exam 1

When a party to a lawsuit for breach of contract files pleadings, they must conform to which set of rules?

The Rules of Civil Procedure

renatta was arrested yesterday and charged with money laundering. cleverly, renatta collected all of her illegal profits in bitcoin and never took any actual currency. if renatta argues that one cannot launder money through bitcoin, which case will be precedent to the contrary

US v Ulbrincht

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?

living constitution

which of the following is an example of a rationalization

it really doesnt hurt anyone

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

judicial review

in 2016, samsung, a south korean conglomerate with 22% of the worldwise smartphone market, recalled 2.5 million new Galaxy Note 7 smartphones because they had a defect that caused them to catch fire while charging. ... whose ethics test involves an analyssi of the symbolic potential of a company's actions?

laura nash

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

limited

using the steps for analyzing ethical dilemmas in your textbook, what is the second step that you should take after you gather then facts when analyzing an ethical problem?

listing missing information and your assumptions

after doing an alalysis of the facts of the situation and the consequences to stakeholders, what is the final step in the ethical decision-making process

make a recommendation

mary is broke but needs a gown to go to a formal dance sponsored by her company. she goes to a local dress shop and purchases an expensive gown she cannot afford. she wears the gown to the event, tucking in and hiding the price tag rather than removing it. she dances all night and the next day goes back to the shop and returns the dress. the store's policy is that it will accpet returns for 30 days as long as the price tag is still attached

mary has not acted ethically because this is not an act generally accepted in society

how you would analyze an ethical dilemma using ethical egoism?

you would do what is in your self-interest

which is one of the categories of ethical dilemmas ?

"taking things that don't belong to you"

New Mexico passed a law banning private ownership of any guns within its state which is directly in violation of the Second Amendment of the Constitution. Which statement is correct?

The law will be invalidated because it is inconsistent with the Constitution

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 the previous week in a similar trial. Which statement is true?

The trial court does not establish precedent.

A trial without a jury, where a judge is a trier of fact and law, is called

a bench trial

Which document initiates a lawsuit?

a complaint

Which of the following is sent from one litigant to the adversary to determine which facts both parties accept as true?

a request for admission

Diversity jurisdiction requires citizens of two different states

and a controversy of $75,000 or more.

one of the lessons of ______ is that sometimes we let external pressures and human psychological tendencies interfere with our ability to make good ethical decisions

behavioral ethics

which test asks us to analyze the legality of our actions?

blanchard and peale

Sherry, a professional photographer, sues Brett for breach of contract when he failed to pay her for pictures that she took for him. In which type of court of law would she file the cause of action for breach of contract?

civil

japan 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?

civil law system

using religious beliefs to determine the resolution to ethical problems is which of the following?

divine command theory

which of the categories of ethical dilemmas might an arbitrator face when there is an arbitration clause in your employment contract that specifies that the employer is paying the arbitration fees?

engaging in a conflict of interest

The 14th Amendment extension of the application of the Bill of Rights to state and local government in addition to the federal government is called

incorporation

voir dire

is the process of choosing a jury.

what advantage does creating a eprsonal credo bring a person

it allows us to look at ethical issues more deeply rather than through prism of emotions, desires and pressures

when you make a list of "pros and cons" when you are making an ethical decision that reflect the pressures of the moment, which ethical theory are you practicing?

moral relativism

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 many 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?

no ! your hair is not trimmed evenly and smoothly

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

why do people relabel their behavior from something like stealing to permanent borrowing?

people do this to make their conduct seem more ethical so they will feel better about their actions

antonio is a sales manager who routinely belittles employees for not reaching sales targets. this is an example of which category of ethical dilemmas?

perpetrating interpersonal abuse

"i misremembered" is sometimes how a person explains lying. when they do this, which type of behavior are they demonstrating?

relabeling

the state of new hampshire has passed a new law banning moose hunting during a full moon. this law would be a...

statute

Assume that Iowa has passed a statute requiring all noncitizens to sit in the back of public buses. That statute would be reviewed using

strict scrutiny

A __________ is served to the defendant along with the complaint as formal notification that he is being sued with instructions to answer the complaint.

summons

which of the following is a rationalization?

thats the way it has always been done

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

the administrative branch

With regard to federal question jurisdiction,

the case may be filed only in federal court and the amount in controversy is irrelevant.

under which ethical theory do we create a rule from our behavior that everyone must follow?

the categorical imperative

which of the following ethical decision-making models asks us to analyze the legality of our actions?

the wall street journal test

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

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

compliance, contribution and consequences are the backbone of which ethical test?

wall street journal model

the wall street journal models asks which of the following as part of its ethics test?

what are the short and long term consequences of this decision?

The trial court in New York has heard a case and issued a decision. This decision

will not be precedent in any U.S. courts.