Environment of business test 1

So significant is the role of judges in the United States that they determine the meaning of the Constitution and can declare void the legislation of Congress and the acts of the president. This illustrates that the legal system in the United States is based on ________.

common law

Which of the following occurs when one attempts to serve two masters?

conflict of interest

________ do not make law nor do their judges think themselves obligated to follow prior judicial decisions called precedents.

courts

in the federal system, the U.S. constitution gives the power to appoint federal judges, including Supreme Court justices, to:

the advice and consent of the U.S senate

Writs of certiorari are granted primarily in cases:

there are conflicting decisions by two or more lower courts there are conflicts between a lower court decision and a previous Supreme Court decision

As a general rule, the law does not permit a lawyer to reveal confidential communications and testify against a client, even if called to do so at a trial.

true

Jurisprudence refers to the general body of law interpretations by judges as different from legislation passed by legislators.

true

a modern corporation, the very nature of corporate structure gives managers the opportunity to abuse and misappropriate corporate resources owned ultimately by shareholders.

true

in cases tried before a jury, the function of the jury is to decide questions of fact, but the judge still is responsible for deciding questions of law.

true

when the U.S. Supreme Court reviews petitions for a writ of certiorari, the writ is granted if ________ of the nine justices vote to take a case.

4

The Wealth of Nations was written by ________.

Adam Smith

________ of the U.S. Constitution provides that judicial power be vested in the Supreme Court and such lower courts as Congress may create.

Article 3

which of the following acts prohibits employment discrimination based on race, sex, color, religion, and national origin?

Civil rights act of 1964

the primary goal or end of business leaders is to produce a profit. This orientation reflects ________.

Consequentalism

which of the following ethical principles focuses on the common good rather than on individual rights?

Consequentialism

The law protecting the owners of a business organization from the managers who run it for them is ________.

Corporate Governance

In a broad general sense, ________ includes the legal property relations that large businesses have with each other, with their customers, and with society.

Corporate governance

Who is the Chief Justice of the United States now?

John Roberts

The ideas and philosophies that explain the origin of law and its justification are called ________.

Jurispendence

the members of the U.S. Supreme Court are called ________.

Justices

Which of the following philosophies of law tries to go beyond just the words of law to examine what police, administrators, prosecutors, and judges are actually doingas they enforce, interpret, and apply laws?

Legal realism

Which of the following statements is true of the legal system?

Our legal system protects basic human rights

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

Procedural Law

_______ are in effect a form of punishment for violating the law and have a preventive function.

Sanctions

for purposes of diversity jurisdiction, a corporation is a citizen of the state of incorporation and also a citizen of:

State

which of the following is a national group of senior business leaders that has identified a general list of topics that organizational codes of business ethics should cover?

The business roundtable

Lawsuits begin at the ________ level.

Trial court

Legislation passed by the Congress is called a statute or an act.

True

luisiana is the only state in the United States that follows a partial civil law system due to its historical ties with France, a civil law nation.

True

that individuals will do unethical things as part of a mob, which they would never do alone, is widely recognized, and the same pattern can be observed in corporate behavior.

True

the United States, the most significant power of the courts is judicial review, which is the ultimate power to invalidate actions by the president or the Congress.

True

which of the following sources of law ranks the highest in the hierarchy of sources of law?

U.S. Constitution and Amendments

stakeholder theory suggests that ethical corporate behavior ________.

depends on managers who take into account the various stakeholders whose interest the corporation impacts

In the context of property, contract law ________

determines how resources, including labor are exchanged between owners

common property applies to public resources owned by the government (or "state") like roads, public buildings, public lands, and monuments.

false

creation of codes of ethics is far more important than implementation and enforcement of those codes.

false

for businesses, merely to observe the law is sufficient as legal regulations are flexible and adequately informed to be the only social guide for business decision making.

false

One of the reasons U.S. Congress provides for diversity of citizenship jurisdiction is to:

guard against state court bias against the nonresident party in a law suit

plato wrote that immoral behavior often flows from ________.

ignorance

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

Property based legal system

is the central concept of the western legal system

In most states, a jury's decision must be unanimous because:

it is believed that the truth is more nearly to be found if the jury acts only on one common conscience

Which of the following refers to the collection of values that guides human behavior?

morailty

Since the litigants are entitled to only ________ in the court of appeals, a subsequent review by the U.S. Supreme Court must be obtained through a petition for a writ of certiorari to the Supreme Court.

one review

essentially, the judicial power of the federal courts extends to matters involving:

questions of the federal law

the rules of evidence protect confidential client communications to a lawyer to:

reveal such facts such and testify against a client

opponents of the Civil Rights Act of 1964 inserted the prohibition against ________ in employment in hopes of preventing its passage, thinking that such discrimination was acceptable and that many others agreed with them.

sex

According to ________, judges in current cases follow whenever possible the interpretation of law determined by judges in prior cases.

stare decisis