BUL3310 Unit 1
Components of Codes of Ethics often include ____ .(select all the answer options that are correct)
-Obey the law -Be honest and open -Treat people with respect
The triple bottom line model encourages corporations to consider the effect of their decisions on ____ . (select all the answer options that are correct)
-People -Profit -Planet
A system focusing on the outcome of a decision is ____ . (select all the answer options that are correct)
-Utilitarianism -Self-interest theory -Profit maximization theory
An important step in the application of the legal reasoning process is ____. (select all the answer options that are correct)
-Identifying the general area of the law -Determining the relevant facts -Deciding the specific legal rules applicable to the facts
Select all of the following types of laws that are examples of social regulation.
-Laws that forbid discrimination in employment based on an employee's race. -Laws that limit the amount of pollution that can be released into the air from a manufacturing facility. -Laws that require a list of ingredients be placed on jars of pre-made spaghetti sauce.
The federal government and state governments have separate and distinct powers. This arrangement constitutes an ______ separation of powers.
Vertical
The purpose of the doctrine of stare decisis is to give certainty and predictability to the law.
True
Consequential systems, focusing on the outcome of a decision are ____.(select all the answer options that are correct)
-Utilitarianism -Self-interest theory -Profit maximization theory
A claim of sexual harassment from a sales representative working for your firm creates a potential liability that has ramifications in terms of: (select all the answer options that are correct)
-lost time working on productive endeavors -emotional toll on other employees involved in the investigation -financial loss if the claim is proven true
A follower of utilitarianism must engage in ____ .
A cost benefit analysis
Ethical standards are frequently enacted into laws and cited in court decisions ____.
As a reflection of society's views of right and wrong
Religious beliefs ____ form the basis for the religious foundation theory of rights/duties ethical systems.
Common to many religions
The theory of constitutional interpretation that is willing to reject precedent in order to address current social forces and needs is called
Constitutional relativity
The trend is for more and more states to adopt uniform laws governing
Criminal law
Which of the following is not a category of private law? -Tort law -Property law -Contract law -Criminal law
Criminal law
The belief that the law reflects the biases of a ruling class is a foundation of the ____ school of legal thought.
Critical Legal Studies
Comments contained in judicial opinions that are not necessary to the decision of the case are called
Dicta
A follower of the self-interest theory will act in a "selfless" manner because____.
Doing so will benefit the individual making the decision
The common law system in the United States has its roots in
England
A syllogism offered by Maria at trial has a false minor premise. The conclusion drawn from these premises must be valid.
False
Codes of Ethical Conduct adopted by corporations and professional associations have the same legal status as ordinances.
False
Contract and tort law are examples of public law
False
Criminal law is a subset of private law.
False
Critical thinking does not require deliberation in analyzing a problem.
False
Deductive and analogical reasoning alone are sufficient to comprise legal reasoning.
False
Ethics concerns how one should behave based upon one's own concept of right and wrong.
False
If the laws of several jurisdictions are involved in a case, the doctrine of res judicata will determine which state law will apply.
False
In common law, deductive reasoning precedes crafting of rules of law.
False
In deductive reasoning, one draws a conclusion from a premise.
False
It is a violation of the separation of powers doctrine for State A to adopt a law identical to one adopted by State B.
False
Knowledge of the law allows one to identify legal risks and completely eliminate liability flowing from those risks.
False
Legal reasoning always yields a single, correct answer for any legal problem.
False
Legal reasoning has as its goal persuasion without critical analysis of legal questions.
False
Legal reasoning limits one's ability to see more than one side of a question.
False
Only decisions by the United States Supreme Court can have the status of res judicata.
False
State X requires that a party who wants to appeal the decision of a trial court file a notice of appeal within 30 days of the verdict. This is an example of a substantive state law.
False
The Uniform Commercial Code is an important federal statute regulating interstate commerce.
False
The laws in the U.S. do not provide a mechanism that would allow the intellectual property of a business to be license.
False
The separation of powers doctrine applies only to the federal government and not to state governments.
False
Utilitarianism teaches an action that brings the greatest happiness to the largest number of a select group of people is ethical.
False
The Executive, Legislative, and Judicial branches of the federal government each have their own unique duties and functions. This arrangement constitutes an__________separation of powers.
Horizontal
Anne, a resident of New York, is suing Bill, also a resident of New York, in a contract dispute that is governed by New York state law. This controversy would be classified as an ______ case.
Intrastate
Common law is also known as ______ law.
Judge-made
The power of the judicial branch to declare that laws are invalid because they violate the Constitution is known as____________________.
Judicial Review
Angela is a law student writing a law review article on the economic impact of certain white-collar crimes. She follows the ____ school of jurisprudence.
Law and Economics
One who is concerned with the impact of economics on the law likely is a follower of the ____ school of jurisprudence.
Law and Economics
A civil law system is based on ______ and a common law system is based on ______.
Legislative codes....judicial decisions
The Supreme Court case that created the doctrine of judicial review is
Marbury v. Madison
The doctrine of judicial review was first articulated in
Marbury v. Madison
Prof. Johnson is a law professor who teaches the existence of a higher authority than the state binding human behavior. She is an adherent of the ____ school of jurisprudence.
Natural Law
Prof. Johnson is a law professor who teaches the existence of a moral authority that is more important than mere legal rules. Prof. Johnson is an adherent of ____ school of jurisprudence.
Natural Law
The City of Sunnydale enacted a law limiting to 4 the number of unrelated individuals who can live together in a house or apartment. This city law has the status of an____________.
Ordinance
Sen. Harris, addressing Senators on the subject of protests against surveillance laws, insists these laws be obeyed as written. Sen. Harris is a ____ school adherent.
Positive Law
________________is the theory of jurisprudence that believes that the law is simply the command of a government and that there is no necessary moral component to it.
Positive Law
A state Statute of Limitations which requires that suits for breach of contract be filed within 2 years of the date of breach are examples of ______ laws.
Procedural
A state statute requiring that medical malpractice suits be initiated within 3 years of the injury is an example of a(n) ______ law.
Procedural
Bill sued Ted for libel over statements Ted published in the company newsletter. A jury heard the case and found that no libel had occurred because the statements were true. Bill is very unhappy with this decision, but cannot sue Ted again over these statements because of the doctrine of
Res judicata
The important common law doctrine that means "to stand by the decision" is
Stare decisis
Assume that the Vermont legislature passed a bill prohibiting the sale within the state of detergents containing certain chemicals harmful to the environment. Assume further that the governor signed the bill into law. This law has the status of a(n) ______ .
Statute
Legislation passed by Congress and signed into law by the President is classified as a(n) ______ _
Statute
A federal law requires that employers with 15 or more employees take steps to "reasonably accommodate" the religious needs and practices of their employees. A law, such as this one, that gives rights and imposes duties is an example of an ______ law.
Substantive
Crimes such as selling or possessing certain drugs or possessing certain weapons are malum prohibitum crimes because
Such crimes are designated as criminal by societyx
Which of the following statements about the Uniform Commercial Code UCC is correct?
The UCC consists of identical statutes enacted by the states to provide businesses with consistent and predictable laws.
Utility maximization may require considerations of ____ .
The impact of a decision on relationships and health
Rights/duties ethical systems are not concerned with ____ .
The result of a decision or course of action
A basic principle of statutory interpretation is that specific provisions in the statute are of greater weight than general provisions.
True
A license of intellectual property is a contract which allows one firm to use the intellectual property of another in return for payment.
True
A syllogism is the style of argument used in deductive reasoning.
True
A system of ethics based upon rights and duties seeks to align ethical standards with moral absolutes.
True
An individual's best argument may be fashioned by the application of legal reasoning.
True
Analogical reasoning relies inferences drawn from previous similar situations.
True
Codes of Ethical Conduct adopted by businesses and professions often provide for sanctions against individuals who violate the code.
True
Comments made by the court that are not necessary to decide the issue at hand are called dicta.
True
Corporations may consider the legal, ethical and philanthropic effects of corporate decisions.
True
Deductive reasoning is but one component of legal reasoning.
True
Deontological ethics refers to ethical systems based on rights and duties.
True
Ethics involves determining how one should act based on a group's determination of right and wrong.
True
In deciding a case, a court will not use common law if there is a statute that applies to the dispute.
True
In deciding a case, statutory law always supersedes common law.
True
Judicial review is the power of the courts to declare laws unconstitutional.
True
Jurisprudence involves the study of the law as a philosophical system.
True
Legal realism holds the law is what judges rule it to be.
True
Malum per se criminal conduct is also repugnant to strongly held moral beliefs.
True
Many areas of law important to businesses are governed by the Uniform Commercial Code.
True
Many economists believe personal interest is a basis for a well-functioning economy.
True
Principles of legal reasoning may successfully be applied to solving certain problems related to business strategies.
True
Systems of ethics, which focus on outcomes to determine the ethics of an act, are also called consequential systems.
True
The body of law that will be used to determine which state's law will apply in a multi-state transaction is conflict of laws.
True
The city of Delmar passed a law requiring that restaurants and taverns stop serving alcohol to patrons at 1 a.m. This law is an example of an ordinance.
True
The conclusion follows from the relationship between the major and minor premises.
True
The law in many European countries is based on codified statutes, not case precedents. Such law is classified as a civil system.
True
Tort law is a subset of private law that seeks to compensate the injured party for the loss caused by the actions of another.
True
Use of analogical reasoning involves the comparison of the facts of the current case with the facts in previously decided cases.
True
The Internal Revenue Service IRS wants to fine Mike for violating a section of the Tax Code. Mike believes that the IRS is misinterpreting the Code and that he has violated no laws. The Code section is complex and its application is not clear. Using standard rules of statutory interpretation, the court that hears this case will
construe the punishment provision of the statute strictly in favor of Mike.
Deductive reasoning does not allow one to
draw conclusions from similar cased decided in the past
Courts often use transcripts of the legislative hearings and debates that preceded a law's passage to determine the purpose and reach of a law. This background is called a law's legislative ______ .
history
____is the theory of jurisprudence which holds the decisions of those charged with administering the law, such as judges and juries, determines what the law is.
legal realism
____is the theory of jurisprudence which believes there are higher legal and moral authorities than the State and laws should reflect them.
natural law
Rules of the court room are classified as
procedural law
Stare decisis translates as
stand by the decision