BUL 3310 - UNIT 1

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A system focusing on the outcome of a decision is ____ . Self-interest theory All of the above Utilitarianism Profit maximization theory

All of the above

Components of Codes of Ethics often include ____ . Obey the law Be honest and open Treat people with respect All of the above

All of the above

Consequential systems, focusing on the outcome of a decision are ____. Utilitarianism Self-interest theory Profit maximization theory All of the above

All of the above

Rights/duties ethical systems are may be based on ____. Religious standards Philosophical principles A theory of social contracts Any of the above

All of the above

Fat Frank's Pies falsified federally mandated tests on his "all natural no calorie" "Fat Pies" to introduce a new type of weight-loss pie. Which of the following is true with respect to his actions: Fat Frank can potentially face criminal liability for his actions. A, B, and C A and B Fat Frank can be sued in tort in civil court. Fat Frank behaved unethically.

All of the above (A,B,C)

An important step in the application of the legal reasoning process is ____. Identifying the general area of the law Determining the relevant facts Deciding the specific legal rules applicable to the facts All of the above are important steps in the legal reasoning process

All of the above are important steps in the legal reasoning process

It is a violation of the separation of powers doctrine for State A to adopt a law identical to one adopted by State B.

False

The power of the judicial branch to declare that laws are invalid because they violate the Constitution is known as ______. Stare decisis Res judicata Quasi in rem jurisdiction Judicial review

Judicial review

Angela is a law student writing a law review article on the economic impact of certain white-collar crimes. She follows the ____ school of jurisprudence. Law and Economics Sociological Natural Law Positive Law

Law and economics

Angela is a law student writing a law review article on the economic impact of certain white-collar crimes. She follows the ____ school of jurisprudence. Positive Law Natural Law Law and Economics Sociological

Law and economics

One who is concerned with the impact of economics on the law likely is a follower of the ____ school of jurisprudence. Positive Law Natural Law Law and Economics Sociological

Law and economics

A syllogism is the style of argument used in deductive reasoning.

True

A system of ethics based upon rights and duties seeks to align ethical standards with moral absolutes.

True

According to the self-interest theory, "good" decisions benefit the individual making the decision.

True

An individual's best argument may be fashioned by the application of legal reasoning.

True

Analogical reasoning is different from deductive reasoning.

True

Analogical reasoning relies inferences drawn from previous similar situations.

True

Codes of Ethical Conduct adopted by businesses and professions often provide for sanctions against individuals who violate the code.

True

Criminal and taxing statutes are strictly and narrowly construed

True

Deductive reasoning is but one component of legal reasoning.

True

Deontological ethics refers to ethical systems based on rights and duties.

True

Employees take their ethical cues from the behavior of top management.

True

Ethical behavior often requires a higher standard than merely legal behavior

True

Ethical behavior often requires a higher standard than merely legal behavior.

True

Ethics involves the correctness of one's public behavior, while morality involves one's private beliefs.

True

In deciding a case, a court will not use common law if there is a statute that applies to the dispute.

True

In deciding a case, statutory law always supersedes common law.

True

It is good practice to include in a contract which state's law will govern disputes that arise under the contract.

True

Jurisprudence involves the study of the law as a philosophical system.

True

Legal realism holds the law is what judges rule it to be

True

Legal realism holds the law is what judges rule it to be.

True

Legal reasoning does not limits one`s ability to see more than one side of a question.

True

Malum per se criminal conduct is also repugnant to strongly held moral beliefs.

True

Many areas of law important to businesses are governed by the Uniform Commercial Code.

True

Many economists believe personal interest is a basis for a well-functioning economy.

True

One of the important powers of courts in the United States is to interpret legislation.

True

Principles of legal reasoning may successfully be applied to solving certain problems related to business strategies.

True

Systems of ethics, which focus on outcomes to determine the ethics of an act, are also called consequential systems.

True

The body of law that will be used to determine which state's law will apply in a multi-state transaction is conflict of laws.

True

The conclusion follows from the relationship between the major and minor premises.

True

The law in many European countries is based on codified statutes, not case precedents. Such law is classified as a civil system.

True

The purpose of the doctrine of stare decisis is to give certainty and predictability to the law

True

The town of Somerset passed a law forbidding parking on Main Street between the hours of 9:00 a.m. and 4:00 p.m. This is an example of an ordinance.

True

Tort law is a subset of private law that seeks to compensate the injured party for the loss caused by the actions of another.

True

Use of analogical reasoning involves the comparison of the facts of the current case with the facts in previously decided cases.

True

In common law, deductive reasoning precedes crafting of rules of law.

false

In deductive reasoning on draws a conclusion from a premise

false

Legal reasoning always yields a single, correct answer for any legal problem.

false

Legal reasoning limits one's ability to see more than one side of a question.

false

The laws in the U.S. do not provide a mechanism that would allow the intellectual property of a business to be license

false

The search for the truth is the focal point of all legal reasoning

false

Utilitarianism teaches an action that brings the greatest happiness to the largest number of a select group of people is ethical.

false

ethical conduct is also necessarily legal

false

knowledge of the law allows one to identify legal risks and completely eliminate liability flowing from those risks

false

________________is the theory of jurisprudence that believes that the law is simply the command of a government and that there is no necessary moral component to it.

positive law

A license of intellectual property is a contract which allows one firm to use the intellectual property of another in return for payment.

true

Corporations may consider the legal, ethical and philanthropic effects of corporate decisions

true

the justice theory of ethics seeks a just distribution of societal resources

true

deductive reasoning requires one to

use major and minor premises to draw logical conclusions

Which of the following are legal protections available to a business that allow a business to capitalize on the firms intellectual property

- a patent for an invention - a copyright for written work - protection for a trade secret

Res judicata is best defined as A court enforced promise A controversy that has been litigated and forever settled between the parties The ruling of a court of equity The legal basis for dicta in court opinions.

A controversy that has been litigated and forever settled between the parties

Courts may use which of the following to interpret the meaning and purpose of a piece of federal legislation? Rules of statutory interpretation Minutes of committee hearings The entire legislative history of the act All of the above may be used by the courts.

All of the above may be used by the courts.

Courts may use which of the following to interpret the meaning and purpose of a piece of federal legislation? The entire legislative history of the act Rules of statutory interpretation All of the above may be used by the courts. Minutes of committee hearings

All of the above must be used by the courts

Ethical standards are frequently enacted into laws and cited in court decisions ____. Because of the religious beliefs of attorneys and judges As a reflection of society's views of right and wrong Because of the views of the ruling class As a means of enforcing certain moral principles

As a reflection of society's views of right and wrong

Bob's Beer and Booze Barn classfies a clerk as a "managerial assistant" and assigns menial supervisory duties to this employee, that do not meet the department of labor (DOL) standards, to avoid paying overtime wages. Bob "knows" the clerk will not be aware that these new supervisory duties do not meet the requirements of the DOL and does not expect the department of labor will look into the classification if the clerk does not contest their status with the DOL. This practice is: Unethical and contrary to the spirit of the employment laws Unethical and contrary to the letter of the employment laws C and D A legitimate legal strategy to reduce labor costs and remain competitive Technically allowed since the employee has some managerial duties..

C and D

The theory of constitutional interpretation that is willing to reject precedent in order to address current social forces and needs is called Constitutional relativity Judicial Restraint Limited Judicial Review Pro bono republicae

Constitutional relativity

The trend is for more and more states to adopt uniform laws governing Criminal law Probate Procedures in Small Claims Courts Building codes

Criminal law

Which of the following is not a category of private law? Tort law Property law Contract law Criminal law

Criminal law

The belief that the law reflects the biases of a ruling class is a foundation of the ____ school of legal thought. Law and Economics Sociological Critical Legal Studies Legal Realism

Critical Legal Studies

That the biases of a ruling class are reflected in the laws passed is a belief of ____ adherents. Critical Legal Studies Sociological Law and Economics Legal Realism

Critical legal studies

Comments contained in judicial opinions that are not necessary to the decision of the case are called Procedural law Substantive law Res judicata Dicta

Dicta

Followers of the self-interest theory practice selfless acts because ____ . Doing so will benefit the individual making the decision Doing so will benefit society as a whole Doing a good deed will result in good deeds from others in return

Doing so will benefit the individual making the decision

The common law system in the United States has its roots in Ancient Rome France Ancient Greece England

England

If the laws of several jurisdictions are involved in a case, the doctrine of res judicata will determine which state law will apply.

False

A syllogism offered by Maria at trial has a false minor premise. The conclusion drawn from these premises must be valid.

False

All legal conduct is ethical?

False

Codes of Ethical Conduct adopted by corporations and professional associations have the same legal status as ordinances.

False

Codes of Ethical Conduct adopted by corporations and professional associations have the same legal status as statutes.

False

Contract and tort law are examples of public law

False

Criminal law is a subset of private law.

False

Critical thinking does not require deliberation in analyzing a problem

False

Critical thinking does not require deliberation in analyzing a problem.

False

Deductive and analogical reasoning alone are sufficient to comprise legal reasoning.

False

Dicta is another term for "controlling precedent."

False

Ethical conduct never brings about new laws.

False

Ethics concerns how one should behave based upon one's own concept of right and wrong.

False

Ethics means the same thing as morals.

False

If one obeys the law, one is not necessarily acting ethically because ethical standards of conduct and legal standards of conduct are identical.

False

Legal reasoning has as its goal persuasion without critical analysis of legal questions.

False

Once a dispute has been litigated and decided, stare decisis bars the parties involved from ever litigating the issue again.

False

Only decisions by the United States Supreme Court can have the status of res judicata.

False

Stare decisis, the doctrine giving rise to the importance of precedent, is not an example of analogical reasoning.

False

State X requires that a party who wants to appeal the decision of a trial court file a notice of appeal within 30 days of the verdict. This is an example of a substantive state law.

False

The Uniform Commercial Code is an important federal statute regulating interstate commerce.

False

The separation of powers doctrine applies only to the federal government and not to state governments

False

Tort law is a subset of general criminal law.

False

Courts often use transcripts of the legislative hearings and debates that preceded a law's passage to determine the purpose and reach of a law. This background is called a law's legislative ______ . Legacy History Antecedents Precedents

History

The Executive, Legislative, and Judicial branches of the federal government each have their own unique duties and functions. This arrangement constitutes an ______ separation of powers. Transitional Horizontal Equitable Vertical

Horizontal

The Executive, Legislative, and Judicial branches of the federal government each have their own unique duties and functions. This arrangement constitutes an__________separation of powers. Vertical Horizontal Equitable Transitional

Horizontal

The Executive, Legislative, and Judicial branches of the federal government each have their own unique duties and functions. This arrangement constitutes an__________separation of powers. Vertical Horizontal Transitional Equitable

Horizontal

An important initial step in the legal reasoning process is

Identifying the general area of the law at issue

Common law is also known as ______ law. Statutory Public Codified Judge-made

Judge-made

Anne, a resident of New York, is suing Bill, also a resident of New York, in a contract dispute that is governed by New York state law. This controversy would be classified as an ______ case. Interstate Intrastate Sited Bifurcated

Intrastate

Maya, who lives in Maryland, hired Mark, a contractor who lives and is licensed in Maryland, to renovate her home. The contract is governed by Maryland law. Should a dispute arise over the contract, it would be classified as a(n)---------------case. Bifurcated Uniform Intrastate Interstate

Intrastate

Which of the following statements about res judicata is correct? It establishes a precedent that will be applied to future cases with similar fact patterns. It is another term for dicta. It binds the parties to the decisions in a lawsuit so that neither can re-litigate the case. It is the legal basis of the courts power of judicial review.

It binds the parties to the decisions in a lawsuit so that neither can re-litigate the case.

Which of the following statements about the Uniform Commercial Code is true?

It consists in identical statutes enacted by the states to provide consistent and uniform laws for commercial transactions

A civil law system is based on ______ and a common law system is based on ______. Legislative codes?..judicial decisions Judicial decisions?.legislative codes Precedents?.written constitutions None of the above is a valid distinction between civil law and common law systems

Legislative codes?..judicial decisions

The Supreme Court case that created the doctrine of judicial review is Roe v. Wade Kelo v. City of New London Marbury v. Madison Wickard v. Filburn

Marbury v. Madison

The doctrine of judicial review was first articulated in The Declaration of Independence Article II of the Constitution Marbury v. Madison Roe v Wade

Marbury v. Madison

Prof. Johnson is a law professor who teaches the existence of a higher authority than the state binding human behavior. She is an adherent of the ____ school of jurisprudence. Positive Law Natural Law Law and Economics Legal Realism

Natural Law

Prof. Johnson is a law professor who teaches the existence of a higher authority than the state binding human behavior. She is an adherent of the ____ school of jurisprudence. Positive Law Legal Realism Natural Law Law and Economics

Natural law

____is the theory of jurisprudence which believes there are higher legal and moral authorities than the State and laws should reflect them. sociological positive law natural law legal realism

Natural law

The City of Sunnydale enacted a law limiting to 4 the number of unrelated individuals who can live together in a house or apartment. This city law has the status of an____________. Statute Ordinance Uniform code Executive agency regulation

Ordinance

The triple bottom line model encourages corporations to consider the effect of their decisions on ____ . Planet Profit People All of the above

Planet, profit, people

________________is the theory of jurisprudence that believes that the law is simply the command of a government and that there is no necessary moral component to it. natural law positive law legal realism sociological

Positive law

A state Statute of Limitations which requires that suits for breach of contract be filed within 2 years of the date of breach are examples of ______ laws. Procedural Judge-made Substantive Inculpatory

Procedural

A state statute requiring that medical malpractice suits be initiated within 3 years of the injury is an example of a(n) ______ law. Substantive Inculpatory Exculpatory Procedural

Procedural

Rules of the court room are classified as Dicta Res judicata Substantive law Procedural law

Procedural law

Profit-maximization theory holds ____. Maximizing profits is the only rational imperative Rational self-interest can lead to economic prosperity Laissez-faire capitalism is the highest economic good The invisible hand maximizes profits

Rational self-interest can lead to economic prosperity

Codes of Ethics do not encourage ____ . Fairness Honesty Self-aggrandizement Courtesy

Self-aggrandizement

Codes of Ethics are not based upon ____. Fairness Honesty Self-regard Self-restraint

Self-regard

Timothy believes the law should reflect societal values, which may change over time. He is an adherent of the ____ school. Natural Law Sociological Legal Realism Law and Economics

Sociological

Stare decisis translates as the thing is done that ought to be done stand and be recognized stand by the decision the decision of the sovereign

Stand by the decision

Assume that the Vermont legislature passed a bill prohibiting the sale within the state of detergents containing certain chemicals harmful to the environment. Assume further that the governor signed the bill into law. This law has the status of a(n) ______ . Executive agency regulation Statute Ordinance Uniform code

Statue

Legislation passed by Congress and signed into law by the President is classified as a(n) ______ _ Ordinance Statute Agency regulation Executive order

Statue

The Congress of the United States passed the Soldiers' and Sailors' Relief Act of 1940 and President Franklin Roosevelt signed it into law. This Act has the status of an____________. Uniform code Ordinance Executive agency regulation Statute

Statue

Legislation passed by Congress and signed into law by the President is classified as a(n) ______ _ Statute Ordinance Agency regulation Executive order

Statute

Maximizing utility may involve ____. The impact of a decision on relationships and health One's perception of oneself Philosophical advantages of a decision One's personal benefit

The impact of a decision on relationships and health

Rights/duties ethical systems are not concerned with ____ . Religious standards Philosophical principles A theory of social contracts The result of a decision or course of action

The result of a decision or course of action

Bob's Beer Barn and Booze is in a price war with Lucy Liquor's. Bob has talked to his attorney to find out if he can illegally bring a meritless lawsuit against Lucy that may potentially shut her down. Which of the following best characterizes this scenario. This type of legal action cannot be ethically or legally justified. This action is certainly legal, but not ethical. Everyone knows Lucy sells her liqour cheap, so bob's action is ethical. None of the above This legal course of action is legal and ethical

This type of legal action cannot be ethically or legally justified

The societal belief that "people who injure other persons or their property should compensate them for their loss" is the basis of Tort law Public law Criminal law Administrative law

Tort Law

A basic principle of statutory interpretation is that specific provisions in the statute are of greater weight than general provisions.

True

Gaggle Inc. decides to wrongly infringe on Chirp Chirp's patent and establish a similar "knock-off" product because Chirp Chirp is just a small start-up company and they lack the money to litigate in court with Gaggle, Inc. Gaggle, Inc. is: acting ethically...business is war. None of the above Ethically challenging the role of patent rights in society Unethically exploiting their power and size in the marketplace. Ethically using the civil legal system just like everyone else.

Unethically exploiting their power and size in the marketplace

The federal government and state governments, although they share a similar structure, have their own unique duties and functions. This division of sovereign power between the state and federal level is called a(n)----------separation of powers. Vertical Horizontal Bipartisan Bilateral

Vertical

he Internal Revenue Service IRS wants to fine Mike for violating a section of the Tax Code. Mike believes that the IRS is misinterpreting the Code and that he has violated no laws. The Code section is complex and its application is not clear. Using standard rules of statutory interpretation, the court that hears this case will favor the government IRS because it is the author of the law. look to dicta in previous cases involving the IRS. construe the punishment provision of the statute strictly in favor of Mike. refer the issue to a special master in equity.

construe the punishment provision of the statute strictly in favor of Mike.

A follower of utilitarianism must engage in _________

cost benefit analysis

Deductive reasoning does not allow one to make inferences from facts to make a legal conclusion use major and minor premises to draw logical conclusions derive the correct premises from a logical conclusion draw conclusions from similar cased decided in the past

draw conclusions from similar cased decided in the past

is the theory of jurisprudence which holds the decisions of those charged with administering the law, such as judges and juries, determines what the law is

legal realism

Sen. Harris, addressing Senators on the subject of protests against surveillance laws, insists these laws be obeyed as written. Sen. Harris is a ____ school adherent

positive law

The important common law doctrine that means "to stand by the decision" is

stare decisis

A federal law requires that employers with 15 or more employees take steps to "reasonably accommodate" the religious needs and practices of their employees. A law, such as this one, that gives rights and imposes duties is an example of an ______ law

substantive

crimes such as selling or possessing certain drugs or possessing certain weapons are malum prohibitum crimes because

such crimes are designated as criminal by society

Which of the following statements about the Uniform Commercial Code UCC is correct?

the UCC consists of identical statutes enacted by the states to provide businesses with consistent and predictable laws


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