BLAW 300 Unit 1
How a hearing or court case is conducted is governed by:
procedural law
Substantive law governs a person's:
rights and responsibilities
what is the process of interviewing prospective jurors and either approving of or challenging a person's impartiality toward a service on a particular jury
voire dire
White-collar crime, which is usually committed by corporate or government officials, typically involves crimes committed for financial gain, such as:
1)embezzlement.2) mail and wire fraud.
When the parties in a dispute present their arguments and evidence to a neutral third party who then renders a decision, it is called
arbitration
The role of a mediator is to:
assist parties in a dispute in resolving their differences out of court
What is the prosecutor's burden of proof in a criminal case?
beyond a reasonable doubt
which of the following activities is an example of corporate social responsibility?
establishment of a foundation that funds high school educational initiatives
A person may be subject to which of the following penalties for crimes committed under the Racketeer Influenced and Corrupt Organizations Act (RICO Act)?
fines, imprisonment, and forfeiture of property
What does venue refer to?
geographic location of court
Through which proceeding do prosecutors obtain an indictment?
grand jury
Legal researchers will use which of the following tools to locate a court decision?
1. online legal research engines such as Lexis, Westlaw, or 2. Bloomberg bound volumes of reported court decisions, organized by jurisdiction, date and courts
What are the three steps of a civil trial?
1. opening arguments 2. presentation of testimony and evidence 2. closing arguments
which of the following illustrates a financial or non-financial cost of unreported unethical behavior to a company?
1. sweet home diner lost its business when the community became outraged with the owner for failing to stop the racist social media postings of the restaurant manager2. employee morale hit an all-time low when Scott, the line supervisor, ignored repeated instances of harassment by certain employees
which of the following are methods of preventing unethical behavior?
1. terminating an employee for unethical behavior2. establishing a company code of ethics
when making a decision using the stakeholder theory of management, a business professional would place more weight on which of the following?
1. the harm to customers from using the company's product over profits2. the impact of its decisions on employees over the profitability of the business
Which of the following is an example of federal agency regulations that impact business operations? A. Internal Revenue Service rules for business tax audits B. wage and hour laws C. The Consumer Protection Act D. U.S Supreme Court decisions
A. Internal Revenue Service rules for business tax audits
Which of the following citations indicates that the citation is referencing state statutory law? A. 856. S.W.2d 12 (Ark. 1993) B. 24 C.FR. Part 570 C. Cal. Penal Code 11164(a) (West 2020) D. Ark. Code Ann. 6-17024-01
C. Cal. Penal Code 11164(a) (West 2020) D. Ark. Code Ann. 6-17024-01
In the United States, who creates federal statutory law?
Congress (Legislative Branch)
under which principle of ethics would a person consider whether his or her action is one that every other person should take?
Kant's categorical imperative
How does the punishment for a misdemeanor differ from the punishment for a felony?
Misdemeanor fines are lower and imprisonment is usually limited to less than one year in jail.
The abbreviation "U.S" in the legal citation Brown v. Board of Education, 347 U.S 483 (1954) references the?
United States Reports
What is a document called that is filed with the court to state the position of the plaintiff
pleading
In contrast to federal courts, state courts have what kind of jurisdiction
broad
what do legal professional use to analyze court decisions that are relevant to their clients cases?
case briefing
John approaches a stranger standing at John's car who appears to be about to break the window. Before the stranger sees him, John knocks him to the ground. What should John claim as a defense to the criminal battery charge?
defense of property
State statutory law is created by
elected members of the state legislature.
A company issues a laptop computer to an employee for use at the business location only. The employee takes the laptop home to use for his or her own purposes and reports it as lost. This is an example of:
embezzlement.
Jan claims she was having a hallucination as the result of her clinically diagnosed schizophrenia while committing a crime. This defense is known as:
insanity
What must a prosecutor prove when the law requires mens rea?intent
intent
which branch of government has the authority to enact law?
legislative
Which of the following provides notification to a criminal defendant in custody of the right to an attorney?
miranda warning
ethics is the consideration of how one should act, based on which of the following concepts?
mortality, or principles of right and wrong
A legal citation for a court decision is used by legal professionals to research the law, and includes
party names, location of the published case, court, and date of decision
After all pleadings are filed and discovery is completed, a party may ask the judge to run in their favor on the basis that there are no genuinely disputed facts and the judge need only rule on the law. The motion asks the court for a:
summary judgment
under the principle of rights, the term "rights" refers to:
the fundamental rights of human beings
in ethics, compliance with the law is considered:
the moral minimum
The federal and most state judicial branches have at least these three levels in the court system
trial court, intermediate appellate court, and highest appellate court
a company exhibits responsible corporate citizenship when it:
uses its wealth and influence to benefit society as a whole
under which theory of ethics would a decision be ethical if it provides the greatest benefit for the largest number of individuals?
utilitarianism