legal and social exam 1 (2)

Which branch of government creates statutory law?

Legislative

What does the reasonable person standard impose on a person in a negligence lawsuit?

a duty to act as a reasonable person would in the same circumstances

Ethics is the consideration of how one should act, based on which of the following concepts?

morality or pricniples of right and wrong

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

rational basis review

Civil law:

regulates the rights and duties between parties.

Under the principle of rights, the term "rights" refers to:

the fundamental rights of human beings.

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

utilitarianism

The role of a mediator is to:

assist parties in a dispute in resolving their differences out of court.

Which of the following types of law originated from early English history in an effort to provide a body of law that applied to the entire English realm?

common law

Which of the following are the two primary types of damages available for an intentional tort? Choose 2 answers.

compensatory damages punitive damages

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

establishment of a foundation that funds high school educational initiatives

In a negligence action, a plaintiff may seek an award for compensatory damages as a result of which of the following? Choose 3 answers.

medical bills actual missed days at work the loss of a spouse's companionship

What is a document called that is filed with the court to state the position of the plaintiff or the defendant in a lawsuit and ask for relief from the court?

pleading

A company exhibits responsible corporate citizenship when it:

uses its wealth and influence to benefit society as a whole.

A product is unreasonably dangerous to consumers when it meets which of the following conditions? Choose 3 answers.

A less dangerous alternative was available but was not used by the manufacturer. It is inherently dangerous but is even more dangerous than an ordinary consumer would expect A less dangerous alternative was available but was not used by the manufacturer. It is inherently dangerous but is even more dangerous than an ordinary consumer would expec

Which of the following statements are applicable to the doctrine of stare decisis? Choose 2 answers.

A lower court must follow the precedent of a decision made by a higher court in the same jurisdiction. Stare decisis is a principle that arose out of the common law.

A restriction on commercial speech will be valid if it meets three criteria. What are they? Choose 3 answers.

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

What is true of corporate political speech? Choose 2 answers.

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

Which of the following illustrates a financial or non-financial cost of unreported unethical behavior to a company? Choose 2 answers.

Sweet Home Diner lost half of its business when the community became outraged with the owner for failing to stop the racist social media postings of the restaurant manager. Employee morale hit an all-time low when Scott, the line supervisor, ignored repeated instances of harassment by certain employees.

The Administrative Procedure Act (APA) is the federal law that does which of the following?

The APA sets out the rule-making process for administrative agencies.

How might a plaintiff's case be impacted if she can show that a defendant committed a tort in which the defendant exhibited bad faith?

The plaintiff may be entitled to punitive damages or additional damages.

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.

Who is authorized to enter into treaties under the Constitution?

The president

Which of the following describes a product with a defective condition?

The product is not reasonably fit for its ordinary and intended use.

Which of the following is the supreme law of the land?

U.S. Constitution

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

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

broad

Business law is a vast body of state and federal law governing business activities that includes statutes (codes), common law, court cases, and: Choose 2 answers.

consitutions and regulations

Which of the following requires a plaintiff to prove malice?

defamation of a public figure

What is the business tort that happens when a person causes economic losses to a business by intentionally publishing false statements about the products or property of the business?

disparagement

Which of the following are methods of preventing unethical behavior? Choose 2 answers.

establishing a company code of ethics terminating an employee for unethical behavior

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

The U.S. Constitution impacts state sovereignty by requiring states to honor the public acts of another state through:

full faith and credit.

What is the medium level of scrutiny, sometimes called heightened scrutiny, that a court will use when deciding a case that involves a quasi-suspect class?

intermediate scrutiny

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

invalidate the law.

A party may challenge a potential juror for cause if the party believes the potential juror: (Choose 3 answers.)

is biased. has prior knowledge of the facts of the lawsuit. is a friend or relative of one of the parties.

Legal realists would claim:

it doesn't matter what the law says, but who enforces it.

Under which principle of ethics would a person consider whether his or her action is one that every other person should take?

kant's catergorical imperative

Which branch of government has the authority to enact law?

legislative

The argument that a law should not be followed because it violates the inherent rights of human beings follows which theory of jurisprudence?

natural law

When a party wishes to excuse a potential juror without giving a reason, the party may exercise a:

peremptory challenge.

Which theory of jurisprudence holds that the written law of a government is the highest law?

positivism

Court orders may: (Select 2 answers)

prohibit a party from doing something. compel a party to do something.

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

rational basis review strict scrutiny intermediate scrutiny

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

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

What is the term for the defense that a product was manufactured in compliance with all safety and health standards required at that time and used current technical or scientific knowledge?

state-of-the-art defense

After all pleadings are filed and discovery is completed, a party may ask the judge to rule in their favor on the basis that there are no genuinely disputed facts and the judge need only rule on the law. The motion asks the court for a:

summary judgment.

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

the Supremacy Clause

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 companys products over profits, the impact of its decisions on employees over the profitability of the business

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.

Which of the following is a correct statement of federal preemption of state law under the Supremacy Clause? Choose 2 answers.

A state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field. A state law that requires documentation of citizenship is preempted by the National Voter Registration Act because the act only requires a statement under oath.

Which of the following statements correctly reflects the role of a federal administrative law judge (ALJ)?

An ALJ presides over an administrative hearing and issues an order that, when final, may be reviewed by a court.

Which of the following statements explains the formation and purpose of a federal administrative agency? Choose 2 answers.

An administrative agency is formed by enabling legislation that also provides the authority to establish regulations that will implement and enforce the law. Most federal administrative agencies are subject to the authority of the president, but some are independent.

Which of the following are sources of administrative law? Choose 3 answers.

agency opinions executive orders agency regulations

Steps for creating a statutory law include filing a bill in the legislature, debating and voting on the bill in committees and in the legislative assembly, and ultimately:

becoming an act when signed by the president or state governor, or if vetoed, when the veto is overridden.

The APA sets out the rule-making process for administrative agencies.

conduct a hearing to obtain a final order investigate complaints and possible violations of its regulations or the law issue a subpoena

The judicial branch may limit an administrative agency's actions by which of the following? Choose 2 answers.

judicial review of the agency's regulations judicial review of the agency's orders on appeal

What are the three steps of a civil trial? Choose 3 answers.

opening arguments presentation of testimony closing arguments

What is the process of interviewing prospective jurors and either approving of or challenging a person's impartiality toward service on a particular jury?

voir dire

A business landowner has a duty to reasonably maintain his or her property for safety. When the business invites guests or customers onto its premises, it has a duty to:

warn invitees of and reasonably protect them from a foreseeable risk of harm or danger from something on the premises.