Unit 1 LSB Exam Ch1-5

The US Supreme Court cannot hold acts of Congress unconstitutional. A. True B. False

False

To determine whether a law is constitutional, a court will only look at its source. A. True B. False

False

To assist in detecting illegal bribes, Eagles & Buzzards Expediters, Inc., and all U.S. companies, must -- A. Conceal financial records that reveal past bribes B. Keep records that "accurately and fairly" reflect financial activities C. Make bribes through third parties rather than directly to officials D. Permit payments to foreign officials that are unlawful in that country E. Maximize profits however and whenever possible

Keep records that "accurately and fairly" reflect financial activities

The 1st Amendment protects commercial speech as extensively as noncommercial speech. A. True B. False

False

Corporations owe legal duties to their shareholders and their employees. A. True B. False

True

The natural law philosopher believes that the law should reflect universal moral and ethical principles that are part of human nature. A. True B. False

True

A state supreme court decides the case of Standard Co. v. United, Inc. Of nine justices, five believe that the judgment should be in Standard's favor. Justice Terry, one of the five, writes a separate opinion. This is A. A concurring opinion B. A dissenting opinion C. A minority opinion D. A unanimous opinion

A concurring opinion

Acme Possum Soup Company manages its employees' retirement benefit plan. With respect to this plan, Acme has A. A fiduciary duty B. A subsidiary duty C. A proletarian duty D. No duty E. A proletarian duty

A fiduciary duty

To Pete, the written law of a particular society at a particular time is most significant. Pete is A. A legal positivist B. A legal rationalist C. A legal realist D. A person who adheres to the natural law tradition

A legal positivist

Hermione and Marvin have a long standing relationship that they would prefer to maintain, even though they are currently divided over how best to resolve a dispute concerning a delivery of grain. To minimize the possibility that this dispute will undermine their relationship, Hermione and Marvin should probably hire the services of A. A negotiator B. A mediator C. An arbitrator D. An enforcer E. A finagler

A mediator

Carl files a suit against Dina, over a contract between them. Before the trial begins, Carl can obtain from Dina-- A. Access to related documents in Dina's possession B. Accurate information about Dina's privileged material C. An admission of the truth of matters not related to the trial D. All of the above

Access to related documents in Dina's possession

Bohemus is a federal judge. Bohemus' judicial decisions are part of case law. This law includes interpretations of A. Administrative regulations only B. Constitutional provisions only C. Statutes only D. Administrative regulations, constitutional provisions, and statutes

Administrative regulations, constitutional provisions, and statutes

"Law" includes: A. The judicial decisions from the legal system B. The rules of laws themselves C. Statutes enacted by a legislature D. All of the about are elements of law E. None of the above are elements of law

All of the about are elements of law

In Alpha v. Beta, a state supreme court held that a minor could cancel a contract for the sale of a car. Now a trial court in the same state is deciding Delta v. Gamma, a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to A. Allow the minor to cancel the contract. B. Disregard the previous case. C. Order the minor to cancel the contract. D. Require the minor to fulfill the contract.

Allow the minor to cancel the contract.

In the case of ASPCA v Mule Skinner Services Inc., the court awards specific performance enjoining the skinning of mules. This is A. A criminal remedy B. A remedy at law C. An equitable remedy D. Both b and c are correct E. None of the above

An equitable remedy

Livia files a suit against the city of LL to block the enforcement of an ordinance that bans bias-motivated signs or stickers on motor vehicles as disorderly conduct. The court will most likely hold the ordinance to be A. Necessary to avoid instigating incidents of road rage B. Necessary to protect state and local interests and justified by the police power C. An unconstitutional restriction of speech D. A permissible restriction and constitutional under the First Amendment E. Justified by the need to protect individual rights

An unconstitutional restriction of speech

For Antonio, as the manager of a division of Panther Pass Powdered Brew Co., ethics is not concerned with -- A. Acting in Panther's best interest B. Antonio's personal convictions C. Practical concern for public opinion D. Public perception of profit-making activities E. All of the above

Antonio's personal convictions

The US has a common law system. Common law began A. In the Islamic courts of predominantly Muslim countries B. As a component of the Roman civil law C. As a body of general rules applied in the courts throughout England D. As a group of legal principles enacted by continental European nations E. With the compact amongst the Pilgrims upon landing at Plymouth Rock

As a body of general rules applied in the courts throughout England

15. Carol files a suit against Delta Hog Trap Corporation. Delta responds that it appears from the pleadings the parties do not dispute the facts and the only question is how the law applies to those facts. Delta supports this response with witnesses' sworn statements. This is -- A. A counterclaim B. A motion for judgment on the pleadings C. A motion for summary judgment D. A motion to dismiss E. A motion in limine

C. A motion for summary judgment

18. Sam files a suit against Tina. If this suit is like most cases, it will be-- A. Dismissed before the parties enter a courtroom B. Settled before the parties enter a courtroom C. Dismissed or settled before the parties enter a courtroom D. Resolved only after a trial

C. Dismissed or settled before the parties enter a courtroom

78. In a suit against Adam, Beth obtains a remedy, which is the means given to a party A. Only to recover a right. B. Only to redress a wrong. C. To recover a right or to redress a wrong. D. None of the above.

C. To recover a right or to redress a wrong.

Mathias and Dunwitty sign a contract. The contract contains a clause that provides if a dispute arises, they will submit the dispute to arbitration. A dispute arises and Mathias files a suit against Dunwitty. Under normal circumstances, the court would A. Refuse to hear the case on the basis that self-help is the sole remedy in such cases B. Hear the suit and then compel Mathias to arbitrate C. Compel Mathias to arbitrate D. Order relief under summary judgment without hearing the suit or compelling Mathias to arbitrate

Compel Mathias to arbitrate

Under our constitutional system of government: A. Congress can only pass laws permitted by the Constitution B. Only Congress can enforce a federal statute C. Congress alone is give the power to interpret the Constitution D. None of the above E. All of the above

Congress can only pass laws permitted by the Constitution

A Metro City ordinance allows only a few street vendors to operate in certain areas, for the purpose of reducing traffic. A court would likely hold this ordinance to be A. Constitutional under the due process clause B. Constitutional under the equal protection clause C. Unconstitutional under the due process clause D. Unconstitutional under the equal protection clause

Constitutional under the equal protection clause

Doug files a suit in Ohio against Beth over the ownership of a boat docked in Ohio. Doug and Beth are residents of New York. Beth could ask for a change of venue on the ground that New York A. Has a sufficient stake in the matter B. Has jurisdiction C. Has sufficient minimum contacts with the parties D. Is a more convenient location to hold the trial

D. Is a more convenient location to hold the trial

The Constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that A. Congress authorizes expenditures of funds and the president balances the budget B. Each branch of the government has some power to limit the actions of the other branches C. Each branch of the government may exercise the authority of the other branches D. The president "check" with the courts, which "balance" the effect of the laws E. None of the above

Each branch of the government has some power to limit the actions of the other branches

Global Buzzard Bait Corporation, like other businesses, has duties prescribed by A. Ethics only B. The law only C. Ethics and the law D. None of the above

Ethics and the law

Panther Pass Powdered Brew Company distributes its merchandise on an interstate basis to local stores. Under the commerce clause, Congress has the power to regulate A. Only activities that have nothing to do with commerce B. Every commercial enterprise in the US C. Only commercial enterprises that are local D. Only commercial enterprises that are totally interstate E. None of the above

Every commercial enterprise in the US

10. An arbitrator can never render a legally binding decision. A. True B. False

False

38. Corporate decisions affect only those who own, operate, or work for the company. A. True B. False

False

9. For purposes of diversity of citizenship, a corporation is a citizen only of the state in which it is incorporated. T/F

False

A background in business ethics is not as important as knowledge of specific laws. A. True B. False

False

A court's direction to a party to do or to refrain from doing a particular act is a rescission. A. True B. False

False

According to utilitarianism, it does not matter how many people benefit from an act. A. True B. False

False

After a decision has been rendered in a case, neither party may file an appeal. T/F

False

An arbitrator's mistake in a finding of fact or a conclusion of law is the only basis for setting aside an award. T/F

False

Common law is a term for law that is common throughout the world. A. True B. False

False

Cyberspace is its own jurisdiction. T/F

False

Discharging only one employee for ethical reasons has no impact on others' unethical behavior in the workplace. A. True B. False

False

Ignorance of the law will always excuse a business from liability for a violation of that law. A. True B. False

False

State agency regulations take precedence over conflicting federal agency regulations. A. True B. False

False

State police powers relate solely to criminal law enforcement. A. True B. False

False

The US Supreme Court has appellate authority over all cases decided in the state courts. A. True B. False

False

The federal government retains all powers not specifically delegated to the states. A. True B. False

False

The internet has no effect on a court's assertion of personal jurisdiction. A. True B. False

False

Mary Neil, a supervisor for Panther Pass Powdered Brew Co., attempts to apply the "Golden Rule" in her job. This rule A. Encourages people to accumulate as much wealth as they can B. Has been adopted by most religions C. Is the cornerstone of modern ethical study D. Permits one to respond in kind to those who engage in unethical behavior E. Requires a balance of the cost-benefit analysis

Has been adopted by most religions

Generally, the courts accord commercial speech engaged in by Beta Company and other business entities A. Less protection than noncommercial speech B. More protection that noncommercial speech C. No protection D. The same protection as noncommercial speech

Less protection than noncommercial speech

In business negotiations, Beth, the CEO of Design Outhouses, Inc., follows "The Golden Rule," which A. Encourages the accumulation of as much personal wealth as possible B. Mandates compassionate treatment of others in all situations C. Permits taking advantage of others in financial terms D. Requires an increase of business profits over a certain period

Mandates compassionate treatment of others in all situations

Statutory law: A. Is not considered a primary source of law B. May establish rules that govern the use of automobiles on highways C. Is generally most effective at the local level D. Both b and c are correct E. None of the above

May establish rules that govern the use of automobiles on highways

Lulu files a suit against Carl Jr. before going to trial, the parties' meet, with their attorneys present to represent them, to try to resolve their dispute without the involvement of a third party. This is-- A. Arbitration B. Litigation C. Mediation D. Negotiation E. Not possible

Negotiation

The 1st Amendment protects Ira and other individuals who engage in speech that violates state criminal laws A. All of the time B. None of the time C. Only if it is commercial speech D. Only if it is political speech E. Only if it is in a newspaper or other visual medium

None of the time

Jan and Kyle sign a contract that provides if a dispute arises, they will submit to arbitration. A dispute arises, but before it goes to arbitration, Jan files a suit against Kyle. The court will likely -- A. Hear the suit and then order the parties to arbitrate B. Hear the suit without ordering the parties to arbitrate C. Order relief without hearing the suit or compelling the parties to arbitrate D. Order the parties to arbitrate

Order the parties to arbitrate

Mike, an advocate of a certain religion, publishes an article in New Times magazine insisting that Congress base all federal law on his religion's principles. The First Amendment guarantees Mike's freedom of A. Religion only B. Speech only C. The press only D. Religion, speech, and the press

Religion, speech, and the press

Administrative law consists of A. All law that affects a business's operation. B. Rule, orders, and decisions of government agencies. C. Ordinances enacted by local legislative bodies. D. Statutes enacted by state legislatures E. All of the above

Rule, orders, and decisions of government agencies.

To have standing to sue, a party must have been harmed or have been threatened with harm by the action about which he or she complains. T/F

True

Steve, the HR director for Total Zero Corporation, attempts to comply with the law in dealing with applicants and employees. One of the challenges Steve faces is that the legality of an action is A. Always clear B. Never clear C. Sometimes clear D. Usually clear E. Abstractly deductible

Sometimes clear

A law that limits the liberty of all persons to do something may violate A. Equal protection B. Procedural due process C. Substantive due process D. None of the above

Substantive due process

The law is a set of principles, rules, and standards of conduct: A. That are not generally applicable to the society B. That have been developed by an authority for the society C. For the violation of which a new statute is developed D. None of the above E. All of the above

That have been developed by an authority for the society

The federal and state governments comprise the US Legal system. This system is based upon A. The French legal system B. The Spanish legal system C. The English legal system D. The Hindu legal system E. The Roman legal system

The English legal system

The requirement that no person be deprived of "life, liberty, or property without due process of law" is found in A. The First Amendment only B. The Fifth Amendment only C. The Fourteenth Amendment only D. The Fifth Amendment and the Fourteenth Amendment

The Fifth Amendment and the Fourteenth Amendment

Holly, a lawyer on the staff of International Roadkill Group, applies the utilitarian theory of ethics in business contexts. Utilitarianism focuses on A. Moral values B. Religious beliefs C. The consequences of an action D. The nature of an action E. None of the foregoing

The consequences of an action

If there is a direct conflict between federal law and an Alaska state law A. Alaska's law takes precedence B. Both laws are invalid C. Both laws govern concurrently D. The federal law takes precedence

The federal law takes precedence

The Lizard Lick Chamber of Commerce would like to see a law enacted to require cats to be on a leash and not allowed to run loose in the community. Under the Constitution making laws is the function of A. The executive branch of the government B. The judicial branch of the government C. The legislative branch of the government D. None of the above

The legislative branch of the government

11. A long-arm stature is a state law that permits courts to obtain jurisdiction over out-of-state defendants. A. True B. False

True

A law that restricts a fundamental right violates substantive due process unless it promotes a compelling or overriding state interest. A. True B. False

True

A motion for summary judgment may be supported with sworn statements and other materials. T/F

True

An action may be legal but not ethical. A. True B. False

True

Ethical standards based on religious teachings involve an element of compassion. A. True B. False

True

Ethics focuses on the way in which moral principles apply in daily life. A. True B. False

True

Setting realistic workplace goals can reduce the probability that employees will act unethically. A. True B. False

True

State courts are independent of federal courts. A. True B. False

True

The Bill of Rights protects individuals against various types of interference by the states and by the federal government. A. True B. False

True

The First Amendment does not protect obscene speech. A. True B. False

True

The courts act as a check on the other branches of government A. True B. False

True

The minimal acceptable standard for ethical behavior is compliance with the law. A. True B. False

True

There is no specific guarantee of a right to privacy in the Constitution. A. True B. False

True

Jill lies to her family. According to legal and ethical principles, this is -- A. Illegal B. Unethical C. Illegal and unethical D. None of the above

Unethical

Septimus files suit against the federal government to block the enforcement of a new tax law. Septimus claims that Congress attempted to regulate indirectly, by taxation, an area over which it has no authority. If the court agrees, it will A. Invalidate the tax if it bears a reasonable relationship to revenue B. Invalidate the tax if it was found to have been enacted as a surreptitious method to raise taxes C. Invalidate the tax without considering its relationship to revenue D. Validate the tax if it bears a reasonable relationship to revenue production E. Validate the tax without considering its relationship to revenue production

Validate the tax if it bears a reasonable relationship to revenue production