law 231 unit 1 study questions

Which of the following is considered to be the earliest forerunner to modern day law?

Code of Hammurabi

Data Inc. pays income and other taxes collected by the Internal Revenue Service (IRS). Like other federal administrative agencies, the IRS was created by

Congress, through enabling legislation.

A constitutional rule that allows Congress to give some of its authority to agencies is referred to as the

Delegation Doctrine

A resident of one state, when in another state, can be denied the privileges and immunities of that state for any reason.

False

A secondary source of law establishes the law on a particular issue.

False

Privacy rights receive no protection under federal law.

False

Procedural due process focuses on the content of legislation.

False

The term moral minimum is best defined as the highest degree of ethical behavior expected of a firm.

False

When profit maximization is the goal, a company does not benefit from ethical behavior.

False

Grain Farm Inc. files a suit against Harvest Services. Before the court can exercise jurisdiction over Harvest, the court must have proof that

Harvest was notified of the suit.

Khloe brings suit against Kylie for defamation, for spreading nasty personal rumors about her that are not true. Kourtney is a witness for Khloe, and Kendall is a witness for Kylie. Kim, who just recently graduated law school and passed the bar exam in California, has been hired by Kylie to represent her in the case. Who is the defendant?

Kylie

Which of the following are considered primary sources of American law?

The U.S. Constitution and state constitutions.

Corporate "citizenship" involves making decisions beyond just maximizing profits and dividends.

True

Corporations enjoy many of the same rights and privileges as natural persons do.

True

The Sarbanes-Oxley Act was enacted to reduce the number of unethical business decisions by requiring the accountability of publicly traded companies.

True

The dormant commerce clause comes into play when state regulations affect interstate commerce.

True

Under the full faith and credit clause, any judicial decision in one state with respect to contract rights will be honored and enforced in all states.

True

Voir dire refers to the jury selection process.

True

A precedent is

a court decision that furnishes an example for deciding subsequent cases involving similar or identical facts or principles.

To prepare for a trial between Sky Quest Inc. and Telescope Company, the plaintiff's attorney places the defendant's chief executive officer (CEO) under oath. A court official makes a record of the attorney's questions and the CEO's answers. This is

a deposition.

Stare decisis is best defined as

a doctrine under which judges follow established precedents.

A dispute between two cheese makers—Cheddar Creamery Company and Deli Dairy Inc.—falls under a state statute on unfair trade practices. The application of this law to these parties must be determined by

a judge

The Federal Emergency Management Agency (FEMA) discovers that Rescue Inc. is violating a FEMA regulation. If this situation is resolved like most such disputes, the outcome will be

a negotiated settlement.

An award of damages is

a payment of money or property

Sportsfield Inc. files a suit against Tailgate Services. Before the trial, during the jury selection process, Sportsfield's attorney asks, without providing any reason, that one of the potential jurors not be sworn in. This is

a peremptory challenge.

The means to enforce a right or compensate for the violation of a right is

a remedy

The Environmental Protection Agency (EPA) wants Waste Disposal Company to produce certain records for review. The EPA can gain access to the records through

a subpoena.

A proceeding in which an administrative law judge hears and decides issues that arise when an agency charges a person or a firm with an agency violation is

adjudication

Ginny and Haruto present their case to an Idaho state court for resolution. The court defers to a different Idaho court's findings of fact in the case, and focuses on the application and interpretation of the law to the dispute. The court currently deciding Ginny and Haruto's dispute is

an appellate court.

Sources of law that courts must follow in deciding a case are called binding authority. Binding authority does not include:

an article from a reputable newspaper such as the Wall Street Journal

Ordering a party to perform what was promised is

an equitable remedy.

An injunction is

an order to do or to refrain from doing a certain act.

Cornel and Deanna resolve their dispute over the subsidence of Cornel's real property due to Deanna's excavation for an irrigation pond by having a neutral third party render a binding decision. This is

arbitration

The concept of venue reflects the policy that a court trying a case should

be in the geographic neighborhood of the incident or parties in dispute.

Loni files a civil suit against Meme's Bridal Shop, seeking to recover the amount of a refund for an undelivered wedding dress. To succeed, the plaintiff must prove her case

by a preponderance of the evidence.

The classification of law that concerns the rights and duties that exist between persons and between citizens and their government is

civil law

A business corporation that acts to ensure its employees are treated fairly and its operations minimally impact the environment is applying the concept of

corporate social responsibility.

Bess files a suit against Chet over the sale of Dairy Farm. During the trial, after the plaintiff's attorney is finished questioning the first witness, the witness is subject to

cross-examination

Sharp Machine Company files a suit against Tseng Parts Ltd., alleging a defective shipment of goods. During the trial, the plaintiff's attorney calls the first witness and asks questions. This questioning is called

direct examination.

River City enacts an ordinance that prohibits all advertising on the sides of trucks. A court would likely review this ordinance under the principles of

due process

To reduce traffic, Market Town enacts an ordinance that allows only a few specific street vendors to operate in certain areas. A court would likely review this ordinance under the principles of

equal protection.

Bath & Kitchen Inc. is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, the firm wants a court to review it. First, however, the firm must

exhaust all possible administrative remedies.

Maris files a suit against Ngu in a state court over an employment contract. The case proceeds to trial, after which the court renders a verdict. The case is appealed to the state's highest court. After that court's review of Maris v. Ngu, a party can appeal the decision to the United States Supreme Court if

federal question is involved

State trial courts that are called county, district, superior, or circuit courts are most likely to have

general jurisdiction

Hobbes, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jules, a resident of Kentucky. Jules files a suit against Hobbes in Indiana. Regarding this suit, Indiana has

in rem jurisdiction.

The Environmental Protection Agency (EPA) discovers that Fish Farm Inc. has violated an EPA regulation. If no settlement is reached, the EPA can

issue a formal complaint

State trial courts that are called special inferior trial courts or minor judiciary courts are most likely to have

limited jurisdiction

Jill and Kane, with their attorneys, meet to try to resolve a dispute. A neutral third party works with both sides and proposes a solution, but does not make a decision resolving the matter. This is

mediation

Liz and Moss disagree over the amount due under their contract. To avoid involving a third party in the resolution of their dispute, Liz and Moss could resolve their dispute through

negotiation

During the trial of a suit concerning liability for an accident involving Cartage Ltd. and Docking Inc., the plaintiff's attorney presents evidence from Emma, a commercial accident reconstruction specialist. With respect to the evidence in the case that falls within Emma's field, she can

offer her opinions and conclusions.

Peanut Products Company (PPC) makes goods that can cause severe health problems to those with peanut allergies. PPC analyzes the cost of warning people of the risk (which the company's management sees as obvious) and the harm to people if no warning is provided. This analysis most likely is part of

outcome-based ethics.

Independent regulatory agencies such as the Federal Communications Commission are

outside the federal executive departments

The state of Florida can regulate building contractors and building codes in the state under its

police powers.

Common law rules develop from

principles underlying judges' decisions in actual controversies.

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through social media. The first step is

publish a notice of the proposed rulemaking.

Steel Mill Inc. makes steel forms of substandard quality. Tower Building Company has never bought or used a Steel Mill form, but files a suit against the firm, alleging that its products are defective. The defendant's best ground for dismissal of the suit is that the plaintiff does not have

standing to sue.

Laws enacted by legislative bodies at any level of government make up the body of law generally referred to as

statutory law

Heyli is not a resident of Iowa although her website can be accessed by residents of that state. Jen files a suit against Heyli in an Iowa state court. The court is most likely to have jurisdiction over Heyli if Jen's claim arises from

substantial business between Jen and Heyli through Heyli's website.

Power Company creates a t-shirt design to express support for state tax credits favoring the use of energy-efficient products. The firm distributes the t-shirts to many of its customers. The t-shirts are an example of

symbolic speech

Fidgets-R-Us, Inc., appeals a decision against it, in favor of Widgets 'N More, Inc., from a lower court to a higher court. Widgets 'N More is

the appellee.

Ty, a citizen of Utah, files a suit in a Utah state court against Vancouver Sales Corporation, a Washington state company that does business in Utah. The court has original jurisdiction, which means that

the case is being heard for the first time

Kansas enacts a law requiring all businesses in the state to donate 10 percent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level. Lo-Price Stores files a suit to block the law's enforcement. The court would likely hold that this law violates

the establishment clause.

Believing that a higher, or universal, law exists that applies to all human beings, and that each written law should reflect the principles inherent in this higher law, is

the natural law tradition.

When Lara and Mick cannot resolve their dispute amicably, Lara initiates a lawsuit against Mick. Lara is

the plaintiff

Considering the triple bottom line requires looking at how business decisions impact all of the following except

the platitudes.

The 1803 decision of the United States Supreme Court in the case of Marbury v. Madison established

the power of judicial review.

The executive branch of the government can exercise control over an administrative agency through

the president's veto powers.

The Food and Drug Administration (FDA) is an executive agency. As an executive agency, the FDA is subject to the authority of

the president.

Ray, the manager of Soy Farm Inc., must decide whether to plant genetically modified seed that could spread to the crop of an adjacent farm, whose owner opposes its use. Not using the seed could cut Soy's production and profitability, impacting its owners, employees, creditors, and others. If Ray considers all of these factors in making his decision, he is likely applying

the principle of rights theory.

On a challenge to a provision in a state constitution that conflicts with a provision in the U.S. Constitution

the state provision will not be enforced.

Closed meetings of the U.S. Bureau of Land Management, a federal administrative agency, are permitted when

the subject of the meeting concerns accusing a person of a crime. open meetings would frustrate the implementation of future actions. the subject of the meeting involves matters relating to future rulemaking.

NatGas Corporation obtains a federal license to operate a gas pipeline through a certain area of Oregon. The Oregon state legislature enacts a law that bans gas pipelines in that area. Most likely, the state law violates

the supremacy clause.

Cattle House Steaks, a Colorado company, enters into a contract over the phone with Beef Packing Inc., an out-of-state corporation. If a dispute arises, a Colorado court can exercise jurisdiction over Beef Packing

under the minimum-contacts test.

A cost-benefit analysis is part of

utilitarianism

Ihlan initiates a lawsuit against Juno, alleging that Juno has not paid her rent for six months and Ihlan wants her to vacate her apartment. The sheriff serves a summons. Juno does not respond. Ihlan

will be awarded a default judgment.