BUAD 322 ch 1, 2, 3
According to _____, people owe moral duties that are based on universal rules.
Kantian ethics
15. To bring a lawsuit, a plaintiff must have _____ to sue.
standing
5. Which of the following are categories of courts that established English common law?
law, equity, and merchant
This content and assignments for textbook will help you develop the following career skills EXCEPT __________.
real-world application of scientific theory
17. There are _____ circuits in the federal court system.
13
5. How many Circuit Courts are there in the federal court system?
13
5. According to the video, the vote count of the Justices regarding the legality of the federal subsidies' component of the Affordable Care Act was ________. The High Court cited a desire to uphold _______ intent.
6-3 in favor of the federal subsidies component of the Affordable Care Act; legislative
12. There are _____ U.S. District Courts.
94
________ is a for-profit corporation, but with missions additional to the pure profit motive.
A benefit corporation
Which of the following is NOT true about Rawls' social justice theory?
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 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 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
10. _____ law is enacted by governments that regulate industries and business and professionals.
Administrative
2. _________________ is law enacted by governments that regulates industries and businesses and professionals.
Administrative Law
4. According to the video, "Obamacare" is also known as the ____ and has been challenged twice in the ________ , specifically, before the highest court in the country, the ___________________.
Affordable Care Act (ACA); federal court system; Supreme Court of the United States
Which of the following is an INCORRECT statement regarding law and ethics?
Businesses organized in the United States are not subject to the laws of other countries in which they operate.
Public benefit corporations, also known as ______________, are created with the primary mission of generating _______________.
B Corporations; general-public benefits
29. ________ courts were allowed to give equitable remedies under the English common law.
Chancery
Under English common law, persons who believed that the decision of a law court was unfair or believed that the law court could not grant an appropriate remedy could seek relief in .
Chancery (equity) courts
28. 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, or 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.
11. Which of the following is a correct statement regarding forum-selection?
Courts generally frown upon forum shopping.
22. 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
16. _____ 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
Which of the following is NOT true about Kantian ethics?
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.
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
21. Which of the following statements is true about the early development of English common law?
Equitable orders and remedies of the Court of Chancery took precedence over the legal decisions and remedies of the law courts.
_______________ is a theory of ethics that says a person looks to an outside source for ethical rules or commands.
Ethical fundamentalism
______________ is a moral theory stating that individuals must decide what is ethical based on their own feelings about what is right and wrong.
Ethical relativism
_____ holds that individuals must decide what is ethical based on their own feelings about what is right and wrong.
Ethical relativism
__________ is/are a set of moral principles or values that governs the conduct of an individual or group.
Ethics
The _____ School of jurisprudence asserts that the law is an aggregate of social traditions and customs that have developed over the centuries.
Historical
20. When legal scholars look to past legal decisions (precedent) to solve contemporary problems, it is an example of which school of jurisprudence?
Historical School
Which of the following is NOT a major theory of business ethics?
Howley ethics
9. Which of the following is an INCORRECT statement regarding concurrent jurisdiction?
It is also known as exclusive jurisdiction.
3. According to the video, the current Chief Justice of the U.S. Supreme Court is _____, who in the subject Supreme Court ruling decided _____ Obamacare.
John Roberts; in favor of
Which of the following is an INCORRECT statement regarding Kantian ethics?
Kant believed that people owe moral duties that are based on conditional rules.
Question Number 5) Xo is an Asian-American male. Suppose that after viewing Pepsico's Mountain Dew advertisement, Xo determines that the advertisement is unethical. He bases his opinion on the fact that as an Asian-American, he would prefer that Asian-Americans not be depicted in a criminal "line-up" like African-Americans were in the advertisement. Xo's determination that the advertisement is unethical is based on which major theory of ethics?
Kantian ethics
You have entered into a contract with a business partner. Ultimately, it turns out that the contract will cause your own business to lose money. According to _____________, it would be your moral duty to abide by the contract you entered even though it will be detrimental to you.
Kantian ethics
_____ is also called duty ethics.
Kantian ethics
_______________ is a moral theory stating that people owe moral duties that are based on universal rules, such as the categorical imperative, "Do unto others as you would have them do unto you."
Kantian ethics (duty ethics)
25. _____ is a body of rules of action or conduct prescribed by controlling authority and having binding legal force.
Law
_____________ is that which must be obeyed and followed by citizens, subject to sanctions or legal consequences; a body of rules of action or conduct prescribed by controlling authority and having binding legal force.
Law
19. 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
9. The _____ School of jurisprudence believes that promoting market efficiency should be the central goal of legal decision making.
Law and Economics
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
10. 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 cannot sue Emily on Jon's behalf because she does not have standing to sue.
_______________ is a theory of social responsibility stating that a corporation owes a duty to take actions that maximize profits for stakeholders.
Maximizing profits
As trade developed during the Middle Ages, which courts were established to administer rules to solve commercial disputes?
Merchant courts
_______________ is a theory of social responsibility stating that a corporation's duty is to make a profit while avoiding causing harm to others.
Moral minimum
Which of the following is NOT an accurate statement about public benefit corporations?
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.
7. The _____ School of jurisprudence asserts that the law should be based on morality and ethics.
Natural Law
The U.S. Constitution is an example of which school of law?
Natural Law School
32. A person in Oklahoma uses the website of an Internet seller located in Tennessee; the user can sue the Internet seller in ______________________.
Oklahoma under its long-arm statute
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
24. _____ administrative law establishes the procedures that must be followed by an administrative agency while enforcing substantive laws.
Procedural
3. You are the head of the Federal Communications Committee (FCC), the federal agency that regulates interstate and international communications by radio, television, wire, satellite, and cable. In the course of regulating interstate and international communications, your agency must follow certain procedures. _______________ is law that establishes the procedures the FCC must follow in the course of performing its regulatory duties.
Procedural Administrative Law
Question Number 2) Suppose that The Coca-Cola Company is running a commercial of similar content at the same time the controversy over the Pepsico advertisement depicted in the video arises. In response to public pressure to "pull" the advertisement, Pepisco agrees to do so on the condition that the Coca-Cola Company respond in kind by pulling its commercial as well. In proposing this arrangement, Pepsico is following which major theory of ethics?
Rawl's social justice theory
You live in a society in which the moral principles for the entire society were chosen by a group of people under a "veil of ignorance"; that is, when they chose the moral principles that would guide the society, they did not know what their station would be in that society, so, as a group, they chose the fairest possible principles. This society would be a living example of _________________.
Rawls's social justice theory
_____________ is a moral theory asserting that fairness is the essence of justice. This theory says that each person is presumed to have entered into a social contract with all others in a society to obey moral rules that are necessary for people to live in peace and harmony.
Rawls's social justice theory
The ________ prompts companies to encourage senior officers of public companies to act ethically in their dealings with shareholders, employees, and other constituents.
Sarbanes-Oxley Act of 2002
_______________ is a section of the Sarbanes-Oxley Act that requires a public company to disclose whether it has adopted a code of ethics for senior financial officers.
Section 406
MacGregor's Saddle Corporation owns a factory that dumps thousand of gallons of hazardous waste into a river near a town called Heartlake. The waste has a negative effect on the homeowners, farmers, and others who use the river's waters in Heartlake. ____________ requires MacGregor's Saddle Corporation to consider the consequences that dumping this hazardous waste will have on the people of Heartlake in addition to the bottom line.
Social responsibility
Which of the following is NOT true about the social responsibility of business?
Social responsibility requires that business decisions be based solely on a cost-benefit analysis and how they affect the bottom line.
18. 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
15. _____ means "to stand by the decision."
Stare decisis
14. _____ law is law that an administrative agency enforces.
Substantive
8. _____ administrative law is law that an administrative agency enforces
Substantive
24. __________________ is law that an administrative agency enforces—federal statutes enacted by Congress or state statutes enacted by state legislatures.
Substantive administrative law
You and your classmates are discussing your philosophies about how the law developed. One of your classmates refers to the fact that during World War II 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
13. Which of the following is an accurate statement regarding the functions of administrative agencies?
The Federal Communications Commission (FCC) regulates radio and television broadcasting.
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
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
In which government body is the number of representatives 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.
_____ 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 United States Constitution
3. _____ the supreme law of the United States.
The United States Constitution is
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
Which branch of the federal government has the power to make (enact) the law?
The legislative branch (Congress)
6. Which of the following refers to the federal court system's trial courts of general jurisdiction that decides cases not within the jurisdiction of specialized federal courts?
U.S. District Courts
Which of the following is an INCORRECT statement regarding ethical fundamentalism?
Under ethical fundamentalism, the people must choose the action or follow the rule that provides the greatest good to society.
Which of the following is an INCORRECT statement regarding Rawls's social justice theory?
Under this theory, free enterprise is considered the essence of justice.
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
You are the owner of a steam-engine manufacturing company. In recent years, the market for your product has declined, and you must close one of your plants. It is now time to decide whether you should close a plant that has been unprofitable and is located in a small community. ________________ would require you to weigh the benefits to the shareholders from closing the plant against the benefits to the employees, their families, and the community from keeping it open.
Utilitarianism
_____ dictates that people must choose the action or follow the rule that provides the greatest good to society.
Utilitarianism
_____ is a moral theory with origins in the works of Jeremy Bentham and John Stuart Mill.
Utilitarianism
Which of the following is an INCORRECT statement regarding utilitarianism?
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.
11. Which of the following is NOT a relevant question according to the IRAC method of critical legal thinking?
Which executive nominated the judge presiding over the case?
Question Number 4) According to the video, _____ bans feeding homeless people.
a city ordinance
Section 406 of the Sarbanes-Oxley Act requires a public company to disclose whether it has adopted ___________ for senior financial officers.
a code of ethics
1. In the federal court system's trial courts of general jurisdiction, what is the geographical area served by each court called?
a district
7. A defendant is sued by a plaintiff for engaging in insider trading, in violation of the Securities Exchange Act of 1934, which is a federal statute. This scenario refers to which kind of case?
a federal question case
The Clean Water Act is an example of _____.
a federal statute
14. You're following the proceedings of the latest supreme court case. This time, all nine justices hear a case and five of them agree that the petitioner wins. All of these five justices agree that it's because the Equal Protection Clause of the U.S. Constitution was violated. What kind of decision have the justices come to?
a majority decision
11. Which of the following correctly defines a petition for certiorari?
a petition asking the Supreme Court to hear a case
15. Your Business Law professor is giving a lecture about a former Supreme Court Case. In this case, all nine justices heard a case and five of them agreed that the petitioner won. However, three based their vote on a violation of the Equal Protection Clause and two based their vote on a violation of the Due Process Clause of the U.S. Constitution. What kind of decision did the justices come to?
a plurality decision
22. Which type of state court system hears appeals from intermediate appellate state courts and certain trial courts?
a state supreme court
9. One of your friends tells you a story about a day when one of the Supreme Court justices was ill and couldn't hear a case. Because of this, only eight justices heard the case. The petitioner had already won her case at the U.S. court of appeals. Four justices voted for the petitioner, and four justices voted for the respondent. What kind of decision did the justices come to?
a tie decision
A compact made between two or more nations is called .
a treaty
20. You're observing a Supreme Court case. All nine justices hear the case, and all nine agree that the petitioner wins because the Equal Protection Clause of the U.S. Constitution had been violated. What kind of decision have the justices come to?
a unanimous decision
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
13. You're observing a case in a state court system. You watch while they review the trial court record to determine whether there have been any errors at trial that would require reversal or modification of the trial court's decision. No new evidence or testimony is permitted. Which state court system are you observing?
an intermediate appellate court
21. Which of the following is NOT a court in the state court system?
appellate courts of the military services
17. Which of the following is an example of the Socratic method of teaching?
asking students questions about a case or legal issue
9. Quasi in rem jurisdiction is also known as _____ jurisdiction.
attachment
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
7. What does the highest state court system hear appeals from?
both intermediate appellate state courts and certain trial courts
ch 1 dynamic study module
ch 1 dynamic study module
ch 1 quiz
ch 1 quiz
ch 1 video assignment
ch 1 video assignment
ch 1 warm up
ch 1 warm up
30. When pretrial publicity may prejudice jurors, a _________________may be requested.
change of venue
Which of the following is NOT a function of law?
changing the status quo
4. A is a contract provision that designates a certain state's law or country's law that will be applied in any dispute concerning nonperformance of the contract.
choice-of-law clause
10. 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
11. State courts have _____ jurisdiction with federal courts to hear cases involving diversity of citizenship and federal questions over which federal courts do not have exclusive jurisdiction.
concurrent
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
The universal rules of Kantian ethics are based on which of the following two important principles?
consistency and reversibility
Sliced Bread Inc. is a corporation based in the United States of America. To improve the society in which it exists, Sliced Bread Inc. pays its fair share of taxes and directs other funds to subsidize schools and help educate children. The actions that Sliced Bread Inc. is taking are an example of the _____________ theory.
corporate citizenship
The _____ theory of social responsibility argues that business has a responsibility to improve society and help solve social problems.
corporate citizenship
Under the _____ theory of social responsibility, corporations owe a duty to subsidize schools and help educate children.
corporate citizenship
Which of the following is NOT a recognized theory of the social responsibility of business?
corporate dissolution
A B corporation's stated purpose is to ________.
create general-public benefits
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.
18. _____ of citizenship occurs if a lawsuit involves citizens of different states, or a citizen of a state and a citizen or subject of a foreign country.
diversity
18. Harry, a resident of the state of Massachusetts, is driving his automobile in New York when he negligently hits an automobile driven by Hermione, a resident of the state of California. Mary is injured in the accident. Which of the following terms apply to this scenario?
diversity of citizenship
16. Appeals are usually heard by a three-judge panel. After a decision is rendered by the three-judge panel, a petitioner can request a(n) by the full appeals court.
en banc review
The executive branch of the government has the power to .
enforce the law
Which of the following is not an example of a specific public benefit purpose that a B corporation might consider when making corporate decisions?
ensure employment opportunities for children of the executives and board of directors
24. Which of the following is NOT a primary function of law in the United States?
establishing uniform principles of individual morality
If a person looks to Karl Marx for ethical rules or commands, this is an example of _____.
ethical fundamentalism
If a person looks to the Bible or Koran for ethical rules or commands, this is an example of _____.
ethical fundamentalism
Question Number 1) Suppose that to determine whether Pepsico's Mountain Dew advertisement was ethical or unethical, a person looked to the teachings of Dr. Martin Luther King, Jr. This would be an application of which major theory of ethics?
ethical fundamentalism
Under _____, a person looks to an outside source for ethical rules or commands.
ethical fundamentalism
You are the owner of a small business called Top n' Shop. As a business owner, you believe that it is best to look to outside sources for ethical rules or commands and solve your ethical conundrums by looking to the Bible for rules and commands to follow. Your ethical philosophy is best described as _______________.
ethical fundamentalism
Question Number 3) Suppose that despite the controversy surrounding the advertisement, its director, "Tyler, The Creator" (his stage name as an actor, producer, and comedian; his actual name is Tyler Gregory Okonma), an African-American, continues to believe that the advertisement is not inappropriate. He bases his opinion on how he interprets the advertisement, and not what others think. Such a view would be based on which major theory of ethics?
ethical relativism
The CEO of a multinational corporation that produces mouthwash is asked about his philosophies in an interview and states that in his personal and business life, he makes decisions of an ethical nature based on his own opinions of what is right and wrong. The CEO's philosophy can best be described as ___________.
ethical relativism
Federal and state laws prohibit murdering another person. If a person murders another person, then he is violating federal and state laws, and ethics would also prohibit murdering another person. The intertwined nature of ______________ is/are represented by this scenario.
ethics and the law
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
12. A long-arm statute does which of the following?
extends a state's jurisdiction to nonresidents who were not served a summons within the state
2. Laws that are enacted only after considerable study, debate, and public input are an example of which function of the law?
facilitating orderly change
23. 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
5. A contract provision that designates a certain court to hear any dispute concerning nonperformance of the
forum-selection clause
22. Under the _____ Clause of the United States Constitution, a judgment of a court of one state must be recognized by the courts of another state.
full faith and credit
27. The U.S. District Courts are the federal court system's trial courts of _____ jurisdiction.
general
3. The U.S. District Courts are the federal court system's trial courts of _____ jurisdiction.
general
4. The United States District Courts are the federal court system's trial courts of _____ jurisdiction.
general
3. The ________ court in a state court system hears appeals from intermediate appellate state courts and certain trial courts.
highest
4. A court's jurisdiction over a person is called _____ jurisdiction.
in personam
25. _____ jurisdiction means "jurisdiction over the thing."
in rem
20. State limited-jurisdiction trial courts are sometimes referred to as _____ trial courts.
inferior
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 _____.
intertwine
Ethics and the law are _____.
intertwined
The steps of the IRAC method are:
issue, rule, application, and conclusion.
Question Number 1) According to the video, what punishment by the government does Arnold Abbott face for violating the Fort Lauderdale ordinance by feeding the homeless?
jail time
13. Administrative law _____ preside over administrative proceedings.
judges
English common law was developed by _____.
judges
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
12. Laws that make certain activities crimes are an example of which function of the law?
keeping the peace
Question Number 2) The Fort Lauderdale city ordinance referenced in the video, which bans the feeding of homeless people in order to keep them from overrunning parks and beaches, most closely fulfills which function of law referenced in the textbook?
keeping the peace
According to English common law, the only relief available in _______________ was a monetary award for damages.
law courts
Question Number 3) According to the textbook, _____ consists of rules that regulate the conduct of individuals, businesses, and other organizations in society. In the video, particular citizens chose to follow their own senses of ____ rather than the _____ in aiding the homeless.
law; morality; law
23. A couple decides to get a divorce. Which state court system would most likely hear the couple's case?
limited-jurisdiction trial court
13. The United States has addressed the environment that resulted from the information age in all of the following ways EXCEPT __________.
limiting the use of digital technologies by the government
31. A(n) _____ statute extends a state's jurisdiction to nonresidents who were not served a summons within the state.
long-arm
Some laws prevent the forceful overthrow of the government. These laws promote which of the following primary functions of law?
maintaining the status quo
1. According to the video, the vote count of the Justices regarding the legality of the federal subsidies' component of the Affordable Care Act was ________. The High Court cited a desire to uphold _______ intent.
majority
19. If five United States Supreme Court Justices agree as to the outcome and reasoning used to decide a case, it is a _______ decision.
majority
The doctrine of stare decisis does all of the following EXCEPT ____________.
makes the law consistent across all jurisdictions
What is the traditional view of the social responsibility of business?
maximize profits
As a business owner, you believe that your highest responsibility is to gain as much profit as possible. You also believe that the interests of the other constituencies of your business, including the employees and community residents, are not important in and of themselves. Your business subscribes to the ______________ theory of social responsibility.
maximizing profits
8. The United States' law evolves and changes along with all of the following EXCEPT __________.
misuses and oversights of our legal system
Occupational safety laws that establish minimum safety standards for protecting employees from injuries in the workplace are an example of ________.
moral minimum
So long as business avoids or corrects the social injury it causes, it has met its duty of social responsibility in relation to the __________ theory.
moral minimum
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
You are the owner of an oil company that was responsible for an oil tanker crossing the ocean toward the Gulf of Mexico. The ship ran aground and spilled 90 million gallons of oil, causing damage to at least 40 miles of the coastline. Your company financed the spill cleanup efforts and compensated those who were injured by the oil spill. Under the theory of ___________, your company has met its duty of social responsibility.
moral minimum
2. According to the textbook, the United States Supreme Court is composed of _____ justices who are nominated by the _____ and confirmed by the _____.
nine; president; Senate
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
27. A(n) _____ is a law enacted by local government bodies, such as cities and municipalities, counties, school districts, and water districts.
ordinance
16. If five 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 _____ decision.
plurality
6. 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.
plurality
Some laws prohibit discrimination in employment. These laws promote which of the following primary functions of law?
promoting social justice
4. 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
8. Federal _____ cases are cases arising under the United States Constitution.
question
17. The process of serving a summons on a defendant to obtain personal jurisdiction over him or her is called .
service of process
28. Many states have created _____ claims courts to hear cases involving small dollar amounts, such as $5,000 or less.
small
19. Your neighbor is suing the city over some misplaced trash bins. He's hoping to settle for $1,000. Which state court system would likely handle your neighbor's case?
small claims court
Which of the following is NOT a recognized theory of the social responsibility of business?
societal harmony
2. A party who disputes the jurisdiction of a court can make a _____ appearance in that court to argue against imposition of jurisdiction. Service of process _____ permitted during such an appearance.
special; is not
A corporation called JamPants Inc. overextended its business and must now close one of the plants where its product is manufactured. The leadership has settled on the smallest and least-profitable plant, which is located near the town of Atwood. Under the _____________ theory, the leadership of JamPants Inc. must consider the effects that closing the plant will have on the current employees and local community, as well as shareholder interests.
stakeholder interest
Adherence to past court decisions so that they become precedent for deciding future cases is known as __________.
stare decisis
6. The Texas Natural Resources Code is an example of a(n) _____.
state statute
26. A(n) _____ is a 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
23. Administrative law is a combination of _____ and _____ law.
substantive; procedural
1. The highest court in a state court system is usually referred to as the state _____ court.
supreme
26. Which of the following is NOT a recognized method of service of process?
symbolic
25. You and your client decide that her case is eligible and should be heard by the U.S. Supreme Court. You receive a writ of certiorari. What does this document mean?
that the Supreme Court has decided to review your client's case
The name of the U.S. Senate and the U.S. House of Representatives jointly is .
the U.S. Congress
10. The Patent and Trademark Office has made a decision about the legality of a newly invented hoverboard. However, some are beginning to question this decision. In which federal court system would the Patent and Trademark Office's decision be reviewed?
the U.S. Court of Appeals for the Federal Circuit
The principles enumerated in ___________ are extremely broad because the founding fathers intended them to be applied to evolving social, technological, and economic conditions.
the United States Constitution
29. What is the legal effect of a tie vote at the United States Supreme Court level?
the lower court decision is affirmed, and the vote is not precedent for later cases
21. A rule that requires the votes of four justices to grant an appeal and schedule an oral argument before the U.S. Supreme Court is called .
the rule of four
5. What is the dollar-amount limit on federal question cases that can be brought in federal court?
there is no dollar-amount limit
14. 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 manner
1. 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
6. What is the function of an intermediate appellate court?
to review the trial court record for errors
12. Zippo Manufacturing Company sued Zippo Dot Com, Inc. in U.S. District Court for what kind of infringement?
trademark
14. If all of the United States Supreme Court Justices agree as to the outcome and reasoning used to decide a case, it is a _____ decision.
unanimous
7. 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.
unanimous
Question Number 4) Suppose that after viewing Pepsico's Mountain Dew advertisement, a person determines that the greatest good to society would result from Pepsico never airing the advertisement again. The person has applied which major theory of ethics?
utiliarianism
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
8. A concept that requires lawsuits to be heard by the court with jurisdiction that is nearest the location in which the incident occurred or where the parties reside is called .
venue
2. Which of the following is an INCORRECT statement regarding small claims courts?
Generally, the parties have lawyers represent them in small claims court.
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
Section 406 of the Sarbanes-Oxley Act requires a _____ company to disclose whether it has adopted a code of ethics for its _____.
public; senior financial officers
1. Most state court systems include all of the following EXCEPT __________.
special-jurisdiction federal district courts
