Intro to Law
D
Statutory law comes from: a. the United States Congress. b. State legislatures. c. executive orders issued by a governor or by the President. d. a and b e. a, b and c
A
A civil lawsuit generally proceeds in the following order: a. complaint, answer, discovery, trial and judgment. b. answer, complaint, discovery, trial and judgment. c. discovery, complaint, answer, trial and judgment. d. complaint, answer, trial, discovery and judgment. e. complaint, reply, discovery, trial and judgment.
E
A law which says that it's illegal to drive faster than 55 miles per hour on a state highway, and which requires a fine of $75 if anyone is caught by the police driving faster than 55 miles per hour on a state highway, is most likely an example of _______________ law. a. substantive b. common c. statutory d. administrative e. a and c
True
A long-arm statute is a state law that allows state courts to obtain personal jurisdiction over out-of-state defendants in a civil lawsuit. True or False?
True
A prospective juror was excused from jury service after being questioned by the defendant's attorney. No reason was given by the defendant's attorney for rejecting the prospective jury member. Under these facts, the juror was most likely rejected for jury service during the voir dire process as a result of a peremptory challenge. True or False?
True
A prospective juror was excused from jury service after being questioned by the defendant's attorney. No reason was given by the defendant's attorney for rejecting the prospective jury member. Under these facts, the juror was most likely stricken from jury service during the voir dire process as a result of a peremptory challenge. True or False?
A
A scene from the movie Class Action was shown in class to demonstrate the use of a/an ______________ during the discovery stage of a civil lawsuit. a. deposition b. request for admissions c. interrogatory d. request for the production of documents e. physical examination
True
A state law that requires all wrongful death lawsuits to be filed within two years of the victim's death is an example of procedural law. True or False?
B
Dr. Martin Luther King's "A Letter From Birmingham Jail," best reflects the _____________ school of legal thought. a. Legal Positivism b. Natural Law c. Legal Realism d. Utilitarianism e. Historical
True
The ABC Company sued DEF, Inc. for breach of contract. After a three-day trial, the jury decides in favor of ABC and orders DEF to pay ABC $75,000 in damages. DEF, however, decides to appeal the jury's decision. Under these facts, DEF will be called the appellant in the appeal case and ABC will be called the appellee. True or False?
False
The ABC Company sued DEF, Inc. for breaking a contract. After a three-day trial, the jury decides in favor of ABC and orders DEF to pay ABC $300,000 in damages. DEF, however, decides to appeal the jury's decision. Under these facts, DEF will be called the appellee in the appeal case. True or False?
D
The American legal system is generally patterned after the _____________ legal system. a. French b. Dutch c. Italian d. English e. Chinese
C
The Blackstone Company is incorporated in the State of Delaware and has its principle place of business located in Blue Earth, Minnesota. Based on these facts, the Blackstone Company is a "citizen" of which state(s) for diversity of citizenship purposes? a. Delaware only b. Minnesota only c. Delaware and Minnesota
True
The City Council for the City of Iowa City has just passed an ordinance that prohibits smoking in certain places in the downtown Pedestrian Mall. This ordinance is an example of statutory law. True or False?
E
The City Council for the City of New York passed a law that made it illegal for high school baseball teams playing in New York City to use metal baseball bats. As discussed in class, this law is an example of: a. state common law. b. federal common law. c. case precedent. d. administrative law. e. statutory law.
C
The Fernandez & Goodman Law Firm filed a civil lawsuit against the Hennessy Company for failing to pay its legal bills. In this civil lawsuit, the Fernandez & Goodman Law Firm is best described as the ______________ and the Hennessy Company the _______________. a. plaintiff, appellant b. appellant, appellee c. plaintiff, defendant d. appellant, defendant e. None of the above
False
Venue involves the question of whether a federal or state court has personal jurisdiction over the parties in a civil lawsuit. True or False?
True
Each state in the United States has its own constitution. True or False?
True
Eva Longoria - star of the television program "Desperate Housewives" - and her boyfriend, professional basketball player Tony Parker, were involved in an altercation with a police officer in San Antonio, Texas. Mr. Parker was charged with impeding traffic and failing to present a valid Texas driver's license. If Mr. Parker decides to contest these criminal charges in court, the burden of proof in his case will most likely be proof beyond a reasonable doubt. True or False?
E
In the case of McCollum v. CBS, Inc., 202 Cal. App. 3d 989 (California 1988), the California Court of Appeals held that: a. Ozzy Osbourne and CBS Records owed no legal duty to John McCollum and were not responsible for John McCollum's death. b. Ozzy Osbourne, but not CBS Records, was legally responsible for John McCollum's death because the lyrics of Osbourne's "Suicide Solution" caused John McCollum to commit suicide. c. The McCollum family's wrongful death claim against Ozzy Osbourne was barred by the free speech protections of the First Amendment of the United States Constitution. d. although Ozzy Osbourne and CBS Records were not legally responsible for John McCollum, they shared in the "moral blame" for John McCollum's death because of their actions in writing, recording and selling the song "Suicide Solution." e. a and c
True
For diversity of citizenship purposes, a corporation is considered to be a resident of its state of incorporation and the state in which it has a principal place of business. True or False?
C
Hawkeye Apartments sues Samantha Student for not paying her apartment rent for the last three months of her lease. Samantha responds to the lawsuit by suing Hawkeye Apartments for not returning the security deposit on her apartment. Based on these facts, Samantha's legal claim against Hawkeye Apartments is best described as a/an: a. complaint. b. summons. c. counterclaim. d. affirmative defense. e. reply.
False
If either party in an arbitration case is unhappy with an arbitrator's award, the unhappy party may appeal the arbitrator's award to appellate court and the appellate court will review the arbitrator's award the same way (using the same legal standards) that it would use to review the decision of a trial court. True or False?
E
In McCollum v. CBS, Inc., 202 Cal. App. 3d 989 (California Court of Appeals 1988) - the "Ozzy Osbourne case" - the California Court of Appeals decided that: a. Ozzy Osbourne had a legal duty to put a warning label on his record albums because the lyrics of Osbourne's music were specifically marketed to "unstable youth." b. CBS, Inc. and Ozzy Osbourne were legally responsible for the death of heavy metal musician Bon Scott. c. under California common law, Ozzy Osbourne was legally responsible for the suicide death of John McCollum. d. while Ozzy Osbourne did not have a legal duty to warn John McCollum about the graphic and violent nature of his music lyrics, Osbourne was morally responsible for John McCollum's suicide. e. None of the above
C
In McCollum v. CBS, Inc., 202 Cal. App. 3d 989 (California Court of Appeals 1988) - the "Ozzy Osbourne case" - the California Court of Appeals decided that: a. Ozzy Osbourne's song, "Suicide Solution," was intended to cause listeners to commit suicide. b. while Ozzy Osbourne did not have a legal duty to warn John McCollum about the graphic and violent nature of his music lyrics, Osbourne was morally responsible for John McCollum's death. c. Ozzy Osbourne's music, and specifically his song "Suicide Solution," was protected by the First Amendment's protection of free speech and artistic expression. d. since John McCollum's suicide was a foreseeable consequence of his listening to Ozzy Osbourne's music, Osbourne and CBS, Inc. were legally responsible for his death. e. None of the above
False
In Soldano v. O'Daniels, 141 Cal. App. 3d 443 (1983), the California Court of Appeals decided that it could not change California common law because of the legal doctrine of stare decisis. True or False?
True
In Soldano v. O'Daniels, 141 Cal. App. 3d 443 (California Court of Appeals 1983), the California Court of Appeals overturned its own case precedent to decide that a bartender had a legal duty to let a person use the bar's telephone to report a possible crime. True or False?
E
In his "A Letter from Birmingham Jail," Dr. Martin Luther King: a. relied on the principles of natural law to explain the difference between "just" and "unjust" laws. b. argued that segregation laws were "unjust." c. claimed that citizens have a moral obligation to disobey "unjust" laws. d. a and b e. a, b and c
D
In order for a federal district court to have "diversity of citizenship" subject matter jurisdiction over a civil lawsuit, the plaintiff and defendant must be citizens of different states and the amount in controversy - the amount of money being sued for in the case - must exceed: a. $25,000. b. $50,000. c. $70,000. d. $75,000. e. $100,000.
False
In order for the United States Supreme Court to grant a writ of certiorari, all nine Supreme Court justices must vote to accept the appeal. True or False?
E
Ron is arrested for violating Section 123.46 of the Iowa Code for public intoxication. If Ron is convicted of public intoxication, he may have to pay a fine or spend 30 days in jail. This statute (Section 123.46 of the Iowa Code) would be characterized as an example of _________________ law. a. criminal b. civil c. public d. private e. a and c
E
Sarah thought that she had a contract with Ashley to buy Ashley's car for $5,000. Ashley now claims that she never agreed to sell her car to Sarah. Sarah filed a lawsuit against Ashley in the Iowa District Court for Johnson County, asking the court to enforce her contract with Ashley. Based on these facts, Sarah's lawsuit against Ashley will likely involve: a. substantive law. b. civil law. c. procedural law. d. private law. e. All of the above
False
Scott is from a small town in northeast Iowa. He is called in for jury duty. The case is a sexual harassment lawsuit involving a female boss allegedly harassing her male administrative assistant. During voir dire, the plaintiff's lawyer (who represents the male administrative assistant) asks Scott what he thinks about "women in the workplace." Scott answers, "Women don't belong in the workplace, they belong at home cooking and caring for babies." Based on these facts, Scott may only be released from his jury responsibilities through the use of a peremptory challenge. True or False?
E
What steps can a business take to create a more ethical workplace for its employees? a. Hire top-level managers who exhibit ethical behavior b. Create a written code of conduct that clearly explains the type of workplace behavior that is "bad" or "unethical" c. Establish reasonable sales and production goals d. Require regular ethics training for all employees e. All of the above
True
Whether or not evidence can be introduced in court during a trial is an example of procedural law. True or False?
D
Which of the following statements is false? a. A substantive law creates or defines legal rights and obligations. b. Concurrent jurisdiction is when the federal and state court systems both have jurisdiction over a case. c. A long-arm statute is a state law that allows state courts to obtain personal jurisdiction over out-of-state defendants. d. Studies and experience have shown that the unethical conduct of corporate management is unlikely to affect the behavior of lower level employees. e. None of the above
E
Which of the following statements is false? a. There is at least one federal district court in every state in the United States. b. Constitutions exist at both the federal and state level. c. The United States Constitution is the "supreme law" of the United States. d. There are 52 court systems in the United States. e. None of the above
E
Which of the following statements is false? a. We are accountable under the law for the consequences of intentional or reckless behavior and for the unintended consequences of our actions when the harm or risk is "reasonably foreseeable." b. The law establishes legal rights and creates legal responsibilities that we owe other people. c. Just because an action is seen by many people as being "unethical" or "immoral" does not mean that it is illegal. d. A single act can violate both the criminal law and the civil law. e. None of the above
D
Which of the following statements is true? a. A federal statute covers all 50 states. b. Common law is based on case law/case precedent. c. Constitutional law, as a source of American law, only includes the United States Constitution. d. a and b e. a, b and c
E
Which of the following statements is true? a. One of the reasons that managing a business today has become more challenging is the increased number of laws and regulations that affect the decisions that managers have to make. b. Given the public's interest in business ethics, it is important for today's business managers to consider whether a business decision is both legal and ethical. c. As demonstrated by clips from the movies Office Space and The Insider seen in class, the lack of ethical leaders/role models may help to explain unethical business practices. d. An action may be legal yet unethical. e. All of the above
D
Which of the following statements is true? a. Research shows that employee look to "role models" - usually their managers and supervisors - when deciding what kind of behavior is considered "right" or "wrong" at work. b. The movie Office Space suggests that employees who are treated unfairly by their managers may try to "get even" by doing unethical things. c. A study conducted by researchers at Ohio State University suggests that employee theft can be totally eliminated if employees are required to complete an ethics training course. d. a and b e. a, b and c
D
A/an _________________ is a pleading filed by the plaintiff in response to a counterclaim filed by the defendant in the same lawsuit. a. summons b. affirmative defense c. answer d. reply e. affidavit
True
An arbitrator's authority or "jurisdiction" to decide a case is generally determined by the parties who pick the arbitrator to decide their case. True or False?
E
An opinion written by a judge on a court of appeals who disagrees with the decision of the majority of the court is best described as a __________________ opinion. a. plurality b. en banc c. sua sponte d. majority e. dissenting
C
Appeals from the federal district courts in Iowa go directly to the: a. United States Supreme Court. b. Iowa Court of Appeals. c. 8th Circuit Court of Appeals. d. Iowa Supreme Court e. None of the above
D
As discussed in class, _______________ is an example of a company that has made business decisions based on the "stakeholder" view of corporate social responsibility. a. Delphi Corporation b. Enron Corporation c. Brown & Williamson d. Malden Mills e. Philip Morris USA
False
As discussed in class, the United Nation's Global Compact is an example of international statutory law. True or False?
E
Assume that the Nike Corporation is faced with the decision of whether or not to end a contract with a South American company that makes Nike shoes and sweatshirts. This company, further assume, has been criticized for not keeping its plant clean and safe for its employees. Who does Nike consider to be its "core stakeholders" when making this type of decision? a. Nike shareholders. b. Customers who buy Nike shoes and sweatshirts. c. Athletes who star in Nike advertisements. d. a and b e. a, b and c
True
Assume that the State of Iowa passes a law that conflicts with the United States Constitution. Because the United States Constitution is the "supreme law of the land," a court would most likely find the Iowa law unconstitutional and invalid. True or False?
E
Bill, a citizen of the State of Iowa, is driving through Maryland and hits a car driven by Kelly, a citizen of the State of Maryland. Assume that Maryland has an applicable long-arm statute and Kelly's damages exceed $100,000. Based on these facts, which of the following statements is true? a. Kelly will be able to sue Bill in Maryland state court because Kelly is a citizen of the State of Maryland. b. Kelly will be able to sue Bill in Maryland state court because the accident occurred in the State of Maryland. c. Kelly will be able to sue Bill in federal district court. d. Kelly will not be able to sue Bill in Maryland state court because Bill is not a Maryland citizen. e. b and c
D
Cedrick Bobby Lemon was injured at a Mary J. Blige concert in North Carolina in 1995 when he was punched in the head by a bodyguard employed by Sean Combs. Mr. Lemon later sued Mr. Combs - also known as "Diddy," "P. Diddy" and "Puff Daddy" - claiming that Mr. Combs had not properly trained his bodyguard and that he (Mr. Combs) was responsible for Mr. Lemon's injuries. Mr. Combs never responded to Mr. Lemon's lawsuit. The court entered a judgment in Mr. Lemon's favor in the amount of $2 million. Based on these facts, the judgment entered against Mr. Combs because he did not respond to Mr. Lemon's lawsuit, is best described as a: a. summary judgment. b. directed verdict. c. judgment notwithstanding the verdict. d. default judgment. e. judgment on the pleadings.
False
Civil lawsuits can always be decided by the state court in the state in which the plaintiff is a resident. True or False?
B
Country music singer John Michael Montgomery was arrested for drunk driving in February 2006 by Lexington, Kentucky police officer Joshua Cromer. After his arrest, Mr. Montgomery made several public statements - and a written statement to the Lexington Police Department - that Officer Cromer "stole his hat" during the arrest and planned to sell the hat on eBay. Mr. Montgomery is known by his fans for the fancy cowboy hats he wears. Based in large part on Mr. Montgomery's statements, the Lexington, Kentucky Police Department later fired Officer Cromer from his job. Officer Cromer has recently filed a lawsuit against Mr. Montgomery in Kentucky state court, claiming that Mr. Montgomery's statements that Officer Cromer "stole" his cowboy hat and planned to sell the hat on eBay were false and have "defamed his character." If Officer Cromer's civil lawsuit against Mr. Montgomery goes to trial, the evidentiary standard the judge or jury will use in the case to make a decision will be: a. proof beyond a reasonable doubt. b. a preponderance of the evidence.
D
In the movie The Insider, Russell Crowe plays Dr. Jeffrey Wiegand, a researcher with Brown & Williamson, the third largest tobacco company in the United States. As discussed in class, and based on the scene of The Insider viewed in class, Dr. Wiegand faced the following ethical issues involving his employment with Brown & Williamson: a. Dr. Wiegand was asked by the producers of the 60 Minutes television program to violate his signed confidentiality agreement with Brown & Williamson and talk about how Brown & Williamson manufactured cigarettes. b. Dr. Wiegand accepted a good salary and health insurance benefit package with Brown & Williamson - despite concerns he had about the company's "ethics" - so that he could take care of his family. c. Dr. Wiegand was forced by Brown & Williamson to fire one of the scientists on his research team who went on television to talk about how the company manufactured cigarettes. d. a and b e. a, b and c
8th
Iowa is located in the federal circuit for the ___ Circuit Court of Appeals.
True
It may be difficult for a business to use the "law" as a standard to determine "ethical conduct" because laws are frequently different from one state to the next and laws generally contain "gray areas" that make it difficult to predict how law may apply to a particular situation. True or False?
E
Jennifer was hired to be a Senior Account Executive at TruBlue CleanUp Company ("TruBlue"). TrueBlue has several contracts with the University of Iowa to clean up buildings contaminated by flood water. Jennifer's boss, Lon, casually told Jennifer the other day, "Make sure you charge the University more than our other customers, they can afford it. Remember that your commission depends on how much money we make on those contracts with the University." How might this conversation with Lon affect Jennifer? a. Jennifer may think that overcharging customers is acceptable behavior at TrueBlue. b. Jennifer may think that if she does not overcharge the University, Lon may give her a negative performance appraisal. c. Jennifer may think that unethical behavior is rewarded at TrueBlue. d. Jennifer will be more influenced by Lon's behavior, as her supervisor, than with any type of written company policy. e. All of the above
C
John opened a new credit card account a year ago. Upon opening the account, John signed a contract agreeing to arbitrate any disputes he had with the credit card company. John's credit card company is now demanding that John pay for charges that he says are not his. John must do which of the following if he wants to settle this dispute with the credit card company? a. John must file a lawsuit against the credit card company in federal district court. b. John must file a lawsuit against the credit card company in state court. c. John must arbitrate the dispute with the credit card company. d. John may choose to either arbitrate the dispute with the credit card company or file a lawsuit against the credit card company in either federal district court or in state court. e. a or b
D
Kanye West and 50 Cent are very successful recording artists. Over the past few years, the personal relationship between the two artists has been strained. West and 50 have criticized each other for their different political views and the style of rap music each favors. West even went so far as to schedule the release of his newest album - "Graduation" - on the same day (September 18, 2007) that 50 planned on releasing his new album - "Curtis." 50 Cent responded by threatening to retire from recording music if the sales of his "Curtis" album don't exceed sales of West's "Graduation." Assume that the managers for both Kanye West and 50 Cent want the two recording artists to "talk through" their differences and try to resolve - using the help of a neutral third-party - all of their disputes before they end up suing each other in court. This type of "alternative dispute resolution" ("ADR") is best described as: a. arbitration. b. mini-trial. c. summary jury trial. d. mediation. e. on-line arbitration.
False
Kara, a citizen of the State of Iowa, sues John, a citizen of the State of Nebraska for fraud under Iowa common law. Kara's civil lawsuit against John includes a claim for damages in the amount of $50,000. Based on these facts, an Iowa state court and a federal district court in Iowa would both have subject matter jurisdiction over Kara's lawsuit against John. True or False?
D
Lawrence Kohlberg identified different stages of moral development and concluded that most people reach the "law and order" stage, meaning in the workplace that employees will look to company policy to help them decide what is "right" and "wrong." As discussed in class, which of the following companies tries to give its employees "bright line" policies or checklists that they can use when faced with ethical questions? a. WorldCom Corporation b. Dana Corporation c. Procter and Gamble d. b and c e. a, b and c
E
Lawyers for actress Jennifer Aniston have threatened to file a lawsuit against several tabloid publications if they print topless pictures of Ms. Aniston. The basis for this lawsuit, according to Ms. Aniston's lawyers, is a California statutory claim of invasion of privacy - the photographer who took the pictures allegedly used a "powerful telephoto lens" to take pictures of Ms. Aniston sunbathing in the privacy of her back yard. If Ms. Aniston does ultimately sue these tabloid publications, her lawsuit will be best described as a __________ case based on __________ law. a. civil, public b. criminal, procedural c. civil, private d. civil, substantive e. c and d
E
Many companies are implementing employee codes of conduct, instead of just telling their employees to "follow the law," because: a. ethical dilemmas frequently involve situations that are ambiguous and codes of conduct give guidance to employees about what is "right" and "wrong." b. the law does not cover every possible situation that can arise in the workplace. c. many employees look to company policy, reflecting Kohlberg's "conventional stage" of moral development, to understand the company's expectations as to what is "right action." d. the law often times varies from one state to another and does not, as a result, establish a clear ethical standard for employees to follow. e. All of the above
A
On December 13, 2005, Mustafa Abuelhija sued comedian Dave Chappelle for breach of contract. Mr. Abuelhija claimed that he worked as Mr. Chappelle's personal business manager and that Mr. Chappelle owes him $864,500. If Mr. Chappelle fails to respond to Mr. Abuelhija's lawsuit - Mr. Chappelle has in the past been known to take unannounced leaves of absence - Mr. Abuelhija will win the lawsuit by: a. default judgment. b. summary judgment. c. directed verdict. d. judgment notwithstanding the verdict ("j.n.o.v."). e. None of the above
B
One of John Edward's campaign staffers was driving across the State of Missouri on his way to New Hampshire for a campaign event. The staffer was extremely sleepy from a long day of work. Resting his eyes for barely a second, the staffer suddenly woke up to find a professor from Arizona State University yelling at him. It seems the campaign staffer fell asleep at the wheel of his car, ran a red stop light and hit the professor's car. The accident occurred in St. Louis, Missouri. The Edwards campaign staffer is a resident of North Carolina. The professor is a resident of Arizona - he was visiting friends in St. Louis at the time of the accident. If the professor decides to file a lawsuit against the Edwards campaign staffer, to recover the cost of repairing her car damaged in the accident (about $25,000), which courts would have both personal and subject matter jurisdiction over the lawsuit? Note: Assume that the professor would file her lawsuit under common law and that the States of Missouri, North Carolina and Arizona all have "long-arm statutes." a. Federal district court in Missouri b. Missouri state court c. Federal district court in North Carolina d. Federal District court in Arizona e. a, c and d
True
One of the important functions of law in any society is to provide stability, predictability and continuity so that people know how to properly order their affairs. True or False?
B
Paris Hilton has filed a civil lawsuit against Hallmark Cards, claiming that Hallmark used her likeness on Hallmark greeting cards without Ms. Hilton's permission. Ms. Hilton's lawsuit involves California common law and was filed in federal district court in California. Hallmark Cards is a Missouri corporation with a home office in Kansas City, Missouri. Ms. Hilton is a resident of Los Angeles, California. She is asking for damages "in excess of $100,000" in her lawsuit. As discussed in class, Ms. Hilton's civil lawsuit was filed in federal district court because the court had ____________________ subject matter jurisdiction over the case. a. federal question b. diversity of citizenship
C
Patrick Hamman of Des Moines was arrested and charged in September 2007 with domestic assault (a crime under Iowa statutory law) after throwing a bag of Cheetos at his father during an argument (I am not making this up). The bag of Cheetos apparently hit Mr. Hamman's father in the face, breaking his glasses and causing a cut to the bridge of his nose. Patrick Hamman admitted to police that he was on methamphetamine at the time of the argument with his father. Based on the these facts, the classification(s) of law involved in this case include: a. civil law. b. common law. c. public law. d. b and c e. None of the above
D
The United States Supreme Court will grant a writ of certiorari and review a case on appeal if ____ Supreme Court justices vote to approve issuing the writ of certiorari. a. nine b. eight c. six d. four e. two
E
The Wage and Hour Division of the Federal Department of Labor is a federal administrative agency that was created to enforce and interpret the Fair Labor Standards Act, a federal law passed by the United States Congress which requires covered employers pay a minimum wage (currently $6.55 per hour) and overtime to eligible employees. This federal administrative agency has also implemented administrative regulations that define which types of employees are entitled to receive overtime and which type of employees are "exempt" (i.e., "not covered") by the law. Assume that you operate a travel agency and have received a complaint from the Wage and Hour Division claiming that the travel agency violated the Fair Labor Standards Act because you are not paying overtime to the employees working in your business. You believe that your employees, using the Wage and Hour Division's administrative regulations and based on your reading of the Fair Labor Standards Act, are not eligible for overtime pay. In your case with the Wage and Hour Division of the Federal Department of Labor, based on these facts, the source(s) of law will include: a. common law. b. constitutional law. c. administrative law. d. statutory law. e. c and d
False
The federal Sarbanes-Oxley Act of 2002 prohibits U.S. companies doing business in other countries from paying bribes to foreign government officials if the purpose of the payment is to "get the official to act in his or her official capacity to provide business opportunities." True or False?
False
The legal doctrine of stare decisis prohibits a state court from modifying, revising or overturning common law case precedent. True or False?
E
The movie Enron: The Smartest Guys in the Room studies the reasons for the significant lapses in ethical judgment demonstrated by Enron's top level management. Which of the following reasons, as discussed in class, may help to explain the ethical problems at Enron? a. The lack of ethical leaders/role models. b. Deregulation of electricity by the California legislature created a "gray area" in the law that Enron traders and other executives took advantage of. c. A corporate culture that emphasized risk taking and increasing the company's stock price at "all costs." d. a and b e. a, b and c
A
Which of the following civil lawsuits could be filed in federal district court? a. A case in which a state employee is suing the State of Ohio for allegedly violating her rights under the First Amendment to the United States Constitution. b. A common law breach of contract case in which Gert, a citizen of Minnesota, is suing Ajay, a citizen of Wisconsin, for $65,000. c. A case in which Harry, a citizen of Missouri, is suing his employer, Benji's Bait and Smoke House, a business located in St. Louis, Missouri, for sexual harassment under Missouri state employment laws and asking for $25,000 in money damages. d. a and b e. a, b and c
B
Which of the following companies, as discussed in class, tends towards the "shareholder" approach to corporate social responsibility? a. Smucker's Jam b. Phillip Morris USA c. British Petroleum ("BP") d. a and c e. a, b and c
D
Which of the following is an advantage of using mediation as a form of alternative dispute resolution ("ADR")? a. Mediation generally takes less time and is less expensive than a court case. b. Mediation is a confidential process, meaning that generally only the parties involved and the mediator will know what was said and agreed to during the mediation. c. If the parties cannot reach an agreement in mediation, the mediator will ultimately make a "final and binding" award to resolve the dispute. d. a and b e. a, b and c
C
Which of the following is an example of public law? a. Contract law b. Tort law c. Criminal law d. Landlord-Tenant law e. None of the above
D
Which of the following is best described as a "trial court" in the federal court system? a. The 9th Circuit Court of Appeals (based in San Francisco) b. The Iowa Supreme Court c. The Iowa Court of Appeals d. The United States District Court for the Northern District of Illinois e. The 7th Circuit Court of Appeals (based in Chicago)
A
Which of the following is best described as a court of special or limited subject matter jurisdiction? a. Small Claims Court for Johnson County Iowa b. State District Court for Johnson County Iowa c. Federal District Court for the Eastern District of Iowa d. Seventh Circuit Court of Appeals - a federal appeals court e. United States Supreme Court
A
Which of the following is best described as a court of special or limited subject matter jurisdiction? a. Small Claims Court for Johnson County Iowa b. State District Court for Johnson County Iowa c. Federal District Court for the Eastern District of Wisconsin d. Seventh Circuit Court of Appeals - a federal appeals court e. United States Supreme Court
B
Which of the following statements best describes Milton Friedman's view of the social responsibility of a business? a. The social responsibility of a business is to contribute financially to causes that will increase the social good while also improving the company's reputation. b. The only social responsibility of a business is to maximize the wealth of the shareholders while "conforming to the basic rules of the society, both those embodied in law and those embodied in ethical custom." c. The "social responsibility of a business" does not exist, and a business is therefore able to make as much money as possible without regard for following any established ethical or legal standards. d. The social responsibility of a business is to first identify all groups or persons impacted by the business' operations - its stakeholders - and then to make business decisions that have the best outcome for as many of the business' stakeholders as possible. e. a and d
A
Which of the following statements best describes the Court of Appeal's decision in Soldano v. O'Daniels, 141 Cal. App. 3d 443 (California Court of Appeals 1983)? a. The bartender had a legal duty to, at a minimum, let the patron from the Happy Jack's Saloon call the police after being told that Soldano was being threatened at Happy Jack's. b. The bartender did not owe a legal duty to Soldano because no special relationship existed between the bartender and Soldano. c. The case was dismissed because Soldano's son did not have standing in the case to sue for the wrongful death of his father. d. The court held that the bartender had a moral duty, but not a legal duty, to call the police to assist Soldano. e. None of the above
C
Which of the following statements best describes the legal doctrine of stare decisis? a. The rules which govern the process of appealing a court's ruling. b. The process attorneys use in a civil case to select members of a jury. c. A common law doctrine under which judges use previously decided cases, or "precedents," to make a decision in a case. d. The legal doctrine that identifies certain universal or "natural" rights that belong to each and every member of society. e. A common law doctrine that gives a court the authority to give a plaintiff in a civil lawsuit a fair and adequate remedy "in equity" when no remedy is available at law.
C
Which of the following statements best states the general rule concerning a court's review of an arbitrator's decision? a. An arbitrator's decision is not "final and binding" on the parties. b. A court may overturn the arbitrator's decision if the court disagrees with the outcome of the arbitration case and the way that the arbitrator reviewed the exhibits and witness testimony. c. A court may overturn the arbitrator's decision if the arbitrator is shown to be prejudiced in favor of one of the parties in the arbitration case. d. A court may never overturn the decision of an arbitrator. e. Only federal courts have subject matter jurisdiction to review the decision of an arbitrator.
C
Which of the following statements is false? a. A basic knowledge of the laws and regulations that apply to a business helps managers make better business decisions. b. In today's society, business leaders are generally expected to consider whether a business decision is both legal and ethical. c. Legal realism is based on the idea that all people have fundamental "natural rights" that cannot be taken away by court decision or by statutory law. d. The United States Constitution is the "supreme law of the land," meaning that it is the basis for all law in the United States. e. None of the above
E
Which of the following statements is false? a. A legal decision may also be unethical. b. The United States Supreme Court is a court of both original and appellate jurisdiction. c. As a general rule, courts overturn/reverse the decisions of trial courts on appeal more often than courts reverse or overturn the decisions of arbitrators. d. The increased use of the Internet by businesses has generally made it more difficult for state courts to obtain personal jurisdiction over out-of-state businesses in civil lawsuits. e. None of the above
C
Which of the following statements is true? a. The United States Supreme Court is only a court of appellate jurisdiction. b. As a general rule, courts overturn/reverse the decisions of arbitrators on appeal more often than courts reverse or overturn the decisions of trial courts. c. The increased use of the Internet by businesses has generally made it more difficult for state courts to obtain personal jurisdiction over out-of-state businesses in civil lawsuits. d. The primary source of law in the case of Soldano v. O'Daniels, 141 Cal. App. 3d 443 (California Court of Appeals 1983) was California statutory law. e. a, b and c
E
Which of the following statements is true? a. The burden of proof is higher in criminal cases than in civil cases. b. Civil law is generally based on common law and case precedent while criminal law generally relies on statutory law. c. Criminal law is viewed as protecting society from harm while civil law is intended to compensate individuals for their injuries and harm through money damages. d. A criminal defendant who is convicted of committing a crime can be fined or sent to jail; on the other hand, a defendant in a civil case may be ordered to pay fines or money damages to compensate the plaintiff for her/his damages. e. All of the above
B
Which of the following statements would a supporter of the "shareholder" view of corporate social responsibility most likely agree with? a. Corporations should donate or contribute as much money as possible to the communities in which they do business because they have social responsibilities to those communities. b. A corporation's "social responsibility" is to maximize its profits and follow all applicable law. c. Before making a business decision, the executives of a corporation must first identify everyone who could be impacted by the decision (e.g., shareholders, employees, the government, customers, suppliers, environmental groups, etc.) and then make a decision that satisfies as many of the interests of this group as possible. d. a and c e. a, b and c
E
While walking down Melrose Avenue on a football game Saturday, Jack Bauer was injured when the tent owned and maintained by the Great Big Asinine Turkey Leg ("GBATL") restaurant fell on him. After making a full recovery from his injuries, Jack received his medical bill ($75,000) from the University of Iowa Hospitals and Clinics. Jack decided to sue the owner of the GBATL restaurant under Iowa common law for negligently maintaining the tent that caused his injuries. Based on these facts, Jack's civil lawsuit against the owner of the GBATL restaurant will involve: a. private law. b. public law. c. criminal law. d. civil law. e. a and d
D
Who is the best known supporter of the view of corporate social responsibility that a business should "make as much money as possible while conforming to the basic rules of the society, both those embodied in law and those embodied in ethical custom"? a. Andrew Jorgenson b. Immanuel Kant c. Jeremy Bentley d. Milton Friedman e. Dietrich Bonhoeffer
E
Who said that "there is one and only one social responsibility of business - to use its resources and engage in activities designed to increase its profits so long as it stays within the rules of the game, which is to say, engages in open and free competition without deception or fraud"? a. Alan Greenspan b. Aaron Feuerstein c. Maurice Greenberg d. Andrew Jorgenson e. Milton Friedman
E
Why is it difficult to use the law - statutes and court cases - as a standard by which to judge ethical conduct? a. Law is frequently different from one state to the next and certainly from one country to the next. b. The numerous "gray areas" in the law make it difficult to predict with any type of certainty how a court will decide a case. c. As discussed in class, it is possible to do things that are "legal" yet still be acting "unethically." d. The law - as reflected in the Civil Rights Movement in the United States - doesn't always keep up with changes in our society. e. All of the above
B
You are suing your former landlord for refusing to return your security deposit at the end of your apartment lease. The landlord claims that you left your apartment in "a mess" and that she had to spend the entire amount of the security deposit ($600) to clean the carpet in your apartment. You are involved in the discovery phase of the lawsuit against your landlord. Which discovery tool will best allow you to obtain copies of the carpet cleaning bills for your apartment from the landlord? a. Interrogatory b. Request for the production of documents c. Request for admissions d. Deposition e. A motion in limine
E
You own a small manufacturing company (M and P, Inc.) located in Luverne, Minnesota. The company's production employees are represented by a labor union - the Machinists International Union ("MIU"). M and P, Inc. recently lost a contract with its largest customer. If you decide to close the company, what "stakeholders" will be affected by your decision? a. M and P, Inc. employees b. MIU c. M and P, Inc. customers d. City government in Luverne, Minnesota e. All of the above
A
You represent the owner of a bar who is a defendant in a lawsuit filed by a person injured in a car accident with a drunk driver. The drunk driver had been drinking at your client's bar. The plaintiff is claiming that the bar owner (your client) was negligent in serving drinks to the drunk driver. You are interested in talking to the plaintiff while he is under oath to determine the extent of his damages and to see what kind of witness he would be in court. What discovery tool would you most likely use? a. Deposition b. Written interrogatories c. A voir dire examination d. Request for the production of documents e. An in camera review
A
___________________ is generally considered to be the simplest and least formal type of alternative dispute resolution ("ADR"). a. Negotiation b. Mediation c. Arbitration d. Mediation-arbitration e. A mini-trial