Are18 1st midterm

Due process clause

14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law

Congress enacts the Ad Restriction Act (ARA) to limit advertising in certain circumstances. The ARA will be considered valid if it directly advances a substantial government interest . and goes no further than necessary to achieve its objective. b. without regard to how "far" it goes. c. and goes further than necessary to ensure full coverage. d. and the parties affected by it can elect how "far" to go in applying it.

A. And goes no further than necessary to achieve its objective

Cynthia is the chief financial officer of Digital Corporation. In that capacity, when she is unsure whether a certain business action is legal, she should act a. honestly and responsibly. b. in the short-run interest of Digital. c. in her own best interest. d. to maximize profit.

A. Honestly and responsibly

The triple bottom line looks at all of the following except: A. how decisions impact relations with foreign nations B. How decisions impact profits and revenue C. How decisions impact sustainability and the planet D. How decisions impact employees and consumers

A. How decisions impact relations with foreign nations (The TPL is an accounting framework that incorporates three dimensions of performance: social, environmental and financial)

When deciding to engage in corporate social responsibility, a key factor when selecting activities is a. how the social activity relates to the business activities of the corporation. b. whether the corporation is required to do the social activity by law. c. whether the activity will result in short-term profit increases. d. how much free publicity the corporation will get from the social activity.

A. How the social activity relates to the business activities of the corporation

An internal business code of conduct is not a. legally binding law. b. an outline of the company's policies. c. a set of rules the company can enforce. d. a guide for decision makers with ethical questions.

A. Legally binding law

The basis of all law in the United States is: A. The US constitution B. Laws passed by the Congress C. Case law D. Regulations created by administrative agencies

A. The US constitution (Case law: laws based on past circumstances and decisions rather than on the constitution)

Georgia 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. Price-Lo Stores files a suit to block the law's enforcement. The court would likely hold that this law violates a. the establishment clause. b. the free exercise clause. c. the supremacy clause. d. no clause in the U.S. Constitution.

A. The establishment clause

27. The 1803 decision of the United States Supreme Court in the case of Marbury v. Madison established a. the power of judicial review. b. the concept of voir dire. c. the jurisdiction of the courts. d. the concept of venue.

A. 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 a. the principle of rights theory. b. the categorical imperative. c. utilitarianism. d. religious principles.

A. The principle of rights theory

Constitution: acts as what? Used to create what? And it is to challenge what?

Acts as the backbone, used to create amendments, to challenge a statute

The Uniform Commercial Code facilitates commerce a. in international markets. b. among the states. c. between the states and the federal government. d. in countries that were once colonies of Great Britain.

B. Among the states

The utilitarian theory of ethics does not require a. a choice among alternatives to produce the maximum societal utility. b. an assessment of the effects of alternatives on those affected. c. an assessment of the effects of alternatives on those affected. d. a determination of whom an action will affect.

B. An assessment of the effects of alternatives on those affected

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? a. state court b. federal court c. probate court d. any court he wishes

B. Federal court

This law was designed to help reduce corporate fraud and unethical management decisions, by requiring accountability measures for publicly traded companies: a. the federal code of ethics. b. Sarbanes-Oxley Act. c. Fraud Reductions Data Analytics Act. d. the American Bar Association code of ethics.

B. Sarbanes-oxley act

With respect to what society will tolerate, a company's compliance with the law, and no more, is a. the highest ethical level. b. the moral minimum. c. irrelevant. d. the only ethical level.

B. The moral minimum

The state of ohio can regulate building contractors, and building codes in the state under its: A. Commerce power B. Police powers C. Entitlement to full faith and credit D. System of checks and balances

B. police powers (fundamental ability of a government to enact laws to coerce its citizenry for the public good) (Commerce power - regulate Commerce with foreign Nations, & among the several States, & with the Indian Tribes) (Full faith & credit is the requirement, derived from Article IV, Section I of the Constitution, that state courts respect the laws and judgments of courts from other states. This clause attempts to prevent conflict among states and ensure the dependability of judgments across the country)

The Bill of Rights embodies 12. d a. the privileges and immunities of the citizens in the several states. 13. c b. payment in the form of taxes by business entities to obtain certain rights. c. a series of protections for the individual against government action. d. rights established under deeds, wills, contracts, and similar instruments.

C. A series of protections for the individual against government action.

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 a. a violation of corporations' rights to certain privileges. b. constitutional under the First Amendment. c. an unconstitutional restriction of speech. d. an invalid invasion of individuals' privacy.

C. An unconstitutional restriction of speech

Compliance with the law is not always sufficient to determine if a decision or behavior is "right" because: A. Company codes are also sources of law B. Ethical problems do not occur in business C. Being legal does not necessarily mean it is ethical D. Business decisions can have negative impacts

C. Being legal does not necessarily mean it is ethical

Nick, the chief executive officer of On/Off, Inc., a website for short rants, claims that certain government actions infringe on rights guaranteed by the Bill of Rights. Most of these guarantees have been held to limit a. only federal power. b. only individual liberty. c. federal and state actions. d. only state conduct.

C. Federal and state actions

If a company strictly complies with existing laws, the firm will a. fulfill all business ethics obligations. b. fulfill no business ethics obligations. c. fulfill some business ethics obligations. d. not need to fulfill any business ethics obligations.

C. Fulfill some business ethics obligations

Liz and Moss disagree over the amount due under their contract. To avoid involving any third party in the resolution of their dispute, Liz and Moss could attempt to resolve their dispute through: a. arbitration. b. litigation. c. negotiation. d. mediation.

C. Negotiation

Quarry Mining Inc. and Riverside Vineyards agree to resolve a dispute in arbitration. The arbitrator meets with Quarry's representative to discuss the matter without Riverside's representative being present. Is this normally allowed during arbitration? a. Only if there is a restraining order. b. If the matter is serious enough in nature. c. No. d. Yes.

C. No

A - is a legal authority that a court may consult for guidance, but that is not binding on the court: A. Applicable status B. Legal authority C. Persuasive authority D. Reference authority au

C. Persuasive authority (A.

Cody makes a business decision based on financial outcomes alone, and then attempts to argue that it is ethical as well. Cody is a. using the stakeholder approach. b. questioning his decision. c. rationalizing his decision. d. using the utilitarian approach.

C. Rationalizing his decision

Each court has a jurisdiction. Jurisdiction is best defined as a. a judicial proceeding to redress a wrong. b. a situation giving a person a right to initiate a judicial proceeding. c. the geographic area in which a court has the power to apply the law. d. a doctrine that follows established precedents.

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

A judicial decision on the constitutionality of an executive order that limits certain state actions is: A. A question of fact B. Beyond the jurisdiction of the courts C. The power of judicial review D. A summary judgement

C. The power of judicial review (the ability of the court to declare a legislative or executive act in violation of the constitution...Marbury v. Madison) (A summary judgement - judgement entered by one court for one party and against another party summarily without a full trial)

Managers who set unrealistic production or sales goals increase the probability that employees will act: a. not act at all b. ethically c. unethically d. illegally

C. Unethically

Criminal vs civil law (OJ Simpson)

Criminal laws regulate crimes, or wrongs committed against the government. Civil laws regulate disputes between private parties.

In a suit against Karen, Luke obtains an injunction. This is a. the cancellation of a contract. b. a departure from precedent. c. a payment of money. d. an order to do or to refrain from doing a certain act.

D. An order to do or to refrain from doing a certain act

Mandatory - in employee contracts have been found to be generally acceptable and legal a. reprimand procedures b. negotiation clauses c. mediation clauses d. arbitration clauses

D. Arbitration clauses

— refers to the number of procedural devices to obtain information and gather evidence about the case from the other party or from third parties before the trial begins. a. Venue b. Motion for submission c. Motion to dismiss d. Discovery

D. Discovery

Mary creates a t-shirt design that expresses support for Nash, a presidential candidate, and distributes t-shirts to all of her friends. The t-shirts are an example of a. illegal speech. b. unprotected speech c. commercial speech d. symbolic speech.

D. Symbolic speech

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: A. A rule of four B. Motion for dismissal C. Motion for summary judgement D. Writ of certiorari

D. Writ of certiorari (This is a request that the Supreme Court order a lower court to send up the record of the case for review.) (The "rule of four" is the Supreme Court's practice of granting a petition for review only if there are at least four votes to do so) (Motion for dismissal ground rules include lack of subject matter jurisdiction, lack of personal jurisdiction, improper venue) (Motion for summary judgement asks the court for a judgement on the merits of the case before the trial)

Statutory law is passed by, is what part of the law, and what is its process?

Passed by congress at congress level or state legislature at state level, (each state has its own and the law only applies to that state), largest part of the law - administrative law which is a section of the statutory law, process involves rulemaking, enforcement, and adjunction

What are 4 primary sources of law in the US?

The US constitution, statutory law, regulations created by administrative agencies (FDA), case law (court decisions)

Commerce law

The clause in the Constitution that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.

Subsenative due process (SF nude beach)

We all have the right to do whatever

Equal protection clause

We are all treated equally unless there is a difference

— may be best suited for resolving small- to medium-sized business liability claims, which may not be worth the expense of litigation or traditional ADR. a. Mediation b. Arbitration c. Online dispute resolution d. Closed negotiation

b. Arbitration

Case/common law

collection of legal interpretations made by judges

Dormant commerce law

congress can intervene if a state is stopping inner state commerce