question

Law and "rule of law" are synonymous terms

answer

False

question

The first known written set of laws was the code of Hammurabi

answer

True

question

Rule of law nations adopt laws supporting the private market because it is in everyone's interest, including the lawmakers'

answer

True

question

Common property, applies to public resources owned by the government (or state) like roads, public buildings, public lands, and monuments.

answer

False

question

Contract law compensates owners whose resources are wrongfully harmed by the actions of others

answer

False

question

The secret to economic prosperity and the wealth of nations lies in the foundation of property law and the legal system to implement it under the rule of law

answer

True

question

Jurisprudence is the rule of law

answer

False

question

natural law theory asserts the law contains universal moral principles

answer

True

question

Sociological jurisprudence emphasizes that contemporary law should focus on legal principles that have withstood the test of time in a nation

answer

False

question

Jurisprudence refers to the general body of law interpretations by judges as different from legislation passed by legislators

answer

True

question

Legal realism is the idea that courts should understand the meaning of the constitution relative to the times in which they interpret it

answer

False

question

The UK, the US, Canada, Jamaica, India, Nigeria, NZ, and a few other countries - all colonized by England - follow common law

answer

True

question

Civil law arose n the 11th & 12th centuries as the English monarch appointed royal judges to ride circuits around the English countryside and to resolve disputes in the names of the king (or queen)

answer

False

question

Louisiana is the only state in the US that follows a partial civil law system due to Louisiana's historical ties with France, a civil law nation

answer

True

question

Common law relies more on legislation than judicial decisions to determine what the law is

answer

True

question

In administrative law, a government official represents society, or "the people," and the official is responsible for seeking justice to achieve the ends of society

answer

False

question

Although property law is categorized as one kind of private law; in our legal system, it is at the heart of both public and private law

answer

True

question

Contract law often but not always requires actual injury to the owner's resources

answer

False

question

Legislation passed by the Congress is called a statute or an act

answer

True

question

The Second Amendment to the Constitution hold that "No State shall... deprive any person of life, liberty or property without due process of law."

answer

False

question

Disadvantages of case law do not destroy the benefits of certainty, predictability, and stability provided by case law and stare decisis.

answer

True

question

Judges in future Cases are not so likely to follow the dicta in prior cases as they are the holdings.

answer

True

question

Conflicting precedents when applying the principle of stare decisis do not create confidence in the certainty of law

answer

True

question

With reference to the hierarchy of sources of law, Case law prevails over local ordinances

answer

False

question

The 14th Amendment to the Constitution recognizes that the law is enforces by taking a person's life, freedom, or the resources that he or she owns.

answer

True

question

Whether it's stated in the contract or not, when a breach of contract occurs, the injured party will usually recover her attorney fees as part of her compensatory damage

answer

False

question

The single largest number of lawsuits today, especially in the federal courts, involves one business suing another business for tortious conduct

answer

True

question

Tort law helps protect property boundaries by providing compensation when someone wrongfully crosses such boundaries

answer

True

question

In addition to compensatory damages, breach of contract cases may award punitive damages when the breaching party knew or had reason to know that special circumstances existed that would cause the other party to suffer additional losses if the contract were breached

answer

False

question

Drake verbally lashes out at his neighbor one evening following a drunken party. He also beats him up when Drake tries to back away from the argument. He is said to have committed a strict liability tort

answer

False

question

Corporate governance can fail even when corporate managers do nothing illegal.

answer

True

question

Federal sentencing guidelines reduce criminal fines for legal violations in companies that have taken specific steps to self police ethical/legal conduct (chp 2)

answer

True

question

Economist Adam Smith believed that humans could not look beyond self interest (chp 2)

answer

False

question

Growing diversity in the workplace has reduced concerns over ethical values (chp 2)

answer

False

question

Diverse societies are characterized as societies that have a single, unified system of ethical values that guide behavior (chp 2)

answer

False

question

Because of the increased influence of the internet and extensive coverage of business in the news media, it has become increasingly difficult for businesses t hide questionable behavior (chp 2)

answer

True

question

Federal law reduces criminal penalties for companies that take steps to control their ethical conduct (chp 2)

answer

True

question

Adam Smith, author of "The Wealth of Nations", denied the existence of any moral element in the human nature that goes beyond self interest (chp 2)

answer

False

question

It is appropriate for those engaged in international business to assume that all countries have the same ethical and moral values (chp 2)

answer

False

question

Ultimately, the commitment to ethical values is superior to mere observance of the law in ensuring responsible business behavior (chp 2)

answer

True

question

Formalism is primarily a duty based view of ethics that creates moral obligations that one must satisfy in order to be ethical (chp 2)

answer

True

question

The foundation of John Rawls's social contract theory is a firm belief that self knowledge and self promotion will create the most just society

answer

False

question

Businesses working in the international arena find social contract theory especially valuable because it promotes the idea that all parties deserve an equal opportunity for achievement, regardless of the country or system of laws they come from. (chp 2)

answer

True

question

The social contract theory acknowledges that there are significant social and economic inequalities, but these inequalities should exist solely based upon what a person does, no who a person it. (chp 2)

answer

True

question

Within a strict utilitarian system of ethics, an action is considered unethical if it is inherently wrong, regardless of the circumstances under which the action is taken (chp 2)

answer

False

question

Modern business ethics reflects elements of both formalism and consequentialism, but tends to focus more heavily on consequentialism. (chp 2)

answer

True

question

The protestant ethic proves to be a great influence on modern capitalism, but its focus on absolute moral values was replaces by a focus on wealth and mass consumption (chp 2)

answer

True

question

A formalist would conclude that a business's secret monitoring of employees is ethical if the monitoring reveals a significant number of crimes or malfeasance, providing a net good for the business (chp 2)

answer

False

question

Looking into the initial intentions of parties to a business contract evidences consequentialism (chp 2)

answer

False

question

It is unlikely that a business or professional organization would look to law or legislation when drawing up an internal code of ethical conduct (chp 2)

answer

False

question

Courts often use a balancing test when examining whether a party acted with due care in negligence cases (chp 2)

answer

True

question

The legal requirement of honoring confidentiality contains both formalist and consequentialist ethical values (chp 2)

answer

True

question

There is no way to create enough rules to cover all possible ethically significant situations, even if they could be identified in advance (chp 2)

answer

True

question

Ambrose Bierce posited that individuals in large groups such as corporations feel more responsibility and accountability for what happens in the group than they do for what happens in their individual lives (chp 2)

answer

False

question

Of the world's 100 largest economies, 49 of them are countries and 51 are companies (chp 2)

answer

True

question

Profits and business ethics are not contradictory (chp 2)

answer

True

question

Those who argue that a system of property ownership is ethically moral do so by appealing to strict formalism, arguing that the morality of property rights should be determined on an individual basis (chp 2)

answer

False

question

A business that does not act ethically severs itself from society, from the good, and ultimately from its own source of support (chp 2)

answer

True

question

Because property is a legal system created to focus on individual ownership, it contains no issue of morality (chp 2)

answer

False

question

To harm others' safety and health, freedom of choice, or liberty of movement is to infringe their right of property. (chp 2)

answer

True

question

A major concern of those who criticize property is the power over others conveyed by the possession of great capital resources (chp 2)

answer

True

question

The members of the US Supreme Court are called magistrates (chp 3)

answer

False

question

In cases tried before a jury, the function of the jury is to decide questions of facts, but the judge still is responsible for deciding questions of the law (chp 3)

answer

True

question

The judiciary can review the laws passed by the legislative body (chp 3)

answer

True

question

Many states have rules allowing for juries of less than 12 in civil cases but all states continue to require juries of twelve in criminal matters (chp 3)

answer

False

question

The results arrived at by the juries of 6 and juries of 12 show quite discernable differences (chp 3)

answer

False

question

In most states, a jury's decision must be unanimous (chp 3)

answer

True

question

The US constitution does not specify the size of juries required in civil and criminal trails. (chp 3)

answer

True

question

The 6th and 7th Amendments of the US Constitution guarantee the right to a jury trial in civil and criminal cases (chp 3)

answer

True

question

Jurors are required to give reasons for their decisions (chp 3)

answer

False

question

The US court system is an adversarial system (chp 3)

answer

True

question

A lawyer cannot be actively involved in the personal decisions of clients (chp 3)

answer

False

question

A lawyer's first duty is to his client (chp 3)

answer

False

question

A lawyer cannot testify against a client, even if called to do so at a trial (chp 3)

answer

True

question

The judicial power of the federal courts is defined and limited by the US Constitution (chp 3)

answer

False

question

All taxpaying American citizens automatically have the right to begin any lawsuit in an court they choose (chp 3)

answer

False

question

Diversity of citizenship requires that all plaintiffs be citizens of different states from all defendants (chp 3)

answer

True

question

Congress has created a separate US Court of Appeals for each state (chp 3)

answer

False

question

When the US Supreme Court reviews petitions for a writ of certiorari, the writ is granted if 4 our of the 9 justices votes to take the case (chp 3)

answer

True

question

A writ of certiorari is a request from the winner in a case to have the favorables judgement confirmed by a higher court (chp 3)

answer

False

question

Every citizen must have his or her petition for a writ of certiorari granted by the US Supreme Court by right. (chp 3)

answer

False

question

Proponents of judicial restraint do not view the role of attorneys and the practice of law as that of social reform (chp 3)

answer

True

question

The terms judicial restrain and judicial activism are not exclusive to particular judges and many may share aspects of both in their judicial philosophy (chp 3)

answer

True

question

The philosophy of judicial restraint is sometimes referred to as strict constructionism (chp 3)

answer

True

question

Those who believe in judicial restrain believe that social, political, and economic change in society should result from the political process rather than from court action (chp 3)

answer

True

question

Activist courts tend to be more result conscious and to place less reliance on precedent (chp 3)

answer

True

question

Declaring that seniority has preference over Affirmative Action layoffs is an example of a typical judicial restraint decision (chp 3)

answer

True

question

The government cannot ban political spending by corporations (chp 3)

answer

True

question

The person against whom a criminal charge is filed by the prosecution is called the defendant, whereas the person sued in a civil case is called the respondent (chp 4)

answer

False

question

When a defendant wants to sure the plaintiff, the defendant files a counterclaim (chp 4)

answer

True

question

If a defendant alleges that there cannot be a complete determination of a controversy without the presence of other parties, he many bring in the new parties who are called third-party defendants (chp 4)

answer

True

question

An individual may not assert the rights of the general public or of a group of which he or she is not a member as a plaintiff (chp 4)

answer

True

question

A shareholder of one of the two companies involved in a merger could sue to stop the combination of these companies (chp 4)

answer

True

question

Standing in a case is determined upon resolution of the case, rather than at the outset (chp 4)

answer

False

question

The only way to obtain personal jurisdiction over a defendant is to have them served with a summons (chp 4)

answer

False

question

Personal jurisdiction over the defendant is automatically obtained when the plaintiff files the complaint (chp 4)

answer

False

question

Statutes that permit service of process beyond the borders of an originating state are referred to as long-arm statutes (chp 4)

answer

True

question

Due process requires that a defendant must have a certain minimum contacts with a state in order to be hailed into court under a long arm statute (chp 4)

answer

True

question

At the federal level, the Supreme Court encourages class action suits by consolidating cases and reducing the total caseload burden on the courts (chp 4)

answer

False

question

In recent years, the federal courts have developed a much higher standard for approving class action settlements (chp 4)

answer

True

question

Typically, the least expensive method of discovery is to present interrogatories to the opposing parties (chp 4)

answer

True

question

One method of discovery, called depositions, involves written questions for the opposing parties to answer (chp 4)

answer

False

question

Discovery procedures are intended to be used freely by the parties to litigation without the court's direct supervision (chp 4)

answer

True

question

Each state has prescribed a time limit after which a suit cannot be filed, called a statute of limitations (chp 4)

answer

True

question

A statute of limitations determines the maximum amount of money that a plaintiff may sue for (chp 4)

answer

False

question

Evidence in the form of sworn statement is called an affidavit (chp 4)

answer

False

question

If a lawsuit is filed that is totally lacking in merit, the attorney filing the lawsuit can be fined according to Federal Rule 11 (chp 4)

answer

True

question

In jury selections, challenges for cause are also called peremptory challenges (chp 4)

answer

False

question

If one of the potential jurors is the defendant's brother, the only way for the plaintiff to get the brother off of the jury panel is by using a peremptory challenge (chp 4)

answer

False

question

Only the defendant may challenge or excuse a prospective juror for a specific cause or reason (chp 4)

answer

False

question

Peremptory challenges may not be used to shape the gender makeup of a jury (chp 4)

answer

True

question

The jury should use anything said in the opening statement as evidence when deciding the verdict of the trial (chp 4)

answer

False

question

Following the closing arguments in a case, the judge acquaints the jury with the law applicable to the case, referred to as the jury instructions (chp 4)

answer

True

question

The plaintiff in a civil case must prove his beyond a reasonable doubt (chp 4)

answer

False

question

The verdict is the final decision of the case entered by the judge (chp 4)

answer

False

question

A judgement notwithstanding the verdict is generally a pretrial motion (chp 4)

answer

False

question

the party appealing is usally referred to as the appellant (chp 4)

answer

True

question

Res judicata means that a final decision is conclusive on all issues between the parties, whether raised in the litigation or not. (chp 4)

answer

True

question

Litigation is the quickest method os dispute resolution (chp 5)

answer

False

question

A dispute arises when one party makes a claim that another party denies (chp 5)

answer

True

question

Negotiation is the process used to persuade or coerce someone to do what you want them to do (chp 5)

answer

True

question

Positional bargaining is an approach based on principled, interest-based negotiations (chp 5)

answer

False

question

Positional negotiation creates barriers to resolution that may be removed by using principles instead of positions (chp 5)

answer

True

question

Once a lawsuit has been filed, ADR may not be used until the suit has gone to judgement or has been dismissed (chp 5)

answer

False

question

A negotiated settlement is generally more expensive and time consuming that litigation (chp 5)

answer

False

question

Juries often close questions of liability, as well as size of the verdict, against business organizations (chp 5)

answer

True

question

Focus groups can deliver binding decisions in civil cases (chp 5)

answer

False

question

To avoid costly public litigation, parties can agree to have a private third party decide the merits of their dispute (chp 5)

answer

True

question

The arbitrator should be disinterested in any financial impact of the decision (chp 5)

answer

True

question

The arbitrator is empowered by the parties to reach a binding decision in a voluntary arbitration (chp 5)

answer

True

question

Normally, the decision to submit a dispute to arbitration is irrevocable (chp 5)

answer

True

question

If a party is unhappy with the way a private arbitration is going, it may unilaterally close the proceeding and move the dispute to public litigation (chp 5)

answer

False

question

In most state statutes authorizing voluntary arbitration, the agreement to submit to arbitration may be written or oral (chp 5)

answer

False

question

Private arbitrators are not permitted to decide on questions of law

answer

False

question

The arbitrator chooses the issues of the hearing to be resolved (chp 5)

answer

false

question

An arbitrator must be a lawyer or a judge in good standing in the community where the arbitration is to take place (chp 5)

answer

False

question

The sole source of qualified expert arbitrators is the American Arbitration Association (chp 5)

answer

False

question

Each state has its own licensing regulations for arbitrators (chp 5)

answer

False

question

Generally an arbitrator's award does not need to set forth findings of fact, conclusions of law, or the reasons for an award (chp 5)

answer

True

question

The Federal Arbitration Act is largely responsible for the prominent role and positive perception of arbitration clause

answer

True

question

In order for a federal court to assume that parties did not intend to arbitrate, a court must believe with positive assurance that the parties did not intend to include the particular dispute in the arbitration clause (chp 5)

answer

True

question

Individual states are not limited by the Constitution when they makes laws that deny arbitration of certain disputes (chp 5)

answer

False

question

The federal system and all state systems require arbitration hearings to comply with established rules of evidence (chp 5)

answer

False

question

From the perspective of judicial review, voluntary arbitration is a more effective alternative to litigation than mandatory arbitration (chp 5)

answer

True

question

Absent fraud or other inappropriate behavior, arbitration awards in voluntary proceedings are not subject to judicial review on the merits of the decision (chp 5)

answer

True

question

The judicial review of an arbitrator's award in voluntary proceeding is quite restricted and is more limited than the appellate review of a trial court's decision (chp 5)

answer

true

question

If an arbitrator makes a clearly erroneous ruling pursuant to a voluntary contract-based arbitration, there will be sufficient grounds for a judge to set aside the award (chp 5)

answer

False

question

Mandatory arbitration proceedings are generally subject to a de novo judicial review if a party is dissatisfied with the award (chp 5)

answer

True

question

The failure of a party to be present at an arbitration hearing constitutes a waiver of the right to reject the award and seek de novo judicial review (chp 5)

answer

True

question

Statutorily mandated arbitration requires a higher level of judicial review of an award than voluntary arbitration (chp 5)

answer

True

question

An arbitrator may be considered partial or corrupt by independently investigating a materials matter after the close of hearings without telling either party about the investigation (chp 5)

answer

True

question

Rules related to court-annexed mediation are federally mandated (chp 5)

answer

False

question

A mediator cannot impose a binding solution on the parties (chp 5)

answer

True

question

The court mandates an enforcement mechanism that ensures the parties will mediate in good faith (chp 5)

answer

True

Business Law chp 1-5 True and False – Flashcards

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