busi 2301
business ethics provide a set of standards for ethical behavior, but they can never provide
absolute right answer
the collection of rules and decisions made by administrative agencies
administrative law
in order to ensure that a case or controversy exists, the plaintiff must show
an adverse relationship between the parties, an actual legal dispute, and it is a proper matter for judicial determination
accurate depiction between arbitration and litigation
an arbitrator is not bound by a precedent whereas a judge is
a reply by the plaintiff is similar to an ____ by the defendant
answer
motion for judgment on the pleadings is a request for the court to consider that all the fats in the pleadings _______
are true
the primary method of securing arbitration is through a
binding arbitration clause
which of the step in a civil litigation is considered a part of the discovery process in the case
both parties file interrogatories
______ ethics is the use of ethics and ethical principles to solve business dilemmas
business
application of ethics to the special problems and opportunities businesspeople experience
business ethics
who must be familiar with global trade laws that regulate business practices among nations
business managers
collection of legal interpretation made by the judges
case law
if congress passes a bill, the president signs it, bit then the courts strike the law down as unconstitutional, it is a good example of
checks and balances
what system does the united states constitution establish to keep the legislative branch from dominating the other branches of government
checks and balances
which classification of law involves the rights and responsibilities found in relationship between persons and between persons and their government
civil law
which of the following is a term used to refer to laws that are contained in one convenient location
codes
administrative law
collection of rules and decisions made by administrative agencies
judicial review is established by _____ law
common
another name for case law
common law
what document initiates the lawsuit?
complaint
which of the following schools of legal interpretation suggests choosing legal alternatives that maximize the ratio of benefits to costs?
cost-benefit analysis
assume the securities and exchange commission prosecutes someone for insider trading. that prosecution is an example of ____ law.
criminal law
an ethical ____ is a problem about what a firm should do for which no clear right answer is available
dilemma
the ____ restricts the states' authority to pass laws that substantially affect business between states
dormant commerce clause
which of the following is not a purpose of the law as set forth in the text
encouraging taxation
which of the following is found in the texas constitution, but not in the US constitution
equal rights amendment
what clause does the fifth amendment contain
establishment clause
if a firm faces a problem for which no clear, right decisions is available, it faces a(n) ______ dilemma
ethical
a problem about what a firm should do for which no clear right answer is available
ethical dilemma
the study and practice of decisions about what is good and right
ethics
the study of what is good and right is ___
ethics
business ethics is not adequately pursued just by obeying the law because
ethics asks us not just what the law is but what it should be
business ethics is not adequately pursued just by obeying the law because
ethics asks us not just what the law is, but what it should be
NAFTA
example of global trade law
judicial review allows the courts to review the constitutionality of _____ actions
executive and legislative
sometimes when the state and federal government have concurrent authority, the federal government can decide to regulate that area exclusively. in such a situation, according to the doctrine of ____ the state law is unconstitutional
federal preemption
the US constitution establishes a system of government bases upon the principles of
federalism
if jones is acquitted of robbing a market and a month later a new witness comes forward and states he saw jones rob the market, jones cannot be tried again for the robbery because of what amendment
fifth
political speech is protected under what amendment
first
when a contract contains a(n) ______, the parties specific which court would hear a dispute over an alleged breach of the contract
forum-selection clause
if the police use thermal imaging to detect heat patterns emanating from private homes, they are probably violating which amendment
fourth
in state court systems, most cases begin in a trail court of _______ jurisdiction
general
the ____ urges us to be aware that other people and their rights and needs matter
golden rule
ethics is the study and practice of decisions about what is
good or right
an ethical ____ is a simple tool that helps determine whether an action is moral
guideline
practical steps that serve as a dependable stimulus to ethical reasoning in a business context are known as ethical
guidelines
which of the following is a pertinent question managers must ask in order to comply with the WH framework for business ethics
how can i make ethical decisions
which of the following schools of jurisprudence recognizes that the ill, children, the aged, the disabled, and the poor require assistance to meet their fundamental needs of life, health, and education?
identitfication with the vulnerable
which of the following is not one of the ways the golden rule may be interpreted
if an individual is not successful, it is always because of a personal failing such as a lack of motivation
_____ jurisdiction is a court's power to render a decision affecting the rights of the specific persons before the court
in personam
_____ jurisdiction literally means "jurisdiction over the person"
in personam
which of the following is most likely to create advertising campaigns related to propose constitutional amendments
interest groups either in favor or against the proposed amendments
another term for treaty
international agreement
civil law
involves the rights and responsibilities found in relationship between persons and between persons and their government
establishing a code of ethics can benefit the firm but has the following limitation
it can never provide the firm with a single best answer for what it should do
which of the following is accurate regarding the speed and cost of adr?
it is usually faster and cheaper than litigation
who wrote the opinion for the landmark 1803 united states supreme court case marbury v. madison
john marshall
_____ is a court's power to bind the parties before it
jurisdiction
_____ is a court's power to hear cases and render decisions that bind the parties before them.
jurisdiction
rules of conducts in any organized society enforced by the governing authorizers of the community
law
a majority of citizens in a democracy can agree to establish rules for business behavior. they can permit certain authorities to make and enforce rules describing what behavior is permitted and encouraged in their community. these rules are referred to as
laws
based on the idea when ruling on a case, judges need to consider more than just the law, including other factors such as social and economic conditions
legal realism
which of the following schools of legal interpretation dictates that judges take into consideration factors other than the law, such as social and economic conditions, when deciding a case?
legal realism
a motion for a change of venue can be use to
move the case from the court in one geographic location to another within the same system
which form of adr does NOT use a neutral third party to solve a dispute
negotiation
in hertz corp. v. friend the united states supreme court set forth the "_____" test as the appropriate test for determining a corporation's principle place of business for the purpose of diversity jurisdiction
nerve center
concurrent federal jurisdiction exists when
no plaintiff and defendant are residents of the same state and there is over $75,000 at issue in the case or the case raises a federal question
which of the following is an accurate statement regarding venue
once a case is in the proper court system, venue determines which trail court in the system will hear the case
_____ jurisdiction is the power to hear and decide cases when they first enter the legal system
original
under the doctrine of federal presumption, federal laws _______ state law on the same issue
override
organizational stakeholders include
owners, customers, and management
advantage of arbitration
parties involved can choose the arbitrator
thinking about the constitution of texas and the united states, both are based upon which fundamental idea
politcal pose is derived from the people
the WPH framework would be incomplete without which of the following?
practical guidelines that assists in determining how to respond to an ethical dilemma
what provides greater stability and predictability to the law
precedent
who claims the power to issue executive orders on the basis of their article 2 section 1, constitutional power "to take care that the laws be faithfully executed"
president
what classification of law involves disputes between private individuals or groups
private
which of the following is an adr method in which a referee is selected and paid by the disputing parties to offer a legally binding judgement in dispute
private trail
the _____ clause prohibits states from discriminating against citizens of other states when nonresidents engage in ordinary and essential actives
privileges and immunities
one way to think of the ____ test to view it as a ray of sunlight that makes our actions visible rather than obscure
public disclosure
which classification of law involves disputes disputes between private individuals or groups and their government
public law
what is contained in the complaint
relief the plaintiff is seeking, basis for the courts subject-matter jurisdiction over the case, names of the parties to the case, a request for the jury
appellate courts have the power to
review previous judicial decisions
in article 1 of the texas constitution, which section provides a detailed list of the rights of crime victims
section 30
an unofficial jury sitting in during the actual trial and deliberating at the end of each day to evaluate for the attorneys how each side is doing is referred to as a
shadow jury
how many functional areas of business sit on a foundation of business law
six
which of the following is not another term for trail courts?
small claims courts
the _____ of business consists of the expectations a community imposes on firms doing business within its borders
social responsibility
the expectation that a community places on the actions of firms inside that community's borders is known as the
social responsibility of business
in the ______ case, the united states supreme court upheld a federal statute that grants federal funds for state highways to only those states in which 21 is the legal drinking age
south dakota v. dole
managers should make sure they consider all the relevant ___ when they engage in ethical reasoning
stakeholders
rooted in the perspective of the historical school of legal interpretation
stare decisis
which of the following is part of the court structure of the united states legal system?
state court system
in the context of sources of business law, the assortment of rules and regulations put forth by legislatures
statutory law
all of the following are threshold requirements that a case must meet before it is heard by a court except _____
strict liability
If a law prevents individuals from exercising a fundamental right, the law will be subject to ___.
strict scrutiny
which of the following refers to a court's power to hear certain kinds of cases
subject-matter jurisdiction
according to the ____ the US constitution takes precedent over the texas constitution
supremacy clause
the "public disclosure" test is also known as the
television test
the public disclosure test is sometimes called the
television test
which of the following was part of the annexation between texas and the US
texas would be responsible for paying all foreign debts it incurred while independent
what stalled texas admission to the US
that texas would be proslavery
values are ____
the basis unit of business ethics
the social responsibility of business consists of the expectations ___ imposes on firms
the community
suggests that society examine the costs and benefits associates with legal alternatives
the cost benefit analysis school of legal interpretation
what does it mean when we say that ethics guides the law
the evolution of the law moves in a direction that legislature and courts see as more ethical
if the state proposed a law banning students from wearing cross jewelry to class students could challenge the law as banning which provision from the bill of rights
the free exercise clause of the first amendment
constitutional law
the general limits and powers of the federal and state governments as stated in their written constitutions
one of the most often used guidelines for shaping the law is traditions, or custom, which is always called
the historical school of legal interpretation
what is a similarity between a summary jury trail and a minitrial
the neutral adviser's opinion in a minitrial, like a the jury's verdict in the summary jury trial is not binding
who can issue executive orders requiring officials in the executive branch to perform their functions in a particular manner?
the president and state governors
which of the following is a commonly recognized ethical guideline that helps determine how to make ethical decisions
the public disclosure test
which of the following is not considered in the WH approach to business ethics
the religious implication of the action
which of the following refers to the expectations the community imposes on firms doing business within its borders
the social responsibility of business
for the purpose of determining subject matter, a corporation is a resident of
the state in which it is incorporated and the state which is its primary place of business
crimes are prosecuted by
the state or federal government
if the government wants to build an interstate highway over gretel's farm without paying her compensation for the use of the land, which amendment would the government be violating
the takings clause of the fifth amendment
which amendment to the US constitution provides that all powers that the constitution neither gives exclusively to the federal government nor take from the states are reserved
the tenth amendment
a commonly recognized ethical guidelines that helps one determine how to make ethical decisions is ____
the universalization test
if we consider what he world would be like if a decision is copied by everyone else, we would be using which of the following ethical guidelines
the universalization test
precedent
the use of past decisions to guide future decisions
who made up the grange, and what did they have on the writing of the constitution
they were and agricultural group who wanted a government that would improve the plight of farmers w
which of the following is an alternative meaning of the primary value of freedom
to act without restriction from rules imposed by others
which of the following is an alternative meaning of the primary value of security
to be sage from those wishing to interfere with one's property rights
which of the following is an example of the primary value of freedom
to possess the capacity or resources to act as one wishes
state constitutions are designed to perform which function
to prevent abuse of power by the government by establishing and protecting civil liberties
the following are sources of value priorities
traditions, family, and culture
in the federal court system, the ____ courts are united states district courts
trail
binding agreement between two states and international organizations
treaty
business law consists of the enforceable rules of conduct that govern commercial relationships
true
constitutional law refers to the general limits and powers of the federal and state governments as stated in their written constitutions
true
legislative actions called statues are an important source of law
true
most industrialized countries have a single court system, with courts that have the power to hear both local and national cases
true
the identification with the vulnerable school of jurisprudence is tied closely to the pursuit of fairness in our society
true
the stakeholders of a firm are the many groups of people affected by the firm's decisions
true
applying the ____ test causes one to consider "is what i am about to do the kind of action that, if others followed my example, makes the world a better place for men those i love"
universalization
the ____ test asks us to consider what the world would be like if our decisions were copied by everyone else
universalization
the full faith and credit clause requires that every state court ____ contracts and public acts establish in other states
uphold
______are positive abstractions that capture our sense of what is good or desirable
values
positive abstracts that capture our sense of what is good or desirable are ____
values
which of the following represents our understanding of the purposes we will fulfill by making particular decisions?
values
an incorrect statement regarding values
values come from the interplay of ethics
Billy knows that he can bring his case against Bob in a state court in Tennessee. He is unsure, however, of which county in which to proceed. Which of the following address the proper county?
venue
once a case is in the proper court system, ____ determines which trail court in the system will hear the case
venue
any state or local law that directly conflicts with the US constitution or federal laws or treaties is ______
void
the W in the WH process of ethical decision making stands for
who
which of the following is a pertinent question that managers must ask to comply with the WH framework for business ethics?
whom will my decision affect
legislative acts passed by the united states congress can be found in the
US code
the ________ approach to business ethics is a set of guidelines that urges us to consider whom an action affects, the purpose of the action, and how we view the action's morality
WH
Adult siblings, John, Sam, and Andy, are in disagreement over how to split the proceeds of a piece of land left to them by a rich uncle who recently died. The uncle was a resident of Georgia, and the land is in Georgia; but neither John, Sam, nor Andy live there. Which of the following is true regarding jurisdiction over the dispute?
a court in georgia would have in rem jurisdiction over the dispute
at the same time the parties filed interrogatories, they could have also filed a request for which documents?
a photograph, medical records, contract, report from a mental examination
