Chapter 1-6 Bus 121

The _____ of the U.S. Constitution are often used to set aside state laws that deny arbitration of a certain dispute.

commerce clause and the supremacy clause

The 6th and 7th amendments

guaranteed the right of trial by jury in both criminal and civil cases

For a consequentialist, the

harm done by lying is unethical.

in most states, a jury's decision must be unanimous because

it is believed that the truth is more nearly to be found if the jury acts only on one common conscience.

strict constructivism is also known as

judicial abstention

The administrative agencies in the City of Dover have passed a written law banning smoking in most restaurants and bars. This legislation is an example of a(n) __________.

ordinance

The typical long-arm statute allows a court to obtain jurisdiction over a defendant even though the process is served beyond its borders if the defendant __________. Question 22 options: A) files a counterclaim against a plaintiff

owns property within the state that is the subject matter of the lawsuit

Under the minimum rationality approach, a(n) ______ qualifies as a legitimate goal of government.

permissible state end

A negotiation between a seller and a buyer begins with each party stating their respective expectations in a competitive style. The seller starts with as high an asking price as is considered reasonable. Likewise, the buyer begins with the lowest reasonable price. In the context of negotiation methods, this scenario is an example of _____.

positional bargaining

If the ______ test is used, the classifications are usually found to be unconstitutional under the equal protection clause.

strict scrutiny

Sociological jurisprudence

supports the idea that law can and should change to meet new developments in society.

Angelo files a lawsuit against Franz alleging that Franz damaged his property. Esther, a judge, has reviewed the case and believes that the lawsuit between Angelo and Franz completely lacks any merit. She is convinced that the suit should not continue. In this case, Esther is most likely to __________.

terminate the litigation process on her own initiative

In the case of J.E.B. v. Alabama, the U.S. Supreme Court banned _____ in jury selection.

gender discrimination

The ______ to the U.S. Constitution reinforces federalism by reserving some powers to the states and to the people.

10th amendment

Which of the following statements is an example of ethical formalism? Question 11 options: A) Openness in communications is deemed fundamental. B) There is no doubt that the standards of morality are flexible. C) The greatest happiness of the greatest number is the foundation of morals and legislation. D) The strongest argument for raising the ethics bar boils down to self-interest. E) Loss of confidence in an organization is the single greatest cost of unethical behavior.

A. Openness in communications is deemed fundamental

_____, one of the seven elements of principled, interest-based negotiations, are outcomes that are possible without the agreement of the other party in a negotiation.

Alternatives

Which of the following statements is true of formalism? Question 8 options: A) It is primarily concerned with the consequences of a person's action rather than the action itself. B) It lays more emphasis on end results and their evaluation. C) It focuses more on common good rather than on individual rights. D) It is an approach to ethics that affirms an absolute morality. E) Its dominant form is utilitarianism.

D. It is an approach to ethics that affirms an absolute morality.

All persons suing a drug company, alleging injuries from a product, constitute

a class for a tort action

Interrogatories

a method of discovery, are a series of written questions presented to the opposing parties.

James wrecks Carl's house in a motor vehicle accident. Carl incurs $180,000 in property damages. To recover his losses, he wants to sue James. In this scenario, Carl is most likely to file the initial lawsuit in _____. Question 18 options: A) traffic court B) a state appellate court C) a federal district court D) the U.S. Supreme Court E) a state trial court

a state trial court.

____ is the technique used in collective-bargaining contracts to settle grievances of employees against their employers.

arbitration

Regulatory law

both protects ownership and sets limits on private resource use.

Property

can be thought of as the central concept underlying Western legal systems.

So significant is the role of judges in the United States that they determine the meaning of the Constitution and can declare void the legislation of Congress and the acts of the president. This illustrates that the legal system in the United States is based on _____.

common law

Utilitarianism

focuses on the common good rather than on individual rights.

Antitrust law

forbids owners from monopolizing classes of resources and sets rules for how businesses can compete to acquire ownership in new resources.

When the U.S. Supreme Court reviews petitions for a writ of certiorari, the writ is granted if _____ of the nine justices vote to take a case.

four

Gerard works for a weekly magazine in the state of California. He is held responsible for publishing an article that falsely accuses the governor of the state. In this case, Gerard is most likely to be accused of ______.

libel

Jane is deprived of her alimony from Ben as he is reluctant to make a settlement. Which of the following statutes is most likely to be applicable in this case?

mandatory arbitration statute

A municipality zoning ordinance attempts to regulate the placement of satellite dish antennas in residential areas by specifying the size and location requirements. The Supreme Court rules that the zoning ordinance is unconstitutional as it violates the Federal Communications Commission Regulation law. In this case, the ruling of the Supreme Court illustrates the concept of ______.

preemption

The Civil Rights Act of 1964

prohibits employment discrimination based on race, sex, color, religion, and national origin.

In a civil lawsuit, personal jurisdiction over a defendant is usually obtained by a notice to appear in court. This delivery of notice is referred to as __________

service of process

According to _____, judges in current cases follow whenever possible the interpretation of law determined by judges in prior cases.

stare decisis

Isla fakes a headache to skip her classes. Few weeks later, when her friend, Isaac, lies to the teacher about being sick, Isla reports him to the teacher. She tells the teacher that she is not in favor of lying. According to Immanuel Kant, Isla would most likely be in violation of _____.

the categorical impetative.

A school prohibits its students from praying even during breaks. It also prohibits its students from forming prayer groups. In this case, which of the following clauses of the First Amendment is the school most likely to violate?

the free exercise clause

due process

the government may not act in a manner that is arbitrary, capricious, or unreasonable

The social contract theory concerns itself with how to construct a just society given

the many inequalities of wealth, knowledge, and social status.

In the absence of a statute, the rights and duties of the disputing parties to a submission for arbitration are described and limited by _____.

the parties' agreement

Petit Jury

trial jury that returns a verdict in both criminal and civil cases.

After an appeal gets rejected by an intermediate appellate court, the losing party may petition the highest court in the system for a(n) _____.

writ of certiorari