Business Law 231 Test 1 – Flashcards
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Law is the body of enforceable rules governing relationships among individuals and between individuals and there society
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True
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Legal positibists believe that law should reflect universal moral and ethical principles that are part of human nature
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False
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The doctrine of stare decisis obligates judges to follow precedents established within their jurisdictions
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True
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Common law develops from rules of law announced in court decisions
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False
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Statutory law is legislation
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True
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A federal statute takes precedence over the U.S. Constitution
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False
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Congress enacted the Uniform Commercial Code for adoption by the states.
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False
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Criminal law covers disputes between persons, and between persons and their governments.
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False
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In most states, the same courts can grant legal or equitable remedies.
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True
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A citation includes the name of the judge who decided the case.
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False
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Tom is a legal positivist. Tom Believes that...
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The Written law of a society at a particular time is most significant
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In a suit between Best Productions, 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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Courts of Higher rank only
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In a suit between Delta Data Company and Eagle Information, 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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Similar facts
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In a suit between Fine Sales Company and Great Goods, Inc., the court orders a rescission. This is...
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An action to cancel a contract and return the parties to the positions they held before the contract's formation.
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In a given case, most courts may grant...
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Equitable remedies, legal remedies, or both.
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The U. S. Constitution takes precedence over...
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A state constitution, statute, and court decision.
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Case law includes interpretations of federal and state...
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administrative rules, statutes, and constitutions.
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Civil law concerns...
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Disputes between persons, and between persons and their governments.
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The sources of international law include...
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international customs, organizations and treaties, and national law.
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A concurring opinion, written by one of the judges who decides a case before a multi- judge panel, is...
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a separate opinion that agrees with the courts ruling put for different reasons.
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Ethics is the study of what constitutes right and wrong behavior.
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True
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A background in business ethics is as important as knowledge of specific laws.
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True
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The minimal acceptable standard for ethical behavior is compliance with the law.
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True
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According to utilitarianism, it does not matter how man people benefit from an act.
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False
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The best course towards accomplishing legal and ethical behavior is to act responsibly and in good faith.
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True
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The ethics of a particular act is always clear.
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False
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To foster ethical behavior among emplayes, managers should apply ethical standards to which they are committed.
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True
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If an act is legal, it is ethical.
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False
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The roles that women play in other countries can present ethical problems for U.S. firms doing business internationally.
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True
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Bribery of public officials is only an ethical issue.
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False
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Sal is a marketing executive for Tech products Company. If her business decisions and actions were unethical, it would most likely be due to ...
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a desire to increase sales and profits
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Pete, an employee of Quality Sales, Inc., takes a duty- based approach to ethics. Pete believes that he must...
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Avoid unethical behavior regardless of the consequences.
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Jill, chief financial officer of Kwik Delivery Company, adopts religious ethical standards. These involve an element of...
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Compassion
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Eve, An employee of First Federal Bank, takes an outcome- based approach to ethics. Eve believes that she must...
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achieve the greatest good for the most people.
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Don is a manager with Engineering Aviation Systems. At a company ethics meeting, Don's most effective argument against utilitarianism is that it...
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justifies human costs that many persons find unacceptable.
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In resolving an ethical problem, in most cases a decision by a business firm will have a negative effect on...
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one group as opposed to another.
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Ethical standards would most likely be considered to have been violated if ACme Services, Inc., represents to Best Production Company that certain services will be performed for a stated fee, but it is apparent at the same time of the representation that...
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The actual charge will be substantially higher.
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Tina, the president of the United Sales, Inc., tries to ensure that United's actions are legal and ethical. To ensure this result, the best course of Tina and United is to act in...
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Good faith.
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Rita, an executive with Superior Corporation, follows the "principle of rights" theory, under which an action may be ethical depending on how it affects...
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The rights of others.
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Gamma, Inc., a U.S. corporation, makes a side payment to the minister of commerce of another country for a favorable business contract. In the United States, this payment would be considered...
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Illegal and unethical.
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Under a long arm statute, a state curt can obtain jurisdiction over an out-of-state defendant.
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True
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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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True
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the United States Supreme Court is the final authority for any case decided by a state court.
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False
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Suits involving federal questions originate in federal district courts.
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True
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An answer may admit or deny the allegations in a compliant.
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True
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A motion for summary judgment may be supported by sworn statements and other materials.
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True
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Only a losing party may appeal to a higher court.
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False
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Most lawsuits go to trial
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False
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In mediation, a mediator makes a decision on the matter in dispute.
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False
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Most states do not enforce arbitration clauses.
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False
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Cris serves a complaint on Dru, who files a motion to dismiss. if the motion is denied...
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Dru will be given time to file another response.
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Tierra Company files a suit against Undersea Corporation. Before the trial, Tierra can obtain from Undersea...
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Access to related documents in Undersea's possession.
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Eagle 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 alabama. holly files a suit against Eagle in Georgia. In this suit, Georgia has...
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In rem jurisdiction.
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Central Business Corporation was incorporated in Delaware, has its main office in New Jersey, and does business in New York. Central is subject to the jurisdiction of...
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Delaware, New Jersey, or New York
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Standard Marketing, Inc., loses its suit against Top Sales Corporation. Standard's best ground for an appeal is the trial court's interpretation of...
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the law that applied to the issues in the case.
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Jon files a suit against Kay, and loses. Jon appeals, and loses again. The United States Supreme Court is...
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not required to hear the case.
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USA Corporation, which is based in Texas, advertises on the Web. A court is Illinois would be most likely to exercise jurisdiction over USA if the company...
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conducted substantial business with Illinois residents at its site.
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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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Negotiation
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Sade files a suit against Trey. They meet, and their attorneys present the case to a jury. The jury renders a non-biding verdict, after which the parties try to reach an agreement. This is...
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a summary jury trial.
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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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Jill or Ken.
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A federal form of government is one in which a central authority holds all power.
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False
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The president can hold acts of Congress and the courts unconstitutional.
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False
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Congress can regulate any activity that substantially affects commerce.
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True.
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A state law that substantially impinges on interstate commerce is unconstitutional.
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True
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When there is a direct conflict between a federal law and state law, the federal law is invalid.
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False
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Some constitutional protections apply to businesses.
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True
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The Bill of Rights protects against various types of interference by the federal government only.
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False
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Any restriction on commercial speech is unconstitutional.
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False
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Due process and equal protection are different terms for the same thing.
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False
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A right to privacy is not specifically guaranteed in the U.S. constitution.
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True
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Of the three branches of federal government provided by the Constitution, the branch that makes the laws is...
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The legislative branch
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Delta business Corporation markets its products in three states. Under the commerce clause, Congress can regulate...
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any commercial activity in the united states
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Eagle Shipping Company challenges a Georgia state statue, claiming that it unlawfully interferes with interstate commerce. A court will likely...
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balance Georgia's intrest in regulating the matter against the burden on interstate commerce.
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A Nevada state statue bans business entities from making political contributions that individuals can make. A court would likely hold this statute to be...
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an unconstitutional restriction of speech
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An illinois state statute bans certain advertising to prevent consumers from being misled. A court would likely hold this statute to be...
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constitutional under the First Amendment
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Procedures used in South dakota and other states in making decisions to take life, liberty, or property are the focus of constitutional provisions covering...
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procedural due process
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A connecticut statute that limits the liberty of all persons to engage in certain activity may violate constitutional provisions covering...
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substantive dure process
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A River 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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equal protection
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If Montana enacts a statute that directly conflicts with federal law...
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the federal law takes precedence
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The First Amendment protects Marco and others from...
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dissemination of obscene materials and speech that harms their good reputations or violates state criminal law.
