BUS LAW - all Flatworld

Ch 4. Q 12 Match each Amendment to the protection it provides. 1. The Fourth Amendment 2. The First Amendment 3. The Fifth Amendment

1. "All persons shall be secure in their persons, houses, papers, and effects from unreasonable searches and seizures, and no warrants shall issue, but upon probable cause, before a magistrate and upon Oath, specifically describing the persons to be searched and places to be seized." 2. "Congress shall make no law...abridging the freedom of speech, or of the press." 3. "No person shall be...deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

Ch 4. Q 13 The Supreme Court has held that the Fourth Amendment does not apply to ___1___. However, in ___2___ , the Court found that use of a thermal imaging device from a public vantage point to monitor the amount of heat radiation was deemed a search that required a prior warrant.

1. "open fields" 2. Kyllo v. United States

Ch 6. Q 14 Match the constitutional protection to the Amendment that contains that right. 1. The right to a speedy trial 2. The right Against self-incrimation 3. The Right to be free from cruel and unusual punishments

1. 6th Amendment 2. 5th Amendment 3. 8th Amendment

Ch 4. Q 7 Match each portion of the Constitution to its principles. 1.Article VII 2. The Fourteenth Amendment 3. Article VI 4. Article V

1. Allowed for ratification by 9 of the 13 states under the Articles of Confederation 2. Requires states to provide "due process" and "equal protection of the laws" to citizens of the United States 3. Declares that the Constitution is "the supreme Law of the Land" 4. Specifies that two-thirds of Congress and three-fourths of the states is required to make a Constitutional amendment

Ch 7. Q 6 Match the intentional tort to its definition. 1. Malicious Prosecution 2. Trespass 3. Abuse of process 4. Nuisance

1. Causing someone to be prosecuted for a criminal act, knowing that there was no probable cause to believe that the plaintiff committed the crime. 2. Intentionally going on land that belongs to someone else, or putting something on someone else's property and refusing to remove it. 3. Bringing a civil suit against someone, knowing that there is no basis for the suit. 4. The right to enjoy your property without interference from others.

Ch 2. Q 12 Our ___1___ can be seen as a fundamental social contract, which can be ___2___ over time as society's needs change.

1. Constitution 2. amended

Ch 1. Q 14 List the following sources of law from those which have the most authority to those with the least authority. 1 - most. 3 - least.

1. Constitutions 2. Statutes 3. Case Law

Ch 2. Q 2 Distinguish the difference between act utilitarianism and rule utilitarianism. 1. Rule Utilitarianism 2. Act Utilitarianism

1. Focuses on what principle, if followed regularly, will create the greatest good. 2. Focuses on which action among various options will deliver the greatest good to society.

Ch 2. Q 8 Match the stakeholders of a corporation to their title. 1. Officer 2. Shareholders 3. Directors

1. Hired by Directors 2. Owners 3. Elected by Owners

Ch 4. Q 10 Match each portion of the Constitution to its principles. 1. Bill of Rights 2. Article II 3. Article I 4. Article III

1. Makes clear that individual rights must be preserved against activities of the federal government 2. Sets forth the powers and responsibilities of the presidency, and makes it clear that the president should be the commander in chief of the armed forces 3. Balances influence in the federal legislature between large states and small states by creating a Senate in which the smaller states (by population) as well as the larger states have two votes 4. Creates the federal judiciary

Ch 1. Q 10 How do substantive and procedural law differ? 1. Procedural Law 2. Substantive Law

1. Tells us how to proceed when we have to navigate through the court process 2. Tells us how to act with one another and how to act with regard to the government.

Ch 7. Q 4 Match each kind of tort to its definition. 1. Intentional torts 2. Negligent torts 3. Strict liability torts

1. The defendant knew what the or she was doing 2. The defendant was careless and had a duty of care 3. There may be no fault, but the law requires the defendant to make up for the victim's losses

Ch 1. Q 8 Match each main source of law in the United States with the appropriate description. 1. Constitutions 2. Judicial decisions 3. Statutes

1. The foundation for a state or nation's other laws, providing the country's legislative, executive, and judicial framework. 2. May consist of common law or legal interpretations. 3. Legislative directives, having the form of general rules that are to be followed in the nation-state or its subdivisions.

Ch 6. Q 6 Match the personal property crimes to their definitions. 1. Larceny 2. False Pretenses 3. Embezzlement 4. Robbery

1. The wrongful taking and carrying away of the personal property of another with intent to steal the same. 2. The wrongful taking and carrying away of the personal property of another where the rightful owner is tricked into giving up title to his/her property. 3. A person entrusted with someone else's property wrongfully takes sole possession or has the intent to take sole possession. 4. The wrongful taking and carrying away of the personal property of another with intent to steal the same by means of violence or intimidation.

Ch 2. Q 11 Which of the following statements are true about ethics? 1. What is legal is not necessarily ethical and what is ethical is not necessarily legal. 2. Ethics is the study of what is right and wrong, but only right and wrong from an individual's subjective moral viewpoint. 3. Whenever we use the word "good," we always mean "morally" or "ethically" good.

1. True 2. False 3. False

Ch 1. Q 11 Identify each statement about common law as true or false. 1. As time went on, US state legislatures either adopted or modified common-law definitions of most crimes by putting them in the form of codes or statutes. 2. Common law originated with decisions by judges in England. 3.One alternative to the common-law legal system is the civil law system based in Roman and Napoleonic law. 4. Common law consists of decisions by courts that involve interpretation of statutes, regulations, and treaties.

1. True 2. True 3. True 4. False

Ch 1. Q 9 Distinguish between contract, tort, and property law. 1. Contract Law 2. Tort Law 3. Property Law

1. Upholds society's sense that promises should be kept 2. Provides for compensation when serious injuries or harms occur 3. Protects private ownership rights

Ch 3. Q 8 The two types of juror challenges are ___1___, which are limited in number, and challenges for ___2___, which are unlimited and used to strike people who are clearly biased.

1. peremptory 2. cause

Ch 3. Q 13 Federal judges are nominated by the ___1___ and confirmed by the ___2___; they are ___3___ for life.

1. president 2. Senate 3. appointed

Ch 5. Q 15 A federal agency is required under the Freedom of Information Act to respond to a document request within __ days.

10

Ch 5. Q 4 Today, more than __ federal agencies have jurisdiction to regulate some form of private activity.

85

Ch 7. Q 2 Which of the following is a proximate cause?

A cause that is foreseeable and "not too remote."

Ch 6. Q 2 Which statement about homicide is true?

A homicide can be murder even if there is no intent to kill.

Ch 3. Q 14 Decide whether the following attributes are most suited to arbitration, mediation, or both. Arbitration (1) Mediation (2) Both Arbitration and Mediation (3 and 4)

ARBITRATION 1. Results in a binding decision MEDIATION 2. The parties may choose to ignore recommendations BOTH ARBITRATION AND MEDIATION 3. typically a faster process than litigation 4. decided by a neutral party

Ch 5. Q 3 Which statement is NOT true about federal rulemaking?

Agencies are legally required to debate over proposed rules, though they often do not do so.

Ch 5. Q 2 Which statement is true with regard to the control of administrative agencies?

Agencies are not permitted to go directly to Congress for increases in budget.

Ch 5. Q 11 In order to appeal an administrative agency's decision, the case must be "ripe for review." What does this mean?

All administrative remedies, such as further appeal within the agency, must have been exhausted.

Ch 3. Q 12 ____________ is a process where a private decision maker uses rules of procedure that are considerably more relaxed than a courtroom to make a final and binding decision.

Arbitration

Ch 2. Q 4 Which statement is true according to Aristotle and Virtue theory?

Aristotle rejected wealth, pleasure, and fame as the distinguishing feature of humans as opposed to other species.

Ch 6. Q 12 _____ is a corrupt payment of something of value (or receipt of such a payment) for official action.

Bribery

Ch 6. Q 10 ______ is defined as "the breaking and entering of the dwelling of another in the nighttime with intent to commit a felony."

Burglary

Ch 5. Q 12 When can an individual or a company (after exhaustion of administrative remedies) challenge agency action? CAN CHALLENGE AGENCY ACTION (1 and 2) CANNOT CHALLENGE AGENCY ACTION (3 and 4)

CAN CHALLENGE AGENCY ACTION 1. if the action is arbitrary, capricious, or an abuse of discretion 2. if the action is not in accordance with the agency's scope of authority CANNOT CHALLENGE AGENCY ACTION 3. if the action was in accordance with the us constitution of the administrative procedure act 4. if the action is warranted by the facts

Ch 1. Q 6 The ___ ______ believe(s) the wealthy have historically oppressed or exploited those with less wealth and have maintained social control through law.

CLS school

Ch 5. Q 8 Every year the annual output of regulations is collected and reprinted in the ______.

Code of Federal Regulations

Ch 2. Q 5 Which statement is true, according to conscious capitalism?

Companies should operate with a holistic or systems view.

Ch 6. Q 1 Which of the following statements is true about crime?

For government punishment to be fair, citizens must have clear notice of what is criminally prohibited

Ch 5. Q 10 In 1966, Congress enacted the ___________________, opening up to the citizenry many of the files of the government.

Freedom of Information Act

Ch 7. Q 9 _____ can create interesting conflicts between tort law and Constitutional law, such as when the Supreme Court ruled that Hustler magazine's parody of the Reverend Jerry Falwell was protected.

Freedom of speech

Ch 1. Q 7 Which statement is true of criminal cases?

Guilty defendants are punished.

Ch 2. Q 10 What is the "agency problem" often discussed in corporate governance?

How to get the managers' interests well aligned with the shareholders' interests.

Ch 5. Q 5 Decide whether the following attributes are most suited for an independent agency or federal executive department. Independent Agency (1 and 2) Federal Executive Department (3 and 4)

INDEPENDENT AGENCY 1. Have a commission or board consisting of five to seven members who share power 2. usually has a statutory requirement of bipartisan membership on the commission FEDERAL EXECUTIVE DEPARTMENT 3. have a single director or administrator 4. serve at the pleasure of the president and are therefore far more amenable to political control

Ch 5. Q 13 Classify the following agencies as independent regulatory agencies or agencies within the Executive Branch. INDEPENDENT REGULATORY AGENCIES (1 and 2) AGENCIES WITHIN THE EXECUTIVE BRANCH (3 and 4)

INDEPENDENT REGULATORY AGENCIES 1. environmental protection agency 2. consumer product safety commission AGENCIES WITHIN THE EXECUTIVE BRANCH 3. federal aviation administration 4. national park service

Ch 6. Q 3 Which statement holds true in the case of assault and/or battery?

If a man throws a rock at his neighbor who dodges it, the man has committed an assault.

Ch 3. Q 4 Which of the following statements about subject matter jurisdiction is true?

In diversity cases, state law will be used as the basis for a determination of legal rights and responsibilities.

Ch 7. Q 3 Which statement best defines "res ipsa loquitur"?

It means that the defendant's negligence is presumed based on the facts of the case.

Ch 2. Q 6 _________ is considered the founder of utilitarianism.

Jeremy Bentham

Ch 2. Q 15 Match each corporate stakeholder to its type of interest. Ownership (1 and 2) Economic Dependence (3 and 4) Social Interests (5 and 6)

OWNERSHIP 1. Manager 2. Shareholders ECONOMIC DEPENDENCE 3. Creditors 4. Employees SOCIAL INTERESTS 5. Government 6. Media

Ch 6. Q 11 _____ is the crime of giving false testimony on oath in a judicial proceeding.

Perjury

Ch 1. Q 15 Which statement is true of civil cases?

Plaintiff brings the case and defendant must answer.

Ch 2. Q 3 _____ describes what rule or principle, if followed regularly, will create the greatest good.

Rule utilitarianism

Ch 3. Q 5 Which of the following is true about alternative methods of resolving disputes?

Saying that arbitration is favored means that if you have agreed to arbitration, you cannot go to court if the other party wants you to arbitrate.

Ch 4. Q 15 As part of the separation of powers doctrine, the _________ was given great responsibility in ratifying treaties and judicial nominations.

Senate

Ch 3. Q 11 Which of the following is true about concurrent jurisdiction?

State courts can have subject matter jurisdiction over certain cases that have only a federal-based cause of action.

Ch 1. Q 3 Which of the following statements is true about statutes?

Statutes generally take precedence over case law.

Ch 3. Q 6 Due to the ______ Clause, state courts must honor federal law in situations where there is a conflict between state and federal law.

Supremacy

Ch 4. Q 1 Which of the following is stated by Article I, Section 8, which sets forth the powers of the federal legislature?

The Congress shall have power to regulate commerce with foreign nations.

Ch 5. Q 1 Which of the following was the first federal agency created?

The Interstate Commerce Commission

Ch 4. Q 5 Which of the following is a part of the Fifth Amendment?

The guarantees of the Amendment are available to property owners where state, county, or municipal government uses the power of eminent domain to take public property for private purposes.

Ch 3. Q 2 Which of the following is true about limited jurisdiction courts?

The procedures for small claims court are informal.

Ch 6. Q 5 Which of the following is the constitutional right of an accused?

The prosecutor may not use evidence willfully taken by the police in violation of constitutional rights.

Ch 6. Q 4 Which of the following is most likely a prosecutable offense of "larceny"?

Tom walks through Meilin's apple orchard and picks up six apples lying on the ground, eats one of them, and puts the rest in his backpack.

Ch 6. Q 15 ____________ crime refers generally to fraud-related acts carried out in a nonviolent way, usually connected with business.

White-collar

Ch 5. Q 9 According to the Freedom of Information Act, _____.

a federal agency is required to respond to a document request within 10 days

Ch 3. Q 9 Federal district courts have original and exclusive jurisdiction over claims in ____.

admiralty

Ch 6. Q 13 Corporate officers may not directly commit criminal acts but nonetheless may be held criminally responsible for acts of their ________ and contractors.

agents

Ch 3. Q 3 Intermediate appellate courts:

are usually composed of panels of three judges and are situated in various locations around the state.

Ch 7. Q 1 There is a well-established defense to a plaintiff's tort action where the plaintiff has knowingly and voluntarily entered into a hazardous activity, which results in injury. This is known as _____.

assumption of risk

Ch 3. Q 15 In the United States, a winning defendant may recover legal fees from the losing party if they prove ____________.

bad faith

Ch 4. Q 2 The power of small states is magnified by the Senate's _____, which traditionally requires 60 out of 100 senators to vote to bring a bill to the floor for an up-or-down vote.

cloture rule

Ch 7. Q 5 Damages that are intended to make the plaintiff whole again and approximate the pain suffered are called ______.

compensatory

Ch 3. Q 7 Unless Congress gives exclusive jurisdiction to the federal courts, state courts may exercise ______ jurisdiction.

concurrent

Ch 1. Q 2 The _____________ would use the law to overturn the hierarchical structures of domination in the modern society.

critical legal studies school of thought

Ch 4. Q 14 In a _______ case, public figures must prove that the defendant not only had his facts wrong, but also lied to the public in a malicious way with reckless disregard of the truth. record_voice_over REPORT AN ERROR chevron_right

defamation

Ch 4. Q 9 Based on the supremacy clause, the _____ holds that state and federal laws that conflict must yield to the superior law, which is federal law.

doctrine of preemption

Ch 4. Q 8 If a state passes a law that is an "undue burden" on interstate commerce or that "discriminates" against interstate commerce, it will be struck down as a violation of the __________.

dormant commerce clause

Ch 1. Q 13 All state procedural laws must comply with _____________________.

due process

Ch 5. Q 6 When Congress gives powers to an agency, the legislation is known as a/an _____ act.

enabling

Ch 4. Q 3 When Congress uses its power under the commerce clause, it can expressly state that it wishes to have _____.

exclusive regulatory authority

Ch 4. Q 6 The U.S. Supreme Court can void the president's _____ if they are contrary to the Constitution's language and its prior interpretation. record_voice_over REPORT AN ERROR chevron_right

executive orders

Ch 2. Q 13 The _____ of an organization is to a great extent based on the actions it takes and on whether the actions are favorably viewed.

goodwill

Ch 7. Q 10 Property can be personal or ____, such as with copyrights or patents.

intellectual

Ch 7. Q 7 If a legislative body sets a minimum standard of care for particular kinds of acts to protect a certain set of people from harm and a violation of that standard causes harm to someone in that set, the defendant is _____.

negligent per se

Ch 2. Q 14 When you manage a business by the ________________, there is a greater chance that ethics will become compromised.

numbers

Ch 3. Q 10 If you agree to arbitration, and the arbitrator rules against you, bringing a challenge to the arbitral award in court will usually be ____.

pointless

Ch 1. Q 4 In most nation-states, knowing who has power to make and enforce the laws is a matter of knowing who has _____.

political power

Ch 2. Q 9 Some people do not see the need for _________ and therefore feel that there doesn't need to be a government at all.

public goods

Ch 5. Q 7 Administrative regulations are not legally binding unless they are _____.

published

Ch 6. Q 8 The seriousness of a crime can be seen by the nature or duration of the _____ set out in the statute.

punishment

Ch 3. Q 1 If a defense lawyer believes that there is a "home-court advantage" for an in-state plaintiff who brings a lawsuit against a nonresident in his local state court, the defense attorney may ask for ____________ to a federal court.

removal

Ch 1. Q 5 Positivism is a philosophical movement that claims that _______ provides the only knowledge precise enough to be worthwhile.

science

Ch 4. Q 11 Over the years, most of the important guarantees in the Bill of Rights came to apply to state as well as federal action. The court refers to this process as _____________________.

selective incorporation

Ch 7. Q 8 An increasing number of courts have ruled that the ______ does not begin to run until the victim discovers that she has been injured or contracted a disease.​

statute of limitations

Ch 1. Q 12 Codified legislative acts are also known as ____________________.

statutes

Ch 4. Q 4 The _____ clause of the Fifth Amendment ensures that the government does not take private property without just compensation.

takings

Ch 1. Q 1 According to the legal realist school of thought,

the social context of law is critically important.

Ch 5. Q 14 The appellant might assert that the agency's action was ______ —beyond the scope of its authority as set down in the statute.

ultra vires

Ch 2. Q 7 In management, people will often employ a form of ______ reasoning by projecting costs and benefits for plan X versus plan Y.

utility

Ch 6. Q 9 The presentation of a forged instrument, whether or not the defendant forged it, is the crime known as _____.

uttering

Ch 2. Q 1 Quite a few books have been written in the past 20 years that emphasize the need for businesses to define their ____ in order to be competitive in today's global economy.

values

Ch 6. Q 7 The constitutional ______ doctrine has led the courts to overturn statutes that are not clear.

void-for-vagueness