Business Law

B. The Primary Federal Trial Court

A United States district court is: a. a small claims court only. b. the primary federal trial court. c. none of these answers. d. a criminal court only.

Federal Question

A case in which the claim is based on the united states constitution, a federal statute, or a federal treaty.

C. Judicial Review

All of the following are key powers associated with the position of President EXCEPT: a. appointment. b. legislation. c. judicial review. d. foreign policy.

B. Occupational Safety and Health Act

Because it sets safety standards for many industries, the most important statute regulating the workplace is the: a. Workplace Rules and Regulations Statute. b. Occupational Safety and Health Act. c. Workplace Safety Act. d. Federal Safety and Health Standards Act.

D. Ben's act was unethical and illegal

Ben discovered his company's accountant was "skimming" money from the business. The accountant agreed to pay Ben a one-time payment of $25,000 not to report the skimming to company officials. The accountant promised she would pay the money back when she could. Ben accepted the money and never reported what he knew. A year later the accountant was fired when the embezzlement was discovered. She was also prosecuted for theft. The payment to Ben was never discovered. Which statement is correct? a. Ben's act was ethical since he believed the accountant would return the money; however, it was illegal. b. Ben's act was unethical but not necessarily illegal. c. Based on the facts, Ben's conduct was both ethical and legal given the special circumstances of this case. d. Ben's act was unethical and illegal.

B. A case can be settled at any time

Betty was injured when she fell in a hole while walking across her landlord's parking lot. She and her lawyer hope they can settle the claim. Which of the following statements about settlements is correct? a. A case can be settled provided the jury has not heard any testimony. b. A case can be settled at any time c. A case can be settled provided that discovery has not commenced. d. A case can be settled provided it has not been filed with the court.

C. All of these Answers

Blankenship, Inc. is considering relocating its manufacturing facility from Arizona to Texas. The stakeholders in this decision might include: a. The Arizona community in which Blankship operates. b. Blankenship's customers. c. All of these answers. d. Blankenship's shareholders.

Void

Congress passed a law imposing penalties for displaying "indecent" material online where children could see it. If the U.S. Supreme Court subsequently rules that the statute conflicts with the First Amendment of the U.S. Constitution, the statute is what?

tithing

Contemporary law's principle of collective responsibility, such as all partners being personally responsible for the debts of the partnership, had its roots in what?

Default Judgement

Edward sued Jen for injuries received in a traffic accident. If Jen does not respond to the complaint and summons served by Edward within the prescribed time limits, Edward may obtain a what?

D. Exclusionary Rule

Illegally obtained evidence is not permitted to be used at a criminal trial based upon the: a. Fourth Amendment. b. Eighth Amendment. c. silver plate doctrine. d. exclusionary rule

D. Congress may regulate McDonald's farming activity because it has a substantial economic effect on interstate commerce

McDonald raised 80 acres of corn, most of which he used to feed his own cattle. He locally sold what he did not use. Based on the Supreme Court's ruling in Wickard v. Filburn: a. Congress has no authority over McDonald's activity based on the negative aspect of the Commerce Clause. b. only McDonald's local government can regulate his farming activity. c. only McDonald's state and local governments can regulate his farming activity. d. Congress may regulate McDonald's farming activity because it has a substantial economic effect on interstate commerce.

C. All of these answers

Nevada passed a law banning all commercial billboards along state highways to rid the state highways of billboards that are offensive to citizens. If this law were to be challenged, which of the following would a court examine to determine if the law is constitutional? a. It would have to be established that the law furthers an interest of the state of Nevada to create a more aesthetically pleasing environment. b. It would have to be shown that the law reaches no further than necessary to promote the state goal. c. All of these answers. d. It would have to be shown that the law directly and materially advances the state's goal of a more aesthetically pleasing environment.

Reply

an answer to a counter-claim

B. Judicial activism

The Supreme Court's approach during the period from the 1950s through the 1970s in deciding cases on constitutional grounds is described as: a. judicial restraint. b. judicial activism. c. congressional restraint. d. judicial review.

C. certain rights to abortion

The Supreme Court's ruling of Roe v. Wade established: a. the right to vote regardless of race or gender. b. the right to health care. c. certain rights to abortion. d. certain gay rights.

Mediation

The fastest growing method of dispute resolution in the United States is what?

A. embezzlement

The fraudulent conversion of property which is already in the defendant's possession is: a. embezzlement. b. trespassing. c. money laundering. d. exclusion.

True

The gradual shift from an agricultural economy to an industrial economy played a major role in shaping U.S. law in the 19th century. True or False?

Milton Friedman

The idea that corporations have two primary responsibilities - to comply with the law and to make as much money as possible - can be attributed to who?

Stakeholder Model

The idea that corporations should take care of more than shareholders alone is called what?

Natural Law

The idea that law must have a moral basis is founded on what principle?

C. Texas v. Johnson

The issue of the constitutional protections afforded flag burning was addressed in: a. Palmore v. Sidoti. b. United States v. Lopez. c. Texas v. Johnson. d. Marbury v. Madison.

C. Sex

The last protected trait added by Congressman Smith of Virginia to the bill that became Title VII of the Civil Rights Act of 1964 was: a. sexual orientation. b. citizenship. c. sex. d. race.

England

The law of which country provided the roots for U.S. law?

B. Committees

The majority of work done by legislative bodies is performed in: a. courts. b. committees. c. clubs. d. None of these answers.

C. appellate courts generally accept the factual findings of the trial court

The most accurate statement regarding appellate courts is: a. only the federal court system has appellate courts. b. appellate courts hear only criminal cases. c. appellate courts generally accept the factual findings of the trial court. d. appellate courts often hear new evidence and testimony.

Defendant

The party being sued

Plaintiff

The party who is suing

Jurisprudence

The philosophy or study of law

C. to be a tool against organized crime

The primary purpose of RICO was: a. to prosecute illegal aliens. b. to prosecute those engaged in tax fraud. c. to be a tool against organized crime. d. to be a tool against street crime.

D. Commerce Clause

The primary source of federal power to regulate business is the: a. Supremacy Clause. b. Contract Clause. c. Privilege and Immunities Clause. d. Commerce Clause.

C. the dormant aspect of the Commerce Clause

The states have a severely restricted power to enact laws that affect interstate commerce. This concept is called: a. the Supremacy Clause. b. constitutional hierarchy. c. the dormant aspect of the Commerce Clause. d. the undue burden concept.

Modify

to affirm the outcome but with changes.

Affirm

to allow the decision to stand.

Cross- Examine

to ask questions of an opposing witness.

Reverse and Remand

to nullify the lower decision and return the case for reconsideration or retrial.

Reverse

to turn the loser into the winner.

Direct Examination

when a lawyer asks questions of her own witness

Briefs

written arguments on the case

Precedent

the tendency to decide current cases based on previous rulings

Diversity Jurisdiction

1. the plaintiff and defendant are citizens of different states and 2 the amount in dispute exceeds $75,000

C. complaint, answer, trial, discovery, verdict

A civil case generally proceeds as follows: a. discovery, complaint, answer, trial, verdict. b. answer, complaint, discovery, trial, verdict. c. complaint, answer, discovery, trial, verdict. d. complaint, answer, trial, discovery, verdict.

A. The Full House

A congressman introduces a bill in the House of Representatives. If the bill is approved by the House committee specializing in that subject, the bill will go to: a. the full House. b. a Conference Committee made up of representatives of both the House and Senate. c. the Senate. d. the voters of the congressman's state for approval.

B. Potentially, any one of these

A crime is a violation of ________ law. a. statutory b. Potentially, any one of these. c. common d. federal

A. a jury trial, but only if the charge could result in a sentence of six months or longer

A criminal defendant has a right to: a. a jury trial, but only if the charge could result in a sentence of six months or longer. b. None of these answers. c. a jury trial no matter what. d. a jury trial, but only if the charge could result in a sentence of three months or longer.

Default Jugement

A decision that the plaintiff wins without a trial because the defendant failed to answer in time.

B. the length and place of possible imprisonment

A felony is distinguished from a misdemeanor based upon: a. the rules of evidence. b. the length and place of possible imprisonment. c. the burden of proof. d. the type of negligence involved.

B. is achieved by informal deliberations

A jury decision in a civil case: a. depends on whether or not the parties have agreed to have their case decided by less than a unanimous verdict. b. is achieved by informal deliberations. c. must be reached on the same day the case is heard. d. must always be unanimous.

Statute

A law created by a governing body

C. All of these Answers

A manager making a decision that goes against common morals and values can result in: a. reduced profits. b. reduced job stability. c. All of these answers. d. reduced productivity.

D. the length and place of possible imprisonment

A misdemeanor is distinguished from a felony based upon: a. the burden of proof. b. the type of negligence involved. c. the rules of evidence. d. the length and place of possible imprisonment.

B. Intermediate scrutiny

A woman wishes to attend an all-male, publicly supported college. She claims the college is violating the Equal Protection Clause of the Constitution. What level of scrutiny will the court use when deciding this case? a. Compelling interest scrutiny. b. Intermediate scrutiny. c. Minimal scrutiny. d. Mild scrutiny.

A. Maximizes overall happiness and minimizes overall pain

According to John Stuart Mill, a correct decision is one that: a. Maximizes overall happiness and minimizes overall pain. b. Maximizes overall efficiency and minimizes overall waste. c. Maximizes overall waste and minimizes overall efficiency. d. Maximizes overall pain and minimizes overall happiness.

D. the results of a decisions are much more important than the reason the decision was made

According to deontological ethics: a. maximizing happiness is the most important goal. b. the ends justify the means. c. All of these answers. d. the results of a decision are much more important than the reason the decision was made.

B. All of these Answers

Advantages of Alternative Dispute Resolution (ADR) include: a. ADR is less expensive than litigation. b. All of these answers. c. ADR keeps the parties talking rather than fighting. d. ADR is faster than litigation.

C. Interrogatories

After answering a summons and complaint, Watson received a set of written questions from the plaintiff's attorney. He was directed to respond to the questions in writing under oath. This discovery technique is called: a. an interview. b. a request for evidence. c. interrogatories. d. a request for the production of documents.

Directed Verdict

After the plaintiff has presented her case, the defendant may be granted a: a. JNOV b. judgment on the pleadings. c. summary judgment. d. directed verdict.

The District Attorney's case was a criminal case; Edith's lawsuit was a civil case

Alan raped Edith in the parking lot of Joe's Brew Pub. The District Attorney's office prosecuted Alan on rape charges. Subsequently, Edith filed a lawsuit against Alan for money damages. Classify each legal action.

A. is a federal question case over which the federal courts have jurisdiction

An inmate in a state prison claims his United States constitutional rights prohibiting cruel and unusual punishment are being violated by the state correctional facility. This case: a. is a federal question case over which the federal courts have jurisdiction. b. may not be decided by a federal court since it involves a state facility. c. cannot be heard, as prisoners lose all of their rights in prison. d. must be decided by the prison administration.

B. 25 million

Approximately how much merchandise is stolen from United States retail stores every year? a. $10 million b. $25 million c. $3 million d. $7 million

A. was fined a total of $62 million for both criminal violations

British Petroleum, found guilty of two serious environmental violations as discussed in the textbook: a. was fined a total of $62 million for both criminal violations. b. received no fines because a corporation cannot be fined without hurting innocent shareholders. c. was fined a total of $9 million for both criminal violations. d. was fined $11 million for each of the criminal violations.

C. limited the federal government's power

By creating three independent and equal branches of the federal government, the U.S. Constitution: a. None of these answers. b. removed all power from the federal government. c. limited the federal government's power. d. gave complete power to the President.

D. federal investigators might be convinced to limit any prosecution to those directly involved rather than attempting to get a conviction against high-ranking officers or against the company itself

Choctor Corp. started a compliance program to prevent and detect criminal conduct within the company and had specific, high-level officers in charge of overseeing the program. The company effectively communicated the program to its employees and monitored those employees who were in a position to cheat. It promptly disciplined anyone who broke the law. One effect of having this program is: a. the Federal Sentencing Guidelines no longer apply. b. any cases would be prosecuted in state, rather than federal, court. c. federal investigators would no longer investigate the company since Choctor could take care of any problems internally. d. federal investigators might be convinced to limit any prosecution to those directly involved rather than attempting to get a conviction against high-ranking officers or against the company itself.

True

Common law refers to a law made when judges decide cases and then follow those decisions in later cases. True or False?

C. Dawson and Morgan retain the right to a class action

Dawson and Morgan decide to have their dispute arbitrated by Juarez. Which of the following will NOT be a result of the arbitration? a. Dawson and Morgan give up the right to discovery. b. Juarez need not give reasons for the decision. c. Dawson and Morgan retain the right to a class action. d. Juarez will render a binding decision.

C. All of these

Discovery comes in many forms, including: a. physical and mental examinations. b. interrogatories. c. All of these answers. d. depositions.

A. Although there is no guarantee that ethical behavior pays in the short or long run, there is evidence that the ethical company is more likely to win financially

Does ethical behavior maximize profitability? a. Although there is no guarantee that ethical behavior pays in the short or long run, there is evidence that the ethical company is more likely to win financially. b. No, there is no study that shows ethical companies outperform unethical ones. c. There is strong evidence that ethical behavior pays financially in the short run, but not in the long run. d. Yes, is has been proven that ethical behavior maximizes profitability.

c. Both tend to earn higher returns than companies that engage in unethical behavior, and tend to have more creative employees than companies that engage in unethical behavior

Ethical companies: a. are guaranteed to be more profitable in the long run than companies that engage in unethical behavior. b. tend to have more creative employees than companies that engage in unethical behavior. c. Both tend to earn higher returns than companies that engage in unethical behavior, and tend to have more creative employees than companies that engage in unethical behavior. d. tend to earn higher returns than companies that engage in unethical behavior.

Right and Wrong

Ethics is the study of what?

b. drive

Fundamental rights include all EXCEPT the right to: a. travel. b. drive. c. vote. d. free speech.

A. acts of obscenity

Generally, constitutional protections do NOT apply to: a. acts of obscenity. b. acts of state government. c. acts of the federal government. d. acts of administrative agencies.

Legal Positivism

Henry David Thoreau felt that war was unjust and therefore refused to pay his taxes when the United States declared war on Mexico. If Henry David Thoreau's neighbor agreed that war was unjust but paid his taxes because the law required him to pay the tax, the neighbor would be applying the theory of?

Natural Law

Henry David Thoreau felt that war was unjust and therefore refused to pay his taxes when the United States declared war on Mexico. Thoreau felt that there was a higher law than the law of the land. Which theory was he applying?

Ethics

How people ought to act.

True

If Celia hit ruth in a bar and Ruth sues for her injuries this would be an example of a civil lawsuit. True or False?

C. Stare Decisis

If in 1900 the Nebraskan Supreme Court ruled that a minor can void a contract at any time during minority and in 2008 the courts in Minnesota still follow this ruling, this is an example of: a. the Good Samaritan rule. b. criminal law. c. stare decisis. d. enabling legislation.

A. Becomes Law

If the President vetoes a bill and if both the House and Senate repass the bill by a two-thirds margin, the bill: a. becomes law. b. stays vetoed. c. is void. d. goes back to the President for reconsideration.

D. Supremacy Clause

If there is a conflict between a state and federal law, generally the federal law will prevail because of the: a. Federal Order. b. stare decisis doctrine. c. Interstate Commerce Clause. d. Supremacy Clause.

A. probable cause hearing, search, arrest, indictment, arraignment, plea bargain, and trial

Important steps in the criminal process, in the proper order, include: a. probable cause hearing, search, arrest, indictment, arraignment, plea bargain, and trial. b. indictment, arrest, probable cause hearing, plea bargain, arraignment, trial, and appeal. c. arrest, probable cause hearing, motion to suppress, booking, and trial. d. arraignment, booking, bail hearing, trial, and grand jury indictment.

Utilitarianism

In 1863, John Stuart Mill wrote what?

Stare Decisis

In 1992, the North Carolina Supreme Court ruled in a case entitled Goodman v. Wenco Foods, Inc., that when a substance in food causes injury to a consumer of the food, it is not a bar to recovery against the seller that the substance was natural to the food. If, in a 2008 case involving a consumer's injury caused by a fish bone in a bowl of fish chowder, the court followed the decision in Goodman v. Wenco Foods, Inc., the court's action in the second case is an example of:

Precedent

In 1994, the Arizona Supreme Court decided the case of Hernandez v. Arizona Board of Regents and found a duty of care to avoid providing alcohol to underage consumers. If in 2008 a Flagstaff, Arizona plaintiff brings a lawsuit against an Arizona University's fraternity for providing alcohol to members under the legal drinking age, the Hernandez v. Arizona Board of Regents case will be considered:

A Treaty

In 1998, the President of the United States and other world leaders signed an agreement on global warming called the Kyoto Protocol. Subsequently, the Senate was asked to ratify the agreement. The Kyoto Protocol is:

D. Paula Jones did not demonstrate the essential elements for her claim

In Jones v. Clintonzz, the court held: a. public policy required that the case be dismissed because of the President's governmental position. b. President Clinton failed to comply with an executive order. c. Paula Jones was entitled to an appeal. d. Paula Jones did not demonstrate the essential elements for her claim.

C. None of these answers

In the Truth in Borrowing Ethics Case, Harold inflates the numbers on his loan request. Which is a justifiable reason for his action? a. Everybody engages in this behavior, so the bank expects it. b. He knows he can pay the money back on time with interest. c. None of these answers. d. He'll lose his business if he doesn't get the loan, which would hurt his employees and his family.

D. State court in Idaho

Jackie, a resident of Oregon, was involved in an auto accident while in Idaho. The other party lives in Wyoming. Jackie wishes to recover the $28,000 cost to repair her car. The most appropriate court for her to file her lawsuit is in a: a. federal court in Wyoming. b. federal court in Idaho. c. state court in Oregon. d. state court in Idaho.

B. Jamie's conduct was unethical

Jamie decided he did not want the new jeans he had purchased from a large discount department store. He had worn them three times and decided he just did not like them. The jeans fit him fine and there is nothing wrong with them. He takes the jeans back to the store and, as is its policy, the store gave him a full refund of his money. Which statement is correct? a. Jamie's conduct was neither unethical nor ethical, as the store had a legal obligation to return his money. b. Jamie's conduct was unethical. c. Jamie's conduct was ethical since the store has a legal duty to return his money when he returned the jeans. d. Jamie's conduct was not unethical since the store's policy of giving full cash funds applied.

B. Jamie's conduct was unethical

Jamie pays for his burger and fries with a $10 bill, but the cashier thinks it was a $20 and gives him too much cash back in change. Jamie pockets the money and leaves the restaurant. Which statement best describes Jamie's conduct? a. Jamie's conduct was unethical, but it's okay because the restaurant won't miss the extra money. b. Jamie's conduct was unethical. c. None of these answers. d. Jamie's conduct was ethical because the cashier made a mistake.

B. Either he may file the lawsuit in an Arizona state court, or he may file the lawsuit in a federal district court in Arizona

Jimmy fell and injured himself in a Super Toy Shop. Super Toy Shop is incorporated in Delaware. Jimmy is a resident of Nevada but was injured in a Super Toy Shop located in Arizona. Super Toy does not do business in Nevada. Jimmy's damages exceed $100,000. If Jimmy decides to sue Super Toy Shop: a. He must file the lawsuit in a federal district court because the federal courts would have diversity jurisdiction in this case b. either he may file the lawsuit in an Arizona state court, or he may file the lawsuit in a federal district court in Arizona. c. he may file the lawsuit in a federal district court in Arizona d. he may file the lawsuit in an Arizona state court.

B. an in camera inspection

Judge Hancock was asked to decide if a plaintiff could see the interrogatories procured by the defendant. The judge viewed the documents alone and decided that they should be made available to the plaintiff. The judge made: a. a request for admission. b. an in camera inspection. c. a request to produce documents. d. a motion to compel answers to interviews.

Common Law

Judge made law

D. review state and federal legislative and executive action

Judicial review can best be described as the power of federal courts to: a. None of these answers. b. review state executive orders. c. review state court precedent. d. review state and federal legislative and executive action.

B. Void

Judicial review is the power of the federal courts to declare a statute or governmental action: a. protected. b. void. c. wrong. d. immoral.

c. the court's power to hear a case

Jurisdiction is: a. a federal court concept. b. applicable only to appeals courts. c. the court's power to hear a case. d. the study of law.

B. acted properly in this case

Kira, an employee of Amex Corporation, committed a serious criminal act in an attempt to obtain a large sales order for her employer. A court found her guilty of the felony and also found the corporation guilty of criminal conduct. The company was fined $1 million. The court: a. acted properly if this were a state proceeding but not if this were a federal case. b. acted properly in this case. c. erred in fining the company since finding both Kira and the corporation guilty violates the Double Jeopardy Clause of the Constitution. d. acted properly if this were a federal proceeding; however, it did not act properly if this were a state proceeding.

D. Has no legal duty to try to rescue the driver

Marcus lifts weights and is very strong. One afternoon he witnesses a car accident in which the driver is trapped inside the car. Generally, Marcus: a. has a legal duty to try to rescue the driver, but only if his efforts will not pose a threat to his own safety. b. has a legal duty to try to rescue the driver since he probably has the strength and ability to do so. c. has a legal duty to try to rescue the driver. d. has no legal duty to try to rescue the driver.

C. Mark can be prosecuted by the state for a criminal offense and Tim may sue him for money damages

Mark assaulted Tim in a tavern, causing medical expenses and lost wages. As a result: a. If Jim refuses to press charges against Mark, the state cannot initiate a criminal proceeding against him. b. Tim can elect to sue for money damages or proceed with criminal charges. c. Mark can be prosecuted by the state for a criminal offense and Tim may sue him for money damages. d. If Mark is convicted of criminal assault, Tim is not allowed to sue him for money damages since that would violate the double jeopardy clause of the Constitution.

D. has no legal duty to rescue the man

Monique is a strong swimmer. One afternoon she is having a picnic at a lake and sees a man she does not know drowning. Generally, Monique: a. has a legal duty to try to rescue the man, but only if her efforts will not pose a threat to her own safety. b. has a legal duty to try to rescue the man since, as a strong swimmer, she is treated as a "special class" of persons who must get involved in such situations. c. has a legal duty to try to rescue the man. d. has no legal duty to try to rescue the man

Congress or State Legislature

Most criminal laws are statutes passed by who?

False

Preventing sexual harassment is an example of a legal situation found in the workplace. True or False?

D. Install the system because it maximizes overall happiness for the greatest number of people

Pat is the manager of a manufacturing plant on the outskirts of Smallville, a town of about 10,000 people. The plant employs about 300 people, most of whom live in Smallville with their families. Pat is considering installing a new air filtration system that will dramatically reduce the amount of pollution produced by the plant. However, the cost of the system is so high that Pat won't be able to give any of the employees an annual salary increase. Following utilitarian ethics, what will Pat decide to do? a. Compromise by finding a less expensive air filtration system. b. Install the system because it's required by law. c. Install the system because it's the right thing to do. d. Install the system because it maximizes overall happiness for the greatest number of people

A. Procedural due process

Plum was entering the United States from a trip abroad when the Customs Service confiscated some goods she had purchased and brought back with her. The determination of whether the government is attempting to take property and what type of hearing the Customs Service must offer Plum, is an analysis of: a. procedural due process. b. the Takings Clause. c. eminent domain. d. substantive due process.

A. has a duty to exercise reasonable care to protect foreseeable victims of Alice's violence

Psychologist Shein is working with a patient, Alice, who has expressed the intention to seriously harm two of her acquaintances. If you apply the principle set forth by the Supreme Court of California in the Tarasoff v. Regents of the University of California case, Psychologist Shein: a. has a duty to exercise reasonable care to protect foreseeable victims of Alice's violence. b. is in a special relationship with patients, and this relationship creates a privilege of confidentiality between the communicants. c. has, because of the bystander rule, no duty to warn the foreseeable victims about Alice's expressed intention to harm them. d. will be held to a strict duty of care and will be held liable for any victim's injuries if Shein failed to warn a them of Alice's potential violence toward them.

D. None of these answers

Raina is an undercover police officer. One evening she is posing as a prostitute in a bar. Harold, a salesman who is attending an out-of-state convention, begins talking with Raina. After about ten minutes, Raina suggests going to her room for a good time but points out he will need to "donate" $100 to her. Arriving at Raina's hotel room, Harold asks if she is a policewoman. Raina lies and says she is not. When Harold gives her $100, Raina shows him her identification and arrests him. Which of the following is correct? a. Harold appears to have been the victim of entrapment since Raina lied about being a police officer. b. Harold appears to have been the victim of entrapment since Raina was the one who suggested the activity that resulted in Harold's arrest. c. Both (A) and (B). d. None of these answers.

Civil Law

Regulates the rights and duties between parties

Profitability

Research has shown that the least important motivation for managers who behave ethically is what?

A. Larceny

Roger stole a stereo from an electronics store. What crime has Roger committed? a. Larceny. b. Assault. c. Fraud. d. Negligence.

C. All of these Answers

Rutgo, Inc. has established an EthicsLine. EthicsLine is a toll-free phone number that employees can call any time of the day, any day of the week to discuss ethics and report suspected unethical or improper conduct. Why would Rutgo establish the EthicsLine? a. Unethical behavior can destroy a business. b. Ethical behavior increases job stability. c. All of these answers. d. Ethical behavior improves productivity.

C. The First

Samson was arrested for wearing a t-shirt, during the Vietnam War, that said, "F*** the draft," a protest against involuntary induction into the military. His action is protected under which amendment? a. None b. The Second. c. The First. d. The Third.

D. Sara has engaged in unethical behavior

Sara is running for political office. She trails the incumbent and decides to start running a series of "attack ads." The attack ads are very effective and one week before the election it appears that she has drawn even with her opponent. Sara admits that the attack ads were exaggerations and contained some distortions. Which statement is correct? a. It is not possible to determine whether Sara's attack ads were ethical or unethical. b. Sara has engaged in ethical behavior since she has an obligation to her supporters to run a campaign that will help her get elected. c. Assuming Sara's attack ads were unethical, her conduct is justified and proper if she to gets elected. d. Sara has engaged in unethical behavior.

C. Shana may search the passenger compartment of the car and any place else in the car, including the trunk, without Liam's consent

Shana, a police officer, stops Liam's car for a traffic offense. While talking to Liam, she shines a flashlight into the passenger compartment of Liam's car and sees evidence of drug paraphernalia. Which statement is correct? a. Shana may not search the passenger compartment of the car (nor any place else) without Liam's consent or a search warrant. However, she can require Liam to remain parked until the search warrant is brought to her. b. Under the above circumstances, Shana can write Liam a traffic citation but cannot search the vehicle. c. Shana may search the passenger compartment of the car and any place else in the car, including the trunk, without Liam's consent. d. Shana may search the passenger compartment of the car without Liam's consent; however, she may not search the trunk of the car without his consent or without a search warrant.

B. Strict Scrutiny

Smalltown, located in a border state, seemed to favor Caucasians over Latinos in their hiring practices. The courts will review the practice using: a. maximum scrutiny. b. strict scrutiny. c. the Supremacy Clause. d. minimal scrutiny.

B. courts

Statutory law is to legislative bodies as common law is to: a. precedent. b. courts. c. the United States. d. executive orders.

D. there are no essential facts in dispute

Summary judgment is appropriate when: a. there are relevant facts in dispute. b. there is a hung jury. c. discovery is completed. d. there are no essential facts in dispute.

D. are void because they violate a person's right to freedom of speech

Talia and her friends burn an American flag as an act of political protest. Talia is arrested for violating a state law that prohibits flag burning. The Supreme Court has ruled that laws making it illegal to burn an American flag: a. are valid. b. are void because a state court has no power to prosecute a person for burning the federal flag. c. are void because they deny a person due process rights. d. are void because they violate a person's right to freedom of speech.

A. Supremacy Clause

That the Constitution, and federal statutes and treaties, shall be the supreme law of the land is guaranteed by the: a. Supremacy Clause. b. Equal Protection Clause. c. Commerce Clause. d. Due Process Clause.

C. is also known as the "negative" aspect

The "dormant" aspect of the Commerce Clause: a. guarantees that the states have the power, even if unused, to impose regulations affecting interstate commerce. b. means that there are many unused powers still available to the government to regulate trade between the states. c. is also known as the "negative" aspect. d. guarantees that Congress has powers that have not yet been revealed.

B. differentiates on the basis of race

The 14th Amendment's Equal Protection Clause "strict scrutiny" test will be used when the legislation: a. affects an person's income. b. differentiates on the basis of race. c. affects a person's right to drive. d. affects a person's right to vote.

A Statute

The Arizona legislature passed a law requiring that employers allow each employee reasonable time within each four consecutive hours of work to use the nearest convenient restroom. This law is?

D. the first ten amendments to the Constitution

The Bill of Rights refers to: a. the inalienable rights found at the beginning of the Constitution. b. a specific listing of individual rights found in the original text of the Constitution. c. the rights outlined in the Preamble. d. the first ten amendments to the Constitution.

C. All of these answers

The Chief Executive Officer of Rutcor, Inc. must decide about the disposal of toxic waste materials. Which of the following considerations should help the CEO reach an ethical business decision? a. The impact on the business if the decision is publicly disclosed through the news media. b. The harm the disposal could cause to the environment. c. All of these answers. d. Toxic waste disposal law.

C. All of these answers

The Constitution is considered to be the greatest legal document ever written because no other has: a. lasted so long. b. withstood such challenge. c. All of these answers. d. governed so many.

A. statute

The Federal Trade Commission promulgated Telemarketing Sales Rules regulating the activities of telemarketers. One of the rules prohibits telemarketers from calling a person's residence at any time other than between 8:00 a.m. and 9:00 p.m. This legislative rule has the effect of a: a. statute. b. suggestion. c. bill. d. None of these answers.

B. Self Incrimination

The Miranda warning insures that the criminal suspects understand their constitutional rights relating to: a. double jeopardy. b. self incrimination. c. search and seizure. d. res judicata.

B. give law enforcement officials greater power to investigate and prevent potential terrorist assaults

The Patriot Act is a statute designed to a. allow the government to punish members of the military for war crimes. b. give law enforcement officials greater power to investigate and prevent potential terrorist assaults. c. encourage American citizens to spy on their neighbors and report suspicious behavior. d. prevent American citizens from forming their own militias or other military organizations.

D. All of these answers

The U.S. Supreme Court was asked to decide whether same-sex sexual harassment is a violation of Title VII of the Civil Rights Act. This law forbids discrimination in employment on the basis of sex. In interpreting statutes, the court may use which of the following? a. Legislative history. b. Public policy. c. The plain meaning rule. d. All of these answers.

C. differed from the holding in Griggs v. Duke Power Co. partly because the Court was more conservative at the time Wards Cove was decided

The U.S. Supreme Court's holding in Wards Cove Packing Co. v. Atonio: a. upheld the ruling in Griggs v. Duke Power Co. b. found that overt racial discrimination existed. c. differed from the holding in Griggs v. Duke Power Co. partly because the Court was more conservative at the time Wards Cove was decided. d. set forth a "business necessity" requirement for employment hiring practices.

True

The United States Supreme Court has the power to void laws and declare act of congress unconstitutional. True or False?

B. An Adversary System

The United States has taken a position that legal issues are best resolved by lawsuits involving parties with conflicting interests presenting their strongest possible case to a neutral factfinder. Because of this, the legal system in the United States is considered: a. an alternative dispute resolution system. b. an adversary system. c. a mediation system. d. a factfinding system.

B. Limitations on federal power

The United States v. Lopez case demonstrates which of the following? a. Limitations on executive power. b. Limitations on federal power. c. Gun ownership can never be regulated. d. The extensive power of the states to regulate interstate commerce.

D. an explosive rise of electronic discovery

The biggest change in litigation in the last decade is: a. the replacement of informal interviews with depositions. b. the use of juries in criminal courts. c. a decrease in the use of electronics. d. an explosive rise of electronic discovery.

C. beyond a reasonable doubt

The burden of proof required in a criminal case is: a. clear and convincing. b. highest degree of honesty. c. beyond a reasonable doubt. d. a preponderance.

C. Predictability

The concept of stare decisis focuses most on: a. resiliency. b. legislative interpretation. c. predictability. d. change.

A. Capital punishment

The criminal penalties under RICO include all EXCEPT: a. capital punishment. b. fines. c. imprisonment. d. confiscation of property acquired through the criminal activity.

Iroquois Native Americans

Who played a role in the creation of the U.S. government by solving the problem of federalism?

Executive, Legislative, Judicial

The three branches of government in the United States are?

Ratified the Treaty

The treaty known as the North American Free Trade Agreement could only become law in the United States after the U.S. Senate did what?

C. mail fraud

Tory sent letters to 1,000 people offering to send them information that would guarantee them a profit in the stock market if they sent her $99.95. If they sent her the money, the brief, generally known information she sent them was: "Buy stocks when their prices are low, and sell when the prices are high." Tory is guilty of: a. embezzlement. b. nothing. She merely thought of and executed a clever way to make money. c. mail fraud. d. larceny.

A. No. Constitutional protections do not extend to privately owned apartment complexes

Tyler moved into an apartment complex. The rules of the complex prohibit unmarried men and women from living together in the same apartment. When Tyler's friend, Kristen, moved into the apartment he was served with eviction papers. Tyler claims the apartment complex is violating his constitutional rights since it allows married couples to live together. Is Tyler right? a. No. Constitutional protections do not extend to privately owned apartment complexes. b. No. His fundamental right of cohabitation has not been violated. c. Yes. His equal protection rights have been violated. d. Yes. He and Kristen are being treated differently than married couples.

C. All of these Answers

Unethical behavior in an organization can create: a. A less productive workforce. b. A resentful workforce. c. All of these answers. d. A cynical workforce.

B. All these answers

Wardow Corp. was convicted of violating federal RICO laws. Accordingly: a. individuals may file civil lawsuits against the company for violating the RICO statute to recover losses sustained by the criminal act. b. All these answers. c. the government may file criminal charges against both the company and the individuals associated with the criminal acts. d. the government may file a civil lawsuit against the company to obtain injunctions and other relief.

B. it would be presumed valid since it regulates economic or social conditions

West Virginia passed a statute regulating working conditions in its mines. If the statute is challenged in court on substantive due process grounds: a. it would be void because it involves a fundamental right to work. b. it would be presumed valid since it regulates economic or social conditions. c. it carries no weight. d. it would be presumed invalid but would be struck down only if it is not necessary to achieve a compelling government interest.

D. Cutting jobs at home and relocating operations to another country

What is "outsourcing"? a. Paying under the table to save money. b. Talking to experts from other industries. c. All of these answers. d. Cutting jobs at home and relocating operations to another country.

Natural Law

What theory claims that an "unjust law is no law at all"?

B. the law was not valid since Congress exceeded its power under the Commerce Clause

When Congress passed a criminal statute called the "Gun-Free School Zones Act," the Supreme Court ruled that: a. the law was valid as a proper exercise of the power to regulate interstate commerce. b. the law was not valid since Congress exceeded its power under the Commerce Clause. c. the statute was valid because although the law was not a proper exercise of the power to regulate interstate commerce, Congress had the power to create such legislation on other grounds. d. the law was void for vagueness; thus, it was not valid.

D. restitution

When a judge orders a criminal defendant to reimburse the victim, it is called: a. restoration. b. surrendering. c. reimbursement. d. restitution.

Appellant

When an appeal is filed, the party who files is called the what?

B. All these Answers

When an appellate court hears a case, it may: a. modify the decision. b. All these answers. c. reverse the decision. d. affirm the decision.

D. Factory owners relocate to lower-wage countries

When governments try to force factories to pay higher wages, what is usually the result? a. The local economy suffers. b. Factory owners mechanize. c. All of these answers. d. Factory owners relocate to lower-wage countries.

D. An athlete performs a trick move during a game

When is lying acceptable behavior in the workplace? a. A salesperson tells a customer that a product will do more than it actually can do. b. An employee claims that he's completed a project when he hasn't in order to protect his job. c. None of these answers. d. An athlete performs a trick move during a game.

Veto

When the President of the United States rejects a statute, he is using his power to do what?

B. Fourth Amendment

Which amendment to the Constitution prohibits the government from making illegal searches and seizures? a. First Amendment b. Fourth Amendment c. Fifth Amendment d. Sixteenth Amendment

C. The decision of the arbitrator is not binding

Which is NOT a true statement regarding arbitration? a. Use of an arbitrator will allow the case to be resolved much more quickly than utilizing traditional litigation techniques. b. An impartial third party is used to settle the dispute. c. The decision of the arbitrator is not binding. d. Arbitration allows both sides to keep secret information that would have to be divulged in a court case.

A. protection against friends incriminating other friends

Which of the following is NOT a protection afforded criminal defendants by the Bill of Rights? a. The protection against friends incriminating other friends. b. The guarantee of legal representation at all important stages of the criminal process. c. The prohibition against unreasonable searches and seizures. d. The protections of due process, double jeopardy, and the prohibition against being forced to testify against yourself.

C. A general civil division court

Which of the following is not an example of a trial court of limited jurisdiction? a. A small claims court. b. A probate division court. c. A general civil division court. d. A juvenile court.

C. the judicial branch of government

Which of the following is not one of the three fundamental areas of law? a. Civil lawsuits b. Alternative dispute resolution c. The judicial branch of government d. Structure of our court systems

D. The Judicial Branch of Government

Which of the following is not one of the three fundamental areas of law? a. Civil lawsuits. b. Structure of our court systems. c. Alternative dispute resolution. d. The judicial branch of government.

B. Plea bargaining

Which of the following is not one of the ways by which the Fifth Amendment protects criminal defendants? a. Self-incrimination b. Plea bargaining c. Due process d. Exclusionary rule

D. The Equal Protection Cause

Which of the following limitations does not apply to the government in civil proceedings to take a person's liberty or property? a. Substantive Due Process. b. The Takings Clause. c. Procedural Due Process. d. The Equal Protection Clause.

C. All of these Answers

Which of the following reasons support the idea to create an ethics program? a. Unethical behavior can be very costly. b. People feel better when they behave ethically. c. All of these answers. d. Society as a whole benefits from ethical behavior.

B. white- collar crime results in a greater monetary loss to society than street crime

Which of the following statements is correct? a. Studies are not able to calculate the estimated value of white-collar crime since most white-collar crime is never publicly disclosed. b. White-collar crime results in a greater monetary loss to society than street crime. c. Street crime (muggings, homicide, etc.) results in a greater monetary loss to society than white-collar crime. d. Studies are not able to accurately calculate the estimated value of either street crime or white-collar crime.

B. A company that partakes in unethical behavior usually has employees who feel better about themselves and the work they do

Which of these statements about unethical behavior is NOT true? a. A company that partakes in unethical behavior may have more cynical, resentful employees. b. A company that partakes in unethical behavior usually has employees who feel better about themselves and the work they do. c. None of these answers. d. A company that partakes in unethical behavior can suffer severe legal consequences.

C. The court's goal is to select a biased jury

Which of these statements is NOT true about the jury selection process? a. Peremptory challenges are acceptable. b. The process is called voir dire. c. The court's goal is to select a biased jury. d. Potential jurors are questioned by the attorneys for each side.

Legal Realism

Which school of jurisprudence is based on the philosophy that what matters is not what is written as law, but who enforces the law and by what process?

D. Both (A) and (B)

Which statement about money laundering and/or embezzlement is true? a. Both money laundering and embezzlement are crimes involving illegally obtained money. b. Money laundering involves taking the proceeds of criminal activities and either using the money to promote crime or attempting to conceal the source of the money. c. Embezzlement is the fraudulent conversion of property that is already in the defendant's possession. d. Both (a) and (b).

D. The results of a decision are not as important as the reason or which it is made

Which statement best defines deontological ethics? a. An ethical decision is one that maximizes overall happiness for the greatest number of people. b. A sense of duty or obligation is a poor justification for any action. c. None of these. d. The results of a decision are not as important as the reason for which it is made.

B. Misleading commercial speech

Which type of speech may be outlawed altogether without violating the Constitution? a. None of these answers. b. Misleading commercial speech. c. Symbolic speech. d. Moral speech.

B. Unethical behavior can quickly harm a business

Why do many major corporations actively encourage ethical behavior? a. Unethical acts are always discovered and prosecuted. b. Unethical behavior can quickly harm a business. c. All of these answers. d. Unethical behavior always damages a business.

C. All of these Answers

Why should businesses be concerned with ethics? a. Unethical behavior can be very costly. b. People feel better when they behave ethically. c. All of these answers. d. Society as a whole benefits from ethical behavior.

C. arson

William burned his own warehouse in order to collect on a fire insurance policy. William has committed: a. a crime called "burning to defraud insurers" since the crime of arson only applies to property owned by another person. b. an intentional tort, but not a crime since a person has a right to destroy his own property. c. arson. d. larceny since he committed an act intended to wrongfully obtain money from his insurance company.

Civil Lawsuit

You find a house you love, and you make a written offer to buy the house, including a down payment. Later, the owner's realtor tells you that someone else offered more money so the owner has decided to sell to that person. The government will not prosecute the case, but you can file a what?

Challenges for Cause

a claim that a juror has demonstrated probable bias.

Jurisdiction

a court's power to hear a case.

Motion

a formal request to the court to take some step or issue an order

judgment non obstante veredicto

a judgment notwithstanding the jury's verdict.

Harmless Error

a mistake by the trial judge that was too minor to affect the outcome.

writ of certiorari

a petition asking the supreme court to hear a case.

Motion for a Protective Order

a request that the court limit discovery.

Summary Judgement

a ruling by the court that no trial is necessary because some essential facts are not in dispute.

Directed Verdict

a ruling that the plaintiff has entirely failed to prove some aspect of her case.

Counter- Claim

a second lawsuit by the defendant against the plaintiff.

Complaint

a short, plain statement of the facts alleged and the legal claims made.

Trial Courts

determine the facts of a particular dispute and apply to those facts the law given by earlier appellate court decisions

Appeals Courts

have the right to review decisions of trial courts.

Reversed

nullified

Class Action

one plaintiff represents the entire group of plaintiffs, including those who are unaware of the lawsuit or even unaware they were harmed.

Appellant

party filing the appeal

Appellee

party opposing the appeal

Affirmed

permitted to stand

Criminal Law

prohibits certain behavior

Pleadings

the documents that begin a lawsuit, consisting of the complaint, the answer, and sometimes a reply.

Beyond Reasonable Doubt

the governments burden in a criminal prosecution.

Deponent

the person being questioned

Preponderance of the Evidence

the plaintiff's burden in a civil lawsuit.

Discovery

the pre-trial opportunity for both parties to learn the strengths and weaknesses of the opponent's case.

Litigation

the process of filing claims in court and ultimately going to trial

voir dire

the process of selecting a jury.

Sovereign

the recognized political power, whom citizens obey

Preemptory Challenges

the right to excuse a juror for virtually any reason