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Law
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 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:
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:
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:
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:
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:
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:
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:
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.
Q:
A corporate manager who simply looks at the action he/she is about to take and only asks whether the benefit to the shareholders will outweigh the cost to the corporation, is using:
A. descriptive theory.
B. concurrent validity.
C. prescriptive theory.
D. utility thinking.
Q:
In terms of social responsibility, which of the following arguments is true?
A. Under provisions of most incorporation statutes, a corporation is considered nothing more than a company.
B. The decisions of corporate managers must always be narrowly focused on the profits of the shareholders.
C. Corporate social responsibility is based on the premise it is unethical for corporations to earn profits for themselves.
D. Corporate decisions have an impact on more people than just the shareholders and managers.
Q:
Matrix Corporation's board of directors decide not to outsource U.S. jobs to China, even though it would cut their labor costs by 50%, in order to preserve the interests of the local community. Shareholders sued the directors for failing to maximize profits. Under current U.S. law, the directors:
A. are immune from this suit.
B. are clearly liable.
C. are liable unless they put the interest of the shareholders above all other interests.
D. are liable unless granted immunity by a federal prosecutor.
Q:
"People should never make unsupported judgments about one another but should instead always investigate the facts in an effort to uncover the truth about the character of a person or the nature of a situation." This is a rule originating from:
A. ethical relativism.
B. the positive law theory.
C. utilitarianism.
D. the social contract theory.
Q:
George believes in a society where people must fend for themselves rather than give up the freedom to do as they please and in return receive a guarantee that other individuals will curb their behavior. This is an example of:
A. a state of nature.
B. a state of society.
C. the social contract theory.
D. utilitarianism.
Q:
The morality of an action is determined by its ultimate effects according to
A. natural law theory.
B. role model ethics.
C. utilitarianism.
D. positive law theory.
Q:
Samantha believes that one can only judge another's ethical decisions by "standing in his/her shoes." Samantha believes in
A. situational ethics.
B. social contract theory.
C. utilitarianism.
D. natural law theory.
Q:
According to ethical relativism:
A. human values apply to all people at all times.
B. both natural law and positive law form the basis for its beliefs.
C. there are no objective or absolute standards of right and wrong.
D. the morality of an action is determined by its ultimate effects.
Q:
Which of the following is true about the social contract theory?
A. It explains how to formulate values that permit a society to run smoothly.
B. It advocates a society in which people must fend for themselves.
C. It states that to live harmoniously, people must give up certain freedoms.
D. It states that people cannot be forced to adhere to rules, or be punished for not doing so.
Q:
Developing and formulating rules in line with values defines:
A. ethics.
B. conduct.
C. law.
D. rationalism.
Q:
_____ sees law and morality as united in a common and fundamental bond.
A. Ethical relativism.
B. Social contract theory.
C. Utilitarianism.
D. Natural law theory.
Q:
Which of the following do positive law theory and natural law theory have in common?
A. They originate from an outside source that has emerged from within society.
B. They believe that human values apply to all people at all times.
C. They believe that human decency will ultimately triumph over human cruelty.
D. They believe in forming and dictating ethical decisions to people.
Q:
The theory of _____ argues that each of us can judge a person's ethical decisions only by initially placing ourselves in the other person's place.
A. ethical relativism
B. situational ethics
C. social ethics
D. ethical realism
Q:
All business entities have the status of being a "legal person", under the authority of federal and state statutes.
Q:
Utility thinking often results in actions that are clearly unethical and potentially illegal.
Q:
Corporate social responsibility flows from the legal rights granted to corporations.
Q:
The traditional legal view was that corporate managers could be sued for making a decision that hurt the corporation's profits.
Q:
An ethical lifestyle is simply doing what is legal.
Q:
Law can frequently succeed in reaching its objectives, even if it is not founded upon ethics.
Q:
_____ consist of rules of conduct established by the government of a society to maintain harmony, stability, and justice.
A. Morals
B. Ethics
C. Laws
D. Values
Q:
Rational ethics ought to establish universal rules of behavior that apply to all people at all times. For this reason, rational ethics is often referred to as subjective ethics.
Q:
The ethic of ultimate ends' must be practiced by national leaders.
Q:
A prescriptive theory explains how to create values that benefit society.
Q:
Utilitarianism focuses on the circumstances that an individual faces.
Q:
Alfredo engages in cost-benefit thinking if he only focuses on the benefits and problems that his business will face as the result of a decision he makes.
Q:
Rational ethics states that people's ethical decisions can be judged only by understanding their situations.
Q:
Law is a means of civil management.
Q:
Negative rights theory states that the law originates from an outside source that has emerged from within society.
Q:
Ethical rules of conduct developed by various professions are often difficult to understand and follow.
Q:
Ethical theories are all based on the assumption that people want to live ethical lives.
Q:
Joe believes that there are no absolute standards of right and wrong. Joe's belief is an example of ethical absolutism.