Term
| T/F: Law is a body of enforceable rules governing relationships among individuals and between individuals and their society |
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Definition
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Term
| T/F: Legal positivists believe that law should reflect universal moral and ethical principles that are part of human nature: |
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Term
| T/F: The doctrine of stare decisis obligates judges to follow precedents established in their jurisdictions. |
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Term
| T/F: Common law develops from rules of law announced in court decisions. |
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Term
| T/F: Statutory law is legislation. |
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Term
| T/F: A federal statute takes precedence over the U.S. Constitution. |
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Definition
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Term
| T/F: Congress enacted the Uniform COmmercial Code for adoption by the states. |
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Definition
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Term
| T/F: Criminal law covers disputes between persons, and between persons and their governments. |
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Term
| T/F: In most states, the same courts can grant legal or equitable remedies. |
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Term
| T/F: A citation includes the name of the judge who decided the case. |
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Definition
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Term
| Taylor is a legal positivist. Taylor believes that |
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Definition
| the written law of a society at a particular time is most significant. |
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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 |
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Definition
| courts o f higher rank only. |
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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 |
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Definition
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Term
| In a suit between Retail Outlets Company and Shippers Mall, Inc., the court orders a rescission. This is |
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Definition
| An action to cancel a contract and return the parties to the positions they held before the contract's formation. |
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Term
| In a given case, most courts may grant |
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Definition
| Equitable remedies, legal remedies, or both. |
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Term
| The U.S. Constitution takes precedence over |
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Definition
| a state constitution, statue, and court decision. |
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Term
| Case law includes interpretations of federal and state |
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Definition
| Administrative rules, statutes, and constitutions. |
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Term
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Definition
| diputes between persons, and between persons and their governments. |
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Term
| The sources of international law include |
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Definition
| international customs, organizations, and treaties, and national law. |
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Term
| A concurring opinion, written by one of the judges who decides a case before a multi-judge panel, is |
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Definition
| a separate opinion that agrees with e court's ruling but for different reasons. |
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Term
| One of the oldest and most significant schools of jurisprudence is |
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Definition
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Term
| The common law may be described as |
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Definition
| general legal principles that evolved over time through curt decisions |
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Term
| A cornerstone of both American and English legal systems is |
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Definition
| the doctrine of stare decisis |
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Term
| Which of the following is not a primary source of law? |
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Definition
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Term
| If a law that violates the U.S. Constitution is challenged in court, the court will |
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Definition
| not enforce the law, no matter what its source may be. |
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Term
| One of the major functions of all administrative agencies is |
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Definition
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Term
| Civil law may best be described as |
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Definition
| the law that governs relations between persons and between persons and the government |
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Term
| The term cyberlaw is used to describe |
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Definition
| the emerging body of law that governs cyberspace transactions |
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Term
| T/F: Ethics is the study of what constitutes right and wrong behavior. |
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Definition
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Term
| T/F: A background in business ethics is as important as knowledge of specific laws |
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Definition
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Term
| T/F: The minimal acceptable standard for ethical behavior is compliance with the law |
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Definition
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Term
| T/F: According to utilitarianism, it does not matter how many people benefit from an act. |
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Definition
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Term
| T/F: The best course towards accomplishing legal and ethical behavior is to act responsibly and in good faith |
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Definition
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Term
| T/F:The ethics of a particular act is always clear |
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Definition
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Term
| T/F: To Foster ethical behavior among employees, managers should apply ethical standards to which they are committed |
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Definition
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Term
| T/F: If an act is legal, it is ethical |
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Definition
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Term
| T/F: The roles that women play in other countries can present ethical problems for U.S. firms doing business internationally. |
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Definition
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Term
| T/F: Bribery of public officials is an ethical issue only |
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Definition
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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 |
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Definition
| the same ethical standards |
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Term
| Darby, an employee of Equipment Sales, Inc., takes a duty-based approach to ethics. Under this standard, Darby believes that she must |
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Definition
| avoid unethical behavior regardless of the consequences. |
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Term
| Mikayla, chief financial officer of Napoli Chocolate Company, adopts religious ethical standards. These involve an element of |
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Definition
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Term
| Eve, an employee of Sterling Credit Bank, takes an outcome-based approach to ethics. With this approach, Eve believes taht she must |
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Definition
| achieve the greatest good for the most people. |
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Term
| Don is a manger with Engineering Aviation Systems. At a company ethics meeting, Don's most effective argument against utilitarianism is that it |
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Definition
| justifies human costs that many persons find unacceptable. |
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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 |
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Definition
| one group as opposed to another. |
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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 |
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Definition
| The actual charge will be substantially higher |
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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 |
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Definition
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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 |
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Definition
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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 |
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Definition
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Term
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Definition
| the study of what constitutes right and wrong behavior |
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Term
| Which of the following actions would NOT be an important factor in setting the right ethical tone for a company? |
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Definition
| Establishing a corporate noncompliance program. |
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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? |
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Definition
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Term
| With respect to business ethics, the moral minimum is |
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Definition
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Term
| There are two fundamental approaches to ethical reasoning in a business environment. These are |
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Definition
| the duty-based and the outcome-based |
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Term
| Duty-based ethical standards are very often derived from |
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Definition
| Principles rooted in religion. |
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Term
| Kant's "categorical imperative" states that |
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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. |
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Term
| A key technique employed by the utilitarians to determine the morality of a given action is |
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Definition
| to conduct a cost-benefit analysis |
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Term
| The Foreign Corrupt Practices Act would prohibit which of the following actions? |
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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 |
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Term
| T/F: Under a long arm statute, a state court can obtain jurisdiction over an out-of-state defendant |
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Definition
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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 |
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Definition
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Term
| The U.S. Supreme Court is the final authority for any case decided by a state court. |
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Definition
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Term
| T/F: Suits involving federal questions originate in federal district courts |
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Definition
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Term
| T/F: An answer may admit or deny the allegations in a complaint |
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Definition
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Term
| T/F: A motion for summary judgement may be supported by sworn statements and other materials. |
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Definition
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Term
| T/F: Only a losing party may appeal to a higher court |
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Definition
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Term
| T/F: Most Lawsuits go to trial |
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Definition
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Term
| T/F: In mediation, a mediator makes a decision on the matter in dispute |
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Definition
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Term
| T/F: Most states do not enforce arbitration clauses |
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Definition
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Term
| Cris serves a complaint on Dru, who files a motion to dismiss. If the motion is denied |
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Definition
| Dru will be given time to file another response |
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Term
| Tierra COmpany files a suit against Undersea Corporation. Before the rial, Tierra can obtain from Undersea |
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Definition
| access to related documents in Undersea's possession |
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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 |
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Definition
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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 |
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Definition
| Delaware, New Jersey, or New York |
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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 |
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Definition
| the law that applied to the issues in the case |
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Term
| Jon files a suit against Keyes, and loses. Jon appeals, and loses again. the U.S. Supreme Court is |
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Definition
| not required to hear the case |
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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 |
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Definition
| conducted substantial business with Illinois residents at its site |
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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 |
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Definition
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Term
| Cobb and Roberts submit their dispute to binding arbitration. A court can set aside the arbitrator's award if |
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Definition
| the award violates public policy |
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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 |
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Definition
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Term
| The doctrine of judicial review allows |
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Definition
| the judiciary to decide whether laws or actions of the other branches of government are constitutional |
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Term
| Before a court may hear a case, it must have juisdiction |
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Definition
| over the person against whom the case is brought or the property at issue and the subject matter involved in the case. |
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Term
| Courts may have either general or ___ jurisdiction. |
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Definition
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Term
| The federal court system does not consist of which of the following |
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Definition
| The U.S. Chamber of Commerce |
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Term
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Definition
| the complain and the answer |
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Term
| The process of obtaining information from an opposing party prior to going to trial is known as |
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Definition
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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 |
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Definition
| a judgment notwithstanding the verdict |
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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 |
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Definition
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Term
| Which of the following is normally not available at the Web sites of courts today? |
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Definition
| "Virtual trials" that allow parties and jurors to appear via video conferencing systems. |
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Term
| Which of the following normally is not available to online dispute resolution? |
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Definition
| The service provider makes findings of fact and recommends how a court should proceed |
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Term
| T/F: A federal form of government is one in which a central authority holds all power |
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Definition
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Term
| T/F: The president can hold acts of Congress and of the courts unconstitutional |
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Definition
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Term
| T/F: Congress can regulate any activity that substantially affects commerce |
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Definition
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Term
| T/F: A state law that substantially impinges on interstate commerce is unconstitutional |
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Definition
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Term
| T/F: When there is a direct conflict between a federal law and a state law, the federal law is invalid |
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Definition
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Term
| T/F: Some constitutional protections apply to businesses |
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Definition
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Term
| T/F: The Bill of Rights protects against various types of interference by the federal government only |
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Definition
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Term
| T/F: Any restriction on commercial speech is unconstitutional |
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Definition
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Term
| T/F: Due process and equal protection are different terms for the same thing |
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Definition
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Term
| T/F: A right to privacy is not specifically guaranteed to the U.S. Constitution |
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Definition
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Term
| Of the three branches of the federal government provided by the Constitution, the branch that makes the laws is |
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Definition
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Term
| TriState Business Corporation markets its products in three states. Under the commerce clause, Congress can regulate |
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Definition
| any commercial activity in the U.S. |
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Term
| Southeast Shipping Company challenges an Alabama state statute, claiming that it unlawfully interferes with interstate commerce. A court will likely |
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Definition
| balance Alabama's interest in regulating the matter against the burden on interstate commerce |
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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 |
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Definition
| Constitutional under the First Amendment |
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Term
| An Ohio state statute band certain advertising to prevent consumers from being misled. A court would likely hold this statute to be |
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Definition
| constitutional under the First Amendment |
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Term
| Procedures used in Oklahoma and other states in making decisions to take life, liberty, or property are the focus of constitutional provisions covering |
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Definition
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Term
| A Vermont statute that limits the liberty of all persons to engage in a certain activity may violate constitutional provisions covering |
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Definition
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Term
| A Harbor City ordinance that restricts most vendors from doing business in a heavily trafficked area might be upheld under constitutional provisions covering |
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Definition
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Term
| If South Carolina enacts a statute that directly conflicts with a federal law |
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Definition
| the federal law takes precedence |
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Term
| The First Amendment protects Nancy and others from |
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Definition
| dissemination of obscene materials and speech that harms their good reputations or violates statue criminal laws |
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Term
| Under a federal form of government, the relationship between states and the central government may be described as |
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Definition
| a partnership in which the federal government and the states share sovereign powers |
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Term
| The system of checks and balances set forth the U.S. Constitution allows |
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Definition
| allows each branch to limit the actions of other branches |
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Term
| The commerce clause of the U.S. Constitution authorizes |
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Definition
| Congress to regulate commerce |
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Term
| Police powers allow states to |
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Definition
| regulate private activities to promote public health, safety, and general welfare |
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Term
| If Congress passes a 2 percent tax on cigarette sales in New Jersey only, this law will most likely be held |
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Definition
| unconstitutional according to Article I, Section 8 |
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Term
| Courts traditionally give the right of free speech |
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Definition
| the fullest possible protection |
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Term
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Definition
| prohibits government from creating a state-sponsored religion |
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Term
| Substantive due process focuses on |
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Definition
| the content of legislation |
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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 |
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Definition
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Term
| Which of the following is not a federal statute protecting privacy rights? |
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Definition
| The Protection of Personal Privacy Act |
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