ETH/321

After a tragic event in which an armed intruder storms into a mall and fatally shoots several people, the city of Belmonte institutes a law that prohibits any form of weapon in public retail establishments. This reaction would be an example of following which school of jurisprudential thought?

Irrational Forces

Sally and Kirk are at odds over the details of a business contract. Neither of them wants to go to court, but they both refuse to make a compromise on the terms they expect from one another. Which of the following would most easily force them to a resolution?

Legally-binding arbitration

If the goal is to facilitate planning, which of the following is the best tool that matches that goal?

allow debate on change

During a criminal trial where Emerly was found guilty, evidence was presented against her which Emerly and her lawyer feel was unfairly prejudicial. Emerly wants to appeal the court's decision. Which of the following is most likely true?

If an appeals court fines at the evidence against Emerly should've been executed, she can receive a new trial

Casey is on trial under criminal allegations that she engaged in fraudulent behavior at the company she manages. She is worried when the plaintiff alleges that it has "unambiguous proof" that Casey is guilty. Which of the following is most likely true?

If the plaintiff provides proof only up to the level of "clear and convincing," Casey can still be acquitted

Which of the following lists the burden of proof in level of weight from least to greatest

-Prima facie evidence -Preponderance of evidence -Clear and convincing evidence -beyond a reasonable doubt

Sage files a complaint against Isabel, alleging that Isabel is responsible for damages to Sage's property. Isabel thinks the allegations are ridiculous and doesn't bother to respond to the complaint which she has been served. Which of the following is likely true?

A court can judge in Sage's favor because Isabel seems to be constructively admitting to Sage's allegations

In the context of a court case process, what is the definition of sequestered?

A jury is separated from the community during a trial

Which of the following is true concerning trial venues?

A party can receive a change of venue when it anticipates a fundamentally biased trial environment

Which of the following situations would not substantiate proper standing to sue?

Aniesha wants to sue her neighbor Robert after she witnessed him steal someone else's car

Annie is an observer to a legal dispute between two of the tenants in a building she manages. She has documented information relevant to the case but prefers not to get involved in the dispute. Which of the following is true?

Annie can be required via subpoena to provide the information she has

Which method of dispute resolution is most typically incorporated as a condition in business contracts for potential disputes?

Arbitration

Cleo has been the victim of continuous unfair dealings with his landlord for several years. When he finds out one of his neighbors is suing his landlord for the same reasons as those to which Cleo feels harmed, Cleo wishes to join in the case. Which of the following is likely true?

Cleo may be allowed to intervene in the case and gain party status, joining the plaintiff

The government of Sharonville is deep in debt, and consequently enacts a city ordinance that requires citizens to do volunteer work for the city once per week. Such and act would be in accordance with the __________ school of jurisprudential thought.

Command

Which legal school of thought is illustrated in this dialogue? DONUT DAY AT THE OFFICE Part 8 (Just then Calvin, the fit CEO, comes jogging into the room with a water bottle in hand. He spots the donuts and shows his disgust.) Calvin: Why do people inflict such nasty, sugar-coated poison on all of us?! A healthy workplace is a happy workplace. (He takes both boxes of donuts, puts them in a small, dirty, battered trash can and steps on them to squash them down, making them suddenly inedible. He smiles at everyone as if they all agree that he has done them a great service.) That's my job as CEO, to help everyone realize a long and happy life! Cheers! (He runs from the room as everyone looks on in stunned silence. After a couple of seconds Bob collapses on the floor next to the garbage can, looking at the destroyed donuts as if they were a long-lost love.) End Part 8

Command School of Thought

Which legal school of thought is illustrated in this dialogue? DONUT DAY AT THE OFFICE Part 4 Lee: Right. Inflexible rules, applied the same way every time and in every situation, are just a sign of corporate insanity. This is a company that knows how to adapt and make smart decisions based on the circumstances at hand. Remember when we found out that Allied Chemical hair gel accelerated hair growth at twice the industry standard . . . just before the hair would fall out? Remember what happened to Winfred after he tested out the stuff for us? Remember how happy Allied Chemical was with us when we figured how to market their goop anyway? The rules are made to help us, the best of the best, get what we want. We are the "enlightened" of the break room, and the rules are meant to help US get what WE want. End Part 4

Critical Legal Studies school of thought

In the context of a court case process, which is the definition of rejoinder?

Defendants answer to the plaintiff

If the goal is to prevent undesirable behavior, which of the following is the best tool that matches that goal?

Deter Crime

In the context of a court case process, what is the definition of default?

Failure of the defendant to fulfill an obligation

Which legal theory is illustrated in this dialogue? DONUT DAY AT THE OFFICE Part 3 Joyce: We had a lawsuit filed about this after the pastry rumble of 2017 and there was . . . oh yeah, I remember there were some specific rules that are detailed out in 34 (b), section 4. Bob: Those stupid rules were just made right after Winfred face-planted in the donuts when he slipped trying to get past Alison. They don't apply here and now. There wouldn't even be donut rules if he'd paid attention to his own big feet. End Part 3

Irrational forces perspective

Clara is suing David because of a property dispute. Clara and David are from different states, so it is not readily clear which state has jurisdiction over this case. Which of the following is true?

Jurisdiction can fall in whichever state has subject matter or personal jurisdiction, likely depending on which state Clara feels will give her a more favorable outcome for her case.

Silvia and her brother Clyde make a code of rules they have to follow together. The rules are as follows: I) If Silvia bakes a cake, then Clyde can eat as much of it as he wants. II) Silvia and Clyde can only go to movies they are both interested in seeing. III) Every time Clyde borrows Silvia's car, he must put some gas in it. Silvia must do the same when she borrows Clyde's motorcycle. IV) If Clyde makes a cobbler, Silvia can eat as much of it as she wants. Which ethical philosophies are represented in these rules?

Kantian ethics and utilitarianiam

Lula thinks that people who discipline their children by spanking should be sent to jail and says she would be glad to go to jail if she was caught spanking her child. Which philosophy of ethics is applicable?

Kantianism

Which legal school of thought is illustrated in this dialogue? DONUT DAY AT THE OFFICE Part 7 Alison: (She stands during David's speech as if inspired but sits down once Bob starts talking.) Bob: Right. Power to the people David. Anyone else hungry? (He tries to slowly move to the donuts and Joyce continues to defend them like a point guard.) Lee: I have an idea that might address all of these issues. What if none of us have any of these donuts but instead we break up into teams and sell them to our coworkers for a profit? Instead of getting one or two donuts, we can stop on our way home and pick up a dozen of them each with our profits. In this case, we ignore the company stick-in-the-mud book regulations because, as you can see, we are obviously presented with some opportunities for a little economic development. Corporate rules here must bow to economic opportunity. If we let our rules block our prosperity, what kind of company will we become? End Part 7

Law and economics school of though

What is the fundamental philosophy of Law and Economics school?

Law is a function of economic forces

What is the fundamental philosophy of the sociological school?

Law is a means of redistributing wealth or promoting social justice

What is the fundamental philosophy of the Natural school?

Law is a product of people's inalienable, natural rights

What is the fundamental philosophy of the Command school?

Law is the means by which a ruling class maintains control

Dixonville has had fundamentally the same demographics, economic system, and social structure for decades. In recent years these factors have begun to shift, causing many to call for new legislation and legal practices. Shifting the legal structure of Dixonville in order to account for the changes that are occurring would be in accordance with the __________ school of jurisprudential thought.

Legal Realism

Which legal school of thought is illustrated in this dialogue? DONUT DAY AT THE OFFICE Part 5 Derek: We need someone we can trust who can divide up the donuts. One set of rules and what we've done in the past can't always be applied here. If we had an impartial judge or two in the mix, someone who doesn't like donuts perhaps, they could take into account all of the changing factorsimpacting our donut sphere and make up rules that will bring glazed-happiness to all who they think need it. End Part 5

Legal realism school of thought

Marcus lives in New York but regularly does business in Texas where his company has most of its business contacts. While traveling to Texas from New York, Marcus is sued by the hotel he stays at in Mississippi after he negligently destroys hotel property. Where would jurisdiction most likely fall under long-arm state statutes?

Mississipi

Determine which moral standard of social responsibility the business is observing. Brad's company has a smokestack that pollutes the air in a nearby community. When people begin complaining about the pollution, the company pays to have a stack scrubber installed on the smokestack to limit the pollution but does not respond to the community's complaints.

Moral Minimun Standard

Country A and Country B have had an informal trading arrangement for many years wherein merchants on the border of the countries may freely trade goods without the restriction of fees. Which of the following is true?

More than one response is correct

The federal government passes a law which a company, JuneCorp, feels unjustifiably discriminates against the company and harms its ability to operate. Under the strict scrutiny test, which of the following statements is true?

NOT JuneCorp can contest the legality of the law if all three scrutiny tests determine that the law is necessary

Nation A builds a new highway next to citizens' properties. In the months following, littering as well as several highway accidents result in damage to the properties. The property owners want to sue the government for damages, but are restrained by:

NOT act of state doctrine

If the goal is to keep the peace, which of the following is the best for that matches the goal?

NOT allow debate on change

Determine which moral standard of social responsibility the business is observing. Genie's company is considering building an annex to its main factory. While deciding on the project, the board of directors discusses the impact the the annex would have on the local community, shareholders, company profits, and nearby landowners.

NOT profit-maximizing moral standard

Judicial review allows the Supreme Court to:

NOT reject the decision of a lower court it finds to have erred

Determine which moral standard of social responsibility the business is observing. Vivian's company is considering building a huge new department store in a small town. The community argues that the store will disrupt local commerce and harm local business owners. Vivian argues that the store will save money for customers and bring more jobs to the community. Assume both arguments are true.

NOT stakeholder theory moral standard

A judge feels strongly that some of the jurors in a current trial have been responding with extreme bias against the defendant. After deliberation, the jury comes to a verdict which the judge does not completely agree with. Which of the following is most likely true?

NOT the judge must enter judgment based on the jury's verdict, since all the jury members passed the void dire process

Which legal school of thought is illustrated in this dialogue? DONUT DAY AT THE OFFICE Part 2 Bob: Listen, donuts are made to bring joy into our lives and to wake up our glazed faculties. Just let them be distributed according to unchanging moral principles of justice. The donuts will distribute themselves according to natural principles. We just take what we want and the leftovers will be appreciated by those who enjoy them most. Don't overcomplicate this. Where's the chocolate milk? End Part 2

Natural law school of thought

In the context of a court case process, what is the definition of beyond a reasonable doubt?

No other explanation can be derived from the facts-evidence

NoraCorp wants to meet a moral minimum of ethical behavior in its operations. It is planning a merger with another company which would cause any or all of the following: I) Stock price will go up, positively impacting shareholders II) The company could build a new central headquarters, which would decrease nearby property values III) The company could fire 200 employees IV) The company could afford a new production facility, which would negatively impact the environment and landowners' property. V) The company could offer higher-quality products to customers for lower cost, positively impacting customers. NoreCorp decides to move forward with the merger. All of the above events occur, but NoraCorp offers severance packages to the employees it fires and plans to compensate landowners for damages caused by the new production facility. Which of the following is true?

NoraCorp has met its moral minimum requirements

If the goal is to determine procedures for changing the law, which of the following is the best tool that matches that goal?

Provide legislative processes

Radcliffe is a college business professor with little education but extensive experience in business. A treaty negotiating the free trade of educational opportunities was just passed between Canada and the U.S., and it includes a condition that "all university professors must have at least a master's degree in order to teach." Which of the following is true?

Radcliffe no longer meets the qualifications to teach

In the context of a court case process, what is the definition of affirmation?

Ratification of a trial courts decision

Anthony votes in favor of a bill which would prevent people above a certain level of income from being able to purchase subsidized housing. Which philosophy of ethics is applies here?

Social Justice Theory

A new law is established in the town of Avery that promotes affirmative action employment for transgender and homosexual individuals. This law would be in pursuance of the tenets of the __________ school of jurisprudential thought.

Sociological

Which legal school of thought is illustrated in this dialogue? DONUT DAY AT THE OFFICE Part 6 Bob: Donut spheres? Glazed happiness? Anyone notice who is not eating donuts right now? Are we about to form a blue-ribbon commission here? David: Bob, don't you see what's happening. While we fight over which one of us gets the goodies, our coworkers, who are actually working by the way, are missing out on these delicious chemical donuts. Meanwhile our friend Alison will be left out of the mix as well as Winfred, who is again in the hospital. What about our custodial and shipping people who are relegated to the basement world? Once again, they will get no goodies, and they are the ones doing the actual work. They aren't even allowed up here in our break room because we don't want their greasy hands on our microwave. The only good reason for rules here is to protect the donut-less among us. Donut laws are not any good unless they address the inequalities that would not otherwise even be considered. End Part 6

Sociological school of thought

If U.S. law discriminates against a particular class of persons in order to achieve a critical, compelling state interest, it must pass the __________ test in order to be lawful.

Strict scrutiny

A law was recently passed in the city of Birmingdon that specifies a long list of restrictions on disposing of different kinds of waste material. The law is long, meticulous, and complicated, and many citizens do not understand all the points of the law or the purpose it is meant to fulfill. Citizens are commonly caught breaking the ordinance. Which law or principle of law will help defend them? Select the most relevant answer for this situation.

Substantive Due Process

In the context of a court case process, what is the definition of a deposition?

Testimony out of court during pre-trial investigation

An appeals court feels that a lower court has made an incorrect judgment concerning a civil law case. Which of the following would be the mostly reason to remand the case back to the lower court?

The appellate court found a mistake of law that occurred during the initial trial

The jury in a criminal case has been deliberating for a week on the decision it will make on a trial. Half of the jurors think the defendant should be acquitted, and half think the defendant is guilty. The jury is having trouble reconciling its many differing opinions. Which of the following will most likely happen?

The jury will likely be hung

Which of the following is a legitimate purpose of discovery?

To reveal all available information about the facts of the situation