BLAW 231 – Flashcards
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True or False? Law is a body of enforceable rules governing relationships among individiuals and between individuals and their society.
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True
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True or False? Legal positivisits believ that law should reflect universal, moral and ethical prinicples that are part of human nature
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False; natural law tradition
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True or False? The doctrine of stare decisis obligates judges to follow precendents established in their jurisdictions.
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True
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True or False? Common law develops from rules of law announced in court decisions.
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False; The U.S. Constitution takes precedence over any conflicting federal or state statute, local ordinace, administrative rule, or court decision.
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True or False? Statutory law is legislation.
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True
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True or False? A federal statute takes precedence over the U.S Constitution.
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False; The U.S. Constitution is the Supreme Law of the Land
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True or False? Congress enacted the Uniform Commercial Code for adoption by the states.
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False; The National Conference of Commissioners on Uniform State Laws
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True or False? Criminal Law covers disputes between persons, and between persons and their governments.
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False; Civil Law
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True or False? In most states, the same courts can grant legal or equitable remedies.
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True
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True or False? A citation includes the name of the judge who decided the case?
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False
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True or False? Ethics is the study of what constitutes right and wrong behavior.
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True
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True or False? A background in business ethics is as important as knowledge of specific laws.
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True
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True or False? The minimal acceptable standard for ethical behavior is compliance with the law.
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True
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True or False? According to utilitarianism, it does not matter how many people benefit from an act.
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False; Utilitarianism is premised on acting so as to do the greatest good for the greatest amount of people.
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True or False? 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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True or False? The ethics of a particular act is always clear.q
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False
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True or False? To foster ethical behavior among employees, managers should apply ethical standards to which they are committed.
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True
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True or False? If an act is legal, it is ethical.
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False; it may be unethical but not illegal
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True or False? The roles that women play in other countries can present ethical problems for US firms doing business internationally.
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True
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True or False? Bribery of public officials is only an ethical issue.
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False; it is also a legal issue
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True or False? Under a long arm statute, a state court can obtain jurisdiction over an out-of-state defendant.
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True
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True or False? 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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True or False? The United States Supreme Court is the final authority for any case decided by a state court.
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False; Supreme Court can only overrule those state court decisions that involve questions of federal law.
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True or False? Suits involving federal questions originate in federal district courts.
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True
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True or False? An answer may admit or deny the allegations in a complaint.
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True
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True or False? A motion for summary judgment may be supported by sworn statements and other materials.
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True
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True or False? Only a losing party may appeal to a higher court.
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False
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True or False? Most lawsuits go to trial.
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False
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True or False? In mediation, a mediator makes a decision on the matter in dispute.
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False; a mediator just assists the parties in reaching an agreement
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True or False? Most states do not enforce arbitration clauses.
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False
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True or False? A federal form of government is one in which a central authority holds all power.
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False; the seperate states form a union and divide the power.
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True or False? The president can hold acts of Congress and of the courts unconstitutional.
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False; the president does not have that power.
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True or False? Congress can regulate any activity that substantially affects commerce.
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True
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True or False? A state law that substantially impinges on interstate commerce is unconstitutional.
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True
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True or False? When there is a direct conflict between a federal law and a state law, the federal law is invalid.
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False
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True or False? Some constitutional protections apply to businesses.
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True
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True or False? The Bill of Rights protects against various types of interference by the federal government only.
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False
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True or False? Any restriction on commercial speech is unconstitutional .
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False
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True or False? Due process and equal protection are different terms for the same thing.
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False; Due process relates to the limits that the law places on the liberty of everyone. Equal protection relates to the limits that the law places on only some people.
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True or False? A right to privacy is not specifically gaurenteed in the U.S. Constitution.
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True
