Business Law Test 1

How many circuits are the federal appeals courts divided into?

12

Which of the following citations indicates that the citation is referencing state statutory law? Choose 2 answers.

Cal. Penal Code § 11164(a) (West 2020) Ark. Code Ann. § 6-17-2401 (2020)

What is true of corporate political speech?

Corporate political speech is protected by the First Amendment. Political donations are protected by the First Amendment as types of corporate political speech.

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.

The abbreviation "U.S." in the legal citation Brown v. Board of Education, 347 U.S. 483 (1954) references the:

United States Reports

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

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.

Legal researchers will use which of the following tools to locate a court decision? Choose 2 answers.

bound volumes of reported court decisions, organized by jurisdiction, date, and courts online legal research engines such as Lexis, Westlaw, or Bloomberg

In contrast to federal courts, state courts have what kind of jurisdiction?

broad

What do legal professionals use to analyze court decisions that are relevant to their clients' cases?

case briefing

The principle of stare decisis does which of the following?

creates predictability in the legal system

Which of the following activities is an example of corporate social responsibility?

establishment of a foundation that funds high school educational initiatives

What is the system of government called in which states form a union and share sovereign power with the central government of the union?

federalism

what does venue refer to?

geographic location of court

What are the three levels of scrutiny used by courts to determine the constitutionality of a government action? Choose 3 answers.

intermediate scrutiny strict scrutiny rational basis review

If the U.S. Supreme Court determines that a state or federal law violates the U.S. Constitution, it may:

invalidate the law.

what branch of govt 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.

In ethics, compliance with the law is considered:

moral minimum

What type of speech does not receive First Amendment protections? Choose 3 answers.

obscenity threats to the president of the United States speech that incites lawlessness

A legal citation for a court decision is used by legal professionals to research the law, and includes:

party names, location of the published case, court, and date of decision.

How a hearing or court case is conducted is governed by:

procedural law

What is the lowest level of review by a court to determine whether a government action unconstitutionally infringes on protected rights?

rational basis review

Substantive law governs a person's:

rights and responsibilities

In the United States, who creates state statutory law?

state legislatures

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

Which of the following is the provision of the U.S. Constitution that establishes federal law precedence over state law?

the Supremacy Clause

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

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.

Under which theory of ethics would a decision be ethical if it provides the greatest benefit for the largest number of individuals?

utilitarianism

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

A restriction on commercial speech will be valid if it meets three criteria. What are they?

It must directly advance a government interest. It must seek to implement a substantial government interest. It must not be overly restrictive to meet its objectives.

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.

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

Natural Law

The belief that as humans we are all entitled to certain fundamental rights is a component of which school of thought?

Legal Realist School

The idea that each person has intrinsic biases that impact their decisions is a component of which school of thought?