ETHICS 1

Sage files a complaint against Isabel, alleging that Isabel is responsible for damages to Sage's property. Isabel thinks the allegations are ridiculous and doesn't bother to respond to the complaint which she has been served. Which of the following is likely true?

A court can judge in Sage's favor because Isabel seems to be constructively admitting to Sage's allegations.

In the context of a court case process, what is the definition of sequestered?

A jury is separated from the community during a trial

Which of the following situations would most likely receive a change of venue?

A local teacher is taken to court after a video of him beating his students goes viral and is viewed by most people in town..

Which of the following is true concerning trial venues?

A party can receive a change of venue when it anticipates a fundamentally biased trial environment. The Rodney King case in the text is a good example of this.

If the goal is to facilitate planning, which of the following is the best tool that matches that goal?

Allow debate on change

If the goal is to keep the peace, which of the following is the best tool that matches that goal?

Allow for orderly protest

Which of the following situations would not substantiate proper standing to sue?

Aniesha wants to sue her neighbor Robert after she witnessed him steal someone else's car.

Which method of dispute resolution is most typically incorporated as a condition in business contracts for potential disputes?

Arbitration The text mentions the common practice of requiring arbitration in business contracts.

A law which promotes the opportunity for foreign workers to obtain employment, housing, and medical care regardless of their citizenship status would likely fall under which school of jurisprudential thought?

Bookmark question for later A law which promotes the opportunity for foreign workers to obtain employment, housing, and medical care regardless of their citizenship status would likely fall under which school of jurisprudential thought? Natural Law

Charlie is summoned for jury duty. While still in the selection process, it is discovered that one of the parties to the case used to be an old friend and neighbor of Charlie's. Which of the following would most likely happen?

Charlie would be excluded for cause.

Cleo has been the victim of continuous unfair dealings with his landlord for several years. When he finds out one of his neighbors is suing his landlord for the same reasons as those to which Cleo feels harmed, Cleo wishes to join in the case. Which of the following is likely true?

Cleo cannot join the case because of the statute of limitations.

Nation A builds a new highway next to citizens' properties. In the months following, littering as well as several highway accidents result in damage to the properties. The property owners want to sue the government for damages, but are restrained by:

Comity of Nations

Nation A is neighbors with Nation B. When an international crime lord who operates in both countries is captured by Nation A, it sentences him to a lifetime of heavy labor. Nation B wants to have the criminal executed, but it defers to Nation A's judgment. Which principle of International Law is at play?

Comity of Nations

DONUT DAY AT THE OFFICE Part 8 (Just then Calvin, the fit CEO, comes jogging into the room with a water bottle in hand. He spots the donuts and shows his disgust.) Calvin: Why do people inflict such nasty, sugar-coated poison on all of us?! A healthy workplace is a happy workplace. (He takes both boxes of donuts, puts them in a small, dirty, battered trash can and steps on them to squash them down, making them suddenly inedible. He smiles at everyone as if they all agree that he has done them a great service.) That's my job as CEO, to help everyone realize a long and happy life! Cheers! (He runs from the room as everyone looks on in stunned silence. After a couple of seconds Bob collapses on the floor next to the garbage can, looking at the destroyed donuts as if they were a long-lost love.) End Part 8

Command school of thought.

If the goal is to prevent undesirable behavior, which of the following is the best tool that matches that goal?

Deter crime

The federal government passes a law which targets one specific company even though it does not operate any differently from other local companies. Which law or principle of law is not being properly upheld? Substantive Due Process Procedural Due Process Equal Protection Laws First Amendment

Equal Protection Laws

In the context of a court case process, what is the definition of default?

Failure of the defendant to fulfill an obligation

Which jurisprudential school of thought relies the most upon precedent in establishing law

Historical

A television producer/director receives the following script designed to celebrate National Donut Day. As she reads it, it brings to her mind some principles of jurisprudence she learned in her college business law class. Help her out: Which legal school of thought is illustrated in this dialogue? DONUT DAY AT THE OFFICE Part (The scene is a lunchroom or break room. There are at least three round tables visible and perhaps a vending machine, microwave, or refrigerator in the background. Of the three tables, no one is sitting at the center table as the scene opens.) Karen: (She walks in carrying two big boxes of donuts and places them on the center table.) Allied Chemical just dropped these off to thank us for our work on the "Expressly Hair" project. Have fun. (She is unenthusiast. She shows absolutely no interest in the donuts and quickly leaves. Everyone else, except Alison, immediately stands. Alison is still showing an interest in the goodies but not moving toward them. Joyce immediately positions herself between the donuts and Bob.) Bob: It's a donut festival! Joyce: (She moves to block and slow him, as if checking him in basketball.) Just wait a second! We have to first establish the rules. Bob: Rules, in a donut festival? Joyce: Yes rules. Last time donuts like these were brought in, Winfred got a broken nose and, once again, Alison didn't get any. We aren't animals. If we don't slow down, someone is going to accidentally eat the cardboard again. Bob: Oh, no. Here we go. Where's the PowerPoint? Joyce: There are guidelines in the employee handbook that have been developed over many years that detail out exactly what is to be done with these kind of employee gifts. (She opens a thick binder.) Nearly any scenario you can imagine has been detailed out in section 34 (b), including pastries from chemical companies. Practices and procedures have been set and we would be smart to follow them. End Part 1 Historical perspective school of thought. Irrational forces perspective. Critical legal studies school of thought. Natural law school of thought.

Historical perspective school of thought.

During a criminal trial where Emerly was found guilty, evidence was presented against her which Emerly and her lawyer feel was unfairly prejudicial. Emerly wants to appeal the court's decision. Which of the following is most likely true?

If an appeals court finds that the evidence against Emerly should have been excluded, she can receive a new trial.

Casey is on trial under criminal allegations that she engaged in fraudulent behavior at the company she manages. She is worried when the plaintiff alleges that it has "unambiguous proof" that Casey is guilty. Which of the following is most likely true?

If the plaintiff provides proof only up to the level of "clear and convincing," Casey can still be acquitted.

In the context of a court case process, what is the definition of beyond a reasonable doubt?

No other explanation can be derived from the facts—evidence

Moira is ashamed to discover that her son stole an apple from the cafeteria and gave it to another student who had no lunch. She grounds him from watching TV as punishment. Which philosophy of ethics is applies here?

Virtue Ethics

Vivian's company is considering building a huge new department store in a small town. The community argues that the store will disrupt local commerce and harm local business owners. Vivian argues that the store will save money for customers and bring more jobs to the community. Assume both arguments are true.

Indeterminable

DONUT DAY AT THE OFFICE Part 3 Joyce: We had a lawsuit filed about this after the pastry rumble of 2017 and there was . . . oh yeah, I remember there were some specific rules that are detailed out in 34 (b), section 4. Bob: Those stupid rules were just made right after Winfred face-planted in the donuts when he slipped trying to get past Alison. They don't apply here and now. There wouldn't even be donut rules if he'd paid attention to his own big feet. End Part 3

Irrational forces perspective.

The federal government passes a law which a company, JuneCorp, feels unjustifiably discriminates against the company and harms its ability to operate. Under the strict scrutiny test,

JuneCorp can contest the legality of the law if the law doesn't serve a state interest.

Clara is suing David because of a property dispute. Clara and David are from different states, so it is not readily clear which state has jurisdiction over this case. Which of the following is true?

Jurisdiction can fall in whichever state has subject matter or personal jurisdiction, likely depending on which state Clara feels will give her a more favorable outcome for her case.

An appeals court feels that a lower court has made an incorrect judgment concerning a civil law case. Which of the following would be the mostly reason to remand the case back to the lower court?

The appellate court found a mistake of law that occurred during the initial trial.

Lula thinks that people who discipline their children by spanking should be sent to jail and says she would be glad to go to jail if she was caught spanking her child. Which philosophy of ethics is applicable?

Kantianism

DONUT DAY AT THE OFFICE Part 7 Alison: (She stands during David's speech as if inspired but sits down once Bob starts talking.) Bob: Right. Power to the people David. Anyone else hungry? (He tries to slowly move to the donuts and Joyce continues to defend them like a point guard.) Lee: I have an idea that might address all of these issues. What if none of us have any of these donuts but instead we break up into teams and sell them to our coworkers for a profit? Instead of getting one or two donuts, we can stop on our way home and pick up a dozen of them each with our profits. In this case, we ignore the company stick-in-the-mud book regulations because, as you can see, we are obviously presented with some opportunities for a little economic development. Corporate rules here must bow to economic opportunity. If we let our rules block our prosperity, what kind of company will we become?

Law and economics school of thought.

What is the fundamental philosophy of the Law and Economics school?

Law is a function of economic forces

What is the fundamental philosophy of the Sociological school?

Law is a means of redistributing wealth or promoting social justice

What is the fundamental philosophy of the Natural school?

Law is a product of people's inalienable, natural rights

What is the fundamental philosophy of the Command school?

Law is the means by which a ruling class maintains control

DONUT DAY AT THE OFFICE Part 5 Derek: We need someone we can trust who can divide up the donuts. One set of rules and what we've done in the past can't always be applied here. If we had an impartial judge or two in the mix, someone who doesn't like donuts perhaps, they could take into account all of the changing factors impacting our donut sphere and make up rules that will bring glazed-happiness to all who they think need it. End Part 5

Legal realism school of thought.

Sally and Kirk are at odds over the details of a business contract. Neither of them wants to go to court, but they both refuse to make a compromise on the terms they expect from one another. Which of the following would most easily force them to a resolution?

Legally-binding arbitration

Marcus lives in New York but regularly does business in Texas where his company has most of its business contacts. While traveling to Texas from New York, Marcus is sued by the hotel he stays at in Mississippi after he negligently destroys hotel property. Where would jurisdiction most likely fall under long-arm state statutes?

Mississippi

Determine which moral standard of social responsibility the business is observing. Brad's company has a smokestack that pollutes the air in a nearby community. When people begin complaining about the pollution, the company pays to have a stack scrubber installed on the smokestack to limit the pollution but does not respond to the community's complaints.

Moral Minimum Standard

Country A and Country B have had an informal trading arrangement for many years wherein merchants on the border of the countries may freely trade goods without the restriction of fees.

More than one response is correct

NoraCorp wants to meet a moral minimum of ethical behavior in its operations. It is planning a merger with another company which would cause any or all of the following: I) Stock price will go up, positively impacting shareholders II) The company could build a new central headquarters, which would decrease nearby property values III) The company could fire 200 employees IV) The company could afford a new production facility, which would negatively impact the environment and landowners' property. V) The company could offer higher-quality products to customers for lower cost, positively impacting customers. NoreCorp decides to move forward with the merger. All of the above events occur, but NoraCorp offers severance packages to the employees it fires and plans to compensate landowners for damages caused by the new production facility.

NoraCorp has met its moral minimum requirements

If the goal is to remedy social injustice, which of the following is the best tool that matches that goal?

Prevent discrimination

Which of the following lists the burden of proof in level of weight from least to greatest?

Prima facie evidence; Preponderance of evidence; Clear and convincing evidence; Beyond a reasonable doubt

If the goal is to determine procedures for changing the law, which of the following is the best tool that matches that goal?

Provide legislative processes

In the context of a court case process, what is the definition of affirmation?

Ratification of a trial court's decision

Genie's company is considering building an annex to its main factory. While deciding on the project, the board of directors discusses the impact the the annex would have on the local community, shareholders, company profits, and nearby landowners.

Stakeholder Theory Moral Standard

If U.S. law discriminates against a particular class of persons in order to achieve a critical, compelling state interest, it must pass the __________ test in order to be lawful.

Strict scrutiny This comes from the definition of this level of scrutiny.

A law was recently passed in the city of Birmingdon that specifies a long list of restrictions on disposing of different kinds of waste material. The law is long, meticulous, and complicated, and many citizens do not understand all the points of the law or the purpose it is meant to fulfill. Citizens are commonly caught breaking the ordinance. Which law or principle of law will help defend them? Select the most relevant answer for this situation.

Substantive Due Process

In the context of a court case process, what is the definition of deposition?

Testimony out of court during pre-trial investigation

A judge feels strongly that some of the jurors in a current trial have been responding with extreme bias against the defendant. After deliberation, the jury comes to a verdict which the judge does not completely agree with. Which of the following is most likely true?

The judge can make a different judgment, notwithstanding the verdict. A biased jury would be a fair reason to issue a different verdict.

The jury in a criminal case has been deliberating for a week on the decision it will make on a trial. Half of the jurors think the defendant should be acquitted, and half think the defendant is guilty. The jury is having trouble reconciling its many differing opinions. Which of the following will most likely happen?

The jury will likely be hung. This situation exemplifies a typical hung jury situation.

Which of the following is a legitimate purpose of discovery?

To reveal all available information about the facts of the situation Basic definition of discovery in the text.

Adelyn is in a financial dispute with her creditor. She wants to declare bankruptcy because she is finding herself unable to meet the requirements of paying off her debt. Which court that would most likely address this situation?

U.S. Bankruptcy Court

In the context of a court case process, what is the definition of mediation?

Using a third party (specifically) to resolve a dispute

Finley wants to make as many people happy as possible. He steals from a greedy CEO in order to give money to a large number of poor people. Which philosophy of ethics is applicable?

Utilitarianism

The government of Sharonville is deep in debt, and consequently enacts a city ordinance that requires citizens to do volunteer work for the city once per week. Such and act would be in accordance with the __________ school of jurisprudential thought.

command