Sukys Business Law 15th Edition Ch. 1-3
Outside of the Bill of Rights, what is widely recognized as the most important amendment to the U.S. Constitution?
14 Amendment
In 2017, when President Trump rescinded former President Obama's 2012 DACA order, opponents of Mr. Trump claimed that the rescission order violated the: _________.(See The Opening Case, Round 1).
5th Amendment Due Process
According to ____________, the third type of ____________ in the law exists between ____________ principles and ____________ situations.
Anthony Chase; duality; abstract; concrete
The United States Supreme Court does not have original jurisdiction in which of the following cases?
Cases appealed from state supreme courts
A complaint is served by the plaintiff directly on the defendant. This is called service of process.
F
A descriptive theory explains how to create values that permit a society to run smoothly.
F
A federal question can only involve a treaty.
F
A plaintiff is a person who answers a lawsuit by filing a demurrer in a trial court of general jurisdiction.
F
Courts today rely on precedent according to the principle of stare precedentus, which means 'let the decision stand.'
F
Cyber-jurisdictionis the power of the court to have personal jurisdiction over any type of case based on the stream of commerce standard.
F
Ethical rules of conduct developed by various professions are often easy to understand and follow.
F
If Joe sues Marie as the result of a contract dispute, Marie can request that Joe undergo a physical examination.
F
In federal subject matter jurisdiction cases, the plaintiff must allege at least $75,000 in damages.
F
In his essay, Politics as a Vocation, Max Weber argues that national leaders must practice the "ethic of ultimate ends" to govern correctly.
F
In the "Opening Case", the text notes that the plaintiffs in the U.S. Supreme Court case Ziglar v Abbasi, were alleging brutal torture by the U.S. government and based on the Bivens case, asked the Supreme Court for a permanent injunction.
F
Joe believes that there are absolute standards of right and wrong. Joe's belief is an example of market value ethics.
F
Jury instructions contain the judge's opinion of the evidence presented.
F
Law consists of values that govern a society's attitudes toward right and wrong.
F
Negative rights theory holds that rights are a divine invention designed to help people escape moral law.
F
Plenary review jurisdiction in federal court can only arise in cases of diversity, even though there is no federal law is involved.
F
State trial courts are known as limited jurisdiction courts.
F
The law is a delicate balancing act between the power of the state and the rights of individuals.
F
The principle of the separation of powers divides power between the national and United Nations governments.
F
The text of the U.S. Constitution gives the Supreme Court appellate jurisdiction in a case in which a state is a party.
F
The traditional legal view of a corporation held that corporate managers have a fiduciary duty to shareholders to make broader-based, more ethical decisions.
F
Trade-offs rarely occur within the law.
F
Utilitarianism focuses on the circumstances that an individual faces.
F
While the law protects our rights, only ethical principles can stop us from doing something that is wrong.
F
In 2005, a new doctrine called _____________, declares that the leadership of every nation has a definitive duty to protect its own people from four major threats, genocide, war crimes, ethnic cleansing and crimes against humanity.
Responsibility to protect
A predicate offenseis generally one that provides the resources needed to commit the offenses outlined in the statute.
T
According to the John M Keynes' Uncertainty Principle, intent and results almost never coincide in economics, but when they do it is merely a matter of luck.
T
All corporations are considered "legal persons" under federal and state statutes.
T
Appellate courts use the abuse of discretion standard to determine whether a judge in the lower court has, in some way, misused his or her authority.
T
Binding precedent is a precedent that courts must follow.
T
Corporate social responsibility is based on the legal advantages granted to the corporation.
T
Ethical theories are all based on the assumption that people want to live ethical lives.
T
Ideally, the primary objectives of the law, such as harmony, stability, and justice within a society, should be balanced equally at all times.
T
If Sally believed in natural law, she would believe that right and wrong originate from an external objective, superior force.
T
In his book, What Money Can't Buy: The Moral Limits of Markets, author Michael Sandel reveals that market value ethics is the new ethical relativism.
T
The U.S. federal court system is divided into 13 circuits.
T
The decisions of state supreme courts are final unless a federal issue or a constitutional right is involved.
T
The defendant's answer may state an affirmative defense, such as assumption of the risk.
T
The ____________ is a unified set of statutes designed to govern almost all commercial transactions.
Uniform Commercial Code
Lillian, who now lives in Oregon, was charged by an Idaho court with molesting several children while she worked for Idaho Social Services. Lillian could be brought back to Idaho for trial based on:
article iv
Generally, if the Florida Supreme Court issues a decision, that decision would be considered:
binding precedent in FL courts
A ____________ is a network of interacting conditions which ____________ one another, while at the same time ____________ change from agents outside and inside the system.
complex adaptive system; reinforce; adjusts to
Cross-examination of the prosecution's witness is usually conducted by the __________ during the ____________.
defense attorney, prosecution's case in chief.
Courts with the power to hear any type of case are courts with ____________ jurisdiction.
general
Under the doctrine of ____________, courts determine the constitutionality of statutes, regulations or executive actions and must rely upon any ____________ in their analysis.
judicial review; binding precedents
A business asks a court to interpret the way in which a newly enacted shoplifter detention statute will be applied if the business, at some future point, detains a suspected shoplifter. The court may:
not interpret the statute until a lawsuit is filed
Courts with appellate jurisdiction are empowered to determine whether the lower courts have made errors of law using the ____________ standard.
plenary review
____________ is the process by which the courts decide that a federal statute must take precedence over a state statute.
preemption
A new administrative regulation allowed the Social Security Administration to charge women for Social Security cards, yet enabled men to obtain the cards for free. A lawsuit was filed challenging the constitutionality of this new regulation. If you were a justice on the Supreme Court you would most likely:
rule unconstitutional; equal protection clause
Some argue that ____________ is actually in the long-term best interests of the corporation. This argument, referred to as ____________, is based on the notion that socially responsible corporations benefit by creating ____________ for themselves, thus motivating consumers to purchase their products, investors to buy their stock, and lawmakers to grant them further legal advantages.
social responsibility; enlightened corporate self-interest; goodwill
The U.S. Court of Appeals for the Federal Circuit was established by Congress primarily to:
streamline and unify patent law.
The ethic of ____________ must be practiced by individuals because individuals can never foresee the result of their actions.
ultimate ends
____________ sees the morality of an action is determined by its ultimate effects.
utilitarianism
If Anthony is concerned only with corporate benefits and problems, rather than the benefits and problems that will result for others outside the boardroom, he most likely believes in:
utility thinking
