Legal Environment

Pataasin ang iyong marka sa homework at exams ngayon gamit ang Quizwiz!

An administrative legislative rule is not legally binding on businesses.

False

Appellate courts must accept all appeals.

False

The UCC is a uniform law that most states have adopted to govern commercial transactions.

False

True or False: An intentional tort does not require intent.

False

True or False: Corporate social responsibility may increase a business's reputation or goodwill.

True

True or False: In the cost-benefit analysis utilitarian model, the focus is to always do the most amount of good for the most amount of people.

True

True or False: Merely advertising a product online is never enough to avail your company to jurisdiction of that state.

True

True and False: A federal statute applies only to those states that agree to apply it within their borders.

False

True or False: An overemphasis on long-run profit maximization is a common reason for ethical problems that may occur in a business.

False

A libelous statement has the quality of permanence, so it can be circulated widely such as through social media.

True

True or False: Outcome-based ethics deals with the consequences of an action, not the nature of the action itself, nor any religious or moral beliefs.

True

The publication of false information about another's product alleging that it is not what its seller claims is

A tort, a slander of quality, a trade libel

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

Police Powers

An accountant's conduct is judged not by the reasonable person standard, but by the

Reasonable accountant standard

The principle that people in society are free to act as they please so long as their actions do not infringe on the interests of others is known as Correct answer.

The duty of care

Compliance with the law is not always sufficient to determine if a decision or behavior is "right" because

being legal does not necessarily mean it is ethical.

True or False: A controlling precedent is any legal authority or source of law that a court may look to for guidance but need not follow when making its decision.

False

True or False: Compartmentalizing the law into discrete topics indicates that each business transaction is subject to only one specific area of the law.

False

True or False: Judging a job applicant based on what an online search reveals about the applicant's activities outside the workplace, or their social media posts is universally viewed as ethical.

False

True or False: The triple bottom line is a measure that includes: a corporation's profit, its impact on people, and how the corporation feels about it.

False

True or False: Under the "stakeholder view," there is no group that ever has a greater stake in company decisions than the shareholders do.

False

True or False: When there is a direct conflict between a federal law and a state law, both laws are rendered invalid.

False

An advertising agency asks a singer with a distinctive voice and stage presence to do a marketing campaign for a new automobile. The singer rejects the offer. If the agency then uses someone who imitates the singer's voice and dance moves in the ad, this would be actionable as

False Light

The ___________________________, for example, is an agency within the U.S. Department of Health and Human Services.

Food and Drug Administration

A person will not be liable for the tort of wrongful interference with a contract or business relationship if it can be shown that the interference was

Justified, Permission, Bona Flide Competitive Behavior

VidGames, Inc., markets a variety of shooting, fighting, and hunting video games. A state statute is enacted to require all game makers to label any games with an option to kill something as "excessively violent." A court would likely hold this regulation to be

An unconstitutional restriction of speech

True and False: An unwelcome kiss can be considered an assault.

False

What activities are apart of discovery

Interrogations, depositions, a witness list

If Ethan carelessly bumps into Susan and she falls and breaks an arm as a result, Ethan's actions will constitute

Negligence

True or False: A federal court will apply federal law when hearing a case involving a federal question.

True

Jason, a citizen of Kansas, wants to file a suit against Lora, a citizen of Michigan. Their diversity of citizenship may be a basis for:

a federal court to exercise jurisdiction.

Power, Inc., is a corporation engaged in the business of producing, refining, and distributing energy resources. With respect to the firm's managers, legal concepts can be useful for Power's

accounting and finance manager.

Fraudulent misrepresentation involves intentional deceit for personal gain and includes

damage suffered as a result of the reliance.

Under corporate social responsibility, which of these is not an activity that would qualify:

paying all employees the same wage. Assessment question

For fraud to occur, _____ must be involved.

puffery

One party wants to file a suit against another. For a court to hear the case

the court must have jurisdiction over the parties, as well as the subject matter at issue.

"Be honest and treat people fairly." With respect to business ethics, implementing this motto is

very important.

Retailers and other firms that explicitly or implicitly invite persons to come onto their premises have a duty to exercise reasonable care to protect these

Business invites, customers, clients

Commercial Supply wants to initiate a suit against Downwind Power Corporation by filing a complaint. The complaint should include a statement of the facts necessary to show that:

Commercial is legally entitled to relief.

A plaintiff may be compensated for the emotional harm resulting from a battery, as well as physical harm.

False

True or False: The common law is a body of law developed from judicial decisions.

True

True or False: The tortfeasor (the one committing the tort) must intend to commit an act, the consequences of which interfere with the personal or business interests of another in a way not permitted by law.

True

True or False: To establish defamation, plaintiffs who are public figures must prove actual malice.

True

True or False: Top management's behavior in a company sets the ethical tone for the workplace.

True

True or False: When concurrent jurisdiction exists, the parties may choose to bring the case in state or federal court.

True

Seafood Café Company makes products that can cause severe health problems to those with shellfish allergies. Seafood analyzes the cost of warning people of the risk (which they believe is obvious), and the risk of harm to people if no warning is included in advertising and on menus. This analysis most likely is part of

an outcome-based ethics.

Pros in Politics, a bookstore in Capitol City, sells publications that criticize government actions and policies. The city enacts an ordinance prohibiting the sale of such materials in the interest of preserving public tranquility. This ordinance is most likely constitutional under the First Amendment.

an unconstitutional restriction of speech.

ChemCo Inc. expends funds and takes steps to ensure that all employees are treated fairly, and that they are acting ethically and are accountable to society. This is the concept of:

corporate social responsibility.

Artificial Intelligence Inc. sells to Beta Bots Corporation a promising idea for a technological innovation that is still being developed and that looks very promising. This is

ethical and legal.

Under the U.S. Constitution, Congress has the power to regulate

every commercial enterprise in the United States.

Bob wants to sue XYZ corporation, his employer, for violating his civil rights. He states their employer procedures do not apply equal rights. What court would Bob bring suit?

federal court

If a company strictly complies with existing laws, the firm will

fulfill some business ethics obligations.

A guest in your home is not a trespasser unless that guest

has been asked to leave but refuses.

Analytica LLC files a suit against the United States, challenging a congressional enactment mandating that employers pay their employees' student loans. The process by which the court decides this issue is

judicial review

A constitution sets forth a government's

limits and powers.

Ethics has to do with how a businessperson applies this(ese) in their business decisions:

moral principles.

A __________________________________ will be granted only if there are no genuine questions of fact, and the sole question is a question of law.

motion for summary judgment

One party wants to file a suit against another. For a court to hear the case,

the court must have jurisdiction over the parties, as well as the subject matter at issue.

Each court has a jurisdiction. Jurisdiction is best defined as

the geographic area in which a court has the power to apply the law

Caryn is faced with making a business decision. As she thinks about the problem, she feels that there is no easy answer. She continues to think about what is making her uncomfortable about the situation before brainstorming possible solutions. If Caryn is using the IDDR approach to decision making, she is engaged in which step?

the inquiry step.

A judicial decision on the constitutionality of an executive order that limits certain state actions is

the power of judicial review.

Flo, the manager of Grounds Maintenance Inc., must decide whether to use an herbicide that could be unhealthy to employees. They want to use it (as well as the public) once it is on the ground. Flo might lose the client if she refuses to use the herbicide. If Flo analyzes the importance of good health and the avoidance of disease as the rights of people in making her decision, she is likely using

the principle of rights theory.

Viaduct Corporation used untested and risky construction techniques to build a bridge under budget. The techniques were legal but the bridge collapsed, killing several people. Viaduct's actions were

unethical, and may result in legislation.

A ___________________ is an order issued by the Supreme Court to a lower court requiring that court to send the record of the case for review.

writ of certiorari

A shopping mall contains two athletic shoe stores: Joe's and Ultimate Sport. Joe's cannot station an employee at the entrance of Ultimate Sport to divert customers by telling them that Joe's will beat Ultimate Sport's prices. This type of activity constitutes the tort of

wrongful interference with a business relationship.

True False: As part of the IDDR approach as described in the text, it is important to list as many possible various alternatives, and identify strengths and weaknesses of any remaining alternatives.

True

True and False:The effectiveness of an industry code of ethics is partly determined by the commitment of the industry, or company leadership to enforce it.

True

True or False: An electronic court filing system allows parties to file litigation-related documents via electronic means in most states.

True

True or False: Brandon has worked at Google for five years and is being considered for a management position. His supervisor, Claire, writes an e-mail about Brandon's performance to those evaluating him for the management position. The message contains certain negative statements, which Claire honestly believes are true. If Claire limits the disclosure of the contents of the message to company representatives, her statements will likely be protected by a qualified privilege.

True

True or False: If someone posts nude pictures or videos taken with digital devices on social media, they have committed the torts of invasion of privacy and appropriation.

True

True or False: The authority of a court to hear and decide a specific case is called jurisdiction.

True


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