LAW 1-5

For an international arbitration to take place under the International Court of Arbitration, which of the following must be true? Choose 2 answers.

-The parties must have a written agreement for arbitration. -The agreement to arbitration clause arises out of a commercial legal relationship.

International organizations, such as the United Nations, provide regulatory guidance to their member nations through:

-the adoption of standards. -the establishment of uniform rules.

International laws primarily differ from U.S. laws in which of the following respects? Choose 3 answers.

-who is bound by the law -who can interpret the law -how the law is created

A restriction on commercial speech will be valid if it meets three criteria. What are they? Choose 3 answers.

1. It must seek to implement a substantial government interest.2. It must not be overly restrictive to meet its objectives.3. It must directly advance a government interest.

A common law system differs from a civil law system in which of the following ways?

A common law system relies primarily on case law

An agreement or contract between two or more countries that must be authorized and ratified by the governments of each country is what type of international law?

A treaty

What is the name of the doctrine under which a nation's courts accept the validity of the actions of a foreign nation that are committed by the foreign nation in its own territory?

Act of state doctrine

What is the role of an administrative law judge (ALJ)?

An ALJ is an employee of the agency bringing the charges.

Informal rulemaking of administrative agencies differs from formal rulemaking in the following way:

An ALJ presides over an administrative hearing and issues an order that, when final, may be reviewed by a court.

When a U.S. employer does business abroad, whose laws govern the business?

Both US and the foreign nation law

Which of the following types of law originated from early English history in an effort to provide a body of law that applied to the entire English realm?

Common Law

What is the supreme law of the land?

Constitution

What is true of corporate political speech?

Corporate political speech is protected by the First Amendment

The second component of religious freedom guarantees that people can believe what they want to believe and is called the

Establishment clause

What is the system of government called in which states form a union and share sovereign power with the central government of the union?

Federalism

Fundamental liberties guaranteed to all citizens by the U.S. Constitution include: (Choose three)

Free speech, press, and religion

What is the medium level of scrutiny, sometimes called heightened scrutiny, that a court will use when deciding a case that involves a quasi-suspect class?

Intermediate scrutiny

What is the type of international law that evidences a practice developed over the course of a relationship between nations that is accepted as law?

International custom

If the U.S. Supreme Court determines that a state or federal law violates the U.S. Constitution, it may:

Invalidate the law

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 imperitive

Which theory of jurisprudence holds that the written law of a government is the highest law?

Legal Positisivim

Which branch of government creates statutory law?

Legislative

What must a party do before appealing an agency action in the court system?

Must show direct harm and follow the agency appeal process

The argument that a law should not be followed because it violates the inherent rights of human beings follows which theory of jurisprudence

Natural Law

What is the lowest level of review by a court to determine whether a government action unconstitutionally infringes on protected rights?

Rational basis review

Ethics is the consideration of how one should act, based on which of the following concepts?

Right and wrong

Which of the following is the provision of the U.S. Constitution that establishes federal law precedence over state law?

Supremacy Clause

Who is authorized to enter into treaties under the Constitution?

The President

What are the benefits of the exhaustion doctrine?

The exhaustion doctrine requires resolution of disputes within the agency without involving the court system, except when necessary.

When making a decision using the stakeholder theory of management, a business professional would place more weight on which of the following?

The harm to customers from using the company's product over profits The impact of its decisions on employees over the profitability of the business

Under which of the following will one nation recognize and give effect to the laws and judicial decrees of another nation?

The principle of comity

Milton Friedman argued that a corporate manager's primary responsibility is to:

The shareholders

Agency rules are similar to statutes because of which one of the following?

They are legal requirements and binding as if Congress has passed them.

Under which theory of ethics would a decision be ethical if it provides the greatest benefit for the largest number of individuals?

Utilitarism

Which of the following activities is an example of corporate social responsibility?

establishment of a foundation that funds high school educational initiatives

When an agency needs to enforce the law or its regulations, it may exercise which of the following powers? Choose 3 answers.

investigate complaints and possible violations of its regulations or the law conduct a hearing to obtain a final order issue a subpoena

Under the Foreign Sovereign Immunity Act (FSIA), if a foreign national is entitled to sovereign immunity for an act committed on U.S. soil, the foreign national:

is not subject to the jurisdiction of U.S. courts.

Legal realists would claim:

it doesn't matter what the law says, but who enforces it.

What type of speech does not receive First Amendment protections? Choose 3 answers.

obscenity, defamation, libel, slander, fighting words, and inciting violence.

What is the DOL and what does it do?

the DOL exercises powers associated with the three branches of government: the legislative branch through rulemaking the executive branch through enforcement and the judicial branch through adjudication

What are the three levels of scrutiny used by courts to determine the constitutionality of a government action? Choose 3 answers.

the rational basis test, the intermediate scrutiny test, and the strict scrutiny test.