Exam 1 Review

Establish the values of society

"Law" does not

Statues enacted by legislature; The rules of law themselves; the judicial decisions from legal system

"Law" includes

A concurring opinion

A state Supreme Court decides the case of standard company versus United Inc. Of nine judges, five believe that the judgment should be in standards favor. Justice Terry, one of the five, wrote a separate opinion. This is

Rules, orders, and decisions of government agencies

Administrative law consist of

For Antonio, as the manage of a division of Panther Pass Powdered Brew Co., ethics is not concerned with all of the above public perception of profit-making activities practical concern for public opinion Antonio's personal convictions acting in Panther's best interest

Antonio's personal convictions

Administrative regulations, constitutional provisions, and statutes

Bohemus is a federal judge. Bohemus' Judicial decisions are part of case law. This lall includes interpretations of

Case law

Common law is

Persons who favor the creation of a National Biotech Agency to regulate the production of genetically altered agricultural products should concentrate their lobbying efforts on the president of the United States. the United States Supreme Court. federal administrative agencies that oversee agricultural products. Congress.

Congress

Law that governs internet transactions

Cyberlaw is

A legal positivist

Dominique, Evita, Fransisco, Gail, and Herbert Adhere to different schools of legal philosophy. The written law of a particular society at a particular time is most significant to

A background in business ethics is not as important as knowledge of specific laws. True False

False

According to utilitarianism, it does not matter how many people benefit from an act. True False

False

Administrative agencies cannot gather information through on-site searches and seizures. True False

False

All federal agencies are part of the legislative branch of government. True False

False

An agency must conduct a regulatory flexibility analysis of any new regulation. True False

False

An arbitrator can never render a legally binding decision. True False

False

Corporate decisions affect only those who own, operate, or work for the company. True False

False

Cyberspace is its own jurisdiction. True False

False

Discharging only one employee for ethical reasons has no impact on others' unethical behavior in the workplace. True False

False

For purposes of diversity of citizenship, a corporation is a citizen only of the state in which it is incorporated. True False

False

Ignorance of the law will always excuse a business from liability for a violation of that law. True False

False

Judicial review of administrative agency actions is required. True False

False

Mediation is adversarial in nature. True False

False

T/F State police powers relate solely to criminal law enforcement.

False

T/F The First Amendment protects commercial speech as extensively as noncommercial speech.

False

T/F The United States Supreme Court cannot hold acts of Congress unconstitutional.

False

T/F The federal government retains all powers not specifically delegated to the states.

False

The Internet has no effect on a court's assertion of personal jurisdiction. True False

False

The United States Supreme Court has appellate authority over all cases decided in the state courts. True False

False

The president of the United States creates administrative agencies by issuing signed executive orders. True False

False

Unless otherwise agreed, the result of an online dispute resolution proceeding may not be appealed to a court. True False

False

Allow the minor to cancel the contract

In Aplha v Beta A state Supreme Court held that a minor could cancel a contract for the sale of a car. Now a trial court in the same state is the siding Delta versus Gamma, a case with similar facts. Under the doctrine of stare decisis the trial court is likely to

To recover a right or to redress a wrong

In a suit against Adam, Beth obtains a remedy which is the means given to a party:

an equitable remedy

In the case ASPCA v. Mule Skinner Services, The court awards specific performance enjoining the skinning of mules. This is

The Internal Revenue Service (IRS) wants to seize certain documents of Investment Properties, Inc. Deciding whether it is permissible for the IRS to request or otherwise seize the documents depends on whether the documents are incriminating. relevant. technical. valuable.

Relevant

May establish rules that govern the use of automobiles on highways

Statutory law:

False

T/F A courts direction to a party to do or to refrain from doing a particular act is a rescission

False

T/F Common law is a term for law that is common throughout the world

True

T/F Stare decisis is a doctrine obligating judges to follow precedents established within their jurisdictions

False

T/F State agency regulations take precedence over conflicting federal agency regulations

As a body of general rules applied in the courts throughout England

The United States has a common law system. The common law began

The English legal system

The federal and state governments comprise the US legal system. This system is based upon

That have been developed by an authority for the society

The law is a set of principles, rules, and standards of conduct

A legal positivist

To Pete, the written law at a particular society at a particular time is most significant. Pete is

A long arm statute is a state law that permits courts to obtain jurisdiction over out-of-state defendants. True False

True

A motion for summary judgment may be supported with sworn statements and other materials. True False

True

A state may create an agency as a parallel to a federal agency to provide similar services on a local basis. True False

True

Access to online dispute resolution services is possible 24/7. True False

True

An action may be legal but not ethical. True False

True

An administrative law judge decides both questions of law and fact. True False

True

Congress may delegate some of its authority to administrative agencies. True False

True

Corporations owe legal duties to their shareholders and their employees. True False

True

Ethical standards based on religious teachings involve an element of compassion. True False

True

Ethics focuses on the way in which moral principles apply in daily life. True False

True

State courts are independent of federal courts. True False

True

T/F The Bill of Rights protects individuals against various types of interference by the states and by the federal government.

True

T/F There is no specific guarantee of a right to privacy in the Constitution.

True

The Federal Trade Commission is an independent regulatory agency. True False

True

The courts act as a check on the other branches of government. True False

True

The minimal acceptable standard for ethical behavior is compliance with the law. True False

True

To have standing to sue, a party must have been harmed or have been threatened with harm by the action about which he or she complains. True False

True

A failure of the Federal Bureau of Investigation to comply with a request under the Freedom of Information Act (FOIA) may be challenged in a special conference with the president of the United States. a meeting with Congress's FOIA subcommittee. a hearing before the U.S. Freedom of Information Agency. a federal district court.

a federal district court.

Acme Possum Soup Company manages its employees' retirement benefit plan. With respect to this plan, Acme has a proletarian duty no duty. a prolitarian duty. a subsidiary duty. a fiduciary duty.

a fiduciary duty.

Hermione and Marvin have a long standing relationship that they would prefer to maintain, even though they are currently divided over how best to resolve a dispute concerning a delivery of grain. To minimize the possibility that this dispute will undermine their relationship, Hermione and Marvin should probably hire the services of a negotiator a mediator an arbitrator an enforcer a finagler

a mediator

Carl files a suit against Dina, over a contract between them. Before the trial begins, Carl can obtain from Dina access to related documents in Dina's possession. accurate information about Dina's privileged material. an admission of the truth of matters not related to the trial. all of the above.

access to related documents in Dina's possession.

Livia files a suit against the city of Lizard Lick to block the enforcement of an ordinance that bans bias-motivated signs or stickers on motor vehicles as disorderly conduct. The court will most likely hold the ordinance to be necessary to avoid instigating incidents of road rage necessary to protect state and local interests and justified by the police power an unconstitutional restriction of speech a permissible restriction and constitutional under the First Amendment justified by the need to protect individual rights

an unconstitutional restriction of speech

Master Blasters, a manufacturer of fireworks, is charged with having manufactured products with gunpowder charges many times greater that that allowed by the regulations promulgated by the National Safety Agency. The administrative law judge orders Master Blasters to stop manufacturing its supercharged fireworks. Master Blasters may continue making its supercharged fireworks for local intrastate sale only appeal to a different, separate agency appeal to Congress, which created the agency appeal to the commission that governs the agency ignore the order if it is not ratified by Congress

appeal to the commission that governs the agency

n reviewing the actions of the Environmental Protection Agency and other agencies, the courts refuse to enforce the action unless it has been ratified or enable by Congress rarely defer to the technical expertise of administrative agencies are usually reluctant to review questions of fact often rule on the merits of policy determinations first assess whether the action constitutes an unwarranted intrusion upon commercial activities

are usually reluctant to review questions of fact

Mathias and Dunwitty sign a contract for the capture of possums for making possum tail soup and possum jerky. The contract contains a clause that provides if a dispute arises, they will submit the dispute to arbitration. They get into an argument over the age and size of the possums being delivered. Rather that submit to arbitration, Mathias files a suit against Dunwitty. Under normal circumstances, the court would refuse to hear the case on the basis that self-help is the sole remedy in such cases hear the suit and then compel Mathias to arbitrate hear the suit without compelling Mathias to arbitrate as Dinwitty had the choice to file suit or arbitrate compel Mathias to arbitrate order relief under summary judgment without hearing the suit or compelling Mathias to arbitrate

compel Mathias to arbitrate

A Metro City ordinance allows only a few street vendors to operate in certain areas, for the purpose of reducing traffic. A court would likely hold this ordinance to be constitutional under the equal protection clause. unconstitutional under the due process clause. unconstitutional under the equal protection clause. constitutional under the due process clause.

constitutional under the equal protection clause.

Josephus seeks information about Kim and other well-known businesspersons under the Freedom of Information Act. To obtain the information, Josephus must have a disinterested third party view the information and report observations. have Kim's and the others' permission. get a court order. describe the information. agree not to reveal any trade secrets.

describe the information.

Sam files a suit against Tina. If this suit is like most cases, it will be dismissed before the parties enter a courtroom. settled before the parties enter a courtroom. dismissed or settled before the parties enter a courtroom. resolved only after a trial.

dismissed or settled before the parties enter a courtroom.

The Constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that Congress authorizes expenditures of funds and the president balances the budget each branch of government has some power to limit the actions of the other branches each branch of government may exercise the authority of the other branches the president "checks" with the courts, which "balance" the effect of the laws none of the above

each branch of government has some power to limit the actions of the other branches

Global Buzzard Bait Corporation, like other businesses, has duties prescribed by a coin flip none of the above. ethics and the law. the law only. ethics only.

ethics and the law.

Panther Pass Powdered Brew Company distributes its merchandise on an interstate basis to local stores. Under the commerce clause, Congress has the power to regulate only activities that have nothing to do with commerce every commercial enterprise in the United States only commercial enterprises that are local only commercial enterprises that are totally interstate none of the above

every commercial enterprise in the United States

Mary Nell, a supervisor for Panther Pass Powdered Brew Co., attempts to apply the "Golden Rule" in her job. This rule permits one to respond in kind to those who engage in unethical behavior is the cornerstone of modern ethical study has been adopted by most religions encourages people to accumulate as much wealth as they can requires a balance of the cost-benefit analysis

has been adopted by most religions

Most administrative agencies, including the Food and Drug Administration, are usually created following by authority of the common law doctrine of respondeat superior by fiat or mandate from a court of competent jurisdiction the promulgation of a regulation by the appropriate administrative body the passage of enabling legislation by Congress the issuance of an executive order by the president

he passage of enabling legislation by Congress

The U.S. Bureau of Alcohol, Tobacco and Firearms conducts searches of certain businesses. This agency and other administrative agencies can conduct warrantless searches in newly regulated industries only. no industries. highly regulated industries. all industries.

highly regulated industries.

International Turtle Trap Manufacturing Corporation's side payments to government officials in exchange for favorable business contracts in foreign countries are considered, in the United States, illegal only. unethical only. illegal and unethical. none of the above. too close to call.

illegal and unethical.

Leo, a resident of Missouri, owns a warehouse in Nebraska. A dispute arises over the ownership of the warehouse with Opal, a resident of Kansas. Opal files a suit against Leo in Nebraska. Regarding this suit, Nebraska has diversity jurisdiction. in personam jurisdiction. in rem jurisdiction. no jurisdiction.

in rem jurisdiction.

Doug files a suit in Ohio against Beth over the ownership of a boat docked in Ohio. Doug and Beth are residents of New York. Beth could ask for a change of venue on the ground that New York has a sufficient stake in the matter. has jurisdiction. has sufficient minimum contacts with the parties. is a more convenient location to hold the trial.

is a more convenient location to hold the trial.

To assist in detecting illegal bribes, Eagles & Buzzards Expediters, Inc., and all U.S. companies, must conceal financial records that reveal past bribes. keep records that "accurately and fairly" reflect financial activities. make bribes through third parties rather than directly to officials. permit payments to foreign officials that are unlawful in that country. maximize profits however and whenever possible.

keep records that "accurately and fairly" reflect financial activities.

Generally, the courts accord commercial speech engaged in by Beta Company and other business entities less protection than noncommercial speech. more protection than noncommercial speech. no protection. the same protection as noncommercial speech.

less protection than noncommercial speech.

In business negotiations, Beth, the chief executive officer of Design Outhouses, Inc., follows "The Golden Rule," which mandates compassionate treatment of others in all situations. permits taking advantage of others in financial terms. requires an increase of business profits over a certain period. none of the foregoing encourages the accumulation of as much personal wealth as possible.

mandates compassionate treatment of others in all situations.

Bohemus files a suit against the government asking the court to strike down a law that conflicts with the Constitution. The court cannot rule on the law's constitutionality if it was passed by Congress only any state legislature only any state legislature or Congress none of the above

none of the above

The First Amendment protects Ira and other individuals who engage in speech that violates state criminal laws all of the time. none of the time. only if it is commercial speech. only if it is political speech. only if it is in a newspaper or other visual medium

none of the time.

Jan and Kyle sign a contract that provides if a dispute arises, they will submit to arbitration. A dispute arises, but before it goes to arbitration, Jan files a suit against Kyle. The court will likely hear the suit and then order the parties to arbitrate. hear the suit without ordering the parties to arbitrate. order relief without hearing the suit or compelling the parties to arbitrate. order the parties to arbitrate.

order the parties to arbitrate.

Mike, an advocate of a certain religion, publishes an article in New Times magazine insisting that Congress base all federal law on his religion's principles. The First Amendment guarantees Mike's freedom of religion only. speech only. the press only. religion, speech, and the press.

religion, speech, and the press.

Steve, the human resources director for Total Zero Corporation, attempts to comply with the law in dealing with applicants and employees. One of the challenges Steve faces is that the legality of an action is abstractly deducible usually clear. sometimes clear. never clear. always clear.

sometimes clear.

Rufus Gonzaga files a suit against the state of Texas claiming a Texas state law violates the commerce clause. The court will agree if the statute regulates private activities regulates activities within the state's borders regulates consensual private activities promotes the public order, health, safety, morals, or general welfare substantially burdens interstate commerce

substantially burdens interstate commerce

A law that limits the liberty of all persons to do something may violate equal protection. procedural due process. substantive due process. none of the above.

substantive due process.

To notify the public of a proposed rule, the Nuclear Regulatory Commission, like other federal agencies, publishes it in a nationally distributed newspaper. in a trade journal available to members of the industry. in the Federal Register. on a public television station.

the Federal Register.

The requirement that no person be deprived of "life, liberty, or property without due process of law" is found in the First Amendment only. the Fifth Amendment only. the Fourteenth Amendment only. the Fifth Amendment and the Fourteenth Amendment.

the Fifth Amendment and the Fourteenth Amendment.

The state legislature of Texas enacts a law that directly conflicts with a decision by a federal administrative agency on a matter that comes within the agency's jurisdiction. In this situation: both the decision and the law are invalid as they cancel out one another both the decision and the law apply concurrently the state law takes precedence the agency's decision takes precedence none of the above

the agency's decision takes precedence

Holly, a lawyer on the staff of International Roadkill Group, applies the utilitarian theory of ethics in business contexts. Utilitarianism focuses on moral values. religious beliefs. the consequences of an action. the nature of an action. none of the foregoing.

the consequences of an action.

Congress leaves it to the Bureau of Land Management (BLM) to oversee the promulgation of detailed regulations in areas under the BLM's jurisdiction. This is divine right. the delegation doctrine. gap-filling power. unconstitutional conduct.

the delegation doctrine.

If there is a direct conflict between a federal law and an Alaska state law Alaska's law takes precedence. both laws are invalid. both laws govern concurrently. the federal law takes precedence.

the federal law takes precedence.

The Lizard Lick Chamber of Commerce would like to see a law enacted to require cats to be on a leash and not allowed to run loose in the community. Under the Constitution making laws is the function of the executive branch of government the judicial branch of government the legislative branch of government none of the above

the legislative branch of government

The U.S. Fish and Wildlife Service utilizes notice-and-comment rulemaking. This involves a period during which judges, legislators, and the president are asked about a proposed rule. potential violators of a proposed rule are notified and publicized. the administrators "notice" a problem and "comment" on it. the public is asked to comment on a proposed rule.

the public is asked to comment on a proposed rule.

Jill lies to her family. According to legal and ethical principles, this is illegal. unethical. illegal and unethical. none of the above.

unethical