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BLAW 231
Dr. Yeargain test 1
117
Business
Undergraduate 2
02/10/2014

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Term
T/F: Law is a body of enforceable rules governing relationships among individuals and between individuals and their society
Definition
True
Term
T/F: Legal positivists believe that law should reflect universal moral and ethical principles that are part of human nature:
Definition
False
Term
T/F: The doctrine of stare decisis obligates judges to follow precedents established in their jurisdictions.
Definition
True
Term
T/F: Common law develops from rules of law announced in court decisions.
Definition
False
Term
T/F: Statutory law is legislation.
Definition
True
Term
T/F: A federal statute takes precedence over the U.S. Constitution.
Definition
False
Term
T/F: Congress enacted the Uniform COmmercial Code for adoption by the states.
Definition
False
Term
T/F: Criminal law covers disputes between persons, and between persons and their governments.
Definition
False
Term
T/F: In most states, the same courts can grant legal or equitable remedies.
Definition
True
Term
T/F: A citation includes the name of the judge who decided the case.
Definition
False
Term
Taylor is a legal positivist. Taylor believes that
Definition
the written law of a society at a particular time is most significant.
Term
In a suit between Best Products, Inc., and Central Sales Corporation, the court applies the doctrine of stare decisis. This means that the court follows rules of law established by
Definition
courts o f higher rank only.
Term
In a suit between Delta Data Company and Eagle Info, Inc., the court applies the doctrine of stare decisis. This requires the court to find cases that, compared to the case before it, has
Definition
similar facts
Term
In a suit between Retail Outlets Company and Shippers Mall, Inc., the court orders a rescission. This is
Definition
An action to cancel a contract and return the parties to the positions they held before the contract's formation.
Term
In a given case, most courts may grant
Definition
Equitable remedies, legal remedies, or both.
Term
The U.S. Constitution takes precedence over
Definition
a state constitution, statue, and court decision.
Term
Case law includes interpretations of federal and state
Definition
Administrative rules, statutes, and constitutions.
Term
Civil law concerns
Definition
diputes between persons, and between persons and their governments.
Term
The sources of international law include
Definition
international customs, organizations, and treaties, and national law.
Term
A concurring opinion, written by one of the judges who decides a case before a multi-judge panel, is
Definition
a separate opinion that agrees with e court's ruling but for different reasons.
Term
One of the oldest and most significant schools of jurisprudence is
Definition
natural law
Term
The common law may be described as
Definition
general legal principles that evolved over time through curt decisions
Term
A cornerstone of both American and English legal systems is
Definition
the doctrine of stare decisis
Term
Which of the following is not a primary source of law?
Definition
A legal encyclopedia
Term
If a law that violates the U.S. Constitution is challenged in court, the court will
Definition
not enforce the law, no matter what its source may be.
Term
One of the major functions of all administrative agencies is
Definition
rulemaking
Term
Civil law may best be described as
Definition
the law that governs relations between persons and between persons and the government
Term
The term cyberlaw is used to describe
Definition
the emerging body of law that governs cyberspace transactions
Term
T/F: Ethics is the study of what constitutes right and wrong behavior.
Definition
True
Term
T/F: A background in business ethics is as important as knowledge of specific laws
Definition
True
Term
T/F: The minimal acceptable standard for ethical behavior is compliance with the law
Definition
True
Term
T/F: According to utilitarianism, it does not matter how many people benefit from an act.
Definition
False
Term
T/F: The best course towards accomplishing legal and ethical behavior is to act responsibly and in good faith
Definition
True
Term
T/F:The ethics of a particular act is always clear
Definition
False
Term
T/F: To Foster ethical behavior among employees, managers should apply ethical standards to which they are committed
Definition
True
Term
T/F: If an act is legal, it is ethical
Definition
False
Term
T/F: The roles that women play in other countries can present ethical problems for U.S. firms doing business internationally.
Definition
True
Term
T/F: Bribery of public officials is an ethical issue only
Definition
False
Term
Trent is a marketing executive for Unique Appliance Company. Compared to Trent's personal choices, is actions in the busienss world require the application of
Definition
the same ethical standards
Term
Darby, an employee of Equipment Sales, Inc., takes a duty-based approach to ethics. Under this standard, Darby believes that she must
Definition
avoid unethical behavior regardless of the consequences.
Term
Mikayla, chief financial officer of Napoli Chocolate Company, adopts religious ethical standards. These involve an element of
Definition
Compassion
Term
Eve, an employee of Sterling Credit Bank, takes an outcome-based approach to ethics. With this approach, Eve believes taht she must
Definition
achieve the greatest good for the most people.
Term
Don is a manger with Engineering Aviation Systems. At a company ethics meeting, Don's most effective argument against utilitarianism is that it
Definition
justifies human costs that many persons find unacceptable.
Term
In resolving an ethical problem, in most cases a decision by Oil Production Services, or any business firm, will have a negative effect on
Definition
one group as opposed to another.
Term
Ethical standards would most likely be considered violated if Light & Sound Services, Inc., represents to Studio Film Production Company that certain services will be performed for a stated fee, but it is apparent at the time of the representation that
Definition
The actual charge will be substantially higher
Term
Stefanie, the president of Hiway Trucking, Inc., tries to ensure that Hiway's actions are legal and ethical. To ensure this result, the best course of Stefanie and Hiway is to act in
Definition
Good faith
Term
Pew, an executive with Black Spot Corporation, follows the "principle of rights" theory, under which an action my be ethical depending on how it affects
Definition
the rights of others
Term
Treasure Trove, Inc., a U.S. corporation, makes a side payment to the minister of commerce of Tuvalu for a favorable business contract. in the U.S. this payment would be considered
Definition
illegal and unethical
Term
Ethics may be defines as
Definition
the study of what constitutes right and wrong behavior
Term
Which of the following actions would NOT be an important factor in setting the right ethical tone for a company?
Definition
Establishing a corporate noncompliance program.
Term
Which of the following acts requires companies to set up confidential systems so that employees and others may "raise red flags" about suspected illegal and unethical auditing and accounting practices?
Definition
The Sarbanes-Oxley Act
Term
With respect to business ethics, the moral minimum is
Definition
compliance with the law
Term
There are two fundamental approaches to ethical reasoning in a business environment. These are
Definition
the duty-based and the outcome-based
Term
Duty-based ethical standards are very often derived from
Definition
Principles rooted in religion.
Term
Kant's "categorical imperative" states that
Definition
the morality of an action should be judged by the effects the action would have if everyone in the same situation or category acted the same way.
Term
A key technique employed by the utilitarians to determine the morality of a given action is
Definition
to conduct a cost-benefit analysis
Term
The Foreign Corrupt Practices Act would prohibit which of the following actions?
Definition
The bribery of a prime minister of a foreign country to further the chances that the company paying the bribe will obtain a lucrative government contract
Term
T/F: Under a long arm statute, a state court can obtain jurisdiction over an out-of-state defendant
Definition
True
Term
T/F: Doing substantial business in a jurisdiction over the Internet can be enough to support a court's jurisdiction over an out-of-state defendant
Definition
True
Term
The U.S. Supreme Court is the final authority for any case decided by a state court.
Definition
False
Term
T/F: Suits involving federal questions originate in federal district courts
Definition
True
Term
T/F: An answer may admit or deny the allegations in a complaint
Definition
True
Term
T/F: A motion for summary judgement may be supported by sworn statements and other materials.
Definition
True
Term
T/F: Only a losing party may appeal to a higher court
Definition
False
Term
T/F: Most Lawsuits go to trial
Definition
False
Term
T/F: In mediation, a mediator makes a decision on the matter in dispute
Definition
False
Term
T/F: Most states do not enforce arbitration clauses
Definition
False
Term
Cris serves a complaint on Dru, who files a motion to dismiss. If the motion is denied
Definition
Dru will be given time to file another response
Term
Tierra COmpany files a suit against Undersea Corporation. Before the rial, Tierra can obtain from Undersea
Definition
access to related documents in Undersea's possession
Term
Enterprise Realty COmpany, which is based in Florida, owns commercial property in Georgia. A dispute arises over the ownership of the property with Holly, a resident of Idaho. Holy files a suit against Enterprise in Georgia. In this suit, Georgia has
Definition
In rem jurisdiction
Term
Center Hotels Corporation was incorporated in Delaware, has its main office in New Jersey, and does business in New York. Centre is subject to the jurisdiction of
Definition
Delaware, New Jersey, or New York
Term
SImplex Packaging, Inc., loses its suit against Tempura Foods Corporation. Simplex's best ground for an appeal is the trial court's interpretation of
Definition
the law that applied to the issues in the case
Term
Jon files a suit against Keyes, and loses. Jon appeals, and loses again. the U.S. Supreme Court is
Definition
not required to hear the case
Term
USA Corporation, which is based in Texas, advertises on the Web. A court in Illinois would be most likely to exercise jurisdiction over USA if the company
Definition
conducted substantial business with Illinois residents at its site
Term
Gabriella files a suit against Huey. Before going to trial, the parties meet with their attorneys to represent them, to try to resolve the dispute without involving a third party. This is
Definition
negotiation
Term
Cobb and Roberts submit their dispute to binding arbitration. A court can set aside the arbitrator's award if
Definition
the award violates public policy
Term
Jill submits a claim against Ken to LetsSettle.com, an online dispute resolution forum. An appeal of this dispute may be made to a court by
Definition
Jill or Ken
Term
The doctrine of judicial review allows
Definition
the judiciary to decide whether laws or actions of the other branches of government are constitutional
Term
Before a court may hear a case, it must have juisdiction
Definition
over the person against whom the case is brought or the property at issue and the subject matter involved in the case.
Term
Courts may have either general or ___ jurisdiction.
Definition
limited
Term
The federal court system does not consist of which of the following
Definition
The U.S. Chamber of Commerce
Term
The pleadings consist of
Definition
the complain and the answer
Term
The process of obtaining information from an opposing party prior to going to trial is known as
Definition
discovery
Term
After a trial, if a lawyer asks the judge to set aside the jury's verdict and rule in favor of her client instead, the lawyer would be asking for
Definition
a judgment notwithstanding the verdict
Term
Joe and Krista have a dispute concerning a contract. They dice to try to settle the problem themselves, without the help of a third party. This type of ADR is known as
Definition
negotiation
Term
Which of the following is normally not available at the Web sites of courts today?
Definition
"Virtual trials" that allow parties and jurors to appear via video conferencing systems.
Term
Which of the following normally is not available to online dispute resolution?
Definition
The service provider makes findings of fact and recommends how a court should proceed
Term
T/F: A federal form of government is one in which a central authority holds all power
Definition
False
Term
T/F: The president can hold acts of Congress and of the courts unconstitutional
Definition
False
Term
T/F: Congress can regulate any activity that substantially affects commerce
Definition
True
Term
T/F: A state law that substantially impinges on interstate commerce is unconstitutional
Definition
True
Term
T/F: When there is a direct conflict between a federal law and a state law, the federal law is invalid
Definition
False
Term
T/F: Some constitutional protections apply to businesses
Definition
True
Term
T/F: The Bill of Rights protects against various types of interference by the federal government only
Definition
False
Term
T/F: Any restriction on commercial speech is unconstitutional
Definition
False
Term
T/F: Due process and equal protection are different terms for the same thing
Definition
False
Term
T/F: A right to privacy is not specifically guaranteed to the U.S. Constitution
Definition
True
Term
Of the three branches of the federal government provided by the Constitution, the branch that makes the laws is
Definition
the legislative branch
Term
TriState Business Corporation markets its products in three states. Under the commerce clause, Congress can regulate
Definition
any commercial activity in the U.S.
Term
Southeast Shipping Company challenges an Alabama state statute, claiming that it unlawfully interferes with interstate commerce. A court will likely
Definition
balance Alabama's interest in regulating the matter against the burden on interstate commerce
Term
A Nevada state statute bans business entities from making political contributions that Individuals can make. A court would likely hold this statute to be
Definition
Constitutional under the First Amendment
Term
An Ohio state statute band certain advertising to prevent consumers from being misled. A court would likely hold this statute to be
Definition
constitutional under the First Amendment
Term
Procedures used in Oklahoma and other states in making decisions to take life, liberty, or property are the focus of constitutional provisions covering
Definition
Procedural due process
Term
A Vermont statute that limits the liberty of all persons to engage in a certain activity may violate constitutional provisions covering
Definition
substantive due process
Term
A Harbor City ordinance that restricts most vendors from doing business in a heavily trafficked area might be upheld under constitutional provisions covering
Definition
equal protection
Term
If South Carolina enacts a statute that directly conflicts with a federal law
Definition
the federal law takes precedence
Term
The First Amendment protects Nancy and others from
Definition
dissemination of obscene materials and speech that harms their good reputations or violates statue criminal laws
Term
Under a federal form of government, the relationship between states and the central government may be described as
Definition
a partnership in which the federal government and the states share sovereign powers
Term
The system of checks and balances set forth the U.S. Constitution allows
Definition
allows each branch to limit the actions of other branches
Term
The commerce clause of the U.S. Constitution authorizes
Definition
Congress to regulate commerce
Term
Police powers allow states to
Definition
regulate private activities to promote public health, safety, and general welfare
Term
If Congress passes a 2 percent tax on cigarette sales in New Jersey only, this law will most likely be held
Definition
unconstitutional according to Article I, Section 8
Term
Courts traditionally give the right of free speech
Definition
the fullest possible protection
Term
The establishment clause
Definition
prohibits government from creating a state-sponsored religion
Term
Substantive due process focuses on
Definition
the content of legislation
Term
If a law or action prohibits or inhibits some people from exercising fundamental right, the law or action will be subject to what level of scrutiny by courts
Definition
Strict scrutiny
Term
Which of the following is not a federal statute protecting privacy rights?
Definition
The Protection of Personal Privacy Act
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