Business law 1

A breach of ethics can bring about:

. distrust in the company. possible fines. a drop in earnings.

An ethical duty of confidentiality could be breached where:

. information obtained of banking customers is disclosed. customer lists or leads are disclosed sold to a competing business. proprietary information or technology of a business is revealed via PayPal payment.

Contributory negligence:

. is a bar to recovery under common law

The concept of governmental immunity from liability means that:

. the government may not subject to tort liability.

A summary jury trial is all but which one of the following?

A full and complete hearing of all evidence pertaining to the case.

Best Brand Chickens is a company that process and packs chicken parts to be sold in grocery stores. They recently shipped out thousands of packages without the required labels, required by the Food and Drug Administration, showing consumers how to properly handle and prepare the meat. The company is violating what type of law?

Administrative Law

Defamation consists of which elements?

An untrue statement about a person's reputation Publication Damages that result

Which of the following is a method of dispute resolution?

Arbitration.

The United States Supreme Court is hearing evidence in a lawsuit involving the right for same-sex couples to be legally married. Once their decision is reached, what type of law will it be?

Case Law

Alexandra and Wendy are roommates. Alexandra is suing Wendy for failure to pay her part of the rent for their apartment. Which body of law will govern the lawsuit?

Civil law

Annette was driving her car in a careless way, failing to drive as a reasonably prudent person would under the driving conditions. Fred was crossing the street in a careless way, failing to cross at the crosswalk as a reasonably prudent person would. Annette struck and injured Fred with the car Annette was driving. At trial, it was determined that Annette was 75 percent at fault and that Fred was 25 percent at fault. The injuries sustained amounted to $100,000. How much, if any, recovery Fred would receive in a state that applies the comparative negligence rule?

Conclude that the damages should be assigned to the parties in proportion to their negligence in the situation.

The Racketeer Influenced and Corrupt Organizations (RICO) Act was created by:

Congress.

Vincent is on trial for the attempted kidnapping of a young girl. Among the evidence that the police recovered at the crime scene is a knife that may have Vincent's finger prints on it. Even though the knife is in police evidence, Vincent's attorney is entitled to examine the knife based on what principle?

Discovery

What is true when two parties are held jointly and severally liable?

Each defendant may be held liable to pay the entire judgment.

Is it legal for a potential employer to search a job applicant's name on Google?

Employers can search for information about job applicants on Google as the information is public.

The Constitution of the United States serves what function?

Establishes the structure of the government and the relationship of that government to the people governed.

Sidney lives in an apartment building where there are several wireless internet connections that are not protected by a password. Rather than paying for an internet service, Sidney simply uses these unprotected connections to use the internet. Sidney doesn't see this as stealing because the wireless connection could be easily protect by the owners by simply using a password. What type of ethical reasoning is Sidney using?

Ethical Egoism Theory

The owner of an ice cream factory that has an incident of food borne illness in the ice cream products could be in noncompliance with:

Food production standards

In applying the Laura Nash test to a contemplated course of conduct one should ask:

Have I defined the problem accurately? How would I look at it from the other side of the fence? How did this situation occur? What is my intention? How does this compare to probable results? Can I discuss this with the parties or my boss?

Which of the following has been linked with the long-term growth and profitability of business organizations?

High standards for product quality.

Which of the following is a question business ethicist Laura Nash has developed to help businesspeople reach the right decision in ethical dilemmas?

How would you define the problem if you stood on the other side of the fence?

Claremont McKenna, a small liberal arts college, rounded up the SAT scores of incoming freshmen. They did so in an effort to be more attractive to potential students. What ethical guideline would motivate schools to reflect these numbers honestly?

Integrity and truthfulness.

Madison has been fired from her job. She creates a software virus and uploads it to all the company computers leaving them all malfunctioning. What are the legal issues that Madison might face?

Madison will likely face criminal charges due to her actions

Andrea works for an internationally-renowned restaurant known for its barbecue sauce. As a condition of her employment, Andrea signed a confidentiality agreement, in which she agreed not to disclose any trade secrets of the restaurant. Andrea is considering offering information related to the recipe to one of her company's competitors for a price. Which category of ethical behavior would motivate her the most?

Maintaining confidentiality and loyalty.

Which of the following represents how the law has protected minors from adults that would take advantage of them when making contracts?

Minors can disaffirm some of their contracts.

Which of the following statements is true?

Misdemeanors are less serious than felonies.

An Arizona man was selling drugs illegally. He was taking that money collected from the drug transactions and putting them into a seemingly legitimate medical clinic owned by his brother who showing them as "donations." What form of crime is this?

Money Laundering

Appellate judges can hear the same testimony and consider the same evidence as the trial court did in rendering a decision. Is this true?

No, the appellate court does not hear any evidence

At BTG Accounting Firm, they have a strict dress-code prohibiting employees from wearing jeans, t-shirts or other casual clothing. All employees are required to agree to this dress-code when they are hired. Tracy comes to work on Friday wearing jeans and a tank top and is immediately sent home. Which type of law is Tracy in violation of?

Private Law

Mr. Gerard is suffering in excruciating pain from a fatal and incurable disease. The doctors have given him only a few months to live and he has asked his doctor to use euthanasia (the practice of intentionally ending a life in order to relieve pain and suffering) even though it is illegal in the US. What principle of ethics is Mr. Gerard using when he asks the doctor to do this?

Rights Theory

A group of thieves go into a jewelry store during 10 minutes before the store is set to close. They overpower the guard and threaten to shoot the store employees if they don't hand over all the jewelry and money in the store. What type of common law crime is this?

Robbery

Max is a toy designer chooses to devote his efforts to design a toy that is the safest possible. He does so because he wishes to save lives and prevent injuries. He believes he and his employer have a duty to provide the public with the safest possible toy. The designer's approach to ethical decision-making is best characterized as:

Social contract.

Kendall was found guilty and sentenced to death by the state of Virginia, in which court would Kendall's appeal be heard?

State Supreme Court

Over the past few years, many state legislatures have enacted laws that prohibit smoking in public places. What type of law is this?

Statutory Law

Which of the following is NOT a source of American law?

Substantive law

The "discovery" stage of a trial proceeding includes all but which one of the following?

Summary judgment.

Alex Anderson leases an apartment and has reported to the landlord that he has slipped several times on the steps leading to his apartment. He has informed them that he has to leave the lights on so that the can avoid slipping. The landlord told Alex the steps would be fixed while he was away on a trip so he did not leave his lights on, thinking the steps would be fixed. Upon returning home, he slipped and fell because the steps had not been fixed as promised so he sued his landlord. If the jury was instructed to decide the matter with a potential defense of contributory negligence, what would their conclusion be?

The jury would conclude that Anderson was contributorily negligent and award no damages to him

A man and woman are standing on a public street, exchanging package of what looks like illegal drugs for money. They are doing this in plain sight. Two police officers approach the people, handcuff the people, tell them they are under arrest and take them to the police station without saying anything else or answering the two people's questions. What is the problem with the police officers' actions?

The officers did not read the two people their rights

A programmer working in California creates a computer program to access and unlock password-protected e-books, housed on a publisher's server in Illinois. If the programmer is sued under the Digital Millennium Copyright Act, what would the likely result be?

The programmer would be found "guilty" of the Digital Millennium Copyright Act.

A local newspaper devotes part of each Sunday's issue to profiling people who have performed heroically during the past year. One of the people included in the article was Ashley, an opera star. Eight months earlier, a fire started in the opera house while she was in the middle of a performance. Rather than running out, she stayed to help frightened patrons get out of the facility. The article stated that Ashley had been unable to find work because of burns to her hands and feet and that, as a result, she owes a great deal of money. Ashley sued the newspaper for invasion of privacy. Based on what you have learned in this chapter, how should the case be decided?

The right of privacy protects against giving unnecessary publicity to personal and private matters of the plaintiff's life, but only if the information is necessary to the article.

__________ is a body drafted statutes on various subjects for adoption by the states.

Uniform State Law

A masked man with a gun enters a busy shopping mall and screams that he is going to kill everyone in the mall. Diaz, an off duty police officer, throws himself in front of the gunman and stops him, but in the process, Diaz himself is shot and killed. Officer Diaz was exhibiting what type of ethical behavior?

Utilitarian theory

Sarah Ellis operates a retail store that almost always hires skilled workers who are college graduates; currently, however, her business does have a holiday opening for an unskilled worker. Ellis is considering hiring an uneducated welfare recipient. How would she apply the Blanchard and Peale Three Part to this problem?

Will this conduct be in compliance with the law? Will this conduct make a difference to shareholders or the community? Will I feel good about myself?

O.J. Simpson's Ford Bronco was parked on the street outside his home during the time that officers were investigating his ex-wife's murder. According to the judge in the trial, did law enforcement need a warrant to search the locked vehicle?

Yes, because Simpson had a reasonable expectation of privacy when he parked (and locked) his car.

Which of the following situations reflects a possible challenge to loyalty?

You accept a contract you are supposed to communicate to a friend without letting them know. You hire a college buddy for a company position although another candidate is more qualified. You buy a lot that you learned about researching for a company project.

Criminal offenses are generally defined and their punishments specified by:

a detailed code made up of statutes.

During a recent trial, the Judge discovered that several jurors were using their cell phones to gather information about the trial that was posted online before it was presented in the trial as evidence. What is the likely outcome of this situation?

a mistrial would likely be ruled

In attempting to fulfill the ethical category of integrity, it is important to:

adhere to one's values and principles despite the costs and consequences.

Commercial bribery is defined as:

an agent for another is paid or given something of value in order to make a decision on behalf of his principal that benefits the party paying the agent.

A demurrer is

an assertion that even if the plaintiff's allegations are true, the plaintiff would not be entitled to a remedy.

Duty is:

an obligation of law imposed on a person to perform or refrain from performing a certain act.

Roger and Larry are having a dispute regarding their joint business. They want to have a binding resolution to their dispute, but they would prefer to have the dispute handled privately and by someone with special expertise. The best form of dispute resolution for their problem would be:

arbitration

Which of the following is NOT one of the guidelines for balancing the interests of various stakeholders to resolve ethical dilemmas in business?

check the advisability of the action on the official Ethical Criteria for Businesses.

Karen's job as a bookkeeper is to receive, record & deposit checks for her company. She alters some checks making them payable to her so she can cash them and take the money that rightfully belongs to the company. Karen has:

committed the crime of forgery.

Marie was involved in a car accident when her car was struck by Carlos who had run a stop-light. She is planning to sue Carlos for damages to her car and herself. What is the initial step in this lawsuit?

complaint

The tort of intentional infliction of emotional distress includes:

conduct that goes beyond all decency and produces mental anguish in the harmed individual.

Bryce tells Tony that unless Tony pays him $3,000, he will post details about Tony's fraud arrest in another state to Facebook. The fact that Tony was arrested for fraud is true. In most jurisdictions, what crime is Bryce committing?

extortion.

Strict liability is a type of tort that imposes liability without regard to:

fault.

The tort of assault is intentional conduct that threatens a person with:

fear.

Federal courts have exclusive jurisdiction only over:

federal criminal prosecutions

Hannah was awarded $5 million in damages in a malpractice case against Batlock, the lawyer. Batlock's attorney filed a motion for a judgment notwithstanding the verdict. The motion may be granted if:

if Hannah presented no substantial evidence to the extent that reasonable people could not different as to the outcome.

Matt, a resident of Indiana, while driving on the freeway, hits Bob, a resident of West Virginia, and totally destroys Bob's brand new vehicle. Bob may bring suit in federal district court:

if the amount in controversy is over $75,000.

A crime is a wrong that arises from a violation of a public duty, whereas a tort:

is a wrong that arises from a violation of a private duty

An example of limited or special jurisdiction courts would include:

juvenile courts.

Because of technology:

law has stepped in to reestablish that the right of privacy still exists

A manager who did not commit the crime can held criminally responsible for acts committed in addition to the staff member who committed the act, if:

managers authorized the conduct of the employees. knew about the employees' actions. did nothing to prevent the actions.

Businesses that act irresponsibly in response to ethical challenges:

may have to pay the costs of arbitrary legislation.

A process in which a neutral third party selected by the disputants acts as a messenger to help the parties to resolve their disagreement is known as:

mediation.

The widest range of tort liability arises in the area of:

negligence.

After the jury is called, the opposing attorneys make their __________ to the jury so they can follow the witnesses and better understand the pieces of evidence.

opening statement

The Latin phrase for avoiding harm is:

primum non nocere

kacey was arrested for attempting to rob a jewelry store. During the arrest, Kacey is informed of certain rights such as the right to remain silent and the right to an attorney. These rights are given to Kacey as a part of what type of law?

procedural law

It is the reliance on __________, not the reliance on __________, that produces good business relationships.

promises; litigation

Laws that mandate restaurant inspections exist primarily for protection of:

public health, safety, and morals

Andrew purchased an original oil painting, but the painter refused to deliver the work of art. If he seeks to get an order to have the painting delivered. He will request an order for:

specific performance

If a party wants the court to enforce an agreement for the sale of a house, he would request:

specific performance

Procedural law:

specifies the steps to follow to enforce legal rights.

Precedents

stands as the law in future cases that involve that particular problem

A new state law, passed by the legislature, mandates that all employers must prohibit employee texting in employer vehicles. The law further provides that any employer who allows an employee to text in its vehicles is subject to a court order requiring the employer to enforce the law. This law a matter of:

substantive law.

Computer raiding is:

taking information from a computer without the consent of the owner.

The degree of care required of a professional is:

that degree of care a reasonable professional would exercise under similar circumstances

The U.S. Supreme Court is the only court created by:

the U.S. Constitution.

The laws that create the framework for business and personal rights and duties. The foundation of this framework is/are:

the constitution

A shopkeeper may qualify for the shopkeeper's privilege if:

the customer is kept a reasonable amount of time. the shopkeeper acted with reasonable suspicion. the shopkeeper acted with necessary force.

Taylor, a Caucasian, is called for jury duty. However, the defendant's attorney decides to have Taylor removed from the jury pool because he feels that a predominantly African American jury will be more sympathetic to his client.

the defense attorney's use of the peremptory challenge to exclude Taylor from the jury could be successfully contested and disallowed because it is unconstitutional.

Forgery is:

the fraudulent making or material altering an instrument to create or change legal liability of another person.

The proof of a crime generally involves:

the intent and an act or omission.

A judgment notwithstanding the verdict allows:

the judge to decide, after a jury's verdict, to set aside the verdict as the evidence is so clear that reasonable people could not differ as to the outcome of the case.

In a minitrial:

the parties narrow the focus of the case to one or more limited issues.

The right to privacy could best be described as:

the right to be free from unreasonable intrusion by others.

Individual rights, guaranteed in the U.S. Constitution, consist of:

the right to vote. . due process. . freedom of speech.

Private law is created by:

the rules and regulations parties agree to as part of their contractual relationships.

A robbery is:

the taking of personal property from the presence of the victim by use of force or fear.

Sharon is called for jury duty and is selected for possible service on a jury. However, when the defendant's attorney sees her, he learns that she is from a farm family. Both the defendant and the defendant's attorney dislike farmers, so they strike her name from the jury. In this case:

this is a valid peremptory challenge

The Latin term tortus, which means "crooked, dubious, twisted," is known in the U.S. as a:

tort.

Money laundering involves financial transactions involving:

unlawful proceeds.

Individual rights guaranteed in the United States Constitution:

usually have accompanying duties.

Embezzlement occurs:

when a person fraudulently converts another's property by a person to whom it has been entrusted.

Lexy, an attorney, has a case that was recently heard by the United States Court of Appeals. She would like to have the United States Supreme Court hear the case. One way by which the U.S. Supreme Court may review the case is by:

writ of certiorari

In order to establish the tort of battery, a person must show:

wrongful touching.