LSB

The process by which two-thirds of the legislatures of the states make a proposal to amend the Constitution is called

W- Substantive Due Process

Which document stated "ambition must be made to counteract ambition" which acknowledged that no branch of the government has a monopoly on power?

W- The U.S. Constitution

Black's Law Dictionary, as cited in the textbook, defines "aw" as including each of the following except

A tool for regulating personal ethics.

Irina promised to mix Axel's lawn. In return, Axel paid her $500.00. When Irina arrived, she became mad at Axel and only mowed on strip of grass an d then mowed over his foot through his prized flower garden and then left. Which statement below is correct:

Axel could sue for multiple causes of actions because one particular act of transaction may be classified in more than one legal category.

Erin witnessed a motor vehicle accident but did not stop because she did not want to get involved. Had she stopped, she could have saved the life of Joseph, who was thrown from the car. When Joseph's window hears that Erin could have easily saved Joseph's life but chose to ignore the situation, she sues Erin. The state has no "Good Samaritan" laws or duty-to-assist laws, but such cases have been brought in the past. Which of the following will the court apply when making a decision in this case?

Common law

In 2008, the state of North Carolina created a law that made it illegal for a registered sex offender to access social media websites that allow minors to access it, as well. That law demonstrates:

Common law

Let's say, Habitat for Humanity, a community-based nonprofit, this year had a surplus of money in that they did not spend all of the money that had raised this year. Which statement below is correct?

R- The surplus will be reinvested in activities that achieve the company's social mission.

When a corporation looks not only to the profits it can make, but also evaluates its decisions based upon the environmental and social value this is called

R- Triple Bottom Line

Under the theory of Milton Friedman, should a corporation donate money to charitable organizations?

No. While individual people are free to give money to charitable organizations, corporations have an ethical date to shareholders to make as much money as possible.

Which theory of constitutional interpretation asserts that the meaning of the words of the Constitution are fixed and judges cannot change the meaning of the text until the Constitution is formally amended is called

Originalism

"what if everyone took these same actions" is a question sometimes called the

R- Universalization approach

Packingham, a registred sex offender in North Carolina, was convicted of a felony for violating a North Carolina law which made it a felony for a registered sex offender to access social media sites that allowed minor children to as well. Packingham appealed his conviction to the U.S. Supreme Court which overturned in his conviction stating that the law was unconstitutional because it impermissibly restricted lawful speech and violated the First Amendment. The opinion of the U.S. Supreme Court is

Precedent

After a rather unfortunate visit to the local hair salon, Janet asks John if the hair on the back of her head has been trimmed evenly and smoothly. John observes was not and actually she has bald spots as a result of her haircut. According to Immanuel Kant's theory of ethical theory of categorical imperative ethical decision making regime, which one of the following statement should John make?

R- "No! Your hair is not trimmed evenly and smoothly."

Congress can override a presidential veto of a bill by:

R- 2/3 majority vote

Regulations created and enforced by federal regulatory agencies are examples of

R- Administrative laws

Which of the following situations will create diversity jurisdiction?

R- Alana, a Delaware resident, sues Morris, a New York resident driving in Delaware, for $80,000 when he rear-ends her while she's riding her bicycle and severely injuries her.

Mason, an employee at Campbell corporation, witnesses Bayden, a fellow coworker taking bribes and gifts from clients in violation of their company's code of ethics, conflicts of interest clause. Mason does not report him as hi is a very good friend of his. Which statement below is correct for an effective values management program?

R- All employees have a duty to report violations of law or the company's code of ethics to a superior manager.

Congress is drafting a federal statute to increase the speed limit on the interstate to 100 miles per hour. However, it has not been passed or been approved by the President. It is called a

R- Bill

Jerry, in making his business decisions always attempts to determine what will make the greatest number of people happy and least number of people hurt. Therefore, with that in mind, he fires the senior most employee, Reid, at his business only because he makes the most money. Jerry then takes Reid's salary and divides it up between the remaining 20 people. All 20 people are thrilled with heir raises, but Reid obviously is not. What type of Ethical Decision-Making Regime does this most closely represent?

R- Consequence-based

An attorney in the business context is called

R- Counsel

Tucker sues nick for breaching contract. Nick is the

R- Defendant

The theory behind the system of checks and balances is

R- Each branch of the government can use its power to monitor the other branches

The legal authority of a court to decide a specific case is

R- Jurisdiction

Sherry attends a training session at her job as a contract administrator. The presenter continually refers to the term "force major" which is unclear to Sherry. What is this an example of?

R- Legalese

The family law court in Illinois has what type of authority?

R- Limited

Which theory of constitutional interpretation would allow space exploration and aviation to be a function of the federal government because the Constitution specifically delegates the right to create and army and navy to the federal government?

R- Living Constitution

The Society of Corporate Compliance and Ethics is an organization that

R- Offers triangles to help employers comply the rules and regulations to maintain the overall ethical culture of the corporation.

The opinion that the Constitution should be based upon what people at the time of when the Constitution was created believed the text to mean is

R- Original Meaning theory

Crystina is a resident of Delaware and, while shopping in Pennsylvania, is assaulted by Puuki, a New Jersey resident. Ordinarily, venue in this case would originally be in

R- Pennsylvania

The broadest view of Corporate Social Responsibility is that corporations have a social responsibility to which profit is secondary is called

R- Public theory

Natural law relies on _____ to determine universal and timeless rules of moral behavior.

R- Reason

Andre, Michael and Reed go on a hunting trip to Texas, leaving their good buddy Evan behind to run the business they own together as partners. In a fit of jealousy and rage, Evan burns the business to the ground. Which statement below is correct?

R- Since Evan's actions were criminal, he could be held criminally liable and since his actions caused monetary damages to the business, he could also be held civilly liable to his partners for the damages.

Which statement below is correct as it relates to business strategy?

R- Since the law has become increasingly complex and specialized, and businesses routinely face many different legal issues, it is not unusual for a business to need to seek advice from more than one attorney.

The U.S. Supreme Court bans registered sex offenders from accessing social media sites that minors may also access. This was declared unconstitutional because it impermissibly limits lawful speech and establishes the precedent that will be applied to future cases with similar facts and issues under the doctrine of:

R- Stare Decisis

Sarah worked for southwestern botanical gardens... When Sarah approaches an atoner about this, he informs her that she can no longer bring the lawsuit because she waited too long and it would be unfair to hold them currently responsible for past bad action. To which law is the atoner referring meant to avoid this situation?

R- Statute of limitations

Article II of the U.S. Constitution established which branch of the government?

R- The executive branch

Which statement is correct?

R- The judicial branch was established by Article III

Modern Corporation operates a steel mill. It has never contributed anything to the local community and it knowingly polluted both the air and the river that runs by its mill. The corporation's reasoning is that the cost of installing pollution control devices would diminish its profits, and its supports the community would also diminish its profits. Which theory of corporate social responsibility is Modern Corporation exhibiting?

R- The narrow view or invisible hand theory

In a recent fictitious decisions of the Supreme Court of Pennsylvania, Shrute v. Halpert, the court interpreted the U.S. Constitutionally guaranteed Second Amendment right to bear arms to mean, the right of a person to own one shotgun, and no other weapons. This decision

R- Will be thrown out as on the U.S. Supreme Court interprets the U.s> Constitution.

Three people were murdered in a local salon in Tampa, in Hillsborough County Florida. The story made the local news and the residents of Tampa held a 10 day vigil to mourn the loss of the three people. Everyone in Tampa knows of this event as the media has had round the clock coverage. A man is charged for the murder in a Tampa court in Hillsborough County. If the defendant believes that the case is too high profile and he will not get a fair trial because, he could request

R- a change of venue

An ethical vision to guide the decision and behavior of a business's employees and managers is called

R- a code of ethics

Small claims courts were created to

R- allow people easy access and simplified process to adjudicate with a lower value

Diversity jurisdiction requires citizen of two different states

R- and a controversy of $75,000 or more.

A new type of business that requires its board and officers to consider the impact their decisions have on shareholders, society and the environment are called

R- benefit corporation

The Due Process Clause is founded in

R- both the Fifth and Fourteenth Amendments

The U.S. constitution created three branches in the federal government. Those three branches are

R- executive, legislative, and judicial

The state of Kansas has enacted a new large requiring all commercial trucks driving on Kansas roads to have specula mud flaps installed. These mud flaps have been proved to make driving in the rain significantly safer as they reduce mist created by rucks in the rain, although data regarding accidents and injuries have not yet been determined. Any truck entering Kansas must have these flaps installed or will be subject to a significant fine and delay. The cost for purchase and installation of these flaps is $1,000 per truck. In short, trucks must have these flaps or go around the state. This Kansas law

R- is invalid because, although on its face it's an intrastate law, this statute will have a significant economic effect on interstate commerce, causing an unduly burdening.

Bekah owns Sweet Creations, a bakery which is famous for making the most delicious organic baked goods. Bekah learns that a bill, being publicly debated in Congress, is likely to become law which will require any bakeries stating that their products are organic to purchase all of baked goods through one central supplier to ensure accuracy and quality of baked goods deemed organic. Finding out this information, bekah contacts the central supplier to enter into a long term contract for the lowest possible price of the supplies as she predicts the prices will soar once the general public learns of this new law. Bekah

R- is legally aware which allows her to be proactive in business planning

Kathy was returning to the United States after a vacation when the Customs Service confiscated some goods she had purchased abroad and brought back with her. The determination of whether the government acted properly and the type of hearing that she must be provided is an analysis of

R- procedural due process

The ultimate arbiter of federal law is

R- the U.S. Supreme Court

Which of the following is not a coequal branch of the U.S. government as specified in the Constution?

R- the administrative branch

In Grimshaw v. Ford Motor Company, if Ford had made the repairs to the cars, diminishing profit but enhancing customer safety, which theory of corporate social responsibility would Ford have been exhibiting?

R- the broad view of management's hand theory

The power to carry out foreign policy is an enumerated power granted to

R- the executive banch

When an attorney requests a change of venue, the attorney is asking

R- to move the trial from one location to another due to the potential unfairness of a trial in the first location

In commerce today, the intent of laws are all of the following except

R- to promote maximum profits

In the second step of constitutional amendments, the ratification process requires

R-at least three-fourths of each state's legislatures approve

Statutory law is

R-created by the legislative branch and approved by the executive branch.

Nobel Prize-winning economist Milton Friedman believed that

The only responsibility a business has is to maximize shareholder wealth

Brenna confronts Noah at work as he is continually taking packets of printer paper and pens from the office supply closet for his own personal use at home. Noah responds angrily that the employer had plenty of supplies and they would not even notice it. Brenna responded with he question, "But what would happen if everyone at work took some paper and pens?" Brenna's statement illustrates which type of theory of ethical decision making?

Universalisation test

How many U.S. Circuit court of Appeals circuits are thee in the United States?

W- 25

The person who brings a lawsuit by filing a complaint is called

W- A prosecutor R- A plaintiff

Japan, for example, does not rely extensively on precedent, but rather adheres to a strict interpretation of a legislatively established code or regulation. What type of system of law is that called?

W- Administrative law system

Which Article of the Constitution establishes the legislative branch

W- Article III

Bundy's Bicycle Corporation, a U.S. corporation, had a windfall year in profits and is looking for legal loopholes to avoid paying taxes on it massive profit. To avoid taxes Bundy's merges with a foreign business, simply to avoid paying for taxes in a process called

W- Corporate evasion

Delware has a specialized court that specifically hears commercial matters that is called a

W- Equity court

Marbury v. Madison

W- Extended the bill of rights protections to the states

The utilitarian approach to moral philosophy was founded by

W- Immanuel Kant Jeremy Bentham

To deal with he often complex and time-consuming matters of ethical decision making, Kania Corporation created a separate unit staffed by lawyers and non-lawyers to help it follow rules and regulations and maintain the company's culture of values and ethics. This is known as

W- In-house Counsel

The categorical imperative test consists of

W- Individuals making ethical decisions with an eye toward potential consequences if only some in society acted similarly but not all

Fly High Aviation provides maintenance for executive jets based on private contracts with corporations that maintain airplanes for company use. Which of the following is least likely to be a Fly High stakeholder?

W- Individuals who own Fly High Stock

Integral to Business Model is a standard used to determine if

W- Internet presence is sufficient to establish subject matter jurisdiction for a business.

Janet is on the board of directors of a public company. The board is deciding on a new health care plan that would cost its workers more than its current plan, but would save the company millions. After asking herself how she would feel if this decision was announced to the public on social media, Janet decided to vote against changing the health plan. The approach Janet used in making her decision is referred to as the

W- Invisible hand test

After the recent fire which substantially damaged Notre Dame in Paris, Corporation X, decides to dedicate half of its profits for the next two years to the rebuilding efforts. Under which corporate social responsibility ethical decision making theory would this most likely be proper?

W- Moderate view

"Judicial activism" is most closely aligned with which theory of Constitutional Interpretation

W- Orignial intent

In general, a search occurs when the government has invaded a person's

W- Personal Property

Appellate courts have the role of ____ because they review decisions of the lower courts.

W- Regulatory Review

The Supreme Court reviewing actions of other branches of government to make sure they are consistent with existing laws and the Constitution is called

W- Regulatory review

The equal Protection Clause is contained in the

W- Sixth Amendment

Suppose the 9th U.S. Circuit of Appeal interpreted freedom of speech to include posts on social media and the 7th U.S. Circuit of Appeals specifically rules that freedom of speech did not include social media posts, how would this split be resolved?

W- The circuit court judges would argue the case in front of the U.S. Supreme Court.

Congress passes a law which creates a procedure for an individual to make a claim of a patent violation. The ability to make this law is allowed under

W- The equal protection Clause

The governmental body charged with actually enforcing and carrying out the laws promulgated by Congress is:

W- The judicial branch

A state's appellate court has made a decision in a particular case. That decision becomes case precedent in all cases except the cases heard in

W- The state's special courts, such as a family or probate

During a trial, the plaintiff Jeff, asserts that the same trial court, with the same judge, decided a case with very similar facts in favor of the plaintiff. He therefore states that in his current trial, the trial court must follow the precedent set thee previous week in a similar trial. Which statement is true?

W- The trial court will only establish the precedent established in another trial court if the judge views the set of facts substantially similar.

The U.S. system of common law

W- Was established primarily by the U.S. Constitution

The police were issued a search warrant to find a full-size tractor that was stolen. In executing the search warrant, the police find crack cocaine in the person's nightstand drawer. Will the police be able to use the crack cocaine as evidence?

W- Yes as a warrant allows the police to search the entire premises

Jeane sues the local newspaper for defamation when they publish and article about her. She feels that their actions are so extreme and outrageous that she states that she will file case directly with the U.S. Supreme Court. Will this be allowed?

W- Yes because the suit is dealing with a Constitutional right, freedom of speech.

Mike is walking down the street minding his own business when he is stopped by a police officer. although no crimes have been reported in the area and Mike has done nothing suspicious, the police officer does not like Mike's appearance so he conducts a pat-down search and finds a tiny bag of marijuana. Under these circumstances, this is

W- an illegal search under Fifth Amendment protections

Mackey Corp. is incorporated in Delaware but has no office in the state. Its main office is in Arizona. Mackey would have a physical presence in Delaware to be sued in a case not involving an auto accident if

W- it maintains a sales agent in Delaware

In Keeton v. Hustler Magazine, the New Hampshire court determined that

W- mere regular circulation of a magazine is insufficient alone to create jurisdiction if no physical presence of the defendant can be shown in the state.

The supreme court case of Pennoyer v. Neff articulated a framework for the exercise of personal jurisdiction by lower courts that applied to

W- state courts only and was based on providing fairness to the parties with constitutional requirements related to equal protection

In Asahi Metal Co. Ltd v Superior CT. of California, the court ruled that

W- the defendant did not consent to personal jurisdiction which was required.

Alexander entered into a contract with Eowynn to purchase a vintage 1962 Shelby Cobra for $5000.00. After both parties agreed to the price Eowynn learned that the actual market value of the Car is around $760,000.00. She therefore decides to back out of the deal and offers to give Alexander his money back. Alexander does not want the money. He wants the car. For what remedy might Alexander sue Eowynn?

W- the monetary damages caused by the breach of contract

Recent data breaches of some major corporations have increased

W- the need for legal advice in technology issues

Another term for "the exclusionary rule" is

W- the strict scrutiny doctrine

______ theory is a moral philosophy that certain rights and moral values are timeless and universal and discoverable through human reason.

W- virtue

The zippo standard requires a case-by-case analysis

W- whenever the website in question is considered integral to the business model

_______ is derived from the courts.

W-Statutory Law

A forum selection clause

is created by the parties after the dispute and which state's court has the appropriate precedent and statutory law to hear the case.

In Brandenburg v. Ohio according to the First Amendment, freedom of speech, the court ruled that inflammatory speech or hate speech

is protected unless it seeks to imminently incite lawless actions

Kevin is in-house counsel for a major corporation. The chief officer, Steve, wants to create a company policy whereby if an employee if pregnant, she will only work a maximum of 30 hours a week so as to not overwork the pregnant employee. Steve asks Kevin to research the law to determine if there would be any potential legal risks with the course of action. This type of business strategy is called

prevention