BUA 220 Exam #1

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Although legal systems have greatly varied from one society to another, one extraordinary example of a detailed written code comes from:

The Visgoths

The U.S. Constitution became one of the most important documents ever written by:

- Creating a limited government of three branches
- Guaranteeing basic liberties to all citizens

The Minnesota legislature passed a law requiring that employers allow each employee adequate time within each four consecutive hours of work to utilize the nearest convenient restroom. This law is:

A statute

Common law refers to:

Law made when judges decide casesa and then follow those decisions in later cases

The doctrine of stare decisis:

Makes law more predictable

In 1992, the North Carolina Supreme Court ruled in a case entitled Goodman v. Wenco Foods, Inc., that when a substance in food causes injury to a consumer of the food, it is not a bar to recovery against the seller that the substance was natural to the food. If, in a 2010 case involving a consumer's injury caused by a fish bone in a bowl of fish chowder, the court followed the decision in Goodman v. Wenco Foods, Inc., the court's action in the second case is an example of:

Stare decisis

The Occupational Safety and Health Administration promulgated a rule requiring guards for hand-fed circular crosscut table saws. The purpose of the guards is to keep employees clear of any danger zones. This rule is:

Administrative law

Congress enacted legislation in 1933 to regulate the securities industry and prohibit various forms of fraud with securities. The Securities Exchange Act of 1934 was passed a year later. This law created the Securities and Exchange Commission (SEC) as an independent regulatory entity whose function is to administer the two laws. The SEC has generated rules and regulations to administer these acts. These rules and regulations are:

Administrative law

In 1998, the President of the United States and other world leaders signed an agreement on global warming called the Kyoto Protocol. Subsequently, the Senate was asked to ratify the agreement. The Kyoto Protocol is:

A treaty

President Nixon issued wage-price controls in an effort to stabilize the economy. This use of executive power was:

A valid use of power, known as an executive order

The three branches of government in the United States are:

The executive, legislative, and judicial

The federal judicial branch of the U.S. government:

Interprets statutes

The President of the United States:

Oversees administrative agencies

Tony raped Jane in the parking lot of Joe's Brew Pub. The District Attorney's office prosecuted Tony on rape charges. Subsequently, Jane filed a lawsuit against Tony for money damages. Classify each legal action.

The District attorney's case was a criminal case; Jane's lawsuit was a civil case

Which of the following would be an example of a civil lawsuit?

Gretta hit Rita in the bar during happy hour.Rita is now suing for her injuries

Henry David Thoreau felt that war was unjust and therefore refused to pay his taxes when the United States declared war on Mexico. Henry David Thoreau's neighbor agreed that war was unjust but paid his taxes because the law required him to pay the tax, the neighbor would be applying the jurisprudential theory of:

Legal Positivism

Henry David Thoreau felt that war was unjust and therefore refused to pay his taxes when the United States declared war on Mexico. Thoreau felt that there was a higher law than the law of the land. Which theory of jurisprudence was he applying?

Natural Law

The notion of civil disobedience is founded on what principle?

Natural Law

Martin Luther King, Jr.'s views on ethics were most similar to those of:

Saint Augustine

Does ethical behavior maximize profitability?

There is no universal agreement on the answer to this question

Why should ethics be a concern to business?

All of the above:
1. Society as a whole benefits from ethical behavior
2. People feel better when they behave ethically
3. Unethical behavior can be very costly

Which of the following is NOT a question in the ethics checklist?

How much profit will an alternative earn for my company?

In analyzing a situation to determine how to act ethically, a business manager should:

Determine whether an alternative is legal

John discovered his company's accountant was "skimming" money from the business. The accountant agreed to pay John a one-time payment of $25,000 not to report the skimming to company officials. The accountant promised she would pay the money back when she could. John accepted the money and never reported what he knew. A year later the accountant was fired when the embezzlement was discovered. She was also prosecuted for theft. The payment to John was never discovered. Which statement is correct?

John's act was unethical and illegal

Paul decided he did not want the new jeans he had purchased from a large discount department store. He had worn them three times and decided he just did not like them. The jeans fit him and there is nothing wrong with them. He takes the jeans back to the store and, as is its policy, the store gave him a full refund of his money. Paul's conduct was:

Unethical

Grace needed to reduce her workforce by 35 people. Before notifying them, she thought about how she would feel if she were the one receiving the news, and she tried to find ways to help the employees in their transition. Grace was exemplifying the value of:

Compassion

Which of the following values are considered almost universal?

Courage

Chelvam is the director of quality control. Chelvam rejected some parts as non-conforming to the specifications. Chelvam's supervisor directs him to accept the parts. Which value might give Chelvam the strength to oppose his supervisor?

Courage

Lois is running for political office. She trails the incumbent and decides to start running a series of "attack ads." The attack ads are very effective and one week before the election it appears that she has drawn even with her opponent. Lois admits that the attack ads were exaggerations and contained some distortions. Which statement is correct?

Lois has engaged in unethical behavior

The ethics checklist:

Filters out decisions that are downright wrong

The observation that "The one and only social responsibility of business is to increase profits" can be attributed to:

Milton Friedman.

Jeffrey Sachs, an economist and adviser to developing nations, has expressed concern that:

There are too few sweatshops

Advantages of Alternative Dispute Resolution (ADR) include that ADR:

All of the above:
1. Is faster than litigation
2. Keeps the parties talking rather than fighting
3. Is less expensive than litigation

The fastest growing method of dispute resolution in the United States is:

Mediation

Holt and Collins decide to have their dispute arbitrated by Corrales. Which of the following will NOT be a result of the arbitration?

Holt and Collins retain the right to a class action

Jurisdiction is:

The authority of a court to decide a particular type of case

Which of the following is not a type of trial court of limited jurisdiction?

A general civil division court

Tony fell and injured himself in a Mega Toy Store. Mega Toy Store is incorporated in Delaware. Tony is a resident of Nevada but was injured in a Mega Toy Store located in Arizona. Mega Toy does not do business in Nevada. Tony's damages exceed $100,000. If Tony decides to sue Mega Toy Store:

Either:
1. He may file the lawsuit in an Arizona state court
2. He may file a lawsuit in a federal district court in Arizona

An appeals court

Ensures that the lower court correctly applied the law to the facts

Federal jurisdiction based upon a "federal question" includes cases based on:

All of the above:
1. The US Constitution
2. A federal statute
3. A federal treaty

Randi, a resident of Oregon, was involved in an auto accident while in Idaho. The other party lives in Wyoming. Randi wishes to recover the $28,000 cost of repairing her car. The most appropriate court in which she could file her lawsuit is a:

State court in Idaho

A United States district court is:

The primary federal trial court

When an appeal is filed with the U.S. Supreme Court, the Supreme Court:

Generally has discretion as to which case it hears

A civil case generally proceeds as follows:

Complaint, answer, discovery, trial, verdict

After answering a summons and complaint, Mike was questioned under oath in the presence of his lawyer and the plaintiff's lawyer. This discovery technique is called:

A deposition

Judge Zellar was asked to decide if a plaintiff could see the interrogatories procured by the defendant. The judge viewed the documents alone, not in the presence of the lawyers, and decided that the interrogatories should be made available to the plaintiff. The judge made:

An in camera inspection

During discovery, Haskins Co. has been asked to produce all e-mails relating to a current lawsuit against it. Haskins Co. will not have to produce:

E-mails that contain privileged material

In Jones v. Clinton, the court held:

Paula Jones did not demonstrate the essential elements for her claim

The United States has taken a position that legal issues are best resolved by lawsuits involving parties with conflicting interests presenting their strongest possible case to a neutral factfinder. Because of this, the legal system in the United States is considered:

An adversary system

The law of evidence:

determines what questions a lawyer may ask, how the questions are to be phrased, what answers a witness may give, and what documents may be introduced.

When an appellate court hears a case, it may:

All of the above:
1. Affirm the decision
2. Reverse the decision
3. Modify the decision

Roxanne was injured when she fell in a hole while walking across her landlord's parking lot. She and her lawyer hope they can settle the claim. A case can be settled:

At any time

The essence of common law is:

The concept of stare decisis

Psychologist Holtz is working with a patient, Rebecca, who has expressed the intention to seriously harm two of her acquaintances. If you apply the principle set forth by the Supreme Court of California in the Tarasoff v. Regents of the University of California case, Psychologist Holtz:

Has a duty to exercise reasonable care to protect foreseeable victims of Rebecca;s violence

Karen is a strong swimmer. One afternoon she is having a picnic at a lake and sees a man she does not know drowning. Generally, Karen has:

No legal duty to rescue the man

Statutory law is to legislative bodies as common law is to:

Courts

Which of the following is not a reason for a bill to be introduced in a legislature?

Legislators are attempting to retroactively make a certain act a crime

If legislation is lengthy, such as the Civil Rights Act of 1964, it may be divided into smaller parts, each of which covers a major issue. These smaller parts of the statute are called:

Titles

The U.S. Supreme Court was asked to decide whether same-sex sexual harassment is a violation of Title VII of the Civil Rights Act. This law forbids discrimination in employment on the basis of sex. In interpreting statutes, the court may use which of the following?

All of the above:
1. The plain meaning rule
2. Public policy
3. Legislative history

The "business necessity" requirement was placed in the 1964 Civil Rights Act through:

1. Congressional action, along with President Bush's signature, in 1991
2. Supreme Court interpretation in the Griggs case

What is the major distinction between executive and independent agencies?

The president has greater control over executive

Congress creates a federal agency by:

Passing enabling legislation

Which of the following methods of administrative agency rulemaking requires a public hearing?

Formal rule making

A subpoena duces tecum is different from an ordinary subpoena in that a subpoena duces tecum:

Requires the person to bring specified documents to the court or administrative hearing

Generally, an initial adjudication before an administrative agency is conducted by:

An administrative law judge

In December, the Environmental Protection Agency (EPA) filed an administrative complaint against Marlin Firearms Co. alleging that the company exceeded chromium emissions limits. The EPA proposed a $257,162 fine. Which statement is correct concerning administrative agency adjudication?

The losing party has a right to appeal

The Bill of Rights refers to:

The first ten amendments to the Constitution

The power to regulate international commerce can best be described as:

The federal government has exclusive

The "dormant" aspect of the Commerce Clause:

Is also known as the negative aspect

The United States v. Lopez case demonstrates which of the following?

Limitations on federal power

Judicial review can best be described as the power of federal courts to:

Review states and federal legislative and executive action

The Supreme Court's approach during the period from the 1950s through the 1970s in deciding cases on constitutional grounds is described as:

Judicial activism

Every year the U.S. Supreme Court receives about 8,000 requests to review cases. Of this number, the Court will hear about:

100

The process of extending virtually all of the important constitutional protections to all levels of national, state, and local government is called:

Incorporation

Lori and her friends burn an American flag as an act of political protest. Lori is arrested for violating a state law that prohibits flag burning. The Supreme Court has ruled that laws making it illegal to burn an American flag:

Are void because they violate a person's right to freedom of speech

If Oregon passed a statute that prohibited liquor stores from engaging in any kind of advertising, that statute would be:

Invalid as an unreasonable restriction of free speech

Which of the following limitations does not apply to the government in civil proceedings to take a person's liberty or property?

The Equal Protection Clause

A law that prohibits out-of-state residents from using a state's parks violates the Constitution's:

Equal Protection Clause

Laws that regulate economic or social issues:

Will be upheld only if they are rationally related to a legitimate goal

A woman wishes to attend an all-male, publicly supported college. She claims the college is violating the Equal Protection Clause of the Constitution. What level of scrutiny will the court use when deciding this case?

Intermediate security

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