218 Practice Test 1 - Flashcards

question

Businesspersons are expected to make decisions that are ethically sound.

answer

True

question

Administrative law includes only state regulations.

answer

False

question

There is really no reason to be acquainted with business laws and government regulations, except to pass this test.

answer

False

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

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True

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All states have intermediate appellate courts.

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False

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Stare decisis is a doctrine obligating judges to follow the precedents established within their jurisdictions.

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True

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Statutes are laws enacted by Congress and the state legislatures and comprise one of the sources of American law.

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True

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Law consists of enforceable rules governing relationships among individuals and between individuals and their society.

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True

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Maggie and Nate enter into a contract for the sale of a car, but Nate later refuses to deliver the car. Maggie asks a court to order Nate to perform as promised. Ordering a party to perform what was promised is:

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Specific Performance

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In studying the legal environment of business, Professor Dooley's students also review ethics in a business context. Ethics includes the study of what constitutes

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Fair or just behavior

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The Bay City Planning Department, the Coastal County Zoning Commission, the Delaware Environmental Quality Agency, and the U.S. Bureau of Land Management issue regulations. These rules constitute

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Adminstrative laws

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Tami's Tasty Tacos, a fast food outfit, files a suit against the state of Texas, claiming that a Texas state law violates the commerce clause. The court will agree if the statute imposes a substantial burden on

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Interstate Commerce

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Lyle, vice-president of sales for Mi-T Electric, Inc., adheres to Judeo-Christian religious ethical standards. With respect to their application, these standards are

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Absolute

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To Cody, the written law of a particular society at a particular time is most significant. Cody is a

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Legal Positivist

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With respect to the potential for American Discount Stores, Inc., and any other major corporation to suffer damage to its reputation or loss of profits through negative publicity, the Internet has

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Increased the potential

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Standard Business Company appeals a decision against it, in favor of Top Flight Corporation, from a lower court to a higher court. Standard is:

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The appellant

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Fresh Harvest Company, which is based on Georgia, packages and sells vegetables. Jack, who is a resident of North Carolina, buys a Fresh Harvest product, eats it, and suffers severe food poisoning. Jack wants to file a suit against Fresh Harvest. The diversity of citizenship between these parties means that

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federal and state courts have concurrent jurisdiction.

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The Texas Supreme Court decides the case of Livewire Co. v. Power Corp. Of nine justices, five believe the judgment should be in Livewire's fa-vor. Justice Bellamy, one of the five, writes a separate opinion. The four justices who believe the judgment should be in Power's favor join in a third separate opinion. Refer to Fact Pattern 1-1. The opin-ion joined by the four justices who favor Power is known

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dissenting opinion

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Eliza is a state court judge. Flora appears in a case in Eliza's court, claim-ing that Glover breached a contract. Which of the following actions may Eliza take?

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Award damages or issue a decree of specific performance

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Karen is a judge hearing the case of Local Dispatch Co. v. National Transport Corp. Applying the relevant rule of law to the facts of the case requires Karen to find previ-ously decided cases that, in relation to the case under con-sidera-tion, are

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As similar as possible

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A provision in the California state constitution conflicts with a provision in the U.S. Constitution. If challenged

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the U.S. Constitution, not the state provision, will be enforced

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Negotiation is the most complex form of alternative dispute resolution

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False

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On a motion for judgment on the pleadings, a court may consider evidence outside the pleadings

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False

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In mediation, the mediator proposes a solution that includes what com-pro-mises are necessary to reach an agreement:

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True

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Interrogatories are written questions for which written answers are prepared and signed under oath

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True

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A motion for a new trial will be granted only if a constitutional issue is involved

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False

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Cases involving diversity of citizenship arise only between citizens of different states

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False

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An answer never admits to the allegations made in a complaint

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False

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Justin wants to file a suit against Kemel. For a court to hear the case

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the court must have jurisdiction

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To initiate a lawsuit, Darla files a complaint against E-Sales Company, which responds with an answer. Together, the complaint and answer are

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The pleadings

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Transnational Corporation and United Shipping, Inc., agree to a contract that includes an arbitration clause. If a dispute arises, a court having ju-ris-dic-tion may

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Order a party to submit to arbitration

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Milo files a suit against Nick in an Ohio state court, noting that Nick op-erates a Web site through which Ohio residents have done substan-tial business with him. The court is most likely to have jurisdiction over Nick if Milo's claim arises from

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Nick's web site activities

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Hua, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jac, a resident of Kentucky. Jac files a suit against Hua in Indiana. Regarding this suit, Indiana hasNothing an ohio resident has done

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in rem jurisdiction.

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Ethics is less certain than law

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True

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The effectiveness of a company's code of ethics is determined by the commitment of the company leadership to enforcing the code

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True

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Compliance with the law does not necessarily fulfill all ethical obligations

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True

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In making decisions for Smartt Investments, Rita uses a cost-benefit analysis. This is a part of

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utilitarian ethics

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A common ethical dilemma faced by the management of Spencer Hydraulics Corporation involves the effect that its decision will have on

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one group as opposed to another

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To assist in detecting illegal bribes, International Civil Engineers, Inc., and all other U.S. companies must

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Keep records that "accurately and fairly" reflect their financial activities

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Julia, the head executive of Fine Woolen Sweaters, Inc., is a committed Christian who strongly adheres to the Ten Commandments. One of Julia's employees is found to be stealing sweaters and giving them to a local homeless shelter. Julia is likely to

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punish the employee for stealing even though the employee's motive was benevolent.

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Eden, the chief executive officer of Flo-Thru Piping Corporation, wants to en-sure that Flo-Thru's activities are legal and ethical. The best course for Eden and Flo-Thru is to act in

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Good faith

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In deciding questions of corporate social responsibility, Valley Disposal & Recycling, Inc., is concerned with

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how the corporation can best fulfill any ethical duty to society. whether the corporation owes any ethical duty to society. the effect on corporate profits of ignoring any ethical duty to society (All the choices)

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Straitway Company encourages its managers to behave ethically, reasoning that the employees will take their cues from management. One of the most important ways to create and maintain an ethical behavior workplace is for management to

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demonstrate a commitment to ethical decision making.

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Carrie Ann works at Paper Products, Inc. She considers taking home a few sheets of stationery so she can write letters to her ailing grandmother. Since Paper Products produces thousands of sheets of stationery every day no one will miss the few sheets she takes and company profits will not be affected. Carrie Ann then considers what would happen if every employee took some stationery home and decides not to take any. Carrie Ann is being influenced by

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the categorical imperative.

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Preemption occurs when Congress chooses to act exclusively in a concurrent area and a valid federal statue or regulation takes precedence over a conflicting state or local law

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True

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The Bill of Rights protects individuals against types of interference by the federal government

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True

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The First Amendment requires a complete separation of church and state

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False

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The First Amendment protects corporate political speech

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True

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A restriction on commercial speech is valid as long as it forbids only the expression of views on controversial issues

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False

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The President appoints federal judges with the advice and consent of the Senate

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True

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Because the Constitution does not specifically state a right to privacy, this right is denied to people.

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False

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California enacts a statute to ban advertising in "bad taste." This stat-ute would likely be held by a court to be:

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an unconstitutional restriction of speech.

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Beachside City enacts an ordinance that bans the distribu-tion of all printed materials on city streets. Carl opposes the city's latest "revenue-enhancing" measure and wants to protest by distributing handbills. In his suit against the city, a court would likely hold the printed-materials ban to be

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an unconstitutional restriction of speech.

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Mary creates a t-shirt design that expresses her support for a presidential candidate and distributes t-shirts to all her friends. The t-shirts are an example o

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symbolic speech

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Congress enacts a law that sets out a rigorous medical-device premarket approval process for the U.S. Food and Drug Administration to follow. The law includes a preemption provision. Moe is injured by a device that underwent the process and files a claim under New Hampshire state law to recover for the injury. The court will most likely rule that

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the federal law preempts Moe's state law claim

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Machismo Motor Sales Corporation regularly advertises its off-the-road vehicles, all-terrain vehicles, and other products. Under the First Amendment, these ads and other commercial speech are given

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less extensive protection than noncommercial speech.

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Orin claims that a Pennsylvania state statute infringes on his "substantive due process" rights. This claim focuses on

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the content of the statue

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In 2015, Congress enacts the Act to Restrict Commercial Speech (ARCS). The ARCS will be considered valid if it directly advances a substantial government interest

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but goes no further than necessary to achieve its purpose.

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Common law is a term for the laws that are familiar to most of us.

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false

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Equity is a branch of law founded in justice and fair dealing that seeks to supply a remedy when no adequate remedy at law is available.

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True

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Many different laws may apply to a single business transaction

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True

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Government authorities cannot enforce na-tional law.

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False

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Stare decisis is a doctrine obligating judges to help persons who have failed to protect their own rights.

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False

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Laws and government regulations affect almost all business activities.

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True

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Common law is the same as statutory law

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False

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Smith Saddlery is a saddle shop subject to the laws of New York. In New York, the highest-ranking (superior) law is

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a provision in the New York constitution

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Data Analytics, Inc., is a corporation engaged in the business of compiling, analyzing, and marketing data. To accomplish its purposes, Data Analytics obtains financing, and hires and fires employees. Laws and government regulations affect such business activities as

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business financing. the manufacturing and marketing of products hiring and firing decision All of the above

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Owen is a federal judge whose judicial decisions are part of case law, which does not include interpretations of

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sound bites in the media

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Under Ohio's state constitution, the Ohio Environmental Protection Agency issues a new rule, the Polk County Commission approves a new property tax measure, and the professors and students at Ohio Law School publish the results of their most recent legal research. Sources of law do not include

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the results of legal scholars' resear

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The best definition of a precedent is

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a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts.

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In Benny v. City Car Dealership, a state supreme court held that a minor could cancel a con-tract for the sale of a car. Now a trial court in the same state is decid-ing Daphne v. Even Steven Auto Deals, Inc.,, a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to

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allow the minor to cancel the contract

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Starlight Café brings a suit, seeking a remedy at law. A remedy at law is

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the payment of money or property as compensation for damages

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Chelsea is a state court judge. Like judges in most state courts, in a particular case, she may grant

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a remedy in equity and a remedy at law

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The amount in controversy in a diversity of citizenship case must be more than $1 million before a federal court can take jurisdiction.

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False

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Federal courts are superior to state courts.

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False

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A state long arm statute allows a court to exercise jurisdiction over out-of-state defendants based on activities that took place within the state.

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True

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A default judgment is a judgment entered against the party who brought the claim before the court.

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False

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A state court can exercise jurisdiction over an out-of-state defendant who does business in the state only over the Internet.

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True

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A deposition is sworn testimony by a party to a lawsuit or any witness.

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True

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There is at least one federal district court in every state.

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True

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A business firm may have to comply with the laws of any jurisdiction in which it actively targets customers.

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True

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The case of Max v. National Credit Co. is heard in a trial court. The case of O! Boy! Ice Cream Co. v. Refrigerated Transport, Inc. is heard in an appellate court. The difference be-tween a trial and an appellate court is whether

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the proceedings focus on the presentation of evidence and the examination of witnesses

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Martha brings a suit against SafeCars, Inc. claiming that she was injured during a car crash due to defects in the car she had purchased from SafeCars. There is no evidence that Martha was injured in the accident, but the trial court awards her $1 million in damages. SafeCars appeals the decision. The appellate court will most likely

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modify the trial court's finding of fact because the finding was clearly erroneous

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Sandy, a resident of Illinois, wants to file suit against Carl, a resident of Kansas, over Carl's failure to pay Sandy for work on his house. The amount in dispute is $15,000. Under diversity of citizenship requirements, a federal cannot exercise jurisdiction in this case because

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the amount in controversy is less than $75,000.

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Bean Vendors, Inc., and Java Bistros Corporation dispute a term in their contract. Refer to Fact Pattern 2-1. The least expensive method of resolving the dis-pute between Bean and Java may be

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negotiation because no third parties are needed

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In Kettle Cafe's suit against Food Services, Inc., the court issues a judgment in Kettle's favor. The judgment can be appealed to an appropriate court of appeals by

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Either party

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David, an Alabama resident, files a suit in an Alabama court against QuickAds, an Internet company based in Georgia that provides advertising services. QuickAds's only contact with persons in Alabama has been through QuickAds's passive advertising. In this case, the Alabama court most likely

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does not have jurisdiction

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Solar Power, Inc., files a suit against Thunder Bay Utility Company and seeks to examine electronic documents in Thunder's possession. A legitimate reason for this examination is that the documents contain

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Evidence about the case

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A business firm's profits may suffer if the firm is not a "good corporate citizen."

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True

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Adhering strictly to all business laws is all that is necessary to fulfill all business ethics obligations.

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False

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Duty-based ethical standards often come from religious precepts or through philosophical reasoning.

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True

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Managers should apply the same ethical standards to themselves and to their employees.

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True

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Ethics is concerned with the fairness or justness of an action

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True

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Corporations can be perceived as owing ethical duties to groups other than their shareholders

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True

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To be a "good citizen," when making decisions a business should not evaluate the public relations impact.

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False

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Margaret is the top manager of Pecans, Inc. She sets strict ethical standards for all employees. Margaret, however, often takes some of the company's best nuts and sells them from her house. The ethical tone at Pecans, Inc. is

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not likely to be good because although Margaret sets strict ethical standards for the other employees, she does not follow them.

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Destiny and Eduardo, investors in Competitive Acquisitions Corporation, are dissatisfied with the profit-maximization theory of corporate objectives. These investors and others who look beyond profits and dividends may consider the triple bottom line, which does not include a corporation's

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congressional lobbying activities

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At a meeting of employees, Fuel Injection Design & Manufacturing, Inc.'s managers announce the creation of a new company-wide code of ethical conduct and the initiation of an ad campaign to publicize the new code. They also say that any employees who do not adhere to the code will be discharged. The effectiveness of this code will be determined by

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the commitment of company leadership to enforcing the code.

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Flexo Trucking Company transports hazard-ous waste. Garn is a Flexo driver, whom the company knows drives longer hours than federal regula-tions permit. One night, Garn exceeds the limit and has an accident. Spilled chemicals contaminate Hill City's water source, forcing the residents to move away. Flexo acted unethically because

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Flexo showed reckless disregard for Hill City's residents and others

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Any decision by the management of Fast-Food Franchise Corporation may significantly affect its

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

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Bob, research manager for CornAgri Products, Inc., ap-plies utilitarian eth-ics to determine that an action is morally correct when it produces the greatest good for

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the most people

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In making business decisions, Glenda, personnel manager for HVAC Maintenance, Inc., applies her belief that all persons have fundamental rights. This is

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the principle of rights

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Peak & Vale Accountants provides other firms with accounting services. Questions of what is ethical involve the extent to which Peak & Vale has

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an ethical duty beyond those duties mandated by law

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Under their police powers, states can regulate only public activities, such as political demonstrations.

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False

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Under the Constitution, the judicial branch interprets the laws

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True

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All powers not specifically delegated to the federal government are reserved to the states.

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True

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Under the Constitution, the judicial branch is responsible for foreign affairs.

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False

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Substantive due process focuses on the substance of legislation

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TRUE

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A law that restricts people of a certain national origin from doing something will be carefully examined to make sure it promotes a compelling government interest before it is allowed to stand.

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True

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Procedural due process requires that any government decision to take a person's property must be made fairly

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True

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A law that has any impact on religion is unconstitutional

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False

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Martin, a U.S. citizen, feels that a recently enacted federal law is unfair. He assembles a group of friends and they write a petition to the government. Martin and friends then stand quietly in front of the White House with signs declaring their belief that the law is unfair. Under the First Amendment, Martin has a right to

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both petition the government and assemble peaceably

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California enacts a statute to ban advertising in "bad taste." This stat-ute would likely be held by a court to be

answer

an unconstitutional restriction of speech.

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Jon, a law enforcement official, monitors Kelsey's Internet activities—e-mail and Web site visits—to gain access to her personal financial data and student information. This may violate Kelsey's right to

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Privacy

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A federal law regarding the labeling of pesticides directly conflicts with a state law. The state law will be rendered invalid due to the

answer

the supremacy law

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In 2015, Congress enacts the Act to Restrict Commercial Speech (ARCS). The ARCS will be considered valid if it directly advances a substantial government interest

answer

but goes no further than necessary to achieve its purpose

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Reusable Energy Corporation regularly expresses opinions on political issues. Under the First Amendment, corporate political speech is

answer

protected

question

Serenity City enacts an ordinance that bans the use of "sound amplifying systems" on public streets. Tyler wants to campaign for a seat on the city council by broadcasting his message through speakers mounted on a truck. In Tyler's suit against the city, a court would likely hold the ordinance to be

answer

constitutional under the First Amendment

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A court may depart from a precedent if the precedent is no longer valid

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True

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The President determines the jurisdiction of the federal courts.

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False

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A small business owner is likely to face legal questions when determining ways to reduce his small business's taxes.

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True

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State laws are the supreme law of the United States

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False

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Much of American law is based on

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The english legal system

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In a suit against Knut, Leon obtains an injunction. This is

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an order to do or to refrain from doing a particular act.

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There are no precedents on which the court deciding the case Financial Investment Co. v. Goodhands Insurance, Inc., can base its decision. The court may conside

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basing a decision on public policy or social customs and values.

question

The Texas Supreme Court decides the case of Livewire Co. v. Power Corp. Of nine justices, five believe the judgment should be in Livewire favor. Justice Bellamy, one of the five, writes a separate opinion. The four justices who believe the judgment should be in Power's favor join in a third separate opinion. Refer to Fact Pattern 1-1. The opinion joined by the four justices who favor Power is known as

answer

A dissenting opinion

question

Beth is a victim of Carl's violation of a criminal law. Criminal law is concerned with

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Wrongs committed against the public as a whole

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Leona enters into a contract with Munchie Bakery to cater a sales conference. When the conference is postponed indefinitely, Leona asks a court to cancel the contract and return the parties to the positions that they held before its formation. This request involves

answer

Recession

question

The United States Supreme Court has original jurisdiction in some situations

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True

question

Concurrent jurisdiction exists when both federal and state courts have the power to hear a particular case.

answer

True

question

International law is the law of a foreign nation and varies from country to country

answer

False

question

Administrative law consists of the rules, orders, and decisions of administrative agencies.

answer

True

question

The federal government and the states have the same constitution.

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False

question

In order to truly understand our legal system, it is important to understand the origins of the common law tradition

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True

question

Money or property, including land, are remedies at law

answer

True

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Statutory law includes state statutes and ordinances passed by cities and counties.

answer

True

question

Mikkala is a well-known professional athlete. Mikkala Co. owns trademarks, including "mikkala," that it uses to sell merchandise. Norm owns photos of Mikkala that he markets through his Web site, mikkalapics.com. Under the principles discussed in "A Sample Court Case," Experience Hendrix, L.L.C. v. Hendrixlicensing.com Ltd., Norm's domain name most likely

answer

infringes the "mikkala" mark.

question

The Texas Supreme Court decides the case of Livewire Co. v. Power Corp. Of nine justices, five believe the judgment should be in Livewire's fa-vor. Justice Bellamy, one of the five, writes a separate opinion. The four justices who believe the judgment should be in Power's favor join in a third separate opinion. Refer to Fact Pattern 1-1. Bellamy's opin-ion is

answer

a concurring opinion

question

The Pennsylvania legislature enacts a state law that violates the U.S. Constitution. This law can be enforced by

answer

No one

question

Congress enacts a statute, the Federal Deposit Insurance Corporation (an administrative agency) issues rules, the Southeast Financial Institutions Association (a private organizations) issues instructions, South Valley Bank posts a memo with orders for its employees, and Tina tells her co-worker about a recent news story. Sources of law include

answer

the rules issued by federal administrative agencies.

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Jane enters into a contract with Jill to provide 100 roses for a dinner party. Jane fails to deliver the roses. Jill initiates a suit against Jane, asking the court to order Jane to deliver the roses. Jill is:

answer

the plaintiff.

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Any relevant material, except information stored electronically, can be the object of a discovery request.

answer

False

question

State courts cannot have exclusive jurisdiction.

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False

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U.S. district courts have original jurisdiction in federal matters

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True

question

Carol files a suit against Andy in a state trial court and loses. Carol

answer

can plead her case before an appellate court.

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Elinor sells Cathy a horse for $2,000. When Elinor goes to the bank to deposit Cathy's check, the check bounces. Elinor is furious and files suit against Cathy. Elinor probably filed her suit in

answer

a probate court.

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A Montana state court can exercise jurisdiction over Endurance Insurance Corporation, an out-of-state defendant, if the defendant has

answer

minimum contacts with the state.

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Fact Pattern 2-1 (Questions 31-33 apply) Bean Vendors, Inc., and Java Bistros Corporation dispute a term in their contract. Refer to Fact Pattern 2-1. The least expensive method of resolving the dis-pute between Bean and Java may be:

answer

negotiation because no third parties are needed.

question

An ethical code of conduct typically outlines a company's policies.

answer

True

question

Business ethics focuses on ethical behavior in the business world

answer

True

question

There is no debate that employees have an absolute right to free expression to make negative posts in social media about other employees and managers.

answer

False

question

Some companies set up confidential systems for employees to "raise red flags" about suspected unethical practices.

answer

True

question

Management's behavior sets the ethical tone of a firm.

answer

True

question

Carrie Ann works at Paper Products, Inc. She considers taking home a few sheets of stationery so she can write letters to her ailing grandmother. Since Paper Products produces thousands of sheets of stationery every day no one will miss the few sheets she takes and company profits will not be affected. Carrie Ann then considers what would happen if eve

answer

the categorical imperative.

question

Applied Business Corporation makes and markets its products nationwide. Under the stakeholder approach, to be considered socially responsible when making a business decision, Applied must take into account the needs of

answer

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

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Precision Engineering Inc., like other corporations, is subject to laws that are broad in their purpose and their scope. Compliance with these laws is not always sufficient to determine "right" behavior because

answer

the law does not codify all ethical requirements.

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According to utilitarianism, an action that affects the majority adversely is morally wrong.

answer

True

question

According to the view that New Allied Manufacturing Corporation is a "citizen," New Allied is expected to:

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participate in bettering communities and society.

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Ryan, the owner of SuperMart Stores, Inc., adheres to the "principle of rights" theory. Under this theory, a key factor in determining whether a business decision is ethical is how that decision affects: the "right" thing to do.

answer

the rights of others

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To assist in detecting illegal bribes, International Civil Engineers, Inc., and all other U.S. companies must: conceal financial records that reveal past bribe

answer

keep records that "accurately and fairly" reflect their financial activities.

question

Symbolic speech is defined as nonverbal expressions of belief and is protected by the First Amendment

answer

True

question

The President appoints federal judges with the advice and consent of the Senate

answer

True

question

A law that limits only some persons' exercise of a fundamental right is valid under any circumstances.

answer

False

question

The checks and balances in the U.S. Constitution prevent any one branch of government from exercising too much power

answer

True

question

Under their police powers, states can regulate only public activities, such as political demonstrations.

answer

False

question

The President determines the jurisdiction of the federal courts

answer

False

question

Brad stands in front of Rooster's Round-Up Café, shouting "fighting words" that are likely to incite Rooster's patrons to respond violently. The First Amendment protects such speech

answer

none of the time

question

Julia is a U.S. citizen. She establishes a website that posts threatening messages about celebrities. Her website is

answer

not protected by the First Amendment

question

Beachside City enacts an ordinance that bans the distribu-tion of all printed materials on city streets. Carl opposes the city's latest "revenue-enhancing" measure and wants to protest by distributing handbills. In his suit against the city, a court would likely hold the printed-materials ban to be

answer

an unconstitutional restriction of speech.

question

Antonin, a federal judge, retires. The vacant position will be filled by a judge

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Appointed by the president

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Marie claims that a Nebraska state statute infringes on her "procedural due process" rights. This claim focuses on

answer

procedures used in making decisions to take life, liberty, or property.

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Congress enacts a law prohibiting toys made in China from being sold in the United States. The Hawaii state legislature enacts a law allowing the sale of Chinese-made toys. Hawaii's law will most likely be struck down under

answer

the supremacy clause.

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There are twelve justices on the United States Supreme Court

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False

question

Megan, a resident of Ohio, runs a red light in Texas and hits Sarah, a Texas resident. Sarah files suit against Megan. The statute that allows the Texas court to exercise jurisdiction over Megan is called

answer

a long arm statute

question

David, an Alabama resident, files a suit in an Alabama court against QuickAds, an Internet company based in Georgia that provides advertising services. QuickAds's only contact with persons in Alabama has been through QuickAds's passive advertising. In this case, the Alabama court most likely

answer

does not have jurisdiction

question

Tyler, a citizen of West Virginia, files a suit in a West Virginia state court against Louisville Sales Corporation, a Kentucky state company that does business in West Virginia. The court has original jurisdiction, which means that

answer

The case is being heard for the first time

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During the trial phase of Fuel Corporation's suit against Gas Stations, Inc., their attorneys engage in voir dire. This is

answer

The selection of jurors

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Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. After its review of Kelly v. Lewis, the appellate court upholds the lower court's verdict. The appellate court has

answer

Affirmed the case

question

Lyn files a suit against Karl. Karl denies Lyn's charges and sets forth his own claim that Lyn breached their contract and owes Karl money for the breach. Karl's claim is

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A counterclaim

question

Setting realistic workplace goals can increase the probability that employees will act unethically

answer

False

question

Corporations can be good citizens by promoting goals that society deems worthwhile

answer

True

question

An ethics program can clarify what a company considers to be unacceptable conduct

answer

True

question

Focusing on a firm's short-term profits without considering the company's long-term needs may be acting unethically.

answer

True

question

Ethics can be highly subjective and subject change over time.

answer

True

question

Hailey, a lawyer on the staff of International Group, always considers the consequences of an action rather than the nature of the action itself when making ethical decisions in a business context. Hailey is apply

answer

the utilitarian theory of ethics in business contexts

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The terms "due process" and "equal protection" mean the same thing.

answer

False

question

In a country with a federal form of government, the national government and the states share sovereign power

answer

True

question

The establishment clause of the U.S. Constitution prohibits the federal government from establishing a state-sponsored religion

answer

True

question

Mary creates a t-shirt design that expresses her support for a presidential candidate and distributes t-shirts to all her friends. The t-shirts are an example of

answer

Symbolic Speech

question

Don, a U.S. citizen, is the owner of Egrets Unlimited, Inc. Egret's competitors include Feathered Friends Company (FFC), which is owned by Greg and Huey. The Bill of Rights embodies a series of protections for Don against types of interference by

answer

the government only.

question

South Dakota, like other states, may regulate private activities to protect or promote the public order, health, safety, and general welfare under

answer

The state's police powers

question

The Financial Institutions Association would like a certain law enacted, administered, interpreted, and enforced in the best interest of its members, which include banks. Under the Constitution, Congress

answer

Makes the laws

question

Bailey, the president of Carmichael Commodities Company, claims that certain actions by the federal government and by the state of Delaware infringe on rights guaranteed by the Bill of Rights. All of these rights limi

answer

the federal government only

218 Practice Test 1 – Flashcards

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