FINAL EXAM (1-7)
Unlike the United States, most countries do not offer a warranty protection on goods and instead follow the philosophy of:
"Let the buyer beware"
The Federal Register currently totals about how many new pages a year?
70,000
Which of the following is NOT a step in creating an ethical culture?
Allowing employees individual autonomy with respect to their values and choices
ADR is
Alternative Dispute Resolution
Which is an example of a private law?
An employment Contract
Which of the following methods of alternative dispute resolution (ADR) involves a hearing process?
Arbitration
Which of the following is not a court of original jurisdiction?
Arizona Court of Appeals
Which of the following is in the correct order for criminal procedure?
Arrest, initial appearance, arraignment, discovery, omnibus hearing and trial
The Supremacy Clause is found in the
Article VI of the U.S. Constitution.
Which of the following is an advantage to ADR?
Cost
Which of the following is NOT true of criminal laws?
Criminal laws are enforced by the actions of private citizens
Which of the following is an example of the types of laws not found in the United States Code, the enactments of Congress?
Curfews
Which of the following statutes covers taking trade secrets from employers?
Economic Espionage Act
The EU is headed by the:
European Commission.
Which of the following would not be an example of a violation of a criminal law?
Failing to honor the requirements in a contract.
Gaining access to federal databases is a violation of the:
Federal Computer Fraud and Abuse Act.
Due process rights are part of the:
Fifth Amendment.
Which amendment to the U.S. Constitution does not include criminal procedural protections?
First Amendment
In which act are the open meeting laws?
Government in the Sunshine Act
Which of the following is NOT a part of the Wall Street Journal model of ethical analysis?
How would I view the problem if I stood on the other side of the fence?
Which of the following is NOT a part of the Blanchard and Peale model for analysis of ethical issues?
How would this look if reported in the newspaper?
Which of the following are protected under the attorney-client privilege?
Information from lawyer-client conversations regarding a lawsuit.
Which school best describes a company that has as its motto, "Serving shareholders first and foremost"?
Inherence school
Which of the following is an example of a remedy that is traditionally one in equity?
Injunction
Which of the following is a part of the blanchard and peale model for analysis of ethical issues?
Is it legas? Is it balanced? How does it make me feel?
Which case caused many states to pass legislation limiting eminent domain for economic development reasons?
Kelo
The global-warming treaty on greenhouse gas emissions is also known as
Kyoto Treaty
Which of the following is an example of private law?
Landlord's regulations on laundry room hours.
The leadership role in ethical decision-making follows four stages; which is the correct order of these stages?
Latency, awareness, activism, regulation/litigation
Which is not a side effect of ethical conduct by a company?
Less earnings
Which of the following created the European Union?
Maastricht Treaty
Which of the following best describes a company that follows the inherence theory of social responsibility?
Managers answer only to shareholders and act only with shareholders' interests in mind.
Which of the following is the mental element of a crime?
Mens rea
Which of the following would constitute racketeering acts for purposes of establishing a RICO violation?
Money laundering in 1991 and again in 1998.
Which of the following is one ob the basic areas of legal philsophy
Natural law, Justice, Order
Which of the following is NOT one of the general elements of a crime?
Negligence
Which of the following is NOT a ground for challenging an administrative regulation?
No formal public hearings
The trade agreement among the United States, Canada, and Mexico is:
North American Free Trade Agreement
In which of the following circumstances would the law enforcement agency have to have a warrant for the search of the business property (assuming there is no permission to conduct the search)?
Obtaining the hard drive from the computer of the company's treasurer.
Which of the following is not a federal source of law?
Ordinances
Which of the following provides protections for U.S. companies that experience losses in low-income countries?
Overseas Private Investment Corporation
Which of the following is not a form of discovery?
Peremptory challenge
Which of the following is not one of the basic areas of legal philosophy?
Positve Law Theory
Which is not a requirement for a taking by eminent domain?
Preemption
After the comment period ends for a proposed regulation, the agency has three choices what to do; which of these is not one of those choices?
Seek an opinion from the Attorney General.
Which of the following is NOT included in the Bill of Rights?
Separation of powers of the branches of government
Which of the following does not occur at the appellate level?
Testimony
Which of the following is a lesson Bowen McCoy learned as a result of his mountain-climbing experience with the lost sadhu?
That individual employees in a company deserve and require support of the group for their individual needs and concerns.
The first ten amendments to the U.S. Constitution are known as:
The Bill of Rights.
JQC Corporation has just been indicted for violations of federal food labeling laws. JQC's CEO had been warned by a federal agent six months prior to the indictments that there were problems with the company's food labels. The CEO said that he would have his vice president for operations check into the issues and make changes. The vice president for operations was informed, along with members of the board of JQC and the other officers. All discussed the issues with the company labels, but no changes were made and the indictment followed. Who of the following could also be named in the indictment?
The CEO, the vice president for operations, and the board.
Which of the following federal statutes permits citizens to obtain access to the records of federal administrative agencies?
The Freedom of Information Act (FOIA)
What federal law makes it a criminal offense to willfully infringe copyrighted material worth over $1000 using the Internet or other electronic devices?
The No Electronic Theft Act
Which of the following best describes the United States in terms of business negotiations in international business?
The United States is a monochronic, low-context culture.
Which of the following cases would a federal district court not have jurisdiction over?
The probate of the estate of John F. Kennedy, Jr.
Which of the following is NOT true concerning state taxation of interstate businesses?
The state can impose higher taxes on out-of-state companies.
Which of the following is not a component of an ethical culture in business?
Top management staying apart from the ethics program.
The practice of quid pro quo among suppliers and purchasers is:
a conflict of interest.
A default in a lawsuit is like
a forfeit in sports.
A consent decree is comparable to
a nolo contendere plea
A law that requires a review of the work of an agency and its effectiveness before the agency will be permitted to continue is known as:
a sunset law.
The system of different powers in different branches of government is known as:
a system of checks and balances.
The state of Illinois has passed a new statute that requires all commercial trucks using the Illinois roadways to be equipped with a new form of bumper that can reduce fatalities in the event of a head-on crash with a passenger vehicle. The bumpers, however, reduce speed and increase the use of fuel, thereby increasing the cost of transport via commercial truck. Most trucking companies simply stop at the Illinois border and install the Illinois bumpers over their existing bumpers. If a commercial trucking firm wished to challenge the Illinois statute, the best theory to use would be:
the burden on interstate commerce.
The Sarbanes-Oxley Act was enacted in response to:
the collapse of Enron
When a previous case is distinguished from the facts of a case presented to a court:
the court need not follow the precedent.
The cases brought in the United States by citizens of India damaged by the Union Carbide incident in Bhopal were dismissed under:
the doctrine of Forum Non Conveniens.
Religious beliefs or divine revelations are not
the only source of moral standards.
Once an administrative law judge has issued a decision:
the parties must file an appeal with the agency.
An appellee/respondent is:
the party responding to an appeal filed by an appellant/petitioner.
The burden of proof for establishing the allegations in a complaint rests with:
the plaintiff.
The Federal Privacy Act applies
to the inter-agency exchanges of information.
A(n) ________ regulation is one that goes beyond the authority given to the agency.
ultra vires
The Supremacy Clause provides Congress with its exclusive regulatory authority:
under the doctrine of preemption.
Corruption in international business operations:
undermines investment.
A suit brought in the United States to challenge another country's taking of private property:
will be dismissed under the doctrine of sovereign immunity.
An enforcement action by a federal agency begins:
with a complaint.
A city could condemn property
with slum housing and take it for use in the revitalization project for its downtown area.
Plaintiffs or petitioners are the parties who commence actions in
civil cases.
Spain, France, and Germany are countries with
code-based systems of law.
Positive law is
codified law.
The Foreign Sovereign Immunities Act of 1976 prevents:
companies from suing other countries in U.S. courts.
Stare decisis is the
doctrine of following judicial precedent.
The Sarbanes-Oxley Act makes
document destruction a felony crime under obstruction of justice
NAFTA:
does not govern the labor markets and currency of the signing countries.
Bribery has
effect on consumer confidence in an economy
The difference between theft and embezzlement is:
embezzlement requires proof that there was a position of trust such as employment.
The principle that requires businesses to pursue their remedies with agencies before going to court is called:
exhausting administrative remedies.
Under SOX,
fines and jail time are available as criminal penalties.
Due process rights are
found in the fifth and fourteenth amendments.
Businesses lose more money
from crimes committed by employees than they do by theft by shoplifters and other outsiders.
If a case is remanded,
further proceedings are required.
The Foreign Corrupt Practices Act:
has accounting control provisions.
CISG
has been adopted by about 60 countries to aid parties with international contracts for the sale of goods.
A company awards a contract to a firm owned by the father of the state attorney general while the company is under investigation by the state attorney general's office. The father and the company:
have a conflict of interest.
Under the U.S. Constitution, states can regulate interstate commerce:
if the regulation benefits outweigh the burden on interstate commerce.
Jurisdiction over the parties in a case is called:
in personam jurisdiction.
The publication of a proposed rule must be published:
in the Federal Register and in appropriate trade and industry magazines.
The World Trade Organization:
is a body created by GATT for the administration and achievement of GATT objectives.
The European Union:
is a tariff-free group of European countries and has its own currency.
"Everybody else does it":
is an example of one of the ways unethical conduct is rationalized.
The main goal of the European Union
is barrier-free trade.
The doctrine of stare decisis:
is the practice of applying judicial precedent.
Procedural due process:
is the right to be heard before property or rights are taken away.
A consent decree:
is the same as a plea of nolo contendere.
Expropriation:
is the taking of private property by a government.
The theory of law is called
jurisprudence.
The failure of a company or industry to take voluntary action and make an ethical choice usually
leads to litigation or regulation.
The Economic Espionage Act:
makes it a felony to steal a trade secret.
GATT is an example
of a multilateral treaty.
Federal district courts have subject matter jurisdiction:
over criminal cases involving federal statutes.
The situation of abuse of workers in an international setting for a United States corporation is an example of:
permitting organizational abuse.
Commercial corporate speech differs from political corporate speech in that:
political corporate speech enjoys greater First Amendment protection.
The act of state doctrine:
protects the acts of government from review by the other nations' courts.
Moral relativism is:
situational ethics.
The Foreign Assistance Act of 1962 requires
suspension of trade relations with countries that have expropriated the property of U.S. citizens.
A state has power to
tax a foreign corporation on sales within its state.
Under the commerce clause, the federal government has the right to regulate any area of business:
that affects interstate commerce.
Zero-base budgeting means
that an agency does not automatically get the funding level it received in the previous budget and must justify its proposed budget in its entirety.
A federal district court has subject matter jurisdiction over cases in which
the United States is a party.
Expropriation is not
the act of state doctrine.
An enabling act gives
the agency the broad power to deal with the issues the act was passed to address
A plea is entered at:
the arraignment
Which of the following is not a procedural option for an appellate court?
Conducting a new trial
Which of the following is NOT commercial speech?
Business ads in support of a tax resolution going before voters.
Which Act allows private companies to sue spammers?
CAN-SPAM
What of the following is not a purpose of law?
Changing expectations
Which of the following is not a LESCANT factor?
Common law
Place the following in the order they would occur in a lawsuit: answer, counterclaim, complaint, summons.
Complaint, summons, answer, counterclaim
GATT stands for the General Agreement on Tariffs and Trade, and is
an agreement among 100 countries to increase trade by reducing tariffs.
Jurisprudence is:
an area of study focusing on the philosophy of law and the legal system.
The law that gives an agency the power to deal with issues and enforcement is called:
an enabling act.
When the parties involved in an international transaction and the laws differ between two countries involved, the parties must agree on
applicable law in the contract, or the law from country where the contract is performed will be used.
The Federal Privacy Act:
applies to exchanges of information about individuals between federal agencies.
Foreign businesses conducting business within the United States:
are subject to both its civil and criminal laws.
Under the APA, the public comment period for proposed new rules must be:
at least 30 days.
A proposed agency regulation need
be based on any report or study.
Officers of corporations can
be held liable for crimes committed by the corporation
A juror can be eliminated from a jury panel:
because one of the attorneys feels uncomfortable about the juror or his attitude.
The right of a government to take title to property for public use:
requires just compensation.
The Hickenlooper Amendment of the Foreign Assistance Act:
requires the president to suspend trade with those countries that expropriate the property of U.S. citizens.
Penalties for violations of the Foreign Corrupt Practices Act can
run up to $100,000 and five years imprisonment for individuals, and fines of up to $2 million per violations for corporations.
