>> Business Law and Ethics
1. The 1954 Brown v. Board of Education decision by itself had little impact on segregated schools in the South for all of the following reasons except:
a. Other branches of the federal government did nothing to help enforce Brown.
b. The law was too formalistic: the only way to enforce Brown was through lawsuits filed by individual plaintiffs.
c. The decision was so politically unpopular that Chief Justice Warren was voted out of office at the next election.
d. Southern politicians led organized resistance to desegregation.
2. The "reasonable man" standard of legal responsibility is a result of Holmes's attempt to
a. justify an intent standard of liability in contracts cases.
b. forge a compromise between an intent standard and strict liability.
c. justify a strict standard of liability in tort cases.
d. oppose passage of the 19th Amendment to the Constitution, which gave women the right to vote.
3. For more than four decades after its passage, the 1965 Voting Rights Act was successful in
Select one or more:
a. bringing African American voter registration rates close to those of whites, and in some states higher.
b. empowering the U.S. Justice Department to disapprove changes to voting rules that were likely to weaken the impact of black votes, but only in jurisdictions with a history of discrimination.
c. dramatically increasing the numbers of African Americans and Latinos in the U.S. Senate and House of Representatives.
d. completely ending attempts to disenfranchise minority citizens.
4. The 1965 Voting Rights Act was highly effective (relative to other civil rights reforms) largely because
a. jurisdictions where the Justice Department took over voter registration were chosen based on a strict liability standard, but "preclearance" decisions were based on the intent of the proposed changes to voting rules.
b. the Justice Department's nonconfrontational approach to enforcement led to broad acceptance of the Voting Rights Act, even in Southern states.
c. it outlawed voting rules and practices that have the effect (not necessarily the intent) of denying or abridging the right to vote based on race.
d. President Kennedy sent federal troops to the South to protect the voting rights of black citizens.
5. The Voting Rights Acts of 1957 and 1960, the Brown decision, and the original version of Title VII of the 1964 Civil Rights Act had what in common?
a. They emphasized substantive outcomes at the expense of legal formalism, were enforced by aggressive executive agencies, and were highly effective.
b. They were initially hugely unpopular, but are now uncontroversial.
c. They emphasized substantive outcomes more than legal formalism, were enforced by federal courts with a minimum of legal procedure, and had profound effects on discrimination.
d. They emphasized legal formalism, were enforced by the courts through litigation, and were mostly ineffective.
6. One of the arguments offered by Normative Theory is that law is "generic." This means that
a. law is everywhere: lawlike norms and practices are likely to arise not just from governments, but in any organization--including workplaces, schools, and clubs--where people come together to achieve common goals.
b. law in human societies is the equivalent of genetically-based behavioral regularities among other animals: both are means of regulating behavior to ensure the survival of the group.
c. law is pretty similar across all developed societies: the details--such as legal procedure--may differ from one country to the next, but the general outlines are the same.
d. law is ideally written in broad, simple terms that ordinary people can understand.
7. In the 2013 Shelby County v. Holder decision, the U.S. Supreme Court
a. acknowledged that the 1964 Civil Rights Act outlawed race and gender discrimination in employment, but did not outlaw discrimination against black women as a group.
b. endorsed the coverage formula in Section 4 of the Voting Rights Act, but invalidated the preclearance requirement in Section 5.
c. invalidated the coverage formula in Section 4 of the Voting Rights Act, but not the preclearance requirement in Section 5.
d. invalidated Seattle's school desegregation plan even though it encouraged mainly voluntary school assignments.
8. Title VI of the 1964 Civil Rights Act was remarkably effective in desegregating Southern schools because
Select one or more:
a. With the strong political support of the President, the Departments of Justice and HEW worked together aggressively to enforce the law.
b. This is a trick question. In fact Title VI was no more effective than the Brown decision.
c. It authorized the Department of Health, Education and Welfare to cut off federal funds to districts that failed to comply with the mandate to desegregate--creating, in effect, a strict liability standard.
d. Title VI was highly formalistic, which made it difficult to challenge in court.
e. When desegregation efforts were challenged in lawsuits, federal courts strongly supported enforcement of Title VI.
9. Unlike Durkheim, Marx, and Weber, Oliver Wendell Holmes Jr. and Roscoe Pound were concerned with
Select one or more:
a. the limitations of law when it is used to fix social problems.
b. the effectiveness of law in creating desirable social change.
c. laws that would help combat racial discrimination.
d. the effects of economic change on "black letter" law.
10. Unlike vote discrimination and segregated schooling, employment discrimination
a. is not contingent on other forms of discrimination.
b. occurs mostly in the public sector.
c. mainly effects women, and rarely has negative consequences for racial minorities.
d. occurs mostly in the private sector.