Law Midterm

Twitter and Elon Musk are embroiled in what kind of lawsuit?

Administrative

What is a special master?

A judge's helper

Which company is seeing a boom in labor organizing?

Amazon, Starbucks, Apple

The case against Nirvana and its record label involved what kind of claim?

Child sexual exploitation

Alex has been sued by Will for failure to pay rent for their apartment which source of law will govern this lawsuit?

Civil law

Consequences of being convicted a crime include all of the following except:

Damages

An example of an intentional tort is:

Defamation, Assault, Malicious prosecution

All of the sections of the Bill of Rights apply to corporations and commercial activities.

False

Who decides the business ethics for a company?

Leadership

Ethical rules can be based on deep values of an organization which may include

Quality of products and services, Commitment to customers, How the organization gives back to the community

Which of the following happens at an arraignment?

The defendant is informed of the charge and enters a plea

A state law that conflicts with the U.S. Constitution will be deemed unconstitutional.

True

Businesses can be charged with crimes.

True

Judges use precedent when deciding a case in a common law legal system.

True

Molly was found not guilty in a criminal prosecution for murder, but she could be found liable in a civil proceeding involving the same facts.

True

When can government agents obtain a search warrant?

When they can establish probable cause

National Consumer Goods Corporation and Paula Purchaser agree to resolve their dispute in arbitration. The arbitrator's decision is called:

an award

Dale hears Ed falsely accuse Flo of stealing from Galore Warehouse, Inc., their employer. Ed's statement is defamatory

because Dale heard it

Eva owns Fast-Rate Salvage, a demolition company. A demolition by a Fast-Rate crew injures Glen, a passerby. Under the theory of strict liability, Eva must pay for Glen's injury

whether or not the Fast-Rate crew was at fault

A Texas bar was charged with violation of a criminal human trafficking law. Criminal law is concerned with

wrongs committed against the public as a whole

According to the ___ Amendment to the Constitution, all powers that the Constitution neither gives exclusively to the federal government nor takes from the states are reserved for the states.

10th

The equal protection clause, stating that no state shall "deny to any person within its jurisdiction the equal protection of the laws," is located in which amendment

14th

Mudge, the Twitter whistleblower, has testified before Congress that

50 percent of Twitter's over 7,000 employees could potentially access any user's personal information

A person trained in conflict resolution is considered:

A mediator

The founder of Patagonia transferred the business to

A nonprofit and a trust

Britney, an employee of Computer Associates, is arrested at work. A grand jury issues a formal charge against Britney for larceny. This charge is

An indictment

Jim files a suit against Kay. Before going to trial, the parties meet, with their attorneys to represent them, to present their dispute to a third party who is not a judge but who renders a legally binding decision. This is:

Arbitration

Roger and Larry are having a dispute regarding their joint business. They want to have a binding resolution to their dispute, but they would prefer to have the dispute handled privately and by someone with special expertise. The best form of dispute resolution for their problem would be:

Arbitration

Social enterprise businesses include

Benefit corporations, L3Cs, Statutory public benefit limited partnerships

Which of the following are stakeholders of a business?

Customers, Managment and employees, Shareholders/owners

Connie, the president of a company that makes paper, has a new interest in the environment. She has to face the fact that her company has been cheating and is not in compliance with applicable environmental regulations due to dumping in a nearby river. Her company has never been cited, however, because it employs a very large number of people in the community, including the mayor's wife and the chief-of-police's brother. On her mission to clean things up, Connie has decided to go even further than the law requires and install the very latest environmental protections. When she announced her plan, the chair of the company's board of directors, Brooke, had a meeting with Connie. Brooke told Connie to analyze the situation carefully because the cost of the additional equipment would mean no dividend to shareholders and no raise for employees. Furthermore, Brooke told Connie that installing all the new equipment would result in higher prices for the company's paper products and could bankrupt the company because of foreign competition. Brooke hinted that Connie could be fired if she persisted. Brooke suggested that Connie just be concerned with a minimal standard of ethics. Which of the following is the minimal standard that a business must meet in a consideration of business ethics?

Decisions must be legal

Bank teller Ben receives $1,000 from a customer for deposit into the customer's bank account. Instead of placing the money into the customer's account, Ben puts it into his pocket. Which of the following offenses has he committed?

Embezzlement

The federal government and the state governments constitute the U.S. legal system. This system is based on the legal system of:

England

What is the function of law in the United States?

Establish standards, Promote consistency, & Promote, provide, and maintain order.

An arbitrator's award is always the final word on a matter.

False

Federal administrative agencies specify the powers of Congress.

False

Managers must apply different standards to themselves than they apply to their employees.

False

One characteristic of an abnormally dangerous activity is that it involves a low degree of risk.

False

The Foreign Corrupt Practices Act prohibits foreign officials from entering the U.S. to conduct illegal business.

False

The Patient Protection and Affordable Care Act's (also known as Obamacare) provision that mandated that individuals not insured through employment obtain minimum essential health insurance or face a penalty was upheld as constitutional by the 11th Circuit.

False

The company you work for can prevent you from wearing pro-union attire.

False

The prosecution in a criminal case need only establish by a preponderance of the evidence that the defendant committed the crime.

False

Tort is a French word for "court."

False

The doctrine aimed at dividing the governing powers between the federal governments and the states is:

Federalism

The Bernie Madoff Victim Fund is made up of money from what source?

Forfeiture

Brett Favre may be accused of (but hasn't yet been accused of) what type of crime?

Fraud

The Theranos trials against Elizabeth Holmes and Sunny Balwani involved what kind of claim?

Fraud

In deciding questions of corporate social responsibility, Mega Deals, Inc., is concerned with

How the corporation can best fulfill its duty to society, The effect on corporate profits of ignoring any duty to society, Whether the corporation owes a duty to society

Juul is paying a settlement to a group of states for:

Marketing to teens

Mona offers Ned, a building inspector, money to overlook the violations in her new warehouse. Ned accepts the money and overlooks the violations. Mona is charged with the crime of bribery. The crime occurred when

Mona offered the bribe

Is privacy a right guaranteed by the US Constitution?

Mostly yes, it's implied

Betty files a suit against Carl. Before going to trial, the parties meet, with their attorneys to represent them, to try to resolve their dispute without involving a third party. This is:

Negotiation

What's the first step in alternative dispute resolution?

Negotiation

Lawsuits over the COVID-19 vaccine between Pfizer and Moderna are based on what kind of law?

Patent

Which of the following is an investment swindle in which high profits are promised from fictitious sources and early investors are paid off with funds raised from later investors?

Ponzi scheme

As a judge, Phil applies common law rules. These rules develop from

court decisions

Regulations are:

Rules adopted by administrative agencies

When the First Amendment is concerned, which of the following does the term "political speech" reference?

Speech that occurs when corporations support political candidates or referenda

The River City Council, the Santa Clara County Board, the Texas state legislature, and the U.S. Congress pass laws. These laws constitute:

Statutory Law

Which of the following refers to the basic fairness of laws that may deprive an individual of their life, liberty, or property?

Substantive due process

The benefits of corporate responsibility for a business include

Talent attraction, Consumer influence, Improved perception by investors

What type of information was released to the media this week from the Twitter/Musk trial?

Text messages

Let's hypothetically say Michigan passes a law prohibiting the importation of out-of-state apples in order to help in-state growers. Which of the following is the best argument for the out-of-state growers who wish to challenge the new law?

That it violates the dormant commerce clause

Which clause provides that the Constitution, laws, and treaties of the United States constitute the supreme law of the land?

The Supremacy Clause

Earth Movers, Inc., uses dynamite to prepare land for highway projects. Strict liability is imposed on this activity because

the activity is of a dangerous nature

Which of the following is an example of the state's exercise of its police power?

The enactment of criminal laws, building codes, zoning laws, sanitation standards for restaurants, and regulations for the practice of medicine

Whistleblowers can be protected from retaliation by

The law and Whistleblower policies at their companies

Which of the following is an exception to the rule that administrative searches usually require search warrants?

The pervasive-regulation exception

All of the following are the most common applications of arbitration in the business context except:

Torts

Money laundering includes making "dirty" money appear to be the "profit" of a legitimate business.

True

Some of the rights in the Constitution's Bill of Rights extend to Corporations

True

The 14th Amendment is related to the Bill of Rights.

True

The Fyre Festival founder was convicted of criminal fraud and sued in civil court for fraud.

True

The U.S. Constitution is the supreme law of the United States.

True

Where can you find a codification of federal laws?

United States Codes

Lola files a suit against Mac, a medical doctor, alleging negligence. As a physician, Mac is held to the standard of

a reasonable physician

Lara is indicted. Mac, the arresting officer, advises Lara of her right to counsel. Lara waives the right and confesses to the crime. Later, Lara claims that her confession should be excluded as evidence from her trial. The statement will most likely be

admitted because Lara made it after being advised of her rights

The case of Depp v. Heard was a claim for

defamation

Any decision by the managers of a company may significantly affect the firm's

employees, owners, suppliers, the community, or society as a whole

Universal Assembly Company makes espresso machines and sells one to Vim through a misrepresentation on the label on which Vim relies and that results in an injury to Vim. Universal is most likely liable for

fraud

Ethan, the president of Financial Investments, Inc. (FII), and Gina, FII's accountant, are charged with a crime, after the police search FII's offices. Under the exclusionary rule

illegally obtained evidence must be excluded from a trial

Quality Paper Corporation (QPC) makes and sells its products nationwide. To be considered socially responsible when making a business decision, QPC could take into account the needs of

its employees, owners, consumers, the community, and society

General Auto, Inc., needs to cut costs by downsizing. In determining which employees to discharge, General Auto will most likely weigh

its ethical duty to long-term employees, its profit margin, and the legality of discharging older workers

Direct Mail Sales Corporation regularly advertises its products. Under the First Amendment, these ads and other commercial speech are given

less protection than noncommercial speech

Kit carelessly bumps into Luke, knocking him to the ground. Kit has committed the tort of negligence

only if Luke is injured

Dan Price first made headlines in the U.S. for

paying his employees a minimum wage of $70,000 per year

Kelly is an appliance salesperson. Kelly commits fraud if, to make a sale, she

represents as a fact something that she knows is untrue

In the case between LIV Golf and the PGA Tour, the PGA countersued LIV Golf for

tortious interference with contract

Quinn, a clerk at PC Computer Store, takes a computer from the store without PC's permission. Quinn is liable for conversion

under any circumstances

Jay drops a bowling ball on Kyla's foot. Jay is liable for negligence if he acted

unreasonably