BLAW 300 Test 1 – Flashcards
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T/F: The law establishes rights, duties, and privileges that are consistentwith the values of society.
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true
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T/F: Law includes enforceable rules governing relationships between individuals and their society.
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true
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T/F: A federal law that conflicts with the U.S. Constitution will be deemed unconstitutional.
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true
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T/F: Constitutional law includes only the U.S. Constitution.
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false
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T/F: A state law that conflicts with the U.S. Constitution will be deemed unconstitutional.
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true
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T/F: The U.S. Constitution is the supreme law of the United States.
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true
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T/F: Whether a law is constitutional depends on its source.
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false
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T/F: A state constitution is supreme within the state's borders so long as it does not conflict with the U.S. Constitution or a federal law.
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true
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T/F: Federal statutes apply to all states.
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true
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T/F: Uniform laws apply in all states, including those in which the laws have not been adopted.
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false
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T/F: No state has adopted the Uniform Commercial Code in its entirety.
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false
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T/F: Administrative agencies are established to perform specific functions.
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true
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T/F: Rules issued by administrative agencies now affect almost no aspect of a business's operations.
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false
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T/F: The basis for the U.S. legal system is the natural law school.
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true
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T/F: Courts can rely on the common law as a guide to interpreting legislation.
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true
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T/F: Common law is a term for the law that is known to most of us.
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false
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T/F: A decision on a given issue by a court is not binding on an inferior court.
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false
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T/F: Judges use precedent when deciding a case in a common law legal system.
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true
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T/F: Stare decisis is a doctrine obligating judges to help persons who havefailed to protect their own rights.
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false
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T/F: Courts do not depart from precedents.
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false
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T/F: A court may depart from a precedent if the court decides that the precedent should no longer be followed.
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true
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T/F: Equity is a branch of unwritten law that seeks to supply remedies of equal measure to the parties in a legal dispute.
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false
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T/F: Monetary damages is a remedy at law.
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true
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T/F: A defendant is a person against whom a lawsuit is brought.
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true
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T/F: A plaintiff is a person against whom a lawsuit is brought.
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false
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T/F: A court's direction to a party to do or to refrain from doing a particular act is a rescission.
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false
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T/F: Equitable remedies include injunctions.
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true
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T/F: In most states, the courts no longer grant "equitable" remedies.
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false
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T/F: How judges apply the law to specific disputes may depend in part ontheir personal philosophical views.
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true
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T/F: A substantive law creates or defines legal rights and obligations.
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true
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T/F: Criminal law focuses on duties that exist between persons.
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false
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T/F: International law is the law of a foreign nation and varies from country to country.
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false
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T/F: A reference to "28 U.S.C. Section 1332" means that a federal court's decision can be found on page 28 of section 1332 of the United States Cases.
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false
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T/F: Rules and regulations adopted by federal administrative agencies are compiled in the Code of Federal Regulations.
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true
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T/F: Most state trial court decisions are not published.
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true
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T/F: Ethics is the branch of philosophy that focuses on what constitutesright and wrong behavior.
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true
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T/F: Acting in good faith gives a business firm a better chance of defending its actions in court.
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true
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T/F: Corporations can be perceived as owing ethical duties to groups other than their shareholders.
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true
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T/F: Ethics is concerned with the fairness or justness of an action.
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true
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T/F: Business ethics focuses on ethical behavior in the business world.
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true
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T/F: Business ethics applies only to the owners, operators, and employees of corporations.
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false
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T/F: The minimal acceptable standard for ethical behavior is compliancewith the law.
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true
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T/F: An action may be legal but not ethical.
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true
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T/F: An action may be legal and ethical.
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true
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T/F: Simply obeying the law does not fulfill all ethical obligations.
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true
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T/F: Business ethics is consistent only with short-run profit maximization.
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false
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T/F: The most common reason that ethical problems occur in business is an overemphasis on long-run profit maximization.
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false
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T/F: The legality of an action is always clear.
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false
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T/F: A business firm can sometimes predict whether a given action is legal.
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true
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T/F: Managers must apply different standards to themselves than they apply to their employees.
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false
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T/F: Ethical codes of conduct can set the ethical tone of a firm.
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true
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T/F: An ethics program can clarify what a company considers to be unacceptable conduct.
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true
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T/F: Setting realistic workplace goals can reduce the probability that employees will act unethically.
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true
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T/F: Corporate ethical policies must be clearly communicated to be effective.
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true
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T/F: Ethical standards based on religious teachings tend to be absolute.
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true
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T/F: Ethical reasoning is the process through which an individual rationalizes whatever action he or she chooses to take.
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false
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T/F: Under the principle of rights theory, one person's set of values is as "right" as another's.
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false
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T/F: In ethical terms, a cost-benefit analysis is an assessment of the negative and positive effects of alternative actions on individuals.
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true