BUSI 2371 CH 1-4

The Clean Water Act is an example of _________.

A Federal Statute

Which of the following best describes a chamber?

A portion of the legislative branch of government; refers to either the U.S. House of Representatives or the U.S. Senate

The _______ School of jurisprudence asserts that the law is an aggregate of social traditions and customs that have developed over the centuries

Historical

__________ is a body of action or conduct prescribed by controlling authority and having binding legal force.

Law

According to English common law, the only relief available in ___________ was a monetary award for damages.

Law Courts

The U.S. Constitution is an example of which school of law?

Natural Law School

Scholars in which of the following schools of jurisprudence are most likely to look to past legal decisions (precedent) to solve contemporary problems?

The Historical School

The courts have the power to interpret and determine the validity of the law. What is this branch of the federal government called?

The judicial branch

A compact made between two or more nations if called __________.

a treaty

English _______ law was developed by judges, who issued their opinions when deciding cases. The principles in these cases became precedent for later judges deciding similar cases.

common

The universal rules of Kantian ethics are based on which of the following two principles?

consistency and reversibility

The ______ theory of social responsibility argues that business has a responsibility to improve society and help solve social problems.

corporate citizenship

Legal cases are usually examined using the IRAC method because __________.

critical thinking must be used in applying the law to the facts of the case.

The executive branch of the government has the power to ________.

enforce the law

If a person looks to Karl Marx for ethical rules or commands, this is an example of __________.

ethical fundamentalism

Occupational safety laws that establish minimum safety standards for protecting employees from injuries in the workplace are an example of ___________.

moral minimum

A(n) ________ is a law enacted by local government bodies, such as cities and municipalities, counties, school districts, and water districts.

ordinance

Laws that allow for the settlement of cases prior to trial are an example of which function of the law?

providing a basis for compromise

The Texas Natural Resources Code is an example of a(n) __________.

state statute

Which branch of the federal government has the power to make (enact) the law?

the legislative branch (Congress)

What was the main reason for the establishment of chancery courts during the development of English common law?

to eliminate unfair results and limited remedies of law courts

The state of Florida has enacted the Lake Okeechobee Protection Act to protect Lake Okeechobee and the northern Everglades system. This law is an example of which of the following?

A state statute

Public benefit corporations, also known as _________, are created with the primary mission of generating ___________.

B Corporations; general-public benefits

Under English common law, persons who believed that the decision of a law court was unfair or believed that they law court would not grant an appropriate remedy could seek relief in ___________.

Chancery (equity) courts

The ________ School of jurisprudence believes that the law is a set of rules developed, communicated, and enforced by the ruling party rather than a reflection of the society's morality, history, logic, and sociology.

Command

Which of the following approaches has been used to deal with the new digital and information technology environment?

Courts applied existing laws to the new digital and technological environment.

The _________ School of jurisprudence proposes that legal rules are unnecessary and are used as an obstacle by the powerful to maintain the status quo.

Critical Legal Studies

__________ improves a person's problem-solving skills and helps him or her to make clear, logical, rational, and well-reasoned conclusions and judgments.

Critical legal thinking

The ______ system of law was the foundation from which American judges first developed a common law in the colonies.

English

_________ was law developed by judges who issued their opinions when deciding cases. The principles announced in these cases became precedent for later judges deciding similar cases.

English common law

_________ holds that individuals must decide what is ethical based on their own feelings about what is right and wrong.

Ethical relativism

When legal scholars look to past legal decisions (precedent) to solve contemporary problems, it is an example of which school of jurisprudence?

Historical School

English common law was developed by ______.

Judges

According to ________, people owe moral duties that are based on universal rules.

Kantian ethics

________ is also called duty ethics.

Kantian ethics

The ________ School of jurisprudence believes that promoting market efficiency should be the central goal of legal decision making.

Law and Economics

Which of the following schools of jurisprudential thought might suggest that the federal government's policy of subsidized housing provides incentives resulting in too many homes being built?

Law and Economics

As trade developed during the Middle Ages, which courts were established to administer rules to solve commercial disputes?

Merchant courts

The _________ School of jurisprudence asserts that the law should be based on morality and ethics.

Natural Law

The city of Mackinac Island, in Michigan, wants to preserve its 1800s Victorian houses and buildings, keep the island car-free, and require buildings to adhere to era-specific aesthetic standards. What kind of laws would Mackinac Island enact to preserve its unique character?

Ordinances

In POM Wonderful, LLC v. Coca-Cola Company, the court held that __________.

POM could proceed with an action under Section 43 of the Lanham Act

Under ________, fairness is considered the essence of justice.

Rawls's social justice theory

Section 406 of the _______ Act requires a public company to disclose whether it has adopted a code of ethics for senior financial officers, including its principal financial officer and principal accounting officer.

Sarbanes-Oxley

The __________ School of jurisprudence asserts that the law is a means of achieving and advancing certain sociological goals.

Sociological

Laws that make discrimination in employment illegal is an example of which school of law?

Sociological School

Your sister is in law school. She believes that laws that prohibit discrimination for potential LGBTQ employees best reflect what laws are supposed to do-- shape the way we behave. Your sister most likely subscribes to the _______ of jurisprudence.

Sociological School

In class, your professor asks you to put the desks in a circle. He describes a current U.S. Supreme Court Case where Coca-Cola may have misled its customers about the contents of one of its juice blends. Your professor asks questions and prompts debate about the case's ethics. Your professor is using the ________ method to discuss the case.

Socratic

__________ means "to stand by the decision."

Stare decisis

You and your classmates are discussing your philosophies about how the law developed. One of your classmates refers to the fact that during WWII and the Vietnam War, the federal government enacted draft laws that required men of a certain age to serve in the military if they met certain requirements. To which school of legal philosophy does your classmate most likely belong?

The Command School

You're considering buying your first home. One of your classmates suggests that the federal government's policy of subsidizing housing provides incentives so that too many homes are built. Your classmate says that, if these laws did not exist, then the free market would determine the exact number of homes that should be built. Your classmate most likely subscribes to which of the following schools of jurisprudential thought?

The Law and Economics School

Your Business Law professor believes that law is "discovered" by humans through the use of reason and choosing between good and evil. She points to the U.S. Constitution as an example of her philosophy. Your professor most likely subscribes to which school of philosophy?

The Natural Law School

_______ provides that the U.S. President. with the advice and consent of two-thirds of the Senate, may enter into treaties with foreign governments.

The U.S. Constitution

In which government body is the number of representative determined according to the population of each state?

The U.S. House of Representatives

Which government body is composed of two U.S. senators from each state?

The U.S. Senate

How does Brown v. Board of Education show the flexibility of the law?

The U.S. Supreme Court overturned a past decision of the Court

____________ the supreme law of the United States.

The United States Constitution is

A company is trying to determine whether it should close an unprofitable plant located in a small community. _______ would require that the benefits to shareholders from closing the plant be compared with the benefits to employees, their families, and others in the community from keeping it open.

Utilitarianism

If an action would increase the good of 25 people by one unit each and an alternative action would increase the good of one person by 26​ units, then, according to​ _____, the latter action should be taken.

Utilitarianism

_________ is a moral theory with origins in the works of Jeremy Bentham and John Stuart Mill.

Utilitarianism

__________ dictates that people must choose the action or follow the rule that provides the greatest good to society.

Utilitarianism

Which of the following is NOT a relevant question according to the IRAC method of critical legal thinking? a. Which executive nominated the judge presiding over the case? b. What was the conclusion or outcome of the case? c. What is the legal issue in the case? d. What is the court's analysis and rationale? e. What is the rule of the case?

a. Which executive nominated the judge presiding over the case?

The United States have addressed the environment that resulted from the information age in all of the following ways EXCEPT ___________. a. limiting the use of digital technologies by the government b. using interpretation to have courts apply existing laws to the digital environment c. writing new laws that apply specifically to the digital environment d. enacting federal statutes

a. limiting the use of digital technologies by the government

The universal rules of Kantian ethics are based on two important principles: 1.) consistency--that is, ____________, with no exceptions---and 2) reversibility--that is, _____________ the morality of someone else's conduct.

all cases are treated alike; the actor must abide by the rule he or she uses to judge

Which of the following is an INCORRECT statement regarding Kantian ethics? a. Kant's ethical theory would have people behave according to the categorical imperative, "So unto others as you would have them do unto you." b. Kant believed that people owe moral duties that are based on conditional rules. c. Kant's philosophy is based on the premise that people can use reasoning to reach ethical decisions. d. According to Kantian ethics, keeping a promise to abide by a contract is a moral duty even if that contract turns out to be detrimental to the obligated party. e. A criticism of Kantian ethics is that it is difficult to reach a consensus on what the universal rules should be.

b. Kant believed that people owe moral duties that are based on conditional rules.

Which of the following is NOT a primary function of law in the United States? a. providing a basis for compromise b. establishing uniform principles of individual morality c. facilitating planning d. facilitating orderly change e. maximizing individual freedom

b. establishing uniform principles of individual morality

Which of the following is an INCORRECT statement regarding Rawls's social justice theory? a. one criticism of this theory is that establishing the blind "original position" for choosing moral principles is impossible in the real world. b. under this theory, free enterprise is considered the essence of justice. c. under this theory, the persons of justice should be chosen by persons who do not yet know their station in society d. one criticism of this theory is that many persons in society would choose not to maximize the benefit to the least advantaged persons in society. e. under this theory, a "veil of ignorance" would permit the fairest possible principles to be selected.

b. under this theory, free enterprise is considered the essence of justice.

Why does the U.S. Supreme Court, which is comprised of nine justices, often issue non-unanimous decisions?

because each justice has analyzed the facts of a case and the legal issue presented, applied critical legal thinking to reason through the case, and come up with his or her own conclusion

Why do so many law professors use the Socratic method in their classrooms?

because it stimulates class discussions

Which of the following is NOT true about Rawls' social justice theory? a. one criticism of Rawls' social justice theory is that establishing the blind "original position" for choosing moral principles is impossible in the real world. b. fairness is considered the essence of justice under Rawls' social justice theory c. a criticism of Rawls' social justice theory is that it is difficult to reach consensus on what the universal rules should be. d. as a caveat, Rawls also proposed that the least advantaged in society must receive special assistance to realize their potential. e. one criticism of Rawls' social justice theory is that many persons in society would choose not to maximize the benefit to the least advantaged persons in society.

c. a criticism of Rawls' social justice theory is that it is difficult to reach consensus on what the universal rules should be.

Which of the following is an example of the Socratic method of teaching? a. recording lectures b. giving short answer quizzes c. asking students questions about a case or legal issue d. giving a multiple-choice test e. using power points

c. asking students questions about a case or legal issue

Which of the following is an INCORRECT statement regarding law and ethics? a. ethics demands more than the minimum degree of conduct expected by persons and businesses in society b. the law establishes a minimum degree of conduct expected by persons and businesses in society c. businesses organized in the United States are not subject to the laws of other countries in which they operate d. most laws are based on ethical standards e. not all ethical standards have been enacted as law

c. businesses organized in the United States are not subject to the laws of other countries in which they operate.

Which of the following is NOT a function of law? a. facilitating planning b. shaping moral standards c. changing the status quo d. keeping the peace e. maximizing individual freedom

c. changing the status quo

Some laws prevent the forceful overthrow of the government. These laws promote which of the following primary functions of the law? a. shaping moral standards b. promoting social justice c. maintaining the status quo d. maximizing individual freedom e. facilitating planning

c. maintaining the status quo

Some laws prohibit discrimination in employment. These laws promote which of the following primary functions of law? a. facilitating orderly change b. maintaining the status quo c. promoting social justice d. maximizing individual freedom e. providing a basis for compromise

c. promoting social justice

________ courts were allowed to give equitable remedies under the English common law.

chancery

Which of the following is NOT true about the social responsibility of business? a. In the past, many business decisions were based solely on a cost-benefit analysis and how they affected the bottom line. b. Corporations and businesses are considered to have some degree of responsibility for their actions under corporate social responsibility theory. c. Social responsibility requires corporations and businesses to act with awareness of the consequences and impact that their decisions will have on others. d. Social responsibility requires that business decisions be based solely on a cost-benefit analysis and how they affect the bottom line. e. Decisions made by businesses have far-reaching effects on society.

d. Social responsibility requires that business decisions be based solely on a cost-benefit analysis and how they affect the bottom line.

Which of the following statements is true about the early development of English common law? a. rather than inquire into the merits of the case, the chancery court emphasized legal procedure b. decisions of the law courts took precedence over those of the Court of Chancery c. English common law is based on French law d. equitable orders and remedies of the Court of Chancery took precedence over the legal decisions and remedies of the law courts e. English common law is considered civil law

d. equitable orders and remedies of the Court of Chancery took precedence over the legal decisions and remedies of the law courts.

The doctrine of stare decisis does all of the following EXCEPT: a. makes the law more predictable for individuals b. promotes uniformity of law within a jurisdiction c. makes the court system more efficient d. makes the law consistent across all jurisdictions e. makes the law more predictable for businesses.

d. makes the law consistent across all jurisdictions

The United States' law evolves and changes along with all of the following EXCEPT ___________. a. technology b. growth and expansion of commerce in the world c. growth and expansion of commerce in the United States d. misuses and oversights of our legal system e. the norms of society

d. misuses and oversights of our legal system

Which of the following is an INCORRECT statement regarding utilitarianism? a. Utilitarianism has been criticized because it is difficult to estimate the "good" that will result from different actions. b. Utilitarianism has been criticized because it treats morality as if it were an impersonal mathematical calculation. c. Utilitarianism dictates that people must choose the action or follow the rule that provides the greatest good to society. d. Utilitarianism has been criticized because it is difficult to apply in an imperfect world. e. Utilitarianism dictates that people must choose the action or follow the rule that provides the greatest good to society. This means the greatest good for the greatest number of people.

e. Utilitarianism dictates that people must choose the action or follow the rule that provides the greatest good to society. This means the greatest good for the greatest number of people.

Which of the following is NOT a recognized theory of the social responsibility of business? a. corporate citizenship b. moral minimum c. maximize profits d. stakeholder interest e. societal harmony

e. societal harmony

Which of the following is an INCORRECT statement regarding ethical fundamentalism? a. under ethical fundamentalism, a person looks to an outside source for ethical rules or commands b. a literal interpretation of the maxim "an eye for an eye" would permit retaliation c. taken to an extreme, the result of ethical fundamentalism could be considered unethical under most other moral theories d. critics argue that ethical fundamentalism does not permit people to determine wrong for themselves e. under ethical fundamentalism, the people must choose the action or follow the rule that provides the greatest good to society.

e. under ethical fundamentalism, the people must choose the action or follow the rule that provides the greatest good to society

If a person looks to the Bible or Koran for ethical rules or commands, this is an example of __________.

ethical fundamentalism

Under _________, a person looks to an outside source for ethical rules or commands.

ethical fundamentalism

It's the year 2150, and the human race has established a new country on Mars. After a dispute about water rationing, a war begins, and the president of the United States declares that the United States will no longer be selling goods or services to the new country on Mars. In this scenario, the President has issued a/an __________.

executive order

Laws that are enacted only after considerable study, debate, and public input are an example of which function of the law?

facilitating orderly change

The Securities and Exchange Commission is an example of a ___________.

federal administrative agency

The federal Clean Water Act regulates the quality of water and restricts water pollution. The federal National Labor Relations Act establishes the right of employees to form and join labor organizations. These two acts are both examples of __________.

federal statutes

Ethics and the law are _________.

intertwined

The steps of the IRAC method are:

issue, rule, application, and conclusion.

After Coca-Cola advertised a pomegranate blueberry juice with 0.3% pomegranate and 0.2% blueberry juice, POM Wonderful (a grower of pomegranates and a maker and distributor of pomegranate juice and juice blends) sued Coca-Cola under Section 43 of the federal Lanham Act, which allows one competitor to sue another to recover damages for unfair competition arising from false and misleading product descriptions. The U.S. Supreme Court held that POM Wonderful may proceed with its Lanham Act unfair competition lawsuit against Coca-Cola. Once the case is decided, the court will issue a _________.

judicial decision

Laws that make certain activities crimes are an example of which function of the law?

keeping the peace

After the Norman Conquest of England in 1066, William the Conqueror and his successors began to replace various local laws with one uniform system of law. To accomplish this, the king or queen appointed loyal followers as judges in all local areas. These judges were charged with administering the law in a uniform manner. What were these courts called?

law courts

Which of the following are categories of courts that established English common law?

law, equity, and merchant

What is the traditional view of the social responsibility of business?

maximize profits

Some proponents of corporate social responsibility argue that a corporation's duty is to make a profit while avoiding causing harm to others. This is the _______ theory of social responsibility.

moral minimum

The legislative and executive branches of federal and state governments are empowered to establish administrative agencies to enforce and interpret statutes enacted by Congress and state legislatures. In addition to adopting rules and regulations, these agencies usually have the power to hear and decide disputes. Their decisions are called ________.

orders

This content and assignments for textbook will help you develop the following career skills EXCEPT __________.

real-world application of scientific theory

Adherence to past court decisions so that they become precedent for deciding future cases is known as _________.

stare decisis

A(n) __________ is written law enacted by the legislative branch of the federal and state governments that establishes certain courses of conduct to which covered parties must adhere.

statute

The name of the U.S. Senate and the U.S. House of Representatives jointly is _________.

the U.S. Congress

The principles enumerated in __________ are extremely broad because the founding fathers intended them to be applied to evolving social, technological, and economic conditions.

the U.S. Constitution

What was the main reason for the creation of law courts by William the Conqueror during the early development of the English common law?

to administer the law in a uniform way