Bus Ethics Essay Example

applies.

False Answer: False
Skill Level: AACSB Analytic
Objective: AICPA Legal

14. An en banc hearing is when all the judges of a court of appeals will sit together to hear a particularly important case.
Answer: True
Skill Level: AACSB Analytic
Objective: AICPA Legal

15. Long-arm statutes subject an out-of-state defendant to the jurisdiction of the court.
Answer: True
Skill Level: AACSB Analytic, Chapter 3 Courts, Sources of Law, and Dispute Resolution
Objective: AICPA Legal

16. There are fifty-one U.S. Courts of Appeal, one for each of the states in the United States and one for the District of Columbia.

False
SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal
False
SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal
True
SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal
False
SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal
When a class action is involved, there is never any opportunity for someone who wants to litigate separately to opt out.

False ANSWER: False SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal MULTIPLE CHOICE QUESTIONS

1. What is the inscription on the front of the U. S. Supreme Court building in Washington, D. C.?
   1. Live free or die
   2. Equal justice under the law
   3. Due Process for all
   4. Equal protection for all

   ANSWER: B SKILL LEVEL: AACSB Ethics OBJECTIVE: AICPA Legal

MANAGERS AND THE LEGAL ENVIRONMENT

2. Which of the following are rules that prescribe which states law should be
   

applied to a particular kind of case?

1. Conflict-of-dispute rules

Conflict-of-law rules
2. Litigant rules
   

35

D.

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The rules of forum-shopping state that an individual's citizenship for diversity jurisdiction in federal court is established by their legal residence or domicile. One can only be a citizen of one state, which corresponds to their legal residence or domicile. It is allowed for someone to assert citizenship in multiple states as long as they own a house in each state.

C. An individual can have dual citizenship if they are legally residing or domiciled in a certain place, and they are also recognized as citizens of the state where a lawsuit is brought against them because they must comply with that state's laws.

ANSWER: B SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal

4. What was the first law passed by Congress?

A. The Judiciary Act of 1789

B. The War Powers Resolution Act

C.

The following text contains information about two acts and a question regarding the Supreme Court. It also provides potential answers to the question, along with their corresponding letter designation, skill level, AACSB analytic rating, and AICPA legal objective.

Act 1: An Act Establishing Independent State Governments
Act 2: An Act Authorizing the Establishment of a Supreme Court

Answer: A
Skill Level: AACSB Analytic
Objective: AICPA Legal

When the U.S. Supreme Court decides to hear a case, it issues a ____________ commanding the lower court to certify the record of proceedings below and send it up to the Supreme Court.

A. commandment
B. writ of order
C. writ of certiorari
D.

writ of expo facto

Answer: C
Skill Level: AACSB Analytic
Objective: AICPA Legal

In the federal court system, which circuit is considered as the largest in the country?

The circuit options include the Sixth Circuit, Ninth Circuit, First Circuit, and Thirteenth Circuit. Option B is the answer to the question.

The subject of Chapter 3 is courts, sources of law, and dispute resolution. According to AACSB, the required skill level is Analytic. The objective is AICPA Legal.

The critical test for jurisdiction over an out-of-state defendant under the Due Process Clause involves determining if the defendant has minimum contacts with the state that do not violate traditional notions of fair play and substantial justice. Another option for determining jurisdiction is whether the out-of-state defendant has visited the state before.

C. To determine if the out-of-state defendant meets the minimum contacts requirement in order to avoid violating liberty concepts, and whether they have ever resided in the state.

ANSWER: A

SKILL LEVEL: AACSB Analytic

OBJECTIVE: AICPA Legal 8. Case law, which refers to the legal principles established by judges in cases where there is no constitutional provision, statute, or regulation to resolve the dispute, is known as ________.

A. English law

B. Civil law

C. Common law

D. Disputed law

Answer: C
Skill Level: AACSB Analytic
Objective: AICPA Legal 9

An affirmative defense is when the defendant claims to have acted in a specific manner but denies that their actions legally caused harm to the plaintiff. In 2002, the European Union implemented the Brussels Conventions with the purpose of establishing consistent regulations for determining jurisdiction in e-commerce-related lawsuits.

When multiple forums have jurisdiction over a lawsuit, the doctrine of forum non conveniens determines which forum is more appropriate. The doctrine of forum non

conveniens involves a determination of which forum is more appropriate. The Federal Rules of Civil Procedure control the civil trial practices in all U.S. district courts.

Common Rules of Civil Procedure ANSWER: A SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 13. The _____________ officially notifies a defendant that a lawsuit is pending and that a response to the complaint must be filed within a certain number of days. A. Subpoena B. Summons C. Complaint D. Suggestion ANSWER: B SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 14. A legal rule established by an appellate courts decision may be which of the following? A. Persuasive B. Authoritative C. Discretionary D. Either persuasive or authoritative ANSWER: D SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 15.

In the process of deciding a case, a federal court of appeals has three options: vacate and remand, reverse, or affirm the final decision made by the lower court. Option D, which states that all of these responses are correct, is deemed as the correct answer to this question. This question can be found in Chapter 3, section 16 titled "Courts, Sources of Law, and Dispute Resolution."

Similarly, certain conditions must be met for the U.S. Supreme Court to consider hearing a case. These conditions include the presence of a genuine and significant controversy, legal standing to sue for the party appealing, or involvement of a political question. Option D is also identified as the correct answer to this question by stating that all of these responses are correct. This specific question can be found under Objective AICPA Legal in Analytic skill level section 17.

If the defendant does not respond within the allotted time, the plaintiff

may receive a default judgment. A lawsuit can be resolved before trial if a judge grants a judgment notwithstanding the verdict. The principle of stare decisis requires adherence to previous court decisions. A motion to dismiss may be granted by a judge based on specific grounds, including failure to state a valid claim, lack of jurisdiction over the subject matter or parties, and failure to properly serve the complaint on the defendant.

MANAGERS AND THE LEGAL ENVIRONMENT A motion for summary judgment will be granted where there is no triable issue of fact, law, evidence, or if all of the responses are correct. ANSWER: A SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 22. Diversity jurisdiction exists when a lawsuit is between citizens of different states, and the amount in controversy, exclusive of interest and all costs, exceeds $75,000. ANSWER: D SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 23. Under the ________ doctrine, the outcome of a diversity case in federal court will be similar to the outcome in a state court because the same substantive law will govern either adjudication. ANSWER: A SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 24. For diversity purposes, a corporation is deemed a citizen of the state of incorporation.

The determination of a company's principal place of business can be established by either its state of incorporation or its state of principal place of business, or both. Federal courts often examine this issue in cases involving companies that operate in multiple states. The tests commonly used include the majority-of-the-corporations-customers test, the nerve-center test, and the majority-of-the-corporations-physical-operations test.

The total-activity test in Chapter 3 evaluates knowledge about courts, sources of law, and

dispute resolution. It aims to assess AACSB analytic skills and achieve the AICPA legal objective.

Question 26 asks for the invalid function of a court of appeals. Option B is the correct answer, stating that a court of appeals does not decide issues of fact. This question measures AACSB analytic skills and meets the AICPA legal objective.

Question 27 defines standing as the party seeking relief in litigation. Option D is the correct answer, as all given responses are correct. This question evaluates AACSB analytic skills and fulfills the AICPA legal objective.

In a , the parties to a dispute present their cases before a real jury which renders a nonbinding decision. In a , the parties directly present their cases before a real jury, which then provides a nonbinding decision.

41 Managers and the Legal Environment: A Summary jury trial, Minitrial, Arb-Med, and Arbitration are different methods of resolving legal disputes. In Trudy's case, she is an Ohio resident driving through Tennessee on her way to Miami for vacation.

Trudy encounters a challenging situation while driving in Tennessee, where she fails to stop at a stop sign and collides with Jason's vehicle. Jason, a resident of Tennessee, had recently purchased an $80,000 Mercedes. Unfortunately, the accident results in Jason breaking his leg, leading to $30,000 in medical expenses and lost wages. Consequently, Jason decides to sue Trudy in federal court within Tennessee.

Trudy protests against this decision and argues that Jason should not have the right to file the lawsuit in federal court. Furthermore, she believes it is unjust for her to have to travel all the way to Tennessee for her defense. Seeking guidance on this matter, Trudy turns

to you for advice.

Trudy claims that Jason cannot sue her in federal court. Which of the following statements is true?

1. It is true that Trudy is correct because Jason cannot prove damages exceeding $100,000.
2. It is true that Trudy is correct because Jason cannot prove damages exceeding $200,000.
3. It is true that Trudy is correct because cases involving motor vehicles, not related to a federal issue, are not eligible for federal court.
4. It is false that Trudy is incorrect.

ANSWER: D

SKILL LEVEL: AACSB Reflective Thinking

OBJECTIVE: AICPA Critical Thinking 32. Refer to fact pattern 3-1.

Trudy's claim is valid if certain conditions are met. A) Trudy will be proven right unless it can be demonstrated that she conducts business in Tennessee. B) Trudy's assertion holds true if she can provide evidence of not being present in the state for at least 10 days within the 12 months prior to the lawsuit being filed. C) Trudy's statement remains accurate if she can substantiate that she has not been in Tennessee for at least 20 days within the 24 months prior to the lawsuit being filed. D) Contrarily, Trudy's claim is incorrect.

ANSWER: D SKILL LEVEL: AACSB Reflective Thinking OBJECTIVE: AICPA Critical Thinking Fact Pattern 3-2 (questions 33-34 apply) CHAPTER 3 COURTS, SOURCES OF LAW, AND DISPUTE RESOLUTION 42 Sally informs you that she is involved in a dispute with her employer over whether there was sexual discrimination involved in her denial of a desired promotion. Sally notes that she has heard about both mediation and arbitration and asks which option would lead to a faster ruling in her favor, as she is not particularly inclined towards pursuing a court action due to the associated

time and expenses.

Sally is seeking your assistance as a friend to join her during a meeting with an attorney. She wants advice on selecting between mediation and arbitration in relation to the given fact pattern 3-2. The available options are:

1. Mediation and arbitration are essentially identical.

2. A mediator has the ultimate authority, whereas an arbitrator does not have this power.

3. An arbitrator has the final decision-making authority, while a mediator does not possess this ability.

4. Both an arbitrator and a mediator have the final decision-making authority, but it is mandatory for an arbitrator to be a lawyer, unlike a mediator who doesn't require such qualification.

ANSWER: C SKILL LEVEL: AACSB Reflective Thinking OBJECTIVE: AICPA Critical Thinking 34. Sally has requested that you accompany her to see her lawyer. There are a few important considerations regarding this request:

A. You can agree to go with her for emotional support.
B. However, it is crucial to understand that attending the meeting may put the attorney-client privilege at risk.
C. Additionally, your presence could compromise the work-product privilege.
D. Therefore, it is strongly advised that you do not attend in order to avoid potential harm to both privileges.

The appropriate term for the procedure in which both parties contribute funds towards hiring individuals to serve on a nonbinding jury and render a suggested verdict, as suggested by Robert's attorney in his dispute with his neighbor regarding the location of the property line, is a summary jury trial.

The purpose of this text is to discuss the pleadings that may be filed or used prior to the trial of a lawsuit and provide detailed explanations for each pleading.

To fulfill these requirements, students should consider the following pleadings:

complaint, summons, answer, counterclaim, motion for default judgment, motion to dismiss, and motion for summary judgment.

The complaint serves as a document that briefly states a grievance and alleges the specific facts leading to the dispute. It also includes the legal basis for why the plaintiff deserves a remedy and includes a request for relief.

These various pleadings form an essential part of understanding the documents filed or used before a lawsuit goes to trial.

The complaint details the legal grounds for the lawsuit, while the summons informs the defendant about the ongoing lawsuit and their duty to reply. The answer permits the defendant to accept or refute the allegations in the complaint and potentially file a counterclaim against the plaintiff. If there is no response within a specified time frame, it may result in a default judgment in favor of the plaintiff. A motion to dismiss aims to end the lawsuit by asserting that the plaintiff's claim lacks legal validity.

The court can approve a motion for summary judgment if the trial evidence clearly shows that there are no disputed material facts and one party has a legal right to win. This falls under AACSB Analytic's skill level and is categorized as AICPA Legal 2 objective. Students must provide a comprehensive explanation of the discovery stage in a lawsuit, outlining the different types of discovery involved. They should also highlight the importance of conducting discovery by noting that parties in a lawsuit usually have access to relevant information unless it is privileged.

The purposes of discovery in a trial are to eliminate game elements and prevent surprises. There are several types of discovery, including

depositions, interrogatories, and requests for production of documents.
SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal 3.

Paul, a resident of State A, recently purchased a new car from Motors, Inc. Unfortunately, after only two weeks, the brakes on his car failed and caused an accident. Paul plans to sue Motors, Inc. for a defective brake system. Motors, Inc. is headquartered in State Y where it also conducts a significant amount of business. The vehicles are manufactured in State Z.

The text examines the matter of personal jurisdiction regarding Motors, Inc. and the potential courts that could handle the case. If Paul bought the car in State A, all states mentioned would probably have jurisdiction due to Motors, Inc.'s ties with them. Paul can choose to file a lawsuit in state court in any of these states. Furthermore, if the amount being disputed exceeds $75,000, Paul can also sue in federal court in states Y and Z, along with state court since there is diversity of citizenship.

SKILL LEVEL: AACSB Reflective Thinking OBJECTIVE: AICPA Critical Thinking 4. Federal courts, also known as courts of limited jurisdiction, have two types of subject matter jurisdiction provided by Congress for the Federal District Courts. To bring an action under each type of jurisdiction, a plaintiff must demonstrate specific requirements. The two types of jurisdiction are federal question and diversity jurisdiction, and should be discussed. A federal question exists when the dispute concerns federal law.

Diversity jurisdiction occurs when a lawsuit involves citizens from different states or a citizen from a foreign country, and the amount in question exceeds $75,000, excluding interest and costs. The attorney work-product doctrine safeguards information prepared by

an attorney during their professional duties.

The information contained in this text pertains to the private memoranda and personal thoughts of an attorney during the preparation of a trial case. The reason behind the work-product rule is to ensure that attorneys can perform their duties without unnecessary interference from opposing parties and their lawyers. SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 6. What is the process of selecting the jury called? What two types of challenges to jurors can be made? For what two reasons is it unconstitutional to remove a juror? ANSWER: The process of jury selection is called voir dire.

The two types of challenges are for cause and preemptory. It is against the Constitution to exclude a juror based on their race or gender. SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal Find millions of documents on Course Hero - Study Guides, Lecture Notes, Reference Materials, Practice Exams and more. Course Hero has millions of course specific materials providing students with the best way to expand their education. Below is a small sample set of documents: TBCh04RF Strayer >> BUSS >> 240 (Fall, 2010) CHAPTER 4 Constitutional Bases for Business Regulation TRUE-FALSE QUESTIONS 1.

The Fifth Amendment of the United States Constitution has a provision that limits actions taken by the federal government, which falls under the AACSB Analytic skill level and relates to the AICPA Legal objective.

Chapter 5 of TBCh05RF Strayer >> BUSS >> 240 (Fall, 2010) discusses agency and includes true-false questions related to it. One question states that an agent is always a fiduciary, which is true and also falls under the AACSB Analytic skill level and relates to the AICPA Legal objective.

However,

it is not necessary for an agency agreement to be written for it to be enforceable, making this statement false. This topic can be found in Chapter 6 of TBCh06RF Strayer >> BUSS >> 240 (Fall, 2010), which also includes true-false questions about administrative law.

Overall, these statements provide information on different legal concepts and their corresponding answers while showcasing various levels of analytical skills required by AACSB standards and their relevance to AICPA Legal objectives.

Contrary to the common belief, administrative agencies are not usually part of the legislative branch. Non-compliance with their regulations can result in consequences. In legal studies, it is crucial to distinguish between an offer and an invitation to negotiate, as advertisements are generally classified as the latter. The determination of whether an offer has been made often relies on an objective standard.

CHAPTER 8 Sales, Licensing, and E-Commerce TRUE-FALSE QUESTIONS 1. The Uniform Computer Information Transactions Act is a federal law. ANSWER: False SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 2. The Agreement for Import and Export governs most international sales contracts. ANSWER: False SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal ... TBCh09F Strayer >> BUSS >> 240 (Fall, 2010) CHAPTER 9 Torts and Privacy Protection TRUE-FALSE QUESTIONS 1. A tort is a type of civil or criminal wrong. ANSWER: False SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 2. Intent cannot be implied. ANSWER: False SKILL LEVEL: AACSB Analytic OBJECTIVE: ... TBCh10F Strayer >> BUSS >> 240 (Fall, 2010)

CHAPTER 10 Product Liability TRUE-FALSE QUESTIONS

1. An injured person does not need to be in a contractual relationship with the seller to recover for a defective product. (False)

SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal

2.

Most states in the United States impose strict liability on sellers of defective products regardless of fault or negligence. (True)

SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal

TBCh11F Strayer >> BUSS >> 240 (Fall, 2010) CHAPTER 11 Intellectual Property TRUE-FALSE QUESTIONS

1. After a patent expires, the invention becomes available to the public. (True)

SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal

2. A copyright is a government-granted right to exclude others from using an original work created by an author or artist. (True)

SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal

TBCh12f Strayer >> BUSS >> 240 (Fall, 2010)

CHAPTER 12 The Employment Agreement TRUE-FALSE QUESTIONS 1. Around half the states originally followed the employment-at-will rule. ANSWER: False SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 2. A private-sector employee can avoid at-will status by negotiating an employment contract. ANSWER: True SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal TBCh13F Strayer >> BUSS >> 240 (Fall, 2010) CHAPTER 13 Civil Rights and Employment Discrimination TRUE-FALSE QUESTIONS 1. Many states have passed their own fair employment acts. ANSWER: True SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 2. The federal statutes on race, gender and employment discrimination apply to both private and public sectors. ANSWER: True SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal TBCh14F Strayer >> BUSS >> 240 (Fall, 2010)

CHAPTER 14 Executive Compensation and Employee Benefits TRUE-FALSE QUESTIONS
1. Whether a public company may make loans to directors is solely determined by state law.
ANSWER: False
SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal
2. There are various types of employee benefits, including pensions and healthcare plans.
ANSWER: True
SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal

CHAPTER 15 Criminal Law TRUE-FALSE QUESTIONS
1. An individual can

be found guilty of a crime regardless of their state of mind under strict liability.
ANSWER: True
SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal
2. Criminal acts are defined by statutes.
ANSWER: True
SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal

TBCh16f Strayer >> BUSS >> 240 (Fall, 2010)

CHAPTER 16 Environmental Law TRUE-FALSE QUESTIONS

1. Failure to comply with environmental laws can result in civil fines but not criminal penalties. ANSWER: False

2. A nuisance lawsuit cannot prevent pollution caused by commercial enterprises. ANSWER: False

CHAPTER 17 Antitrust TRUE-FALSE QUESTIONS

1. Bright lines that clearly separate lawful from unlawful in the antitrust field are rare. ANSWER: True

2. The Sherman Act, passed in 1910, was the first U.S. antitrust legislation. ANSWER: False

TBCh18F

Strayer >> BUSS >> 240 (Fall, 2010) CHAPTER 18 Consumer Protection TRUE-FALSE QUESTIONS
1. State consumer protection law is generally more strict than federal law.
ANSWER: True
SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal
2. Executive regulatory agencies are l...
TBCh19F

Strayer >> BUSS >> 240 (Fall, 2010) CHAPTER 19 Real Property and Land Use TRUE-FALSE QUESTIONS
1. Real estate law has its origins in both English common law and Spanish civil law.
ANSWER: True
SKILL LEVEL: AACSB Analytic
OBJECTIVE: AICPA Legal
2. The simplest form of property ownership involves...
TBCh20F

Strayer >> BUSS >> 240 (Fall, 2010) CHAPTER 20 Forms of Business Organizations TRUE-FALSE QUESTIONS 1. Corporations do not have to incorporate in the state where their headquarters are located. ANSWER: False SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 2. A joint venture is a perpetual partnership... TBCh21F Strayer >> BUSS >> 240 (Fall, 2010) CHAPTER 21 Directors, Officers, and Controlling Shareholders TRUE-FALSE QUESTIONS 1. The Securities and Exchange Commission acknowledges the affirmative responsibility of officers

and directors under federal securities laws to ensure the accuracy and comple... TBCh22F

Strayer >> BUSS >> 240 (Fall, 2010) CHAPTER 22 Public and Private Offerings of Securities TRUE-FALSE QUESTIONS

1. The Securities Act of 1933 is also referred to as the blue sky law. ANSWER: False SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal

2. The Securities Act of 1933 requires promo... TBCh23F Strayer >> BUSS >> 240 (Fall, 2010) CHAPTER 23 Securities Fraud and Insider Trading TRUE-FALSE QUESTIONS

1. Section 10(b) of the 1934 Act regulates only the purchase and sale of registered securities. ANSWER: False SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal

2. More suits are brought... TBCh24F

Strayer >> BUSS >> 240 (Fall, 2010) CHAPTER 24 Debtor-Creditor Relations and Bankruptcy TRUE-FALSE QUESTIONS

1. A commitment to make a loan must always be in writing. ANSWER: False SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal

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