chapter 2 homework, Business FAll 2017 Chapter 3, Business Law Chapter 4, BLAW CH 5, Business 241 Chap 6, Business Law 1 - MindTap Chapter 4-3 Worksheet: Unintentional Torts (Negligence) & Strict Liability, fin 240 kaplowitz worksheet 7.3: defenses t...

________ jurisdiction limits the court's jurisdictional authority to particular types of cases and can be either limited or general jurisdiction.

Subject Matter

During the process of ________, prospective jurors can be challenged and a party can make a __________ number of peremptory challenges of prospective jurors.

Voir Dire; Limited

Which of the following questions does a court NOT ask to determine whether the requirement of causation is met?

Was there intent?

Fifth Amendment

no person can be forced to be a witness against himself or herself

A breach of the duty of care can be _______ or _____________.

An act; an omission

Most companies attempt to link law and ethics by

creating company codes of ethics

In Latin, a wrongful mental state is known as:

mens rea

Contributory negligence

A theory in tort law under which a complaining party's own negligence contributed to or caused his or her injuries. No matter how insignificant the plaintiff's negligence was relative to the defendant's negligence, the plaintiff is precluded from recovering any damages.

Comparative negligence

A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party), on the basis of each person's proportionate negligence.

Which of the following is NOT an element of the tort of wrongful interference with a contractual relationship?

A third party must unintentionally cause one of the parties to break the contract

Why is it important to monitor the employment practices of foreign suppliers?

Because corporate watch groups will discover and publicize unethical behavior by suppliers, link it to the American company, and harm its reputation.

The Johnsons are in an auto accident with a driver who lives near them in the same town. No one is injured and the Johnsons' car suffered only $5,000 in damages. Why can't the Johnsons sue the other driver in federal court?

Because the johnsons live in the same state and the damages are too small

Bernard is the owner and manager of a small auto-parts store. He thinks that talking about business ethics with employees takes time that would be better spent paying attention to customers. He also does not believe that he has a right to tell other people how they should behave. Is Bernard likely to create an ethical workplace with this way of thinking? Why or why not?

Bernard is unlikely to create an ethical workplace, because the attitude of top management influences employee ethics.

T/F If a person in custody on suspicion of criminal activity says out loud, "Maybe I should talk to my lawyer," the police will stop questioning or violate the Sixth Amendment right to counsel.

False

T/F Tracking vehicle movements with a GPS does not require public authorities to obtain a search warrant.

False

The Supreme Court hears all cases sent to it for review.

False

The U.S. Constitution specifically mentions privacy as one of the protected rights U.S. citizens have.

False

The basic purpose of tort law is to punish criminal wrongdoers.

False

The government may not restrict a person's exercise of religion if the restriction will place a moderate burden on their ability to practice their religion.

False

The justification stage is used to explain the decision and rationalize why a bad decision may actually be good.

False

Trespass to land has nothing to do with obtaining permission for use of that land.

False

When a state exercises jurisdiction over property within that state, this type of jurisdiction is called in personam.

False

When you borrow a friend's tablet device and refuse to give it back, you have committed trespass to land.

False

You accidentally bump into someone on the sidewalk and that person falls but is unharmed. Nonetheless, that person usually can successfully sue you for damages.

False

Those who enter retail premises are called business _________. Storeowners must warn business invitees of ________ risks. A landowner has a duty to discover and remove any ________ dangers to customers or other invitees. When risks are _________, owners need not warn of them.

invitees; foreseeable; hidden; obvious

A homicide is classified as _____ when it results from an act of criminal negligence and there is no intent to kill.

involuntary manslaughter

Those who enter retail premises are called business __________. Storeowners must warn business invitees of __________ risks. A landowner has a duty to discover and remove any __________ dangers to customers or other invitees. When risks are __________, owners need not warn of them.

invtiees foreseeable hidden obvious

An in-depth understanding of ethics is important to the long-term viability of a business because unethical decisions will negatively and directly impact all of the following except which one?

The business's number of products

In general, appellate courts do not reverse findings of fact unless the findings are unsupported or contradicted by the evidence.

True

Management's behavior sets the ethical tone of a firm.​

True

T/F A physical attack can be a tort or a crime or both.

True

T/F Circumstantial evidence can be enough to convict someone of capital murder.

True

T/F Corporations are normally liable for the crimes committed by their agents and employees within the course and scope of their employment.

True

T/F Determining who commits cyber crimes is a major challenge to legal authorities worldwide.

True

T/F Generally, for a criminal act to have occurred, a person must have committed the guilty act and had a wrongful mental state.

True

T/F If an individual is a victim of computer theft under the Computer Fraud and Abuse Act, the individual may be able to bring a civil suit against the violator to obtain damages, an injunction, and other relief.

True

T/F Many of the more than 4,000 federal criminal offenses do not require a specifically wrongful mental state.

True

T/F Many states have enacted laws that punish behavior as criminal without the need to show criminal intent.

True

T/F One can be taken to trial twice on the same crime.

True

The FCPA does not prohibit payments to low-level employees of foreign nations who exercise little (or no) discretion in their jobs, but merely process paperwork.

True

The Fourth Amendment prohibits unreasonable searches and seizures of persons or property. T/F

True

The application of the principle of rights, or rights theory, often involves conflicting rights.

True

The compelling government interest test is used by the courts to determine whether a law regulating the content of speech will be permissible.

True

The difference between intentional torts and torts involving negligence is that, in torts involving negligence, the tortfeasor does NOT wish to bring about the consequence of the act, nor does she or he believe it will occur.

True

The reasonable person standard concerns itself with how a particular person would act and not with how an ordinarily prudent person should act.

True

The study of ethics goes beyond legal requirements to evaluate what is right for society.​

True

The utilitarian approach to decision making has been seen as problematic by some because even the greatest good to the greatest number may create unacceptable harm to the few.

True

When a jury reaches its decision, it typically issues a verdict in favor of one party.

True

When an attorney asks questions of a witness supporting his client during a trial, she is engaging in direct examination.

True

All of the following are examples of a manufacturing defect except:

a poorly designed product

A federal court can exercise jurisdiction if a case involves ________

a treaty, the U.S. Constitution, or a federal law

Which of the following is not part of the discovery process?

a. Questioning witnesses b. Examining documents. c. Requesting another trial. d. Examining records. e. Examining electronic evidence. Answer: C

An intervening event that acts as a superseding (overriding) cause may relieve the defendant of liability for injuries caused by the intervening event. a. True b. False

a. True

The difference between intentional torts and torts involving negligence is that, in torts involving negligence, the tortfeasor does NOT wish to bring about the consequence of the act, nor does she or he believe it they will occur. a. True b. False

a. True

Under the doctrine of res ipsa loquitur, the defendant has the burden to prove that she or he was not negligent. a. True b. False

a. True

Under the doctrine of strict liability, liability for injuries is imposed for reasons other than fault: a. True b. False

a. True

Which of the following is NOT an element of negligence? a. intent b. duty c. breach d. causation e. damages

a. intent

Assumption of risk does NOT require: a. seeking out the riskiest activities b. knowledge of the risk c. voluntary assumption of the risk

a. seeking out the riskiest activities

Companies must keep detailed records that _____ and fairly reflect _____ payments.

accurately foreign

The doctrine of strict product liability does NOT apply to which of the following?

advertising agencies

The idea that individuals should evaluate their actions in light of the consequences that would follow if everyone in society acted in the same way is known as the:

categorical imperative.

Our government has a system of _____ and _____ that allow each branch to limit the actions of the other two branches. For example, the _____ branch can enact a law, but the ___ branch can veto that law.

checks, balances, legislative, executive

What is the difference in verdict in civil and criminal law?

civil: liable/not liable criminal: guilty/not guilty

What is the difference between the party who brings a suit in civil and criminal law?

civil: person who suffered harm criminal: state (district attorney/U.S. attorney)

What is the difference between the burden of proof in civil and criminal law?

civil: preponderance of evidence criminal: beyond a reasonable doubt

What is mens rea?

the guilty mind or mental state

Under the theory of corporate social responsibility, many corporations publish reports outlining how they are good corporate citizens. These are often called:

corporate sustainability reports.

Anderson loses the trial. Anderson's attorney can make a motion for

A judgement notwithstanding the verdict

Juan files a lawsuit against Liliana. Liliana responds to the complaint by filing an answer. After the pleadings are closed, Juan can file:

A motion for judgment on the pleadings

Chie runs a business and is committed to the triple bottom line. This means that she is concerned with:

the impact of the company's decisions on its profits, its people, and the planet.

The doctrine of judicial review allows

the judicial branch to decide whether laws or actions of the other two branches are constitutional

Lucas is a business manager for Micro Manufacturing Company. Ethical dilemmas that Lucas is not likely to encounter include deciding​

the kind of pizza to order for a company meeting.

Criminal negligence can occur when a defendant is not aware of the risk, but:

should have been aware of it

Defamation (libel or ________) consists of a false statement of fact, not made under __________, that is communicated to a third person and that causes damage to a person's reputation. For public figures, the plaintiff must also prove that the statement was made with actual _______ Invasion of privacy is publishing or otherwise making known or using information relating to a person's ________ life and affairs, with which the public has no legitimate concern, without that person's ___________ or approval.

slander; privilege; malice; private; permission

John and Stacy have a disagreement that involves an item worth less than $5,000. Their dispute may be a candidate for:

small claims court.

Where civil law is concerned about private injuries to a person, criminal law is concerned with a wrong against _____. When a crime occurs, the _____ brings a suit against the actor. Because crimes may result in fines and/or _____ or even death, the burden of proof to show guilt is known as _____.

society; government; imprisonment; beyond a reasonable doubt

In addition to the right to assemble peaceably and to petition the government, the First Amendment guarantees which of the three following freedoms?

speech, religion, and press

Customers, creditors, suppliers, employees and the community in which a business operates are all:

stakeholders

Toybox, Inc., manufactures the Spintop, a toy that the company has discovered can cause harm. Before anyone is injured, Anne, a pediatric nurse who has not purchased a Spintop, files a suit against Toybox. In seeking to have the suit dismissed, Toybox's best argument is that Anne does not have:

standing to sue.

In product liability suits, statutes of limitations normally are set by _____ and typically limit the time in which a case can be brought after _____.

state law, the injury occurred

To determine whether a law violates the equal protection clause, courts use one of three different standards. These three standards are:

strict scrutiny, intermediate scrutiny, and rational basis scrutiny.

Congress passes a law prohibiting cigars made in Cuba from being sold in the United States. The Florida state legislature then passes a law allowing the sale of Cuban cigars in Florida. If the constitutionality of the Florida law is challenged in court, it will most likely be:

struck down on the basis of the supremacy clause.

Ocean City passes an ordinance that prohibits all churches from meeting within its city limits. This rule affects the residents' constitutional right to:

substantive due process

What happens when evidence obtained in violation of the rights spelled out in the Fourth, Fifth, and Sixth Amendments is presented at trial?

such evidence must be excluded from the trial proceedings

A company may not have a social media policy that prohibits making negative statements about the company or any of its employees because:

the government protects employees' rights to engage in "concerted activities.

Freedom of Information Act

Gives individuals a right to access information about them in government files

______________ statutes exist to protect, as an example, medical personnel who volunteer their services in emergency situations. ________-shop acts impose liability on bartenders who have served too much alcohol to those who are involved in accidents after leaving the bar.

Good Samaritan; Dram

_____ identified several general guiding principles for moral behavior.

Immanuel Kant

Which of the following does the Supreme Court have to issue before it hears a case?

A writ of certiorari.

Judicial Branch

Enforces the law

A person who commits a tort is known as a

tortfeasor

Which of the following would NOT be regulated at the state level?

Interstate commerce laws

GetTogether, A Social Media Company encourages its managers to behave ethically, reasoning that lower-level employees will take their cues from management. One of the most important ways to create and maintain an ethical workplace is for GetTogether's management to​

​demonstrate a commitment to ethical decision making.

In studying the business law, students also review ethics in a business context. Ethics includes the study of what constitutes​

​right or wrong behavior.

In preparation for a trial between George and the ABC Corporation, ABC's attorney places George under oath and asks George questions that are recorded by a court reporter. This is known as:

A deposition

An attorney making an opening statement might typically include

A brief version of the facts and the supporting evidence.

Which one of the following is not involved in the two basic pleadings of a lawsuit?

A default judgement

Vinny decides to sue Allison. To begin the suit, Vinny must file a complaint. Vinny's attorney argues in the complaint that the Connecticut Superior Court is the most appropriate court in which the case should be heard. Vinny's attorney is asserting

A statement of the basis for the court's jurisdiction.

Which of the following is NOT slander per se?

A statement that another has engaged in unwelcome construction of a residence or commercial property

Patrick, the human resources manager at Acme Company, must decide how to cut personnel costs. This decision will harm employees who are laid off or fired. Patrick must balance the interests of employees who have been loyal to the firm for a long time against the interests of:

Acme's shareholders.

The American and English courts follow the ________ system of justice.

Adversarial

A judgment is entered against Michael in Anderson's case against him. Michael appeals to an intermediate appellate court, which agrees to review the case. On appeal, most appellate courts

Affirm trial court findings of fact.

Which of the following is not required to establish standing in order to bring a lawsuit to court?

All individuals involved in the lawsuit must have retained suitable legal counsel.

Resolving the issue of ________ involves a court deciding whether a matter is one that must be resolved through arbitration.

Arbitrability

Name the correct ordering of the typical major procedural steps in a criminal case.

Arrest, Booking, Initial appearance, Preliminary hearing (or Grand Jury), Indictment or Information, Arraignment, Trial

Your attorney prepares a __________ to present to the appellate court when you decide to appeal the trial court's decision.

Brief

Exclusive Federal Jurisdiction

Cases involving Federal Crimes; bankruptcy; most patents, copyright, and trademark claims; and suits against the United States

Exclusive state Jurisdiction

Cases involving all matters not subject to federal jurisdiction.

Marshall is working on a contract with a U.S. company involving the manufacturing of goods in China, and wants to ensure that U.S. law applies in the event of a dispute. He should include which of the following clauses in the contract?

Choice of law clause.

Article 1, Section 8, of the U.S. Constitution impacts businesses greatly and is referred to as the ____ clause.

Commerce

The _____ is perhaps the most significant federal law addressing cyber crime.

Computer Fraud and Abuse Act

One view of duty-based ethics focuses on the principle of rights. Choose the four groups whose rights may be affected by business decisions.

Consumers Suppliers Shareholders Employees

Lily has suffered severe injuries from a car accident. She would like to sue for compensation, but does not have enough funds on hand to retain an attorney on her own. What is the best type of fee arrangement for Lily?

Contingency fee

Maxwell collides with Julian's car while driving on the highway. Julian sues Maxwell for damages. However, Maxwell, the defendant in the lawsuit, argues that Julian was also driving negligently when the accident happened. Maxwell's assertion could be the basis of a ___________.

Counterclaim

Fifth Step

Evaluation

Li and Anderson are opposing parties in a lawsuit. Li claims to be injured due to the accident. After Li's attorney calls Li's doctor to the witness stand and questions him, Anderson's attorney asks some follow-up questions of the witness. Anderson's attorney is conducting a(n)

Cross examination

Third Step

Decision

Anderson runs into the back of Li's car. Anderson appears to be at fault. Anderson will be the _____________ and will probably receive __________.

Defendent; Service of process

A Florida law provides that any person who "knowingly serves" a person "habitually addicted" to alcohol may be liable for an injury caused by the intoxication of that person. Hoag was driving while intoxicated when his car struck Sabo's car. Sabo suffered injuries as a result. Before the accident, Hoag had consumed several drinks at Peoples Restaurant. Sabo sued Peoples Restaurant, alleging that the restaurant violated the statute. Peoples filed a motion for summary judgment, asking the court to grant a judgment in its favor without a trial because it had no knowledge of Hoag's drinking habits. The court most likely:

Denied the motion for summary judgment because there were questions of fact about the restaurant's knowledge of Hoag's drinking habits that had to be determined by a trial.

Forum Selection Clauses

Designation of jurisdiction (court or country) where any dispute will be litigated

Anna sues Whitney. While presenting her case, Anna's attorney calls Whitney's doctor to the witness stand. The questioning of this witness at this point in the trial is known as

Direct examination

Second Step

Discussion

Stewart, a construction worker, fell from a beam and suffered serious injuries. He sued his employer, Sunrise Construction, for damages. In most jurisdictions, a court will first impose lighter sanctions but eventually will dismiss a case if a party shows blatant disregard for court orders. Over six years of pretrial motions, Stewart was repeatedly asked to provide the names of expert witnesses he intended to call for his case. Sunrise filed motions three times asking the court to compel Stewart to answer the questions. The trial court entered three orders to compel Stewart to answer and four orders allowing him extra time to answer. Stewart did not respond. Sunrise filed a motion to dismiss because of Stewart's failure to comply with the orders. What would the court most likely do?

Dismiss the case because of Stewart's refusal to provide information to Sunrise.

Once the verdict is announced, jurors are generally

Dismissed

T/F Because a corporation is a legal entity and not a human being, there can never be corporate criminal liability.

False

Mason brought a civil rights action against his employer, the New York Department of Mental Hygiene, after it failed to promote him. His complaint stated that the department had discriminated against him by denying him "the authority, salary, and privileges commensurate with this position." The department filed a motion to dismiss for failure to state a claim for which relief could be granted. The court probably

Dismissed the case because the complaint did not state a claim

Motor Sports, Inc., sues A-Z Speed. Motor Sports alleges that A-Z breached (failed to perform) a contract that required A-Z to sell ten Jet Skis to Motor Sports. Under the rules governing discovery, Motor Sports is most likely entitled to obtain

Documents in A-Z's possession relating to the contract

In 1961, the Executive Director of the Planned Parenthood League of Connecticut was arrested and convicted of providing contraceptive information and materials to married people in violation of state law. The director appealed her conviction and the United States Supreme Court found that the law violated a constitutional right to privacy. The Constitution never mentions privacy, but the justices found that the right is embedded in several amendments. Which of the following is NOT one of those amendments?

Eighth

T/F Guilty of a tort

False

The appellate court does not hear new ________. The appellate court may affirm or ________the trial court's judgment or _________ the case for further proceedings.

Evidence; Reverse; Remand

A state law that bans illegitimate children from claiming child support from their parents after they turn ten, but does not ban legitimate children from doing the same, violates the procedural due process clause.

False

Acme Devices supplies their devices to a buyer in Germany. If Acme designates in the contract that any dispute will be litigated in the United States, this is an example of a choice of law clause.

False

Adhering strictly to all business laws is all that is necessary to fulfill all business ethics obligations.​

False

All shareholders are stakeholders and all stakeholders are shareholders.

False

An attorney's courtroom conduct would be judged by the reasonable person standard if that attorney was sued for negligently representing a client.

False

Appellate courts are comprised of three jurors who evaluate the case for possible errors.

False

As part of Anderson's affirmative defense, he can argue that Li is lying about the auto accident.

False

Because an intentional tort requires intent, a harmful motive is required

False

Business ethics are consistent only with short-run profit maximization.

False

Commercial speech is protected to the same extent as political speech.

False

Ethics is as clearly defined as the law.​

False

If a company chooses to do something that is legal, that decision also will always be ethical.

False

In preparation for the trial between Anderson and Li subsequent to the auto accident, Li's attorney places Anderson under oath and asks Anderson questions that are recorded by a court reporter. This is known as an interrogatory.

False

Jack sees an injured person lying on Frank's property. Jack crosses Frank's property to rescue the injured person. Jack has committed trespass to land.

False

Li and Anderson are opposing parties in a lawsuit. Li's attorney is questioning Anderson on the witness stand. Anderson says that a friend of Li's said Li was drunk at the time of the accident. Anderson's statement is admissible.

False

Managers who set unrealistic production or sales goals decrease the probability that employees will act unethically.

False

Once the pleadings are closed, no more motions can be filed.

False

Only defendants can make a motion for a directed verdict.

False

Religious ethical principles allow managers to make decisions with few possible negative consequences.

False

State laws that allow the use of medical marijuana insulate users in those states from federal prosecution.

False

State police powers only authorize the creation and maintenance of police forces.

False

Symbolic speech is not protected by the Bill of Rights.

False

T/F A cyber crime can best be defined as a new type of crime.

False

T/F An individual who has been the victim of a crime can prosecute the alleged criminal.

False

A trial between Shane and Verna results in a jury verdict in Shane's favor. After the jury renders its verdict, Verna's attorney can file a motion

For a new trial

Since the late 1970s, the _____ has prohibited U.S. businesses from bribing foreign officials.

Foreign Corrupt Practices Act (FCPA)

While hospitalized at the Washoe Medical Center, Swisher fell out of bed and died. Her family sued Washoe. Judges are required to remain impartial and to provide a courtroom that promotes order and decorum. During voir dire at the trial, when the plaintiff's attorney arrived late after a break, the trial judge led the prospective jurors in a standing ovation. The judge joked with one juror whom he had known in college and endorsed another juror's business. The judge's comments were made in the presence of the plaintiff and the defendant, their attorneys, and all prospective jurors. The jury found for Washoe. The plaintiff moved for a new trial, but the judge denied the motion. The plaintiff appealed, arguing that the tone set by the judge prejudiced the plaintiff's right to a fair trial and violated Nevada's Code of Judicial Conduct, which requires judicial neutrality. The appellate court most likely

Held that the Nevada judicial code applied and ordered a new trial.

Hank may be able to sue his neighbor Larson for ____________ if Larson sends Hank a text message telling him that his wife was killed in a car accident even though Hank knew that was untrue.

Infliction of emotional distress

First Step

Inquiry

Which of the following is NOT an element of negligence?

Intent

Which of the following are the two broad classifications of torts? Select two

Intentional and unintentional torts

Legislative Branch

Interprets the law

Karl sells Jason his house. After moving in, Jason learns that Karl failed to disclose serious defects in the house. Jason sues Karl. After the pretrial procedures are completed, the case enters the trial phase. The attorneys begin the process of voir dire. During voir dire

Jurors are picked from a jury pool

Fourth Step

Justification

Which of the following is not a form of ADR?

Litigation

Executive Branch

Makes the laws

_____ is the key to setting an ethical tone for a business.

Management's attitude

The power of judicial review has remained unchallenged since which Supreme Court decision?

Marbury v. Madison

Michelle Fleshner worked for Pepose Vision Institute (PVI), a surgical practice. She was fired after she provided information to the U.S. Department of Labor about PVI's overtime pay policy. She sued for wrongful termination, and the jury awarded her $125,000.

Michelle is the plaintiff, suing for wrongful termination. She reported the company's overtime policy. She won the lawsuit.

A long arm statute allows one state's court to exercise jurisdiction over a defendant from another state who has

Minimum Contacts

An appellate court can __________ a lower court's decision if, for example, the jury has awarded an excessive amount of damages and the court wants to reduce the award to a more appropriate amount.

Modify

At the end of a trial, the defendant's attorney may make a ______________ on the ground that the plaintiff has presented no evidence in support of her claim.

Motion for directed verdict

In a mediation, a ______ third party meets with the parties and emphasizes points of agreement to bring them toward ________ of their dispute.

Neutral resolution

Gamma corporation, an American company, signs a contract with Theta corporation, a company from another nation, where Theta will provide Gamma with certain raw materials. Because of the economy in its nation, there are many more people looking for jobs than there are jobs available. Theta hires employees at extremely low wages and does not maintain facilities up to American standards. Newspapers accuse Gamma of engaging in unethical behavior. Is Gamma's behavior ethical?

No, because Gamma has an ethical obligation to make sure that people who work for the company, either directly or indirectly, are being treated fairly.

Marshall owns and operates a construction firm. He uses inexpensive and low-grade building products and accepts inferior carpentry work from his subcontractors. Nevertheless, Marshall complies with all the city building codes as well as all state and federal laws. Has he fulfilled all of his ethical obligations?

No, because legal compliance is regarded as the moral minimum.

If you are a farmer who grows and sells only locally, can you correctly conclude that the commerce clause does NOT apply to your activities?

No, because the commerce clause has been broadly interpreted.

Your state passes a law prohibiting businesses from supporting political candidates. You challenge the law in court. Will a court uphold that law?

No, because the law is an unconstitutional restriction of free speech.

A state legislature passes a statute prohibiting businesses from supporting any political candidate. If some business owners challenge the constitutionality of the law in court, will the law be upheld?

No, because the law is an unconstitutional restriction on free speech.

The state of Nevada passes legislation that bans speakers from hallways in academic buildings on university campuses in order to preserve the quiet that students need to study effectively and to ensure that pedestrian traffic is not blocked. Luis challenges the law as a violation of his rights to free speech. Will Luis win his suit?

No, because the right to free speech allows for a reasonable regulation of time, place, and manner so long as the regulation is content neutral.

The state of Michigan was in an economic crisis. The governor and legislature asked Congress to exempt Michigan's citizens from their federal tax burden for two years. Does Congress have the authority to make the exemption?

No, the taxing and spending clause requires that taxes be imposed uniformly throughout the United States

Dominic sues Gemalt, Inc. for negligence. At trial, Dominic testifies that he heard Francis, a manager at Gemalt, say that he thought Gemalt was acting carelessly. Dominic's testimony about Francis will most likely be

Not admitted as evidence because it is hearsay

Cybersettle.com is an example of an organization that provides

Online Dispute Resolution

Fourth Amendment

warrant must be issued with probable cause

The _______ greatly expanded the authority of the government to monitor e-mails and Web site visits.

Patriot Act

What powers do the states have to regulate or prohibit private activities?

Police powers

Typically, the three phases of litigation are

Pretrial, Trial, and Posttrial

free exercise Clause

Prohibits Congress from interfering with an individual's right to believe what he or she chooses

free speech Clause

Prohibits Congress from restricting the right to criticize the government

Gramm-Leach-Biley Act

Prohibits disclosure of nonpublic personal information without certain requirements being met

Electronic Communications Privacy Act

Prohibits interception of information communicated electronically

The question of whether commercial advertising is a form of speech protected by the First Amendment of the U.S. constitution is a _______

Questions of law

Privacy Act

Regulates agency use and disclosure of data related to individuals

Health Insuracne Portability and Accountability Act

Requires medical records to be used only for authorized purposes and requires informing patients of their rights to medical records

Substantive due process

Requires that the government be fair and reasonable in its legislation and executive actions

Procedural due process

Requires that the government give proper notice and opportunity to be heard and follow any established processes

Equal protection

Requires that the government treat similarly situated people in a similar manner

____________ consist of a series of court rules guaranteeing presentation of reliable evidence during trial.

Rules of evidence

The law that requires companies to set up confidential systems so that "red flags" can be raised about suspected illegal and unethical business practices is the:

Sarbanes-Oxley Act.

Jane publishes a newsletter casting into doubt Eliza's ownership of her land. Jane has arguably committed:

Slander of title

Modern Railways Co. operates a cargo railroad service between New York and Boston. A train owned by Modern Railways derails due to a maintenance problem. The train collides with a delivery truck owned by CraftCo, shattering $100,000 worth of porcelain inside. If CraftCo sues Modern Railways Co. for negligence, CraftCo may be able to recover:

Special Damages

Which of the following acts normally does not constitute a conversion?

Temporarily borrowing a friend's textbook and then returning it.

All powers expressly "reserved" to the states fall under the ____ amendment.

Tenth

After the trial, a juror told PVI's attorneys that another juror had made anti-Semitic statements during jury deliberations. The comments concerned a witness who testified on PVI's behalf. According to the juror, the other juror said, about the witness: "She is a Jewish witch." "She is a penny-pinching Jew." "She was such a cheap Jew that she did not want to pay the plaintiff unemployment compensation." Another juror confirmed the remarks. PVI filed a motion for a new trial on the basis of juror misconduct. The trial judge held that the comments did not prevent a fair trial from occurring.

The defendent, PVI, requested a new trial. The plaintiff won the trail, and a juror misbehaved with anti-Semitic comments.

The town of Rock River decides to put a new road through the middle of town to increase tourist traffic. In order to build the road, they must tear down a number of buildings. They send a note to the building owners telling them to vacate the premises within 24 hours or their possessions will be destroyed when the buildings are torn down. It is likely that the town has violated which provision of the Constitution?

The due process clause

When the language in the Bill of Rights is unclear, which of the following may occur?

The individual state legislatures interpret the unclear language.

Which of the following is not an element of fraudulent misrepresentation?

The misrepresentation of opinions

Rupert and Cordelia own an American company that does business in foreign nations. Getting a license in a new country can be challenging. As they try to enter into business in a new country, Rupert fills out the license paperwork and takes it to the correct office. There, he pays the front-desk person $100 to process the paperwork, as is the custom in that country. Cordelia, who has connections in that country, schedules an appointment with the minister of commerce, who has the authority to determine which foreign companies get licenses, and pays him $200 to approve their license. Which payment(s) likely violated the Foreign Corrupt Practices Act?

The payment made by Cordelia but not the payment made by Rupert.

Maya prevails in her lawsuit against Anthony. Anthony can satisfy the judgment by

Transferring property he owns directly to Maya or selling property he owns and using the proceeds to pay her

Choose the flow chart below that represents the ordering of most court systems (state and federal).

Trial Courts → Intermediate appellate Courts → Supreme Courts

A law that imposes prison sentences on all street entertainers without a trial would likely violate procedural due process.

True

A plaintiff who obtains a court judgment against a defendant can obtain compensation from all of the defendant's assets if it is necessary to compensate the plaintiff.

True

An action may be legal but not ethical.​

True

An intervening event that acts as a superseding (overriding) cause may relieve the defendant of liability for injuries caused by the intervening event.

True

Businesses may face many ethical issues with regard to social media.

True

Corporate social responsibility combines a commitment to good corporate citizenship with a commitment to making ethical decisions, improving society, and minimizing environmental impact.

True

The FBI has an open criminal investigation regarding potential terrorist activities in the U.S. The agency wants to gain access to personal information through Internet activities of certain individuals. Congress has passed which of the following acts that allows the FBI to access this kind of information?

USA Patriot Act

Which three of the following may contribute to a lack of ethics in a workplace?

Unrealistic production or sales goals Managers who do not actively discuss ethics Unethical activities by management

_____ is a philosophical theory developed by two British philosophers, Bentham and Mill.

Utilitarianism

A California state court judge is deciding whether a trial will most conveniently be held in Los Angeles or San Francisco. In this case, the judge is considering the appropriate ________

Venue

Under what circumstances will a judge grant a motion for a new trial?

When the jury clearly misapplied the law or misunderstood the evidence.

An order directing a sheriff to seize and sell the defendant's nonexempt assets is called a

Writ of execution

Which of the following has nothing to do with false imprisonment?

You are made fearful of unwanted and possibly harmful contact with another person.

To successfully assert a design defect, a plaintiff has to show that a reasonable _____ design was available and that the defendant's failure _____ to the alternative design rendered the product _____ reasonably _____.

alternative, adopt, not, safe

Corporate social responsibility is most successful when a company undertakes activities that

are significant and related to its business operations

If a company mails registered letters, sends e-mail, and places ads in local newspapers where it sold a defective product, and a customer knows of the recall but ignores it and uses the product anyway, which defense can the company likely use at trial?

assumption of risk

An attorney's conduct is judged by the reasonable person standard. a. True b. False

b. False

The reasonable person standard concerns itself with how a particular person would act and not with how an ordinarily prudent person should act. a. True b. False

b. False

You accidentally bump into someone on the sidewalk and that person falls but is unharmed. Nonetheless, that person usually can successfully sue you for damages. a. True b. False

b. False

Cooktop, Inc., manufactures cooktops on which Juarez burns his fingers. Has Cooktop, Inc., unreasonably violated its standard duty of care? a. Yes, because Cooktop placed no warnings about the possibility of being burned. b. No, because stoves get hot and some people get burned when they are careless. c. No, because Cooktop disclaimed all liability for accidents.

b. No, because stoves get hot and some people get burned when they are careless.

Which of the following questions does a court NOT ask to determine whether the requirement of causation is met? a. Is there causation in fact? b. Was there intent? c. Was the act the proximate cause of the injury?

b. Was there intent?

A person who engages in unexcused and harmful or offensive physical contact against someone else has committed

battery

The Miranda v. Arizona case requires that anyone arrested on suspicion of criminal activity must:

be informed of certain constitutional rights before he or she can be interrogated

Concurrent Jurisdiction

cases where both state and federal courts have power to hear the case, as in cases involving diversity of citizenship.

Carly is a manager at a business. When she has a job opening, she regularly does Internet searches on applicants to see if they have social media accounts. If so, she reviews whatever she can access. Her findings, or lack of findings, go into her notes and may influence whether she interviews and ultimately hires an applicant. Carly's actions are:

clearly legal but ethically uncertain.

What is actus real?

commit a guilty act

Robert, who lives in Ohio, files a lawsuit against Trading Post, a Washington company, in an Ohio state court. The Trading Post's only sales activity outside the state of Washington occurs via its Web site. According to the sliding-scale standard, the Ohio court can always exercise personal jurisdiction over out-of-state defendants based on Internet transactions if the court finds that the defendant has:

conducted substantial business with Ohio residents through its Web site.

Regan owns and manages The Coffee Shoppe. She likes to experiment with different management styles and life philosophies. She recently studied Kantian ethics and asks her employees to begin following Kant's categorical imperative at work. This means that the employees should:

consider their actions in light of the consequences if everyone in society acted the same way.

John operates a profitable business selling child pornography. His enterprise is likely to be:

considered criminal

The city of Trenton, New Jersey, passed an ordinance making it unlawful to use any form of sound amplification on the city streets. Keller mounted a speaker on a truck. Through the speaker, he played music and spoke on a microphone while driving on city streets. Keller was convicted and fined $50. He appealed, arguing that the ordinance violated his rights of free speech and free assembly. The city claimed that the ordinance served a legitimate governmental function in keeping the city streets safe and orderly, and did not prohibit or unduly restrict any particular speech. The court probably found that the ordinance was

constitutional as a reasonable restriction on fundamental rights.

The social policy behind strict product liability includes all of the following EXCEPT:

consumers generally are not very aware or careful with their products

Some companies have begun to focus their decision making on the triple bottom line. Which three of the following are the three key concepts of the triple bottom line?

corporate profits the impact of profits on people the impact of profits on the planet

Felonies

crimes like arson, murder, rape, or robbery that carry the most severe sanctions

Which of the following situations is arguably not an appropriate application of strict liability? a. keeping wild animals b. blasting with dynamite c. storing toxic chemicals d. shipping storage containers

d. shipping storage containers

Congress passes a law that regulates the amount of lettuce that can be grown on a farm. Milton is a farmer who grows lettuce. He grows more lettuce than is allowed under the new law and is fined. He sues to have the law declared unconstitutional, arguing that he grew the allowed amount for sale and then grew some extra for his family to use in personal consumption. The federal courts are likely to:

declare the law constitutional because Milton's actions substantially affect interstate commerce.

The basis for an action in strict liability which is set forth in the Restatement (Second) of Torts Section 402A can be summarized by the following six requirements. The product must have been in a _____ when the defendant sold it. The defendant must normally be engaged in the _____ (or otherwise distributing) that product. Most of the states require that the product must be _____ to the user or consumer because of its defective condition. The plaintiff must incur _____ to self or property by use or consumption of the product. The defective condition must be the _____ of the injury or damage. The goods must not have been _____ from the time the product was sold to the time the injury was sustained.

defective condition, business of selling, unreasonably dangerous, physical harm, proximate cause, substantially damaged

The listing of alternatives and evaluation of them using ethical theories occurs in the _____ stage and the agreement of a plan of action happens in the _____ stage.

discussion decision

choice-of-law clause

designates which nation's law will be applied if there is a dispute over a contract

Miller signed an employment contract containing an arbitration clause stating that "any dispute" arising during employment must be resolved by binding arbitration. Two years later, after she was injured on the job and took leave to recover, she was fired. She filed a complaint for disability discrimination with the Equal Employment Opportunity Commission, which gave her a "right to sue" letter. She then filed suit in federal court against her employer for disability discrimination. The court:

dismissed the suit because of the arbitration agreement.

Transpac Corp. and Alliance, Inc., agree to a contract that includes an arbitration clause. After a dispute arises, the case goes to arbitration. The arbitrator finds in Transpac's favor. Alliance files a lawsuit, alleging that the award should not be enforced because the arbitrator made an error in her findings of fact. The court will likely:

do nothing

If a state passes a regulation that impacts interstate commerce, it may violate the _____ commerce clause. To decide if the regulation is unconstitutional, the courts typically balance the _______ of the state against the _____ on interstate commerce.

dormant; interests; burdens

There is no _____ to warn about risks that are commonly known. A seller must warn those who purchase its product of the harm that can result from the _____ misuse of the product. Courts apply a _____ test to determine if the warnings adequately alert consumers to the product's risks.

duty, foreseeable, reasonableness

Duane and Elizabeth start a business manufacturing pencil and pen holders out of recycled materials. They draft a mission statement where they declare that they are committed to environmentalism and to using their profits to improve the quality of life of the homeless. The declaration of beliefs in a mission statement is most often associated with:

duty-based ethics.

Trespass to land requires that a person ________ onto, above, or below the land surface owned by another, or ________ on the land owned by another.

enter; remain

A real property owner must ________ that a person is a trespasser. A guest in your home is typically ______ a trespasser.

establish; not

In a strict product liability lawsuit, the plaintiff has to show why or in what manner the product became defective.

false

Product misuse obviously occurs when a product is used for a purpose other than what it was intended for. The courts recognize this defense in almost all lawsuits today.

false

Statutes of repose often allow for unlimited liability for manufacturers of defective products, no matter how far in the past.

false

When a company makes a product as safe as is economically realistic, and that product does not exceed the expectation of danger for a normal customer, that product is unreasonably dangerous.

false

When a manufacturer argues that it engaged in reasonable quality control efforts, that argument will act as a sufficient defense in a strict product liability lawsuit.

false

When the defense of comparative negligence is successful at trial, it completely absolves the defendant of liability.

false

The U.S. Constitution created a _____ form of government.

federal

Stiles is much stronger than Ben. He threatens to beat Ben, then punches him in the face, and knocks out a tooth. Ben will probably bring a lawsuit against Stiles

for assault and battery, because there was both a threat and a harmful action

The ______ Amendment protects the "right of the people to be secure in their persons, houses, papers, and effects." Usually officers must obtain a _____ , based on _____ , in order to enter a dwelling. Under the ______ Amendment, natural persons, but not ______ , have the right not to incriminate themselves.

fourth, search warrant, probable cause, fifth, corporations

The Fourteenth Amendment does NOT guarantee:

freedom of the press

The two main purposes of the Free Speech Clause of the First Amendment are to allow people to:

freely voice their political opinions, and criticize the government.

Petty offenses

in criminal law, the least serious kinds of criminal offenses, such as traffic or building-code violations

A person can be found to be criminally reckless if:

he or she consciously disregards a substantial and unjustifiable risk

Business ethics does NOT focus on:

how businesses are treated under international laws and customs.

Jeff believes in the principle of rights theory and uses it to make ethical decisions for his business. He must decide whether to expand his business into Asia. Several key employees do not want the business to expand overseas and have threatened to quit if Jeff makes this move. Under the principle of rights theory, he will make this decision by considering:

how his decision will affect the rights of his employees, his consumers, and others.

John is a resident of Iowa. While driving through California, he is in an accident involving Marisol, a California resident. Marisol files a lawsuit in a California state court. Over John, the California court has:

in personam jurisdiction.

Steps toward limiting tort damages in a number of states include all of the following except:

increasing the burden of proof in negligence cases

When a grand jury decides that someone should be charged for an alleged crime, such a charge is called an _____.

indictment

Provisions of the Fifth and Fourteenth Amendments guarantee that no person shall be deprived of life, liberty, or property without due process of law. This clause applies to all "legal persons," meaning:

individuals and corporations

Many lesser crimes do not require a grand jury, but the individual is nonetheless formally charged via a(n) _____.

information

When making decisions, a business should evaluate the _____ implications of each option, the public relations impact, the safety risks for _____ and employees, and the financial implications.

legal consumers

Misdemeanors

lesser crimes than felonies, punishable by a fine or imprisonment for up to one year, in somewhere other than a state or federal penitentiary

Content-neutral laws regulate the time, place, and _____ , but not the content of speech.

manner

In the theory of profit _____, resources flow to where they are _____ by society, allowing businesses to focus on their _____.

maximization most highly valued strengths

Compliance with the law is sometimes called the

moral minimum

Jackson, a homeowner, files a lawsuit against Michael, his construction contractor. Prior to trial, they meet with their attorneys to try to resolve their dispute before going to trial. This proceeding is known as:

negotiation

Corporate social responsibility is a relatively _____ concept and _____ imposed on corporations by law.

new; is not

Eighth Amendment

no excessive bail and no cruel and unusual punishment

Cora owns a Christian bookstore and tries to run it in accordance with Judeo-Christian values. Cora learns that Margo, one of her employees, has been taking money from the cash register and giving it to homeless people who come into the store. Under an analysis of duty-based ethics with a religious foundation, Margo's behavior is:

not acceptable because stealing is never justifiable.

Tina decides to take her claim against her Internet service provider to FairDeal.com, a private, online dispute resolution provider. This limits her access to the court system:

not at all.

One good defense against strict product liability is that _____.

the goods were altered after they were sold

The inquiry analysis involves identifying the _____ and collecting the relevant _____.

parties facts

Negligence __________ may occur if an individual violates a statute or ordinance and thereby causes the kind of harm that the statute was intended to prevent. __________ statutes exist to protect, as an example, medical personnel who volunteer their services in emergency situations. __________-shop acts impose liability on bartenders who have served too much alcohol to those who are involved in accidents after leaving the bar.

per se Good Samaritan Dram

Bribery is acceptable in certain foreign countries. Indeed, U.S. Development, Inc., has found that the only way it can ensure delivery on certain contracts in these countries is to bribe the officials. This is:

permitted by U.S. law if the payment is made to a minor official to speed up administrative procedures.

Name four possible cyber crimes.

phishing, identity theft, cyberterrorism, hacking

A company that manufactures a device that is heavily regulated by the government and has to undergo a rigorous pre-market approval process likely can use the following defense if it is sued:

preemption

When Congress intends to exclusively control a subject where the U.S. Constitution allows for both states and the federal government to act, courts will use the doctrine of _______ to invalidate any state regulations.

preemption

The Fourth Amendment provides protection against unreasonable searches and seizures and requires that _____ cause exist before a warrant for a search or an arrest can be issued.

probable

If a student is kicked out of school based on an allegation of cheating but does not have an opportunity to present his case to the dean, it is likely a violation of:

procedural due process

establishment clause

prohibits Congress from creating a state-sponsored religion

The _______ basis test requires that the classification of people be related to a _______ government interest.

rational; legitimate

A house adjacent to a lake is an example of

real property

The application of morals and ethics to a situation is usually called ethical _____ . This study is typically divided into two major categories. The first, _____ ethics, is often founded in religion or philosophy. The second, _____ ethics, focuses on the impacts of a decision on _____.

reasoning duty-based outcome-based stakeholders

Cal-Ban 3000 was a weight-loss drug made by Health Care, a Florida corporation. Tart, a citizen of North Carolina, read ads for the product in a newspaper and bought Cal-Ban in North Carolina from a local pharmacy. Within a week of taking the supplement, Tart suffered a ruptured colon. Alleging that the injury was caused by Cal-Ban, Tart sued Health Care in a North Carolina state court. Health Care asked the court to dismiss the case, arguing that the North Carolina court could not exercise personal jurisdiction over Health Care. The court most likely:

refused to dismiss the case, because the defendant had placed the product in the stream of commerce in North Carolina and was subject to being sued in North Carolina.

Under the _____ doctrine, a court may impose criminal liability on a corporate officer who knew about a given criminal violation.

responsible corporate officer

Sixth Amendment

right to a speedy public trial by jury

_____ occurs when courts look at the risk of harm from a product as designed, compared to the utility to the user and to the public.

risk-utility analysis

Assumption of risk does NOT require:

seeking out the riskiest activities.

What is robbery?

taking someone else's property with threat or use of force

What is larceny?

taking someone else's property without the intent of harm

Charles loses his breach-of-contract case against Micheletta in a Georgia state trial court. Charles appeals to the state court of appeals. Losing again, he files his next appeal with:

the Georgia Supreme Court.

Stan, a citizen of Iowa, files a lawsuit in an Iowa state trial court against Jalisco Farm Supply, a Texas company that sells supplies in Iowa. The court has original jurisdiction because:

the case is being heard for the first time.

The upper-level management of Nationwide Sales Corporation wants to fire Andy because he is a nonproductive employee. Using a utilitarian approach to business ethics, management would probably consider:

the costs and benefits of retaining a nonproductive employee.

As originally intended, the first ten amendments to the Constitution limited only the power of:

the federal government.

Ross, a research manager for Stock & Bond Investments, Inc., adheres to utilitarian ethics. Ross will determine that an action is morally correct when it produces the greatest good for​

the most people.

Marco files a lawsuit against Allied Company in an Oregon court with limited jurisdiction. The difference between general and limited jurisdiction is based on:

the subject matter of the cases that the court can decide.

Steve, a citizen of New York, wants to obtain a business license in Illinois. The Illinois legislature passed a law requiring nonresidents to pay a $1,500 fee to apply for business licenses in the state of Illinois. Illinois residents pay nothing for a business license. This discrepancy in the fees between the residents of Illinois and other states may violate:

the privileges and immunities clause

A city ordinance allows only two hot-dog stands to operate in the city's downtown area. If someone who would like to add another hot-dog stand challenges this ordinance under the equal protection clause, the rule will be subject to:

the rational basis test

The doctrine of strict product liability applies to suppliers of component parts.

true

Congress passes legislation that requires all people to have health insurance or pay fines to the government. The president analyzes the legislation and signs it. Several different individuals challenge the law as unconstitutional and the United States Supreme Court agrees to hear the case. After the hearing, the justices declare that the law is constitutional. This is an example of:

the system of checks and balances.

A lawsuit against a knife manufacturer by a customer who cut herself using the knife likely won't succeed because:

there is a commonly known danger of cutting oneself when using a knife

You are given permission to use Alvie's land for a one-day, all-terrain vehicle event. Your truck breaks down during the event, so you leave it on Alvie's property. Most likely you have committed:

trespass to land

A company that manufactures children's games should have bright and bold warnings that are presented in simple terms.

true

Assumption of the risk is a viable defense in a product liability action.

true

If a defective product injures a bystander, the bystander can sue the manufacturer for strict liability.

true

In a strict product liability lawsuit, the product must be in a defective condition when the defendant sells it.

true

Individuals who frequently buy and consume supersized portions of fatty food at a particular restaurant chain are not likely to succeed in lawsuits against the chain if they become overweight.

true

Market-share liability is a theory used when plaintiffs cannot prove which of many distributors of a harmful product supplied the particular product that caused the injuries.

true

What is burglary?

unauthorized entry of premises with evil intent

The Iowa legislature passed a law banning trucks 65 feet long or longer from operating on its roads and highways because big trucks do more damage to roads than smaller trucks and are involved in more serious accidents. Prior to the ban, Consolidated Freightways (CF) had driven big trucks through Iowa on a regular basis, and these trucks were legal in other states. Switching to smaller trucks for trips through Iowa was inconvenient and costly. CF filed a lawsuit contending that the statute was unconstitutional. The United States Supreme Court most likely found that the Iowa statute was:

unconstitutional under the "dormant" commerce clause.

A Minnesota statute required all operators of slow-moving vehicles to display a fluorescent red triangular sign. Henderson, an adherent of the Amish religion, was charged with violating the statute. His defense was that the law violated his First Amendment right to freedom of religion because displaying "loud" colors on his slow-moving black buggy conflicted with his religious belief that he should remain separate from the modern world. Henderson stated that he was willing to display the sign if he could use silver, instead of red, reflective tape, which was equally effective. The state argued that the law applied to all equally. The court most likely found that the statute, as it applied to Henderson, was:

unconstitutional under the free exercise clause.

Garrett was a commercial tour boat operator on the northern coast of Kauai, Hawaii. He was licensed by the state of Hawaii to operate his boat in Hanalei Bay. The U.S. Department of Transportation and the U.S. Coast Guard also granted Garrett an unrestricted license to operate his boats in Hanalei Bay. Hawaii subsequently passed a law that banned all commercial use of Hanalei Bay. The state refused to renew Garrett's state license and ruled that he was not allowed to operate his vessel based on his federal licenses. Garrett sued the state, alleging that the state law that prohibited him from operating his boat conflicted with the federal law that authorized him to do so. The court probably found that the state law was:

unconstitutional under the supremacy clause.

Jane Sanderson worked in a travel-service office and had access to the reservation systems of several airlines. She accessed the system and replaced the names of passengers with fictitious names. She also enrolled the fake names in the airlines' frequent-flyer programs. Her husband set up mailboxes under those names for the delivery of free airline tickets "earned" under the frequent-flyer programs. Real passengers were not harmed by and did not complain of the deception. The Sandersons' behavior was:

unethical and illegal, because their actions constituted theft from the airlines.

Because many products cannot be made 100 percent safe for all uses, sellers are only liable for products that are _____.

unreasonably dangerous

A major premise of the _____ approach to ethics is "the greatest good for the greatest number." Thus, an action is morally _____ when it creates the _____ amount of harm for the fewest people. A _____ analysis involves assessing the negative and positive effects of alternative actions.

utilitarian right least cost-benefit

Ethics can be defined as the study of

what constitutes right and wrong behavior

Julie is sales manager for Kelso's Concrete & Stone Products, Inc. In applying ethical principles to the business of the firm, Kelso's and Julie will most likely evaluate​

what duties and responsibilities should exist for the business.

Johnson Marine, Inc. and Westport Co. are involved in a maritime shipping dispute. Their contract has an arbitration clause. The arbitration clause _____ be enforced because of provisions in the ________ , which was enacted in ______ .

will Federal arbitration act 1925

If a defendant can succeed in convincing the court that a plaintiff's injury resulted from a commonly known danger, the defendant normally _____ be liable.

will not

A police officer believes that evidence of a crime exists in a house and asks a judge to issue a general warrant that allows a search of the house for any evidence that might be found. The judge likely:

will not grant the warrant because it is too general

Name 3 different types of malware.

worms, viruses, botnets

James worked for a corporation that measured its success in terms of short-term profits. James truly believed that the company could be a better company, and make more money, if it changed its strategy to focus on being a good citizen and by giving back to the community. These beliefs likely:

would result in a long term benefit to the company and an increase in long term profits.