busi 2301

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business ethics provide a set of standards for ethical behavior, but they can never provide

absolute right answer

the collection of rules and decisions made by administrative agencies

administrative law

in order to ensure that a case or controversy exists, the plaintiff must show

an adverse relationship between the parties, an actual legal dispute, and it is a proper matter for judicial determination

accurate depiction between arbitration and litigation

an arbitrator is not bound by a precedent whereas a judge is

a reply by the plaintiff is similar to an ____ by the defendant

answer

motion for judgment on the pleadings is a request for the court to consider that all the fats in the pleadings _______

are true

the primary method of securing arbitration is through a

binding arbitration clause

which of the step in a civil litigation is considered a part of the discovery process in the case

both parties file interrogatories

______ ethics is the use of ethics and ethical principles to solve business dilemmas

business

application of ethics to the special problems and opportunities businesspeople experience

business ethics

who must be familiar with global trade laws that regulate business practices among nations

business managers

collection of legal interpretation made by the judges

case law

if congress passes a bill, the president signs it, bit then the courts strike the law down as unconstitutional, it is a good example of

checks and balances

what system does the united states constitution establish to keep the legislative branch from dominating the other branches of government

checks and balances

which classification of law involves the rights and responsibilities found in relationship between persons and between persons and their government

civil law

which of the following is a term used to refer to laws that are contained in one convenient location

codes

administrative law

collection of rules and decisions made by administrative agencies

judicial review is established by _____ law

common

another name for case law

common law

what document initiates the lawsuit?

complaint

which of the following schools of legal interpretation suggests choosing legal alternatives that maximize the ratio of benefits to costs?

cost-benefit analysis

assume the securities and exchange commission prosecutes someone for insider trading. that prosecution is an example of ____ law.

criminal law

an ethical ____ is a problem about what a firm should do for which no clear right answer is available

dilemma

the ____ restricts the states' authority to pass laws that substantially affect business between states

dormant commerce clause

which of the following is not a purpose of the law as set forth in the text

encouraging taxation

which of the following is found in the texas constitution, but not in the US constitution

equal rights amendment

what clause does the fifth amendment contain

establishment clause

if a firm faces a problem for which no clear, right decisions is available, it faces a(n) ______ dilemma

ethical

a problem about what a firm should do for which no clear right answer is available

ethical dilemma

the study and practice of decisions about what is good and right

ethics

the study of what is good and right is ___

ethics

business ethics is not adequately pursued just by obeying the law because

ethics asks us not just what the law is but what it should be

business ethics is not adequately pursued just by obeying the law because

ethics asks us not just what the law is, but what it should be

NAFTA

example of global trade law

judicial review allows the courts to review the constitutionality of _____ actions

executive and legislative

sometimes when the state and federal government have concurrent authority, the federal government can decide to regulate that area exclusively. in such a situation, according to the doctrine of ____ the state law is unconstitutional

federal preemption

the US constitution establishes a system of government bases upon the principles of

federalism

if jones is acquitted of robbing a market and a month later a new witness comes forward and states he saw jones rob the market, jones cannot be tried again for the robbery because of what amendment

fifth

political speech is protected under what amendment

first

when a contract contains a(n) ______, the parties specific which court would hear a dispute over an alleged breach of the contract

forum-selection clause

if the police use thermal imaging to detect heat patterns emanating from private homes, they are probably violating which amendment

fourth

in state court systems, most cases begin in a trail court of _______ jurisdiction

general

the ____ urges us to be aware that other people and their rights and needs matter

golden rule

ethics is the study and practice of decisions about what is

good or right

an ethical ____ is a simple tool that helps determine whether an action is moral

guideline

practical steps that serve as a dependable stimulus to ethical reasoning in a business context are known as ethical

guidelines

which of the following is a pertinent question managers must ask in order to comply with the WH framework for business ethics

how can i make ethical decisions

which of the following schools of jurisprudence recognizes that the ill, children, the aged, the disabled, and the poor require assistance to meet their fundamental needs of life, health, and education?

identitfication with the vulnerable

which of the following is not one of the ways the golden rule may be interpreted

if an individual is not successful, it is always because of a personal failing such as a lack of motivation

_____ jurisdiction is a court's power to render a decision affecting the rights of the specific persons before the court

in personam

_____ jurisdiction literally means "jurisdiction over the person"

in personam

which of the following is most likely to create advertising campaigns related to propose constitutional amendments

interest groups either in favor or against the proposed amendments

another term for treaty

international agreement

civil law

involves the rights and responsibilities found in relationship between persons and between persons and their government

establishing a code of ethics can benefit the firm but has the following limitation

it can never provide the firm with a single best answer for what it should do

which of the following is accurate regarding the speed and cost of adr?

it is usually faster and cheaper than litigation

who wrote the opinion for the landmark 1803 united states supreme court case marbury v. madison

john marshall

_____ is a court's power to bind the parties before it

jurisdiction

_____ is a court's power to hear cases and render decisions that bind the parties before them.

jurisdiction

rules of conducts in any organized society enforced by the governing authorizers of the community

law

a majority of citizens in a democracy can agree to establish rules for business behavior. they can permit certain authorities to make and enforce rules describing what behavior is permitted and encouraged in their community. these rules are referred to as

laws

based on the idea when ruling on a case, judges need to consider more than just the law, including other factors such as social and economic conditions

legal realism

which of the following schools of legal interpretation dictates that judges take into consideration factors other than the law, such as social and economic conditions, when deciding a case?

legal realism

a motion for a change of venue can be use to

move the case from the court in one geographic location to another within the same system

which form of adr does NOT use a neutral third party to solve a dispute

negotiation

in hertz corp. v. friend the united states supreme court set forth the "_____" test as the appropriate test for determining a corporation's principle place of business for the purpose of diversity jurisdiction

nerve center

concurrent federal jurisdiction exists when

no plaintiff and defendant are residents of the same state and there is over $75,000 at issue in the case or the case raises a federal question

which of the following is an accurate statement regarding venue

once a case is in the proper court system, venue determines which trail court in the system will hear the case

_____ jurisdiction is the power to hear and decide cases when they first enter the legal system

original

under the doctrine of federal presumption, federal laws _______ state law on the same issue

override

organizational stakeholders include

owners, customers, and management

advantage of arbitration

parties involved can choose the arbitrator

thinking about the constitution of texas and the united states, both are based upon which fundamental idea

politcal pose is derived from the people

the WPH framework would be incomplete without which of the following?

practical guidelines that assists in determining how to respond to an ethical dilemma

what provides greater stability and predictability to the law

precedent

who claims the power to issue executive orders on the basis of their article 2 section 1, constitutional power "to take care that the laws be faithfully executed"

president

what classification of law involves disputes between private individuals or groups

private

which of the following is an adr method in which a referee is selected and paid by the disputing parties to offer a legally binding judgement in dispute

private trail

the _____ clause prohibits states from discriminating against citizens of other states when nonresidents engage in ordinary and essential actives

privileges and immunities

one way to think of the ____ test to view it as a ray of sunlight that makes our actions visible rather than obscure

public disclosure

which classification of law involves disputes disputes between private individuals or groups and their government

public law

what is contained in the complaint

relief the plaintiff is seeking, basis for the courts subject-matter jurisdiction over the case, names of the parties to the case, a request for the jury

appellate courts have the power to

review previous judicial decisions

in article 1 of the texas constitution, which section provides a detailed list of the rights of crime victims

section 30

an unofficial jury sitting in during the actual trial and deliberating at the end of each day to evaluate for the attorneys how each side is doing is referred to as a

shadow jury

how many functional areas of business sit on a foundation of business law

six

which of the following is not another term for trail courts?

small claims courts

the _____ of business consists of the expectations a community imposes on firms doing business within its borders

social responsibility

the expectation that a community places on the actions of firms inside that community's borders is known as the

social responsibility of business

in the ______ case, the united states supreme court upheld a federal statute that grants federal funds for state highways to only those states in which 21 is the legal drinking age

south dakota v. dole

managers should make sure they consider all the relevant ___ when they engage in ethical reasoning

stakeholders

rooted in the perspective of the historical school of legal interpretation

stare decisis

which of the following is part of the court structure of the united states legal system?

state court system

in the context of sources of business law, the assortment of rules and regulations put forth by legislatures

statutory law

all of the following are threshold requirements that a case must meet before it is heard by a court except _____

strict liability

If a law prevents individuals from exercising a fundamental right, the law will be subject to ___.

strict scrutiny

which of the following refers to a court's power to hear certain kinds of cases

subject-matter jurisdiction

according to the ____ the US constitution takes precedent over the texas constitution

supremacy clause

the "public disclosure" test is also known as the

television test

the public disclosure test is sometimes called the

television test

which of the following was part of the annexation between texas and the US

texas would be responsible for paying all foreign debts it incurred while independent

what stalled texas admission to the US

that texas would be proslavery

values are ____

the basis unit of business ethics

the social responsibility of business consists of the expectations ___ imposes on firms

the community

suggests that society examine the costs and benefits associates with legal alternatives

the cost benefit analysis school of legal interpretation

what does it mean when we say that ethics guides the law

the evolution of the law moves in a direction that legislature and courts see as more ethical

if the state proposed a law banning students from wearing cross jewelry to class students could challenge the law as banning which provision from the bill of rights

the free exercise clause of the first amendment

constitutional law

the general limits and powers of the federal and state governments as stated in their written constitutions

one of the most often used guidelines for shaping the law is traditions, or custom, which is always called

the historical school of legal interpretation

what is a similarity between a summary jury trail and a minitrial

the neutral adviser's opinion in a minitrial, like a the jury's verdict in the summary jury trial is not binding

who can issue executive orders requiring officials in the executive branch to perform their functions in a particular manner?

the president and state governors

which of the following is a commonly recognized ethical guideline that helps determine how to make ethical decisions

the public disclosure test

which of the following is not considered in the WH approach to business ethics

the religious implication of the action

which of the following refers to the expectations the community imposes on firms doing business within its borders

the social responsibility of business

for the purpose of determining subject matter, a corporation is a resident of

the state in which it is incorporated and the state which is its primary place of business

crimes are prosecuted by

the state or federal government

if the government wants to build an interstate highway over gretel's farm without paying her compensation for the use of the land, which amendment would the government be violating

the takings clause of the fifth amendment

which amendment to the US constitution provides that all powers that the constitution neither gives exclusively to the federal government nor take from the states are reserved

the tenth amendment

a commonly recognized ethical guidelines that helps one determine how to make ethical decisions is ____

the universalization test

if we consider what he world would be like if a decision is copied by everyone else, we would be using which of the following ethical guidelines

the universalization test

precedent

the use of past decisions to guide future decisions

who made up the grange, and what did they have on the writing of the constitution

they were and agricultural group who wanted a government that would improve the plight of farmers w

which of the following is an alternative meaning of the primary value of freedom

to act without restriction from rules imposed by others

which of the following is an alternative meaning of the primary value of security

to be sage from those wishing to interfere with one's property rights

which of the following is an example of the primary value of freedom

to possess the capacity or resources to act as one wishes

state constitutions are designed to perform which function

to prevent abuse of power by the government by establishing and protecting civil liberties

the following are sources of value priorities

traditions, family, and culture

in the federal court system, the ____ courts are united states district courts

trail

binding agreement between two states and international organizations

treaty

business law consists of the enforceable rules of conduct that govern commercial relationships

true

constitutional law refers to the general limits and powers of the federal and state governments as stated in their written constitutions

true

legislative actions called statues are an important source of law

true

most industrialized countries have a single court system, with courts that have the power to hear both local and national cases

true

the identification with the vulnerable school of jurisprudence is tied closely to the pursuit of fairness in our society

true

the stakeholders of a firm are the many groups of people affected by the firm's decisions

true

applying the ____ test causes one to consider "is what i am about to do the kind of action that, if others followed my example, makes the world a better place for men those i love"

universalization

the ____ test asks us to consider what the world would be like if our decisions were copied by everyone else

universalization

the full faith and credit clause requires that every state court ____ contracts and public acts establish in other states

uphold

______are positive abstractions that capture our sense of what is good or desirable

values

positive abstracts that capture our sense of what is good or desirable are ____

values

which of the following represents our understanding of the purposes we will fulfill by making particular decisions?

values

an incorrect statement regarding values

values come from the interplay of ethics

Billy knows that he can bring his case against Bob in a state court in Tennessee. He is unsure, however, of which county in which to proceed. Which of the following address the proper county?

venue

once a case is in the proper court system, ____ determines which trail court in the system will hear the case

venue

any state or local law that directly conflicts with the US constitution or federal laws or treaties is ______

void

the W in the WH process of ethical decision making stands for

who

which of the following is a pertinent question that managers must ask to comply with the WH framework for business ethics?

whom will my decision affect

legislative acts passed by the united states congress can be found in the

US code

the ________ approach to business ethics is a set of guidelines that urges us to consider whom an action affects, the purpose of the action, and how we view the action's morality

WH

Adult siblings, John, Sam, and Andy, are in disagreement over how to split the proceeds of a piece of land left to them by a rich uncle who recently died. The uncle was a resident of Georgia, and the land is in Georgia; but neither John, Sam, nor Andy live there. Which of the following is true regarding jurisdiction over the dispute?

a court in georgia would have in rem jurisdiction over the dispute

at the same time the parties filed interrogatories, they could have also filed a request for which documents?

a photograph, medical records, contract, report from a mental examination


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