideration of options, Encouraging social justice, Guaranteeing personal freedoms, Serving as a moral guide by indicating minimal expectations of citizens and organizations

The plaintiff in a lawsuit must provide the defendant with a copy of the complaint and summons. This is referred to as ________.

Service of Process

Administrative law consists of both substantive and procedural rules.

True

An individual (i.e., a private party) cannot file a criminal law suit.

True

The U.S. Constitution allocates the power of the federal government among the three branches of government

True

The United States Congress can overturn a presidential veto with a simple majority vote of the members of Congress

True

The United States Congress has the power to enact legislation, but the president can veto a law that Congress passes

True

The purpose of criminal law is to punish an offender for causing harm to public health, safety, or morals.

True

What are the trial courts in the federal court system called?

U.S. District Courts

Once a case is in the proper court system, ________ determines which trial court in the system will hear the case.

Venue

In 2007, Dole was sued by a group of its employees for:

being made sterile due to the poor working conditions of Dole's banana plantations, Dole knew the chemical would harm the workers but never said anything (Ignoring safety recommendations in their use of pesticides)

The social responsibility of business consists of the expectations ________ impose(s) on firms.

community

An ethical ________ is a problem about what a firm should do for which no clear, right decision is available.

ethical dilemma

Trial courts are courts of ________ jurisdiction.

original

The "public disclosure" test is also known as the ________.

television test

The Foreign Corrupt Practices Act (FCPA) prohibits payments to foreign officials to influence an official act or decision corruptly or to influence a foreign government.

true