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Q:
Having been called for jury selection, Lawrence discovered that the defendant in the trial is the brother of his stockbroker. The lawyers may rightfully reject Lawrence on the grounds that his relationship with the stockbroker may affect his ability to be an unbiased juror.
Q:
Jury instructions contain the judge's opinion of the evidence presented.
Q:
State trial courts are known as limited jurisdiction courts.
Q:
State appellate courts typically have a three-judge panel deciding a particular case.
Q:
The decisions of state supreme courts are final unless a federal issue or a constitutional right is involved.
Q:
A defendant is a person who begins a lawsuit by filing a complaint against a plaintiff in a trial court of general jurisdiction.
Q:
The "complaint" is presented by the plaintiff directly to the defendant and is called service of process.
Q:
Subject matter jurisdiction in federal court cannot arise in cases of diversity if no federal law is involved.
Q:
The process of moving a case from a U.S. District Court to a state court is called removal.
Q:
The U.S. federal court system is divided into 13 circuits.
Q:
The U.S. Supreme Court has original jurisdiction in a case in which a state is a party.
Q:
A federal question could involve the U.S. Constitution, a federal statute, or a treaty.
Q:
A Massachusetts law prohibited governmental agencies of Massachusetts from buying goods from companies that conducted business with Myanmar. On what basis can this law be struck down by the Supreme Court of the United States?
Q:
In a case presented to the Philadelphia Court, the judge and the jury realize that no specific statute is applicable and decide to refer to previously recorded legal decision made in similar cases. Discuss.
Q:
Helen, a 15-year-old citizen of Illinois, was about to go to the doctor for an abortion when the Supreme Court of Michigan ruled that minors could not receive an abortion without parental consent. What effect might the Michigan Supreme Court's decision have on Helen?
Q:
The courts are judicial tribunals that meet in a regular place and apply the law in an attempt to settle disputes by weighing the arguments presented by advocates for each party.
Q:
A court that only has the power to hear tax cases would be a court of special jurisdiction.
Q:
Pierce was arrested under a city ordinance that made distributing handbills on the city streets a crime. Pierce argued that the U.S. Constitution guaranteed his right to free speech under the First Amendment. The local prosecutor argued that the First Amendment to the U.S. Constitution did not apply to state laws. Was the prosecutor correct? Explain.
Q:
Matrix Corp. is fined by the Occupational Safety and Health Administration for violations of workplace safety regulations. Matrix challenges the fine on the basis that it was not allowed to have a jury trial before being fined. Discuss.
Q:
A state law restricts the sulfur dioxide emissions from electric generation plants more severely than those of the federal Clean Air Act. Must an electric generation plant obey the state law or may it follow the federal statute?
Q:
A court decides that a state agency, rather than a federal one, can control what governmental employees, in the course of performing their duties, are permitted to talk or write about in relation to official policies, procedures, and programs. Such a prohibition might appear to violate the employee's Constitutional right of free speech as a U.S. citizen. Analyze.
Q:
Small towns want to restrict the speed of trains passing through the town to 20 miles per hour. The Federal Railroad Administration allows trains to travel through the towns at upto 70 miles per hour. Discuss whether or not the towns may restrict the speed of the trains.
Q:
A local city council enacts an ordinance that prohibits aircraft from taking off before 7:00 A.M. and disturbing the city's residents. An airline whose schedule is subject to federal regulation challenges this ordinance. Discuss the legal basis of this challenge and the likely outcome.
Q:
A new administrative regulation allowed the Social Security Administration to charge women for Social Security cards yet enabled men to obtain the cards for free. This regulation was contradictory to the constitution. Hence the U.S. Supreme Court is likely to:
A. review common law to see whether a precedent exists.
B. use statutory interpretation to clarify the law.
C. rule the regulation as unconstitutional.
D. let the regulation stand.
Q:
The process of determining the constitutionality of various legislative statutes, administrative regulations, or executive actions is:
A. preemption.
B. statutory interpretation.
C. devolution.
D. judicial review.
Q:
Once a rule is finalized, it is included in the _____________________.
A. Administrative Register
B. Code of Federal Regulations
C. Uniform Commercial Code
D. Modern Federal Register
Q:
Stanley runs a business in Middletown. He knows bribing an officer in return for favorable duties is a crime. However, he avoids bribery' by sending only gifts' to the sheriff as a token of appreciation of the officer's services to the town. The sheriff is impressed by Stanley's act and ensures that his business is well protected'. Analyze the situation.
Q:
A business asks a court to interpret the way in which newly enacted shoplifter detention legislation will be applied if the business, at some future point, detains a suspected shoplifter. The court may:
A. issue an advisory memorandum.
B. convene a conference of business and consumer representatives.
C. not interpret the statute until faced with a case.
D. ask the legislature to issue an advisory memorandum.
Q:
_______________ is the process by which the courts analyze those aspects of a statute that are unclear and ambiguous or that were not anticipated at the time the legislature passed the statute.
A. Judicial review
B. Statutory interpretation
C. Devolution
D. Preemption
Q:
If there are no modern court decisions or statutes dealing with an issue in dispute, the court hearing the case:
A. will apply common law.
B. will inevitably devolve.
C. will be unable to decide the case.
D. will ask the U.S. Supreme Court for an advisory opinion.
Q:
Typically, if a decision is made by the Florida Supreme Court, it would be:
A. persuasive in some Florida states courts.
B. binding in all Florida state courts.
C. binding in all other state courts.
D. persuasive in all Florida states courts.
Q:
__________________ is the process by which the courts decide that a federal statute must take precedence over a state statute.
A. Devolution
B. Revision
C. Uniformity
D. Preemption
Q:
_____________________ includes the freedom of the press, freedom of speech, freedom of assembly, and freedom of religion.
A. The Bill of Rights
B. Modern Amendment
C. Articles of Confederation
D. The Federal Register
Q:
Laws passed by a legislature are known as _____
A. codes
B. titles
C. amendments
D. statutes
Q:
If Texas attempted to make a trade agreement with Mexico, opposed to the Constitution that establishes tariffs and importing conditions for goods made in Mexico, the U.S. Constitutional objection to Texas' actions would be based upon:
A. the principle of preemption.
B. the doctrine of devolution.
C. the principle of separation.
D. the principle of supremacy.
Q:
Codes subdivided into groupings of statutes that deal with a particular area of the law are:
A. titles.
B. articles.
C. chapters.
D. divisions.
Q:
______________________________ is a unified set of statutes designed to govern almost all commercial transactions.
A. The Uniform Common Law Code
B. The Uniform Commercial Code
C. The Uniform Civil Code
D. The Uniform State Code
Q:
Which of the following refers to the body of previously recorded legal decisions made by the courts in specific cases?
A. Statute
B. Amendment
C. Constitution
D. Common law
Q:
While one person has found the actual intent of the law, the other has missed its true meaning. This duality in law is the balance between:
A. the spirit and the letter of law.
B. words versus interpretation.
C. the abstract and the concrete.
D. the uncertainty principle and reason.
Q:
The basic law of a nation or state typically is the:
A. common law.
B. power of the chief executive.
C. constitution.
D. legislation.
Q:
While living in Oregon, Lillian was accused of molesting several children in Idaho five years earlier, where she had worked as a social worker. Lillian could be brought back to Idaho for trial:
A. under the Uniform Commercial Code.
B. through persuasive precedent.
C. under the Third Amendment to the U.S. Constitution.
D. under Article IV of the U.S. Constitution.
Q:
Article III of the U.S. Constitution:
A. determines that a presidential term of office runs for six years.
B. states that Congress consists of the Senate and the House of Representatives.
C. provides for trial by jury for crimes.
D. establishes the principle of supremacy.
Q:
Which of the following Articles of the U.S. Constitution provides for the original ratification of the Constitution.
A. Article I
B. Article III
C. Article VII
D. Article V
Q:
The job of a drafting committee is to write the actual uniform law, point by point.
Q:
Common law is the body of previously recorded legal decisions made by courts in specific cases.
Q:
Persuasive precedent is a precedent that a court must follow.
Q:
Judicial review is the process of determining the constitutionality of various legislative statutes, administrative regulations, or executive actions.
Q:
Legislators are typically experts in the areas over which they have power.
Q:
It is said that the law should be viewed as a delicate balancing act because:
A. political parties are competing for power.
B. individuals require restraint to prevent chaos.
C. one company's contract rights may be upheld at the expense of another's.
D. one company may overcharge consumers.
Q:
The Articles of Confederation set up the democracy.
Q:
The Eighth Amendment of the U.S. Constitution guaranteed jury trials in common law cases.
Q:
The Constitution says that all federal laws that are made in line with constitutional principles are to be considered the supreme law of the land.
Q:
The devolution of a right destroys the right.
Q:
A code is a compilation of all the statutes of the federal government.
Q:
The principle that states that intent and result never coincide, and when they do it is generally a matter of luck is known as the uncertainty principle.
Q:
The Articles of Confederation created a strong national government.
Q:
The principle of the separation of powers divides power between the state and federal government.
Q:
Article III of the U.S. Constitution gives executive power to the President.
Q:
The amendments to the U.S. Constitution are attempts to fine-tune the Constitution and update its provisions to meet the demands of a changing socioeconomic structure.
Q:
The language of the law helps in the execution of the law.
Q:
Duality in the law is not seen in the work of judges, legislators, and administrators.
Q:
Amanda Hutchins sued her managers for making merger decisions that caused shareholders to lose money. The managers argued that they made decisions based on the long term benefits of the merger to everyone involved, including the local community and the state. Hutchins argued that the shareholders' profits should be the managers' first priority. Analyze the case and the possible ruling of the court.
Q:
Amalgamated Enterprises is considering closing its plant in a small U.S. town where its average wages are $10 per hour, and moving production to a foreign country where average wages for the same work will be $2 per hour. Amalgamated is the largest employer in the community. What theories of social responsibility may Amalgamated's management consider in making a final decision about the plant?
Q:
The primary objective of law is to maintain harmony, stability, and justice within a society.
Q:
Law should be viewed as a delicate balancing act.
Q:
Trade-offs occur within the law on a regular basis.
Q:
Lisa realizes that her colleagues and her boss judge her based on the way she speaks. Lisa is French and does not speak fluent English. Discuss the situation.
Q:
Rachel found a bag of money that fell out of an armored car. She decided to keep the money since she did not have full-time employment and was studying to be a nurse. Name and explain the ethical system that Rachel used to make her decision.
Q:
Justin learns that the air bags that his employer, Excel Auto Corporation, installs in its new cars can kill or seriously injure young children when the bags deploy in an auto accident. When he reports this to responsible Excel officials, they redesign and recall the old airbags at considerable expense since "it is the best thing to do for the driving public." Name and explain the ethical system Excel used to make this decision.
Q:
William develops a new design for a gasoline engine that will increase fuel economy by 30%. He decides not to patent this design because it will be good for the environment and the entire world. Name and explain the ethical system William has used to make this decision.
Q:
Jason decides not to cheat on an exam since he considers himself a morally reasonable person and his action of cheating on exams will undermine the value of degrees issued by his educational institution. Name and explain the ethical system Jason has used to make this decision.
Q:
Michael is the corporate manager at Hatch & Jake Pvt. Ltd. He is asked to always consider if the benefits to the shareholders outweighs the cost to the corporation. Michael takes the action only if the shareholder's benefits offset corporate costs. Discuss.
Q:
Which of the following is true of ethical and legal harmony?
A. In a utopian society, ethics and law would always differ.
B. Ethical considerations cannot form the foundation of a legal system.
C. A legal system founded on ethics will rarely succeed in reaching its objectives.
D. Ethics can lead the way in difficult situations where law is yet to venture.
Q:
Emily is being tried in court for murder. She defends herself by stating that the victim attacked her, and in an attempt to defend herself, she hurt him. Discuss the situation in light of ethics.
Q:
Julia decides not to dump her used motor oil in the creek that runs behind her garage since that would damage individuals who live downstream and upset the peace and harmony in which she has lived with these neighbors. Name and explain the ethical system Julia has used to make this decision.
Q:
The law exercises the power of _____ to confiscate privately owned land for community purposes.
A. eminent domain
B. the ultimate ruler
C. social justice
D. property statutes
Q:
Anthony is concerned only with corporate benefits and problems rather than the benefits and problems that will result for others outside the boardroom. Anthony practices:
A. utility thinking.
B. utilitarianism.
C. social contract theory.
D. ethical relativism.
Q:
_____ is a philosophical theory that says ethical values can be determined by a proper application of human reason.
A. Utility thinking
B. Rational ethics
C. Social contract theory
D. Ethical relativism
Q:
The _____ must be practiced by individuals because individuals can never foresee the result of their actions.
A. ethic of responsibility
B. ethic of relativism
C. ethic of ultimate ends
D. ethic of ultimate needs
Q:
Until recently the only view of corporate responsibility built into the U.S. statutory and common law was:
A. making a profit for its creditors.
B. making a profit for its shareholders.
C. making a profit for public purposes.
D. making a profit for the government.