lgs 200: ch. 1-4 questions

The theory of moral minimum stresses making profit even while causing harm to others. True False

False

The​ _____ School of jurisprudence asserts that the law is an aggregate of social traditions and customs that have developed over the centuries. Analytical Command Natural Law Sociological Historical

Historical

__________ is a moral theory that asserts that fairness is the essence of justice. Kantian ethics moral relativism utilitarianism Rawls's social justice theory

Rawls's social justice theory

_____ law is law that an administrative agency enforces. Substantive Primary Procedural Equity Secondary

Substantive

Under ethical fundamentalism, a person looks to an outside source for ethical rules or commands. True False

True

The Securities and Exchange Commission (SEC), created by the Congress to enforce federal securities laws, is an example of a(n) ________. a. judicial body b. administrative agency c. intelligence agency d. congressional body

b. administrative agency

A summons is a court order directing the defendant to appear in court and answer a​ __________. counterclaim reply complaint permanent injunction temporary injunction

complaint

The United States District Courts are the federal court​ system's trial courts of​ _____ jurisdiction. general special appellate supreme review

general

Federal​ _____ cases are cases arising under the United States Constitution. question concurrent cooperative declarative summary judgment

question

Which of the following is NOT a form of alternative dispute resolution​ (ADR)? arbitration negotiation mediation virtual trial ​mini-trial

virtual trial

How many Circuit Courts are there in the federal court​ system? 13 50 3 12 48

13

A notice of appeal must be filed by a party within a prescribed period of​ time, usually within​ _____. 6 months or 1 year 1 or 3 weeks 60 or 90 days 24 hours 5 or 7 days

60 or 90 days

What is a​ retainer? - The hourly rate paid to a lawyer for their services. - A government appointed attorney for defendants who cannot otherwise afford one. - A private attorney hired by the defendant in a criminal case. - An arrangement where the lawyer receives a percentage of the amount recovered by winning or settling a case. - An amount deposited by the client before the lawyer​ proceeds, against which the​ lawyer's fees and other expenses are charged.

An amount deposited by the client before the lawyer​ proceeds, against which the​ lawyer's fees and other expenses are charged.

Which of the following is an INCORRECT statement regarding​ mediation? - Mediation is a form of negotiation in which a neutral third party assists the disputing parties in reaching a settlement of their dispute. - The mediator usually acts as an intermediary between the parties. - A​ mediator's role is to assist the parties in reaching a settlement. - A​ mediator's decision is binding and​ non-appealable. - The mediator is usually a person who is an expert in the area of the dispute or a lawyer or retired judge.

A​ mediator's decision is binding and​ non-appealable.

Which of the following approaches has been used to deal with the new digital and information technology​ environment? - Prosecutors deferred cases involving digital crimes. - Federal court cases involving new technology were put on hold until the U.S. Congress passed new laws. - Courts applied existing laws to the new digital and technological environment. - State court cases involving new technology were put on hold until the U.S. Congress passed new laws. - State governments must wait for the U.S. Congress to pass laws prior to states developing laws that reflect the digital age.

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

Which of the following is a correct statement regarding​ forum-selection? - Forum shopping is encouraged in state​ court, but not in federal court. - Courts generally frown upon forum shopping. - Forum shopping is encouraged in federal​ court, but not in state court. - Assuming that a party has standing to​ sue, he or she will be allowed to engage in forum shopping. - As a general​ rule, adults are allowed to engage in forum​ shopping, while minors are not.

Courts generally frown upon forum shopping.

Which of the following is NOT a major theory of business​ ethics? utilitarianism ethical relativism ethical fundamentalism Howley ethics ​Rawl's social justice theory

Howley ethics

Which of the following is NOT true about Kantian​ ethics? - Kantian ethics is also called duty ethics. - Immanuel Kant ​(1724-​1804) is the​ best-known proponent of Kantian ethics. - Kant believed that people owe moral duties that are based on universal rules. - A criticism of Kantian ethics is that it is difficult to reach consensus on what the universal rules should be. - Critics argue that Kantian ethics does not permit people to determine right and wrong for themselves.

Critics argue that Kantian ethics does not permit people to determine right and wrong for themselves.

Which of the following is NOT true about​ utilitarianism? - Critics argue that utilitarianism does not permit people to determine right and wrong for themselves. - Utilitarianism has been criticized because it is difficult to estimate the​ "good" that will result from different actions. - This moral theory dictates that people must choose the action or follow the rule that provides the greatest good to society. - Applying​ utilitarianism, if an action would increase the good of 25 people by 1 unit each and an alternative action would increase the good of 1 person by 26​ units, then the latter action should be taken. - Utilitarianism is a moral theory with origins in the works of Jeremy Bentham ​(1748-​1832) and John Stuart Mill ​(1806-​1873).

Critics argue that utilitarianism does not permit people to determine right and wrong for themselves.

Which of the following is a correct statement regarding an opening​ statement? - Defense counsel is allowed to give an opening​ statement, but the​ plaintiff's attorney is not. - The​ plaintiff's attorney is allowed to give an opening​ statement, but defense counsel is not. - After the​ defendant's presentation of​ evidence, each​ party's attorney is allowed to make an opening statement to the jury. - After the​ plaintiff's presentation of​ evidence, each​ party's attorney is allowed to make an opening statement to the jury. - Each​ party's attorney is allowed to make an opening statement to the jury at the beginning of trial.

Each​ party's attorney is allowed to make an opening statement to the jury at the beginning of trial.

The​ _____ system of law was the foundation from which American judges first developed a common law in the colonies. English Spanish French merchant equity

English

________ is a moral theory that holds that individuals must decide what is ethical based on their own feelings about what is right and wrong. Ethical relativism Kantian ethics Utilitarianism Rawls's social justice theory

Ethical relativism

________ is a set of moral principles or values that govern the conduct of an individual or a group. Rationality Evolution Ethics Reason

Ethics

In deciding the motion for judgment on the pleadings, the judge also considers facts outside the pleadings. True False

False

Which of the following is an INCORRECT statement regarding small claims​ courts? - ​Generally, the parties cannot have lawyers represent them. - Many states have created small claims courts to hear civil cases involving small dollar amounts. ​- Generally, the parties have lawyers represent them in small claims court. - The decisions of small claims courts are often appealable. - ​Generally, the parties must appear individually.

Generally, the parties have lawyers represent them in small claims court.

Which of the following is an INCORRECT statement regarding​ e-dispute resolution? - If a legal dispute is not settled using​ e-mediation, the parties may not pursue their case in the courts. - Online arbitration and mediation services fees are reasonable. - Online mediation is called​ e-mediation. - In an online​ arbitration, a settlement can be reached rather quickly. - The parties act through a more objective online process rather than meet​ face-to-face.

If a legal dispute is not settled using​ e-mediation, the parties may not pursue their case in the courts.

Which of the following is NOT true about contingency​ fees? - If the lawyer does not win or settle the case in the​ client's favor, the client must pay the​ attorney's hourly rate. - Expenses for expert witnesses and the like are deducted from the gross amount recovered. - Contingency fees normally range from 20 to 50 percent of the award or​ settlement, with the average being about 35 to 40 percent. - ​Contingency-fee arrangements are often used in automobile accident​ lawsuits, medical malpractice​ claims, product liability​ lawsuits, and other personal injury lawsuits. - Under a​ contingency-fee arrangement, the lawyer receives a percentage of the amount recovered by winning or settling a case.

If the lawyer does not win or settle the case in the​ client's favor, the client must pay the​ attorney's hourly rate.

Which of the following is an INCORRECT statement regarding​ e-dispute resolution? - Online mediation is called electronic mediation. - In​ e-dispute resolution, the parties may not be represented by attorneys. - Several websites offer online mediation. - Most online arbitration requires the registering party to submit an amount that the party is willing to accept or pay to the other party in the online arbitration. - Many alternative dispute resolution providers offer electronic arbitration services.

In​ e-dispute resolution, the parties may not be represented by attorneys.

The Class Action Fairness Act​ (CAFA) reduces abuses in class action lawsuits in all the following ways​ EXCEPT: - It permits courts to rule on the reasonableness of​ non-cash settlements. - It reduces the ability of plaintiffs to forum shop. - It permits courts to rule on the reasonableness of coupon settlements. - It gives plaintiffs the ability to choose a state or federal court to hear the case. - It permits courts to determine the reasonableness of​ attorney's fees.

It gives plaintiffs the ability to choose a state or federal court to hear the case.

Which of the following is an INCORRECT statement regarding concurrent​ jurisdiction? - If a case does not qualify to be brought in federal​ court, it must be brought in the appropriate state court. - State courts have concurrent jurisdiction with federal courts to hear cases involving diversity of citizenship and federal questions over which federal courts do not have exclusive jurisdiction. - If the plaintiff brings a case involving concurrent jurisdiction in state​ court, the defendant can either let the case be decided by the state court or remove the case to federal court. - It is also known as exclusive jurisdiction. - If a case involving concurrent jurisdiction is brought by a plaintiff in federal​ court, the case remains in federal court.

It is also known as exclusive jurisdiction.

​Linda's friend Jon is injured in an accident caused by Emily. Jon decides not to sue Emily. Which of the following is a correct statement regarding​ Linda's right to sue Emily for the​ accident? - Linda can bring her own cause of action against Emily for intentional infliction of emotional distress. - As​ Jon's friend, Linda can sue Emily on​ Jon's behalf. - Linda can bring her own cause of action against Emily for negligence. - Linda cannot sue Emily on​ Jon's behalf because she does not have standing to sue. - Linda can bring her own cause of action against Emily for negligent infliction of emotional distress.

Linda cannot sue Emily on​ Jon's behalf because she does not have standing to sue.

Approximately what percent of cases are settled before they go to​ trial? ​80% less than​ 10% More than​ 95% ​50% ​25%

More than​ 95%

Which of the following is NOT an accurate statement about public benefit​ corporations? - Benefit corporations are sometimes referred to as ​mission-driven businesses and social purpose corporations. - A benefit​ corporation's stated purpose is to create ​general-public benefits. This includes considering social issues and protecting the environment. - Unlike traditional​ corporations, where the shareholder is the main​ stakeholder, B corps by law allow directors and officers to consider other stakeholders in making corporate decisions. - Most states that have enacted legislation permitting specific public benefit purpose corporations prohibit them from considering shareholder interests that conflict with their specific public benefit purpose. - A benefit corporation is a​ for-profit corporation, but with missions additional to the pure profit motive.

Most states that have enacted legislation permitting specific public benefit purpose corporations prohibit them from considering shareholder interests that conflict with their specific public benefit purpose.

The U.S. Constitution is an example of which school of​ law? Natural Law School Command School Critical Legal Studies School Law and Economics School Sociological School

Natural Law School

Laws that make discrimination in employment illegal is an example of which school of​ law? Natural Law School Sociological School Law and Economics School Command School Critical Legal Studies School

Sociological School

Which of the following is an accurate statement regarding the functions of administrative​ agencies? - The Federal Communications Commission​ (FCC) regulates radio and television broadcasting. - The Uniform Communications Commission​ (UCC) regulates radio and television broadcasting. - The Federal Trade Commission​ (FTC) regulates the issuance and trading of securities. - The Federal Trade Commission​ (FTC) enforces federal tort law. - The Uniform Commerce Commission​ (UCC) enforces federal antitrust and consumer protection law.

The Federal Communications Commission​ (FCC) regulates radio and television broadcasting.

How does Brown v. Board of Education show the flexibility of the​ law? - State court cases involving education were put on hold until the U.S. Congress passed new laws. - Common law was used to overturn a law passed by the U.S. Congress. - The U.S. Supreme Court overturned a past decision of the Court. - The state court overturned a U.S. Supreme Court decision. - The U.S. Congress passed new laws requiring integration in public schools

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

​_____ provides that the U.S.​ President, with the advice and consent of​ two-thirds of the​ Senate, may enter into treaties with foreign governments. Executive order The United States Supreme Court Statutory law Common law The United States Constitution

The United States Constitution

What is a statute of​ limitations? - The period during which a plaintiff must bring a lawsuit against a defendant. - A limit to the number of times you can sue someone for the same crime. - The minimum dollar amount for which the plaintiff can choose to sue. - The maximum length of time a court case may last before reaching a default decision. - The maximum dollar amount for which the plaintiff can choose to sue.

The period during which a plaintiff must bring a lawsuit against a defendant.

General jurisdiction trial courts can be found in every state. True False

True

No new evidence or testimony is heard in the state supreme courts. True False

True

The Clean Water Act is an example of​ _____. a federal constitutional provision federal common law a federal statute state common law a state statute

a federal statute

What is a class action​ lawsuit? - a lawsuit with a class of defendants - a case that has reached the Supreme Court - an​ anti-discrimination case - a court case between two companies - a group of plaintiffs with common claims collectively bringing a lawsuit against a defendant

a group of plaintiffs with common claims collectively bringing a lawsuit against a defendant

Which of the following is true about a majority decision reached by the U.S. Supreme Court? a. A majority of the justices agree as to the outcome and reasoning used to decide a case. b. All the judges agree as to the outcome and reasoning used to decide a case. c. A majority of the judges agree as to the outcome but not the reasoning used to decide a case. d. An equal number of judges vote for and against the petitioner and case remains undecided.

a. A majority of the justices agree as to the outcome and reasoning used to decide a case.

Proponents of the Command School of jurisprudence will assert that the law is ________. a. developed, communicated, and enforced by the ruling party b. a means to achieve and advance sociological goals c. based on human reasoning, and humans' choosing power between what is good and evil d. a collection of a society's traditions and customs that has developed over the centuries

a. developed, communicated, and enforced by the ruling party

What would be an example of codified law in the United States? a. federal statutes b. executive orders c. treaties d. judicial rulings

a. federal statutes

In a civil case John Deer v. Jane Doe, the judge finds that the jury was swayed by the fact that Jane Doe was a woman when passing the verdict in her favor. Owing to this, the judge reduces the damages awarded to Jane by $20,000. This act is called ________. a. remittitur b. motion for judgment on the pleadings c. judgment notwithstanding the verdict d. motion for summary judgment

a. remittitur

What is considered as the supreme law of the land in the United States? a. the Constitution of the United States of America b. judicial decisions issued by the state courts c. executive orders passed by the President d. the federal statutes passed by the United States Congress

a. the Constitution of the United States of America

On​ appeal, the responding party is called the​ _____. ​cross-complainant ​counter-claimant appellee appellant petitioner

appellee

________ refers to jurisdiction to hear a case because of jurisdiction over the property of the lawsuit. a. In personam jurisdiction b. In rem jurisdiction c. Private jurisdiction d. Quasi in rem jurisdiction

b. In rem jurisdiction

Which of the following courts are considered as the federal court system's intermediate appellate courts? a. U.S. district courts b. U.S. courts of appeals c. U.S. Courts of Appeals for Veterans Claims d. U.S. courts of federal claims

b. U.S. courts of appeals

Law is described as ________. a. a study of fundamental problems, such as those connected with existence, knowledge and language b. a body of rules of action or conduct prescribed by controlling authority, and having binding legal force c. a group of hypotheses employed to explain a phenomenon d. a system that builds and organizes knowledge in the form of testable explanations and predictions

b. a body of rules of action or conduct prescribed by controlling authority, and having binding legal force

The statute of limitations establishes the period within which ________. a. a defendant must file a written answer against a plaintiff's complaint b. a plaintiff must bring a lawsuit against a defendant c. a motion for judgment on the pleadings can be made by either party d. a defendant can file a cross-complaint against the plaintiff

b. a plaintiff must bring a lawsuit against a defendant

A defendant who believes that he or she has been injured by the plaintiff can file a(n) ________ against the plaintiff. a. rebuttal b. cross-complaint c. injunction d. rejoinder

b. cross-complaint

Why does the U.S. Supreme​ Court, which is comprised of nine​ justices, often issue​ non-unanimous decisions? - because they use irrelevant information - because the justices do not get along - 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 - because each justice is required to apply a different precedent - because unanimous decisions are impossible

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 that is how they were taught because it is the easiest way to memorize law because it stimulates class discussions because state law requires it because federal law requires it

because it stimulates class discussions

Which of the following is NOT a function of​ law? shaping moral standards changing the status quo maximizing individual freedom keeping the peace facilitating planning

changing the status quo

Federal law prohibits employers from hiring certain illegal alien workers. Suppose an employer advertises the availability of a job and receives no response except from a person who cannot prove he or she is a citizen of this country and does not possess a required visa. The worker and his or her family are destitute. The employer believes she has an ethical obligation to hire the person. Determining whether the employer should violate the law and hire the person is an example of how law and ethics​ _____. conflict supplement each other intertwine are absolute standards collaborate

conflict

Under the​ _____ theory of social​ responsibility, corporations owe a duty to subsidize schools and help educate children. corporate dissolution maximize profits Friedman corporate citizenship moral minimum

corporate citizenship

Which of the following is NOT a recognized theory of the social responsibility of​ business? corporate dissolution moral minimum stakeholder interest corporate citizenship maximize profits

corporate dissolution

Legal cases are usually examined using the IRAC method because​ _____. - state law requires it - it is the easiest way to memorize law - federal law requires it - it provides a​ bright-line answer - critical thinking must be used in applying the law to the facts of the case.

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

After the defendant's attorney has finished calling witnesses, the plaintiff's attorney can call witnesses and put forth evidence to disprove the defendant's case. This is called a ________. a. rejoinder b. closing argument c. deliberation d. rebuttal

d. rebuttal

Virtual courthouses may also be referred to as​ _______. network courts digital courthouses computer courts electronic courts​ (e-courts) web courthouses

electronic courts​ (e-courts)

Which of the following is not an example of a specific public benefit purpose that a B corporation might consider when making corporate​ decisions? - contribute to charitable causes - purchase sustainably produced raw materials - ensure employment opportunities for children of the executives and board of directors - provide employment opportunities for released felons - reduce the​ company's carbon footprint

ensure employment opportunities for children of the executives and board of directors

The​ ________ court in a state court system hears appeals from intermediate appellate state courts and certain trial courts. medium lowest smallest highest shortest

highest

Federal and state laws make bribery unlawful. A person violates the law if he or she bribes a judge for a favorable decision in a case. Ethics would also prohibit this conduct. This is an example of how law and ethics​ _____. are mutually exclusive are conditional intertwine conflict are distinguishable

intertwine

English common law was developed by​ _____. the British prime minister the British legislature Parliament judges feudal lords

judges

According to English common​ law, the only relief available in​ _______________ was a monetary award for damages. law courts chancery courts equity courts merchant courts monetary court

law courts

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

maintaining the status quo

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

makes the law consistent across all jurisdictions

The pretrial litigation process does NOT include which of the following major​ phases? settlement conference pretrial motions pleadings opening arguments discovery

opening arguments

If a majority of United States Supreme Court Justices agree as to the outcome of a case but not as to the reasoning for reaching the​ outcome, it is​ a(n) _____ decision. appealable plurality majority unanimous tie

plurality

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

promoting social justice

Technology is being used in courts and legal proceedings in each of the following ways EXCEPT​ __________. replacing the jury with Artificial Intelligence​ (AI) telephone conferences with the judge or opposing counsel electronic filing of documents scanning of evidence for digital storage and retrieval ​e-mailing documents to the court

replacing the jury with Artificial Intelligence​ (AI)

The original plaintiff must file a​ _____ if the original defendant files a​ cross-complaint. dismissal with prejudice reply counterclaim dismissal without prejudice complaint

reply

What do pretrial motions generally seek to​ do? add additional defendants allow for more time to question witnesses get a new judge resolve or dispose of all or part of the lawsuit prior to trial get a new jury

resolve or dispose of all or part of the lawsuit prior to trial

Which of the following is NOT a function of the discovery​ process? promoting the settlement of cases saving court time preventing surprises preserving evidence selecting the jury

selecting the jury

Most state court systems include all of the following EXCEPT​ __________. ​- general-jurisdiction trial courts - highest state court - intermediate appellate courts ​- limited-jurisdiction trial courts - ​special-jurisdiction federal district courts

special-jurisdiction federal district courts

Adherence to past court decisions so that they become precedent for deciding future cases is known as​ __________. jurisdiction IRAC stare decisis codified law civil law

stare decisis

What does a motion for judgement on the pleadings​ allege? - that the amount of damages being sought is not reasonable - that the party making the motion would win the lawsuit assuming all facts presented in the pleadings are taken as true - that the case needs to be postponed - that the accused pleads guilty - that there are no factual disputes to be decided by a jury and that the judge can decide the case

that the party making the motion would win the lawsuit assuming all facts presented in the pleadings are taken as true

The principles enumerated in​ ___________ are extremely broad because the founding fathers intended them to be applied to evolving​ social, technological, and economic conditions. ordinances state statutes state statutes the United States Constitution federal statutes

the United States Constitution

Which of the following is NOT a factor in deciding whether to bring or settle a​ lawsuit? - ​lawyers' fees and other costs of litigation - the​ long-term effects on the relationship and reputation of the parties - the amount of money to be won or lost - the lack of a venue - the probability of winning or losing

the lack of a venue

Zippo Manufacturing Company sued Zippo Dot​ Com, Inc. in U.S. District Court for what kind of​ infringement? trademark brand patent copyright symbol

trademark

If all of the United States Supreme Court Justices voting agree as to the outcome and reasoning used to decide a​ case, it is​ a(n) _____ decision. appealable plurality unanimous majority remanded

unanimous

Pursuant to the​ _____ Amendment to the United States​ Constitution, a party to a​ _____ action at law is guaranteed the right to a jury trial in a case in federal court. ​Seventh; criminal ​Ninth; criminal ​Tenth; criminal ​Ninth; civil ​Seventh; civil

​Seventh; civil

Which of the following is NOT a method used in the discovery​ process? physical or mental examination production of documents ​cross-examination deposition interrogatories

​cross-examination

Section 406 of the​ Sarbanes-Oxley Act requires a​ _____ company to disclose whether it has adopted a code of ethics for its​ _____. ​public; rank-and-file employees ​private; senior financial officers closely​ held; rank-and-file employees ​public; senior financial officers closely​ held; senior financial officers

​public; senior financial officers

This content and assignments for textbook will help you develop the following career skills EXCEPT​ __________. ​real-world application of scientific theory analytical thinking skills knowledge application and analysis business ethics and social responsibility critical thinking skills

​real-world application of scientific theory